Pacheco Dam

American Kestrel: Roberto Martinez

Please Send comments for Pacheco Dam Geotechnical Investigations

What is happening

Valley Water has released a Draft Environmental Impact Report for Design Level Geotechnical Investigations for the Pacheco Reservoir Expansion Project (Draft EIR) for public review.  Public comments on the Draft EIR are due by April 25th at 5 PM.

Why it matters

SCVBA has opposed the Pacheco Dam Project due to the tremendous harm that this project would inflict upon our birds, wildlife and landscapes. The proposed Geotechnical Investigations are a step in the wrong direction. Furthermore, the Draft EIR underestimates the project's environmental impacts, and overlooks major concerns.

Valley Water needs to hear from the public that the Draft EIR for this work towards the construction of the Pacheco Dam project fails to provide adequate mitigation and analysis of the proposed activities, and that this project should not be approved

What you can do

Send an email to tsexauer@valleywater.org at Valley Water by April 25, 2025. Below is a ‘Cut and Paste’ Sample Public Comment Letter you may use:

To: tsexauer@valleywater.org

Subject: Comments on Draft Environmental Impact Report for the Design Level Geotechnical Investigations for the Pacheco Dam Project

Dear Mr. Sexauer:

These comments pertain to the Draft Environmental Impact Report for the Design Level Geotechnical Investigations for the Pacheco Reservoir Expansion Project (Draft EIR) that Santa Clara Valley Water District (Valley Water) has released for public review.  The geotechnical work for the Pacheco Dam would have adverse environmental effects that are not adequately addressed in the Draft EIR, as described below.

Disturbance to Wildlife: The geotechnical activities would take place in an area with multiple wildlife corridors, and involve noisy helicopters and heavy equipment, which would disrupt sensitive wildlife habitats. The Draft EIR concludes that the project impact on wildlife movement is insignificant without mitigation. (Draft EIR, p. 3-168.) Noise is an impact on and a deterrent to wildlife movement. The combined effect of vehicle traffic, human presence, and equipment operation may result in diversion of wildlife away from this movement corridor. Diverted wildlife may face greater incidences of mortality on the nearby State Route (SR) 152.

Disruption of Tribal Cultural Resources: In addition to wildlife impacts, the proposed investigations would potentially disturb cultural resources, some of which may be over 3,000 years old. This presents a grave concern for the local Native American tribes. Valley Water must engage in a complete and good faith discussion with tribes that attach cultural significance to tribal cultural resources in the project area.

Incomplete Environmental Review: While the Draft EIR was prepared for the geotechnical investigations, Valley Water has acknowledged that the 2021 Draft EIR for the entire Pacheco Dam Project needs to be revised and recirculated. The geotechnical work is a necessary and foreseeable element of the overall dam project, and should be analyzed together with the reservoir expansion project itself, to avoid improper piecemealing. (CEQA Guidelines, § 15376(a).)

For these reasons, I urge Valley Water not to certify the Draft EIR or move forward with the geotechnical investigations for this destructive dam project.

[Your Name and City of Residence]

Palo Alto Dark Skies

Palo Alto’s Night Sky is Fading – Help Strengthen the Dark Sky Ordinance!

Palo Alto City Council will consider adopting a Dark Sky Ordinance on April 7th. The proposed draft ordinance is inadequate and does not address the impacts and concerns associated with light pollution. The proposed ordinance scope is so limited, that it exempts new lighting fixtures on existing buildings and structures, allows excessive light pollution spillage, and could even make things worse by failing to regulate replacements for outdated fixtures.

The proposed ordinance significantly weakens existing light trespass protections. Under the current ordinance, all properties are subject to a standard limiting light trespass to no more than 0.5 foot-candles at the property line. However, the proposed ordinance applies this restriction only to new buildings, major remodels, and lighting systems that require a permit. This means that existing properties would no longer be subject to any enforceable limits on light trespass.

