CONSERVATION CORNER JULY/AUGUST 2019

Audubon Advocacy Day in Sacramento

By Shani Kleinhaus

On May 7th, Shani, Lauren, and Dash travelled to Sacramento to join Audubon Advocacy Day and meet with California Senators and Assemblymembers to advocate for several state legislative efforts. The champion of the event was Assemblymember Ash Kalra, who was our ally on creeks and birds when he was a San Jose City Council Member, and continues to support birds and open space as a California legislator. Ash introduced two Bills: AB454 and AB948

AB454 - (Migratory Birds: California Migratory Bird Protection Act) focuses on recovery of the Federal Migratory Bird Treaty Act in California. The Trump administration has limited the interpretation of this law to intentional killing of migratory birds, and

took away the protection to all nesting birds that can be impacted by various projects - from tree removal to buildings and even oil field development. AB454 allows the state to regulate migratory bird and nesting bird protections independently of federal law.

Closer to home, Assemblymember Kalra offered AB948 - Coyote Valley Conservation Program. AB 948 would establish the Coyote Valley Conservation Program (CVCP) to further the state’s efforts to protect Coyote Valley in recognition of the Valley’s unique natural resource benefits that are of statewide significance. The Santa Clara Valley Open Space Authority would develop and administer the program to conserve and restore this vital natural resource.

SCVAS recognizes Coyote Valley as a unique treasure in Santa Clara County. Over 200 species of local and migratory birds have been observed here as they seek sustenance and protection in agricultural fields, oak savannas, creek corridors and wetlands. Coyote Valley’s natural resources provide climate and natural infrastructure benefits, including flood attenuation, groundwater recharge, and carbon sequestration from natural and working lands.

Coyote Valley has long been under the threat of development that contradicts the state’s policies and goals to reduce vehicle miles traveled, greenhouse gas emissions, protect wildlife habitat and connectivity, employ natural infrastructure to provide resilience to climate change, and sustain agriculture. We thank Assemblymember Ash Kalra for his strong support of our values and mission, and for helping us elevate the importance of birds and nature in Sacramento.

THE CITY OF SAN JOSE STRENGTHENS BIRD SAFE DESIGN STANDARDS AND GUIDELINES FOR THE DOWNTOWN AREA

It seems that every day, a new tower pops up in downtown San Jose. Development along the Guadalupe River and Los Gatos Creek is expected to intensify as Google comes to the Diridon area. Growth is accelerating and the hazards to migratory birds are increasing. In May, after months of negotiations, San Jose City Council unanimously approved Mandatory Bird Safe Design Standards and additional voluntary Guidelines as part of the Downtown San Jose Design Guidelines. The standards and guidelines are strongest within 300 feet of the creeks, but some protections apply to all new buildings in the downtown areas. So now, the areas where most development occurs - North San Jose and the Downtown creek corridors - are protected with bird safe design requirements! We are especially thankful to Planning Commissioners John Leyba and Michelle Yesney and to Councilmember Raul Peralez and Mayor Sam Liccardo for their encouragement and stewardship of this achievement.

SANTA CLARA COUNTY BOARD OF SUPERVISORS ADDED LANGUAGE PROTECTING STREAMS AND RIPARIAN CORRIDORS TO ITS ENVIRONMENTAL STEWARDSHIP GOALS.

SCVAS joined other environmental organizations asking the Santa Clara County Board of Supervisors to adopt language protecting riparian corridors. On May 21st, the Santa Clara County Board of Supervisors amended the County’s goals for Environmental Stewardship, adding language to “develop educational programs and volunteer service opportunities that promote local stewardship of streams and riparian corridors.” The Supervisors also added language to “develop programs of ecologically compatible receational use of streams and riparian corridors.” The County will seek out potential partnerships and meet the appropriate requirements towards these ends, including staffing and mandating changes within the parks and recreation department. We thank Supervisor Susan Ellenberg for her initiative on this important issue..

SCVAS COMMENTED ON THE COYOTE CANYON NATURAL RESOURCES MANAGEMENT PLAN & INTERIM ACCESS PLAN DRAFT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND), ASKING FOR A FULL ENVIRONMENTAL IMPACT REPORT (EIR).

