Peeps helping to Save Kimber Park

What better way to help Save Kimber Park than by making a Peeps diorama? Yep, sounds crazy, but there we were, working away on a Friday night, constructing a huge diorama of marshmallow candies (the Peeps), miniaturized T-shirts, oversize photo prints, live trees, children’s toys, fishing line, etc.

Confused? I was too, until I learned that the Washington Post has held an annual Peeps diorama contest, now in its sixth year, with winners announced before Easter. Here’s this year’s contest. Not to be outdone, the local Bay Area Newsgroup hosts its own Peeps diorama contest. With the winners published in the paper(s) each year, this looked like an opportunity to garner publicity for our Save Kimber Park effort.

Laura had conscripted April to help her make a diorama. Soon four adults were putting it together, a task probably better suited to fourth graders. It turned out to be a lot of fun to make, especially when we finished, a little loopy but pleased with the results.

You can help us out by viewing, commenting on and rating our diorama online here.

I’m a little disappointed by the picture quality provided online, so I’ve provided a higher resolution image here (click on any image to enlarge):

The completed Save Kimber Park diorama

Here are views of the diorama being built:

Peeps diorama under construction

Nearly completed diorama

And for all of you looking for even more detail, here are some close-up views:

Peeps owl

Marty the Barn Owl

The three deer trapped behind the cyclone fence

The three deer trapped behind the cyclone fence

Tree choppers

Chainsaws taken to the favorite hunting tree of the Red-Shouldered Hawks.

As the creators were Electrical, Software Engineers or other detail-oriented folk, details were rigorously attended to. The backdrop is a high resolution panorama of the Kimber Park property. The wings of the White-Tailed Kites are taken from pictures of a kite currently breeding on the property. The wings of the hawks in the “dead tree” are those of resident Red-Tailed Hawks. The same is true of the turkey tails and the deer ears. The pine tree is a small live tree.

Yep, we’re just a bit crazy, ahh, dedicated.

I hope you like the end product and remember to vote (and vote often) for the Save Kimber Park diorama. Results will be published in the Mercury this Easter Sunday.

Red-Shouldered Hawk Breeding Pair

I couldn’t let Valentine’s Day pass without getting the word out that a pair of Red-Shouldered Hawks have now established the Kimber Park Open Space as their breeding territory! They have been observed mating, feeding and patrolling on the Kimber Park Open Space property for several weeks now.

The pair, dubbed Conan and Scarlet, maintain a constant presence. They are extremely vocal and very beautiful.

Here’s a picture of the pair, taken while they were nestling together in a tree on the Kimber Park property today, Valentine’s Day, 2012:


Conan and Scarlet

A Breeding Pair of Red-Shouldered Hawks on the Kimber Park Open Space

The Red-Shouldered Hawk is thought of as the most beautiful of all of the Northern California native hawks. They are extremely adaptable and will feed on a wide variety of prey. They prefer to sit in a tree or other roost over a hunting area, swooping down when the  prey shows itself. The are typically very vocal, and this is especially true of the pair on the Kimber Park property of late.

To listen to the Red-Shouldered Hawk call try the audio player below:

Do you have anything interesting to share about the Red-Shouldered Hawks? Please leave a comment below and let us know.


Marty the Barn Owl

Yet another raptor is discovered that resides on the Kimber Park Open Space!

Laura’s son Martin noticed a Barn Owl that lives on the Kimber Park Open Space while visiting over the Holidays.

We’ve agreed to call him Marty, after his discoverer. We don’t know yet if Marty is male or female, but I’m assuming its a he for now.

Here’s a picture of Marty, taken while he was roosting on the Kimber Park property during the day:


Marty the Barn Owl roosting on the Kimber Park Open Space

The Barn Owl is a medium to large native owl with a face I am sure you will agree is almost alien. I have seen one (probably Marty) calling and flying high over the Kimber Park Open Space by the light of the moon. With white undersides and an absolutely silent flight he looked very ghostly while aloft. I have also seen Marty flying into the short grass, probably feeding, just past dusk, among the native oaks at the east end of the Open Space.

To listen to the Barn Owl call try the audio player below:

Have you heard Marty (or his kin) while walking about Kimber Park? Please leave a comment below and tell us about it.


Roundup of recent SKP press coverage

This is a brief roundup of recent newspaper articles that have covered Save Kimber Park.  First up, the San Jose Mercury News reported about the December 13th city council meeting.  This city council meeting was to approve the general plan, though the amendment for Kimber Park was brought up again:

The Mercury news also reported on the December 6th city council meeting, where about 300 Save Kimber Park supporters showed up to voice support for the general plan amendment:

That meeting was also covered in the Tri City Beat:

And, there were 2 interesting editorials in the Tri City Voice:

As well as a few letters to the editor (also in the Tri-City Voice):

Kimber Park Birds

On a cold and wet December day I felt like I needed another Mission Tennis Club fix. Here is another video I shot on the public easement of the club. In the background you can hear the cyclone fence being put up, so this was one of my last views of the club from this vantage point. It really does seem as if one could be in Tahoe, as other members have said.

