Conservation Corner Winter 2021

Shani Kleinhaus
Environmental Advocate

Coyote Valley, Matthew Dodder

Advocacy efforts and campaigns take a very long time, and several of our 2020 engagements are nearing significant milestones or are expected to conclude this winter. We are currently looking for volunteers to help us advocate for birds and nature in our communities. To learn more about volunteering, please contact shani@scvas.org.

Bird-Safe Design & Dark Skies

Collisions with glass windows, building facades and other structural elements cost the lives of hundreds of thousands of birds every year. Artificial light at night exacerbates this problem. To help reduce collisions, we continue to advocate in Cupertino for Bird-Safe Design and Dark Sky ordinances. We hope that by the time the Winter Avocet is published, these ordinances will be adopted by the Cupertino City Council. Similarly in San Jose, we hope that the v will provide strong protections for birds. Hopefully, we will have good news to share at the close of the year.

Coyote Valley

Our decades-long efforts to protect the entire 7400-acre Coyote Valley are moving forwards as the City of San Jose explores protections from urbanization and sprawl as part of the Envision San José 2040 General Plan four-year review. In this process, the City has incorporated many of our suggested Amendments to the General Plan. If adopted by Council, the amendments will:

Coyote Valley, Matthew Dodder

• Reallocate all 35,000 planned jobs from North Coyote to other areas in San José. North Coyote Valley will no longer be considered an Employment Lands Growth Area in the General Plan

• Change the land use designations of the 937 acres in North Coyote that were purchased earlier this year for preservation from Industrial Park to Open Space, Parklands and Habitat

• Change the land use designations of other undeveloped properties in North Coyote Valley from Industrial Park to Agriculture (with the exception of Gavilan College Coyote Valley Center)

• Explore a credits program to support further conservation actions in Coyote Valley and facilitate development in urbanized areas of San Jose

• Create a new Coyote Valley Agriculture Overlay that increases the minimum lot size from 20 acres to 40 acres on some agricultural properties

•  and more...

If these recommendations are adopted by Council, natural and working lands will be protected, and the Open Space Authority can start working on long-term restoration of wildlife (including bird) habitat and on regenerative agriculture in the valley.

Creekside Trails

Stevens Creek, Matthew Dodder

Riparian ecosystems are some of the rarest habitat types in North America and are also some of the most critical for wildlife. About 80% of all animals use riparian resources and habitats at some life stage, and more than 50% of breeding birds nest chiefly in riparian habitats. Because they provide connectivity between habitats and across elevational zones, the importance of riparian ecosystems as movement linkages is critically important to wildlife populations, and their importance is expected to increase with time to allow species to respond and adapt to climate change.

Studies show that human activity in riparian areas, including walking and biking on trails, has a negative effect on local wildlife and on bird nesting activity. And as the human population in Santa Clara Valley has increased, the demand for recreation and commuter trails has increased as well. Creekside trails have become ubiquitous, and planning continues for creekside trails on almost every river or tributary in the County.

We all love access to nature, and we use trails that provide access for observing and photographing birds. But we must also consider that our desire for recreational access to creeks and open spaces can fragment wildlife habitat and stress the diminishing quantity and quality of resources that bird and wildlife populations require for subsistence and reproduction. And while some trails leave space for wildlife to roam, others have fragmented habitat and restricted wildlife movement.

SCVAS and several other environmental organizations have been advocating with the County, cities and Valley Water for a long time. We asked Valley Water to provide focal areas for access, rather than paved multi-use trails that run along the creeks. We hear that Valley Water is working on policy, and hope it protects the most sensitive areas from human intrusion.

Almaden Office Project

In San Jose, we follow several projects along the Guadalupe River and Los Gatos Creek. We submitted elaborate comments on the Draft Environmental Impact Report (DEIR) for the Almaden Office Project on the bank of the Guadalupe River, across the river from the Children’s Discovery Museum. The project proposes two 16-story towers (283 feet tall) connected by a 4-story building. A 3-level underground garage is also proposed. This development is proposed with zero setback from the Guadalupe River corridor.

