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 ___________, 2024, ("Effective Date"), by and between Joe Navasca and Yemon Oo, owners of certain real property located at 1756 Fremont Street (“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 "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 269-12-033, and generally located at the street address 1756 Fremont Street, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Property 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 May 15, 2024.
The Proposal included a Primary 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 Property 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/1756 Fremont Street Typed: 07/03/2024
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 term of ten (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 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 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 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 Property, 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 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.
Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and every 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 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 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 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 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 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 Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
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 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 party 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 hearing, any relevant evidence may be presented by either party, 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 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 Property 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 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 every contract, deed, or other instrument 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.
Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
(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 1756 Fremont 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 parties hereto.
CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050
OWNERS: Joe Navasca and Yemon Oo
1756 Fremont Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Property, 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 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, 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 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 Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion 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 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 Property 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 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 Department may collect such Mills Act Historic Property Contract application fee of $8,735.80 (eight thousand, seven hundred, and thirty-five dollars and eighty 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 ordinary 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 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 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 Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
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, 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 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/1756 Fremont Street Typed: 07/03/2024
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:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
Joe Navasca and Yemon Oo
Owners of 1756 Fremont Street
By: _____________________________
Joe Navasca and Yemon Oo
1756 Fremont Street
Santa Clara, CA 95050
“OWNERS”
Exhibits:
A – Property Description
B – Primary Record
C – Standards for Rehabilitation
D – Restoration Schedule
ORDER NO.: 0631026639-
EXHIBIT A
The land referred to is sl uated in the County of Santa Clara, City of Santa Clara, S a e of California, and Is described as follows:
Lot 28, in Block 1, as shown on ha ce ain ap en i I d," ap of h ew Park Subdivision in he Town of San a Clara", which ap was 1led or Record 1n he O ice o he Recorder o h Coun o San a Cla a, Sae o Call or 1a on O o r 21, 1908 in Boo " "o aps, a Page(s) 0 and 1.
P : 269· ·03
\
Planning Division: (408) 615-2450
Email: [email protected]
Property Owner Authorization Form
Property owner is to complete this form and submit with their application authorizing the filing and processing of the accompanying application. If there are more than one property owner, then use multiple sheets as necessary.
Property Owner Name: _______________________________________________________________________________ Company Name (if applicable): ______________________________________________________________________ Title (president, partner, etc., if applicable): _______________________________________________________ Property Owner Email: ________________________________________________________________________________ Property Owner Address: _____________________________________________________________________________ City: ________________________________________________________________ State: ________ Zip: _______________ Project Address: _______________________________________________________________________________________ Property Owner Phone 1: ______________________________
Property Owner Phone 2: ______________________________
I hereby certify that I am the owner of record or representative of the owner of the subject property described in this application and that I consent to the filing of the action requested herein.
_______________________________________________ _______________________ Property Owner Signature Date
If you are an agent or representative of the property ownership, then submit supporting documents to show you have the authority to sign on the property owner’s behalf. (Rev. 9/23)
Joe Navasca [email protected] 1756 Fremont St. Santa Clara CA 95050 1756 Fremont St. Santa Clara, CA 95050 4085154819 5/15/24 Planning Division: (408) 615-2450
Email: [email protected]
Property Owner Authorization Form
Property owner is to complete this form and submit with their application authorizing the filing and processing of the accompanying application. If there are more than one property owner, then use multiple sheets as necessary.
Property Owner Name: _______________________________________________________________________________ Company Name (if applicable): ______________________________________________________________________ Title (president, partner, etc., if applicable): _______________________________________________________ Property Owner Email: ________________________________________________________________________________ Property Owner Address: _____________________________________________________________________________ City: ________________________________________________________________ State: ________ Zip: _______________ Project Address: _______________________________________________________________________________________ Property Owner Phone 1: ______________________________
Property Owner Phone 2: ______________________________
I hereby certify that I am the owner of record or representative of the owner of the subject property described in this application and that I consent to the filing of the action requested herein.
_______________________________________________ _______________________ Property Owner Signature Date
If you are an agent or representative of the property ownership, then submit supporting documents to show you have the authority to sign on the property owner’s behalf. (Rev. 9/23)
Yemon Oo [email protected] 1756 Fremont St. Santa Clara CA 95050 1756 Fremont St. Santa Clara, CA 95050 4088574419 5/15/24 /'CAI tlr;_,i[ S--/ ( (iy' SState of California -The Resources Agency Primary# D ~~§,j~[EID
DEPARTMENT OF PARKS AND RECREATION HRI# JI_ MAR 30 2015 :::::'J PRIMARY RECORD Trinomial
NRHP Status Code PLANNING
Other Listings
Review Code Reviewer Date
Page of 18 'Resource Name or#: (Assigned by recorder) Vasque'l/Garcia House P1, Other Identifier: None
*P2, Location: □ Not for Publication D Unrestricted "a. County _____ S ..... an ..... t .... a ..... C .... la=r ..... a_________ _ and (P2c, P2e, and P2b or P2d. A!lach a Location Map as necessary.) •b. USGS 7.5' Quad San Jose West Date 1980 photo revised T 7S; R .tl1:.: unsectioned ; Mt. Diab/a 8.M. c. Address 1756 Fremont Street. City Santa Clara Zip -"-'95a..:0=5-=-0 __ _ 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, elevallon, etc., as appropriate) Assessor's Parcel Number. 269-12-033
South side of Fremont Street between Pieme and Uncoln Streets *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)
DIVISION
The property at1756 Fremont Street is located in the urban setting of a small, historic subdivision that was primarily developed in the first quarter of the twentieth century. The majority of the lots are 42' x 156.50,' and the homes have similar setbacks from the street with urban sized front yards. Although there are some recent infill buildings in the area, the majority of the homes are original, similar in age, style and scale. This results in a pleasant streetscape that evokes the sense of an early twentieth century neighborhood.
The primary building on the site is a 1,105 sq. ft., one-story house, which was relocated to the site in 1924. Representing two building (Continued on page 2, form 523L)
*P3b. Resource Attributes: (List attributes and codes) HP2 Single - Family Property •p4, Resources Present: I] Building structure Object Site District Element of District Other (Isolates, etc.) ====-==--==-,--=-----===---i *P5b. Description of Photo: (view, date, s.) accession#)
Front fa<;ade (view towatd south) Photo No:
100_1530,0212015
•ps_ Date Constructed/Age and Source:
@ Historic D Prehistoric D Both
ca. 1870 and 1924
Sanbom maps; Polk City & County Dfrectories,
Assessor's Records, Census Records
*P7. Owner and Address:
Peter and Ashley Bengtsson
1756 Fremont Street
Santa Clara, CA 95050
~PS. Recorded by: (Name, affiliation, and
address)
Lorie Garcia
Beyond Buildings
P.O. Box 121
Santa Clara, California 95052
*P9. Date Recorded: March 14, 2015
*P1 O.Survey Type: (Describe) Intensive
.. P11. RepoI1 Citation: (Cite survey report and other sources, or enter "none.") . Historic Resources Inventory Form, "Vasquez House" dated ~~~ . "Attachments: NONE ~ Location Map~ Continuation Sheet ~ Building, Structure, and Object Record_ Archa~ological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record D Other (List):
DPR 523A (1/95) "Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _2_ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: --=-Lo~r~ie_G_a_rc_ia _________ *Date 03/14/2015 ~ Continuation ~Update (Continued from page 1, Form 523A, P3a. Description)
phases, originally this residence was constructed circa 1870 as a National style two-story farmhouse. When relocated to its current site in 1924 it was converted to a one-story house with a new roof and front porch added that incorporated details of the Craftsman Bungalow architectural style, popular at the time.
The house fronts roughly north onto Fremont Street and is set back from the street, towards the front of a 42' x 156.50,' 6,552 sq. ft. lot, allowing for a modest lawn area and narrow planting beds with ornamental shrubbery. A straight, brick (new) walkway leads from the Fremont Street sidewalk to the front entry. A large street tree, set in the parking strip between the walkway and driveway provides a visual barrier from the street. A wide brick (new) and gravel driveway with a concrete entry pad (new), located on the west side of the house and opening on to Fremont Street, leads to a detached wood-framed garage. Large trees on the neighboring property shade the east side of the house and as there is no fence from the rear of the house to the front sidewalk, they help define the eastern property line. A stepped wooden fence, adjacent to the driveway, defines that of the western side. A high wooden gate across the driveway separates the front elevation from the garage and the rear yard. The extensive rear yard includes lawn area, a concrete patio, curved walkways, planting beds and large trees A high wooden fence surrounds the rear yard.
The plan of this wooden single family residence is rectangular, set over a partial basement that elevates the main body of the house approximately 30" above the ground. The front gabled roof is moderately pitched, with one rake eave incorporated into the roof. The open rake eave of the front-facing gable has a wide bargeboard with a V-shaped notch at the end and is supported by a knee brace at the peak and end. Projecting asymmetrically from the front-facing gable end is a gable-roofed porch. Both of the porch's rake eaves, have wide bargeboards with a V-shaped notch at the end and are supported by a knee brace at the peak and each end. The rear extension of the house is slightly lower than the main body. The rake eaves of the main boy's rear gable have wide plain bargeboards.
The rake eaves of the extension's rear facing gable have wide, plain bargeboards and are supported by a series of five knee braces.
Rafter tails project under the medium-width eaves. The roof is clad in composition shingles.
The house is sheathed in wide, horizontal, channel lap siding (original)and is trimmed with flat boards. On the rear (south) facade, new channel lap siding has replaced the original board and batten siding (with chamfered battens) that had remained from the home's first building period. Large, horizontal lattice, attic vents accent the apexes of the front gables. A large louvered attic vent (new) is set under the apex of the main body's rear gable, replacing the original window that remained from the from the home's first building phase. Supported by brackets, a small projecting, shed-roofed, square bay window punctuates the body of the house on the west ~-------------------------, side-elevation A sma//, offset, gable-roofed addition (new) Supplemental Photograph or Drawing with a horizontal door, projects from the rear of the house, Description of Photo: (view, date, accession#)
Front fa~ade and west side elevation, view toward southeast Photo No: 100_1506, 0212015
DPR 523L (1/95)
providing entry to the basement. This basement entry has replaced the original ground-level entry. ·
The main entrance is on the front (north) fa9ade. It is accessed by 5 wide, concrete steps that lead to an offset medium sized front porch. Typical of the Craftsman
Bungalow architectural style, the small gable, echoing the larger gable behind, that caps the entry porch is supported by a classical wooden column at each open end. A
balustrade, with squared balusters, connects each column to the house and one column to a similarly-sized square post at the front steps. The steps have supplemental railings that echo those of the porch and connect to a turned newel post.
The front (main) door, is constructed of wood with an oval glass Insert set into the top half. This entry door is offset on the porch. A secondary entry is centered on the west sideelevation. Accessed by 5 concrete steps, leading to a concrete landing, it is sheltered by a shed roof supported by two squared columns. This secondary entry is wooden with a rectangular 9-light window. Inside the new addition, nine (Continued on page 3, fom1 523L)
*Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
*Recorded by: Lorie Garcia *Date _03_/_14_/_20_1_5 __________ ~ Continuation ~ Update (Continued from page 2, form 523L)
nine concrete steps (orignal) provide access to the basement.
With the exception of the large front facing fixed window that opens onto the porch and consists of 9 panes separated by muntins, fenestration is simple, rectangular in form, vertically oriented, single double-hung wooden windows. A single, 2-over-2 double-hung window is set into the front facade facing Fremont Street. On the east side-elevation, fenestration consists of a medium-sized 1-over-1 double hung window, followed by two large 1-over-1 double-hung windows. On the west side-elevation, fenestration consists of a large 2-over-2 double-hung window followed by the bay and then a 6-over-6 double hung window and a sma/11-over-1 double-hung window.
Fenestration of the bay consists of a narrow casement window on each side with a large 2-over-2 double-hung window on the bay's front face. The rear facade has a large 6-over-6 double-hung followed by a square 1-over-1 double hung window and a ribbon consisting of a 1-over-1 double hung window, a fixed pane and a second 1-over-1 double hung window. All the windows have projecting sills with an apron and are trimmed with wide flat boards. They appear to be representative of both building phases.
Set to the rear of the house, on the west property line and facing Fremont Street, is a medium sized, rectangular shed/garage structure. This wood building is mainly of board and batten construction (plywood currently sheaths the front facade). and dates to the original relocation of the house. The side-gabled roof is sheathed in corrugated sheet metal. Originally constructed as a workshop/garage with an attached wood shed, the structure currently has no automobile access. A wooden Dutch-door provides entry to the original wood shed section and wooden double doors entry to the automobile section. A wooden door, with a glass pane in the top half, provides access from the rear yard.
Most of the original character defining materials and workmanship of the 1924 building phase of the home have been retained on the residence at 1756 Fremont Street and the property is in good condition. However, the recent alterations to the rear facade of the house have seriously impacted those character defining materials and workmanship remaining from the 1870 building phase ..
DPR 523L (1/95) *Required information
State of California c The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
*NRHP Status Code NIA
Page _1- of _j§_ *Resource Name or# (Assigned by recorder) Vasquez/Garcia House B1. Historic Name: Vasquez House
B2. Common Name: None
B3. Original Use: Single family residential 84. Present Use: Single family residential *85. Architectural Style: National with Craftsman details *B6. Construction History: (Construction date, alterations, and date of alterations) Constructed as a farmhouse circa 1870. Relocated from the Agnew/Alviso area in 1924 to current site. Second story removed and craftsman style roof added, 1924. Between 2005-201 o, original, circa 1870, board and batten siding removed from rear facade, rear external brick chimney removed and new channel-lap siding added. Rear Knee braces removed and relocated. New extension with basement door constructed. Review of City records show no permits or Landmark Commission review for the above referenced 2005-2010 alterations
"'B7. · Moved? No []l Yes Unknown Date: -'-1::::..92=-4.,__ __ Original Location: On a ranch near Agnew/Alviso •es. Related Features:
Detached garage ..
B9a. Architect: not known b. Builder: not known
*B10. Significance: Theme Architecture and Shelter Area New Park Subdivision - Santa Clara Old Quad Period of Significance 1924-2005 Property Type Residential Applicable Criteria none (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) The parcel upon which the residence located at 1756 Fremont Street is located, is a portion of two large tracts of land that had been identified as Sub-Lots 21 & 22, on the original survey of the City of Santa Clara. This surveY, done July 1866 by J. J. Bowen and recorded on August 22 of that same year, forms the basis for the part of Santa Clara known as the "Old Quad." According to the list of property owners and their improvements, which accompanied the 1866 survey, Sub-Lot 21 was a 94. 70 acre tract containing a frame house, barn, orchard and vineyard and Sub-Lot 22, a 7. 75 acre tract containing a frame house and an orcoord. The accompanying property owner's list shows that Sub-Lot 21 was owned by J. P. Pierce and Sub-Lot 22, owned by Mr. Lindelf. James Pieronnet Pierce had recently purchased Sub-Lot 21 from William Lent, the original owner, for $48. 500. By 1873, J. P. Pierce had also (Continued on page 5, Form 523L)
B11. Additional Resource Attributes: (List attributes and codes) HP2- Single Family Property *B12. References: Garcia, Lorie, "Santa Clara: From Mission lo Municipality," 1997; Garcia Lorie, The New Park Subdivision, unpublished manuscript, 1999; Garcia Lorie, Geoff Goodfellow and George Giacomini, "A Place of Promise: The City of Santa Clara 1852-2002," 2002; Garcia, Lorie, Naw Park 1853- 2011: The history of Sub-Loi no, 21, a 95 acre parcel of/and in Santa Clara, California, unpublished manuscript, 2011; Interview with Josephine Mano & Frank Vasquez Nov.,. 1988; Map of the Town of Santa Clara, drawn by C. E. Moore, 1893; Museum of Building Technology, Wash., D.C., Nov. 1988; New Park Subdivision Map, 1908; Polk and Husted City Directories, 1925-197 4; Sanborn Fire Insurance Maps 1915, 1930; 1950; Tremont Na/1 Co., Waren ham, Mass., Jan., 1988; United States Federal Census, 1920, 1930, 1940; Warburton, Austin, "The .----::cc--:-:--:-::---:--c-------:c------:------, Santa Clara Saga," (articles in The American) March 13 & 20, 1987. ( Sketch Map with north arrow required.) B13. Remarks:
"B14. Evaluator: Lorie Garcia
*Date of Evaluation: March 14, 2015
(This space reserved for official comments.)
DPR 523B (1/95) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HR1#
Trinomial
Page of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: --=L-=-or"-ie=---..c.G..c.a-'-"'rc;,;,;ia:c...-_________ *Date 0311412015 ~ Continuation Q Update (Continued from page 4, Form 523B, B10. Significance)
purchased Sub Lot 22, from Mr. Lindell.
The two parcels combined gave James Pierce ownership of the entire acreage lying between Harrison Street to the north, Lincoln to the east, Lexington Street to the south and Gould Street (today's Scott Boulevard) to the west. James P. Pierce extended the orchard and vineyard Lent had planted and The Plat of Santa Clara, drawn between 1873 and 1875, indicates the northernmost area, part of which would later become the New Park Subdivision, was planted to grapes with orchards covering the southern area. Until the early 1890s, the western third of the Pierce Estate land bordering on the Homestead Road and bounded by Gould Street, where his son Richard lived, was a grain field. In 1892 this portion of the estate was also made into an orchard.
In 1897, following James P. Pierce's death, Judge Hiram H. Bond purchased 34.5 acres of the Pierce estate for $25,000 from Pierce's children. This included the main house and outbuildings and the acreage that would later become the New Park Subdivision. (The remainder of the estate continued to be owned by the James P. Pierce Co.) However, in 1905, Judge Bond ran into financial difficulties and put "New Park" on the market. After various abortive attempts to sefl the property he had purchased a decade earlier, in January 1906, The Evening News carried the announcement that Judge Bond had sold his 34.5 acre parcel of New Park, valued at $60,000, to Mr. Henry E. Brace, a wealthy eastern lumberman. A little over 2 years after the purchase of Judge Bond's property by Henry Brace, the redevelopment of this 34.5 acre portion of the original New Park estate began.
In 1908, Henry Brace's property's northern section, which had previously been "New Park" vineyard acreage, was subdivided, to be developed into residential Jots. On October 20, 1908 the front page of the Santa Clara News carried the following announcement:
Another New Residence
Tract Opened
Another new residence tract is being opened in Santa Clara. The north section of the beautiful Brace property has been purchased by C. J. Hurrle, of Stockton, who is having it cut into choice building lots to be disposed of on easy payments. Cement walks, curbing and carefully graded streets will beautify the tract, which is ideally located, and will, undoubtedly, be transformed within a very short period of time into one of the handsomest residence parks in the State. It will be known as New Park. The opening of streets is now well under way, and Mr. Hurrle will leave nothing undone to make the new subdivision ideal and perfect in every detail.
Development of the New Park SubdiVision was undertaken in October of that year, by C. J. Hurrle, a Justice of the Peace from Stockton, San Joaquin County, Letitia Innes of Santa Clara County and the Garden City Bank and Trust Company. As shown on the Map of the New Park Subdivision in the Town of Santa Clara (filed October 1908), the subdivision created BO lots, ranging from 5000 sq. ft. to 6500 sq. ft., on 2 ½ blocks and dedicated portions of Benton, Fremont and Pierce Streets to the Town of Santa Clara. The subdivision appears to have been developed by F. G. Barrows, a resident of Los Angeles, a marketed by his company, Chowchilla Colonization Co. The lots themselves were relatively inexpensive to purchase and by 1915, 40 of the tots (some combined) had houses located on them. By 1930, homes occupied all but nine of the lots. Aimed at working class and immigrant purchasers, these were modest structures.
Many of the first residents wera agricultural laborers working on farms and in canneries, or employed at the Pacific Manufacturing Company's lumber and cabinet factory as mil/hands. Laborer was the predominant occupation of the residents, most of whom had Spanish surnames. This ethnic identity would remain up to 1980 when a survey showed nearly half the property owners still had Spanish or Portuguese names, The reason for the settlement of the New Park Subdivision by so many Spanish families has its roots in the economic climate in Spain.
(Continued on Page 6, Form 523L)
DPR 523L (1/95) •Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _6_ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: _L_or_ie_G_a_rc_ia __________ *Date 03/14/2015 (Continued from page 5, Form 523L)
~ Continuation 0 Update
By the 1890s Spain's economy was in deep decline as phyloxera invaded the vineyards. The resultant hard living conditions caused thousands of Spaniards to respond to announcements, which had been posted in Spain after the turn of the century, to lure families to Hawaii, with promises of better opportunitfes and employment. By 1912, the rise of immigration peaked as 134,000 emigrants left their homeland for various countries including Hawaii. However, life on the Hawaiian sugar-plantations proved difficult and word spread of a better life in California where higher wages could be made. Also came word that California had a climate similar to Spain.
By the middle teens, many families decided to immigrate from Hawaii to California; arriving by ship in San Francisco, then moving to Santa Clara where relatives had located earlier.
Upon arrival, several of the new immigrants were made welcome at 1235 Pierce Street, property owned by the Cano family who were earlier Spanish arrivals, in what was known as "El Patio." This was a group of four small rental homes that had been relocated from the Bond Ranch. During the 1920s more and more Spanish families settled in the area, especially on Pierce Street, Fremont Street and Harrison Street. As the Spanish community grew, this area of Santa Clara became known as "Spanish Town." One of these immigrant Spanish families, was that of Alfonso Vasquez (Basques).
Born in 1886, in Esteponia, a small fishing village in the province of Malaga, Spain, in December 1911, Alfonso Vasquez married 19 year-old, Josephine Lopez Gil. Two months after their marriage, they, along with their respective families, left Esteponia to emigrate to Hawaii, where they hoped to find employment on the sugar cane plantations. Unfortunately, upon reaching Gibraltar to board the "Harpalion," the ship that would take them to Hawaii, Josephine became separated from her family. The Lopez Gill family was placed upon a ship to Sao Paulo, Brazil and Josephine never saw them again. On April 17, 1912, after a long and difficult, 56 day, passage, the Vasquez family reached Honolulu. Living in a complex of wooden cabins on a sugar plantation, for almost 6 years they stayed in Hawaii, with Alfonso working shifts at the sugar refinery, where his job was to fire the furnaces, while Josephina cared for her mothern-/aw. When family friends told them about the better opportunities in California, Alfonso and josephine decided to take advantage of the prospect to go to California, They left Hawaii in March 1918 and sailed to San Francisco. Here they lived with friends for a short time and then moved to Santa Clara, where Josephine's aunts and cousins - the Lopez, Garcia, Gil families - lived. After arriving in Santa Clara in 1918, Alfonso and Josephine Vasquez moved into "El Patio." Both Alfonso and Josephine found work, harvesting agricultural cops. In 1919, while following the tomato harvest in Manteca, Josephine gave birth to a daughter they named Josephine. They had already lost two babies and she would be their first child to survive. Upon their return to Santa Clara, Alfonso found work on several fruit ranches, including the Carpenter and Wright Ranches.
His capabilities were quickly recognized and he was made a foreman during the harvest season, finding and training fruit pickers. This enabled him to recruit his unemployed friends to pick cherries, apricots, pears and apples. During the winter months he worked pruning the fruit trees and tending to the orchards' irrigation. Alfonso worked long hours, frequently more than 12 hours a day, six and sometimes seven days a week, to support his growing family. A daughter, Frances, was born in August, 1920 and a year later an other daughter, Mary, was born in October. In March 1924, Josephine gave birth to a son, Alfonso, Jr.
In the latter part of 1924, Alfonso bought a two-story frame house from a rancher near the Agnew/Alviso area and had it moved to a Jot in Santa Clara that he had purchased for $10. This lot, at 1756 Fremont Street, was just around the comer from "El Patio," on Block 1 of the New Park Subdivision. When the house was moved, Alfonso, with the help of his friend Manuel Triano, who was a carpenter, removed the second story and at its new location added a craftsman bungalow style roof This house is the subject residence. Alfonso and Josephine, along with their three children, then moved into their "new" one-story home. Three more children would be born to the family in their home at 1756 Fremont Street; Joseph in 1928, daughter Mercedes in 1930 and Frank in 1935.
More and more Spanish families were settling in the area, some on Fremont Street, others on Harrison Street near Pierce. Along with Vasquez, the names of these families like Toledo, Cintas, Cano, Sapena, Callejon and Sanchez would become well known in Santa Clara, as their offspring grew to play prominent rotes in the town. Although a few Portuguese families had settled in the area, the Spanish culture was prevalent in the close-knit community of Spanish immigrants and, while none were rich with money, there was abundant mutual support. Both Alfonso and Josephine were happy with their new home in Spanish Town.
While staples were purchased from John Fatjo's grocery store on Franklin Street, the Vasquez family, like so many of their neighbors, (Continued on Page 7, Form 523L)
DPR 523L (1/95) *Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _7_ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House ~Recorded by: -==clo;;.;.r.c.::ie_G.;;..a~r-'-ci~a _________ *Date 03/14/2015 (Continued from page 6, Form 523L)
~ Continuation ~ Update
depended on their own efforts to feed their family. They raised vegetables In both the front and backyards, along with chickens, rabbits and ducks. During fruit harvesting time close to a 100 jars of peaches, pears and prunes would be canned, with the over-ripe fruit being made into jelly. At times during the year; three or four neighbors would come together to kill a pig, In order to make sausages, salt pork and lard. After the worl< was done there would be food and wine singing, and dancing to Spanish music. During the grape harvest, some of the families would get together to divide a ton or two of grapes. With a rented wine press, they would make the wine customarily served at dinner. And, despite the problem of prohibition, some families would make their own Spanish whiskey, "Aguardiente" with an improvised still. At the Vasquez home on Fremont Street, at times the men would gather in Alfonso's basement to partake of their efforts and discuss the politics of their new country, as well as of their homeland ..
While the Lamiera family lived immediately to the west, vacant land was on the eastem side on the Vasquez home. This was the rear of the properly owned by "Cowboy Jim" Donovan. His small house faced Benton Street on a lot that extended from Benton to Fremont Street. On this land behind his house, he kept his horses, goats, ducks, chickens and roosters, horse-drawn wagon and plowing equipment. There was also an old barn housing a blacksmith shop and stocked with hay. With a pear orchard at the end of Fremont Stf9et, living next to Jim's properly was like living on a farm.
From the time they were small, Alfonso and Josephine instilled their children with the importance of a good education, a strong work ethic and preserving their Spanish heritage. Just a few blocks down the street, was Fremont Elementary Schoof. (The site is now occupied by Fremont park and the Senior Center.) All the Vasquez children attended school at Fremont Elementary and, as Spanish was the language spoken at home, it was here they leamed to speak English. Like many of the young people In Santa Clara at the time, as the children grew older, besides continuing in school, they found jobs and added their contributions to the family. As teenagers, Josephine and Frances found summer jobs working at the Pratt-Low cannery on Bellomy Street. The younger children worl<ed In the fruit orchards, cutting apricots and picking prunes. and by working hard were able to pick as many as 80 to 100 boxes of prunes a day at 10 cents a box.
After graduating from high school, Josephine, Mary and Alfonso Jr and Mercedes, all attended Heald's Business College and received accreditation in their chosen fields, with Alfonso later attending the lJnivers/ty of Colorado where he f9ceived a degree in engineering.
Joe, who was always interested in mechanics, ended up owning his own gas station. Frank, Alfonso and Josephine's youngest child, went on to graduate from Santa Clara University with a degree in municipal management. Having become Interested in police work, he joined the Santa Clara Police Department in 1958 as a patrolman under Chief of Police Frank Sapena. After progressing through the ranks, in 1975 he was appointed assistant police chief, a position he held until his election, in 1988, as the Chief of Police for the city of Santa Clara. He was reelected in 1992 and retired in 1996.
Alfonso and Josephine had set the pattern for civic activity with their efforts on behalf of their homeland. When La Democracia Espanola, an association founded during the Spanish Civil War of 1936, was formed, Josephine organized the colfection of clothing and with other women sent the supplies to relatives in Spain. Alfonso assisted with fund raisers that sent money to the American Red Cross in Madrid to help the needy.
As adults, Alfonso and Josephine's children followed their parents example, with their own dedication to their community. After working for the State of California for 5 years, and the Federal Government for 10 years, where she received a spec/al commendation for her service to the United States Navy during WWII, Josephine was employed as the secretary to the Dean of Students at Santa Clara High School. In 197 4 and 1977, she received a special award from the student body for distinguished service to the students of Santa Clara High School and, in 1976, was named by the student body as faculty favorite of the year. Following her f9tirement after 12 years, she became involved in a number of projects, including acting as a voluntary interpreter at kaiser Hospital. She served on the executive board of the Santa Clara Cultural Society and, being interested in Spanish Heritager, in 1985, along with her b rather Frank, and sister Mercedes, she founded Santa Clara's Spanish Heritage Society, serving as its president for many years. Joe became active in several community organizatiions, including the Santa Clara Youth Center. Along with his involvement in professional orgaizations where he served as president of the Santa Clara Police Officers Association and as president of the Santa Clara County Juvenile -Officers Association, Frank became active In various civic organizations, which included the Santa Clara West Rotary Club, the Triton Museum Board of Directors, the Northwest YMCA, the Santa Clara County Boy Scouts, the Vestry of St. Mark's Church and the Spanish Heritage Society.
(Continued on Page 8, Form 523L)
DPR 523L (1/95) *Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _8_ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: _c;L.c.occrie"--"G-'-a-'-'rc'-"ia"----------- *Date 03/14/2015 (Continued from page 7, Form 523L)
~ Continuation ~ Update
After their six children had married and left home, Alfonso and Josephine continued to live in their home at 1756 Fremont Street.
Alfonso passed away in 1960 and in June 1975, Josephine left the home in which she had liVed tor half a century. She passed away in 1985
Interestingly, the next owners would also have roots in Spain. While the Vasquez family was part of the early twentieth century Spanish migration to California and Santa Clara, Lorie Garcia's family was part of that of the late eighteenth century, when her 4th great-grandparents, Jose Antonio Garcia and his wife, Petroni1a Josefa de Acuna arrived with their children in 1776, as members of the Juan Bautista de Anza party.
After living in San Francisco for several years, in early 1969, Lorie Garcia and her husband, Dell Mielich, moved with their infant son, Dell Peter, to Santa Clara. Dell, an industrial engineer, had been transferred to Moore Business Forms' office on Kifer Road, so they rented a house off of Monroe Street near Lawrence Expressway to be near his job. The following year, their daughter, Merry, was born. As the children grew, Lorie became involved in the Santa Clara Parents Nursery School and later in the founding of the Open Classroom at Westwood School. Because of her participation in both schools, she made several friends who lived in the Old Quad. As a 7th generation Californian, whose ancestors had been part of the founding of San Francisco and Santa Clara, (her 4th greatgrandfather had been a member of the mission guard at Mission Santa Clara), Lorie had always been passionately interested in California's history and she fell in love with Santa Clara's historic neighborhood.
VVhen the opportunity came in the early 1980s, Lorie Garcia and Dell Mielich jumped at the chance to purchase a home in the Old Quad, and moved with their children into 1756 Fremont Street. At the time the Mielich/Garcia family moved into their ''new" home, with the exception of a new 2-story residence that had been constructed on the land, which had been the rear of Cowboy Jims property, the New Park Subdivision was still intact with most of the original, small, 1-story houses in place. Also, many of the original families still lived in these homes and the cohesiveness that had been part of the original neighborhood life still existed. Here, both the house and the neighborhood would inspire the rest of Lorie's life.
Having been raised with the tenet of community involvement, and now part of the historic community, Lorie focused her efforts towards the preservation of Santa Clara's historic resources. Along with working on the restoration her home at 1756 Fremont Street, during which she found and exposed original interior finishes, including a remnant from the orignal building phase (a board and batten wall with cut nails and newspapers dating to the 1870s located in an interior family room) she became involved in the Historical and Arts Consortium, working on the restoration of the Headen-Inman House. At the same time, Lorie became active in the South Bay Historic Railroad Society, who were restoring the Santa Clara Depot. In 1989, the Consortium gave Lorie Garcia their "Outstanding Service Award for •The restoration of the Headen-Inman House:" When the movement to have the City of Santa Clara purchase the HarrisLass property, Lorie threw her efforts towards that goal. In 1987, she became a member of the first Board of Directors of the Historic Preservation Society of Santa Clara; the non-profit group that formed to oversee the property, and served as the board's vice-president until 1993. In 1988, Lorie was appointed to the City's Historical and Landmarks Commission, acting as Commission chair from 1989 to 1991.
Just prior to their move to 1756 Fremont Street, Dell had started his own rack and shelving installation company and as the new hightech companies in the valley grew during the 1980s, so did his business. By 1990, he was buried in work. Dell Peter had finished school and was off on his own, and that year Merry was married, an event in which the neighborhood participated. Lorie now had the time to fully pursue what had become a passion, the preservation of Santa Clara's history and historic resources.
By now, her Involvement in historic preservation had extended beyond the City of Santa Clara; In 1989, she had become a founding member of the Heritage Council of Santa Clara County, where she served as Vice-President of the Board of Directors. This organization included all the Landmark Commissions and non-profit organizations involved In historic preservation within the county.
