City of Santa Clara
ATTACHMENT 2
STREET LIST
2023 Annual Street Maintenance and Rehabilitation Project
Street Name Begin Location End Location
AMELIA WAY AZA DR. ROYAL DR.
ANDREA PL. WARBURTON AVE. BARKLEY AVE.
ANDREA PL. BARKLEY AVE. CUL-DE-SAC
ASPEN DRIVE BARTO ST. WOODHAMS RD.
AZA DRIVE AMELIA WAY JOAN WAY
BARTO STREET ASPEN DR. FORBES AVE.
BEL AYRE DRIVE CECIL AVE. FOREST AVE.
BELLWOOD DRIVE EASTWOOD CIRCLE WILLOW WAY
BETTY COURT WARBURTON AVE. CUL-DE-SAC
BRASSWOOD COURT EASTWOOD CIRCLE CUL-DE-SAC
BROOKSIDE AVENUE STEVENS CREEK BLVD. FOREST AVE.
BROWNWOOD WAY WILDWOOD WAY GREENWOOD DR.
CARLETON PLACE BARTO ST. CUL-DE-SAC
CASTRO PLACE GRAHAM LN. LOS PADRES BLVD.
CATALA COURT DE LA PENA AVE. MURGUIA AVE.
CECIL AVENUE BEL AYRE DR. DOUGLANE AVE.
CECIL AVENUE WESTRIDGE DR. HENRY AVE.
CECIL AVENUE HENRY AVE. DORCICH ST.
CLARKWOOD COURT EASTWOOD CIRCLE CUL-DE-SAC
COLGATE AVENUE RADCLIFF DR. HICKORY PL.
COLLINWOOD COURT EASTWO OD CIRCLE CUL-DE-SAC
CYPRESS AVENUE STEVENS CREEK BLVD. FOREST AVE.
DOUGLANE AVENUE CECIL AVE. FOREST AVE.
DORCICH STREET HENRY AVE. NORTH WINCHESTER BLVD.
EDGEFIELD DRIVE WILDWOOD WAY OAKWOOD DR.
EASTWOOD CIRCLE GREENWOOD DR. HEMLOCK CT.
EASTWOOD CIRCLE HEMLOCK CT. OAKWOOD DR.
FALLON AVENUE MARKET ST. LEXINGTON ST.
FLANNERY STREET ASPEN ST. FORBES AVE.
FREDERICK AVENUE MARKET ST. LEXINGTON ST.
GRAHAM LANE WARBURTON AVE. CABRILLO AVE.
GREENWOOD DRIVE DE LA CRUZ BLVD. BROWNWOOD WAY
2023 Annual Street Maintenance and Rehabilitation Project
Street Name Begin Location End Location
GREENWOOD DRIVE BROWNWOOD WAY EASTWOOD CIRCLE
HAROLD AVENUE STEVENS CREEK BLVD. FOREST AVE.
HAZELWOOD AVENUE HICKORY PL. BARTO ST.
HEMLOCK COURT EASTWOOD CIRCLE CUL-DE-SAC
HENRY AVENUE STEVENS CREEK BLVD. CECIL AVE.
HENRY AVENUE CECIL AVE. FOREST AVE.
HICKORY COURT HICKORY PL. CUL-DE-SAC
HICKORY PLACE COLGATE AVE. HAZELWOOD DR.
INGLEWOOD DRIVE WOODSTOCK WAY WILDWOOD WAY
JEFFERY COURT WARBURTON AVE. CUL-DE-SAC
JERALD AVENUE NATALIE AVE. SANTA CRUZ AVE.
JEFFERSON STREET JONATHAN ST. BELLOMY ST.
JEFFERSON STREET BELLOMY ST. HOMESTEAD RD.
JEFFERSON STREET HOMESTEAD ROAD BENTON STREET
JOAN WAY AZA DR. ROYAL DR.
JONATHAN STREET JEFFERSON ST. MONROE ST.
LEXINGTON STREET FALLON A VE. WINCHESTER CUT-THRU
MADISON STREET FREMONT ST. JONATHAN ST.
MENZEL PLACE GRAHAM LN. LOS PADRES BLVD.
MILLAR AVENUE CALABAZAS BLVD. FRANCIS AVE.
MONASTERY WAY HOMESTEAD RD. LEXINGTON ST.
MORENO LANE DE LA PENA AVE. MURGUIA ST.
MURGUIA STREET FALLO N AVE. SCOTT BLVD.
NATALIE AVE. JERALD AVE. WARBURTON AVE.
OAKWOOD DRIVE DE LA CRUZ BLVD. EASTWOOD CIRCLE
PINEWOOD PLACE WILDWOOD WAY CUL-DE-SAC
RAGGIO AVENUE GRAHAM LN. LOS PADRES BLVD.
RADCLIFF DRIVE CARLETON PL. TEMPLE CT.
RADCLIFF DRIVE TEMPLE CT. PRUNERIDGE AVE.
TAPER AVENUE CALABAZAS BLVD. ANDREA PL.
TEMPLE COURT RADCLIFFE DR. CUL-DE-SAC
TYLER AVENUE STEVENS CREEK BLVD. FOREST AVE.
UNIVERSITY STREET LEXINGTON ST. N. WINCHESTER BLVD.
VARGAS PLACE GRAHAM LN. LOS PADRES BLVD.
WOODBRIDGE WAY EASTWOOD CIRCLE GREENWOOD DR.
WOODSTOCK WAY INGLEWOOD DR. EDGEFIELD DR.
WILLOW WAY OAKWOOD DR. BELLWOOD DR.
WILDWOOD WAY INGLEWOOD DR. EDGEFIELD DR.
WARBURTON AVENUE DEAD END (SAN TOMAS
EXPWY.)
LOS PADRES BLVD.
2023 Annual Street Maintenance and Rehabilitation Project
Street Name Begin Location End Location
WARBURTON AVENUE LOS PADRES BLVD. SCOTT BLVD.
WESTRIDGE DRIVE FOREST AVE. CECIL AVE.
2024 Annual Street Maintenance and Rehabilitation Project
Street Name Begin Location End Location
ALBERTA CT. EL CAPITAN DR. CUL-DE-SAC
ALVARADO DRIVE CIMMARON DR. ROOSEVELT CIRCLE
ARMOUR DRIVE HOGAN DR. EISENHOWER DR.
BENNETT AVENUE MAURICIA AVE. CLAREMONT AVE.
BONITA AVENUE MACHADO AVE. NOBILI AVE.
BONITA COURT BONITA AVE. CUL-DE-SAC
BURKE DRIVE EISENHOWER DR. HOGAN DR.
BUTCHER DRIVE CUL-DE-SAC CURTIS AVE.
CAPISTRANO DRIVE MARQUETTE ST. NOTRE DAME DR.
CAPITOLA WAY PERREIRA DR. GOLDEN STATE DR.
CAPITOLA WAY BENTON ST. GOLDEN STATE DR.
CARMEL WAY HARRISON ST. BENTON ST.
CATHERINE STREET SCOTT BLVD. PIERCE ST.
CHERRY LANE GOLDEN STATE DR. BUTCHER DR.
CHROMITE DRIVE BOWERS AVE. CORTEZ DR.
CIMARRON DRIVE ROOSEVELT CIRCLE ALVARADO DR.
CLAY STREET SCOTT BLVD. PIERCE ST.
CLIFFORD STREET SCOTT BLVD. PIERCE ST.
COOPER DRIVE ST. MARYS PL. FORDHAM DR.
CROCKER WAY NOTRE DAME DR. MARQUETTE ST.
CURTIS AVENUE BENTON ST. BROOKDALE DR.
DE PAUL PLACE GEORGETOWN PL. CREIGHTON PL.
DEL MONTE AVENUE MACHADO AVE. EARL DR.
DEMARET DRIVE HOGAN DR. EISENHOWER DR.
EARL DRIVE DEL MONTE AVE. NOBILI AVE.
EL CAPITAN AVENUE CABRILLO AVE. SHERATON DR.
EL CAPITAN AVENUE SHERATON DR. LOS PADRES BLVD.
ELMHURST AVENUE GIBSO N AVE. CLAREMONT AVE.
ELMHURST COURT ELMHURST AVE. CUL-DE-SAC
EMMETT COURT EMMETT PL. CUL-DE-SAC
EMMETT PLACE CAPISTRANO DR. NOBILI AVE.
EISENHOWER DRIVE LAFAYETTE ST. EAST END
FAIRFIELD AVENUE STAFFORD ST. BENTON ST.
GIBSON COURT GIBSON AVE. CUL-DE-SAC
GIBSON AVENUE MAURICIA AVE. CLAREMONT AVE.
GOLDEN STATE DRIVE CAPITOLA WAY CURTIS AVE.
GOLDEN STATE DRIVE CURTIS AVE. LAWRENCE EXPWY.
GONZAGA PLACE DE PAUL AVE. FORDHAM DR.
GEORGETOWN PLACE DE PAUL PL. FORDHAM DR.
HARRISON STREET SCOTT BLVD. PIERCE ST.
2024 Annual Street Maintenance and Rehabilitation Project
Street Name Begin Location End Location
INVERNESS AVENUE FAIRFIELD DR. BENTON ST.
JULIE COURT BENTON ST. CUL-DE-SAC
MANGRUM DRIVE HOGAN DR. EISENHOWER DR.
MARQUETTE STREET CROCKER WAY CAPISTRANO DR.
MAURICIA AVENUE DEAD END CLAREMONT AVE.
MAURICIA AVENUE CLAREMON T AVE. RODONOVAN DR.
MAURICIA AVENUE RODONO VAN DR. MICHAEL WAY
MAURICIA AVENUE MICH AEL WAY CRONIN DR.
MAURICIA AVENUE CRONIN DR. WOODHAMS RD.
NOTRE DAME DRIVE CROCK ER WAY NOBILI AVE.
PACIFIC DRIVE MONROE ST. NOTRE DAME DR.
PERREIRA DRIVE POMEROY AVE. BROOKDALE DR.
PIERCE STREET HARRISON ST. BENTON ST.
ROOSEVELT CIRCLE MONROE ST. END
ROOSEVELT COURT ROOSEVE LT CIRCLE CUL-DE-SAC
SHAFER DRIVE CURTIS AVE. GOLDEN STATE DR.
SHERATON DRIVE STAATS WAY EL CAPITAN AVE.
SNEAD DRIVE HOGAN DR. EISENHOWER DR.
SOARES COURT PERRERIA DR. CUL-DE-SAC
SOLANO COURT PERREIRA DR. CUL-DE-SAC
SOUTH DRIVE CHROMITE DR. MONROE ST.
STAATS WAY SHERATON DR. EL CAPITAN AVE.
STAFFORD STREET SCOTT BLVD. CHAPEL DR.
ST. MARYS PLACE COOPER DR. STANFORD PL.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1229 Agenda Date: 11/15/2022
REPORT TO COUNCIL
SUBJECT
Action on a Revised Revenue Agreement with the County of Santa Clara for the Santa Clara Intensive Case Management and Homeless Prevention Program
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The City of Santa Clara contracts with the County of Santa Clara to provide services related to reducing homelessness within the City. Most recently, on June 23, 2020, the City Council approved a two-year Revenue Agreement with the County committing $250,000 to provide case management services to chronically homeless individuals through the County’s Care Coordination Project (CCP).
The CCP operates under the leadership of the County’s Office of Supportive Housing, which partners with public and private agencies in coordinating care of the County’s most vulnerable, long-term homeless residents. The Revenue Agreement also included a funding allocation of $150,000 for the County’s Homeless Prevention Program (HPP).
The Revenue Agreement directly contributes toward achievement of the City’s goal of ending homelessness in the City. Through the Revenue Agreement, the County provides housing and case management on an ongoing basis for 20 homeless and chronically homeless individuals that are referred to the County by the City of Santa Clara Police Department’s (SCPD) Community Response Team. The SCPD Community Response Team maintains a list of homeless and chronically homeless people considered to be the City's most vulnerable to incidences of both personal and public safety and makes referrals to the County based on this list.
The Revenue Agreement also provides services to the City utilizing County funds. Per the Revenue Agreement, the City funds case management services, while the County provides housing subsidies to these 20 individuals at no additional cost to the City. The housing subsidies are “permanent” (e.g., provide “Permanent Supportive Housing”) as they do not expire unless a participant no longer meets the program eligibility qualifications. Based upon current usage in similar County programs, the estimate of the housing subsidy from the County per year for 20 housing units is approximately $470,000.
To further the goal of ending homelessness in Santa Clara, the Revenue Agreement also seeks to prevent homelessness through a funding allocation for the County’s HPP of $50,000 in FY 2022/23 and $50,000 in FY 2023/24, funded by the City’s Affordable Housing Fund. This program is a countywide initiative to provide eligible households with emergency assistance such as rent, security deposits, food, work related transportation, medical assistance and utilities assistance to prevent homelessness. Eligible households would need to have sufficient household income to maintain City of Santa Clara Printed on 11/10/2022Page 1 of 3
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22-1229 Agenda Date: 11/15/2022
housing after receiving emergency assistance. The County estimates that Santa Clara’s contribution to HPP would provide emergency financial assistance to at least 20 households.
On May 10, 2022, the City Council approved and authorized the City Manager to execute a Revised Revenue Agreement (Agreement) to extend these services, prior to the expiration of the Agreement on June 30, 2022. However, subsequent to that approval, the County Counsel Office is requiring additional changes to the Agreement before it can be dually executed. The dollar amounts in the Agreement have not changed.
DISCUSSION
Approval of the Agreement with the County of Santa Clara extends the City’s participation in the Care Coordination Project and Homeless Prevention Program for an additional two years, from July 1, 2022 through June 30, 2024, and provides annual funding to cover the costs for both programs by an amount not to exceed $350,000 over the term of the Agreement. The Agreement would be funded by $220,000 from the City’s Housing Successor Agency Fund and $130,000 from the City Affordable Housing Fund, consistent with the funding for the original Revenue Agreement.
The changes requested by the County Counsel is because the agreement was on a prior template in which County has updated its standard provisions including indemnification, termination and compliance with laws. The changes to the Agreement requested by the County Counsel would not substantively modify the program in that the City’s funding commitment would not change and the County would continue to provide the same services to the City. As described above, the Agreement is an important tool through which the City is able to deliver services to its homeless population, consistent with the City’s service goals. Extending this Agreement will thus continue important services within Santa Clara in a cost-effective manner.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The Agreement provides $125,000 per fiscal year for the CPP intensive case manager, and $50,000 per fiscal year for HPP services. The Agreement’s annual total cost is $175,000, totaling $350,000 over the two-year term of the Agreement. Funding for this agreement was approved as part of the FY 2022/23 and FY 2023/24 budget adoption on June 21, 2022 in the City Affordable Housing ($130,000) and Housing Successor Agency ($220,000) Funds.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public
City of Santa Clara Printed on 11/10/2022Page 2 of 3
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22-1229 Agenda Date: 11/15/2022
information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve and authorize the City Manager to execute the revised Revenue Agreement with the County of Santa Clara for the Santa Clara Intensive Case Management and Homeless Prevention Program for two years not to exceed $350,000.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
2022-2024 County - City Revenue Agreement for PSH and HPP City of Santa Clara Printed on 11/10/2022Page 3 of 3
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Revenue Agreement between County of Santa Clara and the City of Santa Clara
REVENUE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITY OF SANTA CLARA
This Revenue Agreement (the “Agreement”) is entered into by and between the County of Santa Clara (the “County”) and the City of Santa Clara ( the “City”), in order to provide funding for and establish roles, rights and responsibilities related to preventing and ending homelessness in the City of Santa Clara. The County and City are sometimes referred individually as a “Party,” and collectively as the “Parties.”
RECITALS
A. WHEREAS, the Parties have endorsed the 2020 -2025 Community Plan to End Homelessness in Santa Clara County and have approved resolutions finding that the problem of homelessness in Santa Clara County is a crisis;
B. WHEREAS, the City, the County and other partners seek to reduce homelessness while sharing costs, prioritizing services to the community’s most vulne rable homeless persons , using resources strategically, and maintaining effective operational relationships;
C. WHEREAS, in its role as the lead agency for the Santa Clara County Continuum Care (CoC), the County’s Office of Supportive Housing (OSH) coordinate s permanent housing programs, shelter and transitional housing, supportive services, a homeless management information system and supportive housing policies and standards countywide;
D. WHEREAS, the County has established effective partnerships to manage and coordinate programs such as Permanent Supportive Housing (PSH), Rapid Rehousing (RRH), Homelessness Prevention, Housing Problem Solving, temporary housing services, and outreach services;
E. WHEREAS, the City seeks to prioritize permanent supportive housing for chronically homeless individuals who are significantly impacting the City’s neighborhoods and departments;
F. WHEREAS, the City seeks to provide individuals and families who are at imminent risk of becoming homeless with financial assistance in order to prevent homelessness;
G. WHEREAS, the City seeks to leverage th e County’s resources and expertise in managing supportive housing programs by allowing the County to manage programs for homeless persons; and
Revenue Agreement between County of Santa Clara and the City of Santa Clara H. WHEREAS, the County and City entered into a prior agreement on July 1, 2020 for these programs and it was extended through June 30, 2022, is no longer in effect. The Parties wish to continue their relationship by entering into this Agreement.
In consideration of the foregoing Recitals, and the mutual promises and covenants contained in this Agreement, the Parties agree as follows:
AGREEMENT
1) TERM
This Agreement is effective on July 1, 2022 and will continue thereafter until June 30, 2024 unless extended by mutual consent or terminated as provided below in Sections 4) and 14).
2) ROLES AND RESPONSIBILITIES
a) The Parties shall jointly develop, implement , and monitor the programs described in Exhibit A: Program Specifics (“Programs”).
b) City’s Responsibilities
i) The City’s shall designate a Program Manager to:
(1) Serve as the County’s liaison to the City’s departments and City Council;
(2) Participate in the process of selecting services providers for the Programs, if applicable;
(3) Participate in management meetings for the Programs , which will be held as needed; and,
(4) Actively assist in the development and improvement of the Program s to ensure that the Programs meet their goals; and,
(5) Review and process all invoices from the County.
ii) They City shall reimburse the County for all expenses associated with this Agreement as follows:
Revenue Agreement between County of Santa Clara and the City of Santa Clara Time Period Total Maximum Financial Obligation
7/1/22 – 6/30/23 $175,000
7/1/23 – 6/30/24 $175,000
TOTAL $350,000
c) County’s Responsibilities
i) The County shall designate one or more Program Managers to:
(1) Serve as the City’s liaison to County departments;
(2) Plan and lead management and coordination meetings, which will be held as needed;
(3) Lead in development, management , and refinement of the Program s to ensure that the Programs meets their goals.
(4) Lead coordinating meetings with appropriate stakeholders to ensure the Programs’ success.
(5) Review and submit all invoices from the County.
ii) The County shall provide or subcontract Programs’ s ervices. To the maximum extent practicable, the County shall leverage other resources to offset , expand, improve, or expand the Programs’ services. The County shall s elect subcontractors through a competitive procurement process unless the Board of Supervisors (“Board”) approves an exception to competitive procurement consistent with County Board Policy.
iii) The County or its contractors shall implement referral criteria and procedures consistent the Santa Clara County Continuum of Care’s Coordinated Assessment System.
d) The Parties shall work collaboratively to:
i) Establish the Programs’ success and outcome measures, which, to the greatest extent possible, shall be consistent with the Santa Clara County Continuum of Care’s System Performance Measures; and,
ii) Identify means and resources that would enable the Programs to more effectively use City and County fund and improve Programs.
Revenue Agreement between County of Santa Clara and the City of Santa Clara
iii) Meet regularly to discuss the performance and progress of the Program s. When appropriate, the Parties shall jointly develop corrective actions to be implemented by the Programs’ contractors.
iv) Jointly monitor the Programs’ expenses and outcomes. Based on the availability of the City’s funds in future years and the Programs’ outcomes, the Parties will determine whether to continue, expand, contract, or terminate the Programs at the end of the Term.
e) Funding for the Programs is contingent on annual appropriations that are approved by the City Council and the County Board of Supervisors.
3) MUTUAL INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the County and the City agree that, pursuant to Government Code Section 895.4, each of the Parti es hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Parties under this Agreement.
4) TERMINATION
Either Party may terminate this Agreement at any time for convenience and without cause, upon providing a ninety-day (90) notice to the other Party at the addresses set forth in section 13) below. The notice shall state the effective date of the termination.
5) ASSURANCE
Each Party represents and warrants that it has the authority to enter into this Agreement.
Revenue Agreement between County of Santa Clara and the City of Santa Clara 6) RELATIONSHIP
Nothing contained in this Agreement shall be deemed or construed by the Parties or any third party to create the relationship of partners or joint ventures between the City and the County.
7) CONFIDENTIALITY
The Parties agree that by virtue of entering into this Agreement they each shall have access to certain confidential information regarding the other Party’s operations. Each of the Parties shall not disclose confidential information and/or materials without the prior written consent of the other Party, unless such disclosures are required by California law. Where appropriate, resident releases shall be secured before confidential resident information is exchanged.
8) ENTIRE AGREEMENT
This Agreement and its Appendices (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreements, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.
9) MODIFICATION
This Agreement may not be enlarged, modified, or altered, except if it is evidenced in writing, signed by the Parties and endorsed to this Agreement.
10) INSURANCE
Each Party shall, at its own expense, keep in force during the T erm, Workers’ Compensation Insurance, insuring ag ainst and satisfying each Party’s obligations and liabilities under the workers’ compensation laws of the State of California, including employer’s liability insurance in the limits required by the laws of the State of California.
11) SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without being impaired or invalidated in any way.
12) NOTICES
Notices to the Parties in connection with this Agreement shall be given personally or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties as follows:
Revenue Agreement between County of Santa Clara and the City of Santa Clara
COUNTY OF SANTA CLARA CITY OF SANTA CLARA
Consuelo Hernandez, Director Andrew Crabtree
Office of Supportive Housing Director of Community Development 150 W. Tasman, 2nd Floor 1500 Warburton Avenue
San Jose, CA, 95134 Santa Clara, CA 95050
Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on the date of delivery.
13) AMENDMENTS
This Agreement may be amended only by a written instrument signed by the Parties.
14) WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a P arty must be provided, in writing, and shall apply to the specific instance expressly stated.
15) GOVERNING LAW AND VENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.
16) COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument.
17) CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “ electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
//
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Revenue Agreement between County of Santa Clara and the City of Santa Clara IN WITNESS WHEREOF, the Parties have caused this Agreement to be entered into as of the day and year of execution of this Agreement.
COUNTY OF SANTA CLARA CITY OF SANTA CLARA
_________________________________ _______________________________ Dr. Jeffrey V. Smith, M.D., J.D. Rajeev Batra, City Manager County Executive Officer
Date: ____________________________ Date: ___________________________
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY
___________________________________ ___________________________________ Aaron Coskey Voit Office of the City Attorney
Deputy County Counsel
Date: ______________________________ Date: ______________________________
Revenue Agreement between County of Santa Clara and the City of Santa Clara EXHIBIT A:
PROGRAM SPECIFICS
This Exhibit describes the Programs that will be implemented under this Agreement.
A. Permanent Supportive Housing (PSH)
1. Program Description
PSH is permanent housing with indefinite leasing or rental assistance paired with supportive services to assist homeless persons with a disability or families with an adult or child member with a disability achieve housing stability.
2. Target Population
The Program shall serve chronically homeless households who are current or former residents of the City or who work or go to school in the City. The County will assess households who are considered to be most vulnerable to incidences of personal and public safety by the City of Santa Clara’s Community Response Team. Households shall be referred through the Santa Clara County Continuum of Care Coordinated Assessment System.
3. Number of Households
The County or its contractors shall serve 20 households at a given point in time.
4. Program Funding Amount
The City shall reimburse the County for expenses associated with the PSH Program including Intensive Case Manager (ICM) salary and benefits, program operation costs and client flex funds (to include essential items such as food, identification, transportation, etc.). The budget for the program is as follows:
Time Period Maximum Financial Obligation for PSH
7/1/22 – 6/30/23 $125,000
7/1/23 – 6/30/24 $125,000
TOTAL $250,000
5. Program Requirements
a) The program provides intensive case management services to the chronically homeless in the City of Santa Clara through the Care Coordination Project (CCP).
Revenue Agreement between County of Santa Clara and the City of Santa Clara b) The County will subcontract with a qualified 501(c)(3) organization to provide one Intensive Case Manager. The ICM will work with the 20 households to assist in securing and maintaining housing.
B. Homelessness Prevention (HP)
1. Program Description
HP programs provide temporary financial assistance (e.g. rent, deposit, or utilities payment) and service connections to low -income families or individuals who are at imminent risk of homelessness.
2. Target Population
The Program shall serve households with incomes 80% of Area Median Income or lower who are at imminent risk of homelessness and who are current or former residents of the City or who work or go to school in the City.
3. Number of Households
The County or its contractors shall serve 20 households.
4. Program Funding Amount
The City shall reimburse the County for expenses associated with the Homeless Prevention Program, the budget for the program is as follows:
Time Period Maximum Financial Obligation for HP
7/1/22 – 6/30/23 $50,000
7/1/23 – 6/30/24 $50,000
TOTAL $100,000
5. Program Requirements
a) Eligible households are individuals or families that:
(i) Are at imminent risk of becoming homeless and have income at or below 80% of Area Median Income; and
(ii) Have sufficient household income to maintain housing after receiving financial assistance; and
(iii) Have a qualifying Homeless Prevention Assessment Tool (HPAT) score.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1187 Agenda Date: 11/15/2022
REPORT TO COUNCIL
SUBJECT
Action on an Agreement with the California Office of Traffic Safety for State and Community Highway Funding for the Santa Clara Pedestrian and Bicycle School Safety Project and Related Budget Amendment
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
In December 2021, the California Office of Traffic Safety (OTS) announced a Call-For-Projects for the FY 2022 grant cycle. The mission of the OTS is to effectively administer traffic safety grants that deliver innovative programs to eliminate traffic fatalities and injuries on California roadways. They partner with local jurisdictions to address California’s roadway safety needs at the state, county, and local level. Funding for the grant is provided through the National Highway Traffic Safety Administration (NHTSA).
In January 2022, Department of Public Works (DPW) staff submitted a grant application for the Santa Clara Pedestrian and Bicycle School Safety Project (Project). The goal of the Project is to improve safety for children walking and biking to school by providing safety equipment (i.e. bicycle helmets and lights) and completing bicycle rodeos that teach children skills to ride a bicycle safely at Santa Clara schools.
DISCUSSION
On July 11, 2022, DPW received notification that the City was tentatively awarded a grant from the OTS in the amount of $25,000. The NHTSA will approve the award upon execution of a grant agreement (Attachment 1). The grant agreement states grant funds must be expended by September 30, 2023 with the goal that this Project be completed in conjunction with the City’s upcoming Safe Routes to School Program.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
The recommended budget action recognizes OTS grant funding in the amount of $25,000 and allocates those funds to a new Santa Clara Pedestrian and Bicycle School Safety Project in the Streets and Highways Capital Fund.
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22-1187 Agenda Date: 11/15/2022
Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue (OTS Grant) $18,164,426 $25,000 $18,189,426 Expenditures
Santa Clara Pedestrian and Bicycle
School Safety Project (New Project)
$0 $25,000 $25,000
COORDINATION
This report was coordinated with the City Attorney’s Office, Finance Department, and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager, Finance Director, and Transportation Manager to execute the grant agreement between the City of Santa Clara and the State of California for the Santa Clara Pedestrian and Bicycle School Safety Project;
2. Approve the FY 2022/23 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $25,000 to recognize grant funding for the OTS grant and establish the new Santa Clara Pedestrian and Bicycle School Safety Project in the amount of $25,000 (five affirmative Council votes required to appropriate additional revenue) and;
3. Authorize the City Manager to make minor modifications to the Agreement and to extend the term, if needed.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Office of Traffic Safety Grant Agreement
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PS23008
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY 3. Grant Period
Santa Clara From:
To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Clara Public Works Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $25,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jonathan Yee
Traffic Manager
(408) 615-3021
1500 Warburton Avenue
Santa Clara, CA 95050
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Rajeev Batra
City Manager
(408) 615-2211
1500 Warburton Avenue
Santa Clara, CA 95050
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Kenn Lee
Finance Director
(408) 615-2344
1500 Warburton Avenue
Santa Clara, CA 95050
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $25,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$25,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $25,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
RK62GLSXRUK9
1500 Warburton Ave
Santa Clara
95050-3713
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PS23008
1. PROBLEM STATEMENT
The City of Santa Clara (population: 127,647) has over 20 public elementary and middle schools in the Santa Clara Unified School District serving 10,203 students. Most of the schools are located adjacent to collector or higher capacity roadways that requires added caution when students walk or bike to school.
Several schools have contacted the City to incorporate pedestrian and bicycle safety upgrades on nearby roadways. Overall, the City has had 89 bicycle collisions and 113 pedestrian collisions over a three-year period (2019 – 2021).
The City has an area identified as an Equity Priority Community (EPC) by the Metropolitan Transportation Commission with 29,591 residents or over 23% of the citywide population. This area is considered an underserved community. One school within the EPC has submitted a petition from over 100 people to encourage the City to make bicycle and pedestrian safety improvements near the school. The OTS Grant will be used to conduct bike rodeos with safety education and distribute safety equipment at elementary and middle schools in Santa Clara. The bike rodeos in conjunction with other planned City projects will be used to address safety concerns with a goal of enhancing safety at the City’s schools.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of pedestrians killed under age 15 in traffic crashes.
6. Reduce the number of pedestrians injured under age 15 in traffic crashes.
7. Reduce the number of pedestrians killed over age 65 in traffic crashes.
8. Reduce the number of pedestrians injured over age 65 in traffic crashes.
9. Reduce the number of bicyclists killed in traffic crashes.
10. Reduce the number of bicyclists injured in traffic crashes.
11. Reduce the number of bicyclists under age 15 killed in traffic crashes.
12. Reduce the number of bicyclists under age 15 injured in traffic crashes.
13. Increase bicycle helmet usage.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 3. Conduct pedestrian and/or bicycle safety presentations with an effort to reach youth.
