Conservation Corner Fall 2021

Shani Kleinhaus, Environmental Advocate
Giulianna Pendleton, Advocacy Assistant

Welcome Our New EA Assistant!

Our newest staff person, Giulianna Pendleton, joined us in May. A Los Gatos native, she has supported advocacy efforts on bird safe design measures, light pollution, native plant restoration, land use and development, and riparian setbacks.

Since graduating from Gonzaga University in Spring 2020, I have explored areas of environmental advocacy: working on a political campaign in Alaska, volunteering with climate change and sustainability focused groups, and volunteering in my own town of Los Gatos. I realized I wanted to focus my time and energy ensuring rights for nature and enhancing environmental protections for wildlife. I feel so lucky to work with SCVAS as the Environmental Advocacy Assistant. Through Shani’s guidance and mentorship, I am learning how to research and understand land use and development plans, advocate for birds and their habitat, and communicate our SCVAS positions to various audiences. Giulianna

Light & Bird Safety

Artificial light at night attracts migratory birds, diverting them away from healthy habitats and migration routes to inhospitable urban areas where food is scarce, and collision risks are high. We are engaged with the Los Gatos General Plan Update, the San Jose Parks and Recreation Services, the Santa Clara County Library District, private developers, and others.

One major focus has been the proposed Breeze of Innovation light tower in Arena Green Park, San Jose. As an SCVAS member, you have most likely seen our alerts and action updates for this 200-foot tall light tower to be placed in a sensitive riparian corridor.

This has been a major advocacy learning opportunity for me. I have been able to help with campaign website content development, help develop an online petition, give presentations to local groups, and speak at public meetings. We are committed to heightening our advocacy efforts to save this unique riparian habitat and community gathering place in San Jose. Giulianna

Please check out nolighttower.org, the new campaign website, and sign the petition to say “No Thanks” to this preposterous “gift” of light pollution.

Advocating for dark sky initiatives and bird safe design in my hometown of Los Gatos brings with it an emotional commitment to protecting the natural area and wildlife that I hope to still exist in the next ten, twenty, thirty years. I have been able to connect with Council members, review and draft policy regarding the General Plan update, and engage with local advocacy groups. I look forward to continuing our advocacy efforts as the General Plan advances to the Planning Commission and Town Council this fall. Giulianna

Quarries in Cupertino

The Lehigh Quarry and Cement Plant (under various names and ownerships) has been mining Permanente Ridge for decades. In the process, Lehigh accumulated multiple citations for polluting the water of Permanente Creek with heavy metals. Dust and truck traffic continue to plague Cupertino residents. Visitor experience at Rancho San Antonio Preserve has been degraded. The strongest restriction that is currently imposed on the Lehigh Quarry is the County’s 1972 Ridgeline Protection Easement to the District. This is an important tool for protecting the Permanente ridgeline, this biodiversity hotspot, and Rancho San Antonio.

In 2019, Lehigh Quarry applied to the County for permission to allow mining of additional limestone, modify the easement agreement, and haul unprocessed aggregate to the adjacent Stevens Creek Quarry. With other groups and residents, we successfully advocated with the County to advance Supervisors’ Joe Simitian and Otto Lee memo that reinforced the Ridgeline Protection Easement by initiating discussions with the Midpeninsula Regional Open Space District regarding joint enforcement responsibility. In addition, we are supportive of the County recommendation to deny the corporation’s request to allow processing of Lehigh-mined aggregate at Stevens Creek Quarry. Hopefully our advocacy efforts will be successful and the Santa Clara County Planning Commission will affirm the staff recommendation to deny the zoning interpretation application.

Update 8/23/21: On August 17th, the County Board of Supervisors voted unanimously to join in creative partnership with Midpeninsula Regional Open Space District to initiate joint enforcement responsibility for the Ridgeline Protection Easement. This is a big success for open space protection!

Update 8/30/21: On August 26th, the County Planning Commission voted unanimously to deny the corporation’s request to allow processing of Lehigh-mined aggregate at Stevens Creek Quarry, affirming the staff recommendation.

Tideline Ferry Protest

Tideline Marine Group, a private commercial ferry operator, filed an application with the California Utilities Commission seeking approval for unlimited Uber-like boat service throughout the Bay and its navigable rivers and tributaries. With the Sierra Club and the Citizens Committee to Complete the Refuge, SCVAS filed a formal protest arguing that this new service can have impacts on the Don Edwards National Wildlife Refuge and on wetlands and estuaries all around the Bay. We asked for an Environmental Impact Report prior to approval of the project.

Protections for Birds & Habitat

In June, the National Audubon Society released Natural Climate Solutions Report: Maintaining and Restoring Natural Habitats to Help Mitigate Climate Change. This report highlights “what’s good for birds is also good for climate change mitigation.” The report also found that “urban and suburban areas present opportunities to restore natural ecosystems and create carbon sinks, while also protecting biodiversity, increasing environmental equity, and delivering health and quality of life benefits for communities.” This is critical for our work, where much of our advocacy is within urban spaces.

In the City of Campbell, the Santa Clara County Library District is in the process of constructing a “government office and facility” adjacent to Los Gatos Creek County Park (also known as Oka Ponds). We engaged with the Library District to offer recommendations for bird safety measures, plantings of native species, and the development of environmental education programs. We are excited to report that the Santa Clara County Library District took our recommendations into consideration and are including 100% native plants in their landscaping designs, along with our other recommendations for lighting and bird safety.