In 1992, when It became known that there would be Federal transportation money for historic preservation projects, Lorie Garcia gathered a group of interested people In Santa Clara County to band together as a task force and pursue the funds. Called Destination Cities, this /STEA task force received more funding for their projects than anywhere else in the country, including $30,000 for restoration W()rk on Santa Clara's historic railroad depot and control tower. (Continued on Page 9, Form 523L)
DPR 523L {1/95) *Required Information
State of Callfofiiia;::: The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
· p·rinrary-1;r· - ·· -------·-·--··---··-···-·---·-----·· --- -·· HRI#
Trinomial
..
*Recorded by:_l_or_ie_G_a_rc_ia _________ *Date 03/14/2015 (Continued from page 8, Form 523l)
~ Continuation ~ Update
In 1992. Lorie was appointed to the City of Santa Clara's Planning Commission, a position she would hold for the next 11+ years.
Becoming involved in planning issues led to her, along with Andrea Loshen and Sharon High, revitalizing the Old Quad Homeowner's Association and, with a name change to Old Quad Resident's Association to be more inclusive, leading the way to General Plan Amendments #32 and #34 and the removal of the Plan Lines on Old.Quad City Streets all of which gave more protection to Tanta Clara's historic homes. This led to her receiving the California Preservation Foundation President's Award for "Initiative and Determination in Bettering Preservation Programs in Santa Clara" in 1993. Lorie Garcia now found that being a planning commissioner gave her an opportunity to bring preservation into planning at a state and national level. Serving six years on the Planning Officials Advisory Committee (POAG) of the American Planning Association, as the Region VI representative, representing the States of California and Nevada, provided the venue to incorporate preservation into the Smart Growth principles the organization developed. She was twice elected to the California Chapter of the American Planning Association, Board of Directors for a 2-year term and, as one responsibility was to develop sessions for the annual State Conference, she was able to share the importance of . preservation planning within her home state. ·
Nearing the end of the 1990s, Lorie Garcia had become aware in the upcoming sesquicentennials of the State of California (2000), University of Santa Clara {2001) and the City of Santa Clara (2002). She formed the Santa Claran's Sesquicentennial committee, which included two Council members, Patricia Mahan and Jamie Matthews, along with Geof Goodfellow, the City's Director or Planning and Inspection, George Wood, Director of Communications and Doug Gross and they started planning ways to celebrate these landmark events. Appointed the official Sesquicentennial Committee for the city, they embarked on a three year project, which included the development of a City pocket park (Sesquicentennial Park) showcasing the Battle of Santa Clara in recognition of the State's sesquicentennial, a lecture series at the University in honor of theirs. Among a multitude of events during the 12 months of 2002, the committee spearheaded the development of the "Stroll into the Past" at the City Hall plaza area, and the restoration of the Berryessa Adobe as a City historic site. While engaged in these projects, Lorie, along with Geof Goodfellow and George Giacomin coauthored the book, "A Place of Promise," the history of the City of Santa Clara form 1852 to 2002.
Living at 1756 Fremont Street in the 1980s and 1990s was a delightful and experience as it had been in the 1920s and 1930s and Lorie Garcia and Dell Mie/ich shared their home with the community during Santa Clara's Historic home Tours of 1988 and 1998.
When she wasnY busy on other projects, ft was here in the peace and quiet of her historic Fremont Street home that Lorie could be found writing numerous articles and papers on various aspects of Santa Clara history. In recognition of all her efforts to promote and. preserve Santa Clara's heritage, in 2004, the Santa Clara City Council appointed her as. "Honorary City Historian," the first individual to receive this title and, in 2010, the first year individuals were eligible to receive the award, the City Council successfully nominated Lorie to receive the State of California, Governor's Award for Historic Preservation.
Besides being deeply involved in the preservation community, Lorie became active in various civic organizations, which included the Women's League, the Santa Clara West Kiwanis and the Santa Clara Woman's Club. She served as president in both of the latter organizations and from 1998-2000, she was the California History and Landmarks Chairman for the Loma Prieta District #9 of the California Federated Women's Clubs. ·
Unfortunately, in 2004, Dell Mielich suffered a massive stroke and the following year (2005), Lorie Garcia was forced to sell their home at 1756 Fremont Street to pay for his medical care. Leonard Vaughn purchased the residence. Five years later, in December 2010, it was sold to Jaclyn and Eric Neal. The current owners, Peter and Ashley Bengtsson, bought the subject property in May 2013.
Between 1924 and 2005, the residence at 1756 Fremont Street had two sets of owners, but neither appear to be signifir;ant to the history of the region, Nation or State of California. While both the Vasquez and Mie/ich/Garcia families who are associated with it had members important to the history of Santa Clara, this does not appear to reach the level of significant influence required under Criterion 8 to be considered eligible for the National Register. Neither is the property associated with events that have made a significant contribution to the broad patterns of history or cultural heritage. It would therefore appear that the building at 1756 Fremont Street would not be eligible for the Nationar Register based on Criteria A or B. However, given the potential for a historic district in the immediate neighborhood, the residence does appear to be eligible'under Criterion C. (Continued on Page 10, Form 523L)
DPR 523l (1/95) *Required informati_on
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
*Recorded by: -=L=or-'-'ie'-G"""--"a'""'rc-'ia"--________ *Date 03/14/2015 (Continued from page 9, Fom, 523L)
~ Continuation ~ Update
The Criteria for listing in the California Register of Historical Pfaces are consistent with those for listing in the National Register.
However, they have been modified to better reflect the history of Cafifornia at both a focal and State level. Under Criterion 2, the equivalent of National Register Criterion B, the building does have a direct association with the lives of Frank and Josephine Vasquez and Lorie Garcia, persons important to local and California history. Thus, it would appear that the building at 1756 Fremont Street woufd be eligible for the California Register at both a focal and state level based on Criterion 2 In 2004, The City of Santa Clara adopted Criteria for Local Significance. Under these criteria, "any building, site, or property in the city that is 50 years old or order and meets certain criteria of architectural, cultural, historicaf, geographical or archaeological significance is potentially eligible," to be a "Qualified Historic Resource." The evaluator finds that the property meets the following criteria:
Criterion A: 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.
Due to the economic climate in Spain in the early 20th Century promises of better opportunities and employment led thousands of Spanish families to immigrate to Hawaii. However, life on the Hawaiian sugar-plantations proved difficult and word spread of a better life in California where higher wages could be made. By the middle teens, many families decided to immigrate from Hawaii to California; arriving by ship in San Francisco, then moving to Santa Clara where relatives had located earlier. Upon their arrival several settled in the newly subdivided area, known as the New Park Subdivision of 1980, During the 1920s more and more Spanish families settled in the area, especially on Pierce Street, Fremont Street and Harrison Street. As the Spanish community grew, this area of Santa Clara became known as "Spanish Town." Located on its site in 1924, the house at 1756 Fremont Street belonged to a member of this immigrant community and is only minimally altered from the Vasquez period of occupancy. It reflects Santa Clara's Spanish heritage and early 20th Century cultural development.
3, The property is associated with an important individual or group, who contributed in a significant way to the political, social, and/or cultural life of the community.
Several members of the New Park Spanish community became prominent in Santa Clara life, including the children of Alfonso Vasquez, whose family home was 1756 Fremont Street. Following her retirment from the Santa Clara High School District, Josephine Vasquez served on the executive board of the Santa Clara Cultural Society and, being interested in Spanish Heritager, in 1985, along with her brother Frank, and sister Mercedes, she founded Santa Clara's Spanish Heritage Society, serving as its president for many years. A prominant businessman, Joe became active in several community organizatiions, including the Santa Clara Youth Center.
After progressing through the ranks, in 1975, Frank Vasquez was appointed assistant police chief, a position he held until his election, in 1988, as the Chief of Police for the city of Santa Clara. He was reelected in 1992 and retired in 1996. Along with his involvement in professional orgaizations, where he served as president of the Santa Clara Police Officers Association and as president of the Santa Clara County Juvenile Officers Association, Frank became active in various civic organizations, which included the Santa Clara West Rotary Club, the Triton Museum Board of Directors, the Northwest YMCA, the Santa Clara County Boy Scouts, the Vestry of St. Mark's Church and the Spanish Heritage Society,
Lorie Garcia was a member of the second family to own the home. A 7th generation Californian, while living here she became Immersed in and dedicated to the preservation of Santa Clara history and its historic resources. She served as a member of the both City's Historical and Landmarks Commission and Planning Commission and also as an member of the County of Santa Clara's Historical Heritage Commission, several times as commission chairperson, She helped organize several preservation related groups, Including the Old Quad Resident's Association, the Heritage Council of Santa Clara County and Destination Cities, a multi-city organization. As an author, In addition to many articles, academic papers, and presentations on local history she wrote "Santa Clara:
From Mission to Municipality" (1997), Agnews," (2003) and, with Geof Goodfellow and George Giacomini, coauthored the City's (Continued on Page 11, Form 523L)
DPR 523L (1195) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
*Recorded by: _Lo~r~ie_G_a_r_ci_a _________ *Date 03/14/2015 (Continued from page 10, Form 523L)
~ Continuation ~ Update
sesquicentennial history, "A Place of Promise; Santa Clara 1852-2002." (2002), also numerous articles on portions of Santa Clara history. Lorie also founded and chaired the City of Santa Clara's Sesquicentennial Committee, which developed and participated in 3 years worth of activities celebrating the sesquicentennial celebrations of the State of California (2000), the University of Santa Clara (2001) and the City of Santa Clara (2002). In 2004, the Santa Clara City Council appointed her as "Honorary City Historian," the first individual to receive this title. In 2010, the first year individuals were eligible to receive the award, the City Council successfully nominated Lorie to receive the State of California, Governor's Award for Historic Preservation.
In addition, Lorie has been active in several civic organizations including the Santa Clara West Kiwanis and Santa Clara Woman's Club, serving terms as president of both.
No.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 ls the recognition of urban street pattern and infrastructure.
Due to the work of entities like the Santa Clara Commercial League, which promoted the area's beautiful climate and the opportunities to be found, at the turn of the 20th century more and more people were attracted to the region. In the Town of Santa Clara, agricultural production expanded and manufacturing enterprises began to grow. The township's 3,650 residents in 1900 were estimated at 4,000 by 1902 and, had increased to around 5,000 by the end of the first decade. This rise in the populatfon of Santa Clara resulted in a concurrent demand for additional housing. As a result, at the time many of the larger Sub-Lots were subdivided, including Sub-Lots 21 and 22, known at the Pierce Estate, "from which the Therion, Guncke/ and New Par Subdivisions were created.
Reflecting this period of growth and development In Santa Clara, the New Park Subdivision which was parceled in 1908, created 80 lots, ranging from 5000 sq. ft. to 6500 sq. ft., on 2 ½ blocks and dedicated the newly developed portions of Benton, Fremont and Pierce Streets to the Town of Santa Clara. The lots themselves were relatively inexpensive to purchase and by 1915, 40 of the lots (some combined) had houses located on them. By 1930, homes occupied all but nine of the lots. Aimed at working class and immigrant purchasers, these were modest structures. The residence at 1756 Fremont Street is one of these buildings.
Criterion C: Geographic significance
No.1. A neighborhood, group or unique area directly associated with broad patterns of local area history.
The subject parcel is located in the t.vo and one-half block, New Park Subdivision of 1908. Originally populated by a large number of immigrants from Spain, as well as some from Portugal (the Azores Islands) and other working class individuals, during the 1920s more and more Spanish families settled in the area; some on Pierce Street and Fremont street and others on Harrison Street near Pierce.
As the Spanish community grew, this area of Santa Clara's "Old Quad" became known as "Spanish town." This ethnic identity of this early 20th century immigrant neighborhood would remain up to the 1980s when a survey showed nearly half the property owners still having Spanish or Portuguese surnames. The Vasquez family, who owned this parcel were members of this ethnic community.
No. 2. A building's continuity and compatibility with adjacent buildings and/or visual contribution to a group of similar buildings.
By the 1930s, the majority of the homes in the New Park Subdivision had been either constructed fn or relocated to the area. The residence, located at 1756 Fremont Street was constructed circa 1870 and relocated to its current site in 1924. Its reconstruction at that time, reflecting the small working class bungalow building styles of the era, is consistent with the original pattem of small cottage and bunia/ow development found in the neighborhood. Representative of the development of this area of the Old Quad dun'ng the early 201 Century, the building is compatible with those homes in close proximity and contributes by means of its style and scale to the continuity of the early 20th Century building styles of the historic neighborhood in which it is located. (Continued on Page 12, Form 523L)
DPR 523L (1195) •Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _g_ of 18 'Resource Name or# (Assigned by recorder) Vasquez/Garcia House •Recorded by: _L-"-or'"'"iec.......cG..c.ac...rc"""ia"---------- *Date 03/14/2015 (Continued from page 11, Form 523L)
Definition of Integrity
~ Continuation ~ Update
Integrity refers to a properly's ability to convey its significance. Significance is conveyed by the retention of a resource's visual and physical characteristics and its surroundings. The National Register criteria recognize seven aspects to integrity. The seven aspects of integrity are location, design, setting, materials, workmanship, feeling, and association. To retain historic integrity, a properly will always possess several, and usually most, of these aspects. The modem test of integrity according to the Office of Historic Preservation is to stand on the sidewalk and ask yourself the following question: "Does the resource display enough of what made it significant for its historical period that it can be easily grasped by the average passerby?" Properlies must have sufficient integrity in addition to meeting the criterion for significance in order to be considered a qualified historic resource.
Evaluation of Integrity
The residence at 1756 Fremont Street has been well maintained and although the architectural integrity of the structure has been slightly diminished by alterations to the structure's rear facade, the home retains its original configuration and location. The visual and character defining features of the historic building from its period of its significance have been preserved and retained. The home retains its original configuration and location and the historical use of the structure has not changed; it remains a single family home.
The subject properly retains enough of its historic character and appearance to be recognizable as a historic property and to convey the reason for its significance.
Conclusions and Recommendations
Currently, this property is on The City of Santa Clara Architecturally or Historically Significant Properties list. In this update of the July, 1990 Historic Resources Inventory for the City of Santa Clara, although alterations have impacted the rear facade, the evaluator finds 1756 Fremont Street to retain sufficient integrity to qualify as a historic property. It appears to continue to be, based on compliance with the Local Significance Criteria, eligible for listing on the City of Santa Clara ArchitecturaJ/y or Historically Significant Properties List.
DPR 523L (1/95) *Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page ...11___ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House •Recorded by: --=Lo:::::rc.:..:ie::...G=ar:..:::cc::ia'------------ *Date 03/14/2015
HISTORIC MAPS
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~ Continuation 0 Update
1866 J.J. Bowen Surve of the Town of Santa Clara Plat of Santa Clara circa 1873-75 5UfJ L o-r.-NO 2/
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1893 C.E. Moore Map of the Town of Santa Clara
By 1893, a section of the ranch road into the Pierce estate, from Catharine to Harrison, had become part of Pierce Street and Harrison Street was in existence, extending to Gould Street (today's Scott Blvd), X marks the location of the New Park Subdivision, which, when platted in 1908, would encompass most of Sub Lot 22 and the northeast corner of Sub Lot 21 with Harrison Street delineating Its northernmost boundary.
DPR 523L (1/95) •Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page --1::j_ of ____!_L *Resource Name or# {Assigned by recorder) Vasquez/Garcia House *Recorded by: -==:Lo::.:.r.:.:;ie:....:G::.:a:::..rc::c.i=-a ___________ *Date 03/12/2015 HISTORIC MAPS cont.
~ Continuation ~ Update
MAP OF THE NEW PARK SUBDIVISION IN THE TOWN OF SANTA CLARA (Filed October 1908, Book M of Maps, pages 40 & 41)
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X indicates Lot 28 of Block 1 of The New Park Subdivision of 1908. This 42' x 156.50' parcel, is the lot to which the subject residence at 1756 Fremont Street, was relocated In 1924.
DPR 523L (1/95) *Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND REC REA TJON
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page ...lJ2.._ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House "Recorded by: _Lo~n_·e_G_a_r~c·~1a __________ _ "Date 03/14/2015
SANBORN FIRE INSURANCE MAPS
1915 Sanborn Fire Insurance Map
X indicates the site of 1756 Fremont Street
Note: At this date the lot where 1756 Fremont Street would later be located is vacant but the 13 of the houses on Block 1 of the New Park Subdivision have already been
constructed
1930 Sanborn Fire Insurance Map
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1950 Sanborn Fire Insurance Map
Note: the lot next to 1756 Fremont Street Is still vacant.
DPR 523L (1/95)
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~ Continuation ~ Update
F'REMONr~-,~~
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*Required information
0 0
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State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _l§__ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House •Recorded by: _L"'or:..:.:ie'-G=ar..;;cc""ia ____ ~------ ~oate 03/14/2015 ~ Continuation 9 Update February 1944 aerial photo above, February 2015 aerial photo below The white X indicates 1756 Fremont Street. As shown above, pear orchards occupy the land behind the row of Peirce Street houses and Benton, Fremont and Harrison Streets end at Pierce. Below, housing now fills the orchards and Harrison and Benton Streets are extended, However, the configuration of the two "New Park Subdivision" blocks and Fremont Street remain unaltered.
DPR 523L (1/95) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
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Trinomial
•Recorded by: --=L-=-o'--'-rie=---...cGc-=a"-rc"-'-i=a ___________ _ *Date 03/14/2015 ~ Continuation ~ Update Additional Photos
Photo No: 100_1507
View: East side elevation & partial facade
Photo Date: February, 2015
Camera Facing: South
Photo No: 100_1523
View: Rear (South} facade showing new- channel-lap siding that replaced the orlgnal board and batten. (Also, the removed brick chimney was located on the rear facade between the driveway and first window)
Photo Date: February, 2015
Camera Facln : NW
DPR 523L (1/95)
Photo No: 100_1516
Photo No: Top riight, 100_1515
View: W side elevation from rear
Photo Date: February, 2015
Camera facing: North
Photo No: Left, 100_1512
View: West side entry
Photo date: February, 2015
Camera facing: East
View: Rear (South} facade showing lhe new addition with entry door that provides access to the basement, replacing the orlgnal ground level flat door.
Photo Date: February, 2015
Camera Facing: N
•Required infonnation
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Primary#
HRI#
CONTINUATION SHEET Trinomial
Page ~ of ~ *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: -=L::::o~rie~G~a::.;rc::::i:::.a ___________ _ *Date 03/14/2015 g Continuation ~ Update Photo No: 100_1520
View: Rear Yard from south property line
Photo Date: February, 2015
Camera Facing: NW
DPR 523L (1/95)
Additional Photos (continued)
Photo No: 100_1518
View: Rear (South)
facade showing the
rear facing gable end
of the house's main
body, and rear.
Photo Date: 02/2015
Camera Facing: NW
Photo No: 100_1519
View: Rear (South)
facade, closei=up of
main body rear gable
showing lovered attic
vent (new) that has
replaced the orignial
cica 1870window.
Photo Date: 02/2015
Camera facing: NW
Photo No: Bottom left, 100_1521; Top right, 100_1513
View: Left, Garage - E side; Right, Garage • front
Photo Date: February, 2015;
Camera Facln : Left South· RI ht SE
*Required information
1 September 1, 2024
To: The Historical and Landmarks Commission
From: Lorie Garcia
RE: Item 2. 24-668 (PLN24-00264) Consideration of a Historical Preservation Agreement (Mills Act Contract) for 1756 Fremont Street.
Dear Commissioners,
After reviewing Mr. Kostura’s October 2023, Addendum to the Historic Survey Resources Report that I wrote in March 2015, I wish to submit the following corrections/clarifications, including a description of the home’s ca. 1870 section and the 1924 addition, and specifically the post 1950 exterior alterations made by the person to which I sold it. As the alterations did not go before HLC for any review prior to being done, there is no record of them in the City’s files.
Corrections/Clarifications:
On page 3, of his October 2023 updated report, Mr. Kostura states, “The rear of the house is stated in the Garcia report to be a recent addition of 2005-2010. This rear addition is slightly lower than the main body of the house. In some aspects its appearance fairly closely echoes the style of the front: a pitched roof, albeit at a lesser pitch than the roof in front; plain bargeboard, though without the V-notched ends; knee braces at the eaves; channel rustic siding; and flat and door openings.” This is not correct and not what I stated about the exterior changes made between 2005-2015. In fact, the rear addition, as he describes it, is actually the original section which the Vasquez family added in 1924 after moving the circa 1870 house onto the exiting property.
This includes the side door, which opens to the driveway side, and all of the existing windows in the rear 1924 addition. The only window, original to 1924, that was removed post-1915 was the large 6-over-6, double-hung window, closest to the SW corner of the rear façade, which appears to have been removed for the insertion of the paired vinyl doors in the rear.
Mr. Kostura has confused the entire original 1924 addition with the part of it I described as being part of the exterior alterations made to the house by the person to whom I sold it in 2005. On page 2 in my March 2015 updated Historic Resources Survey Report, what I actually wrote was, “A small, offset, gable-roofed addition (new) with a horizontal door, projects from the rear of the house, providing entry to the basement. This basement entry has replaced the original ground- 2 level entry.” The other exterior alterations which were made at that time, all strictly made to the rear façade of the 1924 addition, included original board and batten siding removed from the 1924 rear façade and replaced with new channel-lap siding, the rear external brick chimney removed and the rear knee-braces removed and relocated on top of the new channel-lap siding.
See attached Photo #3 for details.
Additional information re: 1756 Fremont Street.
The house at 1756 Fremont Street, has two distinct sections, easily discernable from the outside by the difference in height of the two rooflines; that of the circa1870 section being higher than that of the section added in 1924 when the older house was moved onto the property and its second story removed. Note the front porch was also added at that time.
See attached Photos #1 and #2 for details.
The age of older section of the house was dated by the use of various methods.
1. A wide selection of cut-nails was extracted ranging in size from 1-3+ inches and sent to the Tremont Nail Museum back east for analyzing and dating. They provided an determined the estimated date of use to be from mid-1860s to mid-1870s.
2. In adding new electrical outlets in this section, a wide variety of material was found between the outer and inner walls, consisting of pieces of newspaper, song pages, parts of toys and other objects. Several of the newspaper and song pieces had discernible dates from the early 1870s, which meant the walls had to be in places prior to their appearance.
This determined a reasonable estimate of construction to be circa 1870.
Note: All of the above information, including photos I took of the inside of the 1870 section’s attic space, which showed the opening for the staircase that originally had been between the first and second floors of the original 2-story house, into a box for safekeeping. This box was given to the person who purchased the house from me and was supposed to be passed on to any subsequent owners.
The construction of the 1924 addition, interior layout and use of the various interior rooms in both sections of the house, were all described in great detail to me by Frank Vasquez, the son of Alfonso Vasques, the man who originally purchased the lot at 1756 Fremont Street and moved the house onto it in 1924.
Additional information about the windows:
-
3 The three, tall, vertically orientated, 2-over-2 windows in the 1870s section of the house (one in the front, one on the side and one in the small bay), were original to this part of the house and had all their original Eastlake hardware. They had NO cords, pulleys etc., to either open or hold them open. Instead, they had small metal pegs in the window frames and when you lifted the bottom window up they were held open by means of pushing the peg into a corresponding hole in the window frame. The top window pane was fixed in place and did not open. Due to the unique quality of an Eastlake lock, when you closed the window and pushed the lock into its receiver, if you gave it a second push, it drew the windows completely together creating an airtight seal.
The remainder of the double-hung windows in the house were as usually found and either had cords and iron weights or a chain that ran through the pulley.
The ribbon of three windows in the rear bathroom consisted of a small 1-over-1, double-hung window to either side of a narrow window with a fixed pane. The middle, fixed-pane window had glass shelves that fit into grooves in the window frame.
Additionally, an almost hidden window is located in the apex of the 1870’s section rear gable face, the top part of which appears above the roof ridge of the lower 1924 addition. The portion of this window’s top pane, which is exposed, is visible from the top of the 1924 additions roof or from looking back at the house from the rear property line. Interestingly, inside if you go through up into the low attic space above the kitchen , you can se, in front of you, the window set into the 1870’s wall and can push up the bottom pane, crawl through, and continue to the front of the house. In the front you can also see the large opening (now covered with boards), which is where the staircase from the first floor to the second was located. (See attached photo #4.) Sincerely,
Lorie Garcia, City Historian
Historical Advisor to the Historical and Landmarks Commission 4 2015 PHOTOS
Photo #1
Photo #2
5 Indicates circa 1870 portion of 1756 Fremont Street.
Indicates 1924 addition.
.
Photo #3 (post-2005 alterations to rear façade of 1924 addition.) Indicates location of brick kitchen chimney prior to post-2005 removal.
Indicates the small, offset, gable-roofed addition with a horizontal door, that projects from the rear of the house, providing entry to the basement, replacing the original ground level entry as part of the post-2005 exterior alterations.
Originally the wall of the rear façade was sheathed in board and batten siding (1”x12” boards and chamfered battens). The post 2005 alteration replaced the original siding with the channellap siding shown in the above photo and the knee braces were removed and replaced on top of the new siding. Note: the knee brace pictured above, set in from the (left) edge, was originally at the outer edge and its current location was occupied by a part of the brick chimney. t
c:::>
6 Photo #4. (photo taken from near rear property line using zoom lens.) Indicates the rear façade of the home’s 1870’s front section.
Indicates the “hidden” window set into the rear façade.
P1. Other Identifier:
P2. Location: ! Not for Publication " Unrestricted *a: County Santa Clara 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 ; B.M.
c. Address 1756 Fremont Street City Santa Clara Zip 95050 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) APN 269-12-033. South side of Fremont Street between Pierce and Lincoln streets. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Statement of purpose. This property was previously evaluated, in March 2015, by Lorie Garcia, a Santa Clara historian and a previous owner of this house. Under the National Register of Historic Places, she found that the property appears to be eligible under Criterion C, for its architecture, as a contributor to a potential historic district. She also found that the property appears to be eligible for the California Register of Historical Resources at the state and local level under Criterion 2; and that the property met the City of Santa Clara’s Criteria for Local Significance A1, A3, A5, C1, and C2. (See Continuation Sheet, page 2.)
*P3b Resource Attributes:
(List attributes and codes) HP2
— single family house
*P4. Resources Present: "
Building ! Structure ! Object
! Site ! District ! Element of
District ! Other (isolates, etc.)
P5b. Description of Photo:
(View, date, accession #)
View looking south
*P6. Date Constructed/Age
and Source: " Historic
! Prehistoric ! Both
*P7. Owner and Address:
*P8. Recorded by: (Name,
affiliation, and address)
William Kostura
P. O. Box 60211
Palo Alto, CA 94306
*P9. Date Recorded: October 2023
*P10. Survey Type: (Describe) individual property
P11. Report Citation*: (Cite survey report and other sources, or enter "none".) none *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)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD — Update Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date ______________
DPR 523A (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update P3a. Description (continued)
The main purpose of this present study is to examine the fabric of the house and to determine whether it still retains integrity. Toward this end, this study includes a current description of the property and compares it with the description given in Lorie Garcia’s 2015 evaluation. This study finds a few minor differences between the property as it was in 2015 and as it is now; these differences are noted below.
This study also lists the character-defining features of the historic property, as well as those that are not character-defining.
The present study does not re-create the history of the property as related in Lorie Garcia’s evaluation, nor does it re-evaluate the property under National Register, California Register, or City of Santa Clara criteria. It also does not investigate whether a potential historic district exists in the vicinity. Current photographs of the property are included at the end of this report to support these findings.
Description
The grounds and setting, and a shed in the rear
This house sits upon a lot 42 feet in width by 156.5 feet in depth. It is set back from the property line to allow for a spacious front yard that is intensely planted with trees, shrubs, and ornamental plants dating from recent years. This yard is bisected by a straight red brick pathway, dating from recent decades, that leads from the sidewalk to the front porch. The back yard is also intensively planted, with a pathway of flagstones. One structure is also in the backyard, namely, a shed or former garage that is said in the Garcia report to date to 1924. It is clad on the front by a mix of plywood and horizontal wood siding, and on the other sides by rustic siding.
The house
The house is one story in height and is clad in channel rustic siding (called drop siding in the Garcia report). The plan or footprint of the house is rectangular save for a front porch, also rectangular, that projects from the right (west) half of the house. Both the main body of the house and the porch are sheltered by front-gabled roofs of moderate pitch with overhanging eaves on the front and sides.
The front porch measures twelve feet in width by six feet in depth. As mentioned above, it is sheltered by a gabled roof of moderate pitch with overhanging eaves. This roof is supported by two square posts, each with a tall base and layered crowns. The porch is bounded on three sides by low railings of flat planks and square balusters, has a wooden deck, and is approached by four concrete steps. These steps have wooden railings with square balusters and turned newel posts. The front door is wooden, with oval glazing in the upper half.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update P3a. Description (continued)
The main and porch roofs are each fronted by plain bargeboard with V-notched ends, and their front, or rake, eaves are supported by knee braces. Lattice vents can be found at the top of each gable. Rafters in the side eaves are exposed from below but are fronted by plain boards and gutters, hiding their ends.
Because the treatments of the main roof and the porch roof are so similar, the house’s double-gable effect is pronounced. The presence of an off-center porch, the double-gable effect, the knee braces in the eaves, and the V-notches in the bargeboards give this house a restrained Craftsman style.
Two further features of the front of the house remains to be described. One is a large, fixed window that faces the porch. It is divided by muntins into nine lights and is trimmed by plain boards. This nine-light window is also consistent with the house’s Craftsman style. The other feature is a two-over-two window to the left of the porch.
The only features on the east (left) side of the house, other than the overhanging eaves mentioned above, are three one-over-one double-hung windows, two of standard size and one sightly smaller. The west (right) side of the house has more features. From front to rear they include:
* a two-over-two double-hung window
* a non-original red-brick chimney
* a small, projecting rectangular bay window, and
* a side entrance with a porch.
The bay window measures three-and-one-half feet in width by one-and-one-half feet in depth. The window in the front plane has two-over-two sash, while those in the narrow sides have fixed five-light sash with bull’s eye corners at the top. Scroll brackets support the bay window. Both the bull’s eye corners and the scroll brackets have a 19th century appearance, not a 1920s Craftsman appearance.
Since the Garcia report states that this one-story house is a 1924 remodeling of a two-story 1870 house that was moved here, perhaps this bay window is a surviving element of the old house. If so, it seems to be the only remaining element from the 19th century.
The narrow porch on the west side has a shed roof supported by square posts, a concrete floor with several concrete steps, and plain wooden railings and balusters. The door has upper level glazing divided by muntins into six lights, and lower-level panels, one replaced by a cat door.
The rear of the house is stated in the Garcia report to be an addition of 1924. This rear addition is slightly lower than the main body of the house. In some aspects its appearance fairly closely echoes the style of the front: a pitched roof, albeit at a lesser pitch than the roof in front; plain bargeboard, though without the V-notched ends; knee braces at the eaves; channel rustic siding; and flat and door openings.
Paired vinyl doors can be found at left.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Comparison of the house in 2015 with the house today
The report by Lorie Garcia describes these aspects of the property in 2015:
* Lot dimensions 42 feet by 156.5 feet. The lot dimensions remain the same. * Front lawn with narrow planting beds with ornamental shrubbery. The plantings in the front yard are entirely different today, with intense plantings.
* New brick walkway leading to the front entrance. This walkway remains in place. * Rectangular plan, with partial basement 30 inches in height. The plan remains the same today. * Drop siding (aka channel rustic siding), trimmed with flat boards. The siding remains the same today. * Front-gabled roof of moderate pitch. Rake eave (that is, the front eave) with a wide bargeboard with a V-shaped notch at the ends. Knee braces at the peak and the ends. Visible rafter tails. All of these main roof elements remain the same today.
* Front porch with gabled roof, projecting asymmetrically (that is, from the right side of the house, not from the center). Wide bargeboard in the porch roof, with V-shaped end notches and knee-braces at the peak and at each end. Roof supported by classical wooden columns. Railings with squared balusters.
All of these porch elements are the same today, although this present report (of 2023) does not describe the porch posts as classical in style.
* Latticed attic vents in the main roof and the porch roof. These are the same today. * Porch accessed by five concrete steps. “Supplemental” railings with turned newel posts and balusters that echo those in the porch railing. The present report counts four concrete steps leading to a wooden porch deck, not five. The porch deck looks old, so there is no doubt that the steps and porch deck are the same now as they were in 2015. The newel posts and balusters are also the same. * Wooden front door with oval glazing. The front door is the same today. * Large window of nine lights divided by muntins, facing the porch. This window remains the same today.
* Craftsman style. The style of this house remains the same today.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Comparison of the house in 2015 with the house today (continued) * Three double-hung windows on the east (left) side of the house, one of them smaller than the others.
These windows remain the same today.
* On the west (right) side of the house: a two-over-two double-hung window; a non-original chimney; a squared bay window; and a secondary entrance porch. The bay window has a shed roof, supporting brackets, a two-over-two window in the front, and narrow casements on the sides. The secondary entrance has a shed roof supported by squared posts and five concrete steps leading to a concrete platform or deck. All of these elements remain the same today. Note that these elements are not described in one place in the Garcia report but are scattered in different parts of her report. * A rear addition of 1924 (per Garcia) with a pitched roof; channel lap siding; bargeboard; a six-over-six window and a small one-over-one window on the west side; a “horizontal door;” and three windows, including a six-over-six, a one-over-one, and a ribbon of smaller windows. The rear facade of the rear addition as described in the Garcia report does not match the same facade today. Today there are paired vinyl doors and fewer windows; and (per Garcia) board-and-batten siding was changed to channel lap siding.