As a result, if this proposal is adopted without change, an existing neighbor could legally install a bright or intrusive light—such as a strobe light—that shines into adjacent properties, without any violation of the ordinance. While good neighborly practices may help mitigate conflicts, this change removes an important safeguard that currently protects all residents from excessive and disruptive lighting.

This creates an uneven playing field where existing properties are exempt from regulations that apply to new developments, potentially leading to increased light pollution and nighttime disturbances in residential areas. Restoring citywide light trespass limits would help ensure that all residents, regardless of when their home was built or last renovated, are protected from intrusive lighting.

Artificial light at night harms environmental and human health

Studies show that even outdoor artificial light at night disrupts sleep, hormone regulation, and overall health. It’s linked to increased risks of breast and prostate cancer, diabetes, heart disease and mood disorders.

Light pollution also disrupts our natural environment. Artificial light at night disorients migrating birds, leading to collisions with buildings, exhaustion, and disrupted navigation. It also alters feeding, mating, and nesting behaviors, threatening bird populations. Light pollution also interferes with animal movement across the landscape and throws off the timing of key ecological processes and behaviors, like when migration or nesting starts, or flowers bloom and when pollinators emerge. decouples critical ecological synchronizations among species, such as time flowers bloom and the time pollinators emerge.

Furthermore, the proposed ordinance allows light spillage equivalent to 50 full moons—far too bright for a city committed to environmental health and sustainability. Our endangered snowy plovers avoid nesting at just 1% of this brightness!

Light pollution wastes energy. It is contrary to sound sustainability principles and to the primary directive of the dark sky of using light only where and when it is needed, at the lowest level needed, and not more.

And last but not least - Light pollution obscures the stars. Seeing the milky way has become a privilege!

What can you do?

The proposed ordinance applies only to new construction and major remodels. Please urge  Mayor Lauing and City Council to:

• Apply the ordinance to newly installed or replacement lighting fixtures on existing structures, as recommended by the Planning Commission.

• Set appropriate lights-out (curfew) requirements for outdoor lighting to prevent unnecessary night-time lighting.

• Prohibit light spillage into homes, parks, and open spaces.

Please note that this ordinance does not apply to street lights, and active enforcement is not expected. The ordinance provides a recourse to residents who are negatively impacted by light pollution.

Please write to the Palo Alto City Council to express your support for this ordinance and ask them to support the bullets listed above. If you have any experience with nuisance light shining through your window and affecting your quality of life, this would be a great opportunity to share your story!

Here is the Palo Alto City Council email address, which you can send your email to.

city.council@CityofPaloAlto.org

Here is an example:

To: city.council@CityofPaloAlto.org

Subject: Please protect our city from light pollution

Dear Mayor Lauing and Palo alto Councilmembers,

My Name is  (enter your name and say a little about yourself and why you care)

Please strengthen the proposed Dark Sky Ordinance, Please ask city staff to

• Apply the ordinance to newly installed or replacement lighting fixtures on existing structures, as recommended by the Planning Commission.

• Set appropriate lights-out (curfew) requirements for outdoor lighting to prevent unnecessary night-time lighting.

• Prohibit light spillage into homes, parks, and open spaces.

Thank you,  [Your name]

You can join the City Council meeting via zoom or in person and give a brief 2-minute public comment:

VIRTUAL PARTICIPATION:

Click here to join

Meeting ID: 362 027 238    

Phone:1(669)900-6833

Meeting Agenda: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=16024

A dark sky is a shared heritage. Let’s bring back the stars, protect our health, and safeguard wildlife—starting with a stronger Dark Sky Ordinance!

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.gov, district2@sanjoseca.gov, district1@sanjoseca.gov, district2@sanjoseca.gov, district3@sanjoseca.gov, district4@sanjoseca.gov, district5@sanjoseca.gov, district6@sanjoseca.gov, district7@sanjoseca.gov, district8@sanjoseca.gov, district9@sanjoseca.gov, district10@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!