Rivers and streams meander. Natural processes remove sediment from one side of the river, and deposit it on the other, creating erosion and meanders. The Almaden Office Project is situated on a bend where Guadalupe River flows are already cutting into the bank. Development this close to the river will eventually require expensive erosion control. Sooner or later, it will mandate the fortification of the creek banks at a great expense to the healthy riparian forest at the site and to taxpayers.

The meandering nature of streams and the importance of riparian corridors to our birds, fish and other wildlife is the reason why SCVAS and advocates focused on stream setback for decades. It is why, in the past decade, San Jose adopted a Creek Corridor Policy and joined as a partner in the Habitat Conservation Plan. These policies require a minimum 100-foot setback of development from major waterways. Yet the DEIR finds significant cumulative harm to biological resources of the river. The conflict with the requirements of the Habitat Conservation Plan is another significant unavoidable impact.

SCVAS will continue following the approval process for this project and advocate with Council members asking them to deny the project when it comes in front of them for decision. If this project moves ahead as proposed, decades of advocacy for waterways and riparian corridors will take a huge step back.

Good News for Open Space

Finally, we are extremely pleased that Measure T passed. The funds will allow the Santa Clara Valley Open Space Authority to continue working to acquire, protect and restore natural and working lands in some of the loveliest areas of our County.

Conservation Corner Fall 2020

Shani Kleinhaus
Environmental Advocate

Advocacy During the Pandemic

San Jose at Night, Keith Wandry

Fall is a busy time for our Environmental Advocacy program, especially during election years. This year, the Environmental Action Committee is reviewing and evaluating several local ballot measures and state propositions, considering whether SCVAS should endorse, oppose, or remain neutral.

SCVAS has already endorsed one ballot measure for the November 2020 elections: The Open Space Authority extension of a $24/year parcel tax in perpetuity. The Open Space Authority has excelled in its protection of public lands, especially in Coyote Valley. We hope that their work on restoring wetlands and habitat in the valley can continue, uninterrupted, for the near and the long-term future. The funds will allow the Authority continue its work to:

• Preserve our region’s natural heritage by protecting scenic hillsides, open spaces, wildlife, redwood forests, and farmland

• Increase public access to open space and help maintain Authority preserves and trails and expand trail connections among local and regional parks

• Protect our water supplies and reduce pollution and toxins by preserving land around creeks, rivers, and streams

• Provide easy access to open space through urban open spaces and environmental education programs

Please stay tuned and check our October Avocet Online Newsletter for additional Ballot Measure endorsements and recommendations.

As we continue to advocate on projects and planning
efforts throughout our county, we often question whether
the pandemic has changed anything at all in the way our political system and government agencies plan for the future. Thus far, planning efforts have not slowed down, and even accelerated. Here are some of the ongoing projects we continue to work on, and some new ones:

Light Pollution and Our Birds

Light pollution has a strong impact on biological function. In birds, it interferes with innate behaviors such as breeding, migration and song. We continue to advocate for reducing light pollution as part of our work in Cupertino and in San Jose. In Cupertino we are following the progress of the Bird- Safe & Dark Sky ordinances. The City Council is expected to discuss the proposed ordinances on September 15 and we hope you can zoom in and encourage Cupertino to adopt strong ordinances to protect birds, habitat, and human health.

In San Jose, we provided input for better City-wide Design Guidelines. We are also advocating against an amendment to the Sign Ordinance. This proposed amendment will promote the proliferation of electronic billboards along freeways, and allow other types of programmable electronic signs in the city. The new signs will provide no economic benefits to the City of San Jose or local businesses, and only benefit the advertising industry and a few property owners along the freeways.

If you are a San Jose resident, please contact your Council member's office and ask your representative to put an end to this initiative. The more they hear from the voters in their districts, the better. Please contact advocate@scvas.org for additional information or directions.