The City of Cupertino is considering the future of the Blackberry Farm Golf Course. Options included expansion of the golf course and intensifying use of the area, minor repairs to the existing golf course, and returning the golf course to natural habitat. We advocated for the native habitat option, and did not oppose minimal repairs. In July, the City Council approved the preparation of a feasibility study for 1) restoring the golf course to nature, and 2) conducting only minimal repairs to the golf course. Let's root for restoring Blackberry Farm to its natural habitat.

Free Virtual Class with Tours

The Sierra Club Bay Advocacy Program is offering a free class: 10 virtual classes and 3 tours will take place September through November 2021 to review the history of SF Bay, Bay wildlife and habitats, and nature-based adaptation for sea level rise. Experienced environmental activists, elected officials and legislators will discuss how to make positive change. Space is limited. For information, contact Susan DesJardin (408) 480–6057 or Gita Dev (415) 722–3355. •

Interested in more? Email advocate@scvas.org

Advocacy Update: Reid-Hillview Airport

Photo: Golden Eagle (Tom Grey). For the August 17th Board of Supervisors meeting, SCVAS resent our November 2020 advocacy letter in support of closing the airport.

On August 17th, Santa Clara County Board of Supervisors voted unanimously to “take all necessary actions, including closure, to immediately prevent lead contamination from operations at Reid-Hillview Airport". SCVAS supported closing the airport, looking to provide more open space in East San Jose. Closing the airport will also protect birds. A golden eagle was just struck in August of 2020. In recent years, owls, hawks, geese, swallows, and other ‘unknown birds’ have also fallen victim to bird strikes.

Protect San Jose's Riparian Corridors

MARK YOUR CALENDAR: The Almaden Office Building goes to SJ Planning Commission Wednesday 8/25, (Long 4-story curved building with two 16-story towers and 3 level underground garage along the Guadalupe River in Downtown SJ). This project is less than 30 feet from the riparian edge of the river. 

Follow this Zoom link at 6:30pm Wednesday to give public comment, asking the Planning Commission to deny the project as proposed (item 5a): https://sanjoseca.zoom.us/j/96011876532

Talking Points:

• This Project will cause irreversible damage to the Guadalupe River. This is the first project in SJ that allows this level of intrusion into the Riparian setbacks and it erodes achievements we fought for years. This will create irreparable damage to the river as a whole. 

• Bird safety measures are less stringent than what is required by the City’s Downtown Design Guidelines and Standards. If Woz Way (another project across the street) can retrofit the entire building and abide by the Bird Safety Standards, the Almaden Office Project should do the same.

• The scale of this project is so humongous that it will dwarf the river and the Children’s Discovery Museum - public spaces that the community loves.

• The entire development will be about 1.4 million square feet of office space. In contrast, Google’s Downtown West development includes 7.3 million square feet. Google gave the City 200 million square feet of benefits, and committed to 4000 housing units. This project - a fifth of the Google project - will provide zero housing and zero public benefits.

• The over 4-year construction of this development will create long-term air and noise pollution from the construction site, disturbing the adjacent riparian ecosystems and neighborhoods. 

Pictured: an aerial view of Boston Properties’ Almaden Office Project in Downtown San Jose (from project Notice of Preparation)

Agenda: https://www.sanjoseca.gov/home/showpublisheddocument/76269 (Public Hearing item 5a)

Staff report: https://www.sanjoseca.gov/home/showdocument?id=76265 

Questions? Email advocate@scvas.org

Environmental Action Campaign

Giulianna Pendleton, our newest staff member

Advocacy is crucial to the SCVAS mission, and you are an important part of its success. Recently, thanks to your generosity, we added Giulianna Pendleton to our staff as part-time Environmental Advocacy Assistant. She has already made a difference—her advocacy convinced Los Gatos to include Bird Safe Design and Dark Sky in the town’s General Plan update. To enable her to continue this good work, her position needs funding.

Over the years, SCVAS has provided opportunities for young college graduates like Giulianna to help them become confident environmental advocates. With your help, we can extend Giulianna’s engagement beyond this fall so she can continue to support our Advocacy program, gain experience, and further develop her skills.

San Jose at night. Do we really need another bright distraction for our migrating birds? Photo by Keith Wandry

Victories for the birds. Our efforts to protect birds and enhance their habitat in our cities continue with sharp focus on urban forests, parks, streetscapes, and the built environment. Educating the public of the benefit of Dark Sky on our birds is an increasing part of our work. We made great strides in this effort this year with positive results:

• Cupertino adopted a strong Bird Safety and Dark Sky ordinance

• Mountain View prioritized Biodiversity in the new strategic plan for the city

• Google’s Downtown West project in San Jose incorporates stream restoration, native trees and exceeds the bird safety measures required by the City.

• Large projects in Mountain View and Sunnyvale include creek restoration components as well as native plant and pollinator gardens.

• Nesting Black Skimmers and Forster’s Terns on the Sailing lake island of Shoreline Park are better protected from disturbance

Smith Creek above San Jose. Photo Matthew Dodder

Green Heron. Photo by Dwight Agan

Challenges ahead. Habitat, lighting and Bird-Safe Design are becoming part of every discussion! Some projects however, advance despite the danger to wildlife. Our advocates speak loud and clear to highlight the potential harm to birds and their fragile ecosystems.
As such, the massive Almaden Office project, just a few feet from the Guadalupe River, needs our attention. We never stop working to preserve—even create—viable habitats for birds and advocating for Dark Sky, which is so important to bird migration. The San Jose Light Tower project on Arena Green continues to require close monitoring. As we advocate for urban habitat and for open space in Coyote Valley and along our waterways and the bay,

Giulianna gives our concerns a new and energetic voice.

The birds need your help. Please consider giving to our Environmental Action campaign today. By contributing, you will be helping protect our birds, their habitat, and their future. You can make Audubon’s voice heard. Thank you for your continued support!