APPENDIX 4.4 Cultural Resources Assessment Report CULTURAL RESOURCES ASSESSMENT REPORT

SANTA CLARA SQUARE: RESIDENTIAL/MIXED USE PARCELS PROJECT CITY OF SANTA CLARA, SANTA CLARA COUNTY

FOR

IRVINE COMPANY 690 N. McCarthy Boulevard STE 100 Milpitas, CA 95035

ATTN: Carlene Matchniff Vice President, Project Management Apartment Development

BY

BASIN RESEARCH ASSOCIATES 1933 Davis Street, Suite 210 San Leandro, CA 94577

JUNE 2015 TABLE OF CONTENTS

1.0 INTRODUCTION 1 2.0 LOCATION AND DESCRIPTION 1-2 2.1 LOCATION 1 2.2 DESCRIPTION 1-2 2.3 AREA OF POTENTIAL EFFECTS (APE) 2

3.0 REGULATORY CONTEXT 2-5 3.1 STATE OF CALIFORNIA 2-4 3.2 CITY OF SANTA CLARA 4-5

4.0 METHODOLOGY 5-6 5.0 BACKGROUND CONTEXT 6-16 5.1 NATIVE AMERICAN - Prehistoric 7-10 5.2 NATIVE AMERICAN - Ethnographic 10-11 5.3 HISTORIC ERA 11-15 5.3A Hispanic Period 12 5.3B American Period 12-15 5.4 ARCHAEOLOGICAL SENSITIVITY 15-16

6.0 PRE-FIELD IDENTIFICATION EFFORT 16-17 6.1 RECORDS SEARCH RESULTS 16 6.2 COMPLIANCE REPORTS 16-17 6.3 LISTED HISTORIC PROPERTIES 17

7.0 INDIVIDUALS, GROUP AND AGENCY PARTICIPATION 17 8.0 ARCHAEOLOGICAL FIELD INVENTORY 17 9.0 FINDINGS 18 10.0 CULTURAL RESOURCE IMPACTS AND MITIGATION MEASURES 18-21 10.1 DEFINITION OF IMPACTS 18-20 10.2 MITIGATION MEASURES 20-21

11.0 REFERENCES CITED AND CONSULTED 22-34 TABLE OF CONTENTS, con't

ATTACHMENTS FIGURES

FIGURE 1 General Project Location FIGURE 2 Project Location (USGS Milpitas, Calif. 1980 and San Jose West, Calif. 1980) FIGURE 3 Aerial View of Project Area (Google Earth)

FIGURE 4 Santa Clara Square Existing Conditions (3/2/2015)

FIGURE 5 Project Area - Quaternary Deposits (USGS Milpitas, Calif. 1980 and San Jose West, Calif. 1980; Witter et al. 2006)

CORRESPONDENCE

LETTER REQUEST TO NATIVE AMERICAN HERITAGE COMMISSION LETTER NATIVE AMERICAN HERITAGE COMMISSION RESPONSE LETTERS REQUEST TO NATIVE AMERICANS IDENTIFIED BY NATIVE AMERICAN HERITAGE COMMISSION MEMO RECORD OF NATIVE AMERICAN CONTACTS

CHRIS/NWIC SEARCH RESULTS (No Confidential Information Included)

SEARCH 1 File No. 13-1113 dated 2/04/2014

SEARCH 2 File No. 14-0433 dated 11/05/2014

1.0 INTRODUCTION

This Cultural Resources Assessment Report (CRAR) for the proposed Santa Clara Square: Residential/Mixed Use Parcels Project (Project) located within the City of Santa Clara, Santa Clara County provides the results of a records search conducted by the California Historical Resources Information System, Northwest Information Center (CHRIS/NWIC); a limited literature review; Native American Heritage Commission consultation; a field review; and, a discussion of potential impacts and proposed mitigation measures. The intent of the CRAR was to determine if significant cultural resources under the California Environmental Quality Act (CEQA) could be affected by the proposed project.

2.0 LOCATION AND DESCRIPTION 2.1 LOCATION [Figs. 1-3]

The Irvine Company plans to redevelop an approximately 33 acre project site known as the Santa Clara Square: Residential/Mixed Use Parcels Project is located south of U.S. Highway 101 between Bowers Avenue on the west, the San Tomas Creek Trail on the east and is north of the Central Expressway, City of Santa Clara, Santa Clara County (United States Geological Survey [hereafter USGS], Milpitas, Calif. 1980, 7.5' quadrangle topographic map, T 6S R 1W, part Section 28). The project site consists of various parcels bisected by Scott Boulevard. The three parcels in the northern portion include the future Main Street on the west (to be constructed), Augustine Drive on the north, Montgomery Drive and part of Octavius Drive on the east along with a portion of the San Tomas Creek Trail [Fig. 4]. Coronado Drive and an existing office property are included in the parcel south of Scott Boulevard [Fig. 4].

The 2010-2015 Land Use Diagram in the City of Santa Clara 2010-2035 General Plan designated the project site Light Industrial in Phase I: 2010-2015 and Phase II: 2015-2023, and High Density Residential in Phase III: 2023-2035. The construction of the proposed project will implement Phase III of the City of Santa Clara 2010-2035 General Plan within the Central Expressway Focus Area (SC/PD 2010:5-21, Fig. 5.2-1, 5-23, Fig. 5.2-3, 2010:5-43, Fig. 5.4-1). The project area comprises five development parcels with three apartment construction phases:

Apartment Phase 1 - bounded by Augustine Drive on the north, Montgomery Drive on the east and Scott Boulevard on the south. This phase is adjacent to the east side of southern portion of the Augustine-Bowers Office Park Project (SC/PD 2009). Apartment Phase 2 - bounded by Augustine Drive on the north, Octavius Drive on the east, Scott Boulevard on the south and Montgomery Drive on the west. Apartment Phase 3 - bounded by Office 3 on the north, San Tomas Creek Trail on the east, Scott Boulevard on the south and Octavius Drive on the west. Apartment Phase 3A - bounded by Scott Boulevard on the north, San Tomas Creek Trail on the east, and business parks on the south and west.

2.2 DESCRIPTION

The proposed Santa Clara Square: Residential/Mixed Use Parcels Project intends to compliment the adjacent office campus to the north and retail properties to the west by building an integrated, 2

walkable, live/work/play community. The project plans to demolish existing buildings within the approximately 33 acre project site. Construction of the infill, mixed-used development project would result in approximately 1,800 apartment homes, 40,000 gross square feet (gsf) retail space, 4,500 gsf leasing space and 38,000 gsf amenity space. Project site components include: dining for the residents and employees of Santa Clara Square as well as the community at large, related parking for residents, guests and overflow retail; infrastructure improvements (i.e., sewer, water and storm drainage); and, an open space and park system with access to the San Tomas Aquino Creek Trail.

2.3 AREA OF POTENTIAL EFFECTS (APE)

The Area of Potential Effects (APE) includes all areas where direct or indirect impacts may occur within the four development parcels. The horizontal and vertical Area of Potential Effects (APE) of the proposed project site consists of the maximum area of surface and subsurface disturbance with anticipated excavation depths of at least ten feet below the present ground surface depending on the locations of existing and project-related utilities.

Construction staging areas and temporary construction work spaces (including equipment, laydown of materials and storage of excavated materials) are anticipated and would occur within the project site. The use of these areas will not result in any subsurface impacts. 3.0 REGULATORY CONTEXT

Cultural resources include prehistoric and historic archaeological sites, districts, and objects; standing historic structures, buildings, districts, and objects; and locations of important historic events or sites of traditional and/or cultural importance to various groups. The analysis of cultural resources can provide valuable information on the cultural heritage of both local and regional populations.

Cultural resources may be determined significant or potentially significant in terms of national, state, or local criteria either individually or in combination. Resource evaluation criteria are determined by the compliance requirements of a specific project.

3.1 STATE OF CALIFORNIA

This report has been prepared to meet applicable California Environmental Quality Act (CEQA) and the Historic Preservation Goals and Policies of the City of Santa Clara’s General Plan for historic properties (cultural resources) which require the identification and evaluation of cultural resources that could be affected by the project.

The California Register of Historical Resources (Public Resources Code Section 5024.1) is a listing of those properties that are to be protected from substantial adverse change, and it includes properties that are listed, or have been formally determined to be eligible for listing in, the National Register of Historic Places, State Historical Landmarks, and eligible Points of Historical Interest. A historical resource may be listed in the California Register of Historical Resources if it meets one or more of the following criteria: 3

 It is associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States;  It is associated with the lives of persons important to local, California, or national history;  It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values; or,  It has yielded or has the potential to yield information important in the prehistory or history of the local area, California, or the nation.

Historical Resources Public Resources Code Section 21084.1 stipulates that any resource listed in, or eligible for listing in the California Register of Historical Resources, is presumed to be historically or culturally significant. Resources listed in a local historic register or deemed significant in a historical resource survey (as provided under Public Resources Code Section 5024.1g) are presumed historically or culturally significant unless the preponderance of evidence demonstrates they are not. A resource that is not listed in or determined to be eligible for listing in the Public Resources Code, not included in a local register or historic resources, or not deemed significant in a historical resource survey may nonetheless be historically significant (Public Resources Code Section 21084.1). This provision is intended to give the Lead Agency discretion to determine that a resource of historic significance exists where none had been identified before and to apply the requirements of Public Resources Code Section 21084.1 to properties that have not previously been formally recognized as historic.

The California Environmental Quality Act equates a substantial adverse change in the significance of a historical resource with a significant effect on the environment (Public Resources Code Section 21084.1) and defines substantial adverse change as demolition, destruction, relocation, or alteration that would impair historical significance (Public Resources Code Section 5020.1).

Archaeological Resources Where a project may adversely affect a unique archaeological resource, Public Resources Code Section 21083.2 requires the Lead Agency to treat that effect as a significant environmental effect. When an archaeological resource is listed in or is eligible to be listed in the California Register of Historical Resources, Public Resources Code Section 21084.1 requires that any substantial adverse effect to that resource be considered a significant environmental effect. Public Resources Code Sections 21083.2 and 21084.1 operate independently to ensure that potential effects on archaeological resources are considered as part of a project's environmental analysis. Either of these benchmarks may indicate that a project may have a potential adverse effect on archaeological resources.

Other California Laws and Regulations Other state-level requirements for cultural resources management appear in the California Public Resources Code Chapter 1.7, Section 5097.5 "Archaeological, Paleontological, and Historical Sites," and Chapter 1.75 beginning at Section 5097.9 "Native American Historical, Cultural, and Sacred Sites" for lands owned by the state or a state agency. 4

The disposition of Native American burials is governed by Section 7050.5 of the California Health and Safety Code and Public Resources Code Sections 5097.94 and 5097.98, and falls within the jurisdiction of the Native American Heritage Commission.

3.2 CITY OF SANTA CLARA

The City of Santa Clara 2010-2035 General Plan (hereafter General Plan) Section 5.6 Historic Preservation provides the local regulatory context for the proposed project. The City has established a Historical and Landmarks Commission and obtained recognition by the State Office of Historic Preservation of the City as a Certified Local Government (CLG). Historic preservation policies support the two Major Strategies of the General Plan to enhance the City’s identity and to preserve existing neighborhoods. The City currently uses the following tools to evaluate historic resources:

 The Historical and Landmarks Commission advises the City Council on all matters related to historical sites and issues. As required by the State Certified Local Government program, the City has established a list of Architecturally or Historically Significant Properties which is included in Appendix 8.9 of the General Plan, and is one of the tools used for the Commission’s recommendations.

