April Updates

Read the Fine Print: 

The Hidden Flexibility of California's Measures

California's ballot measures and propositions, designed to empower citizens, often conceal a crucial truth: the legal text, not the appealing campaign language, ultimately governs fund allocation. Ballot measures are usually crafted based on polls to attract diverse voter interests. By design, they allow flexibility for future adjustments, enabling governing bodies to adapt to evolving needs, or perceived needs, that may be far removed from the original campaign's promises. Voters should be aware that the legal language often allows for significant deviations from the advertised intent.

This inherent flexibility can lead to significant shifts in intended allocations and intense feelings of betrayal among voters. For instance, consider Valley Water’s attempt to shift funds from the “Safe, Clean Water and Natural Flood Protection” program in Palo Alto and Mountain View to San Jose. Similar cases occur statewide, showing how legal loopholes and broad interpretations can reshape the intended purpose of voter-approved measures. Additionally, broad language often permits funds to be used for projects that only marginally meet voters' intent, if at all. For example, a ballot measure that promises to “restore habitat and provide access to nature” might end up spending most of the funds on paved trails and parking areas. 

Identifying the exact legal obligations in ballot measures can be challenging, especially when the language is vague or broad. So, as you read ballot measures before casting your vote, scrutinize the fine print. If the full text states that funds "shall" be used for a specific purpose, that's legally binding. However, if it says "may," "intends to," or uses vague, broad categories, officials have more discretion in how funds are spent. Furthermore, when ballot statements lump two different categories together, the part that attracted your vote may ultimately be sidelined. What you vote for may not always be what you get.

The Crisis Facing Americas Birds

The 2025 U.S. State of the Birds report reveals that bird populations across the United States continue to decline, a trend that has been ongoing for decades. The report shows that a third of American bird species are of high or moderate concern due to population declines or other threats. Birds in forests, grasslands, and arid lands are among the fastest declining groups, with populations dropping by 43% and 41%, respectively, since 1970. Additionally, while waterfowl populations had been increasing, they have now declined by 20% since 2014 due to habitat loss and climate-related factors. With diminishing federal protections of forests, wetlands and grasslands, these trends may deepen and intensify.

Despite these alarming trends, the report also highlights that targeted conservation efforts can lead to recoveries. Protecting bird habitats and reducing threats like habitat loss and environmental degradation are critical for reversing these declines.

Birds are vital to our ecosystems and economy, generating over $350 billion annually through bird-related activities like birdwatching and outdoor recreation. They also contribute to mental well-being, reducing stress and improving life satisfaction. Protecting birds is not only about conservation; it’s about sustaining the health of our environment and ourselves.

As we face the ongoing challenges to bird populations, continued action is necessary to protect birds, restore their habitats, and ensure a future where both birds and nature thrive. SCVBA has been protecting birds and their habitats for 100 years, and we are committed to continuing our advocacy for our feathered friends, who can sing but cannot talk!

Protect San José’s Parks!

Anna’s Hummingbird chicks: Sushanta Bhandarkar

On Tuesday, March 25, 2025, the San José City Council will discuss the Definition of Chartered Parkland under Section 1700 of the City Charter (Agenda Item 7.1, File 25-292). This discussion will help City Staff  determine which city parks receive permanent protection from development or sale without voter approval.

The Santa Clara Valley Bird Alliance supports the staff report’s interpretation and the inclusion of 207 parks in the official Charter Park inventory (Attachment A). This is a critical step to preserve San José’s parks for future generations.

Why is this Important?

 Protects Public Parks Permanently – Ensures parkland remains inalienable unless approved by voters.
 Provides Clarity & Transparency – Establishes a clear, consistent policy on how Charter Park status is determined.
 Supports Wildlife & Green spaces – Parks provide vital habitat, recreation, and climate resilience.
 Aligns with Historical Intent – San José has protected public parklands since 1896, with voters reaffirming these protections in 1965.