* A rear shed/garage structure with a plywood front, board-and-batten siding elsewhere, and a sidegabled roof covered with corrugated sheet metal. Today this building has a front-gabled roof and there is no board-and-batten siding. Unknown is whether this building has truly been changed since 2015 or whether the earlier description was inaccurate.
Summary
There have been three changes to the property since the Garcia report was written in 2015. One is the intense plantings in the front and back yards. Another is the changes to the rear facade of the rear addition (removal of one or two windows and the addition of paired vinyl doors). The other is differences between the rear shed/garage as described in 2015 and today (different roof and siding).
None of these three parts of the property — the yard plantings, the rear addition to the house, and the rear shed/garage — should be considered as contributing elements to the historic property (in 2015 or today), so these changes do not affect the property’s integrity.
By contrast, all of the other elements of the house — in the front, east, and west sides — remain unchanged since 2015.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Character-defining features of the historic property
The character-defining features of the historic property include:
* The existence of a front yard. While the brick pathway and all of the plantings in the front yard appear to be recent, and thus are not historic themselves, the fact that the house is set back from the sidewalk enough to allow for a front yard is typical of a 1920s house in Santa Clara. * The channel rustic siding on the house.
* The front-gabled roof with extended eaves, bargeboard, knee braces, and latticed vent. * The front porch, its similar roof, and the squared posts, railings, wooden deck, and concrete steps. * The two windows in the front of the house, along with their trim. * The trim around the front door.
* The two-over-two window close to the porch area on the west side of the house, and its trim.
Non-character-defining features of the historic property Features that are not character-defining include:
* Plantings in the front and back yards, and the brick path leading to the front porch. * The front door. Although it is wooden, its oval glazing seems atypical for the 1920s. It thus may not be original. If it can be shown that the door dates to the 1920s, then it should be considered characterdefining. * The east side of the house. Although the three windows here are very likely original, this side of the house is not really visible from the street and it does not exhibit a Craftsman style or other strong design aesthetic.
* The squared bay window on the west side. Its bull’s eye ornament and scroll brackets are atypical for the 1920s, and so it may be a late addition. If it can be shown that it dates to the 1920s (or is a surviving element from the 1870s house), then it could be considered character-defining. * The brick chimney on the west side.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Non-character-defining features of the historic property (continued) * The secondary entrance and porch on the west side, unless it can be shown to date to the 1920s. * The 1924 rear addition to the house, which is not visible from the street and whose rear facade has been changed.
* The shed/garage behind the house.
Please see the following pages for photographs.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Photographs
The front yard and brick pathway
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Back yard and rear shed (front view)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update The front of the house, with detail of the two gables
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Porch deck, posts, and railings
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update At left: Porch ceiling and top of entrance
casing. Below: front door.
Below: Two-over-two window to the left of the porch (at left) and the nine-light window facing the porch (at right).
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Front steps with railings
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update The left side of the house, with a detail of the
eave and rafters
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update The right (west) side of the house, looking toward the rear At left: Two-over-two window
between main porch and chimney.
At left and below: Bay window with
supporting brackets.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update The porch and door on the right (west) side of the house.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Two views of the 1924 rear addition to the house.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Three details of the rear addition: The
paired vinyl doors (at upper left), a
one-over-one window (at upper right),
and a tripartite “ribbon” window (at
left).
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
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 offeatures, 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. Archeological 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.
10-Year Restoration Maintenance Plan
March 12, 2024
Joe Navasca
Yemon Oo
1756 Fremont Street
Santa Clara, CA 95050
Dear Planning Staff and Historic & Landmark Commissioners, The following is our proposed 10-year plan for the restorations and maintenance of our historic home at 1756 Fremont Street. All items to meet the Secretary of Interiors standards for Treatment of Historic Properties:
Year 1-2 (2025-2026)
Window Restoration:
Restore and repair the existing historic wood window sashes that are damaged or not working properly.
Cut the paint that prevents the windows from opening and closing, and we will install new ropes for the pulleys where needed. Fix any small areas of dry rot on the window sashes with epoxy filler and repaint them to match the original color. Replace any parts of the window sashes that have severe rot (such as stiles or rails) with salvaged or custom-made wood that matches the original style. We will also replace the cracked glazing putty and repaint the window sashes. Replace cracked glass in the kitchen and office window pane with vintage wavy glass from Urban Ore in Berkeley or comparable stores.
Year 3-4 (2027-2028)
Entry Porch Restoration:
Remove the damaged porch deck boards and replace them with new ones that are resistant to dry rot and water damage. Ensure that the new boards are properly sealed and aligned with the existing ones.
Repair stair railings and base with new wood that matches the style and profile of similar era houses in the neighborhood. Paint the porch deck and railings with colors that complement the house theme and enhance the curb appeal. Apply multiple coats of paint and primer to protect the wood from weathering and fading. Fill the sun-damaged areas with epoxy filler and sand them smooth. Repaint them with the original color to restore the uniformity and beauty of the porch. Repaint existing concrete porch slab and steps at the entry of the house.
Year 5-6 (2029-2030)
Repair original wood siding:
Repair the wood siding that has been damaged by termites, sun and water. Repair the door that leads to the basement, which has also suffered from termite and water damage. Replace the damaged parts with Redwood or wood that is treated to resist pests and weather. Paint the siding and the door with a highquality paint that matches the house original color.
Year 7-8 (2031-2032)
Painting:
The entire exterior surface of the house will be repainted, including all the eaves, gutters, downspouts, windows, doors and trim. The paint color and finish will match the existing ones. Any minor damage caused by dry rot, pests or rodents will be repaired with epoxy filler and repainted to blend in with the surrounding area. If the damage is extensive, the affected wood material will be replaced with salvaged or custom-made wood that matches the original profile.
Year 9 (2033)
Electrical & HVAC:
Update electrical systems by replacing existing knob and tube wiring to bring home up to current electrical codes for safety and preserve it long-term.
Update / refresh all existing heating and AC ventilation systems Year 10 (2034)
Roofing:
The project involves removing the existing asphalt composition shingle roofing and replacing it with new triple layer (tri-lam) asphalt composition shingle roofing that resembles the original wood shingles more closely. The new roofing will have a similar profile and shadow line to the wood shingles, enhancing the historical character of the home. The project also includes repairing any dry rot at the roof rafter tails at the eaves and installing new ogee style gutter with 2” diameter round downspouts.
The ogee style gutter is more historically sensitive than the current fascia gutters with rectangular downspouts, and will improve the drainage and appearance of the roof. Install gutter guards.
Our historic home is a precious legacy that we wish to restore to its original splendor and elegance. I am committed to preserving this remarkable piece of history and ensuring that it is admired and respected by future generations.
Sincerely,
Joe Navasca
Yemon Oo
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-668 Agenda Date: 9/5/2024
REPORT TO HISTORICAL AND LANDMARKS COMMISSION
SUBJECT
Consideration of a Historical Preservation Agreement (Mills Act Contract) (PLN24-00264) for 1756 Fremont Street.
BACKGROUND
Property owners, Joe Navasca and Yemon Oo, request a Historical Preservation Agreement (Mills Act Contract) (File No. PLN24-00264) for the property located at 1756 Fremont Street. Enacted in 1972, the California Mills Act legislation grants participating local governments the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. Santa Clara participates in the Mills Act Program. A requirement of the Mills Act Contract 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 6,573 square-foot lot located on the southwest side of Fremont Street between Pierce Street and Lincoln Street. The residence was constructed circa 1870 and relocated from the Agnew/Alviso area to the current site in 1924. When relocated, the residence was converted from a National style two-story farmhouse to a one-story house with a new roof and front porch in line with Craftsman Bungalow architectural style. The existing residence on the property is a 1,105 square-foot, one-story house designed in the National architectural style with Craftsman details. The property has a detached shed structure/garage that was constructed in 1924. The property has been altered since its relocation, including the removal of board and batten siding from the rear façade and external brick chimney, and rear addition with a pitched roof and new channel-lap siding. The property has been altered since the release of the 2015 California Department of Parks and Recreation (DPR) form in that the façade of the rear addition now has a paired vinyl door instead of a horizontal door and has fewer windows.
The property owners submitted the requisite application, including a historic survey (DPR523A Form), an Addendum to the 2015 DPR524A Form, a 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.
For Mills Act Contract requests, the Historical and Landmarks Commission makes a recommendation to the City Council for their final determination. Approved contracts are executed between the City and the property owner and recorded with the County for a minimum ten-year term. Contracts are automatically renewed each year and are transferred to new owners when the property is sold.
City of Santa Clara Page 1 of 3 Printed on 8/29/2024
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24-668 Agenda Date: 9/5/2024
DISCUSSION
The Mills Act Program allows a qualified property owner to receive a potential property tax reduction and use that savings to assist in offsetting the costs to rehabilitate, restore, and maintain their property. To qualify for this program, the property and/or building must be listed on either a local, State, or National register. The property must also have a plan to restore and rehabilitate the property.
A Department of Parks and Recreation (DPR) 523A Form was prepared by Lorie Garcia of Beyond Buildings on March 14, 2015, and the Addendum to the DPR523A Form was prepared by William Kostura in October 2023. Both assess the historical significance of the property based on National and State (California) Register criteria and the City’s local criteria for significance. The evaluators found the structure at 1756 Fremont to be in overall good condition except for the alteration to the rear façade. The evaluators concluded that the property continues to retain enough of its historic character and appearance to be recognizable as a historic resource and to convey the reason for its significance as a Historically Significant Property on the City’s HRI.
The property owners submitted a Statement of Justification and 10-Year Plan for restoration and maintenance of the property. The Plan includes window and entry porch restoration, original wood siding repair, painting, electrical and HVAC update, and roofing repair. The property owners will obtain Significant Property Alteration permits for the work described in the Plan as required by the Historic Preservation Ordinance (Chapter 18.130).
Staff finds that the work proposed in the 10-Year Restoration and Maintenance Plan adheres to the Secretary of Interior’s Standards for Rehabilitation. The proposed improvements, and the owner’s statement of justification, support the preservation, protection, and maintenance of a locally designated significant structure.
ENVIRONMENTAL REVIEW
The Mills Act Program is exempt from CEQA environmental review requirements per CEQA Section 15061(b)(3). The activity is covered by the general rule that CEQA applies only to projects which have potential for causing a significant effect on the environment where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
PUBLIC CONTACT
There is no requirement that Mills Act Contracts are publicly noticed.
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 City Council approve of the City entering into a Mills Act Contract with the property owner, and the adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement for the property located at 1756 Fremont Street.
Prepared by: Meha Patel, Assistant Planner
Reviewed by: Sheldon S. Ah Sing, Development Review Officer City of Santa Clara Page 2 of 3 Printed on 8/29/2024
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24-668 Agenda Date: 9/5/2024
Approved by: Lesley Xavier, Planning Manager
ATTACHMENTS
1. Legal Property Description
2. Historic Survey (DPR 523A Form)
3. Historic Survey (DPR 523A Form) Addendum
4. Secretary of Interior Standards for Rehabilitation
5. Statement of Justification
6. 10-Year Restoration and Maintenance Plan
7. Draft Historic Property Preservation Agreement (Mills Act Contract) City of Santa Clara Page 3 of 3 Printed on 8/29/2024
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ORDER NO.: 0631026639-
EXHIBIT A
The land referred to is sl uated in the County of Santa Clara, City of Santa Clara, S a e of California, and Is described as follows:
Lot 28, in Block 1, as shown on ha ce ain ap en i I d," ap of h ew Park Subdivision in he Town of San a Clara", which ap was 1led or Record 1n he O ice o he Recorder o h Coun o San a Cla a, Sae o Call or 1a on O o r 21, 1908 in Boo " "o aps, a Page(s) 0 and 1.
P : 269· ·03
\
/'CAI tlr;_,i[ S--/ ( (iy' SState of California -The Resources Agency Primary# D ~~§,j~[EID
DEPARTMENT OF PARKS AND RECREATION HRI# JI_ MAR 30 2015 :::::'J PRIMARY RECORD Trinomial
NRHP Status Code PLANNING
Other Listings
Review Code Reviewer Date
Page of 18 'Resource Name or#: (Assigned by recorder) Vasque'l/Garcia House P1, Other Identifier: None
*P2, Location: □ Not for Publication D Unrestricted "a. County _____ S ..... an ..... t .... a ..... C .... la=r ..... a_________ _ and (P2c, P2e, and P2b or P2d. A!lach a Location Map as necessary.) •b. USGS 7.5' Quad San Jose West Date 1980 photo revised T 7S; R .tl1:.: unsectioned ; Mt. Diab/a 8.M. c. Address 1756 Fremont Street. City Santa Clara Zip -"-'95a..:0=5-=-0 __ _ 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, elevallon, etc., as appropriate) Assessor's Parcel Number. 269-12-033
South side of Fremont Street between Pieme and Uncoln Streets *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)
DIVISION
The property at1756 Fremont Street is located in the urban setting of a small, historic subdivision that was primarily developed in the first quarter of the twentieth century. The majority of the lots are 42' x 156.50,' and the homes have similar setbacks from the street with urban sized front yards. Although there are some recent infill buildings in the area, the majority of the homes are original, similar in age, style and scale. This results in a pleasant streetscape that evokes the sense of an early twentieth century neighborhood.
The primary building on the site is a 1,105 sq. ft., one-story house, which was relocated to the site in 1924. Representing two building (Continued on page 2, form 523L)
*P3b. Resource Attributes: (List attributes and codes) HP2 Single - Family Property •p4, Resources Present: I] Building structure Object Site District Element of District Other (Isolates, etc.) ====-==--==-,--=-----===---i *P5b. Description of Photo: (view, date, s.) accession#)
Front fa<;ade (view towatd south) Photo No:
100_1530,0212015
•ps_ Date Constructed/Age and Source:
@ Historic D Prehistoric D Both
ca. 1870 and 1924
Sanbom maps; Polk City & County Dfrectories,
Assessor's Records, Census Records
*P7. Owner and Address:
Peter and Ashley Bengtsson
1756 Fremont Street
Santa Clara, CA 95050
~PS. Recorded by: (Name, affiliation, and
address)
Lorie Garcia
Beyond Buildings
P.O. Box 121
Santa Clara, California 95052
*P9. Date Recorded: March 14, 2015
*P1 O.Survey Type: (Describe) Intensive
.. P11. RepoI1 Citation: (Cite survey report and other sources, or enter "none.") . Historic Resources Inventory Form, "Vasquez House" dated ~~~ . "Attachments: NONE ~ Location Map~ Continuation Sheet ~ Building, Structure, and Object Record_ Archa~ological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record D Other (List):
DPR 523A (1/95) "Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _2_ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: --=-Lo~r~ie_G_a_rc_ia _________ *Date 03/14/2015 ~ Continuation ~Update (Continued from page 1, Form 523A, P3a. Description)
phases, originally this residence was constructed circa 1870 as a National style two-story farmhouse. When relocated to its current site in 1924 it was converted to a one-story house with a new roof and front porch added that incorporated details of the Craftsman Bungalow architectural style, popular at the time.
The house fronts roughly north onto Fremont Street and is set back from the street, towards the front of a 42' x 156.50,' 6,552 sq. ft. lot, allowing for a modest lawn area and narrow planting beds with ornamental shrubbery. A straight, brick (new) walkway leads from the Fremont Street sidewalk to the front entry. A large street tree, set in the parking strip between the walkway and driveway provides a visual barrier from the street. A wide brick (new) and gravel driveway with a concrete entry pad (new), located on the west side of the house and opening on to Fremont Street, leads to a detached wood-framed garage. Large trees on the neighboring property shade the east side of the house and as there is no fence from the rear of the house to the front sidewalk, they help define the eastern property line. A stepped wooden fence, adjacent to the driveway, defines that of the western side. A high wooden gate across the driveway separates the front elevation from the garage and the rear yard. The extensive rear yard includes lawn area, a concrete patio, curved walkways, planting beds and large trees A high wooden fence surrounds the rear yard.
The plan of this wooden single family residence is rectangular, set over a partial basement that elevates the main body of the house approximately 30" above the ground. The front gabled roof is moderately pitched, with one rake eave incorporated into the roof. The open rake eave of the front-facing gable has a wide bargeboard with a V-shaped notch at the end and is supported by a knee brace at the peak and end. Projecting asymmetrically from the front-facing gable end is a gable-roofed porch. Both of the porch's rake eaves, have wide bargeboards with a V-shaped notch at the end and are supported by a knee brace at the peak and each end. The rear extension of the house is slightly lower than the main body. The rake eaves of the main boy's rear gable have wide plain bargeboards.
The rake eaves of the extension's rear facing gable have wide, plain bargeboards and are supported by a series of five knee braces.
Rafter tails project under the medium-width eaves. The roof is clad in composition shingles.
The house is sheathed in wide, horizontal, channel lap siding (original)and is trimmed with flat boards. On the rear (south) facade, new channel lap siding has replaced the original board and batten siding (with chamfered battens) that had remained from the home's first building period. Large, horizontal lattice, attic vents accent the apexes of the front gables. A large louvered attic vent (new) is set under the apex of the main body's rear gable, replacing the original window that remained from the from the home's first building phase. Supported by brackets, a small projecting, shed-roofed, square bay window punctuates the body of the house on the west ~-------------------------, side-elevation A sma//, offset, gable-roofed addition (new) Supplemental Photograph or Drawing with a horizontal door, projects from the rear of the house, Description of Photo: (view, date, accession#)
Front fa~ade and west side elevation, view toward southeast Photo No: 100_1506, 0212015
DPR 523L (1/95)
providing entry to the basement. This basement entry has replaced the original ground-level entry. ·
The main entrance is on the front (north) fa9ade. It is accessed by 5 wide, concrete steps that lead to an offset medium sized front porch. Typical of the Craftsman
Bungalow architectural style, the small gable, echoing the larger gable behind, that caps the entry porch is supported by a classical wooden column at each open end. A
balustrade, with squared balusters, connects each column to the house and one column to a similarly-sized square post at the front steps. The steps have supplemental railings that echo those of the porch and connect to a turned newel post.
The front (main) door, is constructed of wood with an oval glass Insert set into the top half. This entry door is offset on the porch. A secondary entry is centered on the west sideelevation. Accessed by 5 concrete steps, leading to a concrete landing, it is sheltered by a shed roof supported by two squared columns. This secondary entry is wooden with a rectangular 9-light window. Inside the new addition, nine (Continued on page 3, fom1 523L)
*Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
*Recorded by: Lorie Garcia *Date _03_/_14_/_20_1_5 __________ ~ Continuation ~ Update (Continued from page 2, form 523L)
nine concrete steps (orignal) provide access to the basement.
With the exception of the large front facing fixed window that opens onto the porch and consists of 9 panes separated by muntins, fenestration is simple, rectangular in form, vertically oriented, single double-hung wooden windows. A single, 2-over-2 double-hung window is set into the front facade facing Fremont Street. On the east side-elevation, fenestration consists of a medium-sized 1-over-1 double hung window, followed by two large 1-over-1 double-hung windows. On the west side-elevation, fenestration consists of a large 2-over-2 double-hung window followed by the bay and then a 6-over-6 double hung window and a sma/11-over-1 double-hung window.
Fenestration of the bay consists of a narrow casement window on each side with a large 2-over-2 double-hung window on the bay's front face. The rear facade has a large 6-over-6 double-hung followed by a square 1-over-1 double hung window and a ribbon consisting of a 1-over-1 double hung window, a fixed pane and a second 1-over-1 double hung window. All the windows have projecting sills with an apron and are trimmed with wide flat boards. They appear to be representative of both building phases.
Set to the rear of the house, on the west property line and facing Fremont Street, is a medium sized, rectangular shed/garage structure. This wood building is mainly of board and batten construction (plywood currently sheaths the front facade). and dates to the original relocation of the house. The side-gabled roof is sheathed in corrugated sheet metal. Originally constructed as a workshop/garage with an attached wood shed, the structure currently has no automobile access. A wooden Dutch-door provides entry to the original wood shed section and wooden double doors entry to the automobile section. A wooden door, with a glass pane in the top half, provides access from the rear yard.
Most of the original character defining materials and workmanship of the 1924 building phase of the home have been retained on the residence at 1756 Fremont Street and the property is in good condition. However, the recent alterations to the rear facade of the house have seriously impacted those character defining materials and workmanship remaining from the 1870 building phase ..
DPR 523L (1/95) *Required information
State of California c The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
*NRHP Status Code NIA
Page _1- of _j§_ *Resource Name or# (Assigned by recorder) Vasquez/Garcia House B1. Historic Name: Vasquez House
B2. Common Name: None
B3. Original Use: Single family residential 84. Present Use: Single family residential *85. Architectural Style: National with Craftsman details *B6. Construction History: (Construction date, alterations, and date of alterations) Constructed as a farmhouse circa 1870. Relocated from the Agnew/Alviso area in 1924 to current site. Second story removed and craftsman style roof added, 1924. Between 2005-201 o, original, circa 1870, board and batten siding removed from rear facade, rear external brick chimney removed and new channel-lap siding added. Rear Knee braces removed and relocated. New extension with basement door constructed. Review of City records show no permits or Landmark Commission review for the above referenced 2005-2010 alterations
"'B7. · Moved? No []l Yes Unknown Date: -'-1::::..92=-4.,__ __ Original Location: On a ranch near Agnew/Alviso •es. Related Features:
Detached garage ..
B9a. Architect: not known b. Builder: not known
*B10. Significance: Theme Architecture and Shelter Area New Park Subdivision - Santa Clara Old Quad Period of Significance 1924-2005 Property Type Residential Applicable Criteria none (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) The parcel upon which the residence located at 1756 Fremont Street is located, is a portion of two large tracts of land that had been identified as Sub-Lots 21 & 22, on the original survey of the City of Santa Clara. This surveY, done July 1866 by J. J. Bowen and recorded on August 22 of that same year, forms the basis for the part of Santa Clara known as the "Old Quad." According to the list of property owners and their improvements, which accompanied the 1866 survey, Sub-Lot 21 was a 94. 70 acre tract containing a frame house, barn, orchard and vineyard and Sub-Lot 22, a 7. 75 acre tract containing a frame house and an orcoord. The accompanying property owner's list shows that Sub-Lot 21 was owned by J. P. Pierce and Sub-Lot 22, owned by Mr. Lindelf. James Pieronnet Pierce had recently purchased Sub-Lot 21 from William Lent, the original owner, for $48. 500. By 1873, J. P. Pierce had also (Continued on page 5, Form 523L)
B11. Additional Resource Attributes: (List attributes and codes) HP2- Single Family Property *B12. References: Garcia, Lorie, "Santa Clara: From Mission lo Municipality," 1997; Garcia Lorie, The New Park Subdivision, unpublished manuscript, 1999; Garcia Lorie, Geoff Goodfellow and George Giacomini, "A Place of Promise: The City of Santa Clara 1852-2002," 2002; Garcia, Lorie, Naw Park 1853- 2011: The history of Sub-Loi no, 21, a 95 acre parcel of/and in Santa Clara, California, unpublished manuscript, 2011; Interview with Josephine Mano & Frank Vasquez Nov.,. 1988; Map of the Town of Santa Clara, drawn by C. E. Moore, 1893; Museum of Building Technology, Wash., D.C., Nov. 1988; New Park Subdivision Map, 1908; Polk and Husted City Directories, 1925-197 4; Sanborn Fire Insurance Maps 1915, 1930; 1950; Tremont Na/1 Co., Waren ham, Mass., Jan., 1988; United States Federal Census, 1920, 1930, 1940; Warburton, Austin, "The .----::cc--:-:--:-::---:--c-------:c------:------, Santa Clara Saga," (articles in The American) March 13 & 20, 1987. ( Sketch Map with north arrow required.) B13. Remarks:
"B14. Evaluator: Lorie Garcia
*Date of Evaluation: March 14, 2015
(This space reserved for official comments.)
DPR 523B (1/95) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HR1#
Trinomial
Page of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: --=L-=-or"-ie=---..c.G..c.a-'-"'rc;,;,;ia:c...-_________ *Date 0311412015 ~ Continuation Q Update (Continued from page 4, Form 523B, B10. Significance)
purchased Sub Lot 22, from Mr. Lindell.
The two parcels combined gave James Pierce ownership of the entire acreage lying between Harrison Street to the north, Lincoln to the east, Lexington Street to the south and Gould Street (today's Scott Boulevard) to the west. James P. Pierce extended the orchard and vineyard Lent had planted and The Plat of Santa Clara, drawn between 1873 and 1875, indicates the northernmost area, part of which would later become the New Park Subdivision, was planted to grapes with orchards covering the southern area. Until the early 1890s, the western third of the Pierce Estate land bordering on the Homestead Road and bounded by Gould Street, where his son Richard lived, was a grain field. In 1892 this portion of the estate was also made into an orchard.
In 1897, following James P. Pierce's death, Judge Hiram H. Bond purchased 34.5 acres of the Pierce estate for $25,000 from Pierce's children. This included the main house and outbuildings and the acreage that would later become the New Park Subdivision. (The remainder of the estate continued to be owned by the James P. Pierce Co.) However, in 1905, Judge Bond ran into financial difficulties and put "New Park" on the market. After various abortive attempts to sefl the property he had purchased a decade earlier, in January 1906, The Evening News carried the announcement that Judge Bond had sold his 34.5 acre parcel of New Park, valued at $60,000, to Mr. Henry E. Brace, a wealthy eastern lumberman. A little over 2 years after the purchase of Judge Bond's property by Henry Brace, the redevelopment of this 34.5 acre portion of the original New Park estate began.
In 1908, Henry Brace's property's northern section, which had previously been "New Park" vineyard acreage, was subdivided, to be developed into residential Jots. On October 20, 1908 the front page of the Santa Clara News carried the following announcement:
Another New Residence
Tract Opened
Another new residence tract is being opened in Santa Clara. The north section of the beautiful Brace property has been purchased by C. J. Hurrle, of Stockton, who is having it cut into choice building lots to be disposed of on easy payments. Cement walks, curbing and carefully graded streets will beautify the tract, which is ideally located, and will, undoubtedly, be transformed within a very short period of time into one of the handsomest residence parks in the State. It will be known as New Park. The opening of streets is now well under way, and Mr. Hurrle will leave nothing undone to make the new subdivision ideal and perfect in every detail.
Development of the New Park SubdiVision was undertaken in October of that year, by C. J. Hurrle, a Justice of the Peace from Stockton, San Joaquin County, Letitia Innes of Santa Clara County and the Garden City Bank and Trust Company. As shown on the Map of the New Park Subdivision in the Town of Santa Clara (filed October 1908), the subdivision created BO lots, ranging from 5000 sq. ft. to 6500 sq. ft., on 2 ½ blocks and dedicated portions of Benton, Fremont and Pierce Streets to the Town of Santa Clara. The subdivision appears to have been developed by F. G. Barrows, a resident of Los Angeles, a marketed by his company, Chowchilla Colonization Co. The lots themselves were relatively inexpensive to purchase and by 1915, 40 of the tots (some combined) had houses located on them. By 1930, homes occupied all but nine of the lots. Aimed at working class and immigrant purchasers, these were modest structures.
Many of the first residents wera agricultural laborers working on farms and in canneries, or employed at the Pacific Manufacturing Company's lumber and cabinet factory as mil/hands. Laborer was the predominant occupation of the residents, most of whom had Spanish surnames. This ethnic identity would remain up to 1980 when a survey showed nearly half the property owners still had Spanish or Portuguese names, The reason for the settlement of the New Park Subdivision by so many Spanish families has its roots in the economic climate in Spain.
(Continued on Page 6, Form 523L)
DPR 523L (1/95) •Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _6_ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: _L_or_ie_G_a_rc_ia __________ *Date 03/14/2015 (Continued from page 5, Form 523L)
~ Continuation 0 Update
By the 1890s Spain's economy was in deep decline as phyloxera invaded the vineyards. The resultant hard living conditions caused thousands of Spaniards to respond to announcements, which had been posted in Spain after the turn of the century, to lure families to Hawaii, with promises of better opportunitfes and employment. By 1912, the rise of immigration peaked as 134,000 emigrants left their homeland for various countries including Hawaii. However, life on the Hawaiian sugar-plantations proved difficult and word spread of a better life in California where higher wages could be made. Also came word that California had a climate similar to Spain.
By the middle teens, many families decided to immigrate from Hawaii to California; arriving by ship in San Francisco, then moving to Santa Clara where relatives had located earlier.
Upon arrival, several of the new immigrants were made welcome at 1235 Pierce Street, property owned by the Cano family who were earlier Spanish arrivals, in what was known as "El Patio." This was a group of four small rental homes that had been relocated from the Bond Ranch. During the 1920s more and more Spanish families settled in the area, especially on Pierce Street, Fremont Street and Harrison Street. As the Spanish community grew, this area of Santa Clara became known as "Spanish Town." One of these immigrant Spanish families, was that of Alfonso Vasquez (Basques).
Born in 1886, in Esteponia, a small fishing village in the province of Malaga, Spain, in December 1911, Alfonso Vasquez married 19 year-old, Josephine Lopez Gil. Two months after their marriage, they, along with their respective families, left Esteponia to emigrate to Hawaii, where they hoped to find employment on the sugar cane plantations. Unfortunately, upon reaching Gibraltar to board the "Harpalion," the ship that would take them to Hawaii, Josephine became separated from her family. The Lopez Gill family was placed upon a ship to Sao Paulo, Brazil and Josephine never saw them again. On April 17, 1912, after a long and difficult, 56 day, passage, the Vasquez family reached Honolulu. Living in a complex of wooden cabins on a sugar plantation, for almost 6 years they stayed in Hawaii, with Alfonso working shifts at the sugar refinery, where his job was to fire the furnaces, while Josephina cared for her mothern-/aw. When family friends told them about the better opportunities in California, Alfonso and josephine decided to take advantage of the prospect to go to California, They left Hawaii in March 1918 and sailed to San Francisco. Here they lived with friends for a short time and then moved to Santa Clara, where Josephine's aunts and cousins - the Lopez, Garcia, Gil families - lived. After arriving in Santa Clara in 1918, Alfonso and Josephine Vasquez moved into "El Patio." Both Alfonso and Josephine found work, harvesting agricultural cops. In 1919, while following the tomato harvest in Manteca, Josephine gave birth to a daughter they named Josephine. They had already lost two babies and she would be their first child to survive. Upon their return to Santa Clara, Alfonso found work on several fruit ranches, including the Carpenter and Wright Ranches.
His capabilities were quickly recognized and he was made a foreman during the harvest season, finding and training fruit pickers. This enabled him to recruit his unemployed friends to pick cherries, apricots, pears and apples. During the winter months he worked pruning the fruit trees and tending to the orchards' irrigation. Alfonso worked long hours, frequently more than 12 hours a day, six and sometimes seven days a week, to support his growing family. A daughter, Frances, was born in August, 1920 and a year later an other daughter, Mary, was born in October. In March 1924, Josephine gave birth to a son, Alfonso, Jr.
In the latter part of 1924, Alfonso bought a two-story frame house from a rancher near the Agnew/Alviso area and had it moved to a Jot in Santa Clara that he had purchased for $10. This lot, at 1756 Fremont Street, was just around the comer from "El Patio," on Block 1 of the New Park Subdivision. When the house was moved, Alfonso, with the help of his friend Manuel Triano, who was a carpenter, removed the second story and at its new location added a craftsman bungalow style roof This house is the subject residence. Alfonso and Josephine, along with their three children, then moved into their "new" one-story home. Three more children would be born to the family in their home at 1756 Fremont Street; Joseph in 1928, daughter Mercedes in 1930 and Frank in 1935.
More and more Spanish families were settling in the area, some on Fremont Street, others on Harrison Street near Pierce. Along with Vasquez, the names of these families like Toledo, Cintas, Cano, Sapena, Callejon and Sanchez would become well known in Santa Clara, as their offspring grew to play prominent rotes in the town. Although a few Portuguese families had settled in the area, the Spanish culture was prevalent in the close-knit community of Spanish immigrants and, while none were rich with money, there was abundant mutual support. Both Alfonso and Josephine were happy with their new home in Spanish Town.
While staples were purchased from John Fatjo's grocery store on Franklin Street, the Vasquez family, like so many of their neighbors, (Continued on Page 7, Form 523L)
DPR 523L (1/95) *Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _7_ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House ~Recorded by: -==clo;;.;.r.c.::ie_G.;;..a~r-'-ci~a _________ *Date 03/14/2015 (Continued from page 6, Form 523L)
~ Continuation ~ Update
depended on their own efforts to feed their family. They raised vegetables In both the front and backyards, along with chickens, rabbits and ducks. During fruit harvesting time close to a 100 jars of peaches, pears and prunes would be canned, with the over-ripe fruit being made into jelly. At times during the year; three or four neighbors would come together to kill a pig, In order to make sausages, salt pork and lard. After the worl< was done there would be food and wine singing, and dancing to Spanish music. During the grape harvest, some of the families would get together to divide a ton or two of grapes. With a rented wine press, they would make the wine customarily served at dinner. And, despite the problem of prohibition, some families would make their own Spanish whiskey, "Aguardiente" with an improvised still. At the Vasquez home on Fremont Street, at times the men would gather in Alfonso's basement to partake of their efforts and discuss the politics of their new country, as well as of their homeland ..
While the Lamiera family lived immediately to the west, vacant land was on the eastem side on the Vasquez home. This was the rear of the properly owned by "Cowboy Jim" Donovan. His small house faced Benton Street on a lot that extended from Benton to Fremont Street. On this land behind his house, he kept his horses, goats, ducks, chickens and roosters, horse-drawn wagon and plowing equipment. There was also an old barn housing a blacksmith shop and stocked with hay. With a pear orchard at the end of Fremont Stf9et, living next to Jim's properly was like living on a farm.