 The Criteria for Local Significance (General Plan Appendix 8.9), establishes evaluation measures, to ensure that the resource is at least 50 years old and that the property is associated with an important individual or event, an architectural innovation, and/or an archaeological contribution in order to be deemed significant. The City maintains a list of qualified historic consultants for these evaluations.

General Plan – Section 5.6.3 Archaeological and Cultural Resources Goals and Policies

Section 5.6.3 applies to archaeological resources. No standing historic buildings and/or structures are present within the bounds of the project area due to previous development. The following Goals and Policies ensure that these resources are protected, now and into the future, and that appropriate mitigation measures to unforeseen impacts are enforced.

Archaeological and Cultural Resources Goals

5.6.3-G1 Protection and preservation of cultural resources, as well as archaeological and paleontological sites. 5.6.3-G2 Appropriate mitigation in the event that human remains, archaeological resources or paleontological resources are discovered during construction activities.

Archaeological and Cultural Resources Policies

5.6.3-P1 Require that new development avoid or reduce potential impacts to archaeological, paleontological and cultural resources. 5.6.3-P2 Encourage salvage and preservation of scientifically valuable paleontological or archaeological materials. 5

5.6.3-P3 Consult with California Native American tribes prior to considering amendments to the City’s General Plan. 5.6.3-P4 Require that a qualified paleontologist/archaeologist monitor all grading and/or excavation if there is a potential to affect archeological or paleontological resources, including sites within 500 feet of natural water courses and in the Old Quad neighborhood. 5.6.3-P5 In the event that archaeological/paleontological resources are discovered, require that work be suspended until the significance of the find and recommended actions are determined by a qualified archaeologist/paleontologist. 5.6.3-P6 In the event that human remains are discovered, work with the appropriate Native American representative and follow the procedures set forth in State law.

4.0 METHODOLOGY

A prehistoric and historic site record and literature search for the project site and a 0.25-mile radius was completed by the California Historical Resources Information System, Northwest Information Center, Sonoma State University, Rohnert Park (CHRIS/NWIC File No. 14-0433 by Hagel). An earlier search also conducted for The Irvine Company included most of the project site with the minor exception of the southern part of the southeastern most parcels south of Scott Boulevard (CHRIS/NWIC No. 13-1113 by Hagel). In addition, reference material from the Bancroft Library, University of California, Berkeley and material on file at Basin Research Associates, San Leandro was also consulted. Other specialized listings for cultural resources consulted include:

 Historic Properties Directory for Santa Clara County (CAL/OHP 2012a) with the most recent updates of the National Register of Historic Places (NRHP); California Register of Historical Resources (CRHR); California Historical Landmarks; and, California Points of Historical Interest;  Archeological Determinations of Eligibility for Santa Clara County (CAL/OHP 2012b);  California History Plan (CAL/OHP 1973);  California Inventory of Historic Resources (CAL/OHP 1976);  Five Views: An Ethnic Sites Survey for California (CAL/OHP 1988);  California Historical Resources – Santa Clara County [including National Register, State Landmark, California Register, and Point of Interest] (CAL/OHP 2015).  Local county and city lists (Pace 1975; SClCoHHC 1979, 1999)  Historic Civil Engineering Landmarks of San Francisco and Northern California (ASCE/SF 1977);  Historic Civil Engineering Landmarks (ASCE 2015)  Potential cultural resources in the City of Santa Clara (e.g., Hendry and Bowman 1940; Hylkema 1995; Duval 1999; Garcia 1997).  City of Santa Clara Sensitivity Maps: Archeologically Sensitive Boundaries (1997) and 6

Boundaries of Identified Archaeological Sensitive Area (1999).  Historic topographic and plan view maps (US/BLM) [GLO or General Land Office] 1851-1866; Healey 1866; Whitney 1873; Thompson and West 1876; Freeman and Reed 1875-1866; Nelson 1909, ca. 1912; Hendry and Bowman 1940; Sowers and Thompson 2005; USDA 1958; USGS v.d.; US War Dept 1943).

The Native American Heritage Commission (NAHC) was contacted for a search of the Sacred Lands Inventory (Busby 2014a) for the project site with contact initiated with 11 Native American individuals/groups recommended by the NAHC.

No other agencies, departments or local historical societies were contacted regarding landmarks, potential historic sites or structures.

Dr. Colin I. Busby, Basin Research Associates, completed a windshield and pedestrian survey of the project site on March 9, 2015.

5.0 BACKGROUND CONTEXT

The City of Santa Clara is located within the Santa Clara Valley defined as an approximately northwest-southeast trending very gently sloped geostructural trough about 105 km (65 miles) long, stretching in the north from about the present Santa Clara County line, south to a point about 10 km (6.2 miles) south of the town of Hollister, where the San Benito River meets a widening alluvial plain. The trough is bounded on the east by the Mt. Hamilton and San Carlos ranges, both segments of the Diablo Range, which separates the Santa Clara Valley from the Great Interior or Central Valley. On the west, the boundary coincides with the Santa Cruz Mountains, in the north, and the Gabilan Range, to the south. These two ranges are separated by an impressive wide canyon or valley.

A number of major land cover types were present in the valley prior to Euro-American development. The types included freshwater marshes, wet and alkali meadows, willow groves, and valley oak savanna in addition to riparian habitat, grasslands and tidal flats along the bay. These all experienced significant declines over the past 150 years with impacts on both the native plant and animal communities. In addition, water and flood control projects have resulted in significant vegetation and channel changes along the major water courses including Coyote Creek and the Guadalupe River in the near vicinity of the project.

The valley climate is Mediterranean and is characterized with warm summers, and wet winters although the surrounding mountains and proximity to the Pacific Ocean moderate the weather (Broek 1932). In addition, there is at least three times as much rainfall in the wettest month as during the driest summer month with an average of 10-20 inches per year. During the summer, winds from the usual high pressure area off the coast flow into the valley from the direction of San Francisco Bay, as well as through a relatively low part of the Santa Cruz Mountains west of Los Gatos and through the Pajaro Gap.

The valley has experienced a number of climatological and physiographical changes over the past 10,000 years due to climatic change and earthquakes. Sea levels began to rise due to glacial melting until about 6000 years ago and then started to decline although land subsidence probably 7

continued. By about 4000 years ago, San Francisco Bay had almost attained its present outline and marshes were forming, for example, at the mouths of the present-day Coyote Creek and Guadalupe River.

Local Geology/Soils

The 1958 USDA Santa Clara Area, California Soil Survey shows no kitchen middens (culturally affected prehistoric soils; Ka) in or adjacent to the project (USDA 1958: Soil Map Northern Sheet). The soils in the project and adjacent areas are mapped as Mocho Loam over basin clays, 0 to one percent slopes (Mn) and Mocho clay loam over basin clays, 0 to one percent slopes (Mi) along Saratoga Creek and San Tomas Aquinas creeks with Castro silty clay, 1 to 3 percent slopes (Ce) west of Saratoga Creek (USDA 1958:51-52, 97-98, Northern Sheet).

Recent mapping by Witter et al. (2006) shows the majority of the project area within latest Holocene (less than 11,800 years) alluvial fan deposits (Qhfy) with Holocene alluvial fan deposits, fine facies (Qhff) comprising the remainder. The area where the former Saratoga Creek passed through the project is mapped as modern stream channel deposits (Qhc; less than 150 years). San Tomas Aquino Creek adjacent to the east side of the project and approximately 0.25 miles east of the former Saratoga Creek is mapped as artificial stream channel (ac) less than 150 years in age (Witter et al. 2006) [see Fig. 5].

The older alluvial fan deposits suggest deposition prior to the potential Native American occupation of the Santa Clara area. These deposits generally have been reworked by frequent flooding and do not exhibit any soil development. The current nature of the creeks in the general area strongly suggests that water actions (and/or channelization) have removed any Holocene prehistoric cultural deposits from the channel. Overbank flooding and sediment deposition resulting in site burial do not appear likely and the lack of Holocene stream terrace deposits along the creek banks (e.g., the former Saratoga Creek) in the general study area offers some support for this interpretation.

Contemporary

The area is currently within a developed urban area of commercial/industrial properties bounded by public streets and US Highway 101. Prior disturbance includes surface development and subsurface infrastructure improvements. Initial development appears to date from the 1960s.

5.1 NATIVE AMERICAN - Prehistoric

Cultural resources are traces of human occupation and activity. In northern California, cultural resources extend back in time for at least 9,000-11,500 years with Native American occupation and use of the Santa Clara Valley extending over 5,000-8,000 years and possibly longer.

The area would have provided a favorable environment during the prehistoric period with riparian and inland resources readily available and the bayshore in relative close proximity. Native American occupation sites appear to have been selected for accessibility, protection from seasonal flooding, and the availability of resources for both food and industrial use. 8

Archaeological information for the general Bay Area suggests a slow steady increase in the prehistoric population over time with an increasing focus on permanent settlements with large populations in later periods. This change from hunter-collectors to an increased sedentary lifestyle is due to more efficient resource procurement as well as a focus on staple food exploitation, the increased ability to store food at village locations, and the development of increasing complex social and political systems including long-distance trade networks.

Prehistoric site types recorded in the valley include habitation sites ranging from villages to temporary campsites, stone tool and other manufacturing areas, quarries for tool stone procurement, cemeteries usually associated with large villages, isolated burial sites, rock art locations, bedrock mortars or other milling feature sites, and trails (Elsasser 1986:32).

Archaeological research in the region has been interpreted using several chronological schemes based on stratigraphic differences and the presence of various cultural traits. A three-part cultural chronological sequence, the Central California Taxonomic System (CCTS) was developed by archaeologists to explain local and regional cultural change in prehistoric central California from about 4,500 years ago to the time of European contact (Lillard et al. 1939; Beardsley 1948, 1954). This classification scheme, consisting of three horizons - Early, Transitional and Late, has been revised although the prior nomenclature (Early, Middle, Late Horizon) is still in common use (see Fredrickson 1994). Moratto (1984) suggests the Early Horizon dated to ca. 4,500 to 3,500/3,000 years ago with the Middle Horizon dating to circa 3,500 to 1,500 years ago and the Late Horizon dating to circa 1,500 to 250 years ago [see Table 1]. Allen (1999) has presented a four-period chronological framework for the Northern Santa Clara Valley/Southern San Francisco Bay region using the Bennyhoff and Hughes (1987) taxonomy as revised by Milliken and Bennyhoff (1993) and Fredrickson (1994) [see Table 2].