3 4. Develop a pedestrian and/or bicycle safety program and materials to be adopted as an on-going program in schools with an effort to reach students. 1 5. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
1 6. Participate in Safe Routes to School coalition meetings. 4
7. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A pre- survey will be required to determine the base year helmet use rate and a post- 2 9/27/2022 2:10:20 PM Page 4 of 14
survey will be required to determine the operational rate. Upload completed survey to GEMS.
8. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 200
9. Purchase bicycle helmets. 200
10. Conduct bicycle rodeos with an effort to reach youth. 8
11. Execute subcontract(s) referenced in the budget. Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add detailed budget line items and/or units and unit rates for associated costs under contractual services. For any contract not yet executed, provide status and ETA.
1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter.
Media Requirements
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
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Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PS23008
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402PS-23 20.600 State and Community Highway
Safety
$25,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Bicycle Traffic Safety Education Program -
$25,000
402PS-23 $25,000.00 1 $25,000.00
Bike Rodeos 402PS-23 $0.00
Pedestrian/Bicycle Safety Items 402PS-23 $0.00
Bicycle Helmets 402PS-23 $0.00
Category Sub-Total $25,000.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $25,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PS23008
BUDGET NARRATIVE
PERSONNEL COSTS
-
TRAVEL EXPENSES
-
CONTRACTUAL SERVICES
Bicycle Traffic Safety Education Program - $25,000 - Grantee will seek a vendor to conduct bicycle traffic safety education activities including but not limited to presentations, bike rodeos (on-bike traffic safety education clinics), community bike rides, helmet fittings and community outreach.
Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant budget as a prerequisite for claiming these costs.
Bike Rodeos - Vendor to conduct on-bike traffic safety clinic to teach children the skills and precautions to ride a bicycle safely.
Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS.
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed a unit price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.
EQUIPMENT
-
OTHER DIRECT COSTS
-
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PS23008
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs 2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).
The Subgrantee-
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Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an
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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The signed certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
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Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1190 Agenda Date: 11/15/2022
REPORT TO COUNCIL
SUBJECT
Action on a Professional Services Agreement with Safe Moves, Inc. for the Safe Routes to School Project
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
Since 2011, the City has completed two phases of the Safe Routes to School program (SRTS Program), which encourages students to walk, bike, or scooter to and from school through various educational activities. The SRTS Program was facilitated through a collaborative effort with the Santa Clara Unified School District (SCUSD) that includes classroom education, after school skills training, encouragement activities and events, and the creation of maps. The program has been well received and aims to increase the number of students walking and biking to the participating schools. Together staff and the SCUSD have selected 17 schools to participate in Phase 3 of the SRTS Program.
Funding for the SRTS Program was previously received through a Vehicle Emissions Reductions Based at Schools (VERBS) grant; however, VERBS grant funds are no longer available. Staff confirmed with the Santa Clara Valley Transportation Authority (VTA) that funds received from the 2016 Measure B Bicycle & Pedestrian Education and Encouragement Program are eligible to use on the SRTS Program.
On June 9, 2020, the City Council approved and authorized the City Manager to execute an agreement with the VTA to receive funds from the 2016 Measure B Bicycle & Pedestrian Education and Encouragement Program (Agenda Item 3.E.). This program covers three main categories: 1) activities and the development and distribution of materials that are designed and intended to promote, educate, and/or encourage safe walking or bicycling for residents or visitors of all ages and abilities, 2) communication to residents and visitors about the benefits of walking and bicycling, and 3) communication to school children, residents, and visitors about the rights and responsibilities of pedestrians, bicyclists, and motorists.
DISCUSSION
Pursuant to the City Code, a formal Request for Proposals (RFP) was conducted as the solicitation method for this procurement, with the award recommendation based on “best value.” The City published an RFP for professional services for Phase 3 of the SRTS Program on July 15, 2022 using the City’s e-procurement platform. The City received one proposal from Safe Moves, Inc. (Safe Moves) which was thoroughly reviewed and evaluated by staff who determined that their proposal satisfied all the RFP requirements. The City elected to conduct a Best and Final Offer City of Santa Clara Printed on 11/8/2022Page 1 of 2
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22-1190 Agenda Date: 11/15/2022
(BAFO) to memorialize clarifications and provide a final opportunity for Safe Moves to revise their cost proposal.
Staff recommends awarding the agreement to Safe Moves for having submitted the sole responsive proposal. Safe Moves assisted the City with Phase 2 of the SRTS Program and also has extensive experience completing SRTS Program activities for other municipalities.
Under the agreement, Safe Moves will provide professional services to assist the City with the education, encouragement, and evaluation aspects of the SRTS Program. Compensation will be fixed for the initial three-year term of the agreement and will be paid on an hourly basis with not-to- exceed limits. In addition to the initial term, there is one one-year option to extend the term of the agreement for a total of four years, assuming the option is exercised.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
The proposed agreement is for a total not-to-exceed amount of $600,000. This amount includes $568,384.75 for basic services and a contingency of $31,615.25 for potential additional services needed throughout the three-year project. Funds for the agreement are available in the Safe Routes to School Project (CIP 1376) in the Streets and Highways Capital Fund.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager to execute a professional services Agreement with Safe Moves, Inc. for the Safe Routes to School Program for an initial three-year term with maximum compensation not-to-exceed $600,000;
2. Authorize the City Manager to make minor modifications to the Agreement and execute a one-year option to extend the agreement after the initial term, subject to the appropriation of funds.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Agreement with Safe Moves, Inc.
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Agreement with Safe Moves, Inc. Page 1 of 40
Rev. 07-01-18
EBIX Insurance No. S200003681
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SAFE MOVES, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Safe Moves, Inc., a California corporation, (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Consultant represents that it, and its subconsultants, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B1 – Schedule of Fees
Exhibit B2 – Fees by Task and Year
Exhibit C – Insurance Requirements
Exhibit D – Notice of Exercise of Option to Extend Agreement Agreement with Safe Moves, Inc. Page 2 of 40
Rev. 07-01-18
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on November 16, 2022 and terminate on November 30, 2025.
B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to one (1) additional one-year terms through November 30, 2026 (“Option Periods”), subject to the appropriation of funds. See Exhibit D for Notice of Exercise to Option to Extend Agreement Form.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Consultant expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
5. QUALIFICATIONS OF CONSULTANT - STANDARD OF CARE
Consultant represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant’s representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
Agreement with Safe Moves, Inc. Page 3 of 40
Rev. 07-01-18
6. COMPENSATION AND PAYMENT
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B1, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Six Hundred Thousand Dollars ($600,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense.
Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Consultant shall not hire subconsultants without express written permission from City.
Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
Agreement with Safe Moves, Inc. Page 4 of 40
Rev. 07-01-18
10. INDEPENDENT CONSULTANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent Consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant Agreement with Safe Moves, Inc. Page 5 of 40
Rev. 07-01-18
agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Consultant’s Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Consultant pursuant to this Agreement – including claims of any kind by Consultant’s employees or persons contracting with Consultant to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Consultant’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, Consultants, subconsultants or other agents of Consultant, against City (either alone, or jointly with Consultant), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Consultant is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Consultant warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Consultant’s responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement Agreement with Safe Moves, Inc. Page 6 of 40
Rev. 07-01-18
shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Department of Public Works, Carol Shariat
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows:
Pat Hines
Safe Moves
15500 Erwin Street #2457
Van Nuys, CA 91411
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Consultant’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Agreement with Safe Moves, Inc. Page 7 of 40
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
Agreement with Safe Moves, Inc. Page 8 of 40
Rev. 07-01-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
Office of the City Attorney
City of Santa Clara
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
SAFE MOVES, INC.
a California corporation
Dated:
By (Signature):
Name: Pat Hines
Title: Founder/Executive Director
Principal Place of
Business Address:
15500 Erwin Street, #2457
Van Nuys, CA 91411
Email Address: [email protected]
Telephone: (408) 374-8991
Fax: N/A
“CONSULTANT”
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 9 of 40 Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The following Scope of Services defines the services and responsibilities of Consultant and City to provide professional services to continue the implementation of the City’s Safe Routes to School program.
The Scope of Services, including Exhibit A and Consultant’s proposal and BAFO responses provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.
1. GENERAL
1.1. Consultant will provide professional services to implement the City’s Safe Routes to School (SRTS) program which encourages students to walk, bike, or scooter to and from school. Services will include education, encouragement, and evaluation aspects of the SRTS program.
1.2. Consultant will provide services to build upon the existing program and expand the program to include seventeen (17) Santa Clara Unified School District (School District) schools within Santa Clara. Services provided by Consultant will include developing SRTS maps, updating existing SRTS maps, outreach to schools, parents, Parent Teacher Associations (PTAs), neighbors, and students, and before and after surveys.
2. SCHOOLS
2.1. Phase 3 of the SRTS program will include the original 12 schools and five (5) additional schools: Pomeroy Elementary, Central Park Elementary, Milliken Elementary, Buchser Middle School, and Laurelwood Elementary. This third phase of the program will continue through Summer 2025.
School Phase 2 Phase 3 (This
Project)
Bowers Elementary X X
Bracher Elementary X X
Briarwood Elementary X X
Cabrillo Middle School X X
Callejon (K-8) X X
Haman Elementary X X
Hughes Elementary X X
Montague Elementary X X
Scott Lane
Elementary X X
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 10 of 40 Rev. 07-01-18
School Phase 2 Phase 3 (This
Project)
Sutter Elementary X X
Washington
Elementary X X
Westwood
Elementary X X
Pomeroy Elementary X
Central Park
Elementary X
Milliken Elementary X
Buchser Middle
School X
Laurelwood
Elementary X
2.2. There are several documents relevant that the City has completed. In addition, the Consultant shall review and be familiar with the following documents for successful completion of this project:
2.2.1. Pedestrian Master Plan - https://www.santaclaraca.gov/our- city/departments-g-z/public-works/engineering/traffic-
engineering/pedestrian-master-plan
2.2.2. Bicycle Master Plan - https://www.santaclaraca.gov/our- city/departments-g-z/public-works/engineering/traffic-
engineering/bicycle-master-plan-update-2018.
2.2.3. Safe Routes to School Phase 1 Final Report – City to provide to Consultant
2.2.4. Safe Routes to School Phase 2 Final Report – City to provide to Consultant
3. TASKS
3.1. The Consultant’s general scope of work includes the implementation of the City’s SRTS program; organize, facilitate, promote events and activities relating to the program and facilitate and document before and after surveys.
The program must include the training of teachers/PTA/volunteers to continue the program beyond this third phase of the project.
3.2. TASK 1: PROJECT INITIATION/MANAGEMENT
3.2.1. Task 1.1 Project Kick-off Meeting
3.2.1.1. Upon receipt of a written “Authorization to Procced” from the City, the City will hold a kick-off meeting with the Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 11 of 40 Rev. 07-01-18
Consultant team to review project scope, data requests, progress reports, deliverables, and timeline. City staff requires three (3) weeks for review and comment on
administrative draft deliverables.
3.2.1.2. Consultant will provide an agenda for the project kick-off meeting with action items for review, and upon approval, distribute the final agenda.
3.2.1.3. Consultant will produce a short, informative PowerPoint to outline the work plan and strategies to be used to
accomplish the project goals and objectives.
3.2.1.4. Consultant will provide a draft of the post-meeting notes, with action items, no later than seventy-two (72) hours after the meeting. A final draft will be provided within forty- eight (48) hours after receiving feedback from City project Manager.
3.2.2. Task 1.2 Staff Coordination with Consultant
Biweekly face-to-face or conference call project team meetings with Consultant will be held to ensure good communication on upcoming tasks and to make sure the project remains on time and within budget.
3.2.3. Task 1.3 Project Invoicing
3.2.3.1. Consultant will prepare monthly invoices broken down by tasks with project reports that will be a concise summary status of activities and deliverables.
3.2.3.2. Monthly project report will document the program highlights, program activities, schedules of upcoming
activities, certification forms documenting activities, meeting agendas and summary notes, photos/videos,
copies of all collateral materials and copies of print and electronic media.
3.2.3.3. Monthly progress reports and invoices will be sent by the Consultant to the City Project Manager.
3.2.4. Below are the deliverables for Task 1.
Task Deliverable
1.1 Meeting agenda and minutes
1.2 Biweekly meeting agenda, minutes, and action
items
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 12 of 40 Rev. 07-01-18
Task Deliverable
1.3 Monthly progress reports and invoices
3.3. TASK 2: OUTREACH
3.3.1. Task 2.1 Website, Voicemail, and Email
3.3.1.1. Website Production and Monitoring:
3.3.1.1.1. Consultant will produce and monitor website
and social media platform such as Facebook,
Twitter, Instagram, Pinterest, YouTube and
Vine.
3.3.1.1.2. The goals of the website and social media are to:
Generate content to develop an online
community with parents, teachers, school
administrators, and neighboring residents
and business
Generate participation of SRTS Pop-Up
events
Calendar listing of school events
Encourage active transportation options
Provide an online open forum for
conversation
Increase awareness of bicycle and
pedestrian safety
3.3.1.1.3. In coordination with the City Project Manager and Santa Clara Unified School District
Consultant will prepare an outline for relevant
and timely social media updates and schedule
of suggested social media posts.
3.3.1.1.4. Consultant will create social media platforms with unique names and hashtags for the
campaign (for example, @SantaClara SRTS,
#SantaClaraSRTS) and encourage followers to
use the hashtags when sharing campaign
messages.
3.3.1.1.5. Consultant will work with the City Project
Manager to develop an editorial calendar to be
posted on the City and School websites that will
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 13 of 40 Rev. 07-01-18
outline topics to be covered throughout the
project term.
3.3.1.1.6. Consultant will develop content for a quarterly electronic newsletter to be posted on school
and City websites.
3.3.1.2. Consultant will create a project phone number/hotline and email address for the public to leave comments regarding the project.
3.3.1.2.1. Consultant will monitor the phone line daily, and all calls will be answered within 48 hours. A
summary of calls and comments will be
included in the monthly reports.
3.3.1.2.2. Consultant will monitor emails and all emails will be answered within 48 hours.
3.3.2. Task 2.2 Event Advertisement
3.3.2.1. The Consultant will provide advertising material to promote events documented in Task 3 and 4 to students,
parents, school staff and other stakeholders. Advertising material can include items such as flyers (digital), posters, press release for SRTS kick-off event, text for both school and City websites and principal emails. All text on flyers, posters, and school websites related to all the
events/activities must be approved by School District
before distribution.
3.3.2.2. As described in Tasks 3 and 4, the Consultant will conduct a total of 237 events/workshops over the three (3) year program period. The Consultant will prepare 237 digital flyers (one flyer for each event) to be posted on the
Peachjar website/platform.
3.3.2.2.1. Press release/advertisement/text will need to be developed for all 237 events that will be posted
on both the City’s project website page and
each school’s webpage. Finally, a total of 1,422
posters (6 posters for each event) shall be
prepared to be displayed on each school
campus.
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 14 of 40 Rev. 07-01-18
3.3.3. Below are the deliverables for Task 2.
Task Deliverable
2.1 Project website, promotion materials
2.2 237 digital flyers
1,422 Posters
Press release/advertisement text all
237 events to be placed on all 17
school’s webpages and City’s website.
3.4. TASK 3: EDUCATION
3.4.1. Task 3.1 Safe Routes to School Maps
3.4.1.1. Consultant will conduct a walk audit within a half-mile of Washington Elementary which was included in Phase 2 of
the program, along with Laurelwood Elementary and
Milliken Elementary schools which are included in this
phase of the program, to determine the best walking and biking routes to the school. Based on the walk audit along with 5-year collision history and crime statistics, the Consultant shall develop a SRTS walking/biking map for
both elementary schools. The map must show locations
of stop sign and traffic signal controlled intersections, marked crosswalks, crossing guards, all existing signs
and marking, and other features that would concert study safety when walking/biking to school. An electronic copy of the map will be provided to the schools.
3.4.1.2. Consultant will identify infrastructure deficiencies such as sidewalks, crosswalk treatments, signing and striping
upgrades, signalization modification, and other physical improvements. An infrastructure deficiency inventory list and maps showing the location of the improvements for all three schools listed above, along with engineering cost estimates for the improvements shall be provided to the City.
3.4.1.3. Consultant will review all SRTS maps already produced for the other 14 schools. SRTS maps were produced for
Pomeroy Elementary, Central Park Elementary, and
Buchser Middle school as part of the Santa Clara
Pedestrian Master Plan. Consultant will update the maps to reflect existing conditions and to modify SRTS maps if safer biking/walking routes are found. Consultant will also take into consideration the most recent 5-year collision Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 15 of 40 Rev. 07-01-18
data and crime statistics while updating all the existing maps. An electronic copy of the updated maps will be
provided to each of the schools.
3.4.2. Task 3.2 Bicycle and Pedestrian Student Skills Training Rodeos
3.4.2.1. Consultant will teach students how to safely bike, walk, or scooter to school and follow traffic laws while doing so.
Consultant will conduct 51 bicycle and pedestrian student skills training (one rodeo each year at each of the 17
schools) over the three-year program. The rodeos must
be completed for each class and one grade at a time to
accommodate the learning abilities of all the different ages of students. The Consultant will be at one school all day for maximum efficiency to train all the students at each school. A total of 51 bicycle and pedestrian student skills training courses will occur over the course of the three- year program.
3.4.2.2. Consultant will create a rodeo toolkit that can be used for the bicycle and pedestrian student skills training courses described above. This toolkit can then be used at all of schools every year of the program.
3.4.3. Task 3.3 Parent/Teacher/Coordinator Training Workshops
3.4.3.1. Consultant will train parents, teachers, PTA members, coordinators, volunteers and/or other stakeholders how to continue the SRTS program beyond this phase of the
project through a workshop. Consultant will conduct 17 parent/teacher/coordinator training workshops (one
workshop at each of the 17 schools) over the three-year program.
3.4.3.1.1. The workshop will include the following
components:
The need, approach and benefits of bicycle
and pedestrian safety education
Responsibilities of the SRTS volunteer
(qualifications, screening, time commitment)
Teaching skills (Do’s and Don’ts)
Understanding children’s behaviors
Program Evaluation
Training techniques for bicycle and
pedestrian safety
How to fit and adjust bicycles helmets
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 16 of 40 Rev. 07-01-18
Bicycle Maintenance
Distribution of Handbook
3.4.3.2. A SRTS Toolkit that was developed in the last phase of the program will be used to train all those that maybe
involved in continuing the SRTS program. The Consultant will review the SRTS Toolkit and revise it based on their expertise. The revised Toolkit will be used at these
training workshops. Consultant will convert the SRTS
toolkit to an on-line learning platform.
3.4.3.3. In addition, to the basic tasks to sustaining the SRTS program participants will be taught:
3.4.3.3.1. How to use the Safe Routes Toolkit
3.4.3.3.2. Safe places to ride and walk
3.4.3.3.3. Unsafe places to ride and walk
3.4.3.3.4. Explanation of traffic signs and signals
3.4.3.3.5. Rights and responsibilities of bicyclists and pedestrians
3.4.3.3.6. Helmet use (proper fit and adjustment)
3.4.3.3.7. Recognition and avoidance of common bicycle
and pedestrian collisions
3.4.3.3.8. Explanation and demonstration of the role of crossing guards
3.4.3.3.9. Explanation/simulation of traffic environment (infrastructure)
3.4.3.3.10. Understanding of driver, bicyclist and
pedestrian behaviors
3.4.3.3.11. School transportation/traffic policies (pick-up and drop-off procedures)
3.4.3.3.12. Explanation of the school routes/neighborhood maps
3.4.3.3.13. Effects of bicycling and walking for a cleaner environment
3.4.3.3.14. Identification and avoidance of hot spots
(crime, bullies, hazards, corners & crosswalks,
truck traffic)
3.4.3.3.15. Explanation and promotion of Walking School Buses, Bicycle Trains, and scheduled
encouragement programs
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 17 of 40 Rev. 07-01-18
3.4.4. Below are the deliverables for Task 3.
Task Deliverable
3.1 Draft Safe Routes to School Maps (17)
Final Safe Routes to School Maps (17)
Draft Infrastructure Deficiency List, Map, and Cost
Estimates (3 schools)
Final Infrastructure Deficiency List, Map, and Cost
Estimates (3 schools)
3.2 Bicycle and Pedestrian Rodeos (51 events)
Summary of Conducted Rodeos, including pictures
(51 workshops)
Rodeo Toolkit (1)
3.3 Parent/teacher/coordinator training workshops (17
workshops)
Summary of Conducted Workshops, including
pictures (17 workshops)
Electronic copy of the revised Draft Safe Routes to
School Toolkit
Electronic copy of the revised Final Safe Routes to
School Toolkit
3.5. TASK 4: ENCOURAGEMENT
3.5.1. Task 4.1 Kick-off Event
Consultant will conduct one SRTS kick-off event which will be conducted at one of the new participating schools. Consultant will coordinate with the School District to decide which school will host the kick-off event. Attendees at the event can include the Mayor, Councilmembers, motorcycle or bicycle Police Officers, Sharkie or 49ers mascot, etc. A press release will be conducted related to the event as well.
3.5.2. Task 4.2 Pop-Up Events
Consultant will conduct 15 SRTS pop-up events (five events per year). The pop-up events are recommended to be booths at City community events such as the Art &Wine Festival, Earth Day, Health Fair, and Back-to-school night.
Walking and biking incentives can be given out at these events such as helmets, safety lights, and pedometers.
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 18 of 40 Rev. 07-01-18
3.5.3. Task 4.3 Encouragement Events
3.5.3.1. Consultant will conduct 153 total events (three events each year at each of the 17 schools) over the three-year program. The events will promote and encourage walking and bicycling to school and can include helmet decorating contests, “walk and roll” Fridays, helmet fitting events, walking school buses, and bicycle trains. The walking
school buses and bicycle trains will coincide with
October’s Walk to School Day and May’s Bike to School
Day, respectively. Consultant will set up a meeting
between the school principals, school district
representatives, and City representatives to plan all
events/activities.
3.5.3.2. The City received a California Office of Traffic Safety grant where a portion of the grant must be used to purchase
helmets. Consultant must purchase $5000 worth of
helmets to give away at any of the education or
encouragement events. In addition, Consultant will
purchase another $5,000 worth of any of the following
combined: bicycle lights, pedometers, rubber bracelets
that have a safety message written across them or other safety devices to encourage safe walking and bicycling
and can be handed out at all of the encouragement
events/activities.
3.5.4. Below are the deliverables for Task 4.
Task Deliverable
4.1 One (1) Kick-Off Event
Meeting agenda, minutes, and action items for kick-off
event (1 school)
Draft Press Release
Final Press Release
Summary of kick-off event, including pictures
4.2 Pop-up events (15 total events)
Summary of each pop-up event, including pictures (15 total events)
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 19 of 40 Rev. 07-01-18
Task Deliverable
4.3 Encouragement events (153 total events)
Meeting agenda, minutes, and action items for each event (153 total activities/events)
Summary of each encouragement event/activity, including pictures (153 total activities/events)
$10,000 worth of bicycle helmets, lights, or other safety devices.
3.6. TASK 5: PROGRAM EVALUATION
3.6.1. Task 5.1 Surveys
3.6.1.1. Consultant will create, distribute, analyze, and tabulate parent surveys and in-class student hand tallies yearly at each of the schools using standard Federal SRTS forms
to evaluate changes in behavior associated with the
program and to establish a baseline and ongoing data.
Consultant will distribute one hand tally per classroom for each round of surveying and work with the teachers so
that they understand how to administer the survey. Parent surveys will be provided in English, Spanish, and Chinese as these are the three most spoken languages within
Santa Clara. An online survey must also be created and placed on the project’s webpage. Consultant will conduct one parent survey and student tally at the beginning of the school year and at the end of the school year for all three years of the program, a total of six (6) surveys/tallies.
3.6.1.2. Consultant will need to do a tally of students using helmets at the start of the project, in the first year of the program, and then again in September of 2023. Each
tally will be done at all 17 schools in the program.
Consultant will provide a short summary report of the
results of both tallies to the City.
3.6.2. Task 5.2 Annual Reports and Evaluation Report
3.6.2.1. Consultant will produce an annual report to summarize the program activities including number of events held,
number of participants, and results of the parent surveys and student tallies for each of the schools.
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 20 of 40 Rev. 07-01-18
3.6.2.1.1. The annual report will include the following:
Program Highlights / Success Stories
Summary of Key Policies and Documents
Outline of Goals and Objectives
Milestones
School Databases
Summary of Program Activities
Certification Forms documenting activities
Milestones
Summary of helmet and safety equipment
distribution
Copies of Meeting Agendas and Summary
Notes
Photos/Videos of Educational and
Encouragement Programs
Program Pre and Post Surveys (parent,
student & helmet)
Copies of all Collateral Material and
Promotional Material
Letters of Support/Appreciation
Results of Contests
Copies of Print and Electronic Media
Challenges - Barriers and how they were
overcome
Next Steps/Strategies for Stakeholders
Directory of all Resource materials
Recommendations for future programming /
sustainability
3.6.2.2. At the end of the project, the Consultant will produce a final program evaluation report for all three program years which should include recommendations, so the program
continues and remains sustainable in the future.
3.6.2.2.1. The final report will be submitted in the
following formats:
Final PDF
Original Word
Five (5) bound copies
One (1) unbound hard copy
3.6.3. Below are the deliverables for Task 5.
Agreement with Safe Moves, Inc./Exhibit A-Scope of Services Page 21 of 40 Rev. 07-01-18
Task Deliverable
5.1 Draft Parent survey and student tally form (17 schools) Final Parent survey and student tally form (17 schools) Parent surveys and student tallies (6 total surveys/tallies at all 17 schools)
Parent survey in English, Spanish, and Chinese
Students using helmet tally (2 total tallies at all 17 schools) Summary report of two helmet tallies
5.2 Three (3) annual reports (17 schools)
One (1) program evaluation report
Agreement with Safe Moves, Inc./Exhibit B1-Schedule of Fees Page 22 of 40 Rev. 07-01-18
EXHIBIT B1
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Six Hundred Thousand Dollars ($600,000), during the initial term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.
1.2. All payments are based upon City’s acceptance of Consultant’s performance of services specified in Exhibit A, Scope of Services. City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.
1.3. The compensation amount is specified below:
Table B1: Total Compensation
Description Total
Total for All Tasks for Three Program Years (See B2 for Task Cost Breakdown by Year) $568,384.75
Contingency $31,615.25
TOTAL MAXIMUM COMPENSATION NOT-TO-EXCEED $600,000.00
2. FEES
2.1. The hourly rates for Consultant’s Personnel are listed below in Table B2:
Table B2: Hourly Rates
Title Personnel Hourly Rate
Program Manager (Safe
Moves) Pat Hines $127.02
Program Coordinator
(Safe Moves) Pamela Nye Pedersen $46.22
Instructor
(Safe Moves) Quinn Danz $36.98
Instructor
(Safe Moves) Will Mellon $36.98
Instructor
(Safe Moves) Marni Spencer-Delvin $36.98
Graphic and Social Media
Coordinator
(Safe Moves)
Eve Mazzara $46.22
Agreement with Safe Moves, Inc./Exhibit B1-Schedule of Fees Page 23 of 40 Rev. 07-01-18
Title Personnel Hourly Rate
Program Manager (KOA) Carlos Velasquez $164.99
Associate Planner
(KOA) Alberto Salgado $115.00
Associate Planner
(KOA) Sarai Osorio $51.76
2.2. The City will pay the Consultant for each task based on the task breakdown with rates as specified in Exhibit B2.
3. PRICING
3.1. Pricing is fixed for the Initial Three-Year Term of the Agreement.
3.2. Price Adjustments: Contractor may request adjustments to rates prior to the one-year option to renew the Agreement after the Initial Term. Price increase requests must be tied to CPI, PPI, or relevant industry specific index. Requests for increase must be fully documented by Contractor. Price adjustments are subject to City’s approval.
4. INVOICING REQUIREMENTS
4.1. Consultant shall invoice the City on a monthly basis for services performed by Consultant during the preceding month and provide the invoice in a format approved by the City, including, but not limited to supporting documentation, and is subject to verification and approval by the City.