From the time they were small, Alfonso and Josephine instilled their children with the importance of a good education, a strong work ethic and preserving their Spanish heritage. Just a few blocks down the street, was Fremont Elementary Schoof. (The site is now occupied by Fremont park and the Senior Center.) All the Vasquez children attended school at Fremont Elementary and, as Spanish was the language spoken at home, it was here they leamed to speak English. Like many of the young people In Santa Clara at the time, as the children grew older, besides continuing in school, they found jobs and added their contributions to the family. As teenagers, Josephine and Frances found summer jobs working at the Pratt-Low cannery on Bellomy Street. The younger children worl<ed In the fruit orchards, cutting apricots and picking prunes. and by working hard were able to pick as many as 80 to 100 boxes of prunes a day at 10 cents a box.
After graduating from high school, Josephine, Mary and Alfonso Jr and Mercedes, all attended Heald's Business College and received accreditation in their chosen fields, with Alfonso later attending the lJnivers/ty of Colorado where he f9ceived a degree in engineering.
Joe, who was always interested in mechanics, ended up owning his own gas station. Frank, Alfonso and Josephine's youngest child, went on to graduate from Santa Clara University with a degree in municipal management. Having become Interested in police work, he joined the Santa Clara Police Department in 1958 as a patrolman under Chief of Police Frank Sapena. After progressing through the ranks, in 1975 he was appointed assistant police chief, a position he held until his election, in 1988, as the Chief of Police for the city of Santa Clara. He was reelected in 1992 and retired in 1996.
Alfonso and Josephine had set the pattern for civic activity with their efforts on behalf of their homeland. When La Democracia Espanola, an association founded during the Spanish Civil War of 1936, was formed, Josephine organized the colfection of clothing and with other women sent the supplies to relatives in Spain. Alfonso assisted with fund raisers that sent money to the American Red Cross in Madrid to help the needy.
As adults, Alfonso and Josephine's children followed their parents example, with their own dedication to their community. After working for the State of California for 5 years, and the Federal Government for 10 years, where she received a spec/al commendation for her service to the United States Navy during WWII, Josephine was employed as the secretary to the Dean of Students at Santa Clara High School. In 197 4 and 1977, she received a special award from the student body for distinguished service to the students of Santa Clara High School and, in 1976, was named by the student body as faculty favorite of the year. Following her f9tirement after 12 years, she became involved in a number of projects, including acting as a voluntary interpreter at kaiser Hospital. She served on the executive board of the Santa Clara Cultural Society and, being interested in Spanish Heritager, in 1985, along with her b rather Frank, and sister Mercedes, she founded Santa Clara's Spanish Heritage Society, serving as its president for many years. Joe became active in several community organizatiions, including the Santa Clara Youth Center. Along with his involvement in professional orgaizations where he served as president of the Santa Clara Police Officers Association and as president of the Santa Clara County Juvenile -Officers Association, Frank became active In various civic organizations, which included the Santa Clara West Rotary Club, the Triton Museum Board of Directors, the Northwest YMCA, the Santa Clara County Boy Scouts, the Vestry of St. Mark's Church and the Spanish Heritage Society.
(Continued on Page 8, Form 523L)
DPR 523L (1/95) *Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _8_ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: _c;L.c.occrie"--"G-'-a-'-'rc'-"ia"----------- *Date 03/14/2015 (Continued from page 7, Form 523L)
~ Continuation ~ Update
After their six children had married and left home, Alfonso and Josephine continued to live in their home at 1756 Fremont Street.
Alfonso passed away in 1960 and in June 1975, Josephine left the home in which she had liVed tor half a century. She passed away in 1985
Interestingly, the next owners would also have roots in Spain. While the Vasquez family was part of the early twentieth century Spanish migration to California and Santa Clara, Lorie Garcia's family was part of that of the late eighteenth century, when her 4th great-grandparents, Jose Antonio Garcia and his wife, Petroni1a Josefa de Acuna arrived with their children in 1776, as members of the Juan Bautista de Anza party.
After living in San Francisco for several years, in early 1969, Lorie Garcia and her husband, Dell Mielich, moved with their infant son, Dell Peter, to Santa Clara. Dell, an industrial engineer, had been transferred to Moore Business Forms' office on Kifer Road, so they rented a house off of Monroe Street near Lawrence Expressway to be near his job. The following year, their daughter, Merry, was born. As the children grew, Lorie became involved in the Santa Clara Parents Nursery School and later in the founding of the Open Classroom at Westwood School. Because of her participation in both schools, she made several friends who lived in the Old Quad. As a 7th generation Californian, whose ancestors had been part of the founding of San Francisco and Santa Clara, (her 4th greatgrandfather had been a member of the mission guard at Mission Santa Clara), Lorie had always been passionately interested in California's history and she fell in love with Santa Clara's historic neighborhood.
VVhen the opportunity came in the early 1980s, Lorie Garcia and Dell Mielich jumped at the chance to purchase a home in the Old Quad, and moved with their children into 1756 Fremont Street. At the time the Mielich/Garcia family moved into their ''new" home, with the exception of a new 2-story residence that had been constructed on the land, which had been the rear of Cowboy Jims property, the New Park Subdivision was still intact with most of the original, small, 1-story houses in place. Also, many of the original families still lived in these homes and the cohesiveness that had been part of the original neighborhood life still existed. Here, both the house and the neighborhood would inspire the rest of Lorie's life.
Having been raised with the tenet of community involvement, and now part of the historic community, Lorie focused her efforts towards the preservation of Santa Clara's historic resources. Along with working on the restoration her home at 1756 Fremont Street, during which she found and exposed original interior finishes, including a remnant from the orignal building phase (a board and batten wall with cut nails and newspapers dating to the 1870s located in an interior family room) she became involved in the Historical and Arts Consortium, working on the restoration of the Headen-Inman House. At the same time, Lorie became active in the South Bay Historic Railroad Society, who were restoring the Santa Clara Depot. In 1989, the Consortium gave Lorie Garcia their "Outstanding Service Award for •The restoration of the Headen-Inman House:" When the movement to have the City of Santa Clara purchase the HarrisLass property, Lorie threw her efforts towards that goal. In 1987, she became a member of the first Board of Directors of the Historic Preservation Society of Santa Clara; the non-profit group that formed to oversee the property, and served as the board's vice-president until 1993. In 1988, Lorie was appointed to the City's Historical and Landmarks Commission, acting as Commission chair from 1989 to 1991.
Just prior to their move to 1756 Fremont Street, Dell had started his own rack and shelving installation company and as the new hightech companies in the valley grew during the 1980s, so did his business. By 1990, he was buried in work. Dell Peter had finished school and was off on his own, and that year Merry was married, an event in which the neighborhood participated. Lorie now had the time to fully pursue what had become a passion, the preservation of Santa Clara's history and historic resources.
By now, her Involvement in historic preservation had extended beyond the City of Santa Clara; In 1989, she had become a founding member of the Heritage Council of Santa Clara County, where she served as Vice-President of the Board of Directors. This organization included all the Landmark Commissions and non-profit organizations involved In historic preservation within the county.
In 1992, when It became known that there would be Federal transportation money for historic preservation projects, Lorie Garcia gathered a group of interested people In Santa Clara County to band together as a task force and pursue the funds. Called Destination Cities, this /STEA task force received more funding for their projects than anywhere else in the country, including $30,000 for restoration W()rk on Santa Clara's historic railroad depot and control tower. (Continued on Page 9, Form 523L)
DPR 523L {1/95) *Required Information
State of Callfofiiia;::: The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
· p·rinrary-1;r· - ·· -------·-·--··---··-···-·---·-----·· --- -·· HRI#
Trinomial
..
*Recorded by:_l_or_ie_G_a_rc_ia _________ *Date 03/14/2015 (Continued from page 8, Form 523l)
~ Continuation ~ Update
In 1992. Lorie was appointed to the City of Santa Clara's Planning Commission, a position she would hold for the next 11+ years.
Becoming involved in planning issues led to her, along with Andrea Loshen and Sharon High, revitalizing the Old Quad Homeowner's Association and, with a name change to Old Quad Resident's Association to be more inclusive, leading the way to General Plan Amendments #32 and #34 and the removal of the Plan Lines on Old.Quad City Streets all of which gave more protection to Tanta Clara's historic homes. This led to her receiving the California Preservation Foundation President's Award for "Initiative and Determination in Bettering Preservation Programs in Santa Clara" in 1993. Lorie Garcia now found that being a planning commissioner gave her an opportunity to bring preservation into planning at a state and national level. Serving six years on the Planning Officials Advisory Committee (POAG) of the American Planning Association, as the Region VI representative, representing the States of California and Nevada, provided the venue to incorporate preservation into the Smart Growth principles the organization developed. She was twice elected to the California Chapter of the American Planning Association, Board of Directors for a 2-year term and, as one responsibility was to develop sessions for the annual State Conference, she was able to share the importance of . preservation planning within her home state. ·
Nearing the end of the 1990s, Lorie Garcia had become aware in the upcoming sesquicentennials of the State of California (2000), University of Santa Clara {2001) and the City of Santa Clara (2002). She formed the Santa Claran's Sesquicentennial committee, which included two Council members, Patricia Mahan and Jamie Matthews, along with Geof Goodfellow, the City's Director or Planning and Inspection, George Wood, Director of Communications and Doug Gross and they started planning ways to celebrate these landmark events. Appointed the official Sesquicentennial Committee for the city, they embarked on a three year project, which included the development of a City pocket park (Sesquicentennial Park) showcasing the Battle of Santa Clara in recognition of the State's sesquicentennial, a lecture series at the University in honor of theirs. Among a multitude of events during the 12 months of 2002, the committee spearheaded the development of the "Stroll into the Past" at the City Hall plaza area, and the restoration of the Berryessa Adobe as a City historic site. While engaged in these projects, Lorie, along with Geof Goodfellow and George Giacomin coauthored the book, "A Place of Promise," the history of the City of Santa Clara form 1852 to 2002.
Living at 1756 Fremont Street in the 1980s and 1990s was a delightful and experience as it had been in the 1920s and 1930s and Lorie Garcia and Dell Mie/ich shared their home with the community during Santa Clara's Historic home Tours of 1988 and 1998.
When she wasnY busy on other projects, ft was here in the peace and quiet of her historic Fremont Street home that Lorie could be found writing numerous articles and papers on various aspects of Santa Clara history. In recognition of all her efforts to promote and. preserve Santa Clara's heritage, in 2004, the Santa Clara City Council appointed her as. "Honorary City Historian," the first individual to receive this title and, in 2010, the first year individuals were eligible to receive the award, the City Council successfully nominated Lorie to receive the State of California, Governor's Award for Historic Preservation.
Besides being deeply involved in the preservation community, Lorie became active in various civic organizations, which included the Women's League, the Santa Clara West Kiwanis and the Santa Clara Woman's Club. She served as president in both of the latter organizations and from 1998-2000, she was the California History and Landmarks Chairman for the Loma Prieta District #9 of the California Federated Women's Clubs. ·
Unfortunately, in 2004, Dell Mielich suffered a massive stroke and the following year (2005), Lorie Garcia was forced to sell their home at 1756 Fremont Street to pay for his medical care. Leonard Vaughn purchased the residence. Five years later, in December 2010, it was sold to Jaclyn and Eric Neal. The current owners, Peter and Ashley Bengtsson, bought the subject property in May 2013.
Between 1924 and 2005, the residence at 1756 Fremont Street had two sets of owners, but neither appear to be signifir;ant to the history of the region, Nation or State of California. While both the Vasquez and Mie/ich/Garcia families who are associated with it had members important to the history of Santa Clara, this does not appear to reach the level of significant influence required under Criterion 8 to be considered eligible for the National Register. Neither is the property associated with events that have made a significant contribution to the broad patterns of history or cultural heritage. It would therefore appear that the building at 1756 Fremont Street would not be eligible for the Nationar Register based on Criteria A or B. However, given the potential for a historic district in the immediate neighborhood, the residence does appear to be eligible'under Criterion C. (Continued on Page 10, Form 523L)
DPR 523l (1/95) *Required informati_on
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
*Recorded by: -=L=or-'-'ie'-G"""--"a'""'rc-'ia"--________ *Date 03/14/2015 (Continued from page 9, Fom, 523L)
~ Continuation ~ Update
The Criteria for listing in the California Register of Historical Pfaces are consistent with those for listing in the National Register.
However, they have been modified to better reflect the history of Cafifornia at both a focal and State level. Under Criterion 2, the equivalent of National Register Criterion B, the building does have a direct association with the lives of Frank and Josephine Vasquez and Lorie Garcia, persons important to local and California history. Thus, it would appear that the building at 1756 Fremont Street woufd be eligible for the California Register at both a focal and state level based on Criterion 2 In 2004, The City of Santa Clara adopted Criteria for Local Significance. Under these criteria, "any building, site, or property in the city that is 50 years old or order and meets certain criteria of architectural, cultural, historicaf, geographical or archaeological significance is potentially eligible," to be a "Qualified Historic Resource." The evaluator finds that the property meets the following criteria:
Criterion A: 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.
Due to the economic climate in Spain in the early 20th Century promises of better opportunities and employment led thousands of Spanish families to immigrate to Hawaii. However, life on the Hawaiian sugar-plantations proved difficult and word spread of a better life in California where higher wages could be made. By the middle teens, many families decided to immigrate from Hawaii to California; arriving by ship in San Francisco, then moving to Santa Clara where relatives had located earlier. Upon their arrival several settled in the newly subdivided area, known as the New Park Subdivision of 1980, During the 1920s more and more Spanish families settled in the area, especially on Pierce Street, Fremont Street and Harrison Street. As the Spanish community grew, this area of Santa Clara became known as "Spanish Town." Located on its site in 1924, the house at 1756 Fremont Street belonged to a member of this immigrant community and is only minimally altered from the Vasquez period of occupancy. It reflects Santa Clara's Spanish heritage and early 20th Century cultural development.
3, The property is associated with an important individual or group, who contributed in a significant way to the political, social, and/or cultural life of the community.
Several members of the New Park Spanish community became prominent in Santa Clara life, including the children of Alfonso Vasquez, whose family home was 1756 Fremont Street. Following her retirment from the Santa Clara High School District, Josephine Vasquez served on the executive board of the Santa Clara Cultural Society and, being interested in Spanish Heritager, in 1985, along with her brother Frank, and sister Mercedes, she founded Santa Clara's Spanish Heritage Society, serving as its president for many years. A prominant businessman, Joe became active in several community organizatiions, including the Santa Clara Youth Center.
After progressing through the ranks, in 1975, Frank Vasquez was appointed assistant police chief, a position he held until his election, in 1988, as the Chief of Police for the city of Santa Clara. He was reelected in 1992 and retired in 1996. Along with his involvement in professional orgaizations, where he served as president of the Santa Clara Police Officers Association and as president of the Santa Clara County Juvenile Officers Association, Frank became active in various civic organizations, which included the Santa Clara West Rotary Club, the Triton Museum Board of Directors, the Northwest YMCA, the Santa Clara County Boy Scouts, the Vestry of St. Mark's Church and the Spanish Heritage Society,
Lorie Garcia was a member of the second family to own the home. A 7th generation Californian, while living here she became Immersed in and dedicated to the preservation of Santa Clara history and its historic resources. She served as a member of the both City's Historical and Landmarks Commission and Planning Commission and also as an member of the County of Santa Clara's Historical Heritage Commission, several times as commission chairperson, She helped organize several preservation related groups, Including the Old Quad Resident's Association, the Heritage Council of Santa Clara County and Destination Cities, a multi-city organization. As an author, In addition to many articles, academic papers, and presentations on local history she wrote "Santa Clara:
From Mission to Municipality" (1997), Agnews," (2003) and, with Geof Goodfellow and George Giacomini, coauthored the City's (Continued on Page 11, Form 523L)
DPR 523L (1195) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
*Recorded by: _Lo~r~ie_G_a_r_ci_a _________ *Date 03/14/2015 (Continued from page 10, Form 523L)
~ Continuation ~ Update
sesquicentennial history, "A Place of Promise; Santa Clara 1852-2002." (2002), also numerous articles on portions of Santa Clara history. Lorie also founded and chaired the City of Santa Clara's Sesquicentennial Committee, which developed and participated in 3 years worth of activities celebrating the sesquicentennial celebrations of the State of California (2000), the University of Santa Clara (2001) and the City of Santa Clara (2002). In 2004, the Santa Clara City Council appointed her as "Honorary City Historian," the first individual to receive this title. In 2010, the first year individuals were eligible to receive the award, the City Council successfully nominated Lorie to receive the State of California, Governor's Award for Historic Preservation.
In addition, Lorie has been active in several civic organizations including the Santa Clara West Kiwanis and Santa Clara Woman's Club, serving terms as president of both.
No.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 ls the recognition of urban street pattern and infrastructure.
Due to the work of entities like the Santa Clara Commercial League, which promoted the area's beautiful climate and the opportunities to be found, at the turn of the 20th century more and more people were attracted to the region. In the Town of Santa Clara, agricultural production expanded and manufacturing enterprises began to grow. The township's 3,650 residents in 1900 were estimated at 4,000 by 1902 and, had increased to around 5,000 by the end of the first decade. This rise in the populatfon of Santa Clara resulted in a concurrent demand for additional housing. As a result, at the time many of the larger Sub-Lots were subdivided, including Sub-Lots 21 and 22, known at the Pierce Estate, "from which the Therion, Guncke/ and New Par Subdivisions were created.
Reflecting this period of growth and development In Santa Clara, the New Park Subdivision which was parceled in 1908, created 80 lots, ranging from 5000 sq. ft. to 6500 sq. ft., on 2 ½ blocks and dedicated the newly developed portions of Benton, Fremont and Pierce Streets to the Town of Santa Clara. The lots themselves were relatively inexpensive to purchase and by 1915, 40 of the lots (some combined) had houses located on them. By 1930, homes occupied all but nine of the lots. Aimed at working class and immigrant purchasers, these were modest structures. The residence at 1756 Fremont Street is one of these buildings.
Criterion C: Geographic significance
No.1. A neighborhood, group or unique area directly associated with broad patterns of local area history.
The subject parcel is located in the t.vo and one-half block, New Park Subdivision of 1908. Originally populated by a large number of immigrants from Spain, as well as some from Portugal (the Azores Islands) and other working class individuals, during the 1920s more and more Spanish families settled in the area; some on Pierce Street and Fremont street and others on Harrison Street near Pierce.
As the Spanish community grew, this area of Santa Clara's "Old Quad" became known as "Spanish town." This ethnic identity of this early 20th century immigrant neighborhood would remain up to the 1980s when a survey showed nearly half the property owners still having Spanish or Portuguese surnames. The Vasquez family, who owned this parcel were members of this ethnic community.
No. 2. A building's continuity and compatibility with adjacent buildings and/or visual contribution to a group of similar buildings.
By the 1930s, the majority of the homes in the New Park Subdivision had been either constructed fn or relocated to the area. The residence, located at 1756 Fremont Street was constructed circa 1870 and relocated to its current site in 1924. Its reconstruction at that time, reflecting the small working class bungalow building styles of the era, is consistent with the original pattem of small cottage and bunia/ow development found in the neighborhood. Representative of the development of this area of the Old Quad dun'ng the early 201 Century, the building is compatible with those homes in close proximity and contributes by means of its style and scale to the continuity of the early 20th Century building styles of the historic neighborhood in which it is located. (Continued on Page 12, Form 523L)
DPR 523L (1195) •Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _g_ of 18 'Resource Name or# (Assigned by recorder) Vasquez/Garcia House •Recorded by: _L-"-or'"'"iec.......cG..c.ac...rc"""ia"---------- *Date 03/14/2015 (Continued from page 11, Form 523L)
Definition of Integrity
~ Continuation ~ Update
Integrity refers to a properly's ability to convey its significance. Significance is conveyed by the retention of a resource's visual and physical characteristics and its surroundings. The National Register criteria recognize seven aspects to integrity. The seven aspects of integrity are location, design, setting, materials, workmanship, feeling, and association. To retain historic integrity, a properly will always possess several, and usually most, of these aspects. The modem test of integrity according to the Office of Historic Preservation is to stand on the sidewalk and ask yourself the following question: "Does the resource display enough of what made it significant for its historical period that it can be easily grasped by the average passerby?" Properlies must have sufficient integrity in addition to meeting the criterion for significance in order to be considered a qualified historic resource.
Evaluation of Integrity
The residence at 1756 Fremont Street has been well maintained and although the architectural integrity of the structure has been slightly diminished by alterations to the structure's rear facade, the home retains its original configuration and location. The visual and character defining features of the historic building from its period of its significance have been preserved and retained. The home retains its original configuration and location and the historical use of the structure has not changed; it remains a single family home.
The subject properly retains enough of its historic character and appearance to be recognizable as a historic property and to convey the reason for its significance.
Conclusions and Recommendations
Currently, this property is on The City of Santa Clara Architecturally or Historically Significant Properties list. In this update of the July, 1990 Historic Resources Inventory for the City of Santa Clara, although alterations have impacted the rear facade, the evaluator finds 1756 Fremont Street to retain sufficient integrity to qualify as a historic property. It appears to continue to be, based on compliance with the Local Significance Criteria, eligible for listing on the City of Santa Clara ArchitecturaJ/y or Historically Significant Properties List.
DPR 523L (1/95) *Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page ...11___ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House •Recorded by: --=Lo:::::rc.:..:ie::...G=ar:..:::cc::ia'------------ *Date 03/14/2015
HISTORIC MAPS
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~ Continuation 0 Update
1866 J.J. Bowen Surve of the Town of Santa Clara Plat of Santa Clara circa 1873-75 5UfJ L o-r.-NO 2/
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1893 C.E. Moore Map of the Town of Santa Clara
By 1893, a section of the ranch road into the Pierce estate, from Catharine to Harrison, had become part of Pierce Street and Harrison Street was in existence, extending to Gould Street (today's Scott Blvd), X marks the location of the New Park Subdivision, which, when platted in 1908, would encompass most of Sub Lot 22 and the northeast corner of Sub Lot 21 with Harrison Street delineating Its northernmost boundary.
DPR 523L (1/95) •Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page --1::j_ of ____!_L *Resource Name or# {Assigned by recorder) Vasquez/Garcia House *Recorded by: -==:Lo::.:.r.:.:;ie:....:G::.:a:::..rc::c.i=-a ___________ *Date 03/12/2015 HISTORIC MAPS cont.
~ Continuation ~ Update
MAP OF THE NEW PARK SUBDIVISION IN THE TOWN OF SANTA CLARA (Filed October 1908, Book M of Maps, pages 40 & 41)
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X indicates Lot 28 of Block 1 of The New Park Subdivision of 1908. This 42' x 156.50' parcel, is the lot to which the subject residence at 1756 Fremont Street, was relocated In 1924.
DPR 523L (1/95) *Required information
State of California -The Resources Agency
DEPARTMENT OF PARKS AND REC REA TJON
CONTINUATION SHEET
Primary#
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Page ...lJ2.._ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House "Recorded by: _Lo~n_·e_G_a_r~c·~1a __________ _ "Date 03/14/2015
SANBORN FIRE INSURANCE MAPS
1915 Sanborn Fire Insurance Map
X indicates the site of 1756 Fremont Street
Note: At this date the lot where 1756 Fremont Street would later be located is vacant but the 13 of the houses on Block 1 of the New Park Subdivision have already been
constructed
1930 Sanborn Fire Insurance Map
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1950 Sanborn Fire Insurance Map
Note: the lot next to 1756 Fremont Street Is still vacant.
DPR 523L (1/95)
J. ·~:.:. ~:..~:(~~
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. .-
~ Continuation ~ Update
F'REMONr~-,~~
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·z 1-:--~---1· .J
*Required information
0 0
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..;.
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State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HRI#
Trinomial
Page _l§__ of 18 *Resource Name or# (Assigned by recorder) Vasquez/Garcia House •Recorded by: _L"'or:..:.:ie'-G=ar..;;cc""ia ____ ~------ ~oate 03/14/2015 ~ Continuation 9 Update February 1944 aerial photo above, February 2015 aerial photo below The white X indicates 1756 Fremont Street. As shown above, pear orchards occupy the land behind the row of Peirce Street houses and Benton, Fremont and Harrison Streets end at Pierce. Below, housing now fills the orchards and Harrison and Benton Streets are extended, However, the configuration of the two "New Park Subdivision" blocks and Fremont Street remain unaltered.
DPR 523L (1/95) *Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
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Trinomial
•Recorded by: --=L-=-o'--'-rie=---...cGc-=a"-rc"-'-i=a ___________ _ *Date 03/14/2015 ~ Continuation ~ Update Additional Photos
Photo No: 100_1507
View: East side elevation & partial facade
Photo Date: February, 2015
Camera Facing: South
Photo No: 100_1523
View: Rear (South} facade showing new- channel-lap siding that replaced the orlgnal board and batten. (Also, the removed brick chimney was located on the rear facade between the driveway and first window)
Photo Date: February, 2015
Camera Facln : NW
DPR 523L (1/95)
Photo No: 100_1516
Photo No: Top riight, 100_1515
View: W side elevation from rear
Photo Date: February, 2015
Camera facing: North
Photo No: Left, 100_1512
View: West side entry
Photo date: February, 2015
Camera facing: East
View: Rear (South} facade showing lhe new addition with entry door that provides access to the basement, replacing the orlgnal ground level flat door.
Photo Date: February, 2015
Camera Facing: N
•Required infonnation
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Primary#
HRI#
CONTINUATION SHEET Trinomial
Page ~ of ~ *Resource Name or# (Assigned by recorder) Vasquez/Garcia House *Recorded by: -=L::::o~rie~G~a::.;rc::::i:::.a ___________ _ *Date 03/14/2015 g Continuation ~ Update Photo No: 100_1520
View: Rear Yard from south property line
Photo Date: February, 2015
Camera Facing: NW
DPR 523L (1/95)
Additional Photos (continued)
Photo No: 100_1518
View: Rear (South)
facade showing the
rear facing gable end
of the house's main
body, and rear.
Photo Date: 02/2015
Camera Facing: NW
Photo No: 100_1519
View: Rear (South)
facade, closei=up of
main body rear gable
showing lovered attic
vent (new) that has
replaced the orignial
cica 1870window.
Photo Date: 02/2015
Camera facing: NW
Photo No: Bottom left, 100_1521; Top right, 100_1513
View: Left, Garage - E side; Right, Garage • front
Photo Date: February, 2015;
Camera Facln : Left South· RI ht SE
*Required information
P1. Other Identifier:
P2. Location: ! Not for Publication " Unrestricted *a: County Santa Clara 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 ; B.M.
c. Address 1756 Fremont Street City Santa Clara Zip 95050 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) APN 269-12-033. South side of Fremont Street between Pierce and Lincoln streets. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Statement of purpose. This property was previously evaluated, in March 2015, by Lorie Garcia, a Santa Clara historian and a previous owner of this house. Under the National Register of Historic Places, she found that the property appears to be eligible under Criterion C, for its architecture, as a contributor to a potential historic district. She also found that the property appears to be eligible for the California Register of Historical Resources at the state and local level under Criterion 2; and that the property met the City of Santa Clara’s Criteria for Local Significance A1, A3, A5, C1, and C2. (See Continuation Sheet, page 2.)
*P3b Resource Attributes:
(List attributes and codes) HP2
— single family house
*P4. Resources Present: "
Building ! Structure ! Object
! Site ! District ! Element of
District ! Other (isolates, etc.)
P5b. Description of Photo:
(View, date, accession #)
View looking south
*P6. Date Constructed/Age
and Source: " Historic
! Prehistoric ! Both
*P7. Owner and Address:
*P8. Recorded by: (Name,
affiliation, and address)
William Kostura
P. O. Box 60211
Palo Alto, CA 94306
*P9. Date Recorded: October 2023
*P10. Survey Type: (Describe) individual property
P11. Report Citation*: (Cite survey report and other sources, or enter "none".) none *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)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD — Update Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date ______________
DPR 523A (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update P3a. Description (continued)
The main purpose of this present study is to examine the fabric of the house and to determine whether it still retains integrity. Toward this end, this study includes a current description of the property and compares it with the description given in Lorie Garcia’s 2015 evaluation. This study finds a few minor differences between the property as it was in 2015 and as it is now; these differences are noted below.
This study also lists the character-defining features of the historic property, as well as those that are not character-defining.
The present study does not re-create the history of the property as related in Lorie Garcia’s evaluation, nor does it re-evaluate the property under National Register, California Register, or City of Santa Clara criteria. It also does not investigate whether a potential historic district exists in the vicinity. Current photographs of the property are included at the end of this report to support these findings.
Description
The grounds and setting, and a shed in the rear
This house sits upon a lot 42 feet in width by 156.5 feet in depth. It is set back from the property line to allow for a spacious front yard that is intensely planted with trees, shrubs, and ornamental plants dating from recent years. This yard is bisected by a straight red brick pathway, dating from recent decades, that leads from the sidewalk to the front porch. The back yard is also intensively planted, with a pathway of flagstones. One structure is also in the backyard, namely, a shed or former garage that is said in the Garcia report to date to 1924. It is clad on the front by a mix of plywood and horizontal wood siding, and on the other sides by rustic siding.
The house
The house is one story in height and is clad in channel rustic siding (called drop siding in the Garcia report). The plan or footprint of the house is rectangular save for a front porch, also rectangular, that projects from the right (west) half of the house. Both the main body of the house and the porch are sheltered by front-gabled roofs of moderate pitch with overhanging eaves on the front and sides.
The front porch measures twelve feet in width by six feet in depth. As mentioned above, it is sheltered by a gabled roof of moderate pitch with overhanging eaves. This roof is supported by two square posts, each with a tall base and layered crowns. The porch is bounded on three sides by low railings of flat planks and square balusters, has a wooden deck, and is approached by four concrete steps. These steps have wooden railings with square balusters and turned newel posts. The front door is wooden, with oval glazing in the upper half.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update P3a. Description (continued)
The main and porch roofs are each fronted by plain bargeboard with V-notched ends, and their front, or rake, eaves are supported by knee braces. Lattice vents can be found at the top of each gable. Rafters in the side eaves are exposed from below but are fronted by plain boards and gutters, hiding their ends.
Because the treatments of the main roof and the porch roof are so similar, the house’s double-gable effect is pronounced. The presence of an off-center porch, the double-gable effect, the knee braces in the eaves, and the V-notches in the bargeboards give this house a restrained Craftsman style.
Two further features of the front of the house remains to be described. One is a large, fixed window that faces the porch. It is divided by muntins into nine lights and is trimmed by plain boards. This nine-light window is also consistent with the house’s Craftsman style. The other feature is a two-over-two window to the left of the porch.
The only features on the east (left) side of the house, other than the overhanging eaves mentioned above, are three one-over-one double-hung windows, two of standard size and one sightly smaller. The west (right) side of the house has more features. From front to rear they include:
* a two-over-two double-hung window
* a non-original red-brick chimney
* a small, projecting rectangular bay window, and
* a side entrance with a porch.
The bay window measures three-and-one-half feet in width by one-and-one-half feet in depth. The window in the front plane has two-over-two sash, while those in the narrow sides have fixed five-light sash with bull’s eye corners at the top. Scroll brackets support the bay window. Both the bull’s eye corners and the scroll brackets have a 19th century appearance, not a 1920s Craftsman appearance.
Since the Garcia report states that this one-story house is a 1924 remodeling of a two-story 1870 house that was moved here, perhaps this bay window is a surviving element of the old house. If so, it seems to be the only remaining element from the 19th century.
The narrow porch on the west side has a shed roof supported by square posts, a concrete floor with several concrete steps, and plain wooden railings and balusters. The door has upper level glazing divided by muntins into six lights, and lower-level panels, one replaced by a cat door.
The rear of the house is stated in the Garcia report to be a recent addition of 2005-2010. This rear addition is slightly lower than the main body of the house. In some aspects its appearance fairly closely echoes the style of the front: a pitched roof, albeit at a lesser pitch than the roof in front; plain bargeboard, though without the V-notched ends; knee braces at the eaves; channel rustic siding; and flat and door openings. Paired vinyl doors can be found at left.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Comparison of the house in 2015 with the house today
The report by Lorie Garcia describes these aspects of the property in 2015:
* Lot dimensions 42 feet by 156.5 feet. The lot dimensions remain the same. * Front lawn with narrow planting beds with ornamental shrubbery. The plantings in the front yard are entirely different today, with intense plantings.
* New brick walkway leading to the front entrance. This walkway remains in place. * Rectangular plan, with partial basement 30 inches in height. The plan remains the same today. * Drop siding (aka channel rustic siding), trimmed with flat boards. The siding remains the same today. * Front-gabled roof of moderate pitch. Rake eave (that is, the front eave) with a wide bargeboard with a V-shaped notch at the ends. Knee braces at the peak and the ends. Visible rafter tails. All of these main roof elements remain the same today.
* Front porch with gabled roof, projecting asymmetrically (that is, from the right side of the house, not from the center). Wide bargeboard in the porch roof, with V-shaped end notches and knee-braces at the peak and at each end. Roof supported by classical wooden columns. Railings with squared balusters.
All of these porch elements are the same today, although this present report (of 2023) does not describe the porch posts as classical in style.