No Slowdown in Planned Projects

The City of Sunnyvale is currently in the process of updating the Moffett Park Specific Plan. The plan area of Moffett Park covers 1,156 acres of industrial land and borders a sensitive wetland habitat along the San Francisco Bay. The intent of the plan is to greatly increase density and create a 24-hour mixed use district with office and housing and amenities for residents. Impacts on our Bay ecosystems and the birds that depend on them could potentially be substantial. If you are

a Sunnyvale resident, please tell your City Council (as well as candidates for office) that the Specific Plan must protect and expand wetlands and bird habitats along waterways and the Bay. For more information, see

Lockheed Ponds in Sunnyvale, Shani Kleinhaus

https://www.moffettparksp.com

In Morgan Hill, we commented on a Draft Environmental Impact report for an industrial development that offered inadequate mitigation for impacts to nesting birds, and
would risk polluting the local aquifer on Coyote Valley and/
or the Llagas aquifer. We also submitted a comment letter
on the Draft Environmental Impact Report for the High Speed Rail segment between San Jose and Merced. The report dismisses what we consider unsurpassable and permanent harm to a wide range of animal and bird species including critically endangered species. If built as proposed and with no additional mitigations to the ones currently proposed, High Speed Rail could devastate our regional fauna.

“We continue to advocate with
the San Jose General Plan Update task force to change the designations of all public land in Coyote Valley from Industrial to Habitat
and Open space.”

With a large constellation of tribal and environmental groups, we continue to advocate with the San Jose General Plan Update task force to change the designations of all public land in Coyote Valley from Industrial to Habitat and Open space. For the privately owned lands in the valley, we seek Agriculture designation that should help avert development into the future. We sent a letter of support for State law (Senate Bill 940) that would clarify conflicts and facilitate protection of Coyote Valley from future housing development and sprawl.

Update on Our Newts

We have not given up on the Newts of Alma Bridge Road. Over 11,000 Pacific newts have been killed on Alma Bridge Roadin just over 2 years. The newts have a lifespan of 14 years, and we believe that this extremely high mortality rate over time will affect our local population negatively. In Southern California, the California Newt has been listed as a species of special concern where similar conversion of land to human uses has resulted in habitat degradation and massive roadkill. We believe the same may be happening here. But even if the impacts to the population were found to be less than terminal to the local population, we should be doing all we can to reduce this carnage.

To try and advance solutions, we have been working with several local agencies to support a UC Davis grant application to the California Wildlife Conservation Board for Prop 68 funding. The funds would be used for the planning and design of raised roadway in two “hot spot” locations of Alma Bridge Road to provide safe undercrossing for Newt migration to and from Lexington Reservoir.

And One More Thing...

In July, we joined Audubon California and more than 100 environmental groups throughout the state in opposition to Assembly Bill 3279. This bill would have significantly undermined environmental, environmental justice, and other public interest petitioners’ access to the courts and therefore access to justice. We are pleased that our joint efforts were successful, and the Bill was amended. 

Say’s Phoebe, Bill Walker

Our local birds need your help...

Environmental Action Campaign

Despite the pandemic, city planning projects have not slowed. The full calendar of council meetings and environmental issues under debate have made our advocacy work even more urgent for birds and their habitats. With your help, SCVAS can remain deeply involved with the welfare of our wildlife and work with local city councils to make our voices heard. Here is a small sample of our recent work:

Bird-safe Design and Dark Sky

• We are leading advocacy for bird-safe design guidelines and standards for Santa Clara Valley cities. Substantial progress has been made in San Jose, Cupertino, Mountain View, Palo Alto, and Campbell.

• We are promoting Dark Sky ordinances in Cupertino and Sunnyvale, and actively opposing the proliferation of electronic billboards in San Jose.

Creek Corridors

• We are working to protect and improve creek corridors—supporting projects that restore creek ecosystems along Permanente Creek and the Sunnyvale West Channel, and opposing projects that choke the creeks, particularly along the Guadalupe River.

Open Space

• Our current engagement with the Moffett Park Specific Plan in Sunnyvale is already bearing fruit as the Vision and Guiding Principles show ecologically focused urban design. We continue to advocate for the protection and expansion of protected open space and wetlands by the bay.

• Decades of advocacy culminated in the historic campaign to protect Coyote Valley, which resulted in the preservation of 937 acres of prime bird habitat and a key wildlife corridor in San Jose. We are excited about the preservation of freshwater wetlands and habitat for Burrowing Owls and Tricolored Blackbirds.