4.2. City shall pay Consultant within thirty (30) days of City’s receipt of an approved invoice.
4.3. Invoices shall include, at a minimum, the following:
3.6.4. Date work was provided;
3.6.5. Identify the task services were provided for;
3.6.6. Description of work performed:
3.6.7. Deliverables completed;
3.6.8. The percentage complete of task;
3.6.9. Time and materials;
3.6.10. Hours for work performed;
3.6.11. Hourly price/unit price;
3.6.12. Extended price; and
3.6.13. Total amount of invoice.
Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 24 of 40 Rev. 07-01-18
EXHIBIT B2
FEES BY TASK AND YEAR
1. The City will pay Consultant for Year 1 based on the task and fee breakdown below:
Task # Task Hours Hourly
Rate Total
1 Project Initiation
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items
- Pat Hines, Program Manager (Safe Moves) 20 $127.02 $2,540.40 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 10 $46.22 $462.20
1.2 Staff Coordination with Consultant - Biweekly Meetings
- Pat Hines, Program Manager (Safe Moves) 80 $127.02 $10,161.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50 $46.22 $2,311.00
1.3 Project Invoicing - Monthly Progress Reports with Invoicing
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50 $46.22 $2,311.00
Total for Task 1
240 $21,596.80
2 Outreach
2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 70 $46.22 $3,235.40
Establish and monitor phone lines/voicemails/emails
- Pat Hines, Program Manager (Safe Moves) 20 $127.02 $2,540.40 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
2.2 Event Advertisement
Advertising/promotional materials
- Pat Hines, Program Manager (Safe Moves) 40 $127.02 $5,080.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 50 $46.22 $2,311.00
85 event/workshops announcements posted & 508 posters printed/displayed - Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60
I I I I
Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 25 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 50 $46.22 $2,311.00
Total for Task 2
450 $30,495.00
3 Education
3.1 Safe Routes to School Maps
Walk Audits (3 Schools)
- Pat Hines, Program Manager (Safe Moves) 25 $127.02 $3,175.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 15 $46.22 $693.30
- Quinn Danz, Instructor (Safe Moves) 25 $36.98 $924.50 - Will Mellon, Instructor (Safe Moves) 25 $36.98 $924.50 - Marni Spencer-Devlin, Instructor (Safe Moves) 25 $36.98 $924.50 - Carlos Velasquez, Program Manager (KOA) 25 $164.99 $4,124.75 - Alberto Salgado, Associate Planner (KOA) 40 $54.19 $2,167.60 - Sarai Osorio, Associate Planner (KOA) 40 $51.76 $2,070.40 Infrastructure Deficiency Inventory List, Map & Costs
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Carlos Velasquez, Program Manager (KOA) 15 $164.99 $2,474.85 - Alberto Salgado, Associate Planner (KOA) 35 $54.19 $1,896.65 - Sarai Osorio, Associate Planner (KOA) 35 $51.76 $1,811.60 Review/Revise School Maps (14 schools)
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
- Quinn Danz, Instructor (Safe Moves) 10 $36.98 $369.80 - Will Mellon, Instructor (Safe Moves) 15 $36.98 $554.70 - Marni Spencer-Devlin, Instructor (Safe Moves) 15 $36.98 $554.70 - Carlos Velasquez, Program Manager (KOA) 15 $164.99 $2,474.85 - Alberto Salgado, Associate Planner (KOA) 35 $54.19 $1,896.65 - Sarai Osorio, Associate Planner (KOA) 35 $51.76 $1,811.60
3.2 Bicycle and Pedestrian Student Skills Training Rodeos
Bike, Scooter & Pedestrian Skill Trainings & Summary
- Pat Hines, Program Manager (Safe Moves) 50 $127.02 $6,351.00 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30 $46.22 $1,386.60
- Quinn Danz, Instructor (Safe Moves) 125 $36.98 $4,622.50 - Will Mellon, Instructor (Safe Moves) 125 $36.98 $4,622.50 Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 26 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
Rodeo Toolkit (See pricing under Printing Year 1 Category and SRTS Toolkit under Task 3.3)
3.3 Parent/Teacher/Coordinator Training Workshops
Workshops
- Pat Hines, Program Manager (Safe Moves) 75 $127.02 $9,526.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
SRTS Toolkit (1)
- Pat Hines, Program Manager (Safe Moves) 55 $127.02 $6,986.10 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30 $46.22 $1,386.60
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 80 $46.22 $3,697.60
Workshop Content
- Pat Hines, Program Manager (Safe Moves) 40 $127.02 $5,080.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 25 $46.22 $1,155.50
Total for Task 3 1215 $ 85,447.15
4 Encouragement
4.1 Kick-off Event (1)
- Pat Hines, Program Manager (Safe Moves) 25 $127.02 $3,175.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
- Quinn Danz, Instructor (Safe Moves) 10 $36.98 $369.80 - Will Mellon, Instructor (Safe Moves) 10 $36.98 $369.80 - Marni Spencer-Devlin, Instructor (Safe Moves) 10 $36.98 $369.80 - Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 35 $46.22 $1,617.70
4.2 Pop-Up Events (2)
- Pat Hines, Program Manager (Safe Moves) 50 $127.02 $6,351.00 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
- Quinn Danz, Instructor (Safe Moves) 50 $36.98 $1,849.00 - Will Mellon, Instructor (Safe Moves) 50 $36.98 $1,849.00 - Marni Spencer-Devlin, Instructor (Safe Moves) 50 $36.98 $1,849.00
4.3 Encouragement Events
Walking, scooter riding and bicycle riding encouragement events (51) Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 27 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
- Pat Hines, Program Manager (Safe Moves) 90 $127.02 $11,431.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 60 $46.22 $2,773.20
- Quinn Danz, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Will Mellon, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Marni Spencer-Devlin, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 60 $46.22 $2,773.20
OTS funded helmets and safety equipment
- Pat Hines, Program Manager (Safe Moves) 25 $127.02 $3,175.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50 $46.22 $2,311.00
- Quinn Danz, Instructor (Safe Moves) 20 $36.98 $739.60 - Will Mellon, Instructor (Safe Moves) 20 $36.98 $739.60 Total for Task 4 965 $55,149.50
5 Program Evaluation
5.1 Surveys
Pre and Post Parent Surveys and Student Tallies
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Quinn Danz, Instructor (Safe Moves) 20 $36.98 $739.60 - Will Mellon, Instructor (Safe Moves) 20 $36.98 $739.60 - Marni Spencer-Devlin, Instructor (Safe Moves) 20 $36.98 $739.60 - Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 25 $46.22 $1,155.50
OTS Pre and Post Helmet Surveys (17 Schools)
- Pat Hines, Program Manager (Safe Moves) 40 $127.02 $5,080.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Quinn Danz, Instructor (Safe Moves) 50 $36.98 $1,849.00 - Will Mellon, Instructor (Safe Moves) 50 $36.98 $1,849.00 - Marni Spencer-Devlin, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 30 $46.22 $1,386.60
5.2 (1) Annual Report (17 Schools)
- Pat Hines, Program Manager (Safe Moves) 25 $127.02 $3,175.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 20 $46.22 $924.40
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 30 $46.22 $1,386.60
Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 28 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
Total for Task 5 540 $30,232.40
TOTAL FOR ALL TASKS $222,920.85
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $1,500.00 SRTS Toolkit (Guide) $2,500.00
508 Posters $1,200.00
Safety Tips for Students & Parents $2,500.00
51 Encouragement Event Flyers $2,300.00
TOTAL FOR PRINTING $10,000.00
EQUIPMENT (PURCHASED FIRST YEAR FOR ALL 3 YEARS)
714 OTS Funded Helmets @ $7.00 per helmet (includes tax & handling) $5,000.00 2,500 Pedometers @ $1.00 per pedometer (includes tax & handling) $2,500.00 300 Front/Rear Bike Lights @ $8.30 per light (includes tax & handling) $2,490.00 TOTAL FOR EQUIPMENT $9,990.00
YEAR 1 TOTAL $242,910.85
2. The City will pay Consultant for Year 2 based on the task and fee breakdown below:
Task # Task Hours Hourly
Rate Total
1 Project Initiation
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items
- Pat Hines, Program Manager (Safe Moves) 20 $127.02 $2,540.40 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 10 $46.22 $462.20
1.2 Staff Coordination with Consultant - Biweekly Meetings
- Pat Hines, Program Manager (Safe Moves) 80 $127.02 $10,161.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50 $46.22 $2,311.00
1.3 Project Invoicing - Monthly Progress Reports with Invoicing
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50 $46.22 $2,311.00
Total for Task 1
240 $21,596.80
2 Outreach
2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60
I I I I
Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 29 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 40 $46.22 $1,848.80
Establish and monitor phone lines/voicemails/emails
- Pat Hines, Program Manager (Safe Moves) 20 $127.02 $2,540.40 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
2.2 Event Advertisement
Advertising/promotional materials
- Pat Hines, Program Manager (Safe Moves) 40 $127.02 $5,080.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 30 $46.22 $1,386.60
85 event/workshops announcements posted & 508 posters printed/displayed - Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 30 $46.22 $1,386.60
Total for Task 2
380 $27,259.60
3 Education
3.1 Safe Routes to School Maps
Walk Audits (3 Schools)
- Pat Hines, Program Manager (Safe Moves) 25 $127.02 $3,175.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 15 $46.22 $693.30
- Quinn Danz, Instructor (Safe Moves) 25 $36.98 $924.50 - Will Mellon, Instructor (Safe Moves) 25 $36.98 $924.50 Infrastructure Deficiency Inventory List, Map & Costs
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 Review/Revise School Maps (14 schools)
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
3.2 Bicycle and Pedestrian Student Skills Training Rodeos Bike, Scooter & Pedestrian Skill Trainings & Summary
- Pat Hines, Program Manager (Safe Moves) 50 $127.02 $6,351.00 Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 30 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30 $46.22 $1,386.60
- Quinn Danz, Instructor (Safe Moves) 125 $36.98 $4,622.50 - Will Mellon, Instructor (Safe Moves) 125 $36.98 $4,622.50 Rodeo Toolkit (Developed in Year 1)
3.3 Parent/Teacher/Coordinator Training Workshops
Workshops
- Pat Hines, Program Manager (Safe Moves) 75 $127.02 $9,526.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
SRTS Toolkit (1) (Developed in Year 1)
Workshop Content
- Pat Hines, Program Manager (Safe Moves) 40 $127.02 $5,080.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 25 $46.22 $1,155.50
Total for Task 3 710 $50,244.20
4 Encouragement
4.1 Kick-off Event (1) NONE
4.2 Pop-Up Events (5)
- Pat Hines, Program Manager (Safe Moves) 50 $127.02 $6,351.00 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
- Quinn Danz, Instructor (Safe Moves) 50 $36.98 $1,849.00 - Will Mellon, Instructor (Safe Moves) 50 $36.98 $1,849.00 - Marni Spencer-Devlin, Instructor (Safe Moves) 50 $36.98 $1,849.00
4.3 Encouragement Events
Walking, scooter riding and bicycle riding encouragement events (51) - Pat Hines, Program Manager (Safe Moves) 90 $127.02 $11,431.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 60 $46.22 $2,773.20
- Quinn Danz, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Will Mellon, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Marni Spencer-Devlin, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 40 $46.22 $1,848.80
OTS funded helmets and safety equipment (Purchased in year 1) Total for Task 4 715 $40,201.30
Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 31 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
5 Program Evaluation
5.1 Surveys
Pre and Post Parent Surveys and Student Tallies
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Quinn Danz, Instructor (Safe Moves) 20 $36.98 $739.60 - Will Mellon, Instructor (Safe Moves) 20 $36.98 $739.60 - Marni Spencer-Devlin, Instructor (Safe Moves) 20 $36.98 $739.60 - Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 25 $46.22 $1,155.50
OTS Pre and Post Helmet Surveys (17 Schools) N/A
5.2 (1) Annual Report (17 Schools)
- Pat Hines, Program Manager (Safe Moves) 25 $127.02 $3,175.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 20 $46.22 $924.40
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 30 $46.22 $1,386.60
Total for Task 5 230 $14,520.20
TOTAL FOR ALL TASKS $153,822.10
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $1,500.00 508 Posters $1,200.00
Safety Tips for Students & Parents $2,500.00
51 Encouragement Event Flyers $2,300.00
TOTAL FOR PRINTING $7,500.00
YEAR 2 TOTAL $161,322.10
3. The City will pay Consultant for Year 3 based on the task and fee breakdown below:
Task # Task Hours Hourly
Rate Total
1 Project Initiation
1.1 Project Kick-Off Meeting - Meeting Agenda, Minutes, Action Items
- Pat Hines, Program Manager (Safe Moves) 20 $127.02 $2,540.40 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 10 $46.22 $462.20
1.2 Staff Coordination with Consultant - Biweekly Meetings - Pat Hines, Program Manager (Safe Moves) 80 $127.02 $10,161.60
I I I I
Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 32 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
- Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50 $46.22 $2,311.00
1.3 Project Invoicing - Monthly Progress Reports with Invoicing
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 50 $46.22 $2,311.00
Total for Task 1 240 $21,596.80
2 Outreach
2.1 Website, Voicemail, and Email
Produce and monitor website
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 40 $46.22 $1,848.80
Establish and monitor phone lines/voicemails/emails
- Pat Hines, Program Manager (Safe Moves) 20 $127.02 $2,540.40 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
2.2 Event Advertisement
Advertising/promotional materials
- Pat Hines, Program Manager (Safe Moves) 40 $127.02 $5,080.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 30 $46.22 $1,386.60
85 event/workshops announcements posted & 508 posters printed/displayed - Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 30 $46.22 $1,386.60
Total for Task 2
380 $27,259.60
3 Education
3.1 Safe Routes to School Maps
Walk Audits (3 Schools)
- Pat Hines, Program Manager (Safe Moves) 25 $127.02 $3,175.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 15 $46.22 $693.30
- Quinn Danz, Instructor (Safe Moves) 25 $36.98 $924.50 Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 33 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
- Will Mellon, Instructor (Safe Moves) 25 $36.98 $924.50 Infrastructure Deficiency Inventory List, Map & Costs
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 Review/Revise School Maps (14 schools)
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
3.2 Bicycle and Pedestrian Student Skills Training Rodeos
Bike, Scooter & Pedestrian Skill Trainings & Summary
- Pat Hines, Program Manager (Safe Moves) 50 $127.02 $6,351.00 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30 $46.22 $1,386.60
- Quinn Danz, Instructor (Safe Moves) 125 $36.98 $4,622.50 - Will Mellon, Instructor (Safe Moves) 125 $36.98 $4,622.50 Rodeo Toolkit (Developed in Year 1)
3.3 Parent/Teacher/Coordinator Training Workshops
Workshops
- Pat Hines, Program Manager (Safe Moves) 75 $127.02 $9,526.50 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
SRTS Toolkit (1) (Developed in Year 1)
Workshop Content
- Pat Hines, Program Manager (Safe Moves) 40 $127.02 $5,080.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 25 $46.22 $1,155.50
Total for Task 3 710 $50,244.20
4 Encouragement
4.1 Kick-off Event (1) NONE
4.2 Pop-Up Events (5)
- Pat Hines, Program Manager (Safe Moves) 50 $127.02 $6,351.00 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 25 $46.22 $1,155.50
- Quinn Danz, Instructor (Safe Moves) 50 $36.98 $1,849.00 - Will Mellon, Instructor (Safe Moves) 50 $36.98 $1,849.00 - Marni Spencer-Devlin, Instructor (Safe Moves) 50 $36.98 $1,849.00
4.3 Encouragement Events
Walking, scooter riding and bicycle riding encouragement events (51) Agreement with Safe Moves, Inc./Exhibit B2-Fees by Task and Year Page 34 of 40 Rev. 07-01-18
Task # Task Hours Hourly
Rate Total
- Pat Hines, Program Manager (Safe Moves) 90 $127.02 $11,431.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 60 $46.22 $2,773.20
- Quinn Danz, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Will Mellon, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Marni Spencer-Devlin, Instructor (Safe Moves) 100 $36.98 $3,698.00 - Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 40 $46.22 $1,848.80
OTS funded helmets and safety equipment (Purchased in Year 1) Total for Task 4 715 $40,201.30
5 Program Evaluation
5.1 Surveys
Pre and Post Parent Surveys and Student Tallies
- Pat Hines, Program Manager (Safe Moves) 30 $127.02 $3,810.60 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 40 $46.22 $1,848.80
- Quinn Danz, Instructor (Safe Moves) 20 $36.98 $739.60 - Will Mellon, Instructor (Safe Moves) 20 $36.98 $739.60 - Marni Spencer-Devlin, Instructor (Safe Moves) 20 $36.98 $739.60 - Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 25 $46.22 $1,155.50
OTS Pre and Post Helmet Surveys (17 Schools) N/A
5.2 (1) Annual Report (17 Schools) & Program Evaluation Report (17 Schools)
- Pat Hines, Program Manager (Safe Moves) 40 $127.02 $5,080.80 - Pamela Nye Pedersen, Program Coordinator (Safe
Moves) 30 $46.22 $1,386.60
- Eve Mazzara, Graphic and Social Media Coordinator
(Safe Moves) 40 $46.22 $1,848.80
Total for Task 5 265 $17,349.90
TOTAL FOR ALL TASKS $156,651.80
Printing
Rodeo Flyer & Permission Form for 17 Rodeos $1,500.00 508 Posters $1,200.00
Safety Tips for Students & Parents $2,500.00
51 Encouragement Event Flyers $2,300.00
TOTAL FOR PRINTING $7,500.00
YEAR 3 TOTAL $164,151.80
Agreement with Safe Moves, Inc./Exhibit C-Insurance Requirements Page 35 of 40 Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
Agreement with Safe Moves, Inc./Exhibit C-Insurance Requirements Page 36 of 40 Rev. 07-01-18
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, Agreement with Safe Moves, Inc./Exhibit C-Insurance Requirements Page 37 of 40 Rev. 07-01-18
or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance Agreement with Safe Moves, Inc./Exhibit C-Insurance Requirements Page 38 of 40 Rev. 07-01-18
documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
[email protected]
Or mailed to:
EBIX Inc.
City of Santa Clara Department of Public Works
P.O. Box 100085 – S2
Duluth, GA 30096
Agreement with Safe Moves, Inc./Exhibit C-Insurance Requirements Page 39 of 40 Rev. 07-01-18
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Safe Moves, Inc./Exhibit D - Notice of Exercise of Option Page 40 of 40
EXHIBIT D
NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE:
CONTRACTOR:
DATE:
Pursuant to Section __ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:
OPTION NO. # of #
NEW OPTION TERM
Begin date:
End date:
CHANGES IN RATE OF COMPENSATION
Percentage change in CPI upon which adjustment is based:
Pursuant to Section ___ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)
MAXIMUM COMPENSATION for New Option Term:
For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed the amount set forth above for Contractor’s services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.
Approved as to Form:
Dated:
Office of the City Attorney
City of Santa Clara
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
□
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1214 Agenda Date: 11/15/2022
REPORT TO COUNCIL
SUBJECT
Action on Historic Preservation Agreement (Mills Act Contract) for 957 Lewis Street
COUNCIL PILLAR
Promote and Enhance Economic Housing and Transportation Development
BACKGROUND
Property owners Brian and Christine Allen applied for approval of a Preservation Agreement (Mills Act Contract) for the property located at 957 Lewis Street. The subject property is a 0.15-acre lot located on the northeast corner of Lewis Street and Washington Street. The existing residence is a single- story Vernacular architectural style constructed circa 1895. There is a detached garage/shed located to the rear of the residence that is not historically significant as it was constructed more than 50 years after the construction of the residence.
A requirement of the Mills Act is that the building must be a qualified structure, listed on either a local, State, or National register. The property is currently listed on the City’s Historic Resource Inventory (HRI) based on the age and the architectural integrity of the residential structure. The property owner has submitted the requisite application, including a Historic Survey (DPR 523A Form) of the property, Statement of Justification for the request, and a 10-Year Restoration and Maintenance Plan for evaluation of the proposed workplan to restore, rehabilitate and maintain the property. The Mills Act Contract with 10-Year Restoration and Maintenance Plan and supporting documents were made part of the Historical and Landmarks Commission staff report, included here as Attachments 1 and 2 respectively, and reviewed at the September 1, 2022 Historical and Landmarks Commission meeting.
Following review of the application, staff report and public testimony, the Historical and Landmarks Commission recommended that Council approve the Mills Act Contract and adopt the Ten-Year Restoration and Maintenance Plan for 957 Lewis Street. An excerpt of the draft Minutes of the September 1, 2022 Historical and Landmarks Commission meeting is provided as Attachment 3.
DISCUSSION
The purpose of the Mills Act Contract is to offer owner(s) of historically significant properties an economic incentive to maintain and preserve the historical physical integrity of their properties, which thereby also increases the aesthetic and economic health of the surrounding neighborhood and the City. A Ten-Year Restoration and Maintenance Plan is required to document specific maintenance and preservation activities proposed to be undertaken by the property owners for the Contract property.
The Council established a process for evaluating Mills Act Contract requests on September 4, 1993 (Resolution No. 5843), that set a limit of five contracts per year. In 2004, the City Council increased City of Santa Clara Printed on 11/10/2022Page 1 of 3
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22-1214 Agenda Date: 11/15/2022
the number of allowable contracts to 10 per year. If approved, the subject property would be the fifth for 2022 and within the City’s allowed number of ten contracts for 2022.
The property owner’s Statement of Justification along with the 10-Year Restoration and Maintenance Plan demonstrate the property owner’s intent to invest in the subject property consistent with the purpose of Mills Act Contracts.
ENVIRONMENTAL REVIEW
The Mills Act program is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15331 of the CEQA Guidelines (Class 31 - Historical Resource Restoration / Rehabilitation).
Class 31 consists of projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (“SOI Standards”). The Project will result in the restoration and rehabilitation of the 1903 structure consistent with the SOI Standards.
FISCAL IMPACT
The amount of the property tax reduction depends upon the property, location, size, and comparable properties in the area. Currently, the assessed value of the property is approximately $1,045,394 (6/30/2022 information) and the annual property tax is approximately $12,394 (2021/22 value) (Source: Santa Clara County Assessor’s Office). The City receives approximately ten percent (10%) of the base property tax. The Mills Act tax reduction is based on an income capitalization method (ICM) calculation based on the average monthly rent, average maintenance costs, and an amortization schedule to arrive at a reduced appraisal value resulting in lower property taxes. The anticipated tax reduction would be 20 percent to 70 percent based on the County’s evaluation of the property’s age, condition, and local market value factors in accordance with the formula set by state law. Based on the latest information available, the estimated annual fiscal impact to the City for this individual Mills Act contract would be a decrease of property tax revenue in the range of $248 to $868. The actual future fiscal impact may be greater due to the reassessment of property value by the County upon transfer of ownership.
As the current Council policy allows up to ten Mills Act Contracts to be approved each year, the cumulative economic impact for multiple Mills Act contract does not significantly reduce the overall property tax income for the City. The Mills Act contract is the fifth such request in 2022.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
City of Santa Clara Printed on 11/10/2022Page 2 of 3
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22-1214 Agenda Date: 11/15/2022
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the City Manager to execute a Mills Act Contract and adopt the 10-Year Restoration and Maintenance Plan associated with the property at 957 Lewis Street.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Mills Act Contract and 10-Year Restoration and Maintenance Plan
2. Staff Report from Historical and Landmarks Commission meeting of September 1, 2022
3. Draft Excerpt Historical and Landmarks Commission meeting minutes of September 1, 2022 City of Santa Clara Printed on 11/10/2022Page 3 of 3
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RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE[
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement"), is made and entered into this _ day of _____ , 2022, ("Effective Date"), by and between Brian and Cluistine Allen, owners of certain real property located at 957 Lewis Street, Santa Clara, CA 95050 ("OWNERS") and the City of Santa Clara, California, a chartered California municipal corporation with its p1imary business address at 1500 Warburton Avenue, Santa Clara, California 95050(''CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
( 1) California Government Code Section 50280, et seq. authorizes the CITY to enter into a contract with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance.
(2) OWNERS possesses fee title in and to that certain real prope1ty, together with associated stmctures and improvements thereon, shown on the 2021 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 269-05-065, and generally located at the street address 957 Lewis Street, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Pro petty is attached hereto as "Legal Description, 11 marked as "Exhibit II A," and incorporated herein by reference.
(3) The Historic Property is on the City of Santa Clara Architecturally or Historically Significant Prope1ties list. OWNERS submitted a Mills Act Proposal to City on June 30, 2022. The Proposal included a Primary Record from the State of California's Department of Parks and Recreation. A trne and cmTect copy of the Proposal is attached to this Agreement as "Exhibit B". (4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Prope1ty and to qualify the Historic Prope1ty for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
Historic Property Presetvation Agreement/957 Lewis Street Typed: 05/14/20 I 9
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B. Agreement.
NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
(1) Effective Date and Term of Agreement. The term of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a tenn of ten (10) years thereafter. Each year upon the anniversary of the effective date, such te1m will automatically be extended as provided in paragraph 2, below.
(2) Renewal.
(a) Each year on the anniversary of the effective date of this Agreement, ("renewal date"), one ( 1) year shall automatically be added to the te1m of this Agreement unless notice of nonrenewal is mailed as provided herein.
(b) If either the OWNERS or CITY desires in any year not to renew the Agreement, OWNERS or CITY shall serve written notice of nonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty (60) days prior to the annual renewal date, one ( 1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.
( c) OWNERS may make a written protest of a nonrenewal notice issued by CITY. CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable. (3) Standards for Historical Property. Dming the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions:
(a) OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Prope1ty. "The Secretary of the Interior's Standards for Rehabilitation," marked as "Exhibit C" to this agreement, and incorporated herein by this reference, contains a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such prope1ty throughout the term of this Agreement. (b) OWNERS shall, when necessaiy or as determined by the Director of Planning and Inspection, restore and rehabilitate the prope1ty to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation and the California Historical Building Code and in accordance with the attached schedule of potential home improvements, drafted by· the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Restoration Efforts," marked as "Exhibit D" to this agreement, and incorporated herein by this reference.
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and eve1y five (5) years thereafter, an inspection of the property's interior and exterior shall be conducted by a party appointed by CITY, to determine OWNERS' continued compliance with the tenns of this Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
Agreement. OWNERS acknowledge that the required inspections of the interior and exterior of the property were conducted prior to the effective date of this Agreement. ( 4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to dete1mine compliance with the terms and provisions of this Agreement. (b) It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessary to determine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, permits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council. (5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in court to enforce this Agreement if it determines any one of the following:
(i) the OWNERS breached any of the terms or conditions of this Agreement; or
(ii) the OWNERS have allowed the prope1iy to deteriorate to the point that it no longer meets standards for a qualified historic prope1iy. (b) CITY may also cancel this Agreement if it dete1mines that:
(i) the OWNERS have allowed the prope1iy to deteriorate to the point that it no longer meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Unifo1m Housing Code, the California Historical Building Code, the California Fire Code, and the Unifmm Code for the Abatement of Dangerous Buildings or; (ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.
(iii) the OWNERS have failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. ( c) In the event of cancellation, OWNERS shall pay those cancellation fees set forth in California Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement. ( 6) No Waiver of Breach.
(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(7) Mediation.
(a) Any controversies between OWNERS and CITY regarding the constrnction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party. (b) If a dispute arises under this contract, either party may demand mediation by filing a written demand with the other party.
( c) The parties may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either patty refuse or neglect to join in the appointment of the mediator(s) or to furnish the mediator(s) with any papers or information demanded, the mediator(s) may proceed ex parte. ( d) A hearing on the matter to be arbitrated shall take place before the mediator( s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator(s). The mediator(s) shall select the time and place promptly and shall give party written notice of the time and place at least fifteen ( 15) days before the date selected. At the heating, any relevant evidence may be presented by either party, and the formal rnles of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator( s ). The mediator( s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
( e) The submission of a dispute to the mediator( s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confinning the award may be given by any Superior Court having jurisdiction, or that Court may vacate, modify, or conect the award in accordance with the prevailing provisions of the California Mediation Act.
(f) Each patiy shall bear their own cost(s) of mediation. (8) Binding Effect of Agreement.
( a) The OWNERS hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set f01ih in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants rnnning with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Property. Each and eve1y contract, deed, or other instrnment hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.
(b) CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that OWNERS' legal interest in the Historic Property.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
( c) CITY and OWNERS hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the CITY, public (which includes, but is not limited to the benefit to the public street generally located at 957 Lewis Street), and OWNERS.
(9) Notice.
(a) Any notice required to be given by the tenns of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto.
CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050
OWNERS: Brian Allen
957 Lewis Street
Santa Clara, CA 95050
Christine Allen
957 Lewis Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Property, OWNERS shall give thi1iy (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the paiiies hereto. (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a paiinership between the paiiies hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. To the extent permitted by law, OWNERS agree to protect, defend, hold harmless and indemnify CITY, its City Council, c01mnissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS' acts, errors, or omissions with respect to or in any way connected with this Agreement.
(12) Attorneys' Fees. In the event legal proceedings are brought by any pai·ty orpaities to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to dete1mine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the comi, in addition to costs and other relief ordered by the court.
(13) Restrictive Covenants Binding. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or p01iion of the Historic Prope1iy, whether by operation oflaw or in any manner pursuant to this Agreement.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following:
a. a Historic Resources Invent01y form;
b. the description of the preservation or restoration efforts to be undertaken as referenced in paragraph 3 (b) as Exhibit "D";
c. a statement of justification for the Mills Act Historic Prope1ty designation and reassessment; and,
d. the Mills Act Historic Property Contract filing fee pursuant to paragraph 17. (15) Mills Act Historic Property Contract Approval. Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Prope1ty Contract criteria and recommendation to Council, and based upon the recommendation and approval by Council, a Mills Act Historic Prope1ty Contract may be entered into with OWNERS. The decision of the City Com1cil shall be final and conclusive in the matter. (16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.
(17) Fees. The Planning De artment may collect such Mills Act Historic Property Contract application fee of (s _______ dollars), or other fees for the administration of this contract as are authorized from time to time by the City Council. Such fees do not exceed the reasonable cost of providing the service for which these fees are charged. OWNERS shall pay the County Recorder's Office recordation fees for recordation of this Mills Act Historic Property Contract and the recordation of the OWNERS updated Historic Resources Invent01y form. (18) Ordinary Maintenance. Nothing in this contract shall be constrned to prevent the ordinaiy maintenance or repair of any exterior architectural feature in or on any Historic Prope1ty covered by this contract that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code and when such architectmal feature can be replaced according to the Secretary of Interior's Standards. (19) California Historical Building Code. The California Historical Building Code ("CHBC") provides alternative building regulations for the rehabilitation, prese1vation, restoration, or relocation of structmes designated as Historic Prope1iies. The CITY's building permit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rnles, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815. (b) The OWNERS, occupant, or other person in actual charge of the Historical Property shall keep in good repair all of the exterior portions of the Historic Property, and all interior p01iions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
( c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.
(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any comi of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or portions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, in-espective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
(22) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or othe1wise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
(23) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (24) Statutes and Law Governing Contract. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.
CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
City Attorney
ATTEST:
Hosam Haggag
City Clerk
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: (408) 241-6771
"CITY"
Brian and Christine Allen,
Owners of 957 Lewis Street
By:----------
Brian Allen
957 Lewis Street
Santa Clara, CA 95050
By:----------
Christine Allen
9 5 7 Lewis Street
Santa Clara, CA 95050
"OWNERS"
Exhibits:
A - Property Description
B - Primary Record
C Standards for Rehabilitation
D Restoration Schedule
I:\PLANNING\2022\Project Files Active\PLN22-00385 957 Lewis St (Mills Act)\Mills Act Contract.doc Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
For APN/Parcel ID(s): 269-05-065
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF LEWIS STREET SAID POINT BEING DISTANT THEREON 101 FEET EASTERLY FROM THE POINT OF INTERSECTION OF SAID NORTHERLY LINE OF LEWIS STREET WITH THE EASTERLY LINE OF WASHINGTON STREET; RUNNING THENCE EASTERLY ALONG SAID NORTHERLY LINE OF LEWIS STREET 50 FEET; THENCE AT RIGHT ANGLES NORTHERLY 137 FEET; THENCE AT RIGHT ANGLES WESTERLY 50 FEET; THENCE AT RIGHT ANGLES SOUTHERLY 137 FEET TO THE POINT OF COMMENCEMENT, AND BEING A PART OF BLOCK 5 NORTH RANGE 1 EAST, AS REPRESENTED UPON THE OFFICIAL MAP OF THE TOWN OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
GranlDeed
SCA0000129.doo / Updeled: 05.24.16
Printed: 12.06.17@ 08:59 AM
CA-CT-FWPS-02180.054986-FWPS-2986171784
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Other Listings
Primary#
HRI#
Trinomial
NRHP Status Code
Review Code Reviewer
P1. Other Identifier:
*P2. Location: □ Not for Publication ■ Unrestricted
and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7 .5' Quad: Date:
c. Address: 957 Lewis Street
d. UTM: Zone: 10 ; mE/ mN (G.P.S.)