* Latticed attic vents in the main roof and the porch roof. These are the same today. * Porch accessed by five concrete steps. “Supplemental” railings with turned newel posts and balusters that echo those in the porch railing. The present report counts four concrete steps leading to a wooden porch deck, not five. The porch deck looks old, so there is no doubt that the steps and porch deck are the same now as they were in 2015. The newel posts and balusters are also the same. * Wooden front door with oval glazing. The front door is the same today. * Large window of nine lights divided by muntins, facing the porch. This window remains the same today.
* Craftsman style. The style of this house remains the same today.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523L (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Comparison of the house in 2015 with the house today (continued) * Three double-hung windows on the east (left) side of the house, one of them smaller than the others.
These windows remain the same today.
* On the west (right) side of the house: a two-over-two double-hung window; a non-original chimney; a squared bay window; and a secondary entrance porch. The bay window has a shed roof, supporting brackets, a two-over-two window in the front, and narrow casements on the sides. The secondary entrance has a shed roof supported by squared posts and five concrete steps leading to a concrete platform or deck. All of these elements remain the same today. Note that these elements are not described in one place in the Garcia report but are scattered in different parts of her report. * A rear addition with a pitched roof; channel lap siding; bargeboard; a six-over-six window and a small one-over-one window on the west side; a “horizontal door;” and three windows, including a six-oversix, a one-over-one, and a ribbon of smaller windows. The rear facade of the rear addition as described in the Garcia report does not fully match the same facade today. Today there are paired vinyl doors and fewer windows.
* A rear shed/garage structure with a plywood front, board-and-batten siding elsewhere, and a sidegabled roof covered with corrugated sheet metal. Today this building has a front-gabled roof and there is no board-and-batten siding. Unknown is whether this building has truly been changed since 2015 or whether the earlier description was inaccurate.
Summary
There have been three changes to the property since the Garcia report was written in 2015. One is the intense plantings in the front and back yards. Another is the changes to the rear facade of the rear addition (removal of one or two windows and the addition of paired vinyl doors). The other is differences between the rear shed/garage as described in 2015 and today (different roof and siding).
None of these three parts of the property — the yard plantings, the rear addition to the house, and the rear shed/garage — should be considered as contributing elements to the historic property (in 2015 or today), so these changes do not affect the property’s integrity.
By contrast, all of the other elements of the house — in the front, east, and west sides — remain unchanged since 2015.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Character-defining features of the historic property
The character-defining features of the historic property include:
* The existence of a front yard. While the brick pathway and all of the plantings in the front yard appear to be recent, and thus are not historic themselves, the fact that the house is set back from the sidewalk enough to allow for a front yard is typical of a 1920s house in Santa Clara. * The channel rustic siding on the house.
* The front-gabled roof with extended eaves, bargeboard, knee braces, and latticed vent. * The front porch, its similar roof, and the squared posts, railings, wooden deck, and concrete steps. * The two windows in the front of the house, along with their trim. * The trim around the front door.
* The two-over-two window close to the porch area on the west side of the house, and its trim.
Non-character-defining features of the historic property Features that are not character-defining include:
* Plantings in the front and back yards, and the brick path leading to the front porch. * The front door. Although it is wooden, its oval glazing seems atypical for the 1920s. It thus may not be original. If it can be shown that the door dates to the 1920s, then it should be considered characterdefining. * The east side of the house. Although the three windows here are very likely original, this side of the house is not really visible from the street and it does not exhibit a Craftsman style or other strong design aesthetic.
* The squared bay window on the west side. Its bull’s eye ornament and scroll brackets are atypical for the 1920s, and so it may be a late addition. If it can be shown that it dates to the 1920s (or is a surviving element from the 1870s house), then it could be considered character-defining. * The brick chimney on the west side.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Non-character-defining features of the historic property (continued) * The secondary entrance and porch on the west side, unless it can be shown to date to the 1920s. * The rear addition to the house. This part of the house is said in the Garcia report to be of recent construction.
* The shed/garage behind the house.
Please see the following pages for photographs.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Photographs
The front yard and brick pathway
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Back yard and rear shed (front view)
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update The front of the house, with detail of the two gables
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Porch deck, posts, and railings
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update At left: Porch ceiling and top of entrance
casing. Below: front door.
Below: Two-over-two window to the left of the porch (at left) and the nine-light window facing the porch (at right).
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Front steps with railings
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update The left side of the house, with a detail of the
eave and rafters
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update The right (west) side of the house, looking toward the rear At left: Two-over-two window
between main porch and chimney.
At left and below: Bay window with
supporting brackets.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update The porch and door on the right (west) side of the house.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Two views of the modern-era rear addition to the house.
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
Recorded by William Kostura *Date October 2023 " Continuation " Update Three details of the rear addition: The
paired vinyl doors (at upper left), a
one-over-one window (at upper right),
and a tripartite “ribbon” window (at
left).
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial
CONTINUATION SHEET
DPR 523B (1/95) DPR 523 forms *Required Information
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 offeatures, 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. Archeological 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.
5/29/24 STATEMENT OF JUSTIFICATION FOR THE MILLS ACT
City of Santa Clara Historical and Landmarks Commission Re: Mills Act Application for 1756 Fremont Street
Dear Historical and Landmark Commissioners,
We’re reaching out with great enthusiasm about our Mills Act application for our home at 1756 Fremont Street. Having both grown up in Santa Clara, Yemon and I cherish the community deeply and are eager for our family to create memories here just as we did. Our love for the Old Quad’s craftsman homes led us to our dream house after years of searching. It was love at first sight, and we knew it was where we wanted to start our next chapter.
The house itself is a testament to the architectural beauty of a bygone era. Our 3-bedroom, 1 and a half bath craftsman home is a treasure trove of history and charm. The distinctive features like the frontgabled roof with its latticed vent, the rustic siding, and the elegant trim around the doors and windows captured our hearts. These are the details we fell in love with, and these are the details we are committed to preserving. We are deeply appreciative of the Mills Act’s role in helping homeowners like us protect the streetscape and character of our historic neighborhood; we’re grateful for the opportunity it presents.
We thank you for your time and consideration of our Mills Act application. Our application is supported by William Kostura’s historic evaluation (DPR523), which underscores the historical importance of our residence. We are not just preserving a house; we are upholding the legacy of the Old Quad and ensuring that the historical narrative of Santa Clara continues to be told. We look forward to the possibility of working together with you to achieve this goal.
Warm regards,
Joe Navasca & Yemon Oo
1756 Fremont St.
Santa Clara, CA 95050
10-Year Restoration Maintenance Plan
March 12, 2024
Joe Navasca
Yemon Oo
1756 Fremont Street
Santa Clara, CA 95050
Dear Planning Staff and Historic & Landmark Commissioners, The following is our proposed 10-year plan for the restorations and maintenance of our historic home at 1756 Fremont Street. All items to meet the Secretary of Interiors standards for Treatment of Historic Properties:
Year 1-2 (2025-2026)
Window Restoration:
Restore and repair the existing historic wood window sashes that are damaged or not working properly.
Cut the paint that prevents the windows from opening and closing, and we will install new ropes for the pulleys where needed. Fix any small areas of dry rot on the window sashes with epoxy filler and repaint them to match the original color. Replace any parts of the window sashes that have severe rot (such as stiles or rails) with salvaged or custom-made wood that matches the original style. We will also replace the cracked glazing putty and repaint the window sashes. Replace cracked glass in the kitchen and office window pane with vintage wavy glass from Urban Ore in Berkeley or comparable stores.
Year 3-4 (2027-2028)
Entry Porch Restoration:
Remove the damaged porch deck boards and replace them with new ones that are resistant to dry rot and water damage. Ensure that the new boards are properly sealed and aligned with the existing ones.
Repair stair railings and base with new wood that matches the style and profile of similar era houses in the neighborhood. Paint the porch deck and railings with colors that complement the house theme and enhance the curb appeal. Apply multiple coats of paint and primer to protect the wood from weathering and fading. Fill the sun-damaged areas with epoxy filler and sand them smooth. Repaint them with the original color to restore the uniformity and beauty of the porch. Repaint existing concrete porch slab and steps at the entry of the house.
Year 5-6 (2029-2030)
Repair original wood siding:
Repair the wood siding that has been damaged by termites, sun and water. Repair the door that leads to the basement, which has also suffered from termite and water damage. Replace the damaged parts with Redwood or wood that is treated to resist pests and weather. Paint the siding and the door with a highquality paint that matches the house original color.
Year 7-8 (2031-2032)
Painting:
The entire exterior surface of the house will be repainted, including all the eaves, gutters, downspouts, windows, doors and trim. The paint color and finish will match the existing ones. Any minor damage caused by dry rot, pests or rodents will be repaired with epoxy filler and repainted to blend in with the surrounding area. If the damage is extensive, the affected wood material will be replaced with salvaged or custom-made wood that matches the original profile.
Year 9 (2033)
Electrical & HVAC:
Update electrical systems by replacing existing knob and tube wiring to bring home up to current electrical codes for safety and preserve it long-term.
Update / refresh all existing heating and AC ventilation systems Year 10 (2034)
Roofing:
The project involves removing the existing asphalt composition shingle roofing and replacing it with new triple layer (tri-lam) asphalt composition shingle roofing that resembles the original wood shingles more closely. The new roofing will have a similar profile and shadow line to the wood shingles, enhancing the historical character of the home. The project also includes repairing any dry rot at the roof rafter tails at the eaves and installing new ogee style gutter with 2” diameter round downspouts.
The ogee style gutter is more historically sensitive than the current fascia gutters with rectangular downspouts, and will improve the drainage and appearance of the roof. Install gutter guards.
Our historic home is a precious legacy that we wish to restore to its original splendor and elegance. I am committed to preserving this remarkable piece of history and ensuring that it is admired and respected by future generations.
Sincerely,
Joe Navasca
Yemon Oo
Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
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 ___________, 2024, ("Effective Date"), by and between Joe Navasca and Yemon Oo, owners of certain real property located at 1756 Fremont Street (“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 "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 269-12-033, and generally located at the street address 1756 Fremont Street, in the City of Santa Clara ("Historic Property"). A legal description of the Historic Property 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 May 15, 2024.
The Proposal included a Primary 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 Property 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/1756 Fremont Street Typed: 07/03/2024
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 term of ten (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 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 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 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 Property, 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 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.
Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
(c) OWNERS shall allow, and CITY requires, that after five (5) years, and every 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 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 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 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 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 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 Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
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 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 party 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 hearing, any relevant evidence may be presented by either party, 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 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 Property 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 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 every contract, deed, or other instrument 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.
Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
(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 1756 Fremont 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 parties hereto.
CITY: City of Santa Clara
Attn: City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050
OWNERS: Joe Navasca and Yemon Oo
1756 Fremont Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Property, 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 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, 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 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 Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion 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 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 Property 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 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 Department may collect such Mills Act Historic Property Contract application fee of $8,735.80 (eight thousand, seven hundred, and thirty-five dollars and eighty 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 ordinary 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 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 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 Historic Property Preservation Agreement/1756 Fremont Street Typed: 07/03/2024
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, 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 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/1756 Fremont Street Typed: 07/03/2024
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:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
Joe Navasca and Yemon Oo
Owners of 1756 Fremont Street
By: _____________________________
Joe Navasca and Yemon Oo
1756 Fremont Street
Santa Clara, CA 95050
“OWNERS”
Exhibits:
A – Property Description
B – Primary Record
C – Standards for Rehabilitation
D – Restoration Schedule
5/29/24 STATEMENT OF JUSTIFICATION FOR THE MILLS ACT
City of Santa Clara Historical and Landmarks Commission Re: Mills Act Application for 1756 Fremont Street
Dear Historical and Landmark Commissioners,
We’re reaching out with great enthusiasm about our Mills Act application for our home at 1756 Fremont Street. Having both grown up in Santa Clara, Yemon and I cherish the community deeply and are eager for our family to create memories here just as we did. Our love for the Old Quad’s craftsman homes led us to our dream house after years of searching. It was love at first sight, and we knew it was where we wanted to start our next chapter.
The house itself is a testament to the architectural beauty of a bygone era. Our 3-bedroom, 1 and a half bath craftsman home is a treasure trove of history and charm. The distinctive features like the frontgabled roof with its latticed vent, the rustic siding, and the elegant trim around the doors and windows captured our hearts. These are the details we fell in love with, and these are the details we are committed to preserving. We are deeply appreciative of the Mills Act’s role in helping homeowners like us protect the streetscape and character of our historic neighborhood; we’re grateful for the opportunity it presents.
We thank you for your time and consideration of our Mills Act application. Our application is supported by William Kostura’s historic evaluation (DPR523), which underscores the historical importance of our residence. We are not just preserving a house; we are upholding the legacy of the Old Quad and ensuring that the historical narrative of Santa Clara continues to be told. We look forward to the possibility of working together with you to achieve this goal.
Warm regards,
Joe Navasca & Yemon Oo
1756 Fremont St.
Santa Clara, CA 95050
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-990 Agenda Date: 11/12/2024
REPORT TO COUNCIL
SUBJECT
Informational Report on 2024 Q3 Legislative Updates
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On October 9, 2018, the City Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy. The LAP Policy establishes guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government. The policy also provides guidance for City officials who serve on regional, State, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
The Council is required to annually adopt or update LAPs at the beginning of the calendar year to identify specific legislative priorities outside of the LAP Policy’s legislative guiding principles. On December 12, 2023, the City Council adopted eleven (11) LAPs that were updated for 2024 on the following key issues:
· Broadband, Cable Services, and Wireless Facilities
· Community Services
· Emergency Management
· Energy Legislation, Regulations and Issues
· Housing
· Human Resources and Public Sector Employment
· Public Safety
· Regional Issues and Collaboration
· Sustainability and Environmental Protection
· Transportation Issues
· Water Supply and Conservation
The LAP Policy includes the following procedures that streamline the City’s legislative review and advocacy process:
· If the City Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAP, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the City.
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24-990 Agenda Date: 11/12/2024
· In order to keep the City Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items in the Council Meeting Agendas.
· Staff will provide and/or coordinate quarterly legislative updates on public policy items of interest to the City Council and departments.
In coordination with staff, the City’s legislative advocacy consultant, Townsend Public Affairs, Inc. (Townsend), tracks and monitors legislation and advocates the City’s position on various legislation at the State and federal levels of government. This report provides an update on such efforts.
DISCUSSION
A 2024 Q3 Legislative Update prepared by Townsend summarizes key State and federal updates that have occurred recently (Attachment 1). Townsend has also provided a 2024 Q3 Legislative Bill Matrix that outlines key State legislation that staff and Townsend are tracking (Attachment 2). The bills are grouped under their respective LAP and a summary has been provided for each bill.
City action on legislative items for the quarter is documented in the 2024 Q3 Legislative Action Summary (Attachment 3), along with copies of legislative letters, in accordance with the LAP Policy requirement to provide copies of the letters or a summary of actions to Council.
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 City has an existing agreement with Townsend Public Affairs for State and federal legislative advocacy services. Townsend’s services which are described in this report are included in the consultant’s monthly service fee.
COORDINATION
This report has been coordinated with Townsend Public Affairs 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
Note and file the informational report on 2024 Q3 legislative updates.
Prepared by: Christine Jung, Assistant to the City Manager City of Santa Clara Page 2 of 3 Printed on 11/8/2024
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24-990 Agenda Date: 11/12/2024
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. 2024 Q3 Legislative Update by Townsend Public Affairs
2. 2024 Q3 Legislative Bill Matrix
3. 2024 Q3 Legislative Action Summary
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M E M O R A N D U M
To: City of Santa Clara
From: Townsend Public Affairs
Casey Elliott, Vice President
Date: October 22, 2024
Subject: Q3 Legislative Update
The month of September saw the conclusion of legislative activity with the Governor taking action on the last of the 1,206 bills that were sent to his desk. In total, the Governor signed 1,017 bills and vetoed 189, marking a slightly higher than average veto rate over his tenure. The most common reason cited for vetoes was the state’s budget deficit and the concern that measures would exacerbate the state’s delicate fiscal footing. Other veto messages include warnings of controversial policy, legality, local control, or implementation. The vast majority of bills will go into effect January 1, 2025, while some have a delayed effective date to allow state or local agencies to prepare. Lawmakers will return briefly on December 2 for Organizational Session to welcome newly elected members and kick off the 2025-26 session. 2024 State Legislative Wrap-up
The 2024 legislative session came to a dramatic close just after midnight on Saturday, August 31, as both chambers were engulfed in a flurry of last-minute proposals, political maneuvering, and power plays among leadership in both houses and the Governor’s administration. The adjournment marked the end of the two-year 2023-24 Regular Legislative Session, which saw nearly 5,000 bills introduced over the course of the two years.
While last-minute policy introductions are a common feature of California's legislative process, this session was notable for the unusually high number of bills and amendments introduced in the final 72 hours. These last-ditch efforts aimed to make sweeping changes in key areas such as energy policy, industrial land use regulations, and gas pricing, among others.
Adding to the usual end-of-session frenzy, Governor Newsom called a special session just hours before the regular session's end to address new mandates on oil refineries aimed at reducing gas prices. This unexpected move effectively pushes the Legislature into overtime, as the Administration is now asking lawmakers to grapple with the complex and politically sensitive issue of energy affordability just as the campaign season kicks into high gear ahead of the November 5 election.
The conclusion of the 2024 legislative session also signals the start of the Interim Recess and the ramp-up to the November 2024 General Election. At least 23 State Assembly seats and 12 State Senate seats are set to change hands due to incumbents being termed out of office or otherwise choosing not to seek re-election, representing over 25% of each house. When the Legislature
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reconvenes in January 2025 for the start of the 2025-26 session, a wave of freshman legislators will bring new priorities, leadership styles, and political dynamics to Sacramento.
Below is a detailed overview of priority measures and key events from the 2024 legislative session, organized by issue area:
Bonds
Pivoting away from impacting the state budget, ten different legislators introduced bills that proposed to place general obligation bonds on the ballot. AB 247 by Assemblymember Al Muratsuchi (D-Torrance) and SB 867 by Senator Ben Allen (D-Santa Monica) were the only two measures to make it out of the fray and are now Propositions 2 and 4, respectively, on the November General Election ballot. Prop 2 dedicates $10 billion for public school and community college facilities and Prop 4 issues $10 billion for various climate and environmental protection projects.
The deficit strained the Legislature’s capacity to authorize multiple bonds, so state lawmakers were forced to prioritize which bonds were to advance and also how much should be financed by each proposed bond. By approving bonds for school facilities and environmental protection projects, initiatives that would have funded higher education facilities, flood control, fentanyl prevention, and housing were put on hold. While housing is a top priority for the state, many were disappointed that a housing bond was not approved for the ballot.
The two bonds that will be on the November ballot, Propositions 2 and 4, would still have a significant impact on the state’s budget. The Legislative Analyst’s Office estimates the cost to pay off Prop 2 would be $500 million per year for 35 years, and $400 million per year for 40 years for Prop 2 totaling $33.5 billion over the life of both bonds. Currently, the state is paying about $6 billion per year on debt service for existing bonds, so the drawdown on resources is substantial when weighing which bonds to approve each year.
Behavioral Health and Homelessness
Flexible Local Homeless Funding and “Local Accountability” The Governor and the Administration continued their plight for local accountability related to the spending of state budget homelessness dollars that are directly allocated to local governments throughout the 2024 Legislative session. While the 2024 budget deficit presented an issue for the continuance of local homelessness dollars, ultimately, the funding was restored due to the persistence of local governments and their existing programs. However, the use of funds was the subject of scrutiny.
In 2023, the Joint Legislative Audit Committee initiated an audit of the State’s homelessness funding, including an evaluation of the efforts undertaken by the State to address the growing crisis. With over 180,000 Californians experiencing homelessness in 2023, the State Legislature has committed billions of dollars in funding to prevent and end homelessness. In 2018, the Homeless Emergency Aid Program (HEAP) allocated $500 million in block grants, providing direct assistance to localities in addressing homelessness across California.
Despite notable progress in recent years, local governments, which are primarily responsible for implementing homelessness programs and collecting data, bore the brunt of effectively evaluating program effectiveness and implementing regional plans to evaluate their effectiveness. As the homelessness crisis has worsened, the State has allocated $24 billion over the past five fiscal years for homelessness and housing programs, according to the Legislative Analyst’s Office.
Despite budget constraints and proposed cuts, local governments were successful in advocating for the restoration of a number of budget programs, including:
• Homeless Housing, Assistance, and Prevention (HHAP): HHAP provides local jurisdictions with flexible funding to support regional coordination and to expand or develop local capacity for addressing immediate homelessness challenges. Local leaders underscored the need for ongoing support through HHAP, arguing that regional collaboration is key to long-term solutions. Their advocacy ensured HHAP funding remained a priority in the state’s budget, allowing jurisdictions to continue addressing the homelessness crisis at the ground level. This funding was restored in line with previous allocations to the tune of $1 billion, annually, with new requirements for local governments who receive direct allocations to create memorandums of understanding with neighboring jurisdictions regarding the disbursement and use of funds. • Encampment Resolution Funding (ERF): ERF offers competitive grants to help local jurisdictions provide services and supports that improve the health and safety of people living in encampments. It focuses on creating meaningful pathways to stable housing.
Local governments successfully argued for the program’s inclusion in the budget, highlighting the urgent need for resources to address the humanitarian challenges of encampments, while also reducing their public health and safety risks. These funds were continued within the state’s budget process, and complement the goals of the Governor’s executive order and Grants Pass decision to remove encampments.
Energy
Income-Tiered Rate Policies and Regulations
The 2024 Legislative Session began with a focus on energy reform, including several proposals to repeal provisions of AB 205 (2022). AB 205 had directed the California Public Utilities Commission (CPUC) to develop income-graduated fixed charge for energy bills for customers of Investor-Owned Utilities (IOUs). Under this measure, the CPUC was tasked with working alongside IOUs to establish income-based rates, which were initially proposed to range from $24 per month for low-income earners to $128 per month for households earning $180,000 or more annually.
The implementation of AB 205's provisions faced criticism from a range of stakeholders.
Environmental groups argued that the proposed joint IOU plan did not sufficiently charge highincome earners their fair share. The solar industry, which relies on high electricity rates to justify the cost of rooftop solar installations, advocated for a shift toward time-differentiated rates to encourage flexible demand. Meanwhile, local agencies called for fixed rates to remain low, with substantial rebates offered to those who electrify by certain deadlines.
These concerns led to multiple legislative proposals aimed at repealing AB 205 or introducing oversight measures to prevent future cost shifts. Among these were AB 1999 (Irwin), which sought to repeal the income-based rate escalator, and AB 1912 (Pacheco), which would have mandated a third-party actuarial review of all legislative proposals affecting energy ratepayers. These reviews would have needed to be completed and considered before any final vote.
Despite the momentum, both legislative proposals were set aside by leadership amid ongoing internal negotiations involving the Legislature, the Administration, and the CPUC. Concerns over high costs for ratepayers, passthrough provisions, and the potential need for IOUs to access sensitive tax information to determine income levels ultimately led the CPUC to reject the original income-escalated charge proposal. Instead, a new structure was adopted, charging residential customers a flat rate of $24.15 per month, with a reduced rate of $6 to $12 for those enrolled in low-income programs. This new rate was implemented by the CPUC in July.
Last Minute Rate Reduction and Clean Energy Bill Proposals As previously mentioned, the final days of the 2024 Legislative Session featured the introduction of numerous late-breaking amendments that inserted new policy proposals into existing bill vehicles. Among these were six measures focused on addressing California’s clean energy challenges, specifically meeting mandates for clean, carbon-free energy and reducing some of the nation’s highest electric bills.
The primary proposal targeting California’s escalating electric bills, AB 3121 (Petrie Norris), sought to provide each household with a modest, one-time credit ranging from $30 to $70. The estimated $500 million in savings would have been drawn from cuts to utility programs benefiting low-income residents and schools. Advocates for these programs argued that the proposed cuts would disproportionately harm low-income Californians and children while offering only a minimal reduction in ratepayers’ utility bills. This measure ultimately failed to pass before the end-ofsession deadline.
Another significant proposal, AB 3264 (Petrie Norris), mandates that the Public Utilities Commission study ways to reduce the costs associated with expanding transmission capacity and report on energy efficiency programs funded through consumers’ utility bills. This bill successfully passed through the legislature under the tight deadline and was signed into law by the Governor.
Other proposals within the late-breaking package that passed the legislative process included SB 1420 (Caballero), which aimed to streamline hydrogen facility permitting, and SB 1142 (Menjivar), which sought to prevent power shutoffs for ratepayers with active payment plans. Two additional bills did not survive the legislative process, including SB 1003 (Dodd), which would have increased oversight of utility wildfire costs. In a statement to the press following the session's close, Senate Pro Tem Mike McGuire expressed his commitment to reintroducing more energyrelated proposals next year to build upon the efforts of this package.
Housing and Land Use
RHNA Reform
As is typical of the Legislature in recent years, the 2024 Legislative Session was keenly focused on housing production and compliance with state housing laws. This included an analysis of the regional housing needs allocation (RHNA) process and improvements that could be implemented prior to the start of Cycle 7. In April, the California Department of Housing and Community Development (HCD) released its entitled California’s Housing Future 2040: The Next Regional Housing Needs Allocation (RHNA), outlining dozens of suggested reforms to improve the RHNA methodology, regional determination, and compliance process.
A series of bill proposals emerged during the session that aligned with the suggested reforms in the report. This included:
• AB 3093 (Ward), which creates two new income categories - Acutely Low Income (ALI) and Extremely Low Income (ELI) - in the Regional Housing Needs Determination, Regional Housing Needs Allocation, and Housing Element Law. Creating the ELI and ALI categories will require regions and local governments to develop targeted programs and strategies in their housing elements that cater to the needs of Californians at the lowest end of the income spectrum, including homeless individuals and those at risk of homelessness. This bill drew strong support from, and was signed into law by, the Governor.
• SB 7 (Blakespear) makes a number of technical changes to the regional housing needs determination process conducted by HCD and the regional housing needs allocation process conducted by HCD or Councils of Governments. This measure passed the Legislature and was signed by the Governor.
Other proposals geared toward reforming the RHNA process included AB 2485 (Carrillo), which would require HCD to convene and engage specified stakeholders to consider improvements to the process of determining the housing needs for each region. The bill would also require HCD to publish specified data and information on its website regarding the decision-making process used to determine regional housing needs. While this bill drew a wide array of support from local stakeholders, it was ultimately held in the second house appropriations committee.
Builder’s Remedy
In addition to RHNA reforms, the Legislature this year turned its attention to refining the Builder’s Remedy, a provision within the 1982 Housing Accountability Act (HAA) that prevents local governments from denying housing developments that include 20% lower-income units, even if the project does not conform to local zoning laws—provided the jurisdiction has not adopted a compliant housing element. Although several developers have attempted to invoke the Builder’s Remedy in recent years, they have largely been unsuccessful.
During the session, lawmakers introduced several proposals aimed at clarifying and refining the Builder’s Remedy, focusing on legal interpretation, timing, and specific parameters for development projects. These proposals include:
• AB 1886 (Alvarez): Clarifies that the Builder’s Remedy is triggered by a determination of noncompliance from HCD. It also specifies that development standards apply only if the city is in compliance, and projects remain eligible if the application was submitted while the city was non-compliant.
• AB 1893 (Wicks): Establishes guidelines regarding density, underlying zoning, and objective standards that a development must meet to qualify for the Builder’s Remedy. It also reduces the required amount of affordable housing for a project to be eligible. • AB 2023 (Quirk-Silva): Introduces a rebuttable presumption of invalidity for housing elements deemed noncompliant by HCD, raising the burden of proof for jurisdictions seeking to challenge or dismiss HCD’s noncompliance determination.
Despite facing opposition from local agencies, all three bills successfully passed the Legislature and were signed into law by the Governor.
Industrial Land Use Standards
In a familiar legislative maneuver, AB 98—previously stalled earlier this year—was revived to establish design standards, electrification requirements, and minimum setback distances for logistics facilities located near sensitive receptors such as homes, schools, and hospitals in the closing days of the legislative session. The bill also mandates that local governments update their circulation elements to incorporate truck routes, signage, parking, and idling restrictions, with enforcement led by the Attorney General.
Weeks before the end of the legislative session, rumors emerged that stakeholders had returned to negotiations to reach a new agreement on warehouse development and zoning standards.
When the language was finalized, the Laborers’ International Union of North America and the California Chamber of Commerce took the lead in advocating for the revised bill. Although CalChamber officially maintained a "neutral" stance, it encouraged its members to support the compromise despite having opposed the prior version of the warehouse bill, AB 1000, from last year. Local government organizations were largely excluded from the drafting process and ultimately launched an opposition campaign due to the increased financial and legal burdens imposed on cities and counties. Similarly, environmental justice groups opposed the bill, citing concerns over provisions that would allow warehouse and distribution center development to continue near sensitive areas.
After moving through policy and fiscal committees in the final 72 hours of the session, the bill encountered delays caused by political maneuvering between Senate and Assembly leadership, who were negotiating which bills to prioritize in the final days. Just 30 minutes before the midnight deadline, AB 98 passed the Assembly floor and was transmitted to the Governor, who signed the bill. The narrow vote margins and impassioned speeches on both legislative floors underscored the contentious nature of the bill and the rushed legislative process. It is expected that further amendments will be required to address unresolved issues in the next legislative session.
Revenue and Taxation
Impact Fees
Housing affordability remained a central legislative theme in 2024, with impact fees and exactions targeted as contributors to high development costs. A critical decision from the U.S. Supreme Court this year mandated that local governments establish a clear "essential nexus" between development projects and the fees they impose, ensuring that fees are "roughly proportional" to the actual impact of the development. This ruling has the potential to significantly affect local government revenue streams.
In addition, the Legislature advanced several measures aimed at limiting or deferring impact fees, including:
SB 937 (Wiener), which defers certain development fees until a certificate of occupancy is issued.
It also locks in impact fees before a building permit is granted and prohibits indexing fees for inflation or charging interest on deferred fees. While local governments opposed the measure, it passed and may see further refinement in future sessions.
AB 1820 (Schiavo), which creates a framework for developers to receive preliminary and final estimates of project-related fees and exactions within specific timeframes.
Both bills passed the Legislature and were signed into law by the Governor.
Labor and Employee Relations
At the outset of the legislative session, several bills were introduced by progressive lawmakers, with backing from major labor organizations. The labor groups, alongside numerous employee advocacy organizations, have recently prioritized addressing the reported labor shortages in the public sector. According to a recent study by the UC Berkeley Labor Center, vacancy rates in county job positions within three of California's most populous counties are now 1.5 to 2 times higher than they were prior to the COVID-19 pandemic.
In response to these vacancy rates and workforce gaps, several pieces of legislation were introduced, seeking to increase transparency in public sector bargaining unit vacancies and to promote the hiring of internal labor over consultants. These measures also included substantial data reporting requirements for existing consultants and contractors in the public sector, aiming to support arguments in favor of using internal labor groups for essential tasks.
The principal bills—AB 2557 (Ortega) and AB 2651 (McKinnor)—faced significant opposition from local governments and business interests during the legislative process. Despite this resistance, both bills successfully advanced through policy committees, largely along party lines, due to robust support from labor advocates among committee members. However, AB 2557 (Ortega), which would have required extensive reporting and auditing on public sector contracting, failed to pass the Senate Appropriations Committee before the legislative deadline and was shelved for the year. In contrast, AB 2561 (McKinnor), mandating that local public agencies with more than a 20% vacancy rate in any bargaining unit publicly present updates on vacancies, recruitment, and retention efforts at least once per fiscal year, passed the Legislature in the final days of the session and was signed into law by the Governor.
Public Safety
This year, Governor Newsom and legislative leadership in both houses prioritized addressing retail theft, resulting in a comprehensive public safety package. After several Retail Theft Select Committee hearings, a series of bills emerged and were signed by the Governor on August 16 as part of an early action public safety initiative. These measures aim to enhance public safety statewide without amending Proposition 47 (2014). The key bills include:
• AB 1779 (Irwin): restores cross-jurisdictional prosecutions for thefts committed in more than one county.
• AB 1802 (Jones-Sawyer): makes permanent the crime of organized retail theft and the operation of the CHP property crimes task force.
• AB 1960 (Soria): provides enhanced penalties for individuals who take or destroy property while committing a felony (smash and grab).
• AB 1972 (Alanis): expands the CHP property crimes task forces to combat increased levels of cargo theft.
• AB 2943 (Zbur, Speaker Rivas): creates the new crime of unlawful deprivation of a retail business opportunity and makes changes to law on arrest authority, aggregation, and probation terms for theft-related offenses.
• AB 3209 (Berman, Speaker Rivas): authorizes courts to impose a Retail Crime Restraining Order on repeat offenders.
• SB 905 (Wiener): creates a new alternate felony-misdemeanor for any person who forcibly enters a vehicle with the intent to commit a theft
• SB 982 (Wahab): eliminates the sunset date for the crime of retail theft and the existence of a CHP taskforce to analyze organized retail theft activities • SB 1416 (Newman): creates new sentencing enhancements for selling property acquired through shoplifting
Despite these legislative advancements, concerns remain among some public safety advocates that avoiding amendments to Proposition 47 may not sufficiently deter retail theft or enhance community safety. These concerns led to the launch of a ballot initiative, backed by District Attorneys, aiming to introduce stricter penalties for theft and drug-related crimes. Proposition 36 (Drug and Theft Crime Penalties and Treatment-Mandated Felonies Initiative), now qualified for the November ballot, proposes key changes to existing laws, including harsher penalties for serial theft offenders, increased felony charges for organized retail theft involving three or more people, and extended sentences for drug-related offenses involving substances like fentanyl, heroin, and methamphetamine.
