Conservation Corner Winter 2020

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Shani Kleinhaus
Environmental Advocate

A recently published study by National Audubon highlights the dangers that climate change imposes on migratory bird populations in California and throughout North America. Science Magazine focuses on the great overall decline in numbers of birds (3 billion in 30 years!).

In Santa Clara Valley and throughout our region,it behooves us to continue to fiercely protect birds from harm, to oppose harmful development, and to support the types of development that regenerate native habitats in a meaningful way. Because birds are everywhere, we continue to engage in efforts to protect landscape-scale open spaces and natural resources as well as efforts to protect birds from hazards and regenerate habitat in urban/suburban landscapes.

Collisions with Glass

One of our long-term campaigns focuses on protecting birds from collision with glass. City by city, jurisdiction by jurisdiction, we make progress. In recent months, we have been successful in:

• Mountain View has redently adopted new, sustainable building requirements that include bird safe design for most types of new buildings in the city

• After hearing 10 of our advocates’ testimony, the Cupertino Planning commission instructed staff to prepare a bird-safe design ordinance. They will also be developing dark-sky requirements, which will benefit birds

• We supported Santa Cruz advocates in their successful efforts to require bird safe design in that city

• Santa Clara County is starting to work on County Wide Bird Safe design guidelines

• Downtown San Jose now has standard and guidelines for bird safe design. The National Audubon Society recently published an online article that mentions this achievement, quoting our advocate, see https://www.audubon.org/news/theres-growing-political-push-make-more-buildings-bird-safe

Habitat in Cities

Palo Alto is planning a pilot “Horizontal Levee” project at the edge of the wetlands at the end of Embarcadero. As stakeholders (and guardians of Ridgeway’s Rail), we expressed appreciation for the project’s intent to create habitat for native species while at the same time protecting Palo Alto from sea level rise. We also provided comments asking for a trail to be placed along the road, rather than on top of the levee.

In San Jose, we provided comments on the ActivateSJ Strategic Plan for the City’s Parks and Community Services Department, advocating for a plan that includes the enhancement of habitat and nature, and promotes nature- oriented activities.

Also in San Jose, we are following Google’s mixed-use framework for the Diridon area, which looks to remove parking areas in order to plant native trees along Los Gatos Creek in a wide, park-like creek setback. Google’s plans are in contrast to the proposed Almaden Office Project on the Guadalupe, which we oppose because it looks to build a 2-block long, 17-story high (and 4 levels underground parking garage) within 30-ft of the riparian setback of the Guadalupe River. We are also following with concern the efforts of the Light Tower Corporation to solicit submittals to a design competition for an iconic structure in Arena Green park.

CA Legislative Session Ends

The legislative session came to an end in Sacramento. Of the bills we have been following, both of Assemblyman Ash Kalra’s sponsored bills have been signed into law:

• AB-454 - Migratory Birds: California Migratory Bird Protection Act will reinstate protections to Migratory birds that were removed by the federal administration.

• AB-948 Coyote Valley Conservation Program has also been signed, authorizing the Open Space Authority to establish and administer the Coyote Valley Conservation Program to address resource and recreational goals of the Coyote Valley.

However, Governor Newsom vetoed two important bills:

• SB-767 Off-highway Vehicular Recreation: Carnegie State Vehicular Recreation Area: Alameda-Tesla Expansion Area. This bill aimed to stop the expansion of off-road vehicle recreation to an ecologically sensitive area in the East Bay. We hope the bill will be reintroduced next year.

• SB-1 California Environmental, Public Health, and Workers Defense Act of 2019: Aimed (among other goals) to reinstate protections to clean air and water, and protections to endangered species to respond to the removal of these protections by the federal administration. We are greatly disappointed as this surrender to Central Valley agribusiness puts many of California’s endangered species and their habitats at risk. 

Conservation Corner September/October 2019

Local Updates
In its priority setting session for the next two years, the City of Mountain View voted to prepare to “Consolidate and update existing plans into a comprehensive wildlife and habitat management plan” as part of its goal to “Promote Environmental Sustainability and the Quality of Life for the Enjoyment of Current and Future Generations with a focus on Measurable Outcomes.” A wildlife management plan should help capture best practices that are successful in promoting and protecting avian species that nest at Shoreline Park, including the Black Skimmers, Forster’s Terns and Black-necked Stilts on the island, White-tailed Kites, Burrowing Owls, Western Bluebirds, Tree Swallows, Cliff Swallows and many other species! 