Animals

• In Mountain View, we motivated the city to remove the spiked barriers that prevent Swallows from nesting on structures at Shoreline. We are now advocating for an expanded buffer zone around the island of the Sailing Lake to protect Black Skimmer and Forster’s Tern nests.

• We are working to reduce roadkill and improve wildlife crossing for amphibians and other small animals to and from water features, including at Lexington Reservoir and Valley Water infrastructure.

The increasing threats

Relentless development pressure continues in Santa Clara County, affecting all our important bird habitats: hills and valleys, creeks and wetlands, and remaining open space along the bay. You can help stop the fragmentation of irreplaceable habitat and the proliferation of structures that are dangerous to birds.

An urgent need

What we need most are financial resources to effectively resist the onslaught of destructive development proposals. These activities take time and perseverance. We need increased financial resources to fund the crucial research and presentations to city councils and other governing bodies that are necessary to promote and protect our birds and environment.

Please consider giving to our Environmental Action campaign today. By contributing, you will be helping protect our birds. You can make Audubon's voice be heard.

Thank you for your continued support!

Burrowing Owl. Photo by Barry Langdon-Lassagne

Black Skimmer. Photo by Bill Walker

Laguna Seca OSP in North Coyote Valley. Photo by Matthew Dodder

Tricolored Blackbird. Photo by Tom Grey

Action Alert: San Jose Electronic Billboards

Dear San Jose Friends and Residents,

The City of San Jose proposes an amendment to the Sign Ordinance which will expand the locations available for electronic signs in the City (Phase II). The proposed change offers no economic benefits to the City of San Jose and comes at a great financial cost to the City. It will allow the proliferation of lighted digital advertisement in the City, with potentially dozens of freeway facing, free standing, energy wasting, driver distracting and hazardous to wildlife electronic billboards. It will also allow electronic signage on buildings and structures in some areas of Downtown San Jose.

And please call your city council member and express your opposition to electronic billboards. You can find their contact information HERE.

Here are some facts, questions and talking points:

• There is no economic benefit to the City. Why is this a priority at all?

• Science shows clear causation between electronic signs and distracted driving. - Why risk more accidents and put people's lives at risk with freeway facing Electronic Signs?

• Artificial light at night interferes with the internal clocks of all living things, disrupting hormones and physiological functions. It can increase health risks, including cancer (see link HERE) The City should not promote changes that increase the health risks of its citizens.

• The City is proposing the expansion of allowable signage lighting hours throughout the night. Most migratory birds fly long-distances at night, and alight to rest from their journeys during the hours just before dawn. The City should not interfere with the amazing phenomenon of bird migration.

• Highway 87 and I280 have been classified as “scenic highways” and are free of billboards at this time. Why abandon this policy?

• How will this impact the Lick Observatory? How will YOU be able to see Comet Neowise through the City Glow?

• City staff has said that electronic signs will replace regular billboards at a rate of 4:1 and that this would improve the aesthetics of San Jose. Do you agree that glaring lights at night improve the quality of life in San Jose? The City could find a better way to remove blight. What would this process set in motion? What will happen when these electronic signs become blight? Will they be replaced with even brighter signs?

• Proponents say that this change will create a legal path for this type of signage. They argue that these signs appear anyway, and Code Enforcement is weak. Does it make sense to legitimize hazards rather than strengthen code enforcement? Is permitting 90+ electronic signs the best solution? Will code enforcement be able to correct neighborhood complaints about the brightness of the lights?

• Proponents say they will study impacts to wildlife. There is already a large body of research detailing ways that light pollution harms birds, plants and animals. So many populations of flora and fauna are in decline. The City should not cause further unnecessary harm.

• Digital billboards are tracking you (see link HERE). The most intrusive aspect of the web is expanding into our daily lives, targeting us with political and commercial ads.

Please email or call your City council member and ask San Jose to stop this runaway process, and to focus on the critically important health, social and environmental issues that our society is struggling with. Please ask them to SHELVE THIS PROJECT.

Much appreciated,

Shani Kleinhaus
Environmental Advocate
Santa Clara Valley Audubon Society