The Early Horizon is the most poorly known of the periods. Basic Early Horizon traits include hunting and fishing for subsistence and the presence of milling stones for vegetal food processing, use of the atlatl (i.e., throwing board and spear), and a relative absence of fire-altered rock, greasy midden, organic soil, charcoal, and ash in the middens (culturally affected soils). Early Horizon cultures practiced elaborate burial rituals and placed a wealth of goods in graves of the dead. Well-developed trade networks with other areas of the Pacific Coast and Sierra Nevada were also developed by this time. It is believed that the initial occupation of central California was by Hokan-speaking peoples. Middle Horizon sites are more common and are relatively better known than Early Horizon sites. These sites usually have deep, stratified deposits that contain large quantities of ash and charcoal, fire-altered rock, and fish, bird, and mammal faunal remains. The presence of significant numbers of mortars and pestles is suggestive of a growing reliance upon gathered plant foods as opposed to hunted animal foods. The aboriginal populations were unchanged from Early Horizon peoples. Burials were usually flexed and only a small proportion of the graves contained artifacts, which were usually utilitarian. An increase in violence is suggested by the number of Middle Horizon burials found with projectile points embedded in the bones or with other marks of violence. The Late Horizon emerges from the Middle Horizon with the continued use of many early traits and the introduction of several new traits. Late Horizon sites are the most numerous and are composed of rich, greasy midden with bone and fire-altered rocks. Use of the bow 9

and arrow, flexed interments, deliberately damaged ("killed") grave offerings, and occasional cremation of the dead are among the known traits of this horizon. Dietary emphasis on acorns and seeds is evident in this horizon. Trade with surrounding and other areas was well established for various raw materials. Compared to earlier peoples, Late Horizon groups were short in stature with finer bone structure, evidence perhaps of the replacement of original Hokan-speaking settlers by Penutian-speaking groups by circa 1,500 years ago.

Table 1 – Hypothesized Characteristics of Cultural Periods in California 1800 A.D. Clam disk bead money economy appears. More and more goods moving farther Upper Emergent Period and farther. Growth of local specializations relative to production and exchange. Phase 2, Late Horizon Interpenetration of south and central exchange systems. 1500 A.D. Bow and arrow introduced replace atlatl and dart; south coast maritime Lower Emergent Period adaptation flowers. Territorial boundaries well established. Evidence of Phase 1, Late Horizon distinctions in social status linked to wealth increasingly common. Regularized exchanges between groups continue with more material put into the network of exchanges. 1000 A.D. Growth of sociopolitical complexity; development of status distinctions based on Upper Archaic Period wealth. Shell beads gain importance, possibly indicators of both exchange and Middle Horizon status. Emergence of group-oriented religious organizations; possible origins of Intermediate Cultures Kuksu religious system at end of period. Greater complexity of exchange systems; evidence of regular, sustained exchanges between groups; territorial boundaries not firmly established. 500 B.C. Climate more benign during this interval. Mortars and pestles and inferred acorn Middle Archaic Period economy introduced. Hunting important. Diversification of economy; sedentism Middle Horizon begins to develop, accompanied by population growth and expansion. Intermediate Cultures Technological and environmental factors provide dominant themes. Changes in exchange or in social relations appear to have little impact. 3000 B.C. Ancient lakes dry up as a result of climatic changes; milling stones found in Lower Archaic Period abundance; plant food emphasis, little hunting. Most artifacts manufactured of Early Horizon local materials; exchange similar to previous period. Little emphasis on wealth. Early San Francisco Bay Social unit remains the extended family. Early Milling Stone Cultures 6000 B.C. First demonstrated entry and spread of humans into California; lakeside sites Upper Paleo-Indian Period with a probable but not clearly demonstrated hunting emphasis. No evidence for San Dieguito a developed milling technology, although cultures with such technology may Western Clovis exist in the state at this time depth. Exchange probably ad hoc on one-to-one 8000 B.C. basis. Social unit (the extended family) not heavily dependent on exchange; resources acquired by changing habitat.

General overviews and perspectives on the regional prehistory including chronological sequences can be found in Wallace (1978) C. King (1978a), Moratto (1984), Elsasser (1978, 1986), Allen (1999), Jones and Klar (2007), and Milliken, et al. (2007). In addition, Hylkema (2002) provides detail regarding environment and chronology for selected archaeological sites from the southern San Francisco Bay and the peninsula coast. 10

TABLE 2 Comparison of California Cultural Period with Temporal Phases of Central California (Allen 1999)

Cultural Periods Dating Scheme B1 (Fredrickson 1994) (Bennyhoff and Hughes 1987) Year Time Period

EMERGENT Historic Period PERIOD AD 1800 Late Period Phase 2-B AD 1700 Late Period Phase 2-A AD 1500 Late Period Phase 1-C AD 1300 Late Period Phase 1-B AD 1100 Late Period Phase 1-A UPPER ARCHAIC AD 900 PERIOD Middle/Late Period Transition AD 700 Middle Period Terminal Phase AD 500 Middle Period Late Phase AD 300 Middle Period Intermediate Phase AD 100 Middle Period Early Phase 200 BC Early/Middle Period Transition MIDDLE ARCHAIC 500 BC PERIOD

Early Period

3000 BC LOWER ARCHAIC PERIOD

6000 BC PALEOINDIAN PERIOD

8000 BC

5.2 NATIVE AMERICAN - Ethnographic

The aboriginal inhabitants of the Santa Clara Valley belonged to a group known as the "Costanoan", derived from the Spanish word Costanos ("coast people" or "coastal dwellers") who occupied the central California coast as far east as the Diablo Range (Kroeber 1925:462; Hart 1987:112-113). The descendants of these Native Americans now prefer to be called . In 1770 the Ohlone lived in approximately 50 separate and politically autonomous tribelets with each group having one or more permanent villages surrounded by a number of 11

temporary camps. Physiographic features usually defined the territory of each group which generally supported a population of approximately 200 persons with a range of between 50-500 individuals (Levy 1978:485, 487).

The project area is within the Tamyen (Tamien) tribelet territory of the Ohlone in the San Bernardino District (the area located west of Mission Santa Clara) (Kroeber 1925:465, Fig. 42; Levy 1978:485, Fig. 1; Milliken 1995:229, Map 5, 256; Milliken 2006:27, Fig. 5).

Mission Santa Clara, founded in 1777 and variously relocated and rebuilt, was a major focus of Native American residency and conversion in the overall study area. However, no ethnographic settlements were located in, adjacent or near the project with the exception of the Native Americans associated with the relocated Mission Santa Clara approximately 2.5 miles to the southeast. Reportedly, Mission Santa Clara had the largest Native American population of the missions established in Alta California (CAL/OHP 1990:231, SHL #338; see Hylkema 1995).

No known Native American ethnographic settlements (villages), trails, traditional use areas or contemporary use areas have been identified in, adjacent or near the project (e.g., Elsasser 1986:48, Table 4, Fig. 10; CAL/OHP 1988; Shoup and Milliken 1999:Fig. 2).

Extensive ethnographic data for the San Francisco Bay Region are lacking, and the aboriginal lifeway apparently disappeared by approximately 1810 due to introduced diseases, a declining birthrate, the cataclysmic impact of the mission system and the later secularization of the missions by the Mexican government. The aboriginal inhabitants of the San Francisco Bay Region were transformed from hunters and gatherers into agricultural laborers who lived at the missions and worked with former neighboring groups (e.g., Ohlone, Bay Miwok, Esselen, and Yokuts). Later, because of the secularization of the Missions by Mexico in 1834, most of the aboriginal population gradually moved to ranchos to work as manual laborers. The resulting multi-ethnic Indian communities provided the ethnological data collected from 1878 to 1933 (Cook 1957:143; Levy 1978:486) that was used to develop the initial cultural history of the Native Californians.

For a more extensive review of the Native American inhabitants see Kroeber (1925), Harrington (1942), Galvan (1967/1968), King and Hickman (1973), C. King (1974, 1977, 1978b, 1994), Levy (1978), Margolin (1978), Mayfield et al. (1981), Bean (1994), and Milliken (1995, 2006, 2008).

5.3 HISTORIC ERA

The history of the Santa Clara Valley can be divided into the Age of Exploration, the Hispanic Period (Spanish Period 1769-1821 and the Mexican Period (1822-1848), and the American Period (1848-onward). During the Hispanic Period, Spanish government policy in northwestern New Spain was directed at the founding of presidios (forts), missions, and pueblos (secular towns) with the land held by the Crown whereas later Mexican policy (1822-1846) stressed individual ownership of the land with grants of vast tracts of land to individuals. The American Period focused on development and growth - a pattern that continues into the 21st Century. 12

5.3A Hispanic Period (1769 to 1848)

The Spanish philosophy of government in northwestern New Spain was directed at the founding of presidios, missions, and secular towns with the land held by the Crown (1769-1821). The later Mexican policy stressed individual ownership of the land. After the secularization of the missions was declared by Mexico in 1833, vast tracts of the mission lands were granted to individual citizens (Hart 1987).

Spanish explorers in the late 1760s and 1770s were the first Europeans to traverse the Santa Clara Valley. Expedition parties likely followed Native American trails through the study area. The first party, led by Gaspar de Portola and Father Juan Crespi, arrived in the Alviso area in the fall of 1769. Sergeant Jose Francisco Ortega of their party explored the eastern portion of San Francisco Bay and likely forded both the mouth of the Guadalupe River and Coyote Creek. The following year, Pedro Fages led another party through the Santa Clara Valley and in 1772 Fages returned with Crespi and in 1774, Fr. Francisco Palou. Hickman (1974:7/S-4391) notes that Palou likely crossed San Tomas Aquinas and Saratoga "arroyos" on November 27, 1774 and that following Bolton (1926:410), Palou's camp was on Calabasas Creek. A few years later, in 1776, Juan Bautista de Anza and Father Pedro Font traveled through the region and their favorable reports led to the establishment of both Mission Santa Clara and the Pueblo San Jose de Guadalupe in 1777.

The Juan Bautista de Anza National Historic Trail [1776] authorized by Congress in 1990 is mapped north of the project. Mission Santa Clara de Asis, the eighth of the 21 missions founded in California and one of seven missions located within Ohlone territory, would have been the mission with the greatest impact on the aboriginal population living in the project vicinity (Beck and Haase 1974:#16-17; James and McMurry 1933:8; Hart 1987:112-113, 324; Brown 1994; USNPS 1995).

No known Hispanic Period resources - dwellings or features (e.g., corrals, orchards, etc.) - have been identified in or adjacent the project. The project is within ungranted lands approximately 400 to 600 feet south of the southwest corner of the Rancho Ulistac1 and approximately 0.4/0.5 miles northeast of the northeast corner of the Enright Tract. The project area was probably used for grazing cattle as the export of tallow and hides was a major economic pursuit of the Santa Clara Valley and California during the Hispanic Period (Freeman and Reed 1857-1866; US/BLM [GLO] 1851-1866; Hendry and Bowman 1940:Map of Santa Clara County; USGS Milpitas, Calif. 1980; USGS San Jose West, Calif. 1980).

5.3B American Period (1848-Contemporary)

California became a United States territory in 1848 through the Treaty of Guadalupe Hidalgo that ended the Mexican War of 1846-1847. California was not formally admitted as a state until 1850. In the mid-19th century, the majority of the rancho and pueblo lands and some of the ungranted land in California were subdivided as the result of the American takeover, population growth, and the confirmation of Mexican Period property titles. Growth can be attributed to the Gold Rush (1848), followed by the completion of the transcontinental railroad (1869) and local

1 The southern rancho boundary is slightly oblique in the vicinity of the Santa Clara Square Project. 13

railroads. Still later, the development of the refrigerator railroad car (ca. 1880s) used for the transport of agricultural produce to distant markets, had a major impact on the Santa Clara Valley. During the later American Period and into the Contemporary Period (ca. 1876-1940s), fruit production became a major industry. This predominance of fruit production/processing held steady until after World War II. In recent decades this agrarian land-use pattern has been gradually displaced by residential housing, commercial centers, and the development of research and development and manufacturing associated with the electronics industry leading to the designation of the general region as the "Silicon Valley." Within the Santa Clara Valley, the City of San Jose served as a County seat as well as a financial and social center (Broek 1932:76-83; Hart 1987).