*a. County: Santa Clara
T ; R ¼ of
City: Santa Clara
Date
¼ of Sec ; M.D. B.M.
Zip: 95050
e. Other Locational Data: (e.g., parcel#, directions to resource, elevation, etc., as appropriate) Elevation: APN# 269-05-065 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property is located on the northerly line of Lewis St said point being distant whereon 101 feet eastwardly from the point of the intersection of said northerly line of Lewis St with the easterly line of Washington St; nnming thence easterly along said northerly line of Lewis St 50 feet; thence at right angles northerly 137 feet; thence at right angles westerly 50 feet; thence at a right angle suddenly 137 feet to the point of commencement, and being a part of blocked 5 north range 1 East, as represented up on the official map of the town of Santa Clara, County of Santa Clara, state of California
This property falls within the old quad area of Santa Clara, which contains hundreds of houses dating from the 19th century through the 1930s, along with many newer buildings. TI1e old quad encompasses the area bordered by Scott Blvd to the West, Newhall Street to the South and east, and the railroad tracks to the north and east. A moderate number of homes in this area date to the 1850s -1880s, and a very large number date to the 1890s - 1900s. Along the eastern edge the neighborhood is Santa Clara University which consists of about eight large buildings dating from 1911 -1930, plus newer buildings. By contrast, Santa Clara historic downtown was razored in 1960s through urban renewal. 957 Lewis St is a single-story wooden residence constructed on a rectangular plan and a unique cooler style. 111is structure exhibits a double hipped roof with two street facing goblets. The roof line is also characterized by a very small eve projection around the goblets but a pronounced eve, boxed cornice and large plane frieze where it joins the exterior wall. A low-hipped, wrapped arom1d veranda further defines the facade. The body of the house is sheathed in wide shiplap with wide end boards. Fish scale shingles ornate ornament the two goblets. TI1e front veranda exhibits a very low overhang and is supported by ornately carved turn post with carved brackets. The porch is reached by a five-step wooden stairway. The porch banister is composed of simple wooden one inch by two-inch stakes. Fenestration is simple, rectangular in form, asymmetrically placed and double hung. A small palladian style window/vent ornaments the lower goblet. The main entry is recessed under the veranda overhang and is in placed adjacent to the slightly angled bay. A detached garage/shed is located to the rear of the house.
TI1e site is significant primarily due to its architectural style. The unusual wrap around veranda and double front-facing goblets at a definite farm influence to the residence. The vernacular forms by definition add a quality of uniqueness to their design which, while not particularly find piece of architectural in this case, add to the distinctiveness of this neighborhood in the city. TI1e earliest owner/occupant of the residence is listed in the 1908 City Directory as William J Foley who was a clerk. Foley is also listed as owner/occupant in the 1915 Directory. There are earlier listings of William Foley, but they are from widely different addresses around Santa Clara. No address listing is found for the site before 1908 despite the fact that the building predates that year. The house has shown on the 1901 Sanborn map but not the 1891 map.
This information was obtained from the Historic Resources Invento1y report prepared by Guidici / Zavlaris of URC dated November 18, 1980, for the purpose of a special plaque request, see attached.
The residence is listed on the Architecturally Historically Significant Properties on page 8.9-9, See attached The owners are in the process of obtaining a permit to demolish the existing garage/shed and add a ADU at the rear of the property. B01mie Bamburg of Urban Programmers conducted a review of the house and the garage/shed. Bamburg found that the house had been recently painted, the front yard had been landscaped, the double hung windows had been replaced with updated like window inserts. Bamburg found that there were no other significant structural changes to the house. Bamburg found that the garage/shed does not contribute to the character of the house, having been built more the 50 years later. The garage shed is not architecturally aligned with the house and does not add to the historical character of the house or two other structures in the area, refer to attacl1 report.
State of California-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary# ____________________ _
HRI # _________________ _
Trinomial
Page ___l__ of ___l_ Resource Name or#: (Assigned by recorder), _____________ _ *P3b. Resource Attributes: (List attributes and codes)
*P4. Resources Present: ■ Building □ Structure □ Object □ Site □ District □ Element of District □ Other (Isolates, etc.) P5a. Photo or Drawing (Photo required for buildings, structures, and objects.) 1900, 1902, 1904, 1908, 1915, Sanborn Maps 1891, 1901
P5b. Description of Photo: (View,
date, accession #) Front of residence
located at 957 Lewis Street.
*P6. Date Constructed/Age and
Sources: ■ Historic
□ Prehistoric □ Both
*P7. Owner and Address:
Brian & Christine Allen
957 Lewis Sh·eet
Santa Clara, 95050
*PB. Recorded by: (Name,
affiliation, and address)
Bonnie Bamburg
Urban Programmers
10710 Ridgeview Ave
San Jose, Ca 95127
*P9. Date Recorded: April 2022
*P10. Survey Type: (Describe)
General
*P11. Report Citation: (Cite survey
report and other sources, or enter
"none.") Guidici / Zavlari s of URC,
11/18/1980; Polks City Directories 1892,
*Attachments: □ NONE □ Location Map □ Sketch Map ■ Continuation Sheet ■ Building, Structure, and Object Record □ Archaeological Record □ District Record □ Linear Feature Record □ Milling Station Record □ Rock Art Record □ Artifact Record □ Photograph Record □ Other (List):
DPR 523A (1/95) *Required information
DPR 523A-Test (8/94)
Secretary of Interior's Standards for Rehabilitation
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will '
be avoided.
3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeologlcal resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and Its environment.
10. New additions and adjacent or related new construction will be undertaken in such a manner that, If removed In the future, the essential form and Integrity of the historic property and Its environment would be unimpaired.
June 25, 2022
Brian and Christine Allen
957 Lewis Street
Santa Clara, CA 95050
10-Year Restoration Maintenance Plan
Foley, c. 1895
Dear Planning Staff and Historic & Landmark Commissioners, The following is our 10-year plan for the restorations and maintenance of our historic home at 957 Lewis Street. All items to meet the Secretary of interiors standards for Treatment of Historic Properties:
Years 1-2 (2023-2024)
Front Porch: The flooring of the front porch is designed using 1X3 tongue and grove planks. Over time, it has weathered, splitting, and is rotting due to moisture. The treads of the front stairs are also pulling away from the stringers and will need to be repaired or replaced. Once repaired, the front porch and stairs will need to be sealed and painted to prevent additional moisture damage. All changes will be like for like.
Years 2-3 (2025-2026)
Foundation/grading/Drainage: Improve rainwater management around the perimeter of the house:
The existing grade (soil) around the house is inadequately sloped (towards the house) which can lead to foundation settlement and compromise the structural integrity of the historic residence. The grade also contacts the historic wood siding/ framing which can lead to rot and termite damage. Therefore, we propose to regrade around the perimeter of the residents as required by the building code, correct, improperly sloped roof gutters, and connect the rainwater leader downspouts to concrete splash blocks or sub surfaces drain lines to outlet downhill away from the residents.
Years 4-6 {2026-2028)
Roofing: Replace failing asphalt composition shingle roofing (improperly flashed resulting in leaks with water damage): Install new triple layer (tri-lam) asphalt composition shingle roofing (example:
Certainteed Landmark TL) with a more similar profile in shadow line of wood shingles that was originally on the home.
Years 7-8 {2029-2030)
Doors and Windows: Repair all weatherstripping and seals on all doors and windows. Air leakage and the secretion of water can cause mold, rot to form, and uses more energy to heat and cool the residence.
Years 9-10 (2031-2032) exterior of
Exterior Painting: repaint entire residents including all exterior wood siding, eaves, gutters, downspouts, windows and doors and their associated trim, all porches, and railings. Any minor dry rot or pest damage to all wood material shall be repaired with epoxy. Where wood elements have excessive damage, they shall be replaced with salvage or custom milled wood to match existing.
When we lived across the street where our son and his family currently now live, we always admired this house, especially the front porch. We absolutely love this historic home and the old quad neighborhood.
We look forward to the memories we will make here with our family.
City of Santa Clara
Agenda Report
22-950
REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
1500 Warburton Avenu e
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
Agenda Date: 9/1/2022
Consideration of a Historical Preservation Agreement (Mills Act Contract) for 957 Lewis Street
BACKGROUND
Property owners Brian and Christine Allen are requesting a Historical Preservation Agreement (Mills Act Contract) for the property located at 957 Lewis Street. A requirement of the Mills Act is that the building must be a qualified structure , listed on either a local, State or National register. The property is currently listed on the City's Historic Resource Inventory (HRI) for age and the architectural integrity of the residential structure .
The subject property is a 0.15-acre lot located on the northeast corner of Lewis Street and Washington Street. The existing residence is a single-story Vernacular architectural style constructed circa 1895. The main house exhibits a double hipped roof with two street facing gablets. The front veranda exhibits a very low overhang and is supported by ornately carved turn post. There is a detached garage/shed located to the rear of the residence that is not historically significant as it was constructed more than 50 years after the construction of the residence. The owners plan to demolish the existing garage/shed to build a new Accessory Dwelling Unit (ADU) at a later time.
The proposal includes approval of a Mills Act Contract and adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement.
DISCUSSION
A Department of Recreation (DPR) 523A Form was prepared by Bonnie Bamburg of Urban Programmers in April 2022, assessing the historical significance of the property, and is attached to this report (Attachment 2). The evaluator finds 957 Lewis Street has been well maintained and its architectural integrity has only been slightly diminished with the historic use of the building remaining the same. The evaluator concluded that the property continues to retain sufficient integrity to qualify as a historic property since first designated as a Historically Significant Property on the City's HRI.
The property owners have submitted a Statement of Justification and 10-Year Plan for restoration and maintenance of the property. The Plan includes repairing the front porch, regrading around the perimeter of the residence , re-roofing, window restoration, and exterior painting. The property owners will obtain Significant Property Alteration permits for the work described in the Plan as required by the Historic Preservation Ordinance .
Staff finds that the work proposed in the 10-Year Restoration and Maintenance Plan adheres to the Secretary of the Interior's Standards for Rehabilitation. The proposed improvements support the preservation , protection, and maintenance of a locally designated significant structure.
City of Santa Clara Page 1 of 2 Printed on 8/25/2022
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22-950 Agenda Date: 9/1/2022
ENVIRONMENTAL REVIEW
The Mills Act program is exempt from the California Environmental Quality Act (CEQA) environmental review requirements per CEQA Section 15331, which exempts project limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior Standards.
PUBLIC CONTACT
No public comments have been received at the time of preparation of this report.
RECOMMENDATION
Staff recommends that the Historical and Landmarks Commission find that the Mills Act Application and associated 10-Year Plan for restoration and maintenance accomplish the intent of preserving and maintaining the historical significance of the property; and therefore, recommend Council approval of a Mills Act Contract, and the adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement.
Prepared by: Tiffany Vien, Assistant Planner, Community Development Approved by: Lesley Xavier, Planning Manager, Community Development
ATTACHMENTS
1. Legal Property Description
2. Historic Survey (DPR 523A Form)
3. Secretary of the Interior's Standards for Rehabilitation
4. Statement of Justification
5. 10-Year Restoration and Maintenance Plan
6. Draft Historic Property Preservation Agreement (Mills Act Contract) City of Santa Clara Page 2 of2 Printed on 8/25/2022
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For APN/Parcel ID(s): 269-05-065
EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF LEWIS STREET SAID POINT BEING DISTANT THEREON 101 FEET EASTERLY FROM THE POINT OF INTERSECTION OF SAID NORTHERLY LINE OF LEWIS STREET WITH THE EASTERLY LINE OF WASHINGTON STREET; RUNNING THENCE EASTERLY ALONG SAID NORTHERLY LINE OF LEWIS STREET 50 FEET; THENCE AT RIGHT ANGLES NORTHERLY 137 FEET; THENCE AT RIGHT ANGLES WESTERLY 50 FEET; THENCE AT RIGHT ANGLES SOUTHERLY 137 FEET TO THE POINT OF COMMENCEMENT, AND BEING A PART OF BLOCK 5 NORTH RANGE 1 EAST, AS REPRESENTED UPON THE OFFICIAL MAP OF THE TOWN OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
Grant Deed
SCA0000129.doc / Updated: 05.24.16
Printed: 12,06.17@ 08:59 AM
CA-CT-FWPS-02180.054986-FWPS-2966171784
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Other Listings
Primary#
HRI#
Trinomial
NRHP Status Code
Review Code Reviewer
P1. Other Identifier:
*P2. Location: □ Not for Publication ■ Unrestricted
and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Date:
c. Address: 957 Lewis Street
d. UTM: Zone: 10 ; mE/ mN {G.P.S.)
"a. County: Santa Clara
T ; R ¼of
City: Santa Clara
Date
1/, of Sec ; M.D. B.M.
Zip: 95050
e. Other Locational Data: (e.g., parcel#, directions to resource, elevation, etc., as appropriate) Elevation: APN# 269-05-065 "P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The property is located on the northerly line of Lewis St said point being distant whereon 101 feet eastwardly from the point of the intersection of said northerly line of Lewis St with the easterly line of Washington St; running thence easterly along said northerly line of Lewis St 50 feet; thence at right angles northerly 137 feet; thence at right angles westerly 50 feet; thence at a right angle suddenly 137 feet to the point of commencement, and being a part of blocked 5 north range 1 East, as represented up on the official map of the town of Santa Clara, County of Santa Clara, state of California
This property falls within the old quad area of Santa Clara, which contains hundreds of houses dating from the 19th century through the 1930s, along with many newer buildings. The old quad encompasses the area boardered by Scott Blvd to the West, Newhall street to the South and east, and the railroad tracks to the north and east. A moderate number of homes in this area date to the 1850s - 1880s, and a very large number date to the 1890s - 1900s. Along the eastern edge the neighborhood is Santa Clara University which consists of about eight large buildings dating from 1911 - 1930, plus newer buildings. By contrast, Santa Clara historic downtown was razored in 1960s through urban renewal. 957 Lewis St is a single story wooden residence constructed on a rectangular plan and a unique cooler style. This structure exhibits a double hipped roof with two street facing goblets. Roofline is also characterized by a very small eve projection around the goblets like he pronounced eve, boxed cornice and large plane freezy where it joins the exterior wall. A low hipped, wrapped around veranda further defines the facade. The body of the house is sheathed in wide shiplap with wide end boards. Fish scale shingles omet ornament the two goblets. The front verandah exhibits a very low overhang and is supported by ornately carved turn post with carved brackets. The porch is reached a five step wooden stairway. The porch banister is composed of simple wooden one inch by two inch steaks. Firenze tation is simple, rectangular in form, a simile placed in double hung. A small pavilion style window slash vent ornaments the lower goblet the main entry is recessed under the veranda overhang and is in placed adjacent to the slightly angled Bay. A detattached garage/shed is located to the rear of the house.
The site is significant primarily due to its architect architectural style. The unusual wrap around veranda and double front-facing goblets at a definite farm influence to the residence. The vernacular forms by definition add a quality of uniqueness to their design which, while not particularly find piece of architectural in this case, add to the distinctivess of this neighborhood in the city. The earliest owner/occupant of the residence is listed in the 1908 City Directory as William J Foley who was a clerk. Foley is also listed as owner/occupant in the 1915 Directory. There are earlier listings of William Foley but they are from widely different addresses around Santa Clara. No address listing is found for the site before 1908 despite the fact that the building predates that year. The house has shown on the 1901 Sanborn map but not the 1891 map.
This information was obtained from the the Historic Resources Invetory report prepared by Guidici / Zavlaris of URC dated November 18, 1980 for the purpose of a special plauque request, see attached.
The residence is listed on the Architecturally Historically Significant Properties on page 8.9-9, See attached The owners are in the process of obtaining a permit to demolish the existing garage/shed and add a ADU at the rear of the property . Bonnie Bamburg of Urban Programmers conducted a review of the house and the garage/shed. Bamburg found that the house had been recently painted, the front yared had been landscaped, the double hung windows had been replaced with updated like window incerts. Bamburg found that there were no other signifcate structural changes to the house, Bamburg found that the garage/shed does not contribute to the character of the house, having been built more the 50 years later. The garage shed is not architecturally aligned with the house and does not add to the historical character of the house or two other structures in the area, refer to attach report.
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary# ____ _ _____________ _
HRI # _________________ _
Trinomial
Page _L of _L Resource Name or#: (Assigned by recorder) ___________ _ "P3b. Resource Attributes: (List attributes and codes)
"P4. Resources Present: ■ Building □ Structure □ Object □ Site □ District □ Element of District □ Other (Isolates, etc.) ,-P-5-a-. _P_h_o-to_o_r_D_r_a_w-in_g_(_P-ho_t_o -re-q-ui-re_d_fo_r_b-ul-ld-ln-gs-, -st-ru_c_tu-re_s_, a_n_d_o-bj-ec-ts-.)-------, P5b, Description of Photo: (View, date, accession #) Front of residence
located at 957 Lewis Sh·eet.
1900, 1902, 1904, 1908, 1915, Sanborn Maps 1891, 1901
"'P6. Date Constructed/Age and
Sources: ■ Historic
□ Prehistoric □ Both
"'P7. Owner and Address:
Brian & Christine Allen
957 Lewis Street
Santa Clara, 95050
"'P8. Recorded by: (Name,
affiliation, and address)
Bonnie Bamburg
Urban Programmers
10710 Ridgeview Ave
San Jose, Ca 95127
"'P9. Date Recorded: April 2022
"'P10. Survey Type: (Describe)
General
"'P11. Report Citation: (Cite survey
report and other sources, or enter
"none.") Guidici / Zavlaris of URC,
11/18/1980; Polks City Directories 1892,
"'Attachments: □ NONE □ Location Map □ Sketch Map ■ Continuation Sheet ■ Building, Structure, and Object Record □Archaeological Record □ District Record □ Linear Feature Record □ Milling Station Record □ Rock Art Record □Artifact Record □ Photograph Record □ Other (List):
DPR 523A (1/95) •Required lnfonnatlon
DPR 523A-Test (8/94)
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Property Name: _______ _ _____________________ _
Page __ of __
DPR 523L (9/2013
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Property Name: __________________________ _
Page __ of __
DPR 523L (9/2013
Brian Allen
957 Lewis Street
Santa Clara CA 95050
Dear Mr. Allan,
April 28, 2022
At your request Urban Programmers investigated the large shed constructed behind your home at 957 Lewis Street, Santa Clara. The purpose of the investigation was to determin e if the structure was a historic resource and if it added historical importance to the house which is listed in the Santa Clara Inventory of Historic Resources.
Methodology: To determine when the structure was constructed we researched the City of Santa Clara Building Permits- no permit was found. We then researched the Sanborn Insurance Maps for Santa Clara, 1915- updated to 1950, and found the structure was not on the property in 1950. The Santa Clara County Assessor's property files indicate a structure was present in 1968. The son of the former owner told you the structure was constructed from salvaged materials, and that is consistent with what exists today. In fact, the materials, wood, window, corrugated metal roofing, brick, tile, etc., do not exhibit stable construction.
To understand the purpose of the structure, we researched the City Directories for Santa Clara beginning in 1945-2002, when Eulalio (Ed) Delgado Contreras is shown as the owner-occupant. Eulalio (Ed) Contreras lived in the house until the early 2000s, he passed away(1903-2007). During his working career Eulalio held several positions at Western Forge and Flange Company ( reference City directories 1945- 1974). The shed was used as a personal workshop, storage area, and outside BBQ area.
The shed has single wall construction without concern for structural stability and using a mixture of board lengths and widths. There is no foundation. The metal sheet roofing is nailed directly to roof rafters. Interior surfaces include boards and cardboard without finishes.
Conclusion: The structure does not contribute to the historical character of the house. The house was constructed c.1905,- and the shed was constructed more than 50 years later. The shed is not architecturally aligned with the house and does not add to the historic character of the house at 975 Lewis Street, or to other structures in the area. There have been no changes to the house since 1979.
Best regards,
Bonnie Bamburg
Bon nie Bamburg, owner
10710 Ridgeview Avenue
San Jose California
951 27
USA
Phone: 408-254 -7171
Fal<: •108-254- 0969
E-mail: bba mburg(!})USA. t
b.otographs- Shed at 957 Lewis Street
Front of the shed facing into the rear yard. The overhang and side addition were constructed at the same time as the peaked roof section. All materials are salvage.
Front of the shed showing the various sizes of wood boards and condition of the shed.
Interior of the shed partitioned for storage and salvaged building materials. Floor is salvaged roofing and tile.
The Historic Survey prepared in by Urban Rural Conservation, Patricia Guidici and William Zavlaris, November 18,1979 was reviewed and compared to the existing conditon of the property.
The house is unchanged and well maintained. The landscaping is slightly improved in the front and the rear shed fills most of what was the rear yard. Therefore, the 1979 Historical survey of 957 Lewis stands as written and does not need to be updated at this time.
Secretary of Interior's Standards for Rehabilitation
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will ' be avoided,
3. Each property will be recognized as a physical record of Its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeologlcal resources will be protected and preserved In place. if such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the Integrity of the property and its environment.
10. New additions and adjacent or related new construction will be undertaken in such a manner that, If removed In the future, the essential form and Integrity of the historic property and its environment would be unimpaired.
Greetings,
957 Lewis Street
Santa Clara CA
My wife and I both grew up in Santa Clara. We started our family in the 1980's across the street from our current residence. The previous owner, Joe and Polly Contreras had lived in this home since the 19501s. As neighbors, we became friends and looked out for one another. We always loved the style of their home, especially the front porch. In the 1990's, we moved from Lewis Street to escape the traffic, especially since we had young children. We stayed in contact with Polly over the years and we told her that if she ever wanted to sale her home, we would be interested in purchasing it. Our son and his family now live in our original home on Lewis Street and in 2019, Polly' health was failing, and she asked us if we still wanted to buy her home. We said yes and were extremely happy to move back into Santa Clara and back into the old quad neighborhood. We love our home and refer to it as the Polly House. We enjoy being so close to our kids, grandkids and all the conveniences of Santa Clara. My son and I have a business together and his wife teaches at a local school. We enjoy watching our grandkids daily.
Since moving into the Polly house, we have dryscaped the front yard and have given her a fresh coat of paint. We are committed to preserving our little house and the required investment to safeguard it.
Sincerely,
Brian & Christine Allen
June 25, 2022
Brian and Christine Allen
957 Lewis Street
Santa Clara, CA 95050
10-Year Restoration Maintenance Plan
Foley, C, 1895
Dear Planning Staff and Historic & Landmark Commissioners, The following ls our 10-year plan for the restorations and maintenance of our historic home at 957 Lewis Street. All items to meet the Secretary of interiors standards for Treatment of Historic Properties:
Years 1-2 (2023-2024)
Front Porch: The flooring of the front porch is designed using 1X3 tongue and grove planks. Over time, it has weathered, splitting, and is rotting due to moisture. The treads of the front stairs are also pulling away from the stringers and will need to be repaired or replaced. Once repaired, the front porch and stairs will need to be sealed and painted to prevent additional moisture damage, Years 2-3 (2025-2026)
Foundation/grading/Drainage: Improve rainwater management around the perimeter of the house:
The existing grade (soil) around the house is inadequately sloped (towards the house) which can lead to foundation settlement and compromise the structural integrity of the historic residence. The grade also contacts the historic wood siding/ framing which can lead to rot and termite damage. Therefore, we propose to regrade around the perimeter of the residents as required by the building code, correct, improperly sloped roof gutters, and connect the rainwater leader downspouts to concrete splash blocks or sub surfaces drain lines to outlet downhill away from the residents.
Years 4-6 (2026-2028)
Roofing: Replace failing asphalt composition shingle roofing (improperly flashed resulting in leaks with water damage): Install new triple layer (tri-lam) asphalt composition shingle roofing (example:
Certainteed Landmark TL) with a more similar profile in shadow line of wood shingles that was originally on the home.
Years 7-8 (2029-2030)
Doors and Windows: Replace and/or repair all weatherstripping and seals on all doors and windows.
Air leakage and the secretion of water can cause mold, rot to form, and uses more energy to heat and cool the residence.
Years 9-10 (2031-2032) exterior of
Exterior Painting: repaint entire residents including all exterior wood siding, eaves, gutters, downspouts, windows and doors and their associated trim, all porches, and railings. Any minor dry rot or pest damage to all wood material shall be repaired with epoxy. Where wood elements have excessive damage, they shall be replaced with salvage or custom milled wood to match existing.
When we lived across the street where our son and his family currently now live, we always admired this house, especially the front porch. We absolutely love this historic home and the old quad neighborhood.
We look forward to the memories we will make here with our family.
RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warbmton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 !SPACE ABOVE THIS LINE FOR RECORDER'S USE]
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement"), is made and entered into this _ day of _____ ., 2022, ("Effective Date") , by and between Brian and Christine Allen, owners of certain real property located at 957 Lewis Street, Santa Clara, CA 95050 ("OWNERS") and the City of Santa Clara , California , a chartered California municipal corporation with its primaiy business address at 1500 Warburton Avenue , Santa Clara, California 95050("CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
( 1) California Government Code Section 50280, et seq. authorizes the CITY to enter into a contract with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance .
(2) OWNERS possesses fee title in and to that certain real property, together with associated structures and improvements thereon, shown on the 2021 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 269-05-065 , and generally located at the street address 957 Lewis Street, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Property is attached hereto as "Legal Description,1' marked as "Exhibit "A," and incorporated herein by reference .
(3) The Historic Property is on the City of Santa Clara Architecturally or Historically Significant Prope1ties list. OWNERS submitted a Mills Act Proposal to City on June 30, 2022. The Proposal included a Primaiy Record from the State of California's Deparhnent of Parks and Recreation. A hue and correct copy of the Proposal is attached to this Agreement as "Exhibit B". (4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Prope1ty and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
Historic Property Preservation Agreement/957 Lewis Street Typed : 05/14/2019
Page I of9
B. Agreement.
NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows:
(1) Effective Date and Term of Agreement. The te1m of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversary of the effective date, such term will automatically be extended as provided in paragraph 2, below.
(2) Renewal.
(a) Each year on the anniversaiy of the effective date of this Agreement, ("renewal date"), one ( 1) year shall automatically be added to the te1m of this Agreement unless notice of nonrenewal is mailed as provided herein.
(b) If either the OWNERS or CITY desires in any yeai· not to renew the Agreement, OWNERS or CITY shall serve written notice ofnonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty ( 60) days prior to the annual renewal date, one ( 1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.
( c) OWNERS may make a written protest of a nonrenewal notice issued by CITY.
CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable. (3) Standards for Historical Property. During the tenn of this Agreement, the Historic Prope1ty shall be subject to the following conditions, requirements, and restrictions:
(a) OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Property. "The Secretary of the Interior's Standards for Rehabilitation," marked as "Exhibit C" to this agreement, and incorporated herein by this reference, contains a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Prope1ty, which shall apply to such property throughout the term of this Agreement. (b) OWNERS shall, when necessary or as determined by the Director of Planning and Inspection, restore and rehabilitate the property to confonn to the rnles and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation and the California Historical Building Code and in accordance with the attached schedule of potential home improvements, drafted by the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Restoration Efforts," marked as "Exhibit D" to this agreement, and incorporated herein by this reference.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and eve1y five (5) years thereafter, an inspection of the propetty's interior and exterior shall be conducted by a party appointed by CITY, to detennine OWNERS' continued compliance with the terms of this Agreement. OWNERS acknowledge that the required inspections of the interior and exterior of the property were conducted prior to the effective date of this Agreement. ( 4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to determine compliance with the terms and provisions of this Agreement. (b) It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessaiy to determine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, permits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council. (5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in court to enforce this Agreement if it detennines any one of the following:
(i) the OWNERS breached any of the te1ms or conditions of this Agreement; or
(ii) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic property. (b) CITY may also cancel this Agreement if it determines that:
(i) the OWNERS have allowed the prope1ty to deteriorate to the point that it no longer meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Uniform Housing Code, the California Historical Building Code, the California Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings or; (ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.
(iii) the OWNERS have failed to restore or rehabilitate the prope1ty in the manner specified in subparagraph 3(b) of this Agreement. ( c) In the event of cancellation, OWNERS shall pay those cancellation fees set forth in California Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement. (6) No Waiver of Breach.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.
(7) Mediation.
(a) Any controversies between OWNERS and CITY regarding the construction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party. (b) If a dispute arises under this conh·act, either party may demand mediation by filing a written demand with the other paiiy.
( c) The paiiies may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the mediator(s) or to furnish the mediator(s) with any papers or info1mation demanded, the mediator(s) may proceed ex parte. ( d) A hearing on the matter to be arbih·ated shall take place before the mediator( s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator(s). The mediator(s) shall select the time and place promptly and shall give party w1itten notice of the time and place at least fifteen (15) days before the date selected. At the heating, any relevant evidence may be presented by either paiiy, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator(s). The mediator(s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
( e) The submission of a dispute to the mediator( s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Comi having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Mediation Act.
(f) Each party shall bear their own cost(s) of mediation. (8) Binding Effect of Agreement.
(a) The OWNERS hereby subjects the Historic Propetiy described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set fotih herein shall be deemed covenants running with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Property. Each and eve1y contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Propetiy, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrnment.