Several years ago, SCVAS advocated against Coyote Highlands - a cluster housing development of twenty homes on the hillside east of Morgan Hill. The property was never developed and was later sold to Santa Clara County Parks for 25 million dollars. Now, County Parks looks to develop trails and to open the property (now named Coyote Canyon) to the public. On May 20, SCVAS and the Sierra Club submitted comments on environmental documents (IS/MND) in which we identified many key areas where the documents did not properly identify potential environmental impacts on Coyote Canyon. Current plans involve cattle grazing and fence construction that would impede wildlife movement and degrade the quality of waterways and wetland habitat. Given that the existing document is insufficient, we asked for a full Environmental Impact Report to properly analyze the impacts of the proposed plan.

Conservation Corner May/June 2019

By Shani Kleinhaus

Boston Properties Almaden Project: In San Jose, a block-long, 16+-story glass building of over 1.5 million square feet is proposed at the edge of the Guadalupe River. The proposed design includes bird safety measures but as proposed, it encroaches into the riparian corridor in a site where the river boasts a healthy native riparian forest. We are greatly concerned, and will engage and provide comments on the Draft Environmental Impact Report.

In San Jose, we continue to advocate for the preservation of Coyote Valley as open space and habitat.

• • With other advocates, we helped direct an energy storage project from the valley floor to a more appropriate location in an existing warehouse in San Jose. The project should allow the retirement of the Metcalf Gas Power Station.

• • We endorsed and promoted Measure T, which included the possibility of allocating $50 million to a pool of funds that would purchase land in Coyote Valley. We continue to advocate with the City to allocate the full $50 million for this purpose.  

The City of Mountain View rejected Google’s suggested plans for the Shorebird Area of North Bayshore. Google asked the City to allow the transfer of office development from the area close to Highway 101 to the area of Shorebird Way, and to allow the building of a dense, mixed-use neighborhood there. As part of this development, Google offered to remove five buildings to regenerate ten acres of habitat between the Egret Rookery and Charleston Marsh (Retention Basin), and to build an environmental education center. We hope future plans for the area retain the removal of buildings and restoration of habitat in wetlands and open space.

In opposition to Cargill’s proposed filling of the Redwood City salt ponds, SCVAS joined San Mateo County Supervisor, Dave Pine, and a growing number of organizations and political leaders, stating:

“We oppose development on the Redwood City salt ponds, because we don’t build on San Francisco Bay. 

Cargill Salt and luxury home developer DMB have colluded with the Trump Administration to weaken Clean Water Act protections for San Francisco Bay. They are again proposing to build on Bay salt ponds where massive public opposition stopped their 12,000-home project in 2012.

New housing on the Redwood City salt ponds would put people at risk from rising seas, destroy habitat for fish and wildlife, lack an adequate water supply, and worsen traffic. To combat climate change and create more resilient and equitable communities, the Bay Area needs more affordable housing near transit hubs and city centers, not on Bay wetlands.

Redwood City Mayor Ian Bain has said publicly that he does not want to see the salt ponds re-zoned for housing and prefers to see Cargill donate or sell the land for wetlands restoration.

We urge Redwood City to reject proposals for development on the salt ponds, and restore them as wetlands for Bay Area residents and future generations.” 

Stanford University is currently negotiating its growth plans with the County of Santa Clara to determine what Stanford should be required to do to mitigate the impacts of that growth. SCVAS has been advocating for bird-safe design and responsible lighting policies, as well as for the extension of existing protections (requirement for super-majority vote) for the open space in the Stanford Foothills. 

The calls for protection of open space brought County staff to recommend a 99-year extension of the super majority protections. SCVAS continues to follow the process to ensure that staff recommendations are implemented and the hills west of Junipero Serra Boulevard remain undeveloped.

Environmental Action Committee (EAC) Volunteer, Dashiell Leeds, has focused on the issue of light pollution and has encouraged responsible lighting in Santa Clara Valley cities. Dashiell has also engaged in the efforts to demand responsible planning for an iconic structure in Arena Green Park, on the confluence of the Guadalupe River and Los Gatos Creek in San Jose. Dashiell provides:

• We are happy to report that the Light Tower Corporation has stated that the iconic structure will NOT be a light tower. They are moving forward with an international design competition for a structure, with guidelines provided by environmental consultant, HT Harvey, and with a jury that includes a representative that local environmental groups (including SCVAS) selected for this position. SCVAS will continue to monitor this project as it goes forward to make sure that these sensitive riparian and aquatic habitats are protected.  