How You Can Help:

 Email the City Council – Urge Mayor Matt Mahan and Council members to approve the staff report and protect all eligible parks. Email:  city.clerk@sanjoseca.gov (CC: mayor@sanjoseca.govdistrict2@sanjoseca.govdistrict1@sanjoseca.govdistrict2@sanjoseca.govdistrict3@sanjoseca.govdistrict4@sanjoseca.govdistrict5@sanjoseca.govdistrict6@sanjoseca.govdistrict7@sanjoseca.govdistrict8@sanjoseca.govdistrict9@sanjoseca.govdistrict10@sanjoseca.gov) with the subject, "I Support the Definition of Chartered Parkland (Agenda Item 7.1, File 25-292)". In your email, tell the mayor and council a little about yourself, and ask them to support this protection for our local parks.


 Attend the Council Meeting – Show support in person or via Zoom on March 25 at 6:00 PM Meeting Details

San José’s parks are essential to our community and our environment—let’s ensure they remain protected for the future!

Thank you!

March Updates

Avroh Shah is Bay Nature's 2025 Local Hero Young Leader

Our Environmental Advocacy team is fortunate to work with youth who are passionate, talented, and proactive in their advocacy for nature and the future of our planet. We are very pleased to see our friend Avroh Shah of the Palo Alto Student Climate Coalition selected as Bay Nature's 2025 Young Leader! Avroh brought together a diverse community that together, successfully averted the expansion of the airport into the Palo Alto Baylands, and continues to advocate for the environment.

Avroh will receive an award at Bay Nature’s 15th Local Hero Awards on Sunday, April 6. We hope you will be there to congratulate this outstanding local hero! For more information and to purchase tickets, see Bay Nature Local Hero Event.

Surveys:

  1. Rancho Cañada del Oro Open Space Preserve Regional Trail Planning Survey

The purpose of the Rancho Cañada del Oro Open Space Preserve Regional Trail Planning project is to develop a plan for a trail network on the southern 1,800-acre portion of the Rancho Cañada del Oro Open Space Preserve, including an area formerly known as Blair Ranch. Access could support hiking, camping, mountain biking and horseback riding activities. This trail network would continue regional trail connections from the northern portion of the preserve. 

Please respond to a survey here.

As you reflect on the survey questions, please keep in mind that trail use can place stress on local wildlife, and activities like mountain biking and camping may impact native plants and animal species. Let’s be mindful and tread gently on the land!

2. The Bay Area Air District is asking all those who breathe to take this short survey for their Bay Area Regional Climate Action Plan (BARCAP) Survey today!

They are gathering feedback from Bay Area communities on priorities and concerns regarding regional climate goals and potential strategies and actions. Public input is critical to guiding the priorities for BARCAP development. This survey takes 5-10 minutes to complete. Submit a response for a chance to win one of four $50 Amazon gift cards!

Secure Link

Updates and issues we are working on:

  1. The Burrowing Owls of Shoreline Park

    Phil Higgins,  the Burrowing Owl biologist, remains on Administrative Leave. To fill the gap the city of Mountain View hired consultants who are ensuring that burrowing owls (and other birds) are protected when landfill and other projects take place. Another consulting group works to implement the Burrowing Owl Preservation Plan and the Wildlife Management Plan. In January, there were more than 20 owls at Shoreline.

    We expect many of the owls to leave soon and migrate to their breeding ground up north. Meanwhile, we ask all our members to be careful not to disturb owls, and at the same time be vigilant. Please report any concerns to Advocate@scvbirdalliance.org

  1. Vista Heights / Cupertino

    The Vista Heights project, aiming to build a new subdivision on the  Stevens Creek canyon rim, has met a red light. The City of Cupertino has deemed the project’s Builder’s Remedy application was incomplete and therefore, the City is no longer processing this application. However, the immense damage caused to the landscape of this property remains a gaping injury. The City required the project applicant, Mr. Chen, to submit a "Retroactive Grading Permit" for remediation/restoration of the immense damage to the hill. The deadline for this permit application has passed, and Cuopertino has issued a Notice of Violation. We continue to follow this project.

  2. Shoreline Protection (Sea Level Rise) in Palo Alto and Mountain View

    In November 2020, Santa Clara County voters approved Valley Water’s Safe, Clean Water and Natural Flood Protection Ballot Measure which included Project E7: San Francisco Bay Shoreline Project. This project, a multi-agency effort between the U.S. Army Corps of Engineers (USACE), Valley Water, the California State Coastal Conservancy, and regional stakeholders, aims to provide tidal flood protection, restore and enhance tidal marsh and related habitats, and improve recreational and public access along Santa Clara County's shoreline.