(b) CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that OWNERS' legal interest in the Historic Property.
( c) CITY and OWNERS hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the CITY, public (which includes, but is not limited to the benefit to the public street generally located at 957 Lewis Street), and OWNERS.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the paiiies hereto.
CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050
OWNERS: Brian Allen
9 5 7 Lewis S h·eet
Santa Clara, CA 95050
Christine Allen
957 Lewis Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Prope1iy, OWNERS shall give thirty (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto. (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. To the extent permitted by law, OWNERS agree to protect, defend, hold hannless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS' acts, errors, or omissions with respect to or in any way connected with this Agreement.
(12) Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any pa1iy hereunder, the prevailing party in such proceeding Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
may recover all reasonable attorney's fees to be fixed by the court, in addition to costs and other relief ordered by the court.
(13) Restrictive Covenants Binding. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives , assigns and all persons acquiring any pa1t or pmtion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement.
(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following :
a. a Historic Resources Inventmy form;
b. the description of the preservation or restoration efforts to be undertaken as referenced in paragraph 3 (b) as Exhibit "D";
c. a statement of justification for the Mills Act Historic Property designation and reassessment; and,
d. the Mills Act Historic Property Conh·act filing fee pursuant to paragraph 17. (15) Mills Act Historic Property Contract Approval. Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Property Contract criteria and recommendation to Council , and based upon the recommendation and approval by Council, a Mills Act Historic Property Contract may be entered into with OWNERS . The decision of the City Council shall be final and conclusive in the matter. (16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.
(17) Fees. The Planning Depaitment may collect such Mills Act Historic Prope1ty Conh·act application fee of __ ( s ________ dollars ), or other fees for the administration of this contract as are authorized from time to time by the City Council. Such fees do not exceed the reasonable cost of providing the service for which these fees are charged. OWNERS shall pay the County Recorder's Office recordation fees for recordation of this Mills Act Historic Property Conh·act and the recordation of the OWNERS updated Historic Resources Invent01y form. (18) Ordinary Maintenance. Nothing in this contract shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any Historic Property covered by this conh·act that does not involve a change in design, material, or external appearanc e thereof, nor does this conh·act prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection determines that such action is required for the public safety due to an unsafe or dangerous Historic Property Preservation Agreement/957 Lewis Street Typed: 05/ 14/2019
condition which cannot be rectified through the use of the California Historical Building Code and when such architectural feature can be replaced according to the Secretary of Interior's Standards. (19) California Historical Building Code. The California Historical Building Code ("CHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The CITY's building permit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.
(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815. (b) The OWNERS, occupant, or other person in actual charge of the Historical Property shall keep in good repair all of the exterior portions of the Historic Property, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.
( c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.
(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or portions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, inespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
(22) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the tenns or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
(23) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (24) Statutes and Law Governing Contract. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California.
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
(25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrnment executed by the paiiies hereto.
IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.
CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
Office of the City Attorney
City Attorney
ATTEST:
Nora Pimentel MMC
Assistant City Clerk
Rajeev Batra
City Manager
1500 Warbu1ion Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: (408) 241-6771
"CITY"
Brian and Christine Allen,
Owners of 957 Lewis Street
By:-------------
Brian Allen
957 Lewis Street
Santa Clara, CA 95050
Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
By:-------------
Christine Allen
9 5 7 Lewis Street
Santa Clara, CA 95050
Exhibits:
A - Property Description
B - Primaiy Record
C - Standards for Rehabilitation
D - Restoration Schedule
"OWNERS"
I:\PLANNING\2022\Project Files Active\PLN22-00385 957 Lewis St (Mills Act)\Mills Act Contract.doc Historic Property Preservation Agreement/957 Lewis Street Typed: 05/14/2019
City of Santa Clara
Meeting Minutes
Historical & Landmarks Commission
Draft
09/01/2022 6:00 PM Virtual Meeting
Pursuant to California Government Code section 54953(e) and City of Santa Clara Resolution 22-9135, the Historical and Landmarks Commission meeting will be held by teleconference only.
No physical location will be available for this meeting; however, the City of Santa Clara continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/97233262035 or
o Phone: 1 (669) 900-6833
Webinar ID: 972 3326 2035
Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting. Clearly indicate the project address, meeting body, and meeting date in the email.
PUBLIC PARTICIPATION IN ZOOM WEBINAR :
Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting. - If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak.
- Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute.
- If you no longer wish to stay in the meeting once your item has been heard, you may leave the meeting.
CALL TO ORDER AND ROLL CALL
City of Santa Clara
Chair Leung called the meeting to order at 6:06 p.m.
Present 7 - Commissioner Michael Celso , Commissioner Amy Kirby, Chair Patricia Leung, Commissioner Kathleen Romano, Commissioner Ed Stocks, Commissioner Megan Swartzwelder , and Vice Chair Ana Vargas-Smith
Historical & Landmarks Commission Meeting Minutes
CONSENT CALENDAR
A motion was made by Commissioner Vargas-Smith, seconded by Commissioner Stocks to approve the Consent Calendar with a minor revision to the minutes.
1.A 22-993 Historical and Landmarks Commission Minutes of June 2, 2022
1.8 Recommendation: Approve the Historical and Landmarks Commission Minutes of June 2, 2022.
Commissioner Swartzwelder abstained from voting due to her absence at the June meeting . Commissioner Romano noted a change to be made on the minutes under Item 5.
Aye: 6 - Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
Abstained: 1 - Commissioner Swartzwelder
22-1023 Historical and Landmarks Commission 2023 Calenda r of Meetings Recommendation: Approve the Historical and Landmarks Commission 2023 Calendar of Meetings.
Aye: 7 - Commissioner Celso , Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks , Commissioner Swartzwelder, and Vice Chair Vargas-Smith
PUBLIC PRESENTATIONS
None.
GENERAL BUSINESS
09/01/2022
City of Sant a Clara Page 2 Printed on 09/16/2022
Historical & Landmarks Commission Meeting Minutes 09/01/2022
2. 22-950 Consideration of a Historical Preservation Agreement (Mills Act Contract) for 957 Lewis Street
Recommendation: Staff recommends that the Historical and Landmarks Commission find that the Mills Act Application and associated 10-Year Plan for restoration and maintenance accomplish the intent of preserving and maintaining the historical significance of the property; and therefore, recommend Council approval of a Mills Act Contract, and the adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement.
Staff Liaison Rebecca Bustos provided the staff presentation .
Homeowner Brian Allen spoke regarding the project and answered questions from the Commission.
Commissioner Vargas-Smith recused from voting on this item due to the project's proximity to her residence.
A motion was made by Commissioner Stocks, seconded by
Commissioner Romano to close public hearing.
Aye: 6 - Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Commissioner Swartzwelder
Recused: 1 - Vice Chair Vargas-Smith
A motion was made by Commissioner Romano, seconded by
Commissioner Swartzwelder to approve staff recommendation with the following modifications to the 10-Year Plan:
-For Years 1-2, note that changes will be like for like and match the existing materials
-For Years 7-8, refer to the work as repair rather than replacement
Aye: 6 - Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Commissioner Swartzwelder
Recused: 1 - Vice Chair Vargas-Smith
STAFF REPORT
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Historical & Landmarks Commission Meeting Minutes 09/01/2022
1. Berryessa Adobe Maintenance
Staff Liaison Rebecca Bustos updated the Commission that they are unable to use their budget toward the maintenance of the Berryessa Adobe. She stated that staff would work with Chair Leung to agendize an item for a future City Council meeting to update the Council on the Commission's activities and to request prioritizing funds for the Berryessa Adobe maintenance.
COMMISSIONERS REPORT
1. Subcommittee Reporting - 20 minutes
Commissioners present reported on subcommittee activities. The Marketing Subcommittee stated that they had not met. The Outreach and Education Subcommittee shared that they had met to discuss context statement and that they plan to work with City Historian and Historical Advisor to the Commission Lorie Garcia on this effort.
2. Board and Committee Assignments - 15 minutes
Commissioners present reported on assignments.
Board/Committee
Santa Clara Arts and Historic Consortium
Historic Preservation Society of Santa Clara
Old Quad Residents Association
Development Review Hearing
BART/ High Speed Rail/ VTA BRT Committee
Zoning Ordinance Update
El Camino Real Specific Plan Community Advisory Committee Downtown Revitalization
3. Announcements and Other Items - 10 minutes
Lead/Alternate
Leung / Romano
Vargas-Smith / Leung
Leung / Romano
Romano I Vargas-Smith
Vargas-Smith / Swartzwelder
Romano / Swartzwelder
Leung
Vargas-Smith / Romano
Commissioner Vargas-Smith announced that the Parade of Champions is being held on October 1.
4. Commissioner Travel and Training Requests - 10 minutes None.
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Historical & Landmarks Commission Meeting Minutes
ADJOURNMENT
A motion was made by Commissioner Vargas-Smith, seconded by Commissioner Romano to adjourn the meeting.
The meeting adjourned at 7:01 p.m.
The next regular scheduled meeting is on October 6, 2022.
Aye: 7 - Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, Commissioner
Swartzwelder, and Vice Chair Vargas-Smith
MEETING DISCLOSURES
09/01/2022
City of Santa Clara Page 5 Printed on 09/16/2022
Historical & Landmarks Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City's programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk's Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City's ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event. 09/01/2022
City of Santa Clara Page6 Printed on 09/16/2022
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1113 Agenda Date: 11/15/2022
REPORT TO COUNCIL
SUBJECT
Action on Historic Preservation Agreement (Mills Act Contract) for 1184 Washington Street
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
Robert and Julie Salinas, the homeowners of the residence at 1184 Washington Street, are requesting approval of a Mills Act Contract, also known as a Historic Property Preservation Agreement, with the City which includes approval of a Ten-Year Restoration and Maintenance Plan.
The State of California enacted legislation that allows owners of historically designated properties to enter into a “Mills Act” contract with the legislative bodies of local agency jurisdictions, pursuant to Government Code Section 50280 and following. Mills Act Contract properties then qualify for property tax incentives contained in the California Revenue and Taxation Code. The purpose of a Mills Act Contract is to offer owner(s) of historically significant properties an economic incentive to maintain and preserve the historic physical integrity of their properties, which thereby also increases the aesthetic and economic health of the surrounding neighborhood and the City. A Ten-Year Restoration and Maintenance Plan is required to document specific maintenance and preservation activities proposed to be undertaken by the property owners for the Contract property.
The City Council established a process for evaluating Mills Act Contract requests on September 4, 1993 (Resolution No. 5843), that set a limit of five contracts per year. In 2004, the City Council increased the number of allowable contracts to ten per year. If approved, the subject proposal would be the sixth Mills Act Contract for the 2022 calendar year and within the City’s allowed number of ten contracts for 2022.
The subject property is currently listed on the City’s Historic Resource Inventory (HRI). An updated State Department of Parks and Recreation (DPR) form evaluating the significance of the structure (Historical Survey) was prepared for the current proposal and concluded that the property retains sufficient integrity to merit continued listing on the Inventory.
The project request was considered by the Historical and Landmarks Commission (HLC) at its meeting on October 6, 2022. The HLC reviewed the Historical Survey and Proposed Ten-Year Restoration and Maintenance Plan and recommended Council approval of the requested Mills Act Contract.
DISCUSSION
The applicants’ Statement of Justification and the proposed Mills Act Contract with exhibits including City of Santa Clara Printed on 11/10/2022Page 1 of 3
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22-1113 Agenda Date: 11/15/2022
the DPR and the Proposed Ten-year Restoration and Maintenance Plan (Attachment 1) demonstrate sufficient intent by the property owners to invest in the property consistent with the purpose for Mills Act Contracts. The City conducts periodic review of Mills Act Contract properties to verify that property owners are performing the maintenance and preservation activities described in the Ten- Year Restoration and Maintenance Plan.
Based upon information provided by the applicant, the subject property has sufficient historical value as to warrant use of a Mills Act Contract to promote the ongoing preservation of the property. The staff report for the October 6, 2022 HLC meeting is attached for reference (Attachment 2).
ENVIRONMENTAL REVIEW
The Mills Act program is exempt from CEQA environmental review requirements per CEQA Section 15331, which exempts projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior Standards.
FISCAL IMPACT
The amount of the property tax reduction depends upon the property, location, size, and comparable properties in the area. Currently, the assessed value of the property is $1,750,000 and annual property taxes of $20,640 (source: Santa Clara County Assessor’s Office). The City receives approximately 10% of the base property tax. The Mills Act tax reduction is based on an income capitalization method (ICM) calculation based on the average monthly rent, average maintenance costs, and an amortization schedule to arrive at a reduced appraisal value resulting in lower property taxes. The anticipated reduction in taxes would be between 20% to 70% based on the County’s evaluation of the property’s age, condition, and local market value factors in accordance with the formula set by state law. Based on the latest information available, the estimated annual fiscal impact for the City for this individual Mills Act Contract would be a decrease of property tax revenue in the range of approximately $413 to $1,445.
As the current Council policy allows up to ten Mills Act Contracts to be approved each year, and the subject contract will be the sixth one for this year, the cumulative economic impact for multiple Mills Act Contracts does not significantly reduce the overall property tax income for the City.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected]
or at the public information desk at any City of Santa
Clara public library.
RECOMMENDATION
Authorize the City Manager to execute a Mills Act contract and adopt the Ten-Year Restoration and Maintenance Plan associated with the Historic Property Preservation Agreement for the property at 1184 Washington Street with applicants Robert and Julie Salinas; File No. PLN22-00244.
City of Santa Clara Printed on 11/10/2022Page 2 of 3
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22-1113 Agenda Date: 11/15/2022
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Historic Preservation Agreement Including 10-Year Rehabilitation Plan
2. Historical and Landmarks Commission Staff Report of October 6, 2022 City of Santa Clara Printed on 11/10/2022Page 3 of 3
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RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE]
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement"), is made and entered into this day of ----- , 2022, ("Effective Date"), by and between Robert and Julie Salinas, owners of certain real propetiy located at 1184 Washington Street, Santa Clara, CA 95050 ("OWNERS") and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton A venue, Santa Clara, California 95050("CITY"). CITY and OWNERS may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
( 1) California Government Code Section 50280, et seq. authmizes the CITY to enter into a contract with the OWNERS of qualified Historical Property to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance.
(2) OWNERS possesses fee title in and to that certain real propetiy, together with associated strnctures and improvements thereon, shown on the 2021 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 269-15-043, and generally located at the street address 1184 Washington Street, in the City of Santa Clara ("Historic Prope1iy"). A legal description of the Hist01ic Prope1iy is attached hereto as "Legal Descliption," marked as "Exhibit "A," and incorporated herein by reference.
(3) The Historic Property is on the City of Santa Clara Architecturally or Historically Significant Prope1iies list. OWNERS submitted a Mills Act Proposal to City on June 4, 2022. The Proposal included a Primaiy Record from the State of California's Department of Parks and Recreation. A true and correct copy of the Proposal is attached to this Agreement as "Exhibit B". (4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Prope1iy and to qualify the Historic Prope1iy for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
B. Agreement.
NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set fmih herein, do hereby agree as follows:
(1) Effective Date and Term of Agreement. The term of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a term of ten ( 10) years thereafter. Each year upon the anniversaiy of the effective date, such term will automatically be extended as provided in paragraph 2, below.
(2) Renewal.
(a) Each year on the anniversary of the effective date of this Agreement, ("renewal date"), one (1) year shall automatically be added to the term of this Agreement unless notice of nonrenewal is mailed as provided herein.
(b) If either the OWNERS or CITY desires in any year not to renew the Agreement, OWNERS or CITY shall serve written notice of nonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty (60) days prior to the annual renewal date, one ( 1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.
( c) OWNERS may make a written protest of a nonrenewal notice issued by CITY. CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable. (3) Standards for Historical Property. During the te1m of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions:
(a) OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Prope1iy. "The Secretary of the Interior's Standards for Rehabilitation," marked as "Exhibit C" to this agreement, and incorporated herein by this reference, contains a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such prope1iy throughout the term of this Agreement. (b) OWNERS shall, when necessary or as dete1mined by the Director of Planning and Inspection, restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretaiy of the Interior Standards for Rehabilitation and the Califomia Historical Building Code and in accordance with the attached schedule of potential home improvements, drafted by the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Restoration Effmis," marked as "Exhibit D" to this agreement, and incorporated herein by this reference.
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and eve1y five (5) years thereafter, an inspection of the property's interior and exterior shall be conducted by a Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
party appointed by CITY, to determine OWNERS' continued compliance with the terms of this Agreement. OWNERS acknowledge that the required inspections of the inte1ior and exte1ior of the property were conducted prior to the effective date of this Agreement. ( 4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to determine compliance with the terms and provisions of this Agreement. (b) It shall be the duty of the OWNERS to keep and preserve, for the term of the Agreement, all records as may be necessaiy to detennine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, pennits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council. (5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in court to enforce this Agreement if it detennines any one of the following:
(i) the OWNERS breached any of the terms or conditions of this Agreement; or
(ii) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic prope1iy. (b) CITY may also cancel this Agreement if it determines that:
(i) the OWNERS have allowed the property to deteriorate to the point that it no longer meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Uniform Housing Code, the California Historical Building Code, the California Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings or; (ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.
(iii) the OWNERS have failed to restore or rehabilitate the prope1iy in the manner specified in subparagraph 3(b) of this Agreement. ( c) In the event of cancellation, OWNERS shall pay those cancellation fees set forth in California Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement. (6) No Waiver of Breach.
(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the tenns of this Agreement or in the City's laws and regulations are available to the City.
Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
(7) Mediation.
( a) Any controversies between OWNERS and CITY regarding the construction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party. (b) If a dispute arises under this contract, either party may demand mediation by filing a written demand with the other patty.
( c) The patties may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either patty refuse or neglect to join in the appointment of the mediator(s) or to furnish the mediator(s) with any papers or infonnation demanded, the mediator(s) may proceed ex patte. ( d) A hearing on the matter to be arbitrated shall take place before the mediator( s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator(s). The mediator(s) shall select the time and place promptly and shall give patty written notice of the time and place at least fifteen ( 15) days before the date selected. At the hearing, any relevant evidence may be presented by either patty, and the formal rnles of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator( s ). The mediator( s) shall hear and determine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
(e) The submission of a dispute to the mediator(s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confirming the award may be given by any Superior Court having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Mediation Act.
(f) Each party shall bear their own cost(s) of mediation. (8) Binding Effect of Agreement.
(a) The OWNERS hereby subjects the Historic Prope1ty described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants tunning with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrnment hereinafter executed, covering, encumbering, or conveying the Historic Prope1ty, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instmment.
(b) CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set faith herein touch and concern the land in that OWNERS' legal interest in the Historic Prope1ty.
Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
(c) CITY and OWNERS hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the CITY, public (which includes, but is not limited to the benefit to the public street generally located at 1184 Washington Street), and OWNERS. (9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective paiiies as specified below or at any other address as may be later specified by the paiiies hereto.
CITY: City of Santa Clara
Attn: City Clerk
1500 Warbmion Avenue
Santa Clara, CA 95050
OWNERS: Robert and Julie Salinas
1184 Washington Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Property, OWNERS shall give thitiy (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto. (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a paiinership between the patties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventmes or members of any joint enterprise. (11) Hold Harmless and Indemnification. To the extent permitted by law, OWNERS agree to protect, defend, hold harmless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS' acts, eITors, or omissions with respect to or in any way connected with this Agreement.
(12) Attorneys' Fees. In the event legal proceedings are brought by any paiiy or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to costs and other relief ordered by the court.
(13) Restrictive Covenants Binding. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or p01iion of the Historic Property, whether by operation oflaw or in any manner pursuant to this Agreement.
Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following:
a. a Historic Resources Inventory form;
b. the description of the preservation or restoration efforts to be undertaken as referenced in paragraph 3 (b) as Exhibit "D";
c. a statement of justification for the Mills Act Historic Prope1ty designation and reassessment; and,
d. the Mills Act Historic Prope1ty Contract filing fee pursuant to paragraph 17. (15) Mills Act Historic Property Contract Approval. Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Prope1ty Contract criteria and recommendation to Council, and based upon the recommendation and approval by Council, a Mills Act Historic Prope1ty Contract may be entered into with OWNERS. The decision of the City Council shall be final and conclusive in the matter. (16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.
(17) Fees. The Planning Department may collect such Mills Act Historic Property Contract application fee of $8,078.70 ( eight thousand, and seventy-eight dollars and seventy cents), or other fees for the administration of this contract as are authorized from time to time by the City Council. Such fees do not exceed the reasonable cost of providing the service for which these fees are charged. OWNERS shall pay the County Recorder's Office recordation fees for recordation of this Mills Act Historic Property Contract and the recordation of the OWNERS updated Historic Resources Inventory form.
(18) Ordinary Maintenance. Nothing in this contract shall be construed to prevent the ordinaiy maintenance or repair of any exterior architectural feature in or on any Historic Property covered by this contract that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the constrnction, reconstrnction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California Historical Building Code and when such architectural feature can be replaced according to the Secretaiy of Interior's Standards. (19) California Historical Building Code. The California Historical Building Code ("CHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of strnctures designated as Historic Properties. The CITY's building pennit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rnles, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.
Historic Property Preservation Agreement/ 1184 Washington Street Typed: 04/14/2022
(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815. (b) The OWNERS, occupant, or other person in actual charge of the Historical Prope1iy shall keep in good repair all of the exterior p01iions of the Histo1ic Prope1iy, and all interior po1iions thereof whose maintenance is necessaiy to prevent deterioration and decay of any exterior architectural feature.
( c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.
(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any comi of competent jmisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or p01iions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
(22) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the tenns or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
(23) Captions. The captions of the vai·ious sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (24) Statutes and Law Governing Contract. This Agreement shall be governed and constrned in accordance with the statutes and laws of the State of California. (25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.
CITY OF SANT A CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:
Office of the City Attorney
City of Santa Clara
ATTEST:
Rajeev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: ( 408) 241-6771
"CITY"
Robert and Julie Salinas,
Owners of 1184 Washington Street
By:------------- By:-------------
Exhibits:
Robe1i Salinas
1184 Washington Street
Santa Clara, CA 95050
A - Property Description
B Prima1y Record
C - Standards for Rehabilitation
D - Restoration Schedule
"OWNERS"
Julie Salinas
1184 Washington Street
Santa Clara, CA 95050
I:\PLANNING\2022\Project Files Active\PLN22-00244 1184 Washington Street (Mills Act, Variance)\10.06.22 HLC\Mills Act Contract.doc Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
LEGAL DESCRIPTION
Order Number: 4307-6558467
Page Number: 5
Real property in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
BEGINNING AT A POINT ON THE WESTERLY LINE OF WASHINGTON STREET, DISTANT THEREON 50
FEET SOUTHERLY FROM THE POINT OF THE INTERSECTION OF THE WESTERLY LINE OF WASHINGTON STREET WITH THE SOUTHERLY LINE OF FREMONT STREET; THENCE RUNNING SOUTHERLY AND ALONG THE WESTERLY LINE OF WASHINGTON STREET, 66.20 FEET; THENCE RUNNING WESTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF FREMONT STREET, 152.50 FEET; THENCE RUNNING NORTHERLY AND PARALLEL WITH THE WESTERLY LINE OF WASHINGTON STREET, 66.20 FEET;
THENCE RUNNING EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF FREMONT STREET, 152.20 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF LOT 1 IN BLOCK 2 NORTH RANGE 1 WEST OF THE CITY OF SANTA CLARA, AS SHOWN UPON THE OFFICIAL MAP THEREOF OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK "B" OF MAPS, PAGE 103.
APN: 269-15-043
First American Title
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary# _____________ _ HRI # _____________ _
Trinomial -~------------NRHP Status Code _________ _
Other Listings---------------- -~------~ Review Code ___ _ Reviewer ________ _ Date _____ _ Page _j_ of .-29..__ *Resource Name or#: (Assigned by recorder) 1184 Washington Street P1.
P2.
*P3a.
Other Identifier:-----------------------------------
Location: □ Not for Publication ■ Unrestricted *a: County _.S~a~n-ta~C~l-a~ra~--- and (P2c,P2e, and P2b or P2d. Attach Location Map as necessary.) *b. USGS 7.5' Quad _____ Date ___ T _; R __ ; __ ¼ of __ ¼ of Sec __ ; ___ 8.M. c. Address 1184 Washington Street City _,.S...,aLUn""'ta.._C,.....laLUra........_ ______ Zip _,.9..,..5""'0"'"'50,,_ __ _ d. UTM : (Give more than one for large and/or linear resources) Zone mE/ ____ mN *e. Other Locational Data: (e.g., parcel#, directions to resource, elevation, etc., as appropriate) Description: (Describe resource and its major elements. Include design, materials, condition, alteration s, size, setting, and boundaries) Old Quad
This property falls within the Old Quad area of Santa Clara, which contains hundreds of houses dating from the 19th century through the 1930s, along with many newer buildings. It encompasses the area bordered by Scott Boulevard to the west, Newhall Street to the south and east, and the railroad tracks to the north and east.
(See Continuation Sheet, page 2.)
*P10. Survey Type: intensive
P11. Report Citation*: (Cite survey report and other sources, or enter "none".) *P3b Resource Attributes: (List
attributes and codes) __
*P4. Resources Present:
■ Building □ Structure □ Object
□ Site □ District □ Element of
District □ Other (isolates, etc.)
P5b. Description of Photo:
(View, date)
View looking west
*P6. Date Constructed/Age and
Source: ■ Historic
□ Prehistoric □ Both
1850s or early 1860s
*P7. Owner and Address:
Julie and Shea Salinas
1184 Washington Street
Santa Clara CA 95050
*PB. Recorded by: (Name,
affiliation, and address)
William Kostura
P o Box 50211
Palo Alto, CA 94306
*P9. Date Recorded:_
September 2021
*Attachments: □ NONE □ Location Map □ Sketch Map ■ Continuation Sheet ■ Building, Structure and Object Record □ Archaeological Record □ District Record □ Linear Feature Record □ Milling Station Record □ Rock Art Record □ Artifact Record □ Photograph Record □ Other (List)
DPR 523A (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
Page ....2.... of _29_ Resource Identifier: _1~1=84...,___._W._..a.,.,,sh...,.i....,ng._.to...,_n-'--'S""'t...,,re=e~t ________ _ Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Description (continued)
The area immediately sunounding the subject house is a mix of older and newer houses. Older houses include 1091 Fremont, which has been dated 1868; ve1y fine Queen Anne houses, perhaps the best of this style in the city, at 1116 Washington and 981 Fremont (both 1892); a large Classical/Colonial Revival house at 1179 Washington (1905); and a large Craftsman bungalow at 1061 Fremont (ca. 1918).
Three houses from about the 1930s can be found at 908, 925, and 936 Fremont. More modern houses include 1010, 1011-1025, and 1155 Fremont, and a pair of houses plus apartments at 1124 Washington.
The older houses are more numerous and more conspicuous than the newer ones, and as a result the immediate neighborhood has a historic feel to it.
The subject prope1ty
Grounds and outbuildings
The subject property consists of a house, a barn, a garage, and a pool house on a suburban lot measuring 66 feet in width by 152 '-6" in depth. The garage is a small, inexpensively-built wooden building that shows on a 1961 Sanborn map and thus most likely dates to the mid-20th century. The barn is a two st01y gabled building clad in board-and-batten siding; its sliding doors are filled diagonal boards. It does not show on the 1961 Sanborn map, and therefore must post-date that year, although it looks older.
The pool house resembles the barn in its materials - board and batten siding, and doors with diagonal boards. Given their similarities, it was probably built at about the same time as the barn. The landscaping is also recent. This consists of a picket fence on a low brick wall in front, brick pathways in the front and back yards, and a swimming pool in the back.
The house
The house is two stories in height, sits on a brick foundation, is wood-framed in constrnction, has a cross-gabled roof with boxed eaves, and is clad in beveled siding. In plan it is T-shaped, with a broad block in front that contains the living room and bedrooms; and a narrow stem centered in the rear containing the kitchen. The front block measures roughly forty feet in width by sixteen feet in depth, while the stem to the rear is approximately fifteen feet wide by 25 feet deep.
One of the angles between these two blocks, at rear-left as one faces the house (at the southwest corner), is mostly filled by a one-story addition that has a shed roof. A 1915 Sanborn map shows this addition with a dotted line, indicating a porch with open sides; but now the walls are filled with bevel siding, which must have been added at a later date.
(See Continuation Sheet, page 3.)
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
Page _3_ of ...2L Resource Identifier: _1~1-6~4~W~;:i=s=bi ..... og,...to=□~S-t~ce~e~t ________ _ Recorded by William Kostura *Date September 2021 II Continuation D Update Description (continued)
The composition of the front block is symmetrical on all three of its sides. In the front wall, a squeezed gable in the center of the roofline is directly over a second sto1y window and the main entrance. Four windows can be found in the first story, two to either side of the entrance. On the no1ih and south sides of the front block the composition is again symmetrical, with two evenly-spaced windows in each st01y.
Brick chimneys rise from the ridgeline of the roof, each just a foot or two from the north and south sides.
This symmetry is broken up in the rear stem of the house. On the north side of the stem, one small window is in the second st01y, while the first story has (from left to right) an entrance and two windows, all evenly spaced. The rear wall of this stem has two evenly-spaced windows in the second st01y, and an entrance and a window in the first. As mentioned above, the south side of this rear stem is largely filled by the early addition. However, two small windows are visible in the second story, above this addition.
The style of the house is predominantly Gothic Revival, though there is a notable Greek Revival element as well. The Gothic elements include carved bargeboard in the squeezed front gable and a drip mold over the second story window, just below the gable. The steep pitch of the gables enhances the Gothic feeling.
The primaiy Greek Revival element is the front entrance. Here, a shallow, cornice with a curved soffit and a frieze are supported by pilasters with restrained Doric capitals and blocky bases. Incised stripes add detailing to the frieze and pilasters. Within this framing are a paneled door with a transom window, transom bar, and sidelights. The door has four panels, those at the top being taller, with arched heads.
Sidelights are na1Tow, with five lights each. Although the classical details of this entrance composition are restrained, they are a clear expression of the Greek Revival style. Hardware on this door include a ceramic knob, circular brass knob plate, and an ornamental iron ringer with ceramic handle. All of these elements appear to be original or ve1y early.