The project area was located north/northwest of the Town of Santa Clara, named after Mission Santa Clara (founded in 1777 and variously relocated). The Town of Santa Clara was surveyed by William Campbell in 1847 adjacent to the east side of the Mission and incorporated in 1852. The northwest boundary of the town in the 1860s - Lincoln Street at San Francisco Road/El Camino Real was approximately two miles from the southeasternmost project parcel.

The first EuroAmerican American (non-Hispanic) settlers arrived in 1846 and 1847. Prior to 1846 almost all of the buildings had been built for the Mission; after 1846 buildings were erected by Americans or under American influence including an adobe tannery in 1849. The secular town of Santa Clara was surveyed by William Campbell in 1847. The town government was organized and its first duly elected officials took office in 1852 at which time approximately 200 individuals resided in the town. Incorporation did not take place until 1872. The Santa Clara post office was established prior to July 28, 1851. Early American Era buildings included a hotel and 23 pre-fabricated houses imported from New England. In addition to Roman Catholic services at the Mission, other Churches were built for Presbyterian, Methodist, and Episcopal denominations. Early educational institutions consisted of Santa Clara College chartered in 1855; California Wesleyan College, later known as University of Pacific in 1851; and, The Female Institute in 1853. The town was a fruit packing center in 1870s through World War II. The arrival and expansion of the railroad and later road system facilitated the growth of heavy industry. Post World War II infill subdivisions and tract housing were built with concomitant increases in population and expanded geographically. Thus from 8000 inhabitants by 1940, the City of Santa Clara by the early 1980s increased to 88,200 residents (Bowen 1866; Munro-Fraser 1881:550-552; San Jose Mercury 1896:64, 70; Hendry and Bowman 1940:731-732; Thompson and West 1876:15 1/2-3/4, 36, 43; Sawyer 1922:277-279; Wyatt and Arbuckle 1948:37; Hart 1987:453; Patera 1991:191; Garcia 1997:8, 54, 58, 61, 97; USGS 1980:San Jose West).

Limited Historic Map Review

A limited selection of historic topographic and plan view maps including the General Land Office and USGS topographic maps was reviewed to determine previous and existing natural and cultural features and any changes over time within and adjacent to the proposed project.

The Creek & Watershed Map of Milpitas & North San Jose shows the alignment of former Saratoga Creek passing through the approximate alignment of Montgomery Drive between Augustine Drive and Scott Boulevard. The channelized San Tomas Aquinas Creek is present along the eastern development parcels (Sowers and Thompson 2005). 14

Hendry and Bowman's 1940 manuscript and maps of The Spanish and Mexican Adobe and Other Buildings in the Nine San Francisco Bay Counties, 1776 to about 1850 shows no known adobe dwellings and/or other features (e.g., roads corrals, embarcadero, acequias, mills) in or adjacent to the project. The 1851 General Land Office (GLO) survey plat for Township 6 South Range 1 West updated to 1866 (US/BLM 1851-1866) shows a number of cultural features in the general study area. A north-south “Road” that conforms to the approximate alignment of present- day Bowers Avenue and another “Road” along the present-day alignment of channelized San Tomas Aquinas Creek. A short “Lane” is shown through the southern boundary of Section 28 east of “Campbell’s or Sanjon Creek” (present-day Saratoga Creek) and west of the SE ¼ of the SE ¼ of Section 28 of T6S R1 W. “Campbell’s or Sanjon Creek” proceeds through the project north of Scott Boulevard while San Tomas Aquinas Creek (or Arroyo) is not mapped. In addition, a “House” is shown located south of the southeasternmost Scott Boulevard parcels within the NE ¼ of the SE ¼ of the SE ¼ of Section 28 of T6S R1W (US/BLM [GLO] 1851-1866). Healey's 1866 Official Map of the County of Santa Clara shows various rancho boundaries, major roads, railroad routes, as well as the locations of isolated farms/ranches and schematic city grids throughout the county. This map shows the alignment of a north-south road from Alviso - Bowers Avenue west of the project - south to the isolated square shaped “Enwright Tract” (Enright). This road appears to have been just east of Bowers Road (just south of present-day Kifer Road/Central Expressway). Whitney's 1873 Map of the Region Adjacent to the Bay of Bay Francisco shows "Campbell's Creek" further north as “Zanjon Creek” and the outline of various ranchos/tracts. No roads are shown in the vicinity of the project although the alignment of the "Southern Pacific Railroad" is shown approximately 0.75 mile south of the project. No "Indian Mound"[s] are shown in the vicinity of the project. Both the Healey 1866 Official Map of the County of Santa Clara and Thompson and West's 1876 Historical Atlas of Santa Clara County, California show Lawrence Station along the railroad slightly closer than the town of Santa Clara to the project area. Thompson and West's 1876 Historical Atlas of Santa Clara County maps “Coffin Road” which conforms to approximate alignment of present-day Bowers Avenue. In addition, a road, conforming to the 1851-1866 GLO survey plat also appears to be shown parallel to a canal/ditch along the present-day alignment of channelized San Tomas Aquinas Creek (op cit.:24). The project on the west side of “SanJon or Campbell Cr.” was owned by S.J. Jameson [?] (100 acres) and L.A. Wilcox (61.51 acres). The east side of the creek was held by G.M. Brown (86 acres) and W.H. Lawrence (20 acres) and part of L.A. Wilcox’s property (61.51). Most of the acreage appears to have been planted with “Strawberries.” A farmstead appears to have been present within the W.H. Lawrence parcel north of Scott Boulevard adjacent to Octavius Drive. In addition, the southeasternmost portion of the project within the L.A. Wilcox property may have been occupied by two farmsteads although the map scale and lack of congruence with various landmarks prevent accurate mapping of these former building. 15

The USGS topographic quadrangle map series indicates notable changes in the study and project area. The 1899 USGS San Jose topographic quadrangle map shows roads in the general study area as well as the boundaries of “Ulistac” and the “Enright Tract” and Campbell Creek. The 1943 War Dept. topographic map is similar, but shows US Highway 101/Bayshore Highway north of the project and a road apparently along the present-day alignment of channelized San Tomas Aquinas Creek connecting US Highway 101/Bayshore Highway with Kifer Road (e.g., present-day Central Expressway south of the project). The 1961 USGS San Jose topographic map shows the road present in 1943 along the alignment of the channelized San Tomas Aquinas Creek. The project and immediate vicinity are in orchards. A single structure was located in the southeast corner of the southeasternmost parcel (Apartment Phase 1C). In addition a structure, apparently built between 1939 and 1961 was present on the east side of the former Saratoga Creek at the western boundary of the project between the current alignment of Augustine Drive and Scott Boulevard. By 1973 the orchards were no longer extant. Scott Boulevard had been built. The structures mapped on the 1961 USGS map were still present. By 1980, structures were no longer extant within the project and the streets had been reconfigured with the construction of Augustine Drive, Montgomery Drive, and Octavius Drive as well as Coronado Drive south of Scott Boulevard and building complexes characteristic of the expanding City of Santa Clara. With one exception all of the buildings present within the project had been constructed (USGS 1899 [surveyed 1895], 1961, 1973, 1980; US War Dept 1943 [photography 1939]; Google 2014).

5.4 ARCHAEOLOGICAL SENSITIVITY

Archaeological sensitivity zones are qualitative and based on the general presence and/or absence of Native American occupation sites, isolated prehistoric Native American artifacts and burials as well as historic archival and archaeological materials exposed during various construction projects. The project site is located northwest of the City of Santa Clara Archeologically Sensitive Boundaries (City of Santa Clara Planning Division (SC/PD) 1997) and the Boundaries of Identified Archaeological Sensitive Area (SC/PD 1999) and/or Architecturally or Historically Significant Properties in the City of Santa Clara 2010-2035 General Plan (SC/PD 2010:Table 8.9-1, Figures 8.9-1 and -2).

Geoarchaeological studies regarding the potential for buried archaeological sites are not specifically available for the general project area although some studies are available for the nearby Guadalupe River alignment (e.g., Meyer 2000). Research by Bergthold (1982) has noted a high density of prehistoric sites within 0.25 miles of flowing water sources in the Santa Clara Valley. The project site is within an alluvial plain away from the high sensitivity bay shore and marsh areas and the Guadalupe River is located approximately two miles east of the project. The former channel of Saratoga Creek is within the project site. However, the project site and surrounding area appear to have a low sensitivity for prehistoric archaeological resources based on the absence of late 19th and/or 20th century shell mound sites, “Indian Villages” and the absence of recorded and/or reported archaeological sites within 0.25 miles of the project site. No 16

prehistoric archaeological sites have been recorded within or immediately adjacent to the project site Historic archaeological resources from either the Hispanic and/or American periods have also not been reported for the project site.

This general absence of previously reported prehistoric and historic archaeological materials both within the project site and surrounding area could be due to the periodic flooding and scouring associated with the former Saratoga Creek and/or San Tomas Aquinas Creek prior to channelization and culverting. Both the archaeological and geoarchaeological data suggest a low potential for exposing subsurface archaeological materials within the project site during the proposed construction including excavation within potential utility right-of-way. This conclusion is based on the general absence of recorded prehistoric and historic archaeological sites within and/or adjacent to the project site; the location of the project site outside of the City’s recognized sensitive area for archaeological resources; the lack of any unexpected archaeological discoveries for the past 50+ years within or adjacent to the project site; and most importantly prior disturbance of the native sediments within the general project area by development activities since 1973 (including numerous utilities at depth). These factors strongly suggest a low potential for the discovery of significant subsurface archaeological materials during construction within the project.

6.0 PRE-FIELD IDENTIFICATION EFFORT

6.1 RECORD SEARCH RESULTS

No prehistoric, combined prehistoric/historic or historic sites have been recorded or reported in or adjacent the project or within 0.25 miles of the project site (Hagel 2014a-b; see Attachments).

6.2 COMPLIANCE REPORTS

The five archaeological reports on file at the CHRIS/NWIC that include or are adjacent to the project consist of linear studies. The reports include a trail along San Tomas Acquinas Creek (along the easternmost parcels north and south of Scott Boulevard), fiber optic projects, and recycled water pipelines. All are negative for archaeological and/or historical resources within and adjacent to the project.

Baker 1998/S-22570 - San Tomas Aquino/Saratoga Creek Trail Project adjacent to San Tomas Aquinas Creek, north and south of Scott Boulevard. Busby 1999/S-23105 - South Bay Water Recycling part along Augustine Drive, Montgomery Drive, and Scott Boulevard. Basin Research Associates 2000/S-24967 - RCN Fiber Optic Cable along Augustine Drive into all parcels and along Scott Boulevard. Holson et al. 2002/S-25173 - Level 3 Fiber Optics part along Scott Boulevard. Basin Research Associates 2009/S-37218 - South Bay Water Recycling (SBWR) Stimulus Projects Santa Clara Industrial 3A, part along Augustine Drive, Montgomery Drive (into the parcel) and along Scott Boulevard (to Coronado Drive). 17

One archaeological report not on file with the CHRIS/NWIC for a bike and pedestrian trail along San Tomas Aquino Creek was negative for archaeological resources along the southeastern boundary of the project site.

Busby 2006 - (Negative) Historic Property Survey Report (HPSR) with (Negative) Archaeological Survey Report (ASR) for San Tomas Aquino/Saratoga Creek Bike and Pedestrian Path (Reach 3), City of Santa Clara, Santa Clara County, California 04-SCL-City of Santa Clara, Project No. SCL 050010.