Initially, Governor Newsom introduced “poison pill” amendments to his retail theft package, which would have nullified the newly signed bills if Proposition 36 passed. However, following significant backlash, the nullification provisions were removed prior to final approval of the bills.
At the November General Election, voters will decide on Proposition 36, which proposes rolling back aspects of Proposition 47 by restoring harsher penalties for serial theft offenders and drug traffickers, among other reforms. The initiative also introduces a "treatment-mandated felony" option for individuals charged with drug possession, allowing for charges to be dismissed upon completion of a rehabilitation program. Additionally, it would require courts to warn drug dealers that they could face murder charges if their actions result in a death.
Because the Governor’s Retail Theft Package avoids amending Proposition 47 and Proposition 36 explicitly seeks to amend the 2014 initiative, both measures could be enacted without conflict, taking effect in January 2025. This dual approach could strengthen public safety by increasing accountability for offenders and providing additional enforcement tools, all while avoiding the pitfalls of past policies that contributed to prison overcrowding. After a decade of debate on Proposition 47’s impact, California voters will have the opportunity to shape the state's approach to addressing retail theft and public safety moving forward.
Fire Insurance
At the conclusion of the 2023 Legislative Session, the Governor and the Insurance Commissioner took significant action through an executive order and regulatory proceedings to enact changes aimed at stabilizing California’s insurance market and retaining insurance companies in the state.
This initiative focused on four key objectives: (1) Expanding insurance coverage in high-risk areas, (2) Modernizing the FAIR Plan to reintegrate members into the standard insurance market, (3) Updating rate review and filing timelines, and (4) Allowing the use of advanced catastrophic modeling tools.
The latest draft regulations, last revised at the beginning of the year, specify the requirements for insurance companies wishing to use forward-looking catastrophe models for setting rates. Under these draft regulations, insurers must either offer policies in high-risk areas that represent at least 85% of their statewide market share or increase the number of plans in these areas by 5%.
Additionally, insurers are required to consider wildfire mitigation efforts implemented by policyholders.
A policy qualifies as being in a high-risk area if it is located in a county or ZIP code designated as distressed, undermarketed, and high-risk. A county is classified as "distressed" if more than 20% of its residential properties with fewer than five units are rated as “high” or “very high” risk by CAL FIRE. These designations will be reviewed and updated annually. The designated counties currently include Alpine, Amador, Butte, Calaveras, Del Norte, El Dorado, Humboldt, Lake, Lassen, Marin, Mariposa, Mendocino, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, San Luis Obispo, Santa Cruz, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tuolumne, and Ventura.
Following the release of these draft regulations, the Insurance Commissioner announced additional amendments to the FAIR Plan, California’s insurance program designed to provide coverage to residents and businesses in both urban and rural areas who cannot secure insurance through the standard market. These changes, part of an agreement between the Department of Insurance and the California FAIR Plan, include provisions for recouping losses by imposing surcharges on residential and commercial insurance policies across the state in “extreme worstcase scenarios.” Under the current framework, the FAIR Plan is responsible for paying claims once its reserves, reinsurance, and catastrophe bonds are depleted. The new agreement stipulates that, should these funds be exhausted, insurers will be required to cover up to $2 billion in FAIR Plan claims— $1 billion for residential and $1 billion for commercial policies. Insurers can then, with the insurance commissioner’s approval, temporarily surcharge their policyholders for up to half of the amount assessed. It is important to note that homeowners will not be surcharged for commercial losses; only commercial policyholders will bear those costs. Additionally, insurers may surcharge policyholders for 100% of claims exceeding these amounts, pending the insurance commissioner’s approval.
This restructuring of the FAIR Plan is a component of Commissioner Lara’s broader Sustainable Insurance Strategy, a series of executive actions designed to stabilize California’s insurance market. These actions come in response to the growing reluctance of insurers to issue new policies or renew existing ones, particularly in areas with high wildfire risks, due to the surge in wildfire-related claims.
As insurers have withdrawn from high-risk areas, the number of residential FAIR Plan policies has more than doubled since 2019, reaching approximately 408,000 as of June. Similarly, the number of commercial policies under the FAIR Plan has increased to 11,026.
The FAIR Plan will implement a Plan of Operation that includes the following:
• Expanded Coverage: Introducing a new “high-value” commercial coverage option with limits up to $20 million per building, alongside past increases for residential policies. • Financial Stability: Establishing a sound financial formula to protect policyholders in extreme loss scenarios.
• Improved Transparency: Requiring enhanced public reporting on FAIR Plan activities and customer service metrics.
In alignment with the Administration's and Legislature's objectives, this regulatory process has advanced without intervening legislation during the 2024 Session. Various legislative proposals, including those seeking to increase oversight of insurance modeling tools and mandate consideration of home hardening practices for rate reductions, did not pass due to concerns that they might disrupt market conditions and the ongoing regulatory process. This includes Senator Becker’s SB 1060, which would have required insurers using risk models for underwriting to account for wildfire risk reductions achieved through hazardous fuel reduction, home hardening, and defensible space. The bill would have also authorized the Department of Insurance to examine underwriting models for compliance and issue necessary orders.
The Department of Insurance plans to adopt these regulations by the end of 2024. Issues concerning coverage affordability and availability will likely be addressed through legislation in the coming year.
Transportation
As with many other areas, funding dominated the conversation on transportation in 2024. In 2023, through SB 125, the Legislature appropriated $2 billion from the General Fund, with a promise of an additional $2 billion in 2024, to the Transit and Intercity Rail Capital Program. These funds were allocated based on a population-based formula for regional transportation planning agencies, offering flexibility to support both transit operations and capital improvements. SB 125 also established the $1.1 billion Zero-Emission Transit Capital Program, which allocated funds for zero-emission transit equipment and operations through both population-based and revenuebased formulas.
However, the state's fiscal challenges in 2024 significantly impacted transportation funding.
Facing a multibillion-dollar General Fund deficit, the Governor's January budget proposal reduced the promised SB 125 funding for 2024-25 from $2 billion to $1 billion. By April, the Department of Finance went further, freezing the $2 billion allocated in the current year. Nevertheless, the Legislature employed creative budgetary tactics, shifting the funding source from the General Fund to cap-and-trade revenues, enabling them to preserve $1 billion in this year’s budget for the SB 125 program, with the remaining $1 billion deferred to future years. In July, the Department of Finance unfroze last year’s funding, allowing regional agencies to finally access the SB 125 resources.
Despite these efforts, budget experts are predicting another deficit in next year's budget, raising concerns that next year's promised transit set-asides may be delayed or cut. While transportation funding was largely preserved this year, the outlook remains uncertain for the future.
On the policy front, the Legislature passed several significant transportation-related measures, including:
• SB 960 (Wiener) mandates that Caltrans include "complete streets" elements in its asset management plan, system highway management plan, and the performance report for the State Highway Operation and Protection Program (SHOPP). The bill also requires Caltrans to adopt a transit priority policy, develop guidelines, and set specific four-year targets for incorporating complete streets facilities into SHOPP.
This measure was signed into law by the Governor.
Assembly Convenes in Special Session to Address High Gas Prices On September 18 and 19, the newly formed Assembly Petroleum and Gasoline Supply Committee convened its first two hearings geared toward stabilizing California’s oil and gas market. The first hearing provided an overview of the current market and the state’s fuel decarbonization strategy and transition plan away from traditional fuels. Academics, energy companies, environmental organizations, and state agencies came together in this informational hearing to assess California’s petroleum platform and production cycle. The overall tenor of the hearing highlighted the political sensitivity of this issue as oil companies claimed they would need to produce more to meet the Governor’s mandate, but the state is transitioning away from more oil and gas production.
The second hearing weighed the merits of Governor Newsom’s plan to mandate refineries’ backstock additional oil supplies. Beginning with input from state, labor, petroleum, and energy stakeholders, the Committee reviewed the challenges for California’s fuel market. Specifically, how fuels are transported to and across the state, what might impact future supplies (and in turn – costs), and how the market could rebound. Pivoting to solutions, the panel and Committee members discussed how to stabilize California’s fuel market. With the Governor’s proposal at the forefront of the discussion, experts assessed tradeoffs to policies that would allow for more supply in the state, such as importing, where extra supply would be stored, and how gas prices might still continue to fluctuate.
The Committee met again the following week and approved ABX2-1 (Hart & Aguiar-Curry) that charts a path to allow the California Energy Commission (CEC) to impose inventory requirements on oil and gas refineries to prevent price spikes. The committee was joined by advocates from the CEC, labor organizations, and the oil and gas industry providing testimony before voting to advance the bill to the Assembly Floor. At the center of debate was the impact the proposal could have on the price of gas at the pump and how drivers can be protected from price spikes while the state maintains its climate resilience goals.
In the same hearing, the committee approved ABX2-9 (Petrie-Norris) to require the California Air Resources Board to analyze the use of 15% ethanol blended gasoline, and also requires the CEC to explore ways to expand the size of the California fuels market to increase in-state supply and stabilize costs to consumers.
Joint Informational Hearing Held on Proposition 36
On September 10, the Senate and Assembly Public Safety Committees hosted a Joint Informational Hearing on Proposition 36, the November ballot initiative related to drug and theft crimes. The hearing was split into portions for an overall analysis of the measure followed by separate panels of proponents and opponents of the initiative.
The Legislative Analyst’s Office (LAO) kicked off the hearing with an assessment of the Proposition’s fiscal impact on the state and background of California’s criminal justice system, which will also be included in the voter information guide. The LAO iterated during the hearing that if passed, Proposition 36 could increase state criminal justice costs to taxpayers within a range of the low tens of millions to hundreds of millions annually, in addition to increased local costs. Advocates for district attorneys, law enforcement, local governments, criminal justice reform, and reentry programs took center stage fielding questions from legislators and opining on the broader implications of Proposition 36. Legislative leadership and the Governor have already come out opposing Prop 36 satisfied with the package of public safety bills signed into law earlier this summer.
While no action was taken during the hearing, it was a critical consolidation of both sides of the issue with opportunities for lawmakers and the public to express their outlook on the proposition.
Themes discussed throughout the hearing included increases in fentanyl crimes, a decline in public safety staffing resources, and how Proposition 36 will complement the 13-bill package the Legislature passed to curb theft and drug crime occurrences.
Polling was released later in the month showing that 71% of polled voters support the measure six weeks before the election. Despite concerns from members of the Legislature and the Governor questioning its necessity, this new data suggests that the majority of voters see the outcome of Prop 36 as critical.
There has been some anecdotal criticism of the retail theft bills recently signed into law, suggesting that these laws could conflict with Proposition 36. Both Prop 36 and AB 2943 (Zbur) address the aggregation of stolen goods' value to determine a grand theft conviction. While a policy conflict may exist, there is no legal conflict; Proposition 36 will take precedence if passed.
Guidance for Upcoming “Homekey Plus” Program Released
On September 19, alongside the passage of a major housing bill package, the Department of Healthcare Services (DHCS) and the Department of Housing and Community Development (HCD) unveiled preliminary guidance for the upcoming Notice of Funding Availability (NOFA) for the new "Homekey+" Program. This program, backed by over $2 billion from Proposition 1, aims to finance permanent supportive housing for individuals experiencing homelessness or at risk of homelessness.
The Homekey+ Program will fund a variety of permanent housing solutions, including the conversion of non-residential or commercially zoned structures, buildings with existing residential uses, new multifamily rental housing construction, scattered-site housing, and shared housing models. Notably, 50% of the units must be designated for veterans. Eligible projects are also required to offer comprehensive supportive services, such as case management and behavioral health counseling.
The request for applications will be released in November 2024, with the application portal opening in early 2025. Funding awards are expected to be announced in May 2025.
Legislative Calendar
The Legislature has adjourned the 2023-24 Regular Legislative Session. The Governor has called for a Special Session to consider legislation related gas and energy prices, which may bring the Legislature back to Sacramento for additional work prior to the sine die adjournment of session on November 30.
Below are the upcoming relevant dates for the Legislature:
November 30th – Legislature adjourns sine die at midnight December 2nd – 2025-26 Regular Legislative Session convenes for Organizational Session Congress Averts Government Shutdown Establishing new December Funding Deadline On September 25, Congress passed a stopgap bill to fund the government through December
20. The legislation largely keeps the federal government running at existing funding levels until the winter recess while incorporating limited boosts to critical programs. Among the increases is a $231 million boost in funding for the Secret Service. Excluded from the bill was the SAVE Act, which would require voters to show proof of US citizenship to register, and a requested extra $10 billion for the Federal Emergency Management Agency’s disaster relief fund. House Appropriations Committee Chair Tom Cole said that the extra $10 billion will ultimately be added to the final spending deal in December.
The November elections will impact how the FY2025 negotiations proceed during the lame duck session. If one party wins control of the White House, Senate, and House, they might have incentive to pass medium-term bills only—long enough to clear the decks for the new President, but short enough to allow them to use their unified power next year.
Additionally, Republican leadership is changing. Senate Minority Leader Mitch McConnell is stepping down as the Republican Senate leader after the election and Speaker Mike Johnson may not be the Republican party leader if they lose the House majority. Both of these changes will impact the dynamics between parties and previous agreements on spending levels.
The Building Chips in America Act Signed by President Biden On September 23, the House passed the Building Chips in America Act of 2023 (S.2228) to accelerate the environmental regulatory process and avoid unnecessary delays for domestic semiconductor chip manufacturing projects. First passed by the Senate in December 2023, the Act expands upon the original CHIPS and Science Act passed in 2022. It gives executive agencies more authority to implement the CHIPS and Science Act, boosting American microchip manufacturing, and strengthening domestic supply chains. Specifically, it addresses certain Commerce Department initiatives authorized by the FY2021 defense authorization, which allowed the Commerce, Defense, and State departments to provide financial assistance to bolster domestic semiconductor manufacturing. The legislation was then presented to President Biden, who signed the measure, despite receiving pressure from some environmental groups to veto the legislation.
Senate Banking Subcommittee Holds Hearing on 2025 Tax Legislation Senate Committee On Banking, Housing, And Urban Affairs Subcommittee On Economic Policy held a hearing entitled, “The Macroeconomic Impacts of Potential Tax Reform in 2025.” The witnesses were: Kitty Richards, Senior Fellow, Groundwork Collaborative; and Ai-jen Poo, President, National Domestic Workers Alliance; Executive Director, Caring Across Generations.
Congress is in the early phases of discussing tax policy ahead of next year’s expiration of the 2017 Tax Cuts and Jobs Act.
White House Announces Rule to Lower Mental Healthcare Costs
FEDERAL LEGISLATIVE UPDATES
On September 9, the White House announced a federal rule that will place new requirements on health plans to improve and strengthen access to mental healthcare for private health insurance users. The rule will require health providers to make their mental-health and substance-use care plans more affordable so that they are covered at the same level as physical health benefits. The plans will have to evaluate their provider networks, how much they pay out-of-network providers, and how often they require and deny prior authorizations. Most provisions will go into effect starting on January 1, 2025, and the remaining in January 2026. The Departments of Labor, Treasury and Health and Human Services will oversee the rule’s enforcement.
The proposal seeks to build on the 2008 Mental Health Parity and Addiction Equity Act (MHPAEA), which required insurance companies to provide the same access to mental and physical treatment. When the bill passed, it did not require some nonfederal governmental health plans, like those offered to state and local government employees, to comply with its requirements. The final rule will also close a loophole that exempted federally provided health insurance plans from complying with the MHPAEA. The Biden administration estimates that the new rule will impact more than 200 additional health plans and improve mental health care for 120,000 consumers.
EPA Announces Grants to Advance Recycling Infrastructure and Prevent Food Waste On September 16, the EPA announced $117 million to advance recycling infrastructure and boost food waste prevention education. The funds will be distributed via the Solid Waste Infrastructure for Recycling (SWIFR) grant program and the Recycling Education and Outreach (REO) grant program. Applications must be submitted to grants.gov by December 20.
SWIFR’s funding opportunity will allocate approximately $58 million total in awards ranging from $500,000 to $5 million. This includes projects that will improve collection, transport, systems, and processes related to post-use materials that can be recovered, reused, recycled, repaired, refurbished, or composted. Funding for the REO grant program, focused on food waste prevention and composting, will provide approximately $39 million.
Both programs advance the Justice40 Initiative, which aims to deliver at least 40% of the overall benefits of certain federal climate, clean energy, affordable and sustainable housing, clean water, and other investments to communities that are marginalized by underinvestment and overburdened by pollution. Applicants must demonstrate they will subaward a portion of the total award to implement education and outreach activities locally, which will benefit local communities.
Read more about eligible applicants and activities for the SWIFR and REO grant programs.
Department of the Treasury Proposes Rules to Expand Clean Energy in Communities The Department of the Treasury and the Internal Revenue Service issued a Notice of Proposed Rulemaking for the Clean Electricity Low-Income Communities Bonus Credit Program, otherwise known as 48E(h). The program promotes cost-saving clean energy investments in low-income communities, on tribal lands, within affordable housing, or directly benefitting low-income households.
48E(h) builds on its predecessor, the 48(e) program. The transition from 48(e) to 48E(h) opens the program to additional clean energy technologies beyond wind and solar such as hydropower and geothermal. 48E(h) also provides an additional 10 or 20% tax credit for eligible clean energy projects under 5 megawatts that do not involve combustion or gasification on top of the 30% 48(e) Clean Electricity Investment Tax Credit. Each year, 1.8 gigawatts of capacity will be allocated for these projects, continuing until greenhouse gas reduction targets are met or until 2032.
The rule aims to benefit both low-income communities and clean energy providers. 48E(h) is indicative of a growing trend in American policy and rulemaking towards the standardization and implementation of clean energy solutions. Savings continue to be made available to local governments who are willing to invest in new clean energy technologies, and 48E(h) hopes to bring these savings into low-income communities.
Treasury encourages the public to submit written comments in response to the proposed rules.
Comments will be accepted for 60 days following publication in the Federal Register. Treasury will consider public comments before issuing final rules. 48E(h) has a January 1, 2025 implementation deadline.
White House Releases Gun Violence Prevention Progress Report President Biden created the White House Office of Gun Violence Prevention in 2023 via the Bipartisan Safer Communities Act (BSCA) and over the past year the Biden-Harris Administration has compiled the newly released report on initiatives to reduce gun violence. Their mission is to expand upon key executive and legislative actions that reduce gun violence and promote public safety.
The Department of Justice reported that from January to June, gun homicides dropped 17 percent compared to the same timeframe last year. In addition, data from the Gun Violence Archive indicates that the number of mass shootings to date in 2024 has decreased by 20 percent compared to the same period last year.
A few initiatives of the White House Office of Gun Violence Prevention include:
• Making Clear the Gun Show Loophole Does Not Exist: The Department of Justice estimates that over 20,000 unlicensed sellers are engaged in the business of firearm dealing through online advertisements, gun shows, and other means. These unlicensed sellers should be licensed and therefore conduct background checks. • Implementing State Red Flag Laws: BSCA includes $750 million for states to implement crisis interventions such as red flag laws. However, by March 2024, only six states had accessed BSCA’s crisis intervention funding for the purpose of implementing red flag laws. • Enhancing Gun Background Checks for Individuals Under Age 21: The Federal Bureau of Investigation conducted over 300,000 enhanced background checks of individuals under 21, denying over 3,500 of those transactions. Of that total, the enhanced checks alone are responsible for a quarter of all denials. Nearly 900 firearms transfers to individuals under age 21 have been denied because of BSCA.
To read the full progress report, please visit here.
DHS and TSA Team Up to Enforce REAL ID Rules
On September 11, the Department of Homeland Security and the Transportation Security Administration unveiled a proposal that would allow agencies to spend two years phasing in full enforcement of the REAL ID requirements that are scheduled take effect in May 2025. The proposed rule is scheduled to be published in the Federal Register on September 12, and DHS is accepting public feedback for 30 days.
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The rule builds on the 2005 Real ID law that aimed to reduce the use of fraudulent IDs by setting nationwide card standards and minimum documentation requirements. Once fully enforced, REAL ID-compliant cards will be required for commercial air travel and access to many government facilities.
Federal agencies would craft their own phased enforcement plans, such as a “three strikes” system that warns individuals about the need to have a REAL ID without immediately turning them away. Both DHS and TSA are proposing flexible enforcement after the May 2025 deadline to mitigate anticipated backlogs at state agencies that issue IDs.
City of Santa Clara
2024 Q3 Legislative Bill Matrix
Community Services LAP
AB 1825 Muratsuchi (D) HTML PDF
California Freedom to Read Act.
Bill information
Status: 09/29/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 941, Statutes of 2024.
Summary: Current law establishes a public library system, including school libraries, unified school district and union high school district public libraries, municipal libraries, county free libraries, the California State Library, and library districts. Under current law, the Legislature declares that the public library is, among other things, a source of information and inspiration to persons of all ages, cultural backgrounds, and economic statuses. This bill would require every public library jurisdiction, as defined, that directly receives any state funding to establish, adopt, and maintain a written and publicly accessible collection development policy for its libraries by January 1, 2026, as specified. The bill would require the collection development policy to, among other things, (1) guide the selection and deselection of library materials, as defined, and (2) establish a process for community members to share their concerns regarding library materials and request materials be reconsidered for inclusion in the library’s collection. (Based on 09/29/2024 text) Location: 09/29/2024 - Assembly CHAPTERED
Introduced: 01/11/2024
Current
Text:
09/29/2024 - Chaptered
Last
Amend:
08/22/2024
AB 2939 Rendon (D) HTML PDF
Parks: counties and cities: interpretive services.
Bill information
Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 423, Statutes of 2024 Summary: Current law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined. This bill would require that use of local
T WNSEND
PUBLIC A FAIRS
EST TPA I 98
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••- ~•--•------~•--•--------i•--•--------i•--•-~•--•-O Desk. Policy Fisc-ol Floor [)(-sic; Poli,cy Fisc"I Floor Conf.Conc. Enrolled Vctocd Ch•pt•r-.d - .....______.11:]
1st House 2nd House
••- --i•--•--•--------i•-----1.1,)t---<.1(1- --i•--•--•---i•-----iO Desk. Policy Fisc.ol Floor Desk; Pol~y Fi:s,c.,1 Floor Conf.Conc. Enrolled Vetoed Ch•pt.,.d parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. (Based on 09/22/2024 text) Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 02/15/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
06/05/2024
Emergency Management LAP
AB 1168 Bennett (D) HTML PDF
Emergency medical services (EMS): prehospital EMS.
Bill information
Status: 09/28/2024 - Vetoed by Governor.
Summary: Current law requires a county to enter into a written agreement with a city or fire district that contracted for or provided prehospital EMS as of June 1, 1980. Current law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts. This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2024, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement. (Based on 08/29/2024 text)
Location: 09/28/2024 - Assembly VETOED
Introduced: 02/16/2023
Current
Text:
09/28/2024 - Vetoed
Last
Amend:
08/19/2024
AB 2302 Addis (D) HTML PDF
Open meetings: local agencies: teleconferences.
Bill information
Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 389, Statutes of 2024 Summary: The Ralph M. Brown Act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Current law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations - .....______.11:]
1st House 2nd House
-•- ~•--•- ~•--·f----4·----·f----4·----•-~•----,0-------0 Policy Floor Fi:s,c.i,1 Floor Conf.Conc. Enrolled Veto.d O'loptercd --I ID
1st House 2nd House
-•- ~•--•- ~•----·f----4·----·f----4·--•-~•--• ............. 0 Desk. Policy Floor Policy Fi!iCal Floor ConfConc. Enrolled Vctocd Chapt•.-.d within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Current law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in specified circumstances if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Current law imposes prescribed restrictions on remote participation by a member under these alternative teleconferencing provisions, including establishing limits on the number of meetings a member may participate in solely by teleconference from a remote location, prohibiting such participation for a period of more than 3 consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year. This bill would revise those limits, instead prohibiting such participation for more than a specified number of meetings per year, based on how frequently the legislative body regularly meets. (Based on 09/22/2024 text) Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 02/12/2024
Current
Text:
09/22/2024 - Chaptered
SB 1034 Seyarto (R) HTML PDF
California Public Records Act: state of emergency.
Bill information
Status: 07/18/2024 - Chaptered by Secretary of State - Chapter 161, Statutes of 2024 Summary: The California Public Records Act requires state and local agencies to make their records available for public inspection, except as specified. Existing law requires each agency, within 10 days of a request for a copy of records, to determine whether the request seeks copies of disclosable public records in possession of the agency and to promptly notify the person of the determination and the reasons therefor. Existing law authorizes that time limit to be extended by no more than 14 days under unusual circumstances, and defines "unusual circumstances" to include certain circumstances. This bill would revise the unusual circumstances under which the time limit may be extended to include the need to search for, collect, and appropriately examine records during a state of emergency, as defined, proclaimed by the Governor in the jurisdiction where the agency is located when the state of emergency currently affects, due to the state of emergency, the agency's ability to timely respond to requests due to staffing shortages or closure of facilities where the requested records are located, except as specified. (Based on 07/18/2024 text) Location: 07/18/2024 - Senate CHAPTERED
Introduced: 02/06/2024
Current
Text:
07/18/2024 - Chaptered
Last
Amend:
06/05/2024
- .....______.I D
1st House 2nd House
••---4•--•--------4•--•------"""IJ.>--_"....._"""•--•-~•--•......._O Desk Policy ""°' °"'" Fiscol Energy Legislation, Regulations and Issues LAP
SB 572 Smallwood-Cuevas (D) HTML PDF
Surplus state real property: community land trusts.
Bill information
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 770, Statutes of 2024.
Summary: Current law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs, and to report on these lands to the Department of General Services. Current law prescribes a process for the disposition of surplus state property. Existing law creates the Special Fund for Economic Uncertainties in the State Treasury and continuously appropriates moneys in the fund for specified purposes. This bill would authorize the Director of General Services to sell 59,200 square feet of property located at 5401 Crenshaw Boulevard, Los Angeles, 90043-2407, at fair market value, upon terms and conditions the director determines are in the best interests of the state by January 1, 2030. The bill would require any sale pursuant to these provisions to be for the purposes of redeveloping the property as an affordable housing or mixed-used housing project, as defined. The bill would require the director, in a solicitation for the sale of the property, to solicit proposals from community land trusts, as specified, and to sell the property to a community land trust that responded to the solicitation, unless the director makes specified determinations. The bill would require the director, in evaluating proposals, to consider findings and recommendations from the Los Angeles Black Workers Center, as specified. The bill would require that the proceeds of the sale be expended on bond payments, as specified, and other costs, including costs for the review of the sale of the property and bond counsel.
The bill would authorize the director to sell the property below fair market value for purposes of providing an affordable housing or mixed-use housing project, subject to reporting specified information to the Legislature, as prescribed. The bill would require the net proceeds of the sale to be deposited into the Special Fund for Economic Uncertainties and would specify that moneys in the fund attributable to the sale are not continuously appropriated and are available for expenditure only upon appropriation by the Legislature. The bill would exempt the sale of the property from the California Environmental Quality Act. (Based on 09/27/2024 text)
Location: 09/27/2024 - Senate CHAPTERED
Introduced: 02/15/2023
Current
Text:
09/27/2024 - Chaptered
Last
Amend:
08/22/2024
SB 1130 Bradford (D) HTML PDF
Electricity: Family Electric Rate Assistance program.
Bill information
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 457, Statutes of 2024.
Summary: Current law requires the Public Utilities Commission to continue a program of assistance to residential customers of the state’s 3 largest electrical corporations consisting of households of 3 or more persons with total household annual gross income levels between 200% and 250% of the federal poverty guideline level, which is referred to as the Family Electric Rate Assistance (FERA) program. This bill would expand eligibility for the FERA program by eliminating the requirement that a household consist of 3 or more persons. The bill would require the commission, by March 1, 2025, and each year thereafter, to require the state’s 3 largest electrical corporations to report on their efforts to enroll customers in the FERA program. The bill would require the commission, by June 1, 2025, and each year thereafter, to review each electrical corporation’s report to ensure it has made reasonable efforts to enroll eligible households in the FERA program - ________
1 D
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-•- --•-..... •--•----•--•- --•-..... •--•----•--•- 0 Desk. Policy Floor 0.sk Pol1ey Fiscal Floor Conf.Conc, Enrolled Vctocd Chapte,..d - _10
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-•--4·--•--------4·--•,__~~>-- '-l"- -4·--•--4·--•~0
Des, Policy Fisc-ol Floor O.sk Floor Conf.Conc. Enrolled Vctocd Chaptered commensurate with the proportion of households the commission determines to be eligible within the electrical corporation’s service territory. (Based on 09/22/2024 text) Location: 09/22/2024 - Senate CHAPTERED
Introduced: 02/13/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
08/22/2024
Housing LAP
AB 799 Rivas, Luz (D) HTML PDF
Interagency Council on Homelessness: funding: state programs.
Bill information
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 263, Statutes of 2024 Summary: Current law requires the Governor to create an Interagency Council on Homelessness, consisting of specified members.
Among other goals, existing law requires the council to coordinate existing funding and applications for competitive funding.
Current law requires the council to create a statewide data system, which is known as the Homeless Data Integration System, that collects local data through the Homeless Management Information System, with a goal of matching data on homelessness to programs impacting homeless recipients of state programs. Current law also requires the council to collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs. Current law defines state programs as any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, except as specified. This bill would additionally require the council to include the Governor’s Tribal Advisor. The bill would remove the above-mentioned reference to competitive funding and would instead require the council to coordinate applications for funding. The bill would require council staff to develop and regularly maintain a strategic funding guide and a calendar of new or existing funding opportunities. The bill would require agencies and departments administrating state programs to provide the council updated information on new or existing funding opportunities on a quarterly basis. The bill would also require council staff to collect fiscal and outcome data, as defined, from state agencies and departments administering state homelessness programs with a grantee or entity that is required to enter data elements on the individuals and families it serves into its local Homeless Management Information System, as specified. (Based on 09/19/2024 text)
Location: 09/19/2024 - Assembly CHAPTERED
Introduced: 02/13/2023
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/23/2024
AB 1820 Schiavo (D) HTML PDF
Housing development projects: applications: fees and exactions.
Bill information
- _10
1st House 2nd House
-•- --4·--•--------4·--·--------t·--·--------4·--•-~•-----• ............ 0 Policy Fisc-ol Floor Policy Fisc"I - _10
1st HOUSt!! 2nd House
-•--·-..... ·--·----·--•--·-..... ·--·----·--•- 0 Desk. Policy Floor Pol,cy Fiscal Floor Cont.Cone. Enrolled Vctocd Ch•pt•r-ed Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 358, Statutes of 2024.
Summary: Current law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Current law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require a city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee and would require the agency that imposes the fee to provide the fee schedule to the development proponent without delay. (Based on 09/22/2024 text) Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 01/11/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
08/20/2024
AB 1886 Alvarez (D) HTML PDF
Housing Element Law: substantial compliance: Housing Accountability Act.
Bill information
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 267, Statutes of 2024.
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, current law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. This bill would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department’s compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction or the court’s decision has not been overturned or superseded by a subsequent court decision or by statute. (Based on 09/19/2024 text) Location: 09/19/2024 - Assembly CHAPTERED
Introduced: 01/22/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/21/2024
AB 1893 Wicks (D) HTML PDF
Housing Accountability Act: housing disapprovals: required local findings. - ________.I D
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1st House 2nd ttouse
••---11•--•--------11•--•--------1.o;,-- ~".,.__~•--•--•.,.__~•-_.O Policy Floor F"loor Conf,Conc. Enrolled ~ocd Ch~pt:41t"9d Bill information
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 268, Statutes of 2024.
Summary: The Housing Element Law prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Among these conditions, the act allows a local agency to disapprove a housing development project that is inconsistent with the jurisdiction’s zoning ordinances and general plan land use designation as it existed on the date the application was deemed complete, if the jurisdiction has adopted a revised housing element that is in substantial compliance with the Housing Element Law, as specified. This bill would make various changes to that condition. The bill would specify that a local agency may disapprove or condition approval of a housing development project or emergency shelter, as described above, if the local agency makes written findings that on the date the application for the housing development project or emergency shelter was deemed complete the jurisdiction did not have an adopted revised housing element that was in substantial compliance with the Housing Element Law and the housing development project is not a builder’s remedy project, as defined. (Based on 09/19/2024 text)
Location: 09/19/2024 - Assembly CHAPTERED
Introduced: 01/23/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/23/2024
AB 2023 Quirk-Silva (D) HTML PDF
Housing element: inventory of land: substantial compliance: rebuttable presumptions.
Bill information
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 269, Statutes of 2024.
Summary: Current law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified.
Current law requires the housing element to include an inventory of land suitable and available for residential development.
If that inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, current law requires that the local government rezone sites within 3 years after the date the housing element is adopted or within one year if the local government fails to adopt a housing element that the department finds to be in substantial compliance with the Housing Element Law within 120 days of the statutory deadline to adopt the housing element. This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or 3 years and 90 days of the statutory deadline if the local government satisfies certain requirements, including submitting a draft element or draft amendment to the department for review within specified timeframes and adopting a draft element or draft amendment that the department finds to be in substantial compliance with the Housing Element Law, as specified. (Based on 09/19/2024 text)
Location: 09/19/2024 - Assembly CHAPTERED
Introduced: 01/31/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/23/2024
AB 2085 Bauer-Kahan (D) HTML PDF
- _ID
1st HOUSt!! 2nd House
-•- --1·--•--------1·--·l----t·--·l----t·--·--4·--•..........,0 Desk. Policy Fisc-ol Floor Policy Fisc~I - _ID
Planning and zoning: permitted use: community clinic.