A simpler version of this entrance is found on the north side of the rear stem. Here, a paneled door with glazing is flanked by sidelights with four lights each. These are trimmed by flat boards within a thin surrounding molding.
With one important exception, nearly all of the windows in this house have six-over-six sash with what appear to be original muntins. The main exception is the second story window under the front gable. It is a paired casement with four lights per casement. Smaller windows in the upper sto1y of the rear stem and in the addition on the south side also depart from the six-over-six pattern. (See Continuation Sheet, page 4.)
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
Page _A_ of _,29___ Resource Identifier: _,_11...,.8'-L4_.W..,,a...,s~b .... io,.._gt~o~o..,.S""tr-e=et.__ _______ _ Recorded by William Kostura *Date September 2021 ■ Continuation D Update Description (continued)
The corners of this house are lined or enclosed with extremely nanow panels ( or battens) that are incised with vertical lines. These incised lines relate to the incised pilasters and frieze in the main entrance.
A screen door in the west wall of the rear stem most likely dates to the early 20th centmy. It has wooden spindles and a metal pull and strap hinge.
To summarize, all elements of the exterior appear to be 01iginal, or ve1y early, except for the one-stmy addition on the south side that fills the angle between the front block and rear stem, and the screen door in the rear. A few windows in the second story of the rear were not closely observed, and so their dates are unceiiain.
The interior has a number of impmiant early or original features. These include a staircase with a tapering newel post, turned balusters, and wooden railing; an ornamental metal gas light fixture with a glass globe (now electric); fireplaces with carved wooden mantels; a metal vent grille with an ornamental pattern; and a fir floor.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency Primary# ____________ _ DEPARTMENT OF PARKS AND RECREATION HRI # ____________ _
BUILDING, STRUCTURE, AND OBJECT RECORD
Page-5.... of...29- *NRHP Status Code _______ _
*Resource Name or# (Assigned by recorder) 1184 Washington Street B1. Historic Name: _...,c~a=!v...,_i..._n ...... R~u=ss,..,e=llc..o.b...,.o""'u=se"----------------------------
62. Common Name:----------------------------------
63. Original Use: residence B4. Present Use: _ __.r..,,.e....,si""de....,n=c=e,...._ ____________ _ *B5. Architectural Style: _ __,..G=o=tb.wic,,_R....,.e,,_v...,iv=a.,_i __________________________ _ *B6. Construction History: (Construction date, alterations, and date of alterations) Built in the 1850s or early 1860s.
*B7. Moved? II No □ Yes □ Unknown
*B8. Related Features:
Date: _____ Original Location: __________ _
none
B9a. Architect: unknown b. Builder: _p,.,..r..,,.o"""ba...,b ...... ly,_,,..C,.,,au.lv=inw.R...,u ..... s.,.,s.,.,elu....l __________ _ *B10. Significance: Theme ________ Area __,.S.,_,,a.,_n..,ta.._C""'"""ia""'ra..__ _______________ _ Period of Significance _______ Property Type residence Applicable Criteria ___ _ (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) History
This section will cover the history of the Old Quad neighborhood of Santa Clara; the history of the subject house; and a list of Greek Revival and Gothic Revival houses in Santa Clara that puts the architectural history of this house in context.
Old Quad history
The Old Quad covers the quadrangle shown in an 1866 survey by J.J. Bowen. It encompasses the area bordered by Scott Boulevard to the west, Newhall Street to the south and east, and the railroad tracks to the north and east. The area includes Santa Clara University, which was once the site of Mission Santa Clara. Generally speaking, the Old Quad is the oldest part of Santa Clara. The ove1whelming majority of its historic buildings are located here.
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
See Continuation Sheet, pages 17-18.
B13. Remarks:
*B14. Evaluator: .... W .... i=lli .... a ..... m._.K...,o...,s ... tt ..... JC-a _________ _ Date of Evaluation: ...,,s .... e ... p ... te ..... ro~b .... e ..... r_2_0_21..__ ________ _ (This space reserved for official comments.)
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Old Quad history (continued)
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 111 Continuation □ Update
Major factors in Santa Clara's growth and economy include:
1777. Founding of Mission Santa Clara de Asis by the Franciscan order of Spain. This mission was secularized by Mexico in 1833 but the mission chapel continued to function as a church afterward.
It was enlarged and rebuilt several times over the next centmy. 1851-present. After the takeover of California by the United States, Jesuits acquired the mission and established Santa Clara College in 1851. It became known as the University of Santa Clara in 1912 and as Santa Clara University in 1985. The older buildings on this campus date to the period 1911-1930 and were designed by architects Will D. Shea, John J. Donovan, and Henry A. Minton.
The chapel of 1928 was designed by Minton to replicate the old adobe mission building of ca. 1824. 1852. The City of Santa Clara incorporates.
1863. The railroad connecting San Francisco and San Jose reaches Santa Clara. The railroad depot still stands, now at 1005 Railroad Avenue.
1885-1990s. Agnew's State Hospital. The Victorian building of 1885 collapsed in the earthquake of 1906, with great loss of life. New buildings were built from 1908 through the 191 Os to designs by the State Architect George C. Sellon. After the campus was sold to Sun Microsystems in the late 1990s, only the best four of the Agnew's buildings were retained, and the rest were demolished. 1890s-1950s. Santa Clara Tannery. This long-lasting business occupied many wooden buildings at the northeast corner of Lexington and Grant streets.
1890s-1960s. The Pacific Manufacturing Company was a huge business occupying many buildings in the block of Alviso, Bellomy, Grant, and Locust streets, plus warehouses and sprawling lumber yards in adjacent blocks. It made coffins, window sash, doors, blinds, cabinets, and windmills. 1910s-1960s. Fruit canning. There were several canneries in Santa Clara during these decades, and of these three were the largest and longest lasting: Rosenberg Brothers and Company; the Pratt-Low Preserving Company; and Libby, McNeill and Libby. Pratt-Law's complex included a huge one story cannery building plus 25 seasonal workers' cabins in 1915, and by 1950 it had expanded to include over 100 workers' cabins. By 1950 Rosenberg Brothers had absorbed Libby, McNeill and Libby, and by 1961 Rosenberg Brothers had been taken over by the Mayfair Packing Company.
Collectively, these canneries must have been the largest employers in the City of Santa Clara during most of the 20th century.
(See Continuation Sheet, page 7.)
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Old Quad histmy (continued)
Primary#
HRlfTrinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 II Continuation □ Update
1960s-present. The semiconductor indust1y becomes impmiant in Santa Clara. 1963. The city's old downtown is razed in order to receive funding from the federal government for urban renewal.
To the above list should be added Santa Clara's close proximity to the city of San Jose, where some Santa Clara residents worked.
The demolition of the city's old downtown was a major loss, and as far as is known none of the tanne1y, frnit canning, or Pacific Manufacturing buildings still stand. The built environment in Santa Clara is nevertheless able to represent, or evoke, most of the other important themes in Santa Clara's early history. An adobe house at 3260 The Alameda (now the Santa Clara Women's Club) is a ca. 1790s building that was part of the Spanish-era mission complex. The Berryessa adobe at 373 Jefferson Street (late 1840s) represents the Mexican or very early American period. Two properties evoke Santa Clara's early agricultural economy. The older is the James Lick flour mill complex, at 4101 Lick Mill Boulevard, at Mansion Park Drive. Its four buildings were built in 1857, the 1860s, and the 1880s and include a granary, a house, an office, and a hall. The Harris-Lass house at 1889 Market Street (1865) includes a farmhouse, a barn, a water tanlc, and farming implements. As mentioned above, four early twentieth centu1y buildings survive at Agnew's State Hospital, and about eight buildings from 1911-1930 survive at Santa Clara University.
Most prolifically, the Old Quad area is filled with hundreds of 19th and early 20th century houses that retain good to high integrity. A few houses date to the 1850s, a moderate number date to each decade of the 1860s, 1870s, and 1880s, and ve1y many date to the 1890s-1930s. While it is beyond the scope of this repmi to describe these houses in any detail, it can be said that they range from modest, vernacular working-class houses to large houses built for the well-to-do. Houses in the latter group are often elaborately decorated, but smaller houses, especially those built before the 1920s, often possess fine details as well.
Because the subject house is a blend of Gothic and Greek revivals in style and dates from the 1850s or slightly later, a number of similar houses are illustrated below for purposes of historic context. (See Continuation Sheet, page 8.)
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Histmy of the subject house
Primary#
HRlffrinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Section 8.9 of the City of Santa Clara's General Plan is entitled "Historic Preservation and Resource Inventory." In this document, which is on the internet, the subject house is called the Russell-Robinson house and is dated 1861. Another page of the city's website, "Historic Properties," states that the front block was built in about 1860 and was added to an older house already standing. The first, or first known, owner was a carpenter named Calvin Russell, who purchased the property in 1856. After his death, his widow continued to live here through 1887, and she sold the house in 1891 to drnggist John G. Robinson and his wife Mary. For this report, primmy research was performed to support or question the above information.
It seems unlikely that the rear part of the house was built first and that the front part was added to it in 1860 or 1861. Because it was common to build a kitchen wing at the rear of a house, and because the bevel siding and six-over-six windows are the same in both the front and rear parts, it seems much more likely that the entire house was built at once. (This does not count the low addition that fills the angle at the southwest corner, which was added after 1891.) Another similarity between the front and rear parts is the use of similar sidelights in the front entrance and in the entrance on the north side of the rear stem; this also argues that the front and rear parts were built at the same time.
From the style of the house, a constrnction date of the 1850s or 1860s is all but certain. The Greek Revival style was most common in northern California during the 1850s, and Gothic Revival was common in the 1850s and 1860s. The latter was only rarely built during the 1870s. On balance, an 1850s construction date for this house is most likely. Please see a further discussion of the occmTence of these styles in Santa Clara below.
The first owner and builder was probably Calvin Russell. He was born in Pennsylvania in 1807 or 1808, and his wife Eliza was born in the same state in about 1816. They arrived in Santa Clara at an early date, some time during the 1850s. Charlene Duval, a Santa Clara County historian, states that he does not show up in the 1850 or 1852 tax assessment rolls for the county, but he is listed here in the 1852 state census. The next three U. S. censuses, of 1860, 1870, and 1880, all show the Russells living in the city of Santa Clara and owning real estate ($1,050 in 1860 and $5,000 in 1870). In all three censuses his occupation is listed as that of a carpenter. When Calvin Russell died in 1886, a brief newspaper notice stated his estate consisted of $3,800 worth of real estate.
None of these censuses list addresses. Two sources, however, tie the Russells to the subject site. One is the city's website, which states that Russell purchased this property in 1856. Shortly after Calvin's death, a newspaper notice announced that any creditors of his should see the administratrix of his estate, (See Continuation Sheet, page 9.)
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Histmy of the subject house (continued)
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 11 Continuation □ Update
Eliza A. Russell, at her residence at the southwest comer of Washington and Fremont streets ( site of the subject property). While more documentation would be desirable, the above sources strongly suggest that Calvin Russell built this house as his and Eliza's residence soon after 1856 and that they lived here until his death in 1886. He worked as a carpenter at least through 1880 and must have built many houses in Santa Clara, though none of these other houses are known of.
The next known owners were John G. and Maiy A. Robinson. They were each born in about 1854, he in Oregon and she in California. The city's website states that they bought the house in 1891. They were listed as living here in city directories beginning in 1896 and in censuses through 1940.
Maty Ann Robinson was born in 1852 on her family's ranch in Lawrence, Santa Clara County. Her parents were James Enright and Margaret (Duncan) Enright. A relative of her mother is said to have been Isadora Duncan, who was a native of San Francisco. Although Isadora Duncan lived in Europe and New York after becoming a dancer, according to the city's website she once performed at this house.
John G. Robinson was born in 1850 in Oregon Territmy. In 1870 he was living in the town of Santa Clara and working as a druggist. In 1880, still single, he worked as a druggist in Colusa, which he continued to do for "many years," according to his obituary. At an unknown date he returned to Santa Clara, married Maiy Enright, opened his pharmacy at 1072 Franklin Street, and (by 1896) purchased and moved into 1184 Washington Street. He retired some time between 1910 and 1920 and lived in this house until his death in 1931. His wife's widowed sister, Mrs. Louise Reidy, moved in with her, and they continued to live in this house until Maiy's death in 1941.
Gothic Revival and Greek Revival houses in northern California and Santa Clara Ancient Greek architecture was rediscovered by western European architects in the mid-18th centuty and influenced American architecture by the early 19th centu1y. In the United States, the War of 1812 aroused renewed antagonism against England, and by extension, against English models for architecture, leaving the way clear for new styles in this country. One of the first American examples of the Greek Revival was the Bank of the United States, in Philadelphia (1818). Further interest in this style was generated by American sympathy for Greece in their war of independence during 1821-1832. Published carpenter guides and pattern books by Asher Benjamin and Minard Lefever disseminated Greek Revival details nationwide. In her book A Field Guide to American Houses (2015), Virginia Savage McAlester estimates that, among domestic examples, the Greek Revival style was common in the United States from about 1830 into the early 1860s. It began in east coast cities, where it faded during the 1840s, but persisted in rural and midwestern areas where newer styles were slower to take hold. (See Continuation Sheet, page 10.)
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Resource Identifier: 1184 Washington Street
*Date September 2021 II Continuation D Update
Gothic Revival and Greek Revival houses in northern California and Santa Clara (continued) Greek Revival became so popular in the United States, and so ubiquitous in some places, that a reaction naturally arose against it and during the 1840s it was replaced by more picturesque styles, principally the Gothic Revival. This style had debuted in England in 1749 but did not make its first notable appearance in the United States until 1832, when the architect Alexander Jackson Davis designed a Gothic house in Baltimore. Davis' book Rural Residences ( 183 7) promoted the style, and his friend Andrew Jackson Downing spread the style further with two very popular books of his own, Cottage Residences (1842) and The Architecture of Count1y Houses ( 1850). The style remained popular for houses in the United States through about 1865, and then declined.
In San Francisco during the 1850s, it is not easy to point to a predominant domestic style. Most houses were inexpensive and were squeezed onto narrow lots and did not exhibit prominent style details. Many of these had front-gabled roofs with proportions roughly equivalent to those on Greek Revival houses, and some historians label these houses as Greek Revival for this reason. A small number had genuine Greek Revival details such as pediment returns in the gable, shallow-pitched pediments over the windows, or Doric capitols at the tops of porch posts, and these were more truly deserving of the style name.
Gothic Revival houses were perhaps not more common in San Francisco but were certainly more conspicuous. A few very dramatic examples were built on Rincon Hill in the 1850s, along with some lesser ones, and a few notable Gothic houses were built on Russian Hill. In eve1y neighborhood many small houses could be found whose gables were decorated with band-sawn bargeboard, a signature of the "Carpenter Gothic" style.
Not many examples of either style remain in California. Weaverville, in Trinity County, has several ( or more) houses with shallow-pitched pediments over the windows, and these are properly styled Greek Revival. A small number of others are in Nevada City. Gothic Revival houses, again, are more conspicuous. These include the Frisbie house in Benicia ( ca. 1849); the Vallejo house, "Lac1yma Montis," in Sonoma ( ca. 1850); the Mmy Aaron house in Mmysville ( 1855); the Red Castle in Nevada City (1860); and the J. Mora Moss house, "Mosswood," in Oakland (1864). The Abner Phelps house in San Francisco ( ca. 1851) is a blend of the two styles. It has a full-width porch that is Greek Revival in feeling plus Gothic Revival bargeboard in the front and side gables. The oldest house in Alameda, the Webster house on Versailles Avenue (1854) is Gothic Revival in style. There are others of both styles, but they are rare.
(See Continuation Sheet, page 11.)
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*Date September 2021 ■ Continuation □ Update
Gothic Revival and Greek Revival houses in northern California and Santa Clara (continued) In Santa Clara at least nine houses exhibit features that are associated with one or both of these styles. A list follows, with constmction dates taken mainly from the city's website:
* The Benyessa adobe at 373 Jefferson Street (1840s). This house has Greek Revival pediments over the windows and do01way, and Gothic bargeboard in the gable facing the street. * The subject house, 1184 Washington Street (1850s or early 1860s). As mentioned above, it has Gothic bargeboard in the front gable, a Gothic drip mold over the window beneath this gable, and a Greek Revival main entrance.
* 1158 Main Street ( estimated 1855-1889). This house has no style details. The proportions of the gabled roof and the full-width porch suggest the Greek Revival style, however. * 1206 Main Street (1865). This house is a blend of Greek Revival and Italianate styles. The pediment returns in the gable and the porch columns with simple Doric capitals are the Greek elements. * The Hanis-Lass house, 1889 Market Street (1865). The square porch columns with molded caps and incised vertical strips are ever so slightly reminiscent of the Greek Revival style. * 1217 Santa Clara Street (dates variously given as 1867 and 1875). The pointed arch window and the squeezed gable are the Gothic elements. Triangular pediments over the windows could be considered either Greek or Italianate, while quoins at the comers are Italianate. The cross-bracing in the gable and the porch may indicate a later construction date.
* 1404 Lincoln Street (dates given as "1880" and "ca. 1880s"). This house looks much older than the given dates. It has a plain gabled roof and a wrap-around porch with molded capitals. There are no strong style details, but it is closer to Greek Revival than anything else. * 1490 Santa Clara Street ("ca. 1880s"). Again, this house looks older than the estimated date. The very steeply-pitched squeezed gable is a strong Gothic element, while the rounded pediment over the second story window is a hint of Greek Revival.
* 466 Madison Street (1885). The Gothic element is the steeply-pitched squeezed gable. A triangular pediment over the second story window, very shallow-pitched pediments over the first st01y windows, and a porch with square columns suggest the Greek Revival style. (See Continuation Sheet, page 12.)
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Resource Identifier: _...._i1....,8""'4'-'W'-'"a...,s ..... bw.io..,,g..,.to,.,n'--"S._._tr...,.e""-et...._ _______ _ *Date September 2021 11 Continuation D Update
Gothic Revival and Greek Revival houses in northern California and Santa Clara (continued) As one can see, most of these houses were designed as blends of styles. Their mostly anonymous builders obviously felt free to incorporate elements that they were familiar with in order to produce a pleasing effect. For the most part, ornament was restrained and was applied as accents to a design where fine prop01tions and a harmonious composition were the most important considerations.
The subject house is remarkable in a number of ways. The bargeboard in the gable is the best in Santa Clara and compares favorably with that in most Gothic houses elsewhere in the state. The drip mold over the window was a once-common feature among Gothic Revival houses, but is now ve1y rare. The Greek Revival entrance is also now exceedingly rare; this may be the best surviving example in the state. Also important are the house's six-over-six windows. While such windows were not representative of any pmiicular style, they were typical of the 1850s and early 1860s. It is now very rare to find so many windows of this type in a house that is this old.
Integrity
The seven factors of integrity are location, design, materials, worlananship, feeling, association, and setting. Regarding the subject house:
It has never been moved, so it retains integrity of location.
The one-st01y addition that fills most of the angle between the front block and the rear stem on the south side is the only alteration of note. The front of the house and the north side appear to be unchanged.
Thus, the house retains integrity of design, materials, and workmanship. In pmiicular, the survival of so many six-over-six windows is ve1y remarkable for a house of this age and they represent the workmanship of this period in a way that very few other houses do.
The Gothic Revival bargeboard and drip mold and the Greek Revival entrance are strong style features.
They, along with the beveled siding and the six-over-six windows are strongly representative of houses of the period. Thus, this house retains integrity of feeling.
Early occupants of this house would ce1iainly recognize it as the house they had lived in, and so it retains integrity of association.
The front and back yards of this house have been changed with new landscaping and out-buildings, and so this property's internal integrity of setting has been lost. However, several 19th century and early 20th century houses still stand in the immediate neighborhood, so the external setting is largely intact.
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Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 11 Continuation □ Update Evaluation to California Register criteria
The California Register of Historical Resources ( California Register) is an invent01y of significant architectural, archaeological, and historical resources in the State of California. Resources can be listed in the California Register through a number of methods. State Historical Landmarks and National Register-listed propetiies are automatically listed in the California Register. Propetiies can also be nominated to the California Register by local governments, private organizations, or citizens. The . evaluative criteria used by the California Register for determining eligibility are closely based on those developed by the National Park Service for the National Register of Historic Places.
In order for a property to be eligible for listing in the California Register, it must be found significant under one or more of the following criteria:
* Criterion 1 (Events): Resources that are associated with events that have made a significant contribution to the broad patterns of local or regional hist01y, or the cultural heritage of California or the United States.
* Criterion 2 (Persons): Resources that are associated with the lives of persons important to local, California, or national histo1y.
* Criterion 3 (Architecture): Resources that embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of a master, or possess high aiiistic values.
* Criterion 4 (Information Potential): Resources or sites that have yielded or have the potential to yield information important to the prehistory or history of the local area, California, or the nation.
This criterion typically applies to archaeological remains, which are not being addressed in this rep01i.
Criterion 1 (Events)
This house was built in the 1850s or early 1860s. Only two houses in Santa Clara - the cunent Santa Clara Women's Club (ca. 1790s) and the Benyessa adobe at 373 Jefferson Street (ca. 1840s) are definitely older, and only several other houses have estimated constrnction dates that are about as old.
Because of its constrnction date and high integrity, this house represents, as very few are able to, the very early hist01y of Santa Clara when the town was still largely rnral. Accordingly, it appears to be eligible for the California Register at the local level under this criterion. The Period of Significance under this criterion is from the 1850s (the most likely construction date) through the 1910s, when much of the Old Quad area was still being developed.
(See Continuation Sheet, page 14.)
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Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Evaluation to California Register criteria ( continued) Criterion 2 (Persons)
Calvin Russell was a carpenter and almost certainly built this house as his own residence; and it seems likely that he built other houses in Santa Clara, perhaps very many. If it could be shown that he did so, he would emerge as an impo1iant person in Santa Clara's architectural history, and this house would probably be eligible under this criterion. Such evidence is lacking at present, however, and so this house does not now appear to be eligible under this criterion.
Criterion 3 (Architecture)
This is an outstanding blend of Gothic Revival and Greek Revival styles. The carved bargeboard in the gable is crisp and distinctive, and the Gothic feeling imparted by that bargeboard is supported by a drip molding over the window below. The Greek Revival entrance consists of a small cornice, an incised frieze, incised pilasters with capitals, sidelights, and a transom, and is very fine. Other elements of the house, most notably the paneled door, six-over-six windows, beveled siding, and boxed eaves are typical of the 1850s and greatly add to to the feeling of an 1850s house. The corner panels or battens are unusual; their incised lines relate to those in the main entrance and contribute to the stylistic feeling.
The entrance on the north side is a simpler version of the main entrance and relates to it visually.
In sum, this is a carefully-designed house that effectively blends the two styles that were most prominent in Santa Clara in the 1850s and early 1860s and is easily one of the best houses of that period in Santa Clara. For these reasons this house appears to be eligible for the California Register at the local level under this criterion. Because so few houses of these styles still stand with high integrity in California, and because this is a good example of a blend of these styles, it also appears to be eligible at the state level. The Period of Significance is the 1850s-1860s, the likely date of construction.
Contributing features
The cont1ibuting features of this house are:
* The T-shaped footprint
* The cross-gabled roof with boxed eaves
* The bevel siding
* All six-over-six windows and the fixed window in the front gable, and their trim (See Continuation Sheet, page 15.)
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Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 111 Continuation □ Update Evaluation to California Register criteria ( continued) Contributing features (continued)
* The carved bargeboard in the front gable
* The drip mold over the window below that gable
* All parts of the Greek Revival front entrance and the more restrained entrance on the north side, including trim
* The front door and its hardware
* The narrow, incised panels ( or battens) at the corners of the house.
Non-contributing features include:
* The brick foundation.
* The one-st01y addition that fills most of the angle on the south side of the house * Small second story windows on the south side, directly above that addition * The barn, the pool house, and the landscaping
The interior features mentioned on page 4 are fine, but are not listed here as either contributing or non contributing.
The screen door in the rear of the house looks old, but it cannot be dated with any confidence and probably post-dates any possible Period of Significance. Thus, it should probably be counted as a non contributing element, too.
Evaluation under City of Santa Clara criteria
The Criteria for Local Significance were adopted on April 20, 2004, by the City of Santa Clara City Council and are listed under Section 8.9.2 of the City of Santa Clara General Plan, Criteria for Local Significance. Under this section of the General Plan, any building, site, or property in the City that is 50 years old or older and meets certain criteria of architectural, cultural, historical, geographical or archeological significance is potentially eligible.
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Page -16.... of __2B_ Resource Identifier: -~11~8~4~W~a-s=b~in..,.g_to=□ ~$~tc-e=et~-------- Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Evaluation under City of Santa Clara criteria (continued) The subject property appears to most clearly meet the following local criteria:
Criterion for Historical or Cultural Significance
1. The site, building or property has character, interest, integrity and reflects the heritage and cultural development of the city, region, state, or nation.
By virtue of its ve1y early constrnction date and high integrity, and its ability to evoke early Santa Clara histmy, this house appears to meet this criterion.
5. A building's direct association with broad patterns of local area histmy, including development and settlement patterns, early or important transp01iation routes or social, political, or economic trends and activities. Included is the recognition of urban street pattern and infrastrncture.
Similar to the above argument, this house is associated with Santa Clara's early development.
Criterion for Architectural Significance
1. The prope1iy characterizes an architectural style associated with a particular era and/or ethnic group.
This house is an outstanding example of a blend of the Gothic Revival and Greek Revival styles of the 1850s-1860s.
6. A building's unique or uncommon building materials, or its historically early or innovative method of construction or assembly.
Some of the house's materials, namely the bevel siding and six-over-six windows with thin muntins, were not unique or uncommon during the time it was built, but have become rare since then. These are very important features of the house.
7. A building's notable or special attributes of an aesthetic or functional nature. These may include massing, prop01iion, materials, details, fenestration, ornamentation, artwork or functional layout.
The cross-gabled roof, T-shaped footprint, Gothic and Greek style features, bevel siding, corner panels or battens, and six-over-six windows combine to evoke the massing, ornamental, and aesthetics and constrnction techniques of the l 850s-l 860s. (See Continuation Sheet, page 17.)
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Page -1.L of -2..9...._ Resource Identifier: _ _.__11...,,.8=4 ..... W.,_,,a...,s'""hj"-"ng,...t,.,on_.__S'""t..,_,re.,_,,eu....t _______ _ Recorded by William Kostura *Date September 2021 11 Continuation □ Update Evaluation under City of Santa Clara criteria ( continued) Criterion for Geographic Significance
1. A neighborhood, group or unique area directly associated with broad patterns of local area hist01y.
Most of the houses in the immediate vicinity of the subject house date to the 19th and early 20th centuries. Together they form a concentration of houses that evoke Santa Clara's early history.
References
Censuses and city directories
U.S. censuses of 1860, 1870, and 1880 for Calvin and Eliza Russell, in Santa Clara.
U.S. censuses of 1900, 1910, 1920, 1930 and 1940 for John G. Robinson, Maiy A. Robinson, and louise E Reidy, in Santa Clara.
San Jose/Santa Clara city directories of 1896-1912 for John G. Robinson, in Santa Clara.
City of Santa Clara
Section 8.9 of the City of Santa Clara's General Plan, "Historic Preservation and Resource Inventory." Listing for this house.
City of Santa Clara website. "Historic Prope1iies." Brief hist01y of this house.
Marriage and death records
Ancestry.com. Marriage records. Maiy A. Enright to John G. Robinson, in 1886.
Ancestry.com. Death records.Mary A. Robinson, in 1941.
Newspaper a1iicles
"Died." San Jose Mercwy News. June 12, 1873. Death notice for Joseph G. Russell. "Petitions Filed Today." San Jose Mercury News. February 8, 1886. (See Continuation Sheet, page 18.)
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI/Trinomial
Page _18.._ of _.29.._ Resource Identifier: -~11~6~4~W~a_s=b-in...,g_to=□~S=tc-e-et~-------- Recorded by William Kostura *Date September 2021 11 Continuation □ Update References (continued)
"Notice to Creditors." San Jose Mercwy News. March 17, 1886. "J. Robinson, Once Colusa Drnggist, Dies." Colusa Herald. November 12, 1931. "Mrs. Robinson Passes Away." Santa Cruz Sentinel. November 22, 1941.
Other sources
Charlene Duval. Email to William Kostura, July 23, 2021, re: early presence of Calvin Russell in Santa Clara and possible constrnction dates of the house.
Virginia Savage McAlester. A Field Guide to American Houses. New York: Alfred A. Knopf, 2015.
This is the best guide to American domestic architecture. Greek and Gothic revivals are covered on pages 246-280. See page 249 for diagrams of Greek Revival entrances.
David Gebhard, et. al. The Guide to Architecture in San Francisco and Northern California. Salt Lake City: Gibbs Smith, 1985.
Susan Dinkelspiel Cerny. An Architectural Guidebook to San Francisco and the Bay Area. Salt Lake City: Gibbs Smith, 2007.
The above two books list some of the Gothic Revival houses outside of Santa Clara mentioned in this repmi.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRl!Trinomial
Page --19.._ of -29____ Resource Identifier: 1184 Washington Street Recorded by William Kostura
Sanborn map diagrams
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages
*Date September 2021 ■ Continuation □ Update
7 "
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At left: 1891 Sanborn map, page 35.
Below : 1915 Sanborn map. page 214. Note the
appearance of the addition filling the corner on
the south side.
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State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...2Q_ of ...2.9.._
Recorded by William Kostura
Photographs of the subject house
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation D Update
The front of the house with a
detail of the bargeboard and
the drip mold over the
second story window.
*Required Information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ....2.L of -29-
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Photographs of the subject house ( continued)
Front entrance with details of the trim, door, and hardware.
DPR 523L (1 /95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...22__ of ---2.9_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier : 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of the subject house ( continued)
Above : The bevel siding that
clads the house.
Middle. Detail of window
muntins.
Below: The brick foundation .
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page _23_ of _29_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of the subject house (continued)
At left: The north side of the front block ( on the right side of the house as you face it)
Below: View looking SE at the rear side of the front
block ands the north side of the rear stem.