    Phase I levees (Alviso) are currently in construction. However, as costs escalate, Valley Water seeks to divert funds from Phase II (Palo Alto/Mountain View) to Phase I. This is of concern, because the Army Corps has decided not to provide funding to Phase I and so without funding from the approved ballot measure,  this area of our county - including baylands and critical  infrastructure - will remain unprotected for decades.

    We asked the Valley Water Board of Directors to:

● Preserve Safe, Clean Water and Natural Flood Protection Project E7 funding for

Phase II rather than reallocating it to other geographical areas.

● Retain the stated benefits of Project E7, including restoring 400 acres of tidal marsh

and related habitats in the Palo Alto/Mountain View area and protect critical structures, such as the Regional Water Quality Control Plant.

● Maintain the ability to use Project funds for design and construction to support

resilience efforts in these areas.

● Revise the Control Process Update to ensure robust outreach and engagement well in

advance of required public hearings.

Protect Palo Alto Streams: Important Community Meeting February 06

What is happening?
Palo Alto is developing a Stream Corridor Protection Ordinance. A hybrid community meeting will be held (in person or by Zoom) on Thursday, February 06, 2025. At this meeting, City staff will present an overview of Palo Alto’s creek protection regulations as well as a summary of their recommendations for updates.

Why is it important?
Creeks are a vital part of Palo Alto’s natural landscape, providing critical ecological habitat that supports biodiversity and offers important linkages for wildlife. They also contribute to the city’s aesthetic appeal and play a key role in flood mit654igation by channeling stormwater to the Bay.


Development setbacks typically require that a designated distance, measured from the “top of bank,” remain free from the construction of structures. These setbacks are essential because they buffer wildlife and habitats from disruptive activities, preserve ecological functions, and ensure the long-term health of riparian and aquatic environments. By maintaining these buffers, setbacks also help protect water quality, reduce erosion, and provide space for natural floodplains, which in turn reduce flood risks to homes in the watershed.


Even channelized creeks, which have been confined to concrete banks, can offer ecological benefits if setbacks are properly maintained. While concrete channels are far from ideal, they can still support urban ecosystems. Allowing trees and vegetation to grow along the banks can create a more functional riparian habitat, offering water and shelter to birds, insects, and other wildlife.

How can you help?
Community input is crucial to further refine options under consideration and staff recommendations before they are presented to the Planning and Transportation Commission and the City Council. Here’s how you can make a difference:
Join a community meeting in person or on Zoom and provide your feedback to help shape staff recommendations for the ordinance update!

📅 When: Thursday, February 6, 2025 | 6:00 PM to 8:00 PM
📍 In person: Palo Alto City Hall Lobby, 250 Hamilton Avenue (Free parking is available in the garage under City Hall.)
📍 On Zoom:
https://cityofpaloalto.zoom.us/j/81024332864
Meeting ID: 810 2433 2864 | Passcode: 494888

RSVPs are not required, but they help the City plan. To  RSVP for this community meeting use the link here.

Suggested Talking Points for Community Members:

  • Preserving Riparian Buffers: Emphasize the importance of setbacks to protect creek ecosystems and ensure they remain resilient to urbanization and climate change.

  • Ecological Benefits of Creeks: Highlight how creeks like San Francisquito, Adobe, and Matadero support biodiversity, water quality, and flood control.

  • Improving Channelized Creeks: Advocate for retrofitting or enhancing land near channelized sections with vegetation, trees, or habitat-friendly features to improve their ecological function.

  • Long-Term Planning for Resilience: Stress the need for policies that anticipate future challenges, such as increased flooding or habitat loss due to climate change.

  • Community and Aesthetic Value: Discuss the importance of creeks as natural spaces that enhance the community’s quality of life through recreation and education.

Your voice matters in ensuring that these vital natural resources are protected and restored for future generations. Together, we can create policies that balance urban development with the health of Palo Alto’s creeks and riparian environments.

Thank you for being active in your community,