• We continue our advocacy for bird-safe design and responsible lighting (Dark Sky and Lights-out programs) in San Jose, Sunnyvale, Cupertino and Mountain View. Sunnyvale voted to prioritize the study of their LED lighting systems and to create a Bird-Safe Design/Dark Sky Ordinance. Similar policies are set to appear before the City Councils of Cupertino and Mountain View for work-priority voting. 

EAC Volunteer, Eileen McLaughlin, has been following developments near Alviso. Eileen provides:

• As traffic clogs Bay Area roads, many agencies are looking for a public transportation solution. In Alviso, two rail solutions are moving forward: The Altamont Corridor Express (ACE) which brings commuters from the southern part of the Central Valley, and the Capitol Corridor Joint Powers Authority (CCJPA) that looks to connect the northern part of the state to San Jose. The Capitol Corridor plans are in the early stages of a study that will analyze rail alternatives to anticipate sea level rise and an increase in the future number of passengers. We are concerned because alternatives for both rail projects cut through the middle of the Don Edwards San Francisco Bay National Wildlife Refuge. Together, the rail projects will bring 34 round-trip trains through the wetlands each day, and there will be additional freight trains at night. We raised a concern about wildlife “dead” zones near the tracks.

  Construction of the first sea level rise levee on the San Francisco Bay is beginning in Alviso. The Corps of Engineers will be stockpiling truckloads of soil to build Phase 1 of the new levee. That levee will replace and elevate the trail that is near the entrance of Alviso Marina County Park, running toward and along lands of the Don Edwards National Wildlife Refuge and parallel to the railroad. The project is expected to protect Alviso and to allow habitat restoration of former salt ponds on the Refuge to proceed.

With volunteer Anne Parsons, we have been working to reduce Pacific Newt mortality on Alma Bridge Road. In response to our advocacy efforts, the County of Santa Clara placed signs along the road, while they are exploring additional solutions.

Newt Crossing Signs along Alma Bridge Road

Conservation Corner March/April 2019

By Shani Kleinhaus, Environmental Advocate

Light Tower Corporation Plans for Arena Green Park

In our most recent Avocet, we discussed the ubiquitous impacts of light pollution on all living things, and our concern over the prospect of a monumental lighted structure in a San Jose park. The Light Tower Corporation initially proposed to resurrect the San Jose Light Tower (1881-1915) as an iconic tourist attraction. Wikipedia tells us that the tower was possibly the world’s tallest free-standing iron structure at the time. It was so bright it cast distinct shadows a mile away, and impacts to wildlife were evident. Local police even sold birds that collided with the tower to restaurants. In May of 1900, the tower reportedly attracted a swarm of beetles, which were pursued by insectivorous birds; birds and beetles were electrocuted, causing stray cats to mob the base of the tower. Disruption of reproductive rhythms in birds were also reported by local farmers.

SCVAS has effectively protested the plans to resurrect the Light Tower. Recently, the San Jose Light Tower Corporation decided to focus instead on an iconic structure at Arena Green Park (part of Guadalupe River Park). An international design competition will be conducted to select the structure. We remain concerned, since Arena Green is where Guadalupe River and Los Gatos Creek converge - an ecologically sensitive site where Steelhead Trout migrate, beavers are occasionally observed, and dozens of species of birds nest or migrate. We are also concerned by the use of parkland to support a large, lit structure. City Council is tentatively scheduled to approve the site selection (Arena Green) and the process for the design competition on March 12. San Jose residents, please sign up with Advocate@scvas.org for updates!

Dark Sky Policy

As our cities transition to LED lighting, light pollution and sky glow are increasing throughout our landscape. LED lights are excellent in saving energy, and are thus important in efforts to reduce emissions. However, we must also consider their impact on light pollution. SCVAS is asking the cities of Sunnyvale and Mountain View to review their policies and operations with the goal of reducing light pollution and implementing dark-sky policies and practices. Mountain View and Sunnyvale residents, please sign up with Advocate@scvas.org for updates!