Bill information
Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 820, Statutes of 2024.
Summary: The Planning and Zoning Law, among other things, authorizes a development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects. This bill would make a development that meets specified objective planning standards, including that, among other things, it is on a parcel that is within a zone where office, retail, health care, or parking are a principally permitted use, a permitted use and would require a local agency to review an application for that development on an administrative, nondiscretionary basis. The bill would require a local agency, within 60 calendar days of receiving an application pursuant to these provisions, to approve or deny the application subject to specified requirements, including that, among other things, if the local agency determines that the development is in conflict with any of the above-described standards, the local agency is required to provide the development proponent written documentation of which standard or standards the development conflicts with, as specified. (Based on 09/28/2024 text) Location: 09/28/2024 - Assembly CHAPTERED
Introduced: 02/05/2024
Current
Text:
09/28/2024 - Chaptered
Last
Amend:
08/20/2024
AB 2430 Alvarez (D) HTML PDF
Planning and zoning: density bonuses: monitoring fees.
Bill information
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 273, Statutes of 2024 Summary: Current law, commonly referred to as the Density Bonus Law, requires a city, county, or city and county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards and parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including a housing development in which 100% of the units are for lower income households, except that up to 20% of the units in the development may be for moderate-income households, as specified.
This bill would prohibit a city, county, or city and county from charging a monitoring fee, as defined, on those types of housing developments if certain conditions are met, except as specified. The bill would provide that, beginning on January 1, 2025, any housing development that is currently placed in service, is subject to monitoring fees, and meets those conditions shall no longer be subject to those fees. (Based on 09/19/2024 text) Location: 09/19/2024 - Assembly CHAPTERED
Introduced: 02/13/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/23/2024
AB 2694 Ward (D) HTML PDF
1st House 2nd House
Desk
•• Policy •--•Fisc-ol Floor •--•0.sk --tPolicy •--•Fisc;~I --tFloor •--•Cont.Cone---4, Enrolled •--•Ve-toed Chapter-ed 0 - _10
1st House 2nd House
••-◄•--•-◄•--•-~i,)>- ~" --1•--•--•--1•----iO Policy Floor O.sk Floor Corlf,Conc. Enrolled Ve-toed Chapter-ed --I ___ ___ I I:]
Density Bonus Law: residential care facilities for the elderly.
Bill information
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 278, Statutes of 2024 Summary: The Density Bonus Law requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, a senior citizen housing development, as defined. The Density Bonus Law defines a “development” for these purposes to include a shared housing development, and defines various other terms, including “shared housing unit.” This bill would expand the definition of a development for the above-described purposes to include a residential care facility for the elderly, as defined. The bill would also specify that, in the case of a residential care facility, a “shared housing unit” includes a unit without an individual kitchen where a room may be shared by unrelated and a unit where a room may be shared by unrelated persons that meets the minimum room area requirements, as specified. By expanding a city or county’s duty to administer the Density Bonus Law, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (Based on 09/19/2024 text) Location: 09/19/2024 - Assembly CHAPTERED
Introduced: 02/14/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/21/2024
AB 2712 Friedman (D) HTML PDF
Preferential parking privileges: transit-oriented development.
Bill information
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 415, Statutes of 2024.
Summary: Current law authorizes a local authority, by ordinance or resolution, to prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways during all or certain hours of the day. Current law authorizes the ordinance or resolution to include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued permits that exempt them from the prohibition or restriction of the ordinance or resolution. Current law prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within 1/2 mile of public transit, as defined, unless the public agency makes written findings that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on, among other things, the city’s, county’s, or city and county’s ability to meet its share of the regional housing need for low- and very low income households. This bill would, for purposes of its provisions, define “development project” to mean a residential, commercial, or other development project exempt from minimum automobile parking requirements, or subject to parking minimum reductions based on any other applicable law, located within the boundaries of the City of Los Angeles. This bill, for a development project that is located within a preferential parking area, would require the development project to be excluded from the boundaries of the preferential parking area and would prohibit the local authority, as defined, from issuing any permit to the residents or visitors of the development project that grants preferential parking privileges. (Based on 09/22/2024 text) Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 02/14/2024
Current
Text:
09/22/2024 - Chaptered
1st House 2nd House
Desk -• Policy •--•Fisc-ol Floor •--·0.sk --tPolicy ·--·Fisc;~I --tFloor ·--·Cont.Cone ---4, Enrolled ·--•Ve-toed Chapter-ed 0 - _10
1st House 2nd House
-•- --•-..... •--•- ..... •--•---•-..... •--•- ..... •--•~-o Desi,; Policy Floor 0.sk FiK~I Floor ConfConc. Enrolled Vetoed Chapter-ed Last
Amend:
06/24/2024
AB 2813 Aguiar-Curry (D) HTML PDF
Government Investment Act.
Bill information
Status: 07/18/2024 - Chaptered by Secretary of State - Chapter 155, Statutes of 2024 Summary: The Proposition 218 Omnibus Implementation Act defines various terms and prescribes procedures and parameters for local jurisdictions to comply with specified provisions of the California Constitution. This bill, for purposes of ACA 1, would define "affordable housing" to include rental housing, ownership housing, interim housing, and affordable housing programs such as downpayment assistance, first-time homebuyer programs, and owner-occupied affordable housing rehabilitation programs, that are affordable to households earning up to 150% of countywide median income. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety facilities, infrastructure, and equipment. The bill would define "public infrastructure" to exclude the construction, reconstruction, rehabilitation, or replacement of a sports stadium or arena where the majority of the use of the facility is for private ticketed activities. The bill would prohibit ACA 1 bonded indebtedness from being used for the acquisition or lease of any real property that has, at the time of acquisition or lease, been improved with one to 4 dwelling units, except as specified. (Based on 07/18/2024 text) Location: 07/18/2024 - Assembly CHAPTERED
Introduced: 02/15/2024
Current
Text:
07/18/2024 - Chaptered
Last
Amend:
06/26/2024
AB 3012 Grayson (D) HTML PDF
Development fees: fee schedule template: fee estimate tool.
Bill information
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 752, Statutes of 2024.
Summary: Would require a city or county that has an internet website to make a fee estimate tool that the public can use to calculate an estimate of fees and exactions, as specified, for a proposed housing development project available on its internet website. The bill would authorize the city or county to choose the format of the fee estimate tool. The bill would require a city or county with a population of greater than 500,000 to meet these requirements on or before July 1, 2031. The bill would require a city or county with a population of 500,000 or fewer to meet these requirements on or before July 1, 2032.
By requiring a city or county to include a fee estimate tool on its internet website, the bill would impose a state-mandated local program. (Based on 09/27/2024 text)
Location: 09/27/2024 - Assembly CHAPTERED
Introduced: 02/16/2024
Current
Text:
09/27/2024 - Chaptered
Last
Amend:
06/12/2024
AB 3057 Wilson (D) HTML PDF
- ________
1 D
1st House 2nd House
••-~•--•-~•--•---4•--•--t•--•-~•--•~O Desk Policy Fisc-ol Floor 0.sk Fi5<:ol Floor Conf,Com;-. Enrolled Vctocd Chapter-ed - _10
1st House 2nd House
-•---11•--•---11•--·- ..... ·--·- ..... ·--•-~•--•,-.........,0 Policy f loor 0.sk Pohcy Fiscal Floer ConfConc. Enrolled Vetoed Chaptered - ________
1 D
California Environmental Quality Act: exemption: junior accessory dwelling units ordinances.
Bill information
Status: 08/27/2024 - Chaptered by Secretary of State - Chapter 210, Statutes of 2024 Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements the adoption of an ordinance by a city or county to issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence, as provided, or and the adoption of an ordinance to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. This bill would expand the above CEQA exemption to include the adoption of an ordinance by a city or county to provide for the creation of junior accessory dwelling units in single-family residential zones. (Based on 08/27/2024 text) Location: 08/27/2024 - Assembly CHAPTERED
Introduced: 02/16/2024
Current
Text:
08/27/2024 - Chaptered
Last
Amend:
04/08/2024
AB 3068 Haney (D) HTML PDF
Adaptive reuse: streamlining: incentives.
Bill information
Status: 09/27/2024 - Vetoed by Governor.
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards, including that the development is a multifamily housing development that contains two or more residential units. This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements, subject to specified exceptions. In this regard, an adaptive reuse project, in order to qualify for the streamlined, ministerial review process, would be required to be proposed for an existing building that is less than 50 years old or meets certain requirements regarding the preservation of historic resources, including the signing of an affidavit declaring that the project will comply with the United States Secretary of the Interior’s Standards for Rehabilitation for, among other things, the preservation of exterior facades of a building that face a street, or receive federal or state historic rehabilitation tax credits, as specified. The bill would require an adaptive reuse project to meet specified affordability criteria. In this regard, the bill would require an adaptive reuse project for rental housing to include either 8% of the unit for very low income households and 5% of the units for extremely low income households or 15% of the units for lower income households. For an adaptive reuse project for owner-occupied housing, the bill would require the development to offer either 30% of the units at an affordable housing cost to moderate-income households or 15% of the units at an affordable housing cost to lower income households. The bill would require at least one-half of the square footage of the adaptive reuse project to be dedicated to residential uses. (Based on 09/05/2024 text)
Location: 09/27/2024 - Assembly VETOED
Introduced: 02/16/2024
Current
Text:
09/27/2024 - Vetoed
1st House 2nd House
Desk -• Policy •--•Fisc-ol F
•--· loor 0.sk --tPolicy ·--·Fisc;~I --tFloor ·--·Cont.Cone ---4, Enrolled ·--•Ve-toed Chapte 0 r-ed - ----..I D
1st House 2nd House
-•- -·--•- -·--•- ..... •--•- ..... •--·- ..... •- -O----O Desk. Policy Floor 0.sk Pol1ey Fisc~I Floor ConfConc, Enrolled Ve toed 011,ptercd Last
Amend:
08/23/2024
AB 3116 Garcia (D) HTML PDF
Housing development: density bonuses: student housing developments.
Bill information
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 432, Statutes of 2024.
Summary: Current law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, 20% of the total units, as defined, for lower income students in a student housing development that meets certain requirements. Current law requires that all units in the student housing development be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher learning, as specified. To be eligible under this provision, existing law requires a developer, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education, as specified.
Current law also requires the development to provide priority for the applicable affordable units for lower income students experiencing homelessness, as specified. Current law requires units described in these provisions to be subject to a recorded affordability restriction of 55 years. This bill would define “student housing development” to mean a development that contains bedrooms containing 2 or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen. The bill would authorize units in the student housing development to be used for undergraduate, graduate, or professional students enrolled currently or in the past 6 months in at least 6 units at an institution of higher learning, as specified. The bill would additionally authorize eligibility under this provision if the developer, as a condition of receiving a certificate of occupancy, established a system for confirming its renters’ status as students to ensure all units of the student housing development are occupied with students from an institution of higher education, as specified. (Based on 09/22/2024 text) Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 02/16/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
08/23/2024
AB 3177 Carrillo, Wendy (D) HTML PDF
Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts.
Bill information
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 436, Statutes of 2024.
Summary: The Mitigation Fee Act imposes various requirements with respect to the establishment, increase, or imposition of a fee by a local agency as a condition of approval of a development project. Current law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for the fee to reflect a lower rate of automobile trip generation if the housing development satisfies specified characteristics, including that the housing development is located within 1/2 mile of a transit station, as specified. Current law defines transit station for these purposes to mean a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. This bill would instead require the housing development to be located within a transit priority area, as specified, for purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee to reflect a lower rate of automobile trip generation. The bill would define “transit priority area” as an area within 1/2 mile of a major transit stop that is existing or planned, if the planned stop is scheduled - ________ I I:]
1st House 2nd House
••-~•--•-~•--•---4•--•--t•--•-~•--•~O Desk Policy Fisc-ol Floor 0.sk Fi5<:ol Floor Conf,Com;-. Enrolled ~ocd Chapter-ed - ________
1 D
1st House 2nd House
-•--t·--·--•--t·-----4.1.)t--~C,- -t·--·--•--t•----'0 Policy Floor O.sk Poli<:y FiS(ol Floor Conf,Conc, Enrolled Wtocd Chapt:41r9d to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan. This bill would prohibit a local agency from imposing a land dedication requirement, as defined, on a housing development to widen a roadway if the land dedication requirement is for the purpose of mitigating vehicular traffic impacts, achieving an adopted traffic level of service related to vehicular traffic, or achieving a desired roadway width. (Based on 09/22/2024 text)
Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 02/16/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
08/19/2024
SB 7 Blakespear (D) HTML PDF
Regional housing need: determination.
Bill information
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 283, Statutes of 2024.
Summary: The Planning and Zoning Law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development (department) to determine the existing and projected need for housing for each region, as specified. That law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region in a specified manner. That law requires the department’s determination to be based upon population projections produced by the Department of Finance, as specified. That law also requires the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used to determine each region’s housing need and requires the council of governments to provide data assumptions from the council of governments’ projections, as specified. That law authorizes the department to accept or reject the information provided by the council of governments and, after consultation with each council of governments, to make determinations on the council of governments’ data assumptions and the methodology the department will use to determine each region’s housing need. That law requires the department to provide its determinations to each council of governments, as specified. That law, upon making that determination, authorizes the council of governments to object to the determination. This bill, for regions in which the department is required to distribute the regional housing need, would prohibit a city or county from filing an objection to the regional housing need determination. (Based on 09/19/2024 text) Location: 09/19/2024 - Senate CHAPTERED
Introduced: 12/05/2022
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/23/2024
SB 450 Atkins (D) HTML PDF
Housing development: approvals.
Bill information
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 286, Statutes of 2024.
Summary: The Planning and Zoning law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Current law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, ________.I D
l!it House 2nd House
-•- --11•--•--------11•--•- --1•--•- --1•--·- --1·--•,-.........;0 Policy floor FiK al Floor Conf.Conc. Enrolled Vci:ocd Chapte,..d - ________.I D
1st House 2nd House
-•- --•-..... •--•- ..... •--•- --•-..... •--•- ..... •--•~ o - Policy "'""' f loor Poltey FiK al Floer ConfConc. Enrolled Vetoed Chapte,..d except as specified, on the proposed housing development. Current law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. (Based on 09/19/2024 text) Location: 09/19/2024 - Senate CHAPTERED
Introduced: 02/13/2023
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/22/2024
SB 937 Wiener (D) HTML PDF
Development projects: fees and charges.
Bill information
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 290, Statutes of 2024.
Summary: The Mitigation Fee Act regulates fees for development projects, fees for specific purposes, including water and sewer connection fees, and fees for solar energy systems, among others. The act, among other things, requires local agencies to comply with various conditions when imposing fees, extractions, or charges as a condition of approval of a proposed development or development project. The act prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except for utility service fees, which the local agency is authorized to collect at the time an application for utility service is received.
The act exempts specified units in a residential development proposed by a nonprofit housing developer if the housing development meets certain conditions. This bill would limit the utility service fees exception described above to utility service fees related to connections, and cap those fees at the costs incurred by the utility provider resulting from the connection activities. (Based on 09/19/2024 text)
Location: 09/19/2024 - Senate CHAPTERED
Introduced: 01/17/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/22/2024
SB 1037 Wiener (D) HTML PDF
Planning and zoning: housing element: enforcement.
Bill information
- _10
1st House 2nd House
-•- --4·--•--------4·--·--------t·--·--------4·--•-~•-----• ............ 0 Desk. Policy Fisc-ol Floor Policy Fisc"I - _10
1st House 2nd House
-•- -•--•-------•--•---------lo)-----<.JC,1- ---•--•-..... •--• ............ o Polity Floor Fiscol Floor Conf.Conc, Enrolled Vetoed Ch~pbl,-d Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 293, Statutes of 2024.
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. The Planning and Zoning Law requires a city or county to bring its general plan into substantial compliance with provisions regulating general plans and specifies timelines under which the city or county is required to bring its zoning ordinance into consistency if the court finds in favor of a plaintiff in an action challenging the validity of a general plan, or any mandatory element thereof, as specified. This bill, in any action brought by the Attorney General or HCD to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any planning or permitting application related to a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require that the penalties set forth in its provisions only apply when the local agency’s acts or omissions, as described, are arbitrary, capricious, or entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require a court to modify certain of its prior orders, including an order directing a city or county to substantially comply with provisions regulating general plans and to bring its zoning ordinance into consistency, to impose, among other things, the maximum penalty specified in these provisions, as provided. (Based on 09/19/2024 text)
Location: 09/19/2024 - Senate CHAPTERED
Introduced: 02/06/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/23/2024
SB 1361 Blakespear (D) HTML PDF
California Environmental Quality Act: exemption: local agencies: contract for providing services for people experiencing homelessness.
Bill information
Status: 08/19/2024 - Chaptered by Secretary of State - Chapter 188, Statutes of 2024 Summary: The California Environmental Quality Act (CEQA) exempts for its requirements, among other things, actions taken by the Department of Housing and Community Development, the California Housing Finance Agency, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as provided. This bill would additionally exempt from CEQA’s requirements actions taken by a local agency to approve a contract for providing services for people experiencing homelessness, as provided. (Based on 08/19/2024 text)
Location: 08/19/2024 - Senate CHAPTERED
Introduced: 02/16/2024
Current
Text:
08/19/2024 - Chaptered
Last
Amend:
04/08/2024
- _10
1st House 2nd House
-•- --•-..... •--•- ..... •--•- --•-..... •--•- ..... •--•~ o - Desi,; Policy "'"'' floor Desk Fis,c-,1 Floor ConfConc. Enrolled Vetoed Ch,iptef"9d Human Resources/Public Sector Employment LAP
AB 2561 McKinnor (D) HTML PDF
Local public employees: vacant positions.
Bill information
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 409, Statutes of 2024.
Summary: The Meyers-Milias-Brown Act (act) authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations.
The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action. This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. (Based on 09/22/2024 text) Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 02/14/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
08/23/2024
AB 2631 Fong, Mike (D) HTML PDF
Local agencies: ethics training.
Bill information
Status: 08/26/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 201, Statutes of 2024.
Summary: Current law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides certain monetary payments to a member of a legislative body, as provided. Current law requires all local agency officials who are members of specified public bodies to receive the above-described training, whether or not the member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties. Current law requires an entity that develops curricula to satisfy the above-described requirements to consult with the Fair Political Practices Commission and the Attorney General regarding the sufficiency and accuracy of the proposed course content. Current law prohibits the Fair Political Practices Commission and the Attorney General, as specified, from precluding an entity from also including local ethics policies in the curricula. This bill would require the Fair Political Practices Commission, in consultation with the Attorney General, to create, maintain, and make available to local agency officials an ethics training course, as specified. (Based on 08/26/2024 text) Location: 08/26/2024 - Assembly CHAPTERED
Introduced: 02/14/2024
Current
Text:
08/26/2024 - Chaptered
Last
Amend:
05/20/2024
- ________ ID
1st House 2nd House
-•- --•-..... •--•----•--•- --•-..... •--•----•--•- 0 Desk. Policy Floor 0.sk Pol1ey Fiscal Floor Conf.Conc, Enrolled Vctocd Chapte,..d - ________
1 D
1st House 2nd House
-•- --•-..... •--•----•--•- --•-..... •--•----•--•~-o Desk. Policy "'"'' floor 0.sk Fis,c-,1 Public Safety LAP
AB 1779 Irwin (D) HTML PDF
Theft: jurisdiction.
Bill information
Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 165, Statutes of 2024.
Summary: Current law defines types of theft, including petty theft, grand theft, and shoplifting. Current law also defines the crimes of robbery and burglary. Current law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Current law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General. This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General and multiple offenses are committed by the same defendant in multiple jurisdictions, the bill would allow a criminal action to be brought in any of those jurisdictions subject to a hearing on consolidation of the offenses, as specified. (Based on 08/16/2024 text)
Location: 08/16/2024 - Assembly CHAPTERED
Introduced: 01/03/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
06/29/2024
AB 1802 Jones-Sawyer (D) HTML PDF
Crimes: organized theft.
Bill information
Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 166, Statutes of 2024.
Summary: Current law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. (Based on 08/16/2024 text)
Location: 08/16/2024 - Assembly CHAPTERED
Introduced: 01/08/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
06/29/2024
_____ 1 ___ ID
1st House 2nd House
-•- --•-..... •--•----•--•- --•-..... •--•----•--•- 0 Desk. Policy Floor 0.sk Pol1ey Fiscal Floor Conf.Conc, Enrolled Vetoed Chapte,..d - _ID
1st House 2nd House
••---1•--•--•--------1•--•--•- --1•--•--•---1•----iO Desk. Policy floor 0.sk Floor Conf.Conc. Enrolled Vetoed Chii!pt.,..d AB 2943 Zbur (D) HTML PDF
Crimes: shoplifting.
Bill information
Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 168, Statutes of 2024.
Summary: Current law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Current law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Current law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. The bill would also clarify that evidence that distinct acts are motivated by one intention, one general impulse, and one plan may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 90-day period. (Based on 08/16/2024 text)
Location: 08/16/2024 - Assembly CHAPTERED
Introduced: 02/15/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
08/05/2024
AB 3085 Gipson (D) HTML PDF
Vehicles: removal and impoundment.
Bill information
Status: 09/23/2024 - Chaptered by Secretary of State - Chapter 504, Statutes of 2024 Summary: Existing law requires a magistrate to issue a warrant or order authorizing a peace officer to immediately seize and cause the removal of a vehicle if the magistrate is presented with a peace officer's affidavit establishing reasonable cause to believe that the vehicle was an instrumentality used in the peace officer's presence in violation of specified offenses, including, among others, a person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle. Existing law makes it a crime for a person to engage in a motor vehicle speed contest or exhibition of speed on a highway or in an offstreet parking facility, as specified. This bill would include this crime in the list of offenses for which a peace officer may impound a vehicle pursuant to a warrant or order issued by a magistrate, and make other technical changes, as specified. This bill contains other related provisions and other existing laws. (Based on 09/23/2024 text)
Location: 09/23/2024 - Assembly CHAPTERED
Introduced: 02/16/2024
Current
Text:
09/23/2024 - Chaptered
Last
Amend:
04/08/2024
AB 3209 Berman (D) HTML PDF
Crimes: theft: retail theft restraining orders.
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••- --4•--•--------4•--•--------t•--•--------4•--•-~•--•t------sO Desk. Policy Fisc-ol Floor Policy Fiscal Floor Conf,Conc. Enrolled Vctocd Chapt•r-ed - _10
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••- --4•--•--------4•--•--------t•--•--------4•--•-~•--•t------sO Desk Policy Fisc-ol Floor 0.sk Policy Floor Conf.Conc, Enrolled Vctoed Chapt•,..d - _11:]
Bill information
Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 169, Statutes of 2024.
Summary: Current law prohibits the theft of merchandise from a retail establishment. Current law authorizes a court, upon sentencing a person for specified offenses, including stalking and elder abuse, to issue a criminal protective order prohibiting the person from contacting any victim of their offense. This bill would authorize a court, when sentencing a person for an offense involving theft from a retail establishment, vandalism of a retail establishment, or battery of an employee of a retail establishment, to issue a criminal protective order prohibiting a person from entering the retail establishment, including any parking lots and including other franchise or chain locations of the retail establishment, as specified. The bill would also authorize a prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment to file a petition for the issuance of a criminal protective order of this type against a person who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest, 2 or more times for any of the offenses at the same retail establishment, as specified. The bill would also make conforming changes. The bill would make a violation of these orders punishable as a misdemeanor. (Based on 08/16/2024 text) Location: 08/16/2024 - Assembly CHAPTERED
Introduced: 02/16/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
06/29/2024
SB 905 Wiener (D) HTML PDF
Crimes: theft from a vehicle.
Bill information
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 170, Statutes of 2024 Summary: Current law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Current law makes the burglary of a vehicle punishable as a misdemeanor or a felony.
This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft or a felony therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail for 16 months, or 2 or 3 years. (Based on 08/16/2024 text)
Location: 08/16/2024 - Senate CHAPTERED
Introduced: 01/04/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
07/01/2024
SB 908 Cortese (D) HTML PDF
Fentanyl: child deaths.
Bill information
Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 867, Statutes of 2024. 1st House 2nd House
••---11•--•--------11•--•-~i.> ... - ~c.1-~•--•--•-~•-~0 Policy Floor Des• Fi:$.COI Floor Conf.Conc, Enrolled Vctocd Ch~pt.,-d - _10
1st House 2nd House
-•---11·--•--------1·--·- .... ·--•-~•--•-~•-----• ............ 0 Policy Fisc-ol Floor - _11:]
1st House 2nd House
-•- --•-..... •--•- ..... •--•- --•-..... •--•- ..... •--•~ o - Policy Floor Poltey FiK al Summary: The State Department of Public Health administers the California Overdose Surveillance Dashboard that provides data on state- and local-level drug-related overdose outcomes for California, including, among other data, the number of deaths related to fentanyl overdoses. Current law requires the department to update the dashboard to reflect additional information, as specified. This bill would require the department to use best efforts to utilize all of its relevant data regarding overdoses in the state to monitor and identify current trends of fentanyl-related deaths of children 0 to 5 years of age, inclusive. The bill would require the department to develop guidance and spread awareness of the trends to protect and prevent children from fentanyl exposure. The bill would require the department, on or before January 1, 2026, to annually distribute its findings and guidance to local health departments, county boards of supervisors, and the Legislature. The bill would repeal these provisions on January 1, 2029. (Based on 09/28/2024 text) Location: 09/28/2024 - Senate CHAPTERED
Introduced: 01/08/2024
Current
Text:
09/28/2024 - Chaptered
Last
Amend:
08/20/2024
SB 910 Umberg (D) HTML PDF
Treatment court program standards.
Bill information
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 641, Statutes of 2024.
Summary: Current law states the intent of the Legislature that drug court programs be designed and operated in accordance with specified standards developed by the National Association of Drug Court Professionals and Drug Court Standards Committee. Current law further states the intent of the Legislature that key programs of the drug court programs include, among other things, integration by drug courts of alcohol and other drug treatment services. This bill would instead require, for counties and courts that opt to have treatment court programs, that the treatment court programs be designed and operated in accordance with state and national guidelines incorporating the “Adult Treatment Court Best Practice Standards” and “Family Treatment Court Best Practice Standards” developed by All Rise, with consideration for the court system within which the program operates. The bill would revise the above-described statement of legislative intent regarding key components to be included in criminal adult treatment court programs, including requiring a system of incentives, sanctions, and service adjustments to achieve participant success. (Based on 09/27/2024 text) Location: 09/27/2024 - Senate CHAPTERED
Introduced: 01/08/2024
Current
Text:
09/27/2024 - Chaptered
Last
Amend:
08/19/2024
SB 926 Wahab (D) HTML PDF
Crimes: distribution of intimate images.
Bill information
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 289, Statutes of 2024.
Summary: Would make it a crime for a person who is 18 years of age or older to intentionally create and distribute or cause to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates that was created in a manner that would cause a reasonable - _II:]
1st House 2nd House
••---11•--•--------11•--•-~i.> ... - ~c.1-~•--•--•-~•-~0 Polity Floor Des• Fi:Kol Floor Conf.Conc, Enrolled Vctocd Chapbl,..d - .....______.I D
1st House 2nd House
-•- --•-..... •--•- ..... •--•- --•-..... •--•- ..... •--•~ o - Policy floor Poltey FiKal Floor ConfConc. Enrolled Vetoed Chapte,..d person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by AB 1874, AB 1962, and SB 1414, to be operative only if this bill and some or all of those other bills are enacted and this bill is enacted last. (Based on 09/19/2024 text)
Location: 09/19/2024 - Senate CHAPTERED
Introduced: 01/12/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/22/2024
SB 982 Wahab (D) HTML PDF
Crimes: organized theft.
Bill information
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 171, Statutes of 2024 Summary: Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant's premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant's premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text) Location: 08/16/2024 - Senate CHAPTERED
Introduced: 01/29/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
07/01/2024
SB 1144 Skinner (D) HTML PDF
Marketplaces: online marketplaces.
Bill information
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 172, Statutes of 2024 Summary: Existing law generally requires an online marketplace to require a high-volume third-party seller on the online marketplace to make certain disclosures. Existing law requires an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with those information sharing requirements, as specified. Existing law imposes certain information retention and security requirements on an online marketplace and prohibits specified uses of that information. This bill would revise the types of transactions that qualify a third-party seller as a "high-volume third-party seller," for those purposes. Specifically, the bill would remove the conditions that the transactions be made through an online marketplace and that the online marketplace process the payment and, instead, would add the condition that the transactions were made utilizing an online marketplace. The bill would also revise the definition of "online marketplace" by removing the conditions that the above-described features be used by third-party sellers, and that the platform have the - .....______.I D
l!it House 2nd House
••- --4•--•--------4•--•f----t•----•f----t•----•- ~•-----•l------<O Policy ""''' Floor Floor Conf.Conc:. Enrollad Vetoed Chii!pt.f"9d - .....______.I D
1st House 2nd House
-•--1·--•-------1·--·-.... ·--·-.... ·--•-~•--•,__....,0 Desk Policy Fisc-111 Floor Policy Fisc;~I Floor Conf.Conc, Enrolled Vetoed Chapter-ed above-described contractual relationship with consumers. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text)
Location: 08/16/2024 - Senate CHAPTERED
Introduced: 02/14/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
07/01/2024
SB 1242 Min (D) HTML PDF
Crimes: fires.
Bill information
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 173, Statutes of 2024 Summary: Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony. This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchant's premises in order to facilitate organized retail theft. By increasing the punishment for a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text)
Location: 08/16/2024 - Senate CHAPTERED
Introduced: 02/15/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
07/01/2024
SB 1385 Roth (D) HTML PDF
Medi-Cal: community health workers: supervising providers.
Bill information
Status: 07/18/2024 - Chaptered by Secretary of State - Chapter 164, Statutes of 2024 Summary: The Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services through various delivery systems, including fee-for-service and managed care. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. This bill would require a Medi-Cal managed care plan, no later than July 1, 2025, to adopt policies and procedures to effectuate a billing pathway for supervising providers to claim for the provision of community health worker services to enrollees during an emergency department visit and as an outpatient followup to an emergency department visit. The bill would require that the policies and procedures be consistent with guidance developed by the department for use by supervising providers to claim for community health worker services to Medi-Cal members in the fee-for-service delivery system in the settings described above. (Based on 07/18/2024 text)
Location: 07/18/2024 - Senate CHAPTERED
Introduced: 02/16/2024
Current
Text:
07/18/2024 - Chaptered
Last
Amend:
06/05/2024
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lSt House 2nd ttouse
••- ~•--•- ~•--•---4•----•---4•----•-~•-----•l------<O Desk. Policy Floor Desk PollC')' Fiscal Floor Conf.Conc, Enrolled Vetoed Chaptered ___ 1_10
1st House 2nd ttouse
••- ~•--•- ~•----•- --4-.,.:t----•- --4•--•-~•-----•l------<O Policy Floor Desk SB 1416 Newman (D) HTML PDF
Sentencing enhancements: sale, exchange, or return of stolen property.
Bill information
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 174, Statutes of 2024 Summary: Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. This bill would, until January 1, 2030, create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for value, any property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property value exceeds specified amounts. The bill would additionally make these enhancements apply to any person acting in concert with another person to violate these provisions. By adding new sentencing enhancements, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text) Location: 08/16/2024 - Senate CHAPTERED
Introduced: 02/16/2024
Current
Text:
08/16/2024 - Chaptered
Last
Amend:
07/01/2024
SB 1468 Ochoa Bogh (R) HTML PDF
Healing arts boards: informational and educational materials for prescribers of narcotics: federal “Three Day Rule.” Bill information
Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 488, Statutes of 2024 Summary: Current federal regulations, known as the “Three Day Rule,” authorize a practitioner who is not specifically registered to conduct a narcotic treatment program to dispense not more than a 3-day supply of narcotic drugs, in accordance with applicable federal, state, and local laws, to one person or for one person’s use at one time for the purpose of initiating maintenance treatment or detoxification treatment while arrangements are being made for referral for treatment, as specified. This bill, with certain exceptions, would require each board that licenses a prescriber, as defined, to develop and annually disseminate to each licensee informational and educational material regarding the “Three Day Rule,” and to post that material on their internet website. The bill would require the Medical Board of California to also annually disseminate the material it develops to each acute care hospital in the state. (Based on 09/22/2024 text) Location: 09/22/2024 - Senate CHAPTERED
Introduced: 02/16/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
06/26/2024
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1st HOUSt!! 2nd House
••- --4•--•--------4•--•--------t•--•--------4•--•-~•--•t------sO Desk. Policy Fisc-ol Floor Policy Fiscal Floor Conf,Conc. Enrolled Vctocd Chapt•r-ed - _10
1st House 2nd House
••- --4•--•--------4•--•--------t•--•--------4•--•-~•--•t------sO Desk Policy Fisc-ol Floor 0.sk Policy Floor Conf.Conc, Enrolled Vctoed Chapt•,..d Regional Issues and Collaboration LAP
AB 52 Grayson (D) HTML PDF
Income tax credit: sales and use taxes paid: manufacturing equipment: research and development equipment.
Bill information
Status: 09/22/2024 - Vetoed by Governor.