What is that elusive brightly colored yellow and black bird flitting around? It seems to delight in confounding my efforts to get it on video. Here it is in motion:

Here is a frame grab from the video (click on any picture for a full-size version):

Townsend's Warbler

Townsend's Warbler on the Kimber Park Open Space

At last, using my trusty Peterson Field Guide Western Birds I have confirmed that it is a Townsend’s Warbler!

I am always amazed to find warblers, but this Townsend is right at home, per the field guide “Habitat:  Tall conifers, cool fir forests… oaks”.

I have been on a mission lately to photograph some of the less seen but cool birds that make the Kimber Park Open Space home. Pat and Phil Gordon, from the local chapter of the Audubon Society, were here to confirm that White-Tailed Kites were breeding on the Kimber Park Open Space this summer. They published their finding in their November newsletter. I was astounded at their ability to identify birds.

They quickly pointed out the beautiful Golden Eagles which overfly the area. OK, how could we not notice Golden Eagles!

Phil also spotted Hutton’s Vireo, a small and inconspicuous yet pretty olive bird, which I did not even notice and then later what seemed to be a Nuttal’s Woodpecker.

I love woodpeckers, they are so boldly colored and eclectic in their behavior. I cannot believe I never saw them before. The one that Phil saw frequents the pepper tree at the extreme eastern edge of the Kimber Park Open Space. I have stopped by here often to try to photograph this guy. While there on December 13th I caught this pretty female Yellow-Rumped Warbler stopping by.

Yellow-Rumped Warbler

Yellow-Rumped Warbler

I could hear the woodpecker, but once again he was eluding me. Again. For months on end. Harrumph.

But now, thanks to Frank, one of the horse-keepers for the horses living along the foothill here, I am happy to report that I have at long last gotten a reasonable picture. Frank finished feeding the horses and stopped to ask what I was photographing. Well, I once again had missed the woodpecker (it is very camera-shy) just before he approached, but while talking to Frank it came back for a few seconds, which I was able to take advantage of.

It turns out to be a Red-Breasted Sapsucker.

Red-Breasted Sapsucker

Red-Breasted Sapsucker

The sapsucker appears to actually be doing just that!

Red-Breasted Sapsucker 2

Red-Breasted Sapsucker 2

Another less often seen resident is the Northern Flicker. Here are a couple of pictures of a Northern Flicker on the Kimber Park open space. It is a pretty big woodpecker, unique in appearance and behavior.

Northern Flicker

Northern Flicker

Northern Flicker 2

Northern Flicker showing distinctive white patch.

One of the obvious attractant for the wildlife here are the many large native Coastal Live Oaks, which offer a ready supply of acorns to the birds, squirrels, deer and I am sure other creatures on the property. One of the oaks is apparently already mature in the old Kimber picture from 1939! It is enormous and I would not be surprised if it is well over 100 years old.

Here is the one I am thinking of:

Ancient Oak

Ancient Oak flanked by Redwoods

Among the big oak tree fans is this Scrub Jay, shown enjoying an acorn on the Kimber Park open space on :November 30th, 2011:

Scrub Jay

Scrub Jay with acorn

I will close with one of the more well-known Kimber Park open space avian residents, the Red-Shouldered Hawk. This bold hawk has modified his behavior now that the cyclone fence is up. Feeling secure enough to feed on what was once the front lawn of the property (now a mix of mulch, grass and tree-fall), it behaves as shown in these pictures:

Red-Shouldered Hawk

Red-Shouldered Hawk on front lawn of the Mission Hills Tennis Club.

Red-Shouldered Hawk 2

Red-Shouldered Hawk looking for food under the mulch.

Red-Shouldered Hawk 3

Red-Shouldered Hawk chomps down on a small meal.

To any readers not familiar with this property or the associated wildlife and woodland, I hope this may help you begin to understand why the neighborhood is so passionate about preserving it. The development plans submitted to the city call for the destruction of 186 trees, mostly Redwoods and Coastal Live Oaks that are over 60 years old. In and of itself this is troubling to consider, but on the mitigating Open Space at the centerpiece recreational facility of a Planned Community in Fremont it is inconceivable.


Save Kimber Park Posters

Are you interested in getting your own copy of the posters we made for the City Council meeting?

Well, here they in a manageable size (50% of the 20″x30″ versions printed for the meeting)!

Fawn hides in the grass behind court #12

Fawn at Mission Hills Tennis Club







Gray fox at Kimber Park

Gray fox scampers away on the Kimber Park Open Space








Kimber Park Redwood

One of the many Kimber Park redwoods










Kimber Park redwoods

Kimber Park redwoods and fan










Red-shouldered Hawk at Kimber Park

Red-shouldered hawk watches for prey on the Kimber Park Open Space











White-Tailed Kite pair in a Kimber Park cedar

The White-Tailed Kites that bred at Kimber Park










Kite Fledgling at Kimber Park

A White-Tailed Kite rests in the Monterrey Pine it was born in at Kimber Park










Satellite view of the Kimber Park area

An overview of the Kimber Park area, showing the central Open Space









Would you like your own full-size poster? Contact Us and we should be able to have one printed at your expense for a reasonable donation.