Loggerhead Shrike by Sergey Pavlov

Coyote Valley

In January, our volunteers joined in with hundreds of people gathered in front of San Jose City Hall to Rally for Coyote Valley prior to the City Council discussion of Coyote Valley. At stake is the allocation of up to $50 million in Measure T funding for the purchase of land in Coyote Valley - land that can conserve agriculture and open space, and provide critically important habitat for birds and wildlife. Staff presentation to the City Council clearly favored industrial development in the valley, but it seems that pro-development arguments are starting to shift from the quest to develop the entire valley to more of a compromise. We believe that the undeveloped land in Coyote Valley should remain open space, and will continue to advocate towards the preservation of this important land.

Sally Jewell, former U.S. Secretary of the Interior, in a letter to San Jose City Council, January 22, 2019: “As you study the future of your region and sharpen the vision you would like to make a reality, I encourage you to shape your policies and investments to preserve irreplaceable natural spaces, not only for today, but for the health and wellbeing of the people and critters for generations to come.”

Migrating Newts Killed by Traffic

We love birds, but sometimes we aim to protect migration routes for other species. In Coyote Valley, it’s terrestrial mammals. In the Santa Cruz Mountains: Pacific and Rough-skinned Newts. In recent years, thousands of newts have been killed by traffic on Alma Bridge Road east of Lexington Reservoir as they migrate between the hills and breeding ponds. Our Environmental Advocacy group is working to raise awareness in the hope that solutions will be found to minimize this carnage.

Conservation Corner January/February 2019

By Shani Kleinhaus, Environmental Advocate

In the November-December issue of The Avocet, we described the options evaluated by the City of Palo Alto for the Emily Renzel Wetlands and ITT property in the Palo Alto Baylands. We are glad to report that the “Preferred Alternative” recommended by the Parks and Recreation Department looks to remove derelict infrastructure and fully restore the site to wetlands and habitat, while allowing access on the perimeter. SCVAS submitted a letter to the California Restoration Authority Governing Board in support of the allocation of Measure AA funding for the Renzel Marsh Restoration and Enhancement Project. Stay tuned as this process continues through City, public, and permitting processes, and looks to integrate into the Comprehensive Conservation Plan for the Palo Alto Baylands.

Measure T in San Jose wins, what next? SCVAS endorsed Measure T, the Disaster Preparedness, Public Safety and Infrastructure Bond aimed at reducing stormwater pollution of creeks and the bay, preserving open space in Coyote Valley, and repairing streets to increase San Jose’s resilience. In November 2018, San Jose voters approved the bond, which included $50 million for flood protection provided by Coyote Valley. On January 22, the San Jose City Council is bringing the future of the valley to a special study session to discuss the allocation of funding for the purchase of land in Coyote Valley. Please join us for a Rally for Coyote Valley on January 22 at noon outside of the San Jose City Hall (contact advocate@scvas.org to sign up). We need your help to show City Council there is broad public support for the protection of Coyote Valley.

Coyote Valley by Merav Vonshak

Coyote Highlands becomes Coyote Canyon - In 2012, SCVAS fought the Coyote Highlands Cluster Subdivision, a luxury home development proposed on the last undeveloped hillside east of Morgan Hill. This site contains three creeks and is important for nesting raptors, including Golden Eagles. We were able to convince the County Supervisors to require a wildlife-friendly perimeter fence to allow the property’s bountiful wildlife to thrive. In 2015, the property was acquired by Santa Clara County Parks, and thus became permanently protected. Now, the County Parks and Recreation Department looks to open the site (renamed Coyote Canyon) to the public. The County is working on a Natural Resources Management Plan which currently includes multi-use trails, as well as grazing, and fencing that is not wildlife-friendly. We have expressed concerns and will continue to advocate for fencing that allows wildlife access to drinking water and escape routes from fire. Please join us at the County Parks Commission meeting on the evening of February 6, 2019 (contact advocate@scvas.org to sign up).

We are also following: Google’s plans for North Bayshore (Mountain View) and the Diridon Area (San Jose); wildlife-friendly fencing in Los Gatos, the Light Tower Project in San Jose, Sargent Ranch sand quarry proposal in South County, Stanford expansion and General Use Permit, and much, much more.