6.3 LISTED HISTORIC PROPERTIES

No listed local, state or federal historically or architecturally significant structures, landmarks or points of interest have been identified in or adjacent to the proposed project site.

7.0 INDIVIDUALS, GROUP AND AGENCY PARTICIPATION

The Native American Heritage Commission (NAHC) was contacted for a search of the Sacred Lands Inventory for the entire 33 acre Santa Clara Square: Residential/Mixed Use Parcels Project (Busby 2015a).

The NAHC record search was negative for Native American resources in or adjacent to the project location (Pilas-Treadway 2015). Letters soliciting additional information were sent to 11 Native American individuals/groups recommended by the NAHC (Busby 2015b-1) and telephone contact/email was initiated as follow-up.

Three individuals, Jakki Kehl, Irenne Zwierlein and Michelle Zimmer recommended either Native American monitoring or cultural sensitivity training. Andrew Galvan recommended the implementation of "proper measures" upon discovery and especially if Native American remains are exposed (i.e., contacting the County Coroner and Native American Heritage Commission and following the recommendations of the Most Likely Descendant (MLD) designated by the NAHC). Valentin Lopez responded that area was outside of his tribal territory. Six individuals did not respond [see Attachments].

No local historical societies, planning departments, etc. were contacted regarding landmarks, potential historic sites or structures in or adjacent to the project.

8.0 ARCHAEOLOGICAL FIELD INVENTORY

Dr. Colin I. Busby, Basin Research Associates, completed a review of the project site on March 9, 2015. The initial windshield survey of the project site and area adjacent was followed by a pedestrian survey of selected areas of the project site to check for exposed native soil. The built environment in and surrounding the APE consists of industrial/business parks with paved streets lined with introduced landscaping of evergreen, palm, oak, willow, and sycamore trees interspersed with areas of lawn, flowers, and shrubbery. Surface visibility was less then 5% due to the streets, paths, and sidewalks and landscaping. Exposed soils were light brown and culturally sterile. No native soils appeared to be present. No evidence of prehistoric or historically significant archaeological resources was observed within the project site. 18

9.0 FINDINGS

This CRAR was prepared to identify cultural resources which may be listed, determined or potentially eligible for inclusion on the California Register of Historical Resources (CRHR) within or immediately adjacent to the project site. The following findings apply:

 The project site is located northwest of the defined archaeologically sensitive zones within the City of Santa Clara as identified by the city (SCl/PD 1999).  The records searches completed by the CHRIS/NWIC were negative for recorded and/or reported resources in or adjacent to the proposed project site.  Five (5) archaeological reports on file with the CHRIS/NWIC include the project site and/or adjacent area.  No known ethnographic, traditional or contemporary Native American use areas and/or other features of cultural significance have been identified in or adjacent to the project site.  No known Hispanic Period expeditions, adobe dwellings, or other structures, features, etc. have been reported in or adjacent to the proposed project site.  No American Period archaeological sites have been recorded or reported in or adjacent to the project site.  No evidence of significant prehistoric or historically significant archaeological resources or potentially significant architectural resources was observed during the field review within the project site.  No listed, determined or pending CRHR have been identified in or adjacent to the project site.  No local, state or federal historically or architecturally significant structures, landmarks, or points of interest have been identified within or adjacent to the project site.  The project site is located in an area of low to low-moderate potential for both prehistoric and historic archaeological resources. Previous subsurface impacts associated with infrastructure improvements and development over the past 50 years appear to have reduced the potential for significant subsurface cultural resources.

10.0 CULTURAL RESOURCE IMPACTS AND MITIGATION MEASURES

No recorded archaeological resources are present within the project site. Two potential cultural resources impacts are identified. Two mitigation measures are recommended to mitigate to less- than-significant impacts associated with unexpected cultural resource discoveries, including Native American burials, during future ground-disturbing activities.

10.1 DEFINITION OF IMPACTS

The California Environmental Quality Act states that a project that may cause a substantial adverse change in the significance of a cultural resource may have a significant effect on the environment. Substantial adverse change in the significance of a cultural resource means 19

physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of the resource would be materially impaired. The significance of a cultural resource is materially impaired when a project:

Demolishes or materially alters in an adverse manner those physical characteristics of a cultural resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; or, Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of cultural resources pursuant to Public Resources Code Section 5020.1(k) or its identification in a cultural resources survey meeting the requirements of Public Resources Code 5024.1(g), unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or, Demolishes or materially alters in an adverse manner those physical characteristics of a cultural resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by a lead agency for purposes of the California Environmental Quality Act.

Impacts

The project could potentially affect as yet unknown prehistoric cultural resources within the project site. Potential impacts include:

Impact CR-1: The potential to cause a substantial adverse change in the significance of archeological resources. Construction operations could result in the inadvertent exposure of buried prehistoric or historic archaeological materials that could be eligible for inclusion on the California Register of Historical Resources (Public Resources Code Section 5024.1) and/or meet the definition of a unique archeological resource as defined in Section 21083.2 of the Public Resources Code. This significant impact would be reduced to a less-than-significant impact with implementation of Mitigation Measure CM-1 which requires the review, identification, evaluation and treatment of any significant archaeological finds by a Professional Archaeologist at the time of discovery. This measure will be implemented in accordance with state law and the City of Santa Clara 2010-2035 General Plan (Section 5.6.3 Archaeological and Cultural Resources Goals and Policies).

Impact CR-2: The potential to disturb any human remains, including those interred outside of formal cemeteries. Previously unknown Native American human remains could be exposed during ground disturbing construction operations associated with soil removal. Construction operations could result in the inadvertent exposure of buried prehistoric or protohistoric (ethnographic) Native American human remains. This significant impact would be reduced to a less-than-significant impact with implementation of Mitigation Measure CM-2 which requires that the treatment of human 20

remains and or associated or unassociated funerary objects during any soil-disturbing activity must comply with applicable state law. This measure will be implemented in accordance with the City of Santa Clara 2010-2035 General Plan (Section 5.6.3 Archaeological and Cultural Resources Goals and Policies).

10.2 MITIGATION MEASURES

The following mitigation measures shall be implemented in concert with the specific requirements of the City of Santa Clara 2010-2035 General Plan (Section 5.6.3 Archaeological and Cultural Resources Goals and Policies).

Mitigation Measure CM-1

(a) The project proponent shall note on any plans that require ground disturbing excavation that there is a potential for exposing buried cultural resources including prehistoric Native American burials. (b) The project proponent shall retain a Professional Archaeologist to provide pre- construction briefing(s) to supervisory personnel of any excavation contractor to alert them to the possibility of exposing significant prehistoric archaeological resources within the project area. The briefing shall discuss any archaeological objects that could be exposed, the need to stop excavation at the discovery, and the procedures to follow regarding discovery protection and notification of the project proponent and archaeological team. An "Alert Sheet" shall be posted in conspicuous locations at the project location to alert personnel to the procedures and protocols to follow for the discovery of potentially significant prehistoric archaeological resources. 2 (c) The project proponent shall retain a Professional Archaeologist on an “on-call” basis during ground disturbing construction for the project to review, identify and evaluate cultural resources that may be inadvertently exposed during construction. The archaeologist shall review and evaluate any discoveries to determine if they are historical resource(s) and/or unique archaeological resources under the California Environmental Quality Act. (d) If the Professional Archaeologist determines that any cultural resources exposed during construction constitute a historical resource and/or unique archaeological resource, he/she shall notify the project proponent and other appropriate parties of the evaluation and recommended mitigation measures to mitigate to a less-than

2. Significant prehistoric cultural resources may include: a. Human bone - either isolated or intact burials. b. Habitation (occupation or ceremonial structures as interpreted from rock rings/features, distinct ground depressions, differences in compaction (e.g., house floors). c. Artifacts including chipped stone objects such as projectile points and bifaces; groundstone artifacts such as manos, metates, mortars, pestles, grinding stones, pitted hammerstones; and, shell and bone artifacts including ornaments and beads. d. Various features and samples including hearths (fire-cracked rock; baked and vitrified clay), artifact caches, faunal and shellfish remains (which permit dietary reconstruction), distinctive changes in soil stratigraphy indicative of prehistoric activities. e. Isolated prehistoric artifacts. 21

significant impact in accordance with California Public Resources Code Section 15064.5. Mitigation measures may include avoidance, preservation in-place, recordation, additional archaeological testing and data recovery among other options. The completion of a formal Archaeological Monitoring Plan (AMP) may be recommended by the Project Archaeologist if significant archaeological deposits are exposed during ground disturbing construction. Development and implementation of the AMP will be determined by the City of Santa Clara. Treatment of any significant cultural resources shall be undertaken with the approval of the project proponent and the City of Santa Clara.

(e) A Monitoring Closure Report shall be filed with the City of Santa Clara at the conclusion of ground disturbing construction if archaeological and Native American monitoring of excavation was undertaken.

Mitigation Measure CM-2

The treatment of human remains and of associated or unassociated funerary objects discovered during any soil-disturbing activity within the project shall comply with applicable State laws. This shall include immediate notification of the Santa Clara County Medical Examiner and the City of Santa Clara.

In the event of the coroner's determination that the human remains are Native American, notification of the Native American Heritage Commission, is required who shall appoint a Most Likely Descendant (MLD) (Public Resources Code Section 5097.98).

The project sponsor, archaeological consultant, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of human remains and associated or unassociated funerary objects (CEQA Guidelines Section 15064.5(d)). The agreement should take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, curation, and final disposition of the human remains and associated or unassociated funerary objects. The California Public Resources Code allows 48 hours to reach agreement on these matters. If the MLD and the other parties do not agree on the reburial method, the project will follow Public Resources Code Section 5097.98(b) which states that ". . . the landowner or his or her authorized representative shall reinter the human remains and items associated with Native American burials with appropriate dignity on the property in a location not subject to further subsurface disturbance." 22

11.0 REFERENCES CITED AND CONSULTED

Allen, Rebecca (editor) 1999 Upgrade of the Guadalupe Parkway, San Jose. Historic Properties Treatment Plan. MS on file, S-22066, CHRIS/NWIC, Sonoma State University, Rohnert Park.

American Society of Civil Engineers, San Francisco (ASCE) 2015 List of Historic Civil Engineering Landmarks [263 listings; last modified January 23, 2015]. accessed 2/06/2015.

American Society of Civil Engineers, San Francisco (ASCE/SF) 1977 Historic Civil Engineering Landmarks of San Francisco and Northern California. The History and Heritage Committee, San Francisco Section, American Society of Civil Engineers. Pacific Gas and Electric Company.

Anonymous 1866 Plat of Santa Clara. Compiled from Official Survey. Made April 1866. In Thompson and West 1876 Historical Atlas of Santa Clara County, California, p. 43. Thompson and West, San Francisco (reprinted Smith and McKay, San Jose, 1973). [Garcia 1997:126, ca. 1873-1875.]

Arbuckle, Clyde and Ralph Rambo 1968 Santa Clara County Ranchos (cartography and illustrations by Ralph Rambo). The Rosicrucian Press, Ltd., San Jose.

Atwater, B.F., E.J. Helley, and C.W. Hedel 1977 Late Quaternary Depositional History, Holocene Sea Level Changes and Vertical Crustal Movement, Southern San Francisco Bay, California. U.S. Geological Survey Professional Paper 1014.