Botton row: The north side of the rear stem and a detail of the entrance on this side.
DPR 523L (1 /95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...24.... of ---2.9_
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Photographs of the subject house ( continued)
Above: Perspective view of the house from the left. At right: the south side of the front block.
At right: the south side of the house .
Sanborn l'naps suggest that the low
addition that fills the angle between
the front block and the rear stem
began as an open porch that was later
enclosed.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...2.5.... of ---2.9_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of the subject house (continued)
Above left: A typical six-over-six window. These are found on all sides of the house except for the south side of the rear stem (i.e., where the addition is).
Above right: The rear wall of the house, i.e. the west side of the rear stem.
At right: The screen door on the rear side.
DPR 523L (1 /95) DPR 523 A&B forms, Pages.pages
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...2fL of ...2.9._
Primary#
HRl!Trinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Photographs of the subject house (continued)
Top left: View looking east at the garage on the south side of the lot.
Top right: The barn, directly behind the garage. It looks old, but isn't.
Bottom left: The pool house, with siding and doors similar to those on the barn.
Bottom right: The brick-paved back yard, with pool.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ..IL of -2.9_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of houses in Santa Clara with Greek Revival and Gothic Revival features These are shown in order to put the subject house in historical context. Only one of these houses, the Benyessa adobe, is definitely older than the subject house . A few other houses from the l 850s-1860s stand in Santa Clara, but not ve1y many, and as far as is known to this writer none have Greek Revival or Gothic Revival features .
- ------------------- i,, ', . ·, 111,
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages
. ./, •
),, . ,-
The Berryessa adobe, 373 Jefferson Street.
It has been dated to the 1840s. Shallow
pitched pediments over the door and
windows evoke the Greek Revival, while
carved bargeboards in the gable are Gothic
Revival.
*Required Information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page-28_ of--29._
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of houses in Santa Clara with Greek Revival and Gothic Revival features (continued) Top left: 1158 Main Sh·eet. This house lacks style details, but its proportions suggest Greek Revival.
Top right: 1206 Main Street (1865). The pediment returns in the gable are Greek Revival.
Bottom left: The Harris-Lass house, 1889 Market Street (1865). The incised porch columns are similar to those on the subject house and could be considered Greek Revival.
Bottom right: 1217 Santa Clara Street. Gothic Revival second story windows blend with Greek pediments over the first story windows and Italianate quoins.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State _ of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ---2.9._ of -2.9___
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of houses in Santa Clara with Greek Revival and Gothic Revival features ( continued) DPR 523L (1/95) DPR 523 A&B forms, Pages.pages
Top left: 1404 Lincoln Street. The
gabled roof and the porch with
" square Doric posts suggest Greek
Revival.
Top right: 1490 Santa Clara Street.
The steeply-pitched squeezed gable
suggests Gothic Revival, while the
rounded pediment just below it is
Greek.
466 Madison Street. Another
steeply-pitched squeezed gable with
a pedimented first and second stmy
windows.
*Required Information
May 9th, 2022
Shea & Julie Salinas
1184 Washington Street
Santa Clara, CA 95050
10-Year Restoration Maintenance Plan
Russell Robinson House
1184 Washington Street
Dear Planning Staff and Historic and Landmark Commissioners, The following is our proposed 10-year plan for the restorations and maintenance of our historic home at 1184 Washington Street.
All items to meet the Secretary of Interiors standards for Treatment of Historic Properties:
Years 1-2 (2022-2023)
Deferred Maintenance: These first two years will include doing much of the deferred maintenance to bring the historic home back to life. This includes repairing interior plaster cracks, repairing banister railing cracks, painting, refinishing front door, updating plumbing fixtures to be more water efficient and water tight, replacing broken window panels, installing an efficient HVAC system, clearing out dead landscaping, repairing & painting front picket fence, and replacing any rotted perimeter fencing and gates.
Years 3-4 (2024-2025):
Foundation: Redo deteriorating and compromised brick foundation and utility basement.
Years 5-7 (2026-2028):
Addition & Renovation: Add onto the house to accommodate a master suite and guest suite. Enlarge kitchen and update bathrooms to adapt the home to better suit our growing family's needs (adaptive reuse).
Year 8 (2029):
Window Restoration: Restore/ Repair existing historic wood window sashes. Any minor dry rot areas on the window sashes shall be repaired with epoxy filler and repainted to match. Where elements of the existing window sashes have excessive rot (stiles or rails) they shall be replaced with salvaged or custom milled wood to match. Glazing putty, where cracked, shall be replaced and the window sash shall be painted to match existing.
Year 9-10 (2030-2031):
Painting & Shutters: Repaint entire exterior of residence, including all exterior wood siding, eaves, gutters, downspouts, windows, doors and associated trim. Any minor dry rot or pest/rodent damaged areas found shall be repaired with epoxy filler and repainted to match. Repair and repaint existing shutters and put them back on the house.
We are passionate about restoring and rehabilitating our wonderful historic home so that it can be preserved and enjoyed for many years to come.
Sincerely,
Shea & Julie Salinas
May 9, 2022
Shea and Julie Salinas
1184 Washington St.
Santa Clara, CA 95050
Planning Department
City of Santa Clara
Santa Clara, CA
Variance Request: 1) We are requesting a variance to convert the 2nd story of an existing 2- story barn into a 2nd story accesory dwelling unit.
Project Location: 1184 Washington St. Santa Clara, CA 95050 APN: 269-15-043
Dear Planning Staff & Commissioners:
This application includes plans to transform a 2-story detached barn that has been primarily used for storage and a workshop into a 2nd story accessory dwelling unit, a 1st floor entertaining space/"pool house", and a garage. The existing 1,700 square foot 2-story barn structure is in the rear of 1184 Washington Street. The property is a 10,062 square foot lot located in the Historic "Old Quad", zoned R1- 6L and contains a 2-story residence that is on the City's historic registry. We are requesting a variance to create a 2nd story ADU in the existing detached barn.
We are proposing to transform the existing 2-story, 1,700 square foot, barn into a usable space that will add to the utility of the strucure, not affect the surrounding neighbors, and allow for a more sustainable and efficient use of the property for our family.
We understand that the Planning Commission must make the following four findings in order to grant the variances (Sec 18.108.040). Our justification for the variance is as follows:
(A) That there are unusual conditions applying to the land or building which do not apply generally in the same district:
(1) Unusual Land due to the existing permitted structure location and size.
In 1979 plans were approved to build the back half of the current barn and a height variance was granted for the 2nd story. In 1995, the addition of the front half of the barn was built. The purpose at the time was to have a wood working shop and antiques storage. The functionality and usability of the barn in it's current state is not practical as 1,700 square feet of storage. Our hope is to turn this space into something that is functional and beneficial to us and the community. By allowing this variance you would allow us to add to the value and usability of the unusual 2 story barn. (BJ That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner:
(1) Preserving the Historical Integrity of the House
Converting the existing 2nd floor storage area into an ADU would help support our growing family's needs as well has help us, financially and logistically, to do the necessary renovations and preservation of the historically significant main house. We plan to complete this ADU first so that we could live in it while restoration work is being done on the main residence. Once the main house is completed, renting the ADU would help pay for the costs of the extensive and ongoing preservation of the main house.
2) Provide a separate space for a helper for our family of 6.
We have 4 children - ages 7, 5, 3, and 3 months. Our immediate families live in South Carolina and Texas. Thankfully we have been surrounded by people in our church who love our family and help us juggle the many tasks that come along with having a big family while being involved in the community. We would love to offer a more affordable living location to friends who can continue to help support and be a part of our extended family. This ADU would allow us to have help literally in the back yard.
{C) That the granting of such variance shall not, under the circumstances for the particular case, materially affect adversely the health, saftey, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the applicant's property, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood:
(1) Designed Sensitively to Neighbors
Since the building already exists it will not change or harm the health, safety, peace, morals, comfort, or general welfare of the neighborhood. The proposed accessory structure is located at the rear of the property similar to other accessory buildings on neighboring properties and preserves neighbors' privacy.
In an effort to continue to preserve our neighbors' privacy, all of the 2nd story windows face onto our property (towards our house, driveway or rear yard).
In addition, part of the original request to build the 2nd story of the barn in 1979 was to add privacy from and for a neighboring second story balcony in a multi-family development along the property line. Our design maintains this privacy.
(2). Ample Off-Street Parking
The lot has a long driveway where several cars can park (even side by side) as well as an additional covered carport. Washington Street is also unusually wide and void of many street parked cars in the case that there would ever need to be a car parked on the street. (3) Community Need for Housing
By converting this storage space into housing, the community benefits in the way of desperately needed additional housing. Given that this lot is over 1 Ok SF, which is unusually large for the neighborhood, it can absolutely support an ADU.
(4) Neighboring Multi-family housing
The neighboring property consists of multi-family housing. The addition of an accessory dwelling unit on the side of the multi-family apartments would not adversely affect the neighborhood considering the multitude of rental apartments in the neighborhood and next door. (DJ That the granting of the variance is in keeping with the purpose and intent of this title:
Granting this variance does not allow the property owner to by-pass the developmental requirements for all future buildings proposed, it merely allows for the conversion of an existing 2nd story space to be more functional, assist in an extensive future historical preservation project, and provide a more affordable living space for a supportive community member.
We appreciate you taking the time to consider our project and hope that you agree that it is a good project worth supporting due to the potential better use of the existing structure, the financial and familial support it would bring to our family, the much-needed housing it would add to our community, and the assistance it provides in the historic preservation project and ongoing maintenance of the main structure.
Regards,
Shea and Julie Salinas
Homeowners
City of Santa Clara
Agenda Report
22-1040
REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca .gov
@SantaClaraCity
Agenda Date: 10/6/2022
Consideration of Historic Preservation Agreement (Mills Act Contract), Significant Property Alteration (SPA) Permit, and a Variance request to convert an existing detached two-story structure into an Accessory Dwelling Unit (ADU) and garage at 1184 Washington Street
BACKGROUND
The subject property is listed as a historic resource on the City's Historic Resource Inventory (HRI).
The project is before the Historical and Landmarks Commission (HLC) for a recommendation to the Planning Commission for the Significant Property Alteration Permit, and for a recommendation to the City Council for approval of the Mills Act Contract, including the adoption of a 10-Year Rehabilitation and Maintenance Plan.
The project includes converting an existing detached two-story structure ("barn") with a two-car garage located to the rear of the property to an Accessory Dwelling Unit (ADU) over a one-car garage and storage on the first floor. The project also includes a Variance request for an increased building height of 22 feet and 6 inches for the detached accessory structure. The Variance request will be considered by the Planning Commission along with the Significant Property Alteration and Architectural Review.
DISCUSSION
The subject property contains a three-bedroom and two-bathroom , two-story house of a blend of Gothic Revival and Greek Revival styles of architecture built circa 1861. An updated historical survey (DPR form 523A) was prepared by William Kostura in September 2021 .
Mills Act Contract
The property owners , Robert and Julie Salinas, are requesting approval of a Historic Preservation Agreement (Mills Act Contract) for the property including the adoption of a 10-Year Rehabilitation and Maintenance Plan associated with this historic preservation agreement.
The owner's proposed 10-Year Rehabilitation and Maintenance Plan is attached to this report. Some of the notable work that would be performed under this Plan include repairing banister railing, refinishing the exterior door, replacing broken window panels, replacement of the deteriorating house foundation and utility basement , repair and restoration of the existing historic wood window sashes, adding a master suite and enlarging the kitchen (adaptive reuse), and repainting the entire exterior of the residence.
Significant Property Alteration Permit and Variance
The proposal also includes the rehabilitation of the existing 1,804 square-foot two-story structure located to the rear of the property to create a 958 square foot second story ADU, retaining the one- City of Santa Clara Page 1 of 3 Printed on 9/30/2022
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22-1040 Agenda Date: 10/6/2022
car garage and storage on the first floor. There would be no new square footage added to the structure. The detached structure is located five feet from the rear and three feet from the south side property line. The applicant is seeking a variance for the proposed height of 22 feet and 6 inches for the detached second story ADU, exceeding the maximum allowed height of 16 feet. Variance requests require approval by the Planning Commission. The applicant's Variance justification letter is available as Attachment 7 and the proposed development plans are available as Attachment 8 to this report for reference.
Changes proposed to the existing barn structures are primarily exterior modifications and include the addition of windows, skylights, and doors. The DPR states that the barn was constructed after 1961 and is not a contributing feature to the historic significance of the property. The historic main house and its immediate setting will remain untouched and preserved. No changes to the main dwelling unit are proposed.
Variances are limited to those situations where the peculiar physical characteristics of a site make it difficult to develop under standard regulations. The staff has determined that there are specific physical or unique circumstances for the owners to comply with the City's zoning standards as they propose to rehabilitate the existing two-story detached structure. To maintain the existing footprint and the original use of the structure, the design proposes a two-bedroom, one-bathroom second story ADU. The first floor will be occupied by a one-car garage, a new half-bathroom, and storage. A variance for the increased height of 23 feet and 6 inches would be necessary to rehabilitate the existing two-story structure as an accessory dwelling unit.
The applicant commissioned a Secretary of the Interior's Standards (SIS) evaluation, prepared by Leslie A. G. Dill of Archives & Architecture LLC, dated July 11, 2022. The SIS evaluation concludes that the proposed project meets the Secretary of the Interior's Standards for the Treatment of Historic Properties - Rehabilitation Standards. The evaluation found that the proposed project preserves the historic integrity of the property and continues to convey an authentic mid-nineteenth-century building, with methods and materials of construction.
Conclusion
There is no effective change of use for this residential property. The proposed alterations are only proposed to the existing two-story structure and the integrity of the main house as a historic resource is preserved. In addition, staff finds that the work proposed under the 10-Year Restoration and Maintenance Plan adheres to the Secretary of the Interior's Standards for Rehabilitation and incorporated into the Preservation Treatment plan as necessary. Given the age, historic integrity, and the proposed 10-Year Restoration and Maintenance Plan, staff supports a Mills Act Preservation Agreement for the property. A copy of the draft contract is also attached to this report as Attachment
2. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15303 - New Construction or Conversion of Small Structures, in that the project is limited to the rehabilitation of the existing detached two story structure to a second-story City of Santa Clara Page 2 of 3 Printed on 9/30/2022
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22-1040 Agenda Date: 10/6/2022
ADU, one-car garage and storage.
PUBLIC CONTACT
On September 22, 2022, a notice of public hearing of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. No public comments have been received at the time of preparation of this report.
RECOMMENDATION
Staff recommends the Historical and Landmarks Commission find that the house will retain sufficient integrity as a significant example of an outstanding blend of Gothic Revival and Greek Revival styles of architecture and the impact of the proposed conversion of the existing detached structure to an Accessory Dwelling Unit is not significant, and recommend approval of the following:
1) That, based upon the analysis and findings of the historical evaluation, the Commission forward a recommendation to the City Council for approval of the Mills Act Contract application, including the adoption of a 10-Year Rehabilitation and Maintenance Plan associated with this historic preservation agreement; and,
2) That, based upon the analysis and findings of the historical evaluation, the Commission forward a recommendation of approval for issuance of a Significant Property Alteration (SPA) Permit and Variance to the Planning Commission, subject to the conditions of approval.
Prepared by: Nimisha Agrawal, Associate Planner
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Historical Survey (DPR 523A)
2. Draft Historic Preservation Agreement (Mills Act Contract)
3. Secretary of the Interior's Standards for Rehabilitation
4. 10-Year Restoration and Maintenance Plan
5. Secretary of the Interior's Standards Evaluation
6. Conditions of Approval
7. Variance Justification Letter
8. Legal Description
9. Development Plans
City of Santa Clara Page 3 of 3 Printed on 9/30/2022
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State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary# ________ _____ _
HRI# __________ ___ _
Trinomial -~-----------= NRHP Status Code _________ _
Other Listings _______________ _________ _
Review Code____ Reviewer_________ Date- ----~
Page __j_ of ---2.9__ *Resource Name or#: (Assigned by recorder) 1184 Washington Street P1.
P2.
*P3a.
Other Identifier:-----------------------------------
Location: □ Not for Publication ■ Unrestricted *a: County _s-a-nt_a~C~l-ar-a~--- and (P2c,P2e, and P2b or P2d . Attach Location Map as nece ssary.) *b. USGS 7.5' Quad _____ Date ___ T _ ; R __ ; __ ¼ of __ ¼ of Sec __ ; ___ B.M. c. Address 1184 Washington Street City ~s~a~n~ta~C=la~ra _______ Zip ~8-5_0_50 ___ _ d. UTM: (Give more than one for large and/or linear resources) Zone mE/ ____ mN *e. Other Locational Data: (e.g., parcel#, directions to resou rce, elevation , etc., as appropriate) Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Old Quad
This property falls within the Old Quad area of Santa Clara, which contains hundreds of houses dating from the 19th century through the 1930s, along with many newer buildings. It encompasses the area bordered by Scott Boulevard to the west, Newhall Street to the south and east, and the railroad tracks to the north and east.
(See Continuation Sheet, page 2.)
*P10. Survey Type: intensive
P11 . Report Citation*: (Cite survey report and other sources, or enter "non e".) *P3b Resource Attributes: (List
attributes and codes ) __
*P4. Resources Present:
■ Building □ Structure □ Object
□ Site □ District □ Element of
District □ Other (isolates, etc.)
P5b. Description of Photo:
(View, date)
View looking west
*P6. Date Constructed/Age and
Source: ■ Historic
□ Prehistoric □ Both
1850s or early 1860s
*P7. Owner and Address:
Julie and Shea Salinas
1184 Washington Street
Santa Clara CA 95050
*PB. Recorded by: (Name,
affiliation , and address)
William Kostura
Po Box 60211
Palo Alto CA 94306
*P9. Date Recorded:_
September 2021
*Attachments: □ NONE □ Location Map □ Sketch Map ■ Continuation Sheet ■ Building, Structure and Object Record □ Archaeological Record □ District Record □ Linear Feature Record □ Milling Station Record □ Rock Art Record □ Artifact Record □ Photograph Record □ Other (List)
DPR 523A (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
Page _2_ of ..29_ Resource Identifier: ......w11..,,.8'-'-4_._W....,a..,,.s ..... hi-'--"ng,...t..,on-'-""'St.,_,re....,,.e._._t ________ _ Recorded by William Kostura *Date September 2021 II Continuation □ Update Description (continued)
The area immediately surrounding the subject house is a mix of older and newer houses. Older houses include 1091 Fremont, which has been dated 1868; very fine Queen Anne houses, perhaps the best of this style in the city, at 1116 Washington and 981 Fremont (both 1892); a large Classical/Colonial Revival house at 1179 Washington (1905); and a large Craftsman bungalow at 1061 Fremont ( ca. 1918).
Three houses from about the 1930s can be found at 908, 925, and 936 Fremont. More modern houses include 1010, 1011-1025, and 1155 Fremont, and a pair of houses plus apartments at 1124 Washington.
The older houses are more numerous and more conspicuous than the newer ones, and as a result the immediate neighborhood has a historic feel to it.
The subject property
Grounds and outbuildings
The subject property consists of a house, a barn, a garage, and a pool house on a suburban lot measuring 66 feet in width by 152 '-6" in depth. The garage is a small, inexpensively-built wooden building that shows on a 1961 Sanborn map and thus most likely dates to the mid-20th century. The barn is a two story gabled building clad in board-and-batten siding; its sliding doors are filled diagonal boards. It does not show on the 1961 Sanborn map, and therefore must post-date that year, although it looks older.
The pool house resembles the barn in its materials - board and batten siding, and doors with diagonal boards. Given their similarities, it was probably built at about the same time as the barn. The landscaping is also recent. This consists of a picket fence on a low brick wall in front, brick pathways in the front and back yards, and a swimming pool in the back.
The house
The house is two stories in height, sits on a brick foundation, is wood-framed in constrnction, has a cross-gabled roof with boxed eaves, and is clad in beveled siding. In plan it is T-shaped, with a broad block in front that contains the living room and bedrooms; and a narrow stern centered in the rear containing the kitchen. The front block measures roughly forty feet in width by sixteen feet in depth, while the stern to the rear is approximately fifteen feet wide by 25 feet deep.
One of the angles between these two blocks, at rear-left as one faces the house (at the southwest corner), is mostly filled by a one-stmy addition that has a shed roof. A 1915 Sanborn map shows this addition with a dotted line, indicating a porch with open sides; but now the walls are filled with bevel siding, which must have been added at a later date.
(See Continuation Sheet, page 3.)
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
Page _3_ of~ Resource Identifier: --i...11...,..8=4--"-W_....a..,.s"-'hJ.1.Jio~gt,...o""'n_,,.S..,..tr_,_,_P..,,et.___ _______ _ Recorded by William Kostura *Date September 2021 11 Continuation □ Update Description (continued)
The composition of the front block is symmetrical on all three of its sides. In the front wall, a squeezed gable in the center of the roofline is directly over a second st01y window and the main entrance. Four windows can be found in the first story, two to either side of the entrance. On the north and south sides of the front block the composition is again symmetrical, with two evenly-spaced windows in each story.
Brick chimneys rise from the ridgeline of the roof, each just a foot or two from the north and south sides.
This syrnmetly is broken up in the rear stern of the house. On the north side of the stern, one small window is in the second st01y, while the first st01y has (from left to right) an entrance and two windows, all evenly spaced. The rear wall of this stem has two evenly-spaced windows in the second st01y, and an entrance and a window in the first. As mentioned above, the south side of this rear stern is largely filled by the early addition. However, two small windows are visible in the second story, above this addition.
The style of the house is predominantly Gothic Revival, though there is a notable Greek Revival element as well. The Gothic elements include carved bargeboard in the squeezed front gable and a drip mold over the second story window, just below the gable. The steep pitch of the gables enhances the Gothic feeling.
The primaiy Greek Revival element is the front entrance. Here, a shallow, cornice with a curved soffit and a frieze are supported by pilasters with restrained Doric capitals and blocky bases. Incised stripes add detailing to the frieze and pilasters. Within this framing are a paneled door with a transom window, transom bar, and sidelights. The door has four panels, those at the top being taller, with arched heads.
Sidelights are narrow, with five lights each. Although the classical details of this entrance composition are restrained, they are a clear expression of the Greek Revival style. Hardware on this door include a ceramic knob, circular brass knob plate, and an ornamental iron ringer with ceramic handle. All of these elements appear to be original or ve1y early.
A simpler version of this enti·ance is found on the north side of the rear stern. Here, a paneled door with glazing is flanked by sidelights with four lights each. These are trimmed by flat boards within a thin surrounding molding.
With one important exception, nearly all of the windows in this house have six-over-six sash with what appear to be original rnuntins. The main exception is the second story window under the front gable. It is a paired casement with four lights per casement. Smaller windows in the upper st01y of the rear stern and in the addition on the south side also depart from the six-over-six pattern. (See Continuation Sheet, page 4.)
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
Page _A_ of ...2.9._ Resource Identifier: _1.w1'""8'-'-4__,_W.,_,,2..,.s"'"'"b ...... io.,._gt""'o"-'-n..,_S,..,_tr_,._ee...,t ________ _ Recorded by William Kostura *Date September 2021 II Continuation □ Update Description (continued)
The corners of this house are lined or enclosed with extremely na1rnw panels ( or battens) that are incised with vertical lines. These incised lines relate to the incised pilasters and frieze in the main entrance.
A screen door in the west wall of the rear stem most likely dates to the early 20th century. It has wooden spindles and a metal pull and strap hinge.
To summarize, all elements of the exterior appear to be original, or very early, except for the one-story addition on the south side that fills the angle between the front block and rear stem, and the screen door in the rear. A few windows in the second story of the rear were not closely observed, and so their dates are unce1iain.
The interior has a number of imporiant early or original features. These include a staircase with a tapering newel post, turned balusters, and wooden railing; an ornamental metal gas light fixture with a glass globe (now electric); fireplaces with carved wooden mantels; a metal vent grille with an ornamental pattern; and a fir floor.
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BUILDING, STRUCTURE, AND OBJECT RECORD
Page --5._ of ...2.9__ *NRHP Status Code _______ _
*Resource Name or# (Assigned by recorder) 1184 Washington Street B1. Historic Name: _ __,,C.,.a.,_ly"-"jnu..i...,R-u...,ss..,,e=U_._h'-'-'o...._us"'"'e.,__ _________________________ _ B2. Common Name:----------------------------------
63. Original Use: residence B4. Present Use: _ ____.r.,,.e""sj,.._de,..,n.,,c,.,.e....__ ____________ _ *85. Architectural Style: _ __,_G..,o"""tb.wic...._R...,.e,.._v,u.jv...,.a.,_I _________________________ _ *86. Construction History: (Construction date, alterations, and date of alterations) Built in the 1850s or early 1860s.
*87. Moved? II No □ Yes □ Unknown
*BB. Related Features:
Date: _____ Original Location: __________ _
none
B9a. Architect: unknown b. Builder: ___,p,..r_o_ba-b...,ly,._._C-af=v=in~R~w-s-s-el~l----------- *B10. Significance: Theme ________ Area ~S~a=□-ta~C_la=ra ________________ _ Period of Significance _______ Property Type resjdence Applicable Criteria ___ _ (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) History
This section will cover the history of the Old Quad neighborhood of Santa Clara; the history of the subject house; and a list of Greek Revival and Gothic Revival houses in Santa Clara that puts the architectural history of this house in context.
Old Quad histmy
The Old Quad covers the quadrangle shown in an 1866 survey by J.J. Bowen. It encompasses the area bordered by Scott Boulevard to the west, Newhall Street to the south and east, and the railroad tracks to the north and east. The area includes Santa Clara University, which was once the site of Mission Santa Clara. Generally speaking, the Old Quad is the oldest part of Santa Clara. The overwhelming majority of its historic buildings are located here.
(See Continuation Sheet, paJZe 6.)
(Sketch map with north arrow required)
B11. Additional Resource Attributes: (List attributes and codes) *812. References:
See Continuation Sheet, pages 17-18.
B13. Remarks:
*814. Evaluator: ..,W......,.jll ... ia.u.ro .... K....,o..,.s...,tu..,.r..,.a _________ _ Date of Evaluation: ... s .... e..,p,...te.._m ... b,...e .... r .. 2.,.0_21..__ ________ _ (This space reserved for official comments.)
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DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page _fi._ of __29_.
Recorded by William Kostura
Old Quad histo1y (continued)
Primary#
HRlfTrinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 II Continuation □ Update
Major factors in Santa Clara's growth and economy include:
1777. Founding of Mission Santa Clara de Asis by the Franciscan order of Spain. This mission was secularized by Mexico in 1833 but the mission chapel continued to function as a church afterward.
It was enlarged and rebuilt several times over the next century. 1851-present. After the takeover of California by the United States, Jesuits acquired the mission and established Santa Clara College in 1851. It became known as the University of Santa Clara in 1912 and as Santa Clara University in 1985. The older buildings on this campus date to the period 1911-1930 and were designed by architects Will D. Shea, John J. Donovan, and Henry A. Minton.
The chapel of 1928 was designed by Minton to replicate the old adobe mission building of ca. 1824. 1852. The City of Santa Clara incorporates.
1863. The railroad connecting San Francisco and San Jose reaches Santa Clara. The railroad depot still stands, now at 1005 Railroad Avenue.
1885-1990s. Agnew's State Hospital. The Victorian building of 1885 collapsed in the earthquake of 1906, with great loss of life. New buildings were built from 1908 through the 191 Os to designs by the State Architect George C. Sellon. After the campus was sold to Sun Microsystems in the late 1990s, only the best four of the Agnew's buildings were retained, and the rest were demolished. l 890s-1950s. Santa Clara Tannery. This long-lasting business occupied many wooden buildings at the no1theast corner of Lexington and Grant streets.
l 890s-l 960s. The Pacific Manufacturing Company was a huge business occupying many buildings in the block of Alviso, Bellomy, Grant, and Locust streets, plus warehouses and sprawling lumber yards in adjacent blocks. It made coffins, window sash, doors, blinds, cabinets, and windmills. 1910s-1960s. Fruit canning. There were several canneries in Santa Clara during these decades, and of these three were the largest and longest lasting: Rosenberg Brothers and Company; the Pratt-Low Preserving Company; and Libby, McNeill and Libby. Pratt-Low's complex included a huge one story cannery building plus 25 seasonal workers' cabins in 1915, and by 1950 it had expanded to include over 100 workers' cabins. By 1950 Rosenberg Brothers had absorbed Libby, McNeill and Libby, and by 1961 Rosenberg Brothers had been taken over by the Mayfair Packing Company.
Collectively, these canneries must have been the largest employers in the City of Santa Clara during most of the 20th centu1y.
(See Continuation Sheet, page 7.)
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DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Pagel of...29_
Recorded by William Kostura
Old Quad histmy (continued)
Primary#
HRlfTrinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 11 Continuation □ Update
1960s-present. The semiconductor indust1y becomes imp01iant in Santa Clara. 1963. The city's old downtown is razed in order to receive funding from the federal government for urban renewal.
To the above list should be added Santa Clara's close proximity to the city of San Jose, where some Santa Clara residents worked.
The demolition of the city's old downtown was a major loss, and as far as is known none of the tannery, frnit canning, or Pacific Manufacturing buildings still stand. The built environment in Santa Clara is nevetiheless able to represent, or evoke, most of the other impotiant themes in Santa Clara's early history. An adobe house at 3260 The Alameda (now the Santa Clara Women's Club) is a ca. 1790s building that was paii of the Spanish-era mission complex. The Benyessa adobe at 373 Jefferson Street (late 1840s) represents the Mexican or ve1y early American period. Two properties evoke Santa Clara's early agricultural economy. The older is the James Lick flour mill complex, at 4101 Lick Mill Boulevard, at Mansion Park Drive. Its four buildings were built in 1857, the 1860s, and the 1880s and include a granary, a house, an office, and a hall. The Harris-Lass house at 1889 Market Street ( 1865) includes a farmhouse, a barn, a water tank, and farming implements. As mentioned above, four early twentieth centuty buildings survive at Agnew's State Hospital, and about eight buildings from 1911-1930 survive at Santa Clara University.