Tree Swallows using Mountain View nest box

Our advocacy efforts continue to focus on Coyote Valley. Recently, the City of San Jose updated the scope of the General Plan 4-Year Review to include a robust discussion on the long-term future of North Coyote Valley and the Mid-Coyote Urban Reserve in achieving key city objectives, including not only economic goals, but also the preservation of open space and wildlife habitat, flood and groundwater protection, agriculture, climate change resilience, and passive recreation.

Also in June, the Los Gatos Town Council unanimously approved a wildlife-friendly fence ordinance. The new ordinance will require all new perimeter fences on hillside lots larger than one acre in the Town of Los Gatos to be wildlife-friendly. Our previous effort regarding fencing in Los Gatos resulted in the prohibition of transparent glass or plastic fencing. Together, these rules make creeks and roadsides safer for birds and wildlife, and allow better permeability and animal movement linkages. We thank Dashiel Leeds, our volunteer who worked so diligently to secure this outcome, and we thank council members Marico Sayoc, Barbara Spector, Marcia Jensen, Rob Rennie and Mayor Steve Leonardis for approving this ordinance.

The County Planning Commission recommended that prior to approving the Stanford General Use Permit (GUP), staff should consider including bird safe design, protections for native oak trees older than 100 years, and strong protections for open space in the foothills, including the possibility of permanent easements. The Stanford GUP and its associated approval documents go to the Board ofSupervisors next, and SCVAS will be following closely. We thank the County Planning Commissioners for their hard work, and Commissioner Vicki Moore for making the motion.

We continue to await the Environmental Impact Report for a Sand Quarry in Sargent Ranch, south of Gilroy. Over a 30-year operational period, the proposed quarry would mine 320 acres of land. The project includes a 14-acre processing plant, three 200-foot deep open pit quarry sites, a 1.6-mile long conveyor belt, and a 30-foot wide access road. An estimated 40 million tons of sand and gravel aggregate would be produced for use in local road building and general construction. Annual water consumption is estimated at 17,260,000 gallons. This is of concern since conservation banks generally fail to fully mitigate for the loss of individuals of endangered species and their habitat, so this project has the potential to impact endangered species at Sargent Ranch as well as elsewhere in California. SCVAS is opposed to the quarry, and expect to engage when the environmental review documents are released.

In San Jose, we submitted scoping comments on the environmental impact assessment for the Almaden Office Project. We focused on impacts to the Guadalupe River and its riparian corridor. In Campbell, we submitted comments on the Dell Avenue Office Project near Los Gatos Creek. Both projects have the potential to impact birds in the Guadalupe River watershed.

State Legislation Updates

On July 1st, California became the first state to ban the use of lead bullets for all hunting activities. This is important because lead bullets present an environmental risk to wildlife, especially the endangered California Condor. Studies conducted before the law’s passage suggested that the bird population was being poisoned after ingesting lead fragments left behind by hunters in the entrails of game animals. The law, which we supported and originally passed in 2013 applies to all hunters shooting any type of game with a firearm on public or private land. Hunters using lead ammunition will be subject to fines: first-time offenders risk losing hunting privileges and can be fined up to $500. Subsequent violations bring a minimum $1,000 fine.

Several 2019-2020 bills that we support have passed most of the legislative process, and we continue to follow them as they make their way to the Governor’s desk. This includes:

• AB-1788 Pesticides: use of anticoagulants; looking to protect raptors and other carnivore species from secondary poisoning

• AB-454 Migratory Birds: California Migratory Bird Protection Act. Sponsored by Assemblymember Ash Kalra, this bill looks to reinstate protections to migratory birds that were removed by the federal administration.

• SB-767 Off-highway Vehicular Recreation: Carnegie State Vehicular Recreation Area: Alameda-Tesla Expansion Area. This bill aims to stop the expansion of off-road vehicle recreation to an ecologically sensitive area in the East Bay.

• AB-948 Coyote Valley Conservation Program: (Introduced by Assemblymember Kalra with Coauthors: Assemblymembers Kansen Chu, Robert Rivas, and Mark Stone; and Senators Jim Beall and Bill Monning) to authorize the Open Space Authority to establish and administer the Coyote Valley Conservation Program to address resource and recreational goals of the Coyote Valley

• SB-1 California Environmental, Public Health, and Workers Defense Act of 2019: aims (among other goals) to reinstate protections to clean air and water, and protections to endangered species to respond to the removal of these protections by the federal administration.

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