Baker, Suzanne 1998 Archaeological Survey, San Tomas Aquino/Saratoga Creek Trail Project, Santa Clara County. MS on file, S-22570, CHRIS/NWIC, Sonoma State University Rohnert Park.

Basin Research Associates, Inc. 2000 Cultural Resources Review (Positive) Proposed RCN Fiber Optic Cable Program City of Santa Clara, Santa Clara County. MS on file, S-24967, CHRIS/NWIC, Sonoma State University, Rohnert Park. 2009 Historic Property Survey Report/Finding of Effect [HPSR/FOE] South Bay Water Recycling (SBWR) Stimulus Projects Santa Clara Industrial 3A, City of Santa Clara, Santa Clara County. MS on file, S-37218, CHRIS/NWIC, Sonoma State University, Rohnert Park. 23

Bean, Lowell John (compiler and editor) 1994 The Ohlone Past and Present: Native Americans of the San Francisco Bay Region. Ballena Press Anthropological Papers 42, Menlo Park.

Beardsley, R.K. 1948 Cultural Sequences in Central California Archaeology. American Antiquity 14:1-29.

1954 Temporal and Areal Relationships in Central California Archaeology. University of California Survey Reports 24 and 25.

Beck, W.A. and Y.D. Haase 1974 Historical Atlas of California (Third printing, 1977). University of Oklahoma Press, Norman.

Bennyhoff, James A. and Richard E. Hughes 1987 Shell Bead and Ornament Exchange Networks between California and the Western Great Basin. Anthropological Papers of the American Museum of Natural History Vol. 64 (Part 2).

Bergthold, J.C. 1982 Prehistoric Settlement and Trade Models in the Santa Clara Valley, California. Unpublished M.A. Thesis, Department of Anthropology, San Francisco State University.

Bolton, H.E. (editor) 1926 Historical Memoirs of New California: Fray Francisco Palou, O.F.M. University of California Press, Berkeley (cited in King and Hickman 1973 and Hickman 1974/S-4391).

Bowen, J.J. 1866 Map of the Town and Sub-Lots of Santa Clara, Santa Clara County, California. Surveyed by J.J. Bowen, County Surveyor, July 1866. In Santa Clara from Mission to Municipality by L. Garcia, 1997, p. 97.

Broek, J.O.M. 1932 The Santa Clara Valley, California: A Study in Landscape Changes. N.V.A. Osthoek's Utig. Maatij., Utrecht.

Brown, Alan K. 1994 The European Contact of 1772 and some later Documentation. In The Ohlone Past and Present: Native Americans of the San Francisco Bay Region, pp. 1- 42, compiled and edited by Lowell John Bean. Ballena Press Anthropological Papers 42, Menlo Park.

Busby, Colin I. (Basin Research Associates, San Leandro) 1999 Historic Properties Affected or Potentially Affected by the South Bay Water Recycling Program "Package 1" Segments SC 1, SC 3, SC 5, M 2, M 3, M 4, 24

M 5 and SJ/C 1, Cities of Milpitas, San Jose, Santa Clara, and Sunnyvale, Santa Clara County [California - California Environmental Quality Act (CEQA) Addendum]. MS on file, S-23105, CHRIS/NWIC, Sonoma State University, Rohnert Park. 2006 [Negative] Historic Property Survey Report (HPSR) with [Negative] Archaeological Survey Report (ASR) San Tomas Aquino/Saratoga Creek Bike and Pedestrian Path [REACH 3], City of Santa Clara, Santa Clara County, California 04-SCL-City of Santa Clara No Kilometer or Post Miles Project No. SCL 050010. On file, Basin Research Associates, San Leandro. 2014a Archaeological Literature and Archival Search for Phases 2 and 3, Santa Clara Square, Bowers Avenue and Augustine Drive, City of Santa Clara, Santa Clara County. Dated February 12, 2014. On file, Basin Research Associates, San Leandro. 2014b Property 1 (APN 216-045-038; Augustine Drive) - Archaeological Literature and Archival Search and Review Santa Clara Square, Office Phase II Property Line Adjustment, City of Santa Clara, Santa Clara County. On file, Basin Research Associates, San Leandro. 2014c Property 2 (APN 216-045-025; Octavius Drive) - Archaeological Literature and Archival Search and Review - Santa Clara Square Office Phase III Property Line Adjustment, City of Santa Clara, Santa Clara County. On file, Basin Research Associates, San Leandro. 2014d Letter to Ms. Cynthia Gomez, Executive Secretary, Native American Heritage Commission (NAHC), Sacramento. Regarding: Request for Review of Sacred Lands Inventory – 3230, 3236 and 3250 [3240] Scott Boulevard and 3200 and 3130 Coronado Drive, City of Santa Clara, Santa Clara County. Dated October 1, 2014. 2014e Archaeological Literature/Archival Search and Review Assessment of Two Parcels, - 3200 and 3130 Coronado Drive, City of Santa Clara [Santa Clara Square Project, Santa Clara County]. On file, Basin Research Associates, San Leandro. 2014f Archaeological Literature/Archival Search and Review Assessment of Three Parcels, 3230, 3236 and 3240 Scott Boulevard, City of Santa Clara [Santa Clara Square Project, Santa Clara County]. Dated October 30, 2014. On file, Basin Research Associates, San Leandro. 2015a Letter to Ms. . Cynthia Gomez, Executive Secretary, Native American Heritage Commission (NAHC), Sacramento. Regarding: Request for Review of Sacred Lands Inventory – Santa Clara Square: Residential/Mixed Use Parcels Project, City of Santa Clara, Santa Clara County. Dated February 4, 2015. 2015b-l Letters to Jakki Kehl, Patterson; Katherine Erolinda Perez, Linden; Linda G. Yamane, Seaside; Valentin Lopez, Amah Mutsun Tribal Band, Galt; Edward Ketchum, Amah Mutsun Tribal Band, Davis; Irenne Zwierlein, Amah/Mutsun Tribal Band of Mission San Juan Bautista, Woodside; Michelle Zimmer, Amah 25

Mutsun Tribal Band of Mission San Juan Bautista, Woodside; Ann Marie Sayers, Indian Canyon Mutsun Band of Costanoan, Hollister; Rosemary Cambra, Muwekma Ohlone Tribe of the SF Bay Area, Milpitas; Andrew Galvan, The Ohlone Indian Tribe, Fremont; Ramona Garibay, Representative, Trina Marine Ruano Family, Union City. Regarding: Request for Information Santa Clara Square: Residential/Mixed Use Parcels Project, City of Santa Clara, Santa Clara County. Dated March 17, 2015.

California (State of), Department of Parks and Recreation, Office of Historic Preservation (CAL/OHP) 1973 The California History Plan. Volume One - Comprehensive Preservation Program. Volume Two - Inventory of Historic Features. 1976 California Inventory of Historic Resources. 1988 Five Views: An Ethnic Sites Survey for California. 1990 California Historical Landmarks. 1992 California Points of Historical Interest. May 1, 1992. 2001a California Environmental Quality Act (CEQA) and Historical Resources. Technical Assistance Series 1. 2001b California State Law and Historic Preservation: Statutes, Regulations and Administrative Policies Regarding Historic Preservation and Protection of Cultural and Historical Resources. Technical Assistance Series 10. 2012a Directory of Properties in the Historic Property Data file for Santa Clara County (includes National Register of Historic Places status codes, California Historical Landmarks and California Points of Historical Interest listings, etc.). Dated 4/05/2012 [most recent as of 11/05/2014.] 2012b Archeological Determinations of Eligibility for Santa Clara County. Dated 4/05/2012 [most recent as of 11/05/2014.] 2015 California Historical Resources – Santa Clara County [including National Register, State Landmark, California Register, and Point of Interest]. accessed 2/06/2015.

Cartier, Robert (editor) (Archeological Resource Management) (ARM) 1979 The Archaeological Resources of the Wade Ranch. MS on file, E-694/S-4805, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Cartier, Robert and Lynne Eckert (Archaeological Resource Management) 1996 Guadalupe Flood Control EIR/EIS Version 5 Archaeological and Historical Resources [City of San Jose, Santa Clara County]. MS on file, S-25039, CHRIS/NWIC, Sonoma State University, Rohnert Park. 26

Cook, S.F. 1957 The Aboriginal Population of Alameda and Contra Costa Counties, California. University of California Anthropological Records 16(4).

Davis, James T. 1961 Trade Routes and Economic Exchange Among the Indians of California. University of California Archaeological Survey Reports 54.

Duval, Charlene 1999 Potential Cultural Resource Key for the Fiber Optic Alignment in the Cities of San Jose and Santa Clara, County of Santa Clara. MS in the possession of the author and Basin Research Associates, San Leandro.

Elsasser, A.B. 1978 Development of Regional Prehistoric Cultures. In California, edited by R.F. Heizer, Volume 8. Handbook of North American Indians, W.G. Sturtevant, general editor, pp. 37-57. Smithsonian Institution, Washington, D.C. 1986 Review of the Prehistory of the Santa Clara Valley Region, California. Coyote Press Archives of California Prehistory 7, Part I. Coyote Press, Salinas.

Fentress, M. 1979 Geological and Ecological Perspective at CA-SCl-300 and CA-SCl-302. In R. Cartier (editor), The Archaeological Resources of the Wade Ranch. MS on file, S-4805, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Fredrickson, D.A. 1994 Spatial and Cultural Units in Central California Archaeology. In Toward a New Taxonomic Framework for Central California Archaeology: Essays by James A. Bennyhoff and David A. Fredrickson, edited by Richard E. Hughes, pp. 25-47. Contributions of the University of California Archaeological Research Facility, No. 52.

Freeman, J.E. and J. Reed 1857-1866 Plat of the Rancho Ulistac. Finally confirmed to heirs of Jacob D. Hoppe. Surveyed by J.E. Freeman, Dep. Surv. August 1857 and by John Reed, Dep. Surv. April 1866. Map on file, #143, California State Office, Bureau of Land Management, Sacramento.

Galvan, P.M. 1967/1968 People of the West: The Ohlone Story. Indian Historian 1(2):9-13.

Garcia, Lorie 1997 Santa Clara from Mission to Municipality. Santa Clara University Research Manuscript Series on the Cultural and Natural History of Santa Clara No. 8. 27

Google Earth 2014 Aerial view of Santa Clara Square, City of Santa Clara, Santa Clara County project area and vicinity. Web accessed 2/2014.

Hagel, Lisa C. (CHRIS/NWIC staff) 2014a Records Search for Santa Clara Square [City of Santa Clara, Santa Clara County]. CHRIS/NWIC File No 13-1113. Dated February 4, 2014. 2014b Records Search for SCSQ3 [Santa Clara Square, City of Santa Clara, Santa Clara County]. CHRIS/NWIC File No 14-0433. Dated November 05, 2014.

Harrington, J.P. 1942 Culture Element Distributions: XIX Central California Coast. University of California Anthropological Records 7(1).

Hart, J.D. 1987 A Companion to California (New edition, revised and expanded). University of California Press, Berkeley.

Healey, C.T. 1866 Official Map of the County of Santa Clara. Surveyed and Compiled by Charles T. Healey, Ex-County Surveyor. A. Gensoul, San Francisco, and printed by Britton and Co., San Francisco.

Healy, Charles T. [sic] 1859 Plat of the Rancho Posolmi finally confirmed to Lopez Iñigo [Vñigo?], et. al. Surveyed under instructions from the U.S. Surveyor General by Chas. T. Healy, Dep[upty] Sur[veyo]r. September 1859. Map on file, #145, Bureau of Land Management, Sacramento.