Most prolifically, the Old Quad area is filled with hundreds of 19th and early 20th century houses that retain good to high integrity. A few houses date to the 1850s, a moderate number date to each decade of the 1860s, 1870s, and 1880s, and ve1y many date to the 1890s-1930s. While it is beyond the scope of this report to describe these houses in any detail, it can be said that they range from modest, vernacular working-class houses to large houses built for the well-to-do. Houses in the latter group are often elaborately decorated, but smaller houses, especially those built before the 1920s, often possess fine details as well.
Because the subject house is a blend of Gothic and Greek revivals in style and dates from the 1850s or slightly later, a number of similar houses are illustrated below for purposes of historic context. (See Continuation Sheet, page 8.)
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CONTINUATION SHEET
Page....8._ of_29..__
Recorded by William Kostura
Histmy of the subject house
Primary#
HRlfTrinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Section 8.9 of the City of Santa Clara's General Plan is entitled "Historic Preservation and Resource Inventory." In this document, which is on the internet, the subject house is called the Russell-Robinson house and is dated 1861. Another page of the city's website, "Historic Properties," states that the front block was built in about 1860 and was added to an older house already standing. The first, or first known, owner was a carpenter named Calvin Russell, who purchased the property in 1856. After his death, his widow continued to live here through 1887, and she sold the house in 1891 to drnggist John G. Robinson and his wife Maiy. For this report, primaiy research was performed to support or question the above information.
It seems unlikely that the rear part of the house was built first and that the front part was added to it in 1860 or 1861. Because it was common to build a kitchen wing at the rear of a house, and because the bevel siding and six-over-six windows are the same in both the front and rear parts, it seems much more likely that the entire house was built at once. (This does not count the low addition that fills the angle at the southwest comer, which was added after 1891.) Another similarity between the front and rear parts is the use of similar sidelights in the front entrance and in the entrance on the north side of the rear stem; this also argues that the front and rear parts were built at the same time.
From the style of the house, a constrnction date of the 1850s or 1860s is all but certain. The Greek Revival style was most common in northern California during the 1850s, and Gothic Revival was common in the 1850s and 1860s. The latter was only rarely built during the 1870s. On balance, an 1850s constrnction date for this house is most likely. Please see a further discussion of the occurrence of these styles in Santa Clara below.
The first owner and builder was probably Calvin Russell. He was born in Pennsylvania in 1807 or 1808, and his wife Eliza was born in the same state in about 1816. They arrived in Santa Clara at an early date, some time during the 1850s. Charlene Duval, a Santa Clara County historian, states that he does not show up in the 1850 or 1852 tax assessment rolls for the county, but he is listed here in the 1852 state census. The next three U. S. censuses, of 1860, 1870, and 1880, all show the Russells living in the city of Santa Clara and owning real estate ($1,050 in 1860 and $5,000 in 1870). In all three censuses his occupation is listed as that of a carpenter. When Calvin Russell died in 1886, a brief newspaper notice stated his estate consisted of $3,800 worth ofreal estate.
None of these censuses list addresses. Two sources, however, tie the Russells to the subject site. One is the city's website, which states that Russell purchased this property in 1856. Shortly after Calvin's death, a newspaper notice announced that any creditors of his should see the administratrix of his estate, (See Continuation Sheet, page 9.)
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DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page _JL of --29-
Recorded by William Kostura
Hist01y of the subject house (continued)
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation D Update
Eliza A. Russell, at her residence at the southwest comer of Washington and Fremont streets ( site of the subject property). While more documentation would be desirable, the above sources strongly suggest that Calvin Russell built this house as his and Eliza's residence soon after 1856 and that they lived here until his death in 1886. He worked as a carpenter at least through 1880 and must have built many houses in Santa Clara, though none of these other houses are known of.
The next known owners were John G. and Maiy A. Robinson. They were each born in about 1854, he in Oregon and she in California. The city's website states that they bought the house in 1891. They were listed as living here in city directories beginning in 1896 and in censuses through 1940.
Mary Ann Robinson was born in 1852 on her family's ranch in Lawrence, Santa Clara County. Her parents were James Enright and Margaret (Duncan) Enright. A relative of her mother is said to have been Isadora Duncan, who was a native of San Francisco. Although Isadora Duncan lived in Europe and New York after becoming a dancer, according to the city's website she once performed at this house.
John G. Robinson was born in 1850 in Oregon Ten-itmy. In 1870 he was living in the town of Santa Clara and working as a druggist. In 1880, still single, he worked as a druggist in Colusa, which he continued to do for "many years," according to his obituary. At an unknown date he returned to Santa Clara, married Maty Emight, opened his pharmacy at 1072 Franklin Street, and (by 1896) purchased and moved into 1184 Washington Street. He retired some time between 1910 and 1920 and lived in this house until his death in 1931. His wife's widowed sister, Mrs. Louise Reidy, moved in with her, and they continued to live in this house until Maiy's death in 1941.
Gothic Revival and Greek Revival houses in northern California and Santa Clara Ancient Greek architecture was rediscovered by western European architects in the mid-18th century and influenced American architecture by the early 19th centu1y. In the United States, the War of 1812 aroused renewed antagonism against England, and by extension, against English models for architecture, leaving the way clear for new styles in this countly. One of the first American examples of the Greek Revival was the Bank of the United States, in Philadelphia (1818). Fmiher interest in this style was generated by American sympathy for Greece in their war of independence during 1821-1832. Published carpenter guides and pattern books by Asher Benjamin and Minard Lefever disseminated Greek Revival details nationwide. In her book A Field Guide to American Houses (2015), Virginia Savage McAlester estimates that, among domestic examples, the Greek Revival style was common in the United States from about 1830 into the early 1860s. It began in east coast cities, where it faded during the 1840s, but persisted in rural and midwestem areas where newer styles were slower to take hold. (See Continuation Sheet, page 10.)
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CONTINUATION SHEET
Page -1.Q_ of ---29.._
Recorded by William Koslll[a
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Gothic Revival and Greek Revival houses in northern California and Santa Clara (continued) Greek Revival became so popular in the United States, and so ubiquitous in some places, that a reaction naturally arose against it and during the 1840s it was replaced by more picturesque styles, principally the Gothic Revival. This style had debuted in England in 1749 but did not make its first notable appearance in the United States until 1832, when the architect Alexander Jackson Davis designed a Gothic house in Baltimore. Davis' book Rural Residences ( 183 7) promoted the style, and his friend Andrew Jackson Downing spread the style further with two very popular books of his own, Cottage Residences (1842) and The Architecture of Country Houses ( 1850). The style remained popular for houses in the United States through about 1865, and then declined.
In San Francisco during the 1850s, it is not easy to point to a predominant domestic style. Most houses were inexpensive and were squeezed onto narrow lots and did not exhibit prominent style details. Many of these had front-gabled roofs with proportions roughly equivalent to those on Greek Revival houses, and some historians label these houses as Greek Revival for this reason. A small number had genuine Greek Revival details such as pediment returns in the gable, shallow-pitched pediments over the windows, or Doric capitols at the tops of porch posts, and these were more truly deserving of the style name.
Gothic Revival houses were perhaps not more common in San Francisco but were certainly more conspicuous. A few very dramatic examples were built on Rincon Hill in the 1850s, along with some lesser ones, and a few notable Gothic houses were built on Russian Hill. In every neighborhood many small houses could be found whose gables were decorated with band-sawn bargeboard, a signature of the "Carpenter Gothic" style.
Not many examples of either style remain in California. Weaverville, in Trinity County, has several ( or more) houses with shallow-pitched pediments over the windows, and these are properly styled Greek Revival. A small number of others are in Nevada City. Gothic Revival houses, again, are more conspicuous. These include the Frisbie house in Benicia ( ca. 1849); the Vallejo house, "Lacryma Montis," in Sonoma (ca. 1850); the Mary Aaron house in Marysville (1855); the Red Castle in Nevada City (1860); and the J. Mora Moss house, "Mosswood," in Oakland (1864). The Abner Phelps house in San Francisco (ca. 1851) is a blend of the two styles. It has a full-width porch that is Greek Revival in feeling plus Gothic Revival bargeboard in the front and side gables. The oldest house in Alameda, the Webster house on Versailles Avenue (1854) is Gothic Revival in style. There are others of both styles, but they are rare.
(See Continuation Sheet, page 11.)
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DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page...1L of.2B_
Recorded by William Kostura
Primary#
HRlfTrinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Gothic Revival and Greek Revival houses in northern California and Santa Clara (continued) In Santa Clara at least nine houses exhibit features that are associated with one or both of these styles. A list follows, with constrnction dates taken mainly from the city's website:
* The Berryessa adobe at 373 Jefferson Street (1840s). This house has Greek Revival pediments over the windows and doorway, and Gothic bargeboard in the gable facing the street. * The subject house, 1184 Washington Street (1850s or early 1860s). As mentioned above, it has Gothic bargeboard in the front gable, a Gothic drip mold over the window beneath this gable, and a Greek Revival main entrance.
* 1158 Main Street ( estimated 1855-1889). This house has no style details. The proportions of the gabled roof and the full-width porch suggest the Greek Revival style, however. * 1206 Main Street ( 1865). This house is a blend of Greek Revival and Italianate styles. The pediment returns in the gable and the porch columns with simple Doric capitals are the Greek elements. * The Harris-Lass house, 1889 Market Street (1865). The square porch columns with molded caps and incised vertical strips are ever so slightly reminiscent of the Greek Revival style. * 1217 Santa Clara Street (dates variously given as 1867 and 1875). The pointed arch window and the squeezed gable are the Gothic elements. Triangular pediments over the windows could be considered either Greek or Italianate, while quoins at the corners are Italianate. The cross-bracing in the gable and the porch may indicate a later construction date.
* 1404 Lincoln Street (dates given as "1880" and "ca. 1880s"). This house looks much older than the given dates. It has a plain gabled roof and a wrap-around porch with molded capitals. There are no strong style details, but it is closer to Greek Revival than anything else. * 1490 Santa Clara Street ("ca. 1880s"). Again, this house looks older than the estimated date. The very steeply-pitched squeezed gable is a strong Gothic element, while the rounded pediment over the second story window is a hint of Greek Revival.
* 466 Madison Street (1885). The Gothic element is the steeply-pitched squeezed gable. A triangular pediment over the second story window, very shallow-pitched pediments over the first story windows, and a porch with square columns suggest the Greek Revival style. (See Continuation Sheet, page 12.)
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Page --12- of ...2.9_
Recorded by William Kostura
Primary#
HRlfTrinomial
Resource Identifier: -~11~6 ..... 4~W=;ci=s~b=i□,.,,,g""'to=□~S~tc~e=et,.__ _______ _ *Date September 2021 ■ Continuation □ Update
Gothic Revival and Greek Revival houses in northern California and Santa Clara (continued) As one can see, most of these houses were designed as blends of styles. Their mostly anonymous builders obviously felt free to incorporate elements that they were familiar with in order to produce a pleasing effect. For the most part, ornament was restrained and was applied as accents to a design where fine proportions and a harmonious composition were the most important considerations.
The subject house is remarkable in a number of ways. The barge board in the gable is the best in Santa Clara and compares favorably with that in most Gothic houses elsewhere in the state. The drip mold over the window was a once-common feature among Gothic Revival houses, but is now very rare. The Greek Revival entrance is also now exceedingly rare; this may be the best surviving example in the state. Also imp01iant are the house's six-over-six windows. While such windows were not representative of any paiiicular style, they were typical of the 1850s and early 1860s. It is now very rare to find so many windows of this type in a house that is this old.
Integrity
The seven factors of integrity are location, design, materials, workmanship, feeling, association, and setting. Regarding the subject house:
It has never been moved, so it retains integrity of location.
The one-st01y addition that fills most of the angle between the front block and the rear stem on the south side is the only alteration of note. The front of the house and the no1ih side appear to be unchanged.
Thus, the house retains integrity of design, materials, and workmanship. In paiiicular, the survival of so many six-over-six windows is very remarkable for a house of this age and they represent the workmanship of this period in a way that very few other houses do.
The Gothic Revival bargeboard and drip mold and the Greek Revival entrance are strong style features.
They, along with the beveled siding and the six-over-six windows are strongly representative of houses of the period. Thus, this house retains integrity of feeling.
Early occupants of this house would ce1iainly recognize it as the house they had lived in, and so it retains integrity of association.
The front and back yards of this house have been changed with new landscaping and out-buildings, and so this property's internal integrity of setting has been lost. However, several 19th century and early 20th century houses still stand in the immediate neighborhood, so the external setting is largely intact.
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Page _13_ of ...29-
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 11 Continuation □ Update Evaluation to California Register criteria
The California Register of Historical Resources (California Register) is an inventory of significant architectural, archaeological, and historical resources in the State of California. Resources can be listed in the California Register through a number of methods. State Historical Landmarks and National Register-listed propetiies are automatically listed in the California Register. Properties can also be nominated to the California Register by local governments, private organizations, or citizens. The evaluative criteria used by the California Register for determining eligibility are closely based on those developed by the National Park Service for the National Register of Historic Places.
In order for a property to be eligible for listing in the California Register, it must be found significant under one or more of the following criteria:
* Criterion 1 (Events): Resources that are associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States.
* Criterion 2 (Persons): Resources that are associated with the lives of persons important to local, California, or national history.
* Criterion 3 (Architecture): Resources that embody the distinctive characteristics of a type, petiod, region, or method of construction, or represent the work of a master, or possess high atiistic values.
* Criterion 4 (Information Potential): Resources or sites that have yielded or have the potential to yield information important to the prehisto1y or histo1y of the local area, California, or the nation.
This criterion typically applies to archaeological remains, which are not being addressed in this report.
Criterion 1 (Events)
This house was built in the 1850s or early 1860s. Only two houses in Santa Clara - the cunent Santa Clara Women's Club (ca. 1790s) and the Berryessa adobe at 373 Jefferson Street (ca. 1840s) are definitely older, and only several other houses have estimated constmction dates that are about as old.
Because of its constmction date and high integrity, this house represents, as vety few are able to, the very early history of Santa Clara when the town was still largely rural. Accordingly, it appears to be eligible for the California Register at the local level under this criterion. The Period of Significance under this criterion is from the 1850s (the most likely construction date) through the 1910s, when much of the Old Quad area was still being developed.
(See Continuation Sheet, page 14.)
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CONTINUATION SHEET
Page _1A._ of --29_
Primary#
HRlfTrinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Evaluation to California Register criteria (continued)
Criterion 2 (Persons)
Calvin Russell was a carpenter and almost certainly built this house as his own residence; and it seems likely that he built other houses in Santa Clara, perhaps very many. If it could be shown that he did so, he would emerge as an important person in Santa Clara's architectural history, and this house would probably be eligible under this criterion. Such evidence is lacking at present, however, and so this house does not now appear to be eligible under this critetion.
Criterion 3 (Architecture)
This is an outstanding blend of Gothic Revival and Greek Revival styles. The carved bargeboard in the gable is crisp and distinctive, and the Gothic feeling impatied by that bargeboard is suppmied by a drip molding over the window below. The Greek Revival entrance consists of a small cornice, an incised frieze, incised pilasters with capitals, sidelights, and a transom, and is very fine. Other elements of the house, most notably the paneled door, six-over-six windows, beveled siding, and boxed eaves are typical of the 1850s and greatly add to to the feeling of an 1850s house. The corner panels or battens are unusual; their incised lines relate to those in the main entrance and contribute to the stylistic feeling.
The entrance on the north side is a simpler version of the main entrance and relates to it visually.
In sum, this is a carefully-designed house that effectively blends the two styles that were most prominent in Santa Clara in the 1850s and early 1860s and is easily one of the best houses of that period in Santa Clara. For these reasons this house appears to be eligible for the California Register at the local level under this criterion. Because so few houses of these styles still stand with high integrity in California, and because this is a good example of a blend of these styles, it also appears to be eligible at the state level. The Period of Significance is the l 850s-l 860s, the likely date of construction.
Contributing features
The contributing features of this house are:
* The T-shaped footprint
* The cross-gabled roof with boxed eaves
* The bevel siding
* All six-over-six windows and the fixed window in the front gable, and their trim (See Continuation Sheet, page 15.)
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ---1.5_ of ...29._
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Evaluation to California Register criteria ( continued) Contributing features (continued)
* The carved bargeboard in the front gable
* The drip mold over the window below that gable
* All parts of the Greek Revival front entrance and the more restrained entrance on the north side, including trim
* The front door and its hardware
* The narrow, incised panels ( or battens) at the comers of the house.
Non-contributing features include:
* The brick foundation.
* The one-story addition that fills most of the angle on the south side of the house * Small second story windows on the south side, directly above that addition * The barn, the pool house, and the landscaping
The interior features mentioned on page 4 are fine, but are not listed here as either contributing or non contributing.
The screen door in the rear of the house looks old, but it cannot be dated with any confidence and probably post-dates any possible Period of Significance. Thus, it should probably be counted as a non contributing element, too.
Evaluation under City of Santa Clara criteria
The Criteria for Local Significance were adopted on April 20, 2004, by the City of Santa Clara City Council and are listed under Section 8.9.2 of the City of Santa Clara General Plan, Criteria for Local Significance. Under this section of the General Plan, any building, site, or property in the City that is 50 years old or older and meets certain criteria of architectural, cultural, historical, geographical or archeological significance is potentially eligible.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page -1.6.... of -29._
Recorded by William Kostura
Primary#
HRlfTrinomial
Resource Identifier: -~11~8~4~W~a-s=b=i□..,g-to=□~S~tt-e~et~-------- *Date September 2021 II Continuation □ Update
Evaluation under City of Santa Clara criteria ( continued) The subject property appears to most clearly meet the following local criteria:
Criterion for Historical or Cultural Significance
1. The site, building or property has character, interest, integrity and reflects the heritage and cultural development of the city, region, state, or nation.
By virtue of its very early constmction date and high integrity, and its ability to evoke early Santa Clara history, this house appears to meet this criterion.
5. A building's direct association with broad patterns of local area history, including development and settlement patterns, early or important transportation routes or social, political, or economic trends and activities. Included is the recognition of urban street pattern and infrastmcture.
Similar to the above argument, this house is associated with Santa Clara's early development.
Criterion for Architectural Significance
1. The property characterizes an architectural style associated with a particular era and/or ethnic group.
This house is an outstanding example of a blend of the Gothic Revival and Greek Revival styles of the l 850s-l 860s.
6. A building's unique or uncommon building materials, or its historically early or innovative method of construction or assembly.
Some of the house's materials, namely the bevel siding and six-over-six windows with thin muntins, were not unique or uncommon during the time it was built, but have become rare since then. These are very important features of the house.
7. A building's notable or special attributes of an aesthetic or functional nature. These may include massing, proportion, materials, details, fenestration, ornamentation, artwork or functional layout.
The cross-gabled roof, T-shaped footprint, Gothic and Greek style features, bevel siding, corner panels or battens, and six-over-six windows combine to evoke the massing, ornamental, and aesthetics and construction techniques of the 1850s-1860s. (See Continuation Sheet, page 17.)
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page -1L of _.29_
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Evaluation under City of Santa Clara criteria (continued) Criterion for Geographic Significance
1. A neighborhood, group or unique area directly associated with broad patterns of local area history.
Most of the houses in the immediate vicinity of the subject house date to the 19th and early 20th centuries. Together they form a concentration of houses that evoke Santa Clara's early history.
References
Censuses and city directories
U. S. censuses of 1860, 1870, and 1880 for Calvin and Eliza Russell, in Santa Clara.
U.S. censuses of 1900, 1910, 1920, 1930 and 1940 for John G. Robinson, Mary A. Robinson, and louise E Reidy, in Santa Clara.
San Jose/Santa Clara city directories of 1896-1912 for John G. Robinson, in Santa Clara.
City of Santa Clara
Section 8.9 of the City of Santa Clara's General Plan, "Historic Preservation and Resource Inventory." Listing for this house.
City of Santa Clara website. "Historic Properties." Brief history of this house.
Marriage and death records
Ancestry.com. Marriage records. Mmy A. Emight to John G. Robinson, in 1886.
Ancestly.com. Death records.Ma1y A. Robinson, in 1941.
Newspaper articles
"Died." San Jose Mercwy News. June 12, 1873. Death notice for Joseph G. Russell. "Petitions Filed Today." San Jose Mercury News. Februa1y 8, 1886. (See Continuation Sheet, page 18.)
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI/Trinomial
Page ....18._ of _29_ Resource Identifier: -~11~8,_.4__,W=;i=s=bw.i□,...g=to=□~S....,tr'""'e=et~-------- Recorded by William Kostura *Date September 2021 II Continuation □ Update References (continued)
"Notice to Creditors." San Jose Mercwy News. March 17, 1886. "J. Robinson, Once Colusa Dmggist, Dies." Colusa Herald. November 12, 1931. "Mrs. Robinson Passes Away." Santa Cruz Sentinel. November 22, 1941.
Other sources
Charlene Duval. Email to William Kostura, July 23, 2021, re: early presence of Calvin Russell in Santa Clara and possible construction dates of the house.
Virginia Savage McAlester. A Field Guide to American Houses. New York: Alfred A. Knopf, 2015.
This is the best guide to American domestic architecture. Greek and Gothic revivals are covered on pages 246-280. See page 249 for diagrams of Greek Revival entrances.
David Gebhard, et. al. The Guide to Architecture in San Francisco and Northern California. Salt Lake City: Gibbs Smith, 1985.
Susan Dinkelspiel Cerny. An Architectural Guidebook to San Francisco and the Bay Area. Salt Lake City: Gibbs Smith, 2007.
The above two books list some of the Gothic Revival houses outside of Santa Clara mentioned in this report.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI/Trinomial
Page __.19_ of ---2.9__ Resource Identifier: 1184 Washington Street Recorded by William Kostura
Sanborn map diagrams
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At left: 1891 Sanborn map, page 35.
Below: 1915 Sanborn map. page 214. Note the
appearance of the addition filling the corner on
the south side.
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DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information z
~ z w m
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page _2Q_ of ---2.9_
Recorded by William Kostura
Photographs of the subject house
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages
Primary#
HRlfTrinomial
Resource Identifier: _ _..1_...,18""-4L..W ........ a""'sb"""i.....,ng,...t"'"onu....>.<S..,._tr""'ee.._.t ________ _ *Date September 2021 ■ Continuation □ Update
The front of the house with a
detail of the barge board and
the drip mold over the
second story window.
*Required Information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...2L of ---2.9_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: _...._1...,18""4L..W........,.a""'sb .... iui□ g~t,...o□~$ ..... tre,.,,e.,_.t ________ _ *Date September 2021 ■ Continuation □ Update
Photographs of the subject house (continued)
Front entrance with details of the trim, door, and hardware.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...22_ of .-2.9_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of the subject house (continued)
Above: The bevel siding that
clads the house.
Middle. Detail of window
muntins.
Below: The brick foundation.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...2.3_ of -2.9..._
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: _ _,_11_...,,8"'"'4_,W'""a..,s,...hw.io..,g..,,to ..... n"""'S"""tr..,,.e""'et..__ _______ _ *Date September 2021 ■ Continuation □ Update
Photographs of the subject house (continued)
At left: The no1th side of the front block ( on the right side of the house as you face it)
Below: View looking SE at the rear side of the front
block ands the north side of the rear stem.
Botton row: The north side of the rear stem and a detail of the entrance on this side.
DPR 523L (1 /95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ...2.4- of ..29._
Primary#
HRl!Trinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Photographs of the subject house (continued)
Above: Perspective view of the house from the left. At right: the south side of the front block.
At right: the south side of the house.
Sanborn maps suggest that the low
addition that fills the angle between
the front block and the rear stem
began as an open porch that was later
enclosed.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page -2.5..... of ...2.9_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation D Update
Photographs of the subject house (continued)
Above left: A typical six-over-six window. These are found on all sides of the house except for the south side of the rear stem (i.e., where the addition is).
Above right: The rear wall of the house, i.e. the west side of the rear stem.
At right: The screen door on the rear side.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page _2fi_ of ...2.9.._
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
Recorded by William Kostura *Date September 2021 ■ Continuation □ Update Photographs of the subject house ( continued)
Top left: View looking east at the garage on the south side of the lot.
Top right: The barn, directly behind the garage. It looks old, but isn't.
Bottom left: The pool house, with siding and doors similar to those on the barn.
Bottom right The brick-paved back yard, with pool.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page ....21_ of ---2.9_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of houses in Santa Clara with Greek Revival and Gothic Revival features These are shown in order to put the subject house in historical context. Only one of these houses, the Berryessa adobe, is definitely older than the subject house. A few other houses from the l 850s-1860s stand in Santa Clara, but not very many, and as far as is known to this writer none have Greek Revival or Gothic Revival features.
DPR 523L (1/9ey) DPR 523 A&B forms, Pages .pages
The Berryessa adobe, 373 Jefferson Street.
It has been dated to the 1840s. Shallow
pitched pediments over the door and
windows evoke the Greek Revival, while
carved bargeboards in the gable are Gothic
Revival.
*Required Information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page _28_ of ...2.9_
Recorded by William Kostura
Primary#
HRI/Trinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of houses in Santa Clara with Greek Revival and Gothic Revival features ( continued) ------
Top left: 1158 Main Street. This house lacks style details, but its proportions suggest Greek Revival.
Top right: 1206 Main Street ( 1865). The pediment returns in the gable are Greek Revival.
Bottom left: The Harris-Lass house, 1889 Market Street (1865). The incised porch columns are similar to those on the subject house and could be considered Greek Revival.
Bottom right: 1217 Santa Clara Street. Gothic Revival second story windows blend with Greek pediments over the first st01y windows and Italianate quoins.
DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Page _29_ of ...2.9._
Recorded by William Kostura
Primary#
HRlfTrinomial
Resource Identifier: 1184 Washington Street
*Date September 2021 ■ Continuation □ Update
Photographs of houses in Santa Clara with Greek Revival and Gothic Revival features (continued) DPR 523L (1/95) DPR 523 A&B forms, Pages.pages
Top left: 1404 Lincoln Street. The
gabled roof and the porch with
~ square Doric posts suggest Greek
Revival.
Top right: 1490 Santa Clara Street.
The steeply-pitched squeezed gable
suggests Gothic Revival, while the
rounded pediment just below it is
Greek.
466 Madison Street. Another
steeply-pitched squeezed gable with
a pedimented first and second story
windows.
*Required Information
RECORD WITHOUT FEE
PURSUANT TO GOV'T CODE SECTION 6103
Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE]
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, (herein, "Agreement"), is made and entered into this _ day of _____ , 2022, ("Effective Date"), by and between Robert and Julie Salinas, owners of ce1iain real prope1iy located at 1184 Washington Street, Santa Clara, CA 95050 ("OWNERS") and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050("CITY"). CITY and OWNERS may be referred to herein individually as a "Paiiy" or collectively as the "Paiiies" or the "Parties to this Agreement."
A. Recitals.
( 1) California Government Code Section 50280, et seq. authorizes the CITY to enter into a contract with the OWNERS of qualified Historical Prope1iy to provide for the use, maintenance, and restoration of such Historical Property so as to retain its characteristics as property of historical significance.
(2) OWNERS possesses fee title in and to that certain real property, together with associated strnctures and improvements thereon, shown on the 2021 Santa Clara County Prope1iy Tax Rolls as Assessors' Parcel Number 269-15-043, and generally located at the street address 1184 Washington Street, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Prope1iy is attached hereto as "Legal Description," marked as "Exhibit "A," and incorporated herein by reference.
(3) The Historic Property is on the City of Santa Clara Architecturally or Historically Significant Properties list. OWNERS submitted a Mills Act Proposal to City on June 4, 2022. The Proposal included a Primary Record from the State of California's Depmirnent of Parks and Recreation. A trne and correct copy of the Proposal is attached to this Agreement as "Exhibit B". (4) CITY and OWNERS, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Prope1iy and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code.
Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
Page I of9
B. Agreement.
NOW, THEREFORE, CITY and OWNERS, in consideration of the mutual covenants and conditions set f01ih herein, do hereby agree as follows:
(1) Effective Date and Term of Agreement. The term of this Agreement shall commence on the effective date of this Agreement and shall remain in effect for a term often (10) years thereafter. Each year upon the anniversaiy of the effective date, such te1m will automatically be extended as provided in paragraph 2, below.
(2) Renewal.
(a) Each year on the anniversaiy of the effective date of this Agreement, ("renewal date"), one ( 1) year shall automatically be added to the term of this Agreement unless notice of nonrenewal is mailed as provided herein.
(b) If either the OWNERS or CITY desires in any year not to renew the Agreement, OWNERS or CITY shall serve written notice of nonrenewal of the Agreement. Unless such notice is served by OWNERS to CITY at least ninety (90) days prior to the annual renewal date, or served by CITY to OWNERS at least sixty ( 60) days prior to the annual renewal date, one ( 1) year shall automatically be added to the balance of the remaining term of the Agreement as provided herein.
( c) OWNERS may make a written protest of a nonrenewal notice issued by CITY.
CITY may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to OWNERS of nonrenewal. If either CITY or OWNERS serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the te1m then remaining, from either original execution date or the last renewal date of the Agreement, whichever is applicable. (3) Standards for Historical Property. Dming the te1m of this Agreement, the Historic Prope1iy shall be subject to the following conditions, requirements, and restrictions:
(a) OWNERS shall preserve and maintain the characteristics of historical significance of the Historic Property. "The Secretaiy of the Interior's Standards for Rehabilitation," marked as "Exhibit C" to this agreement, and incorporated herein by this reference, contains a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Prope1iy, which shall apply to such prope1iy throughout the term of this Agreement. (b) OWNERS shall, when necessary or as dete1mined by the Director of Planning and Inspection, restore and rehabilitate the property to conform to the rnles and regulations of the Office of Historic Preservation of the State Depatiment of Parks and Recreation, the United States Secretary of the Interior Standards for Rehabilitation and the California Historical Building Code and in accordance with the attached schedule of potential home improvements, drafted by the OWNERS and approved by the City Council, attached hereto as "The Description of the Preservation and Restoration Effotts, 11 marked as "Exhibit D" to this agreement, and incorporated herein by this reference.
Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022