Summary: The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws. The Sales and Use Tax Law imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Current law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow, for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. (Based on 09/03/2024 text)
Location: 09/22/2024 - Assembly VETOED
Introduced: 12/05/2022
Current
Text:
09/22/2024 - Vetoed
Last
Amend:
08/15/2024
AB 2682 Kalra (D) HTML PDF
Santa Clara Valley Open-Space Authority.
Bill information
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 733, Statutes of 2024.
Summary: Current law authorizes the Santa Clara Valley Open-Space Authority, among other things, to acquire, hold, use, enjoy, and lease or dispose of real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. Current law requires the authority to acquire remote ranchlands east of the westernmost ridgeline of the - ________
1 D
1st House 2nd House
-•- --•- ..... •--•- ---•--•- --•- ..... •--•- ---• O-----O Desk. Policy Floor 0.sk Pol1ey Fiscal Floor Conf.Conc, Enrolled Vetoed Chopt~rcd --I ___ ___ I I:]
1st House 2nd House
••-~•--•-~•--•- .... •--•---1•--•---1•--•~ 0 Desk Policy Fisc-ol Floor 0.sk Fi5<:ol Floor Conf,Conc, Enrolled Vetoed Chapte"9d Diablo Range as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority. This bill would instead require the authority to acquire remote ranchlands east of the westernmost ridgeline of the Diablo Range as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority. (Based on 09/27/2024 text)
Location: 09/27/2024 - Assembly CHAPTERED
Introduced: 02/14/2024
Current
Text:
09/27/2024 - Chaptered
Last
Amend:
05/06/2024
Sustainability and Environmental Protection LAP
AB 2346 Lee (D) HTML PDF
Organic waste reduction regulations: procurement of recovered organic waste products.
Bill information
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 712, Statutes of 2024.
Summary: Current law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve specified targets for reducing organic waste in landfills, as provided. The department’s organic waste regulations require local jurisdictions to annually procure a quantity of recovered organic waste products and to comply with their procurement targets by directly procuring recovered organic waste products for use or giveaway or by requiring, through a written agreement, that a direct service provider to the jurisdiction procure recovered organic waste products, or both. Those regulations specify the types of recovered organic waste products that a jurisdiction may procure, including compost that is produced at a compostable material handling operation or facility, or a specified digestion facility that composts onsite. Other regulations of the department require all compostable materials handling activities to obtain a facility permit from the department prior to commencing operations and meet other specified requirements, but exclude from those requirements certain activities that the regulations state do not constitute a compostable material handling operation or facility, including the composting of green material, agricultural material, food material, and vegetative food material, and the handling of compostable materials under certain conditions, as provided.
This bill would authorize local jurisdictions to count towards their procurement targets compost produced and procured from specified compost operations and specified investments and expenditures related to meeting its procurement target, as provided. The bill would authorize a local jurisdiction to determine a local per capita procurement target using information from a local waste characterization study, as specified. The bill would authorize a local jurisdiction to satisfy its annual procurement obligations by procuring a quantity of recovered organic waste products that meets or exceeds a 5-year procurement target, as specified. (Based on 09/27/2024 text) Location: 09/27/2024 - Assembly CHAPTERED
Introduced: 02/12/2024
Current
Text:
09/27/2024 - Chaptered
Last
Amend:
08/23/2024
AB 2427 McCarty (D) HTML PDF
Electric vehicle charging stations: permitting: curbside charging. ___ I ___ ID
1st House 2nd House
••- --4•--•--------4•--•f----t•----•f----t•----•- ~•-----• ............. O Policy Floor Fi:s,c.i,1 Floor Conf.Conc. Enrolled Vetoed Cho111pt.fll:d - _ID
Bill information
Status: 09/25/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 567, Statutes of 2024.
Summary: Current law continues into existence the zero-emission vehicle (ZEV) division within Governor’s Office of Business and Economic Development (GO-Biz) as the Zero-Emission Vehicle Market Development Office. Current law references GOBiz’s Electric Vehicle Charging Station Permitting Guidebook, which recommends best practices for electric vehicle supply equipment permitting. This bill would require the office to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside charging stations as part of the office’s development of the Electric Vehicle Charging Station Permitting Guidebook or any subsequent updates. The bill would also require the office to consult with local governments, electric vehicle service providers, and utilities while developing the above-described materials. (Based on 09/25/2024 text) Location: 09/25/2024 - Assembly CHAPTERED
Introduced: 02/13/2024
Current
Text:
09/25/2024 - Chaptered
Last
Amend:
08/20/2024
SB 504 Dodd (D) HTML PDF
Wildfires: defensible space: grant programs: local governments.
Bill information
Status: 09/29/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 982, Statutes of 2024.
Summary: Current law requires the Director of Forestry and Fire Protection to establish a statewide program to allow certain entities, including counties and other political subdivisions of the state, that have completed a specified training program, to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening assessment and education efforts. Current law requires the director to establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department. Current law requires the department to establish a local assistance grant program for fire prevention and home hardening education activities and provides that local agencies, among others, are eligible for these grants. Current law describes eligible activities under the local assistance grant program as including, among other activities, development and implementation of public education and outreach programs. This bill would authorize those public education and outreach programs to include new technologies and game elements to enhance and accelerate the education of property owners. (Based on 09/29/2024 text)
Location: 09/29/2024 - Senate CHAPTERED
Introduced: 02/14/2023
Current
Text:
09/29/2024 - Chaptered
Last
Amend:
08/22/2024
SB 867 Allen (D) HTML PDF
Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.
Bill information
1st House 2nd House
••---11•--•--------11•--•-~i.> ... - ~c.1-~•--•--•-~•-~0 Policy Floor Des• Fi:$.COI Floor Conf.Conc, Enrolled Vctocd Ch~pt.,-d _____ I ___ I I:]
1st House 2nd House
___ 1_10
1st House 2nd House
••---11•--•------..... •--•-~i.> ... - ~"-~•--•--•-~•----iO Policy Floor Pol1<:y Fi:!iCol Status: 07/03/2024 - Chaptered by Secretary of State - Chapter 83, Statutes of 2024 Summary: Would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. (Based on 07/03/2024 text)
Location: 07/03/2024 - Senate CHAPTERED
Introduced: 02/17/2023
Current
Text:
07/03/2024 - Chaptered
Last
Amend:
06/29/2024
SB 972 Min (D) HTML PDF
Methane emissions: organic waste: landfills.
Bill information
Status: 09/20/2024 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.
Summary: Current law requires the State Air Resources Board to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state and to achieve a reduction in specified emissions, including methane, as provided. Current law requires the methane reduction goals to include a 75% reduction target from the 2014 level by 2025. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations, as provided, that achieve the targets for reducing organic waste in landfills. This bill would require the department to provide procedures for local jurisdictions to request technical assistance regarding organic waste and methane reduction requirements from the department, to post those procedures on its internet website, and to provide that technical assistance, as specified. (Based on 08/30/2024 text) Location: 09/20/2024 - Senate VETOED
Introduced: 01/25/2024
Current
Text:
09/22/2024 - Vetoed
Last
Amend:
08/19/2024
SB 1046 Laird (D) HTML PDF
Organic waste reduction: program environmental impact report: small and medium compostable material handling facilities or operations.
Bill information
Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 452, Statutes of 2024 Summary: Current law requires the Department of Resources Recycling and Recovery, in consultation with the State Air Resources Board, to adopt regulations to achieve certain reduction targets in the organic waste disposed in landfills and to analyze the progress that the waste sector, state government, and local governments have made in achieving those reduction targets, as provided. Current law authorizes the department to provide incentives to facilitate progress towards the reduction targets if the department determines that sufficient progress has not been made. The California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on ___ I _ID
1st House 2nd House
-•- -1•--•- -1•--·- ..... ·--·- ..... ·--·---1•----,0-----0 Policy Floor Fi:sc:ol - - 1 ___ ____.ID
1st House 2nd House
De-•s
--1k. Policy ·--•- ..... Floor ·--·- ..... Policy ·--·- ..... Floor ·--·---1·--•-0 ConfCooc. Enrolled Vctocd Chaptered the environment or to adopt a negative declaration if it finds that the project will not have that effect, as provided. This bill would require the Department of Resources Recycling and Recovery to prepare and certify, by January 1, 2027, a program environmental impact report that streamlines the process with which jurisdictions can develop and site small and medium compostable material handling facilities or operations, as defined, for processing organic material, as specified. (Based on 09/22/2024 text)
Location: 09/22/2024 - Senate CHAPTERED
Introduced: 02/07/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
06/12/2024
SB 1053 Blakespear (D) HTML PDF
Solid waste: recycled paper bags: standards: carryout bag prohibition.
Bill information
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 453, Statutes of 2024.
Summary: Current law prohibits a store, as defined, from providing a single-use carryout bag to a customer at the point of sale, with specified exceptions, including an exemption for bags used to contain unwrapped food. Current law defines a “single-use carryout bag” as a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag that meets specified requirements, including that the bag be made by a certified reusable grocery bag producer and meets specified requirements with regard to the bag’s durability, material, labeling, heavy metal content, and, with regard to reusable grocery bags made from plastic film, recycled material content. Current law prohibits a producer of reusable grocery bags made from plastic film from selling or distributing those bags unless the producer is certified by a third-party certification entity, and provides proof of that certification and a certification fee to the Department of Resources Recycling and Recovery, as specified. Current law also prohibits a store from selling or distributing a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Current law defines “recycled paper bag,” in part, as a paper carryout bag that contains a minimum of 40% postconsumer recycled materials, except as provided, and meets other requirements.
Current law allows a retail establishment to voluntarily comply with these requirements, if the retail establishment provides the department with irrevocable notice. This bill would, commencing January 1, 2026, revise and recast those provisions to, among other things, recast the definition of a “single-use carryout bag” to a “carryout bag,” and would revise the definition to mean a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of carrying purchased goods and that is not a recycled paper bag. The bill would create a carryout bag exception to include a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, as specified. The bill would revise the definition of “recycled paper bag” to require it be made from a minimum of 50% postconsumer recycled materials on and after January 1, 2028, without exception. (Based on 09/22/2024 text) Location: 09/22/2024 - Senate CHAPTERED
Introduced: 02/08/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
08/20/2024
- ________.I D
l!it House 2nd House
-•- --11•--•--------11•--•- --1•--•- --1•--·- --1·--•,-.........;0 Policy floor FiK al Floor Conf.Conc. Enrolled Vci:ocd Chii!pte,..d Transportation Issues LAP
AB 2553 Friedman (D) HTML PDF
Housing development: major transit stops: vehicular traffic impact fees.
Bill information
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 275, Statutes of 2024 Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements residential projects on infill sites and transit priority projects that meet certain requirements, including a requirement that the projects are located within 1/2 mile of a major transit stop. This bill would revise the definition of “major transit stop” to increase the frequency of service interval to 20 minutes. (Based on 09/19/2024 text) Location: 09/19/2024 - Assembly CHAPTERED
Introduced: 02/14/2024
Current
Text:
09/19/2024 - Chaptered
Last
Amend:
08/13/2024
AB 2812 Kalra (D) HTML PDF
Santa Clara Valley Transportation Authority.
Bill information
Status: 06/14/2024 - Chaptered by Secretary of State - Chapter 17, Statutes of 2024 Summary: The Local Agency Public Construction Act requires contracts of the Santa Clara Valley Transportation Authority for the purchase of supplies, equipment, and materials to be let to the lowest responsible bidder or to the bidder who submits a proposal that provides the best value, as defined, if the amount of the contract exceeds $150,000 and requires the authority to obtain a minimum of 3 quotations for those contracts between $3,500 and $150,000. This bill would increase the first threshold for bidding to apply for contracts that exceed $200,000 and would require the authority to obtain the minimum of 3 quotations for contracts between $5,000 and $200,000. (Based on 06/14/2024 text) Location: 06/13/2024 - Assembly CHAPTERED
Introduced: 02/15/2024
Current
Text:
06/14/2024 - Chaptered
Last
Amend:
03/11/2024
SB 1216 Blakespear (D) HTML PDF
Transportation projects: Class III bikeways: prohibition. - _10
1st House 2nd House
••---4•--•--------4•--•------"""..,.>--_"....._"""•--•-~•--•......._0 Desk. Policy ""°' °"'" Fiscol _____ I ___ I I:]
1st House 2nd ttouse
-•---4·--•--------1·--•--------1•-~c.1---1•--•-~•--•,-.......;0 Desk. Policy Floor - _10
Bill information
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 788, Statutes of 2024.
Summary: Current law establishes 4 classifications of bikeways and defines a “Class III bikeway” as a bikeway that provides a rightof-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. This bill would define “sharrow” as the pavement marking used to inform road users that bicyclists might occupy the travel lane.
The bill would prohibit, on and after January 1, 2025, an agency responsible for the development or operation of bikeways or highways where bicycle travel is permitted from installing a new sharrow on a highway that has a posted speed limit greater than 30 miles per hour, except as specified. (Based on 09/27/2024 text) Location: 09/27/2024 - Senate CHAPTERED
Introduced: 02/15/2024
Current
Text:
09/27/2024 - Chaptered
Last
Amend:
08/22/2024
Water Supply and Conservation LAP
AB 460 Bauer-Kahan (D) HTML PDF
State Water Resources Control Board: water rights and usage: civil penalties.
Bill information
Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 342, Statutes of 2024 Summary: Under current law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would require the State Water Resources Control Board to adjust for inflation, by January 1 of each year, beginning in 2026, the amounts of civil and administrative liabilities or penalties imposed by the board or in water right actions brought at the request of the board, as specified. (Based on 09/22/2024 text) Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 02/06/2023
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
08/15/2024
AB 1827 Papan (D) HTML PDF
Local government: fees and charges: water: higher consumptive water parcels.
Bill information
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 359, Statutes of 2024.
Summary: The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including requiring that the local agency provide public notice and a majority protest 1st House 2nd House
-•---11•--•---11•--•-~i,);t,- ~Cil>---1•--·--·- ..... •----'0 Policy Floor Des• Fi:$.COI Floor Conf.Conc, Enrolled Vctoed Chapt.,-d - _10
1st House 2nd House
-•--1•--·--•--1•-----4.1,))---~"--1•--·--•--1•------'0 Policy Floor Fi:$.Col - _10
1st House 2nd House
De-•s
---11 k Policy ·--•---11Floor ·--·-..... Policy ·----·-..... Floor ·----·- ConfCooc. ..... Enrolled ·--•-0 Vctoed Chapter-ed procedure in the case of assessments and submit property-related fees and charges for approval by property owners subject to the fee or charge or the electorate residing in the affected area following a public hearing. Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements and, among other things, authorizes an agency providing water, wastewater, sewer, or refuse collection services to adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases in wholesale charges for water, sewage treatment, or wastewater treatment or adjustments for inflation under certain circumstances. Current law defines, among other terms, the term “water” for these purposes to mean any system of public improvements intended to provide for the production, storage, supply, treatment, or distribution of water from any source. This bill would provide that the fees or charges for property-related water service imposed or increased, as specified, may include the incrementally higher costs of water service due to specified factors, including the higher water usage demand of parcels. (Based on 09/22/2024 text)
Location: 09/22/2024 - Assembly CHAPTERED
Introduced: 01/12/2024
Current
Text:
09/22/2024 - Chaptered
Last
Amend:
04/04/2024
AB 2257 Wilson (D) HTML PDF
Local government: property-related water and sewer fees and assessments: remedies.
Bill information
Status: 09/25/2024 - Chaptered by Secretary of State - Chapter 561, Statutes of 2024 Summary: The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency’s responses. (Based on 09/25/2024 text) Location: 09/25/2024 - Assembly CHAPTERED
Introduced: 02/08/2024
Current
Text:
09/25/2024 - Chaptered
Last
Amend:
08/05/2024
SB 1210 Skinner (D) HTML PDF
New housing construction: electrical, gas, sewer, and water service: service connection information.
Bill information
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 787, Statutes of 2024.
Summary: Current law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, gas corporations, sewer system corporations, and water corporations, while local publicly owned utilities, - ________.I D
1st House 2nd ttouse
-•---11•--•--------11•--•-"""o;,-- """-~•--•--•-~•-~o Policy Floor Fi:s.col - _10
1st House 2nd House
-•---11•--•--------1•--·- ..... ·--•-~•--•-~•--•-0 Policy Floor Floor Conf.Conc. Enrollad Vctocd Chii!pt.red including municipal utility districts, public utility districts, and irrigation districts, are under the direction of their governing boards. This bill would, for new housing construction, require the above-described utilities, on or before January 1, 2026, to publicly post on their internet websites (1) the schedule of estimated fees for typical service connections for each housing development type, including, but not limited to, accessory dwelling unit, mixed-use, multifamily, and single-family developments, except as specified, and (2) the estimated timeframes for completing typical service connections needed for each housing development type, as specified. The bill would exempt from its provisions a utility with fewer than 4,000 service connections that does not establish or maintain an internet website due to a hardship and would authorize the utility to establish that a hardship exists by annually adopting a resolution that includes detailed findings, as provided. (Based on 09/27/2024 text)
Location: 09/27/2024 - Senate CHAPTERED
Introduced: 02/15/2024
Current
Text:
09/27/2024 - Chaptered
Last
Amend:
06/24/2024
2024 Q3 Legislative Action Summary
Below is a summary of the actions that were taken during 2024 Q3 in alignment with the City of Santa Clara’s 2024 Legislative Advocacy Positions (LAPs), guiding principles for legislative advocacy, approved City policies (e.g., City Council Goals and Priorities), and/or Council action.
Water Supply and Conservation LAP
• November 4, 2024 Letter of support for Santa Clara Valley Water District’s WaterSMART Water and Energy Efficiency Grant Program Application for the Landscape Rebate Program to the U.S. Bureau of Reclamation Multiple Legislative Priorities
• August 2024 Joint letter of support to establish a White House World Cup Task Force from U.S. Host City Mayors to President Joe Biden (Organized by U.S.
Conference of Mayors)
• August 8, 2024 Cities Association of Santa Clara County Legislative Action Committee Discussion Bills
• October 18, 2024 Letter of support for Santa Clara Valley Water District’s Dam Safety grant application for the Anderson Dam Seismic Retrofit Project to Director Karma Nemeth, California Department of Water Resources • October 18, 2024 Letter of support for the Anderson Dam Seismic Retrofit Project to Acting Secretary Debbie-Anne A. Reese, Federal Energy Regulatory Commission
City of
Santa Clara
The Center of What's Possible
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov Mayor
Lisa M. Gillmor
November 4, 2024
U.S. Bureau of Reclamation
Financial Assistance Management Branch
Attn: Mr. Josh German
Mail Code: 84-27814
P.O. Box 25007
Denver, CO 80225
Dear Mr. German,
On behalf of the City of Santa Clara, I am writing in support of Valley Water’s grant application to the U.S.
Bureau of Reclamation’s (USBR) WaterSMART Water and Energy Efficiency Grant Program for their Landscape Rebate Program. With this funding opportunity, the program seeks to convert approximately two million square feet of turf or functional pool area over the course of three years to low-water use plants, achieving a savings of approximately 221 acre-feet per year (AFY) by fiscal year 2028. If awarded, the program is anticipated to conserve a lifetime savings of nearly 3,200 acre-feet (AF) through incentivizing low-water use landscapes and high-efficiency irrigation equipment upgrades, including EPA WaterSense-labeled smart controllers and rainwater capture systems.
In Santa Clara County, nearly half the water used in homes and businesses is used for outdoor irrigation. The Landscape Rebate Program helps achieve a permanent water savings that positions the region closer to Valley Water’s conservation target of 126,000 AFY by 2050 as outlined in Valley Water’s Water Supply Master Plan.
The program is one of Valley Water’s most prolific water-saving resources for the community.
Our region is susceptible to droughts, which are only becoming more frequent and severe with climate change.
During dry periods, conservation becomes critical to protect our groundwater basins from over-pumping.
Additionally, conserving beyond dry years is an important step toward bolstering the reliability of our water supply and decreasing dependency on imported water. Reducing groundwater pumping and reliance on imported water also results in energy savings by reducing the energy used to pump, treat, convey, and deliver water to our residents and businesses.
As the wholesale water supplier for Santa Clara County, Valley Water works diligently toward diversifying and strengthening our water supplies to address the impacts of climate change on our natural resources. This program will empower residents and businesses in adopting lifestyle changes that will build resilience against droughts in our community as a whole. If awarded, the funds will be used toward a rebate for participants who complete a landscape conversion project.
I strongly encourage USBR to award the requested funding to support Valley Water’s Landscape Rebate Program, which will help achieve long-term conservation and contribute to sustainable water resource management and drought resilience in our cities. Thank you for your consideration of this request.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
City of
Santa Clara
The Center of Wh~t's Posslblo
Dear President Biden,
As you know, North America is set to host the 2026 FIFA World Cup—the single largest sporting event in the world—in just under two years, with 11 cities in the United States of America set to host matches, including the World Cup final. This World Cup will be the largest sporting event in our nation’s history, attracting more than five million estimated international visitors and generating tens of billions in economic activity. But this unprecedented and much-needed economic activity can only be achieved if there is seamless coordination between our cities and the federal government, including, importantly, ensuring all international visitors can obtain visas in time to travel to the United States for the tournament.
Global sporting events like the 2025 Club World Cup, which the United States will also host, and the 2026 World Cup are opportunities to not only strengthen our nation’s economy but also demonstrate America’s leadership and showcase our amazing cities on the world stage. As representatives of the 11 U.S. host cities, we are aware of the major logistical, technical, and security challenges associated with producing this event, and we are eager to work hand-in-glove with the federal government and across all agencies. We have greatly appreciated your engagement thus far, especially at the last two U.S. Conference of Mayors meetings in Washington, D.C. and Kansas City. Your administration’s efforts to advance these tournaments’ needs will leave a lasting legacy, both for the sport and for our country.
To further solidify the imprint of your administration’s tireless efforts on putting on this tournament, we are urging you to immediately establish a public, Cabinet-level White House World Cup Task Force to oversee the preparation and security of the games, especially through seamless international visa processing, comprehensive security scenario training, incident response, transportation, diplomatic security, intelligence gathering and dissemination, and securing critical protective assets.
Fortunately, there is ample precedent for establishing such a task force for large-scale public events. In September 1998, then-President Clinton created a White House Task Force on the 2002 Olympic and Paralympic Games nearly three-and-a-half years ahead of the start of the Olympic games in Salt Lake City. Three years ahead of the 1996 Olympic Games in Atlanta, Vice President Gore chaired a similar effort, and when the U.S. last hosted the FIFA World Cup in 1994, official federal government preparation began in June 1987 with Congress passing S.J. Res. 175, recognizing the efforts to bring the 1994 World Cup to the US and provide support as needed to meet the requirements of a host country.
With the United States poised to host not just this historic event in 2026 but also the FIFA Club World Cup in 2025, the Summer Olympics in 2028 in Los Angeles, and the Winter Olympics in 2034 in Salt Lake City, it is essential that our federal government have a dedicated working group in place focused on interagency coordination for these events, particularly as it relates to lessening visa wait times.
For example, as of June 2024, in the largest non-Visa Waiver Program countries, average interview wait times were nearly 300 days. In Colombia, the next available visitor visa interview is in March 2026, which leaves three months until FIFA World Cup 2026. The United States will see as much economic benefit from the World Cup as it allows global fans to visit our country and attend matches. We are eager to work with the Administration to establish goals to lower these figures and more expediently process visas ahead of the games
We, as America’s host cities, are and will continue to do our part in ensuring physical infrastructure and preparing local agencies for these games, and a clear and public federal leadership is both appropriate and necessary. We hope the creation of a White House Task Force will create an unforgettable legacy of leading and coordinating federal efforts to address these and other concerns critical to the success of the 2026 FIFA World Cup. We stand ready to work with your administration in any capacity to achieve our shared goals.
Sincerely,
xxx
1 August 8, 2024 Cities Association
Legislative Action Committee Meeting
Bill Summary and Positions
Bill Number Summary City Position LAP Alignment
AB 2513
(Pellerin)
This bill prohibits a person from
selling or offering for sale a gas
stove that is manufactured or sold
online on or after January 1, 2025,
or sold in a store on or after
January 1, 2026, unless that gas
stove contains a specified warning
label.
No Action The City’s LAPs do not
cover this topic.
SB 1130
(Bradford)
This bill expands eligibility for an
existing electric utility bill discount
program to households with fewer
than three members and requires
electric utilities to report on
program enrollment.
Watch While this bill fits within the
Energy Legislation
Regulations and Issues
LAP, as currently drafted,
does not impact Santa
Clara residents or SVP
customers as it is only
applicable to the 3 large
Investor Owned Utilities.
SB 892 (Padilla) Directs the California Department
of Technology to craft a
procurement standard for the
acquisition of automated decision
tools (ADTs), and imposes a
moratorium on the state
procurement of new ADTs until that
standard is in place.
Watch Human Resources and
Public Sector Employment
LAP states “Monitor efforts
to regulate the use of
artificial intelligence by
public agencies.
City of
Santa Clara
The Center of What's Possible
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov Mayor
Lisa M. Gillmor
October 18, 2024
Karla Nemeth
Director, California Department of Water Resources
P.O. Box 942836
Sacramento, CA 94236-0001
Re: Support for a Dam Safety Grant for the Anderson Dam Seismic Retrofit Project Dear Director Nemeth:
On behalf of the City of Santa Clara, I write to express my strong support for the Santa Clara Valley Water District (Valley Water) application for funding through the Dam Safety and Climate Resilience Local Assistance Program for the Stage 2 Diversion System, a component of the Anderson Dam Seismic Retrofit Project (ADSRP). The ADSRP is a critical seismic safety, water supply, flood risk reduction, groundwater recharge, and environmental enhancement project. The estimated $1.9 billion project cost is beyond what local ratepayers can bear without financial assistance from the state and federal governments.
The Stage 2 Diversion System is a mission critical ADSRP component that will safely manage water during construction and ensure flood protection during work on the dam embankment removal and reconstruction.
After completing this project component, the Stage 2 Diversion System will enable the rapid drawdown of the reservoir in an emergency. The ability to rapidly draw down the reservoir is a major dam safety and flood protection improvement that will allow the rapid release of water before atmospheric river storms arrive, reducing downstream flood risk for disadvantaged communities along Coyote Creek.
This diversion outlet system will also enable the timed release of cold water to support aquatic species, including threatened steelhead trout. Managing water temperature amid extreme heat events is a climate adaptation important for the survival of fish species. The Stage 2 Diversion System will also assist us in maximizing water supply and groundwater recharge capacity and benefits. One of Anderson Reservoir’s primary functions is to store water for releases timed to maximize groundwater replenishment in our highpriority basin. Without managed recharge, which this diversion outlet system supports, well levels would begin failing as the groundwater aquifer depletes in as little as two months.
As you know, the Division of Safety of Dams has determined that Anderson Dam is vulnerable to failure during a large earthquake. The failure of Anderson Dam at full capacity would result in catastrophic losses of life and property, inundating an area that includes many of the cities comprising the San José metropolitan area and southward to Monterey Bay. This kind of failure would impact not only homes and businesses but also critical infrastructure that supports national defense assets, the region’s technology economy, and its nearly two million people. Without the completion of the Stage 2 Diversion System that would be funded by this grant, construction on the ADRSP could not proceed to the dam removal and replacement.
Water rates in Santa Clara County are already among the highest in the nation, and the ADSRP is responsible for large rate increases that are projected for years to come. This grant can help keep drinking water affordable for our disadvantaged communities while also reducing flood risk, increasing dam safety, supporting the restoration of water supply, and helping threatened fish species. The ADSRP is worthy of significant financial support from the Dam Safety and Climate Resilience Local Assistance Program. I urge the largest award possible for the Stage 2 Diversion System.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
City of
Santa Clara
The Center of Wh~t's Posslblo
1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2200 ● Fax: 408-241-6771 ● SantaClaraCA.gov Mayor
Lisa M. Gillmor
October 18, 2024
Debbie-Anne A. Reese
Acting Secretary
Federal Energy Regulatory Commission
888 First Street NE, Room 1A
Washington, DC 20426
Re: Support for the Anderson Dam Seismic Retrofit Project Dear Acting Secretary Reese:
On behalf of the City of Santa Clara, California, I write to express concerns about potential delays to construction of the Anderson Dam Seismic Retrofit Project (ADSRP). The ADSRP is a critical seismic safety, water supply, flood risk reduction, groundwater recharge, and environmental enhancement project, and its timely completion is a high priority for the people of Santa Clara County.
Any delay in the construction schedule would be costly for the people of this region. Significant portions of ADSRP’s construction must occur during the dry season, and even a brief slip in schedule could push construction to the next dry season. This kind of delay would increase the project’s cost to ratepayers by at least $100 million, and it would further delay delivery of the project’s critical public safety and water supply benefits. When full, Anderson Reservoir holds enough water to supply a million people for a year.
The timely completion of ADSRP also has significant implications for the economies that this region supports. Silicon Valley is home to thousands of job-creating businesses that drive the regional, state, national, and international economies. As you know, Anderson Dam has been determined by federal and state dam safety officials to be vulnerable to failure during a significant earthquake. The failure of Anderson Dam at full capacity would result in catastrophic losses of life and property, inundating an area that includes many of the cities comprising the San José metropolitan area and southward to Monterey Bay. This kind of failure would impact not only homes and businesses but also critical infrastructure that supports the region’s economy and its nearly two million people.
I appreciate the opportunity to express my support for moving this project forward as quickly and as safely as possible, while also ensuring robust environmental protection. I respectfully urge the Federal Energy Regulatory Commission to ensure there are no further delays to completing this critical life safety project. Keeping the ADSRP on schedule is critical for protecting lives, property, and the economic wellbeing of our region.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
City of
Santa Clara
The Center of Wh~t's Posslblo
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1073 Agenda Date: 11/12/2024
REPORT TO COUNCIL
SUBJECT
Action to Approve Revisions to the Existing Resource Analyst II (Job Code 696) and Senior Resource Analyst (Job Code 771) Class Specifications
COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources
BACKGROUND
Sections 4 and 6 of the Personnel and Salary Resolution require City Council approval of new or revised classifications. The proposed Council action satisfies these applicable requirements.
Revisions to Resource Analyst II (Job Code 696):
The Human Resources Department modified the class specification for Resource Analyst II (Job Code 696) to include a broader definition of qualifying experience and to reduce the number of years of experience needed to meet the minimum qualifications for the classification.
Revisions to Senior Resource Analyst (Job Code 771):
The Human Resources Department modified the class specification for Senior Resource Analyst (Job Code 771) to include a broader definition of qualifying experience, to reduce the number of years of experience needed to meet the minimum qualifications, and to add a substitution option for the degree requirement consistent with existing language in the Resource Analyst II (Job Code 696) class specification.
The modifications to Resource Analyst II (Job Code 696) and Senior Resource Analyst (Job Code 771) were approved by the Civil Service Commission on October 10, 2024. The requested approvals do not modify the salary ranges for these classifications.
DISCUSSION
Revisions to Resource Analyst II (Job Code 696) Class Specification The Human Resources Department proposed revisions to the Resource Analyst II (Job Code 696) class specification to make administrative updates to the Summary section and add the Distinguishing Characteristics section, add clarifying language to the Minimum Qualifications/Education section, edit the Minimum Qualifications/Experience section to reduce the required years of experience and expand the definition of acceptable types of work experience, and to make administrative language updates to the Minimum Qualifications, Typical Duties and Knowledge, Skills and Abilities sections.
Resource Analyst II (Job Code 696) - with an annual salary range of $115,637.88 - $ 147,720.60. The Resource Analyst II (Job Code 696) performs supply resource planning, City of Santa Clara Page 1 of 2 Printed on 11/8/2024
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24-1073 Agenda Date: 11/12/2024
acquisition, and portfolio management assignments on a wide range of projects.
Revisions to Senior Resource Analyst (Job Code 771) Class Specification The Human Resources Department proposed revisions to the Senior Resource Analyst (Job Code 771) class specification to make administrative updates to the Summary section and add the Distinguishing Characteristics section, add clarifying language to the Minimum Qualifications/Education section, add work experience as a substitution for the degree requirement to align with existing language in the Resource Analyst II (Job Code 696) class specification, edit the Minimum Qualifications/Experience section to reduce the required years of experience and expand the definition of acceptable types of work experience, and to make administrative language updates to the Minimum Qualifications, Typical Duties and Knowledge, Skills and Abilities sections.
Senior Resource Analyst (Job Code 771) - with an annual salary range of $ 140,833.08 - $ 179,529.60. The Senior Resource Analyst (Job Code 771) provides leadership and supervision to plan and coordinate electric utility supply, demand-side resource acquisition, and portfolio management.
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
There is no fiscal impact for the class specification modifications for Resource Analyst II (Job Code 696) and Senior Resource Analyst (Job Code 771).
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
Approve revisions to the existing Resource Analyst II (Job Code 696) and Senior Resource Analyst (Job Code 771) class specifications
Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Class Specification (clean) Resource Analyst II (Job Code 696)
2. Class Specification (track changes version) Resource Analyst II (Job Code 696)
3. Class Specification (clean) Senior Resource Analyst (Job Code 771)
4. Class Specification (track changes version) Senior Resource Analyst (Job Code 771) City of Santa Clara Page 2 of 2 Printed on 11/8/2024
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Rev 8/2024
CITY OF SANTA CLARA, CALIFORNIA
CLASS SPECIFICATION