Hendry, G.W. and J.N. Bowman 1940 The Spanish and Mexican Adobe and Other Buildings in the Nine San Francisco Bay Counties, 1776 to about 1850. On file, Bancroft Library, University of California, Berkeley.

Hickman, Patricia P. 1974 An Archeological Survey of a Portion of Saratoga Creek, Santa Clara County, California. MS on file, S-4391, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Holman & Associates 2007 Archaeological Literature Review for Augustine-Bowers Office Park. As cited in City of Santa Clara Augustine-Bowers Office Park, Draft Environmental Impact Statement. Dated December 2007. On file, City of Santa Clara. 28

Holson, John, Cordelia Sutch and Stephanie Pau (Pacific Legacy) with William Self Associates 2002 Cultural Resources Report for San Jose Local Loops, Level 3 Fiber Optics Project in Santa Clara and Alameda Counties, California. MS on file, S- 25173, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Hoover, M.B., H.E. Rensch and E.G. Rensch 1966 Historic Spots in California (Third edition). Revised by William N. Abeloe. Stanford University Press, Stanford.

Hughes, Richard E. (editor) 1994 Toward a New Taxonomic Framework for Central California Archaeology: Essays by James A. Bennyhoff and David A. Fredrickson. Contributions of the University of California Archaeological Research Facility 52.

Hylkema, Mark (Caltrans District 4, Office of Environmental Planning, South) 2002 Tidal Marsh, Oak Woodlands, and Cultural Florescence in the Southern San Francisco Bay Region. In Catalysts to Complexity: Late Holocene Societies of the California Coast, edited by J.M. Erlandson and T.L. Jones, Perspectives in California Archaeology 6:233-262.

Hylkema, Mark G. with Thad M. Van Bueren (Caltrans District 4) 1995 Archaeological Investigations at the Third Location of Mission Santa Clara de Asis: The Murguia Mission, 1781-181 (CA-SCl-30/H). Caltrans District 4, Environmental Planning, South, Oakland, California. Distributed by Coyote Press, Salinas. MS on file, S-17891, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Irvine Company (Milpitas, CA) Background Information. 2013 Santa Clara Square Master Community Plan Development Area Plan 1 City of Santa Clara, Santa Clara County. On file, Basin Research Associates, San Leandro. 2014 Five (5) Parcels, Santa Clara Square Project, Project Location #1 - 3200 and 3130 Coronado Drive and Project Location #2 - 3230, 3236 and 3240 Scott Boulevard, City of Santa Clara, Santa Clara County. On file, Basin Research Associates, San Leandro. 2015 Santa Clara Square: Residential/Mixed Use Parcels, City of Santa Clara, Santa Clara County. On file, Basin Research Associates, San Leandro.

James, W.F. and G.H. McMurry 1933 History of San Jose, California, Narrative and Biographical. A.H. Cawston, San Jose.

Johnson, Helen, Greg White and Mark Hylkema 1999 Chapter 3. Prehistoric Context. In Upgrade of the Guadalupe Parkway, San Jose. Historic Properties Treatment Plan, by Allen, et al. pp. 29-45. MS on file, S-22066, CHRIS/NWIC, Sonoma State University, Rohnert Park. 29

Jones, Terry L. and Kathryn A. Klar (editors) 2007 California Prehistory: Colonization, Culture, and Complexity. Altamira Press, a division of Rowman & Littlefield Publishers, Inc., New York with the Society for California Archaeology.

King, Chester D. 1974 Modern Santa Clara Ethno-Geography. In Archaeological Element Environmental Impact Report on the San Felipe Water Distribution System, edited by T.F. King and G. Berg, Appendix I. MS on file, E-108/S-4248, CHRIS/NWIC, Sonoma State University, Rohnert Park. 1977 Matalan Ethnohistory. In Final Report of Archaeological Test Excavations of Freeway 04-SCl-101, Post Mile 17.2/29.4, Cochrane Road to Ford Road, edited by S.A. Dietz. MS on file, S-4395, CHRIS/NWIC, Sonoma State University, Rohnert Park. 1978a Protohistoric and Historic Archaeology. In California, edited by R.F. Heizer, Volume 8. Handbook of North American Indians, W.G. Sturtevant, general editor, pp. 58-68. Smithsonian Institution, Washington, D.C. 1978b Historic Indian Settlements in the Vicinity of the Holiday Inn Site. In Archaeological Investigations at CA-SCl-128, the Holiday Inn Site, edited by J.C. Winter. MS on file, E-756/S-5281, CHRIS/NWIC, Sonoma State University, Rohnert Park. 1994 Central Ohlone Ethnohistory. In The Ohlone Past and Present: Native Americans of the San Francisco Bay Region, pp. 203-228, compiled and edited by Lowell John Bean. Ballena Press Anthropological Papers 42, Menlo Park.

King, T.F. and P.P. Hickman 1973 Archaeological Impact Evaluation: San Felipe Division, Central Valley Project. Part I The Southern Santa Clara Valley, California: A General Plan for Archaeology. MS on file, S-5222, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Kroeber, A.L. 1925 Handbook of the Indians of California. Bureau of American Ethnology Bulletin 78. Government Printing Office, Washington, D.C.

Kyle, D.E. 1990 Historic Spots in California (Fourth edition of Hoover, M.B., H.E. Rensch and E.G. Rensch). Stanford University Press, Stanford. Levy, R. 1978 Costanoan. In California, edited by R.F. Heizer, Volume 8. Handbook of North American Indians, W.G. Sturtevant, general editor, pp. 485-497. Smithsonian Institution, Washington, D.C. 30

Lillard, J.B., Robert F. Heizer and Franklin Fenenga 1939 An Introduction to the Archaeology of Central California. Sacramento Junior College, Department of Anthropology, Bulletin 2.

Loud, L.L. 1912 Indian Mounds Vicinity of Mountain View [as "Mr. Loud's special map made 1912" on Nelson ca. 1912 map]. MS Map, University of California Archaeological Facility, Berkeley (In Baker and Shoup 1991:Map 6/S-12468).

Margolin, Malcom 1978 The Ohlone Way: Indian Life in the San Francisco - Monterey Bay Area. Heyday Books, Berkeley.

Mayfield, D.W. 1978 Ecology of the Pre-Spanish San Francisco Bay Area. Unpublished M.A. Thesis, San Francisco State University. 1980 Ecology of a Discovered Land. Pacific Discovery 33(5):12-22.

Mayfield, D.W., M. Buss, and J.C. Bingham 1981 Archaeological Survey Report for an Improvement/Realignment of Route 82 in the City of Santa Clara, Santa Clara County 04-SCl-82 P.M. 9.9/12.4 04220 - 151141 - 3FEIS. MS on file, S-4952, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Meyer, Jack (Anthropological Studies Center, Sonoma State University Academic Foundation) 2000 A Geoarchaeological Study of the Guadalupe Parkway Corridor, State Route 87, San Jose, Santa Clara County, California. MS on file, S-23575, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Milliken, Randall 1991 An Ethnohistory of the Indian People of the San Francisco Bay Area from 1770 to 1810. Ph.D. dissertation, Department of Anthropology, University of California, Berkeley. 1995 A Time of Little Choice: The Disintegration of Tribal Culture in the San Francisco Bay Area 1769-1810. Ballena Press Anthropological Papers No. 43. 2006 The Central California Ethnographic Community Distribution Model, Version 2.0, with Special Attention to the San Francisco Bay Area. Cultural Resources Inventory of Caltrans District 4 Rural Conventional Highways. Submitted to Caltrans District 4, Oakland. Contract No. 447600 EA No. 04A2098. MS on file, S-32596, CHRIS/NWIC, Sonoma State University, Rohnert Park.

Milliken, Randall T. and James A. Bennyhoff 1993 Temporal Changes in Beads as Prehistoric California Grave Goods. In The Grows a Green Tree: Papers in Honor of David A. Fredrickson, edited by Greg White, Pat Mikkelsen, William R. Hildebrandt and Mark E. Basgall, pp. 381- 395. Center for Archaeological Research at Davis, Publication 11. 31

Milliken, Randall, Richard T. Fitzgerald, Mark G. Hylkema, Randy Groza, Thomas Origer, David G. Bieling, Alan Leventhal, Randy S. Wiberg, Andrew Gottsfield, Donna Gillette, Viviana Bellefemine, Eric Strother, Robert Cartier, and David A. Fredrickson 2007 Chapter 8. Punctuated Change in San Francisco Bay Area [Prehistory]. In California Prehistory: Colonization, Culture, and Complexity, edited by Terry L. Jones and Kathryn A. Klar, pp. 99-123. Altamira Press, a division of Rowman & Littlefield Publishers, Inc., New York with the Society for California Archaeology.

Moratto, M.J. 1984 California Archaeology. Academic Press, New York.

Munro-Fraser, J. 1881 History of Santa Clara County, California: Including its Geography, Geology, Topography, Climatopography and Description. Alley, Bowen and Co., San Francisco.

Nelson, Nels C. 1909 Shellmounds of the San Francisco Bay Region. University of California Publications in American Archaeology and Ethnology 7(4). ca. 1912 "Site location map for Nelson's San Francisco Bay region (ca. 1910)." Map of San Francisco Bay Region showing Distribution of Shell Heaps and numbered to correspond with transcribed field notes [with Nelson Numbers]." Manuscript Map #35, University of California Archaeological Survey Files (as cited in Reports of the University of California Archaeological Survey 75:83) [University of California Museum of Anthropology Manuscript Map, No. 13- 1065].

Pace, P. (compiler and editor) 1975 Santa Clara County Heritage Resource Inventory. Santa Clara County Historical Heritage Commission, San Jose.

Patera, E.L. (editor) 1991 H.E. Salley Post Offices 1849-1990 (Second edition). The Depot, n.p. (Salley, H.E. and E.L. Patera, researchers).

Pilas-Treadway, Debbie (Native American Heritage Commission) (NAHC) 2014 Letter to Mr. Colin I. Busby, Basin Research Associates, San Leandro, CA. Regarding: [Response to Request for Review of Sacred Lands Inventory], – 3230, 3236 and 3250 [3240] Scott Boulevard and 3200 and 3130 Coronado Drive, City of Santa Clara, Santa Clara County. Dated October 27, 2014. 2015 Letter to Mr. Colin [I. Busby], Basin Research Associates, San Leandro, CA. Regarding: [Response to Request for Review of Sacred Lands Inventory], – Santa Clara Square: Residential/Mixed Use Parcel [Parcels] Project, City of Santa Clara, Santa Clara County. Dated March 11, 2015. 32

San Jose Mercury 1896 Sunshine, Fruit, and Flowers. San Jose Mercury Souvenir. San Jose Mercury, San Jose.

Santa Clara (City of), Planning and Inspection Department, Planning Division (SC/PD) 1997 City of Santa Clara Archeologically Sensitive Boundaries. Dated July 31, 1997. 1999 Boundaries of Identified Archaeological Sensitive Area. Revised April 15, 1999. 1991/2009 City of Santa Clara Architecturally or Historically Significant Properties as Adopted by City Council April 30, 1991 and subsequently amended (revised 07/13/2009) [City of Santa Clara Planning and Inspection Department.]. 2007 Map. City of Santa Clara, California. General Plan - Land Use Element. General Plan Amendment, March 6, 2007. 2002/2008 General Plan, City of Santa Clara, California 2000-2010. Amendments through April 10, 2008 http://santaclaraca.gov/pdf/collateral/3081-generalplan- Chapter5. Archeological Resources in Chapter Five - Environmental Quality Element. 2008 Augustine-Bowers Office Park, Draft Environmental Impact Report. Dated December 2008. On file, City of Santa Clara. 2009 Augustine-Bowers Office Park, Final Environmental Impact Report. Dated April 2009. On file, City of Santa Clara. 2010 City of Santa Clara 2010-2035 General Plan [including 8.9 Historic Preservation and Resource Inventory with Table 8.9-1 Architecturally or Historically Significant Properties and Figure 8.9-1 Architecturally Significant & Historic Places and Figures 8.9-2 with details of Agnew Village and Old Quad Area]. Adopted November 16, 2010.

Santa Clara County Historical Heritage Commission (SClCoHHC) 1979 Santa Clara County Heritage Resource Inventory. Santa Clara County Historical Heritage Commission, San Jose. 1999 Santa Clara County Heritage Resource Inventory. Santa Clara County Historical Heritage Commission, San Jose.

Sawyer, E.T. 1922 A History of Santa Clara County, California. Historic Record Company, Los Angeles.

Shoup, Laurence H. and Randall T. Milliken 1999 Inigo [sic] of Rancho Posolmi: The Life and Times of a Mission Indian. Ballena Press Anthropological Papers No. 47 (Note earlier 1995 report MS on file, S-17851, CHRIS/NWIC, Sonoma State University, Rohnert Park). 33

Skowronek, Russell K. and Julie C. Wizorek 1997 Archaeology at Santa Clara de Asis: The Slow Rediscovery of a Moveable Mission. Pacific Coast Archaeological Society Quarterly 33(3):54-92.

Sowers, Janet M. and Stephen C. Thompson 2005 Creek & Watershed Map of Milpitas & North San Jose. The Oakland Museum of California, Oakland. 1:25,800 scale.

Spearman, Arthur Dunning, S.J. 1963 The Five Franciscan Churches of Mission Santa Clara, 1777-1825. The National Press, Palo Alto.

Thompson and West 1876 Historical Atlas of Santa Clara County, California. Thompson and West, San Francisco (reprinted Smith and McKay, San Jose, 1973).

United States Department of Agriculture Soil Conservation Service with the California Agricultural Experiment Station (USDA) 1958 Santa Clara Area, California Soil Survey. Series 1941, No. 17. United States Department of Agriculture Soil Conservation Service in cooperation with the California Agricultural Experiment Station.

United States Department of the Interior, Bureau of Land Management (US/BLM) [GLO or General Land Office] 1851-1866 Survey Plat. Township No. 6 South, Range No. 1 West, Mount Diablo Meridian.

United States Department of Interior Geological Survey (USGS) 1899 San Jose, Calif. [Quadrangle]. Topographic map, 15-minute series (surveyed in 1895, printed 1909). 1961 San Jose West, Calif. [Quadrangle]. Topographic map, 15-minute series. 1973 Milpitas, Calif. [Quadrangle]. Topographic map, 7.5-minute series (1961, 1968 and 1973 photorevised). 1980 Milpitas, Calif. [Quadrangle]. Topographic map, 7.5' minute series (1961 photorevised). 1980 San Jose West, Calif. [Quadrangle]. Topographic map, 7.5' minute series (1961 photorevised).

United States Department of the Interior, National Park Service (USNPS) 1995 Map Supplement for the Comprehensive Management and Use Plan Juan Bautista de Anza National Historic Trail Arizona California. Pacific Great Basin Support Office, National Park Service. [San Francisco]. 34

United States War Department, Corps of Engineers, United States Army (US War Dept) 1943 San Jose, Calif. [Quadrangle]. Topographic map, 15-minute series. United States Geological Survey, Menlo Park (aerial photography 1939, topography 1942).

Whitney, J.D. 1873 Map of the Region Adjacent to the Bay of Bay Francisco. State Geological Survey of California, n.p. Facsimile provided by S.A. Guedon, Basin Research Associates, San Leandro.

Witter, Robert C., Keith L. Knudsen, Janet M. Sowers, Carl M. Wentworth, Richard D. Koehler, and Carolyn E. Randolph 2006 Maps of Quaternary Deposits and Liquefaction Susceptibility in the Central San Francisco Bay Region, California. U.S. Geological Survey Open-File Report 2006-1037 (Online Version 1.1). Menlo Park.

Wyatt, R.D. and C. Arbuckle 1948 Historic Names, Persons and Places in Santa Clara County. San Jose Chamber of Commerce and California Pioneers of Santa Clara Co.

Abbreviations n.d. no date v.d. various dates N.P. no publisher noted n.p. no place of publisher noted

The abbreviated phrase "CHRIS/NWIC, Sonoma State University, Rohnert Park" is used for material on file at the California Historical Resources Information System, Northwest Information Center, California State University Sonoma, Rohnert Park.

ATTACHMENTS

FIGURES

FIGURE 1 General Project Location FIGURE 2 Project Location (USGS Milpitas, Calif. 1980 and San Jose West, Calif. 1980) FIGURE 3 Aerial View of Project Area (Google Earth)

FIGURE 4 Santa Clara Square Existing Conditions (3/2/2015)

FIGURE 5 Project Area - Quaternary Deposits (USGS Milpitas, Calif. 1980 and San Jose West, Calif. 1980; Witter et al. 2006)

CORRESPONDENCE

LETTER REQUEST TO NATIVE AMERICAN HERITAGE COMMISSION LETTER NATIVE AMERICAN HERITAGE COMMISSION RESPONSE LETTERS REQUEST TO NATIVE AMERICANS IDENTIFIED BY NATIVE AMERICAN HERITAGE COMMISSION MEMO RECORD OF NATIVE AMERICAN CONTACTS

CHRIS/NWIC SEARCH RESULTS (No Confidential Information Included)

SEARCH 1 File No. 13-1113 dated 2/04/2014

SEARCH 2 File No. 14-0433 dated 11/05/2014 Sonoma Napa Solano §80 ¨¦ ¨¦§680 Sacramento ¤£101

Marin 4 ¨¦§80 UV

UV24 Contra Costa San Joaquin

San Francisco ¨¦§680 580 ¨¦§ ¨¦§580 Alameda

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Project Location

San Mateo UV85

Santa Clara

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UV156 Monterey Sources: USGS, ESRI, TANA, ¤£AND,101 Copyright:© 2009 ESRI Figure 1: General Project Location Project Location

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Copyright:© 2011 National Geographic Society, i-cubed 5/19/15 Figure 2: Project Location (USGS Milpitas, Calif. 1980 and San Jose West, Calif. 1980) Project Area 5/19/15 Figure 3: Aerial View of Project Area 5/19/15 Figure 4 H2O

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Qhff Alluvial fan deposits, fine facies ac Qhl Alluvial fan levee deposits

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Record of Native American Contacts

Proposed Santa Clara Square: Residential/Mixed Use Parcel Project, City of Santa Clara, Santa Clara County.

2/4/15 Letter to Ms. Cynthia Gomez, Executive Secretary, Native American Heritage Commission (NAHC), Sacramento. Regarding: Request for Review of Sacred Lands Inventory for project. 3/11/15 Letter response by Debbie Pilas-Treadway, NAHC 3/17/15 Letters sent to all parties recommended by NAHC Letters to Jakki Kehl, Patterson; Katherine E. Perez, Linden; Linda G. Yamane, Seaside; Valentin Lopez, Chairperson, Amah Mutsun Tribal Band, Galt; Edward Ketchum, Amah Mutsun Tribal Band, Davis; Irenne Zwierlein, Amah Mutsun Tribal Band of Mission San Juan Bautista, Woodside; Michelle Zimmer Amah/Mutsun Tribal Band, Amah Mutsun Tribal Band of Mission San Juan Bautista, Woodside; Ann Marie Sayers, Chairperson, Indian Canyon Mutsun Band of Costanoan, Hollister; Rosemary Cambra, Chairperson, Muwekma Ohlone Indian Tribe of the SF Bay Area, Milpitas; Andrew Galvan, The Ohlone Indian Tribe, Mission San Jose; and Ramona Garibay, Representative, Trina Marine Ruano Family, Lathrop. 4/1/15 Telephone calls and/or emails made by Basin Research Associates (Christopher Canzonieri) in the afternoon to non-responding parties. Jakki Kehl – 2:41 PM; recommends archaeological monitoring, based on the sensitivity of the area and proximity of creeks. If anything is found she recommends that a Native American be consultant. Ms. Kehl would like to be kept in the loop about the project. [email protected] Katherine Perez – 3:06 PM; left a detailed message Linda G. Yamane – 3:08 PM; left a detailed message Valentin Lopez –3:10 PM; outside of his tribal territory Edward Ketchum – emailed the document at 3:12 PM; no phone number Irenne Zwierlein – called at 3:14 PM; spoke with Ms. Zwierlein. Ms. Zwierlein recommends that all crew receive cultural sensitivity training and that the archaeologists have experience with Northern and Central California archaeology. Any Native American monitors must be qualified and trained. Ms. Zwierlein also spoke on her daughter’s behalf (see below). Michelle Zimmer – see Irenne Zwierlein response Ann Marie Sayers – called at 3:24 PM; left a detailed message Rosemary Cambra – called at 3:26 PM; unable to leave a message Andrew Galvan – called at 3:28 PM; per previously discussed conversation, Andrew has no immediate concerns, but recommends that if something is encountered the proper measures should be implemented (i.e., contact County Coroner and Native American Heritage Commission if Native American remains are exposed and follow recommendations). Ramona Garibay – called at 3:31 PM; left a detailed message.

NWIC File No. 13-1113 (2/4/2014)

Current Project 1/4 mile search area

NWIC File No. 14-0433 (11/5/2014)

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Copyright:© 2013 National Geographic Society, i-cubed CHRIS/NWIC Record Search Areas (USGS Milpitas, Calif. 1980 and San Jose West, Calif. 1980)

Date: 4 February 2014 NWIC File No.: 13-1113

To: Donna Garaventa, Basin Research Associates, Inc., 1933 Davis Street, Suite 210, San Leandro, CA 94577

From: Lisa Hagel re: Santa Clara Square

Milpitas 7.5’

Resources In None

Resources within 0.25-mile None radius

Reports In S-23105, 25173, 22570, 37218, & 18367. Enclosed are database printouts for the reports, a copy of S-18367, and the mapped study locations.

Other Reports Nineteen reports are classified as “Other Reports” (reports with little or no field work, missing maps, or inadequate locational information) that include your search area: S-5260, 32596, 33600, 18290, 21166, 16394, 19068, 8554, 7483, 20395, 18217, 848, 9462, 9583, 24967, 17852, 26045, 13200, & 1784. The electronic report maps does not depict study areas for these reports because their shapes are either not representable or would be shown at a very large scale (e.g. all of Santa Clara County). In addition, you have not been charged the digitized shape fee for these study areas. Enclosed is a database list of the reports.

OHP HPD Copied the indices for Santa Clara.

OHP ADOE n/a

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S-037218

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S-023105 5

2

S

2 - 0

SAN JOSE WEST 7.5' S-025173 S-023105 S-023105 S-037218 Northwest Information Center File #13-1113, 4 February 2014, L. Hagel May depict confidential cultural resource locations. Do not distribute.

Feet 0 280 560 840 1,120

0 50 100 150 200 250 Meters ￿￿