What Was Decided at the December 6th City Council Meeting and What the Implications Are

Now that we’ve all had some time to relax and review the results I thought it a good time to discuss my view of what happened at the meeting. For those who could not make it, it was a pretty amazing evening. The support of the Kimber Park community, Mission Hills Tennis Club members and Tompkins Tennis was truly off the charts. I cannot recall a more electric atmosphere, charged up by an incredibly strong grass-roots Save Kimber Park (SKP) crowd of around 400 SKP supporters, wearing green, confronted by a surprisingly numerous group of development supporters.

The pro-development group had arrived early and brought large numbers of seat fillers, many who were from out-of-town. They wore red t-shirts with the slogan “Jobs for Fremont”. Among their numbers were, as proudly revealed by one of the red shirt speakers, the staff of a Milpitas commercial real estate firm. In fact a number of the red-shirts were realtors and I could not recognize any of them as Kimber Park residents.

The SKP crowd vastly outnumbered the Fremont Mission Hills (FMH) LLC crowd, by about 400 to 100.

To summarize the results, the FMH LLC wanted the new Fremont General Plan 2030 to show the club property as low-density residential. The City Council (less Suzanne Chan, who recused herself because her husband has lots of Fremont patients) and Mayor Wasserman did not allow this and agreed to change the club property as a study item for up to one year. This fell short of what the SKP group and the City Staff wanted, which was to have the new General Plan match the actual zoning for the property. But it was a step in the right direction.

Natarajan, Harrison and Wasserman thought it improper for the new General Plan to be changed to match the actual property zoning, since a housing development plan had been submitted. The decision appears to be largely political. By deferring action until sometime after the Fall 2012 elections (not assured, but quite likely given the typical approval timeline), the City Council members were able to not say no to either side and improve their future political chances. Unfortunately Council Member Dominic Dutra, a local developer who had been appointed to the City Council to fill a vacancy and who slammed the FMH LLC plan as totally inappropriate and based on bad advice, may not have plans to stay in Fremont politics.

To a member, the City Council and Mayor indicated that they will not support the current 26 home development plan, as it was described variously as a non-starter or totally inappropriate for the site. Council Member Anu Natarajan, who has a planning background, recognized that residential development is vastly different from the current zoning and went on to say that as a result approval for residential home construction will be very difficult to come by. Wasserman stated that a small development of a few houses could work on the site, but he expects the issue to be determined in court.

The gathering that evening of development supporters was described by a recent UC Political Science graduate as “astroturfing”. Please see this wikipedia article for a complete definition:

Astroturfing, perhaps more clearly defined as “rent-a-crowd”, is a form of propaganda where a few people (in this case the FMH LLC and those standing to gain financially, such as realtors and co-investors) bring employees and hired help to provide the appearance of a grassroots organization. To be fair some of the red-shirted people in attendance were probably not hired consultants or realtors.  However, I do not think anyone was fooled by this maneuver and as the evening wore on this became more and more obvious to me. In my opinion this spoke volumes to the desperation that the FMH LLC must be feeling.

They seem to have taken several lines directly from the Wikipedia article reproduced here (I hope you read at least some of the referenced article, as it is really very entertaining):

  1. Wiki: Astroturfing: In 2003, apparent “grass-roots” letters favouring Republican Party policies appearing in local newspapers around the US were denounced as “astroturf” when Google searches revealed that identical letters were printed with different (local) signatures.
  2. Wiki: Astroturfing: It has become easier to structure a commercial astroturfing campaign in the electronic era because the cost and effort to send an e-mail (especially a pre-written, sign-your-name-at-the-bottom e-mail) is so low. In our case snailmail was also used.

So when the meeting was scheduled to begin the red-shirts had managed to nearly fill the Fremont Council chambers with their numbers, locking out hundreds of SKP proponents in the overflow rooms and outdoors in the cold evening air. Council Member Dominic Dutra, seeing the unfairness of the situation, urged Mayor Wasserman to equal the chamber numbers, which was seen to.

Christina asked that those outside be allowed to walk through the chambers, as shown here.

Listen to Mayor Wasserman (3:06 in the video), as he is astounded by the number of SKP people there. The FMH LLC lawyer can be seen attempting to convince City Staff that SKP is recirculating people, when in fact some never made it in.

The subsequent SKP speeches were specific and based on tangible facts. They were given by a very diverse group, composed of people of different ethnicities and ages. They asked that the new plan match the actual current zoning, as determined by the Fremont City Staff in their thorough five-year rewrite of the General Plan. Christina brought up the possibility of a land swap, which would be a win-win for all involved, if the City is willing to provide the appropriate land.

By contrast, the FMH LLC speeches seemed to consist nearly entirely of a desire to make money off of the homes that would be built. Multiple realtors indicated that they would make lots of money off of the resulting commissions. How surprising. A report showing that the tax revenue for the City of Fremont would increase was given by a consultant (by 0.018% of the total difference in property taxes). They also openly accused the City Staff of bias and made several accusations about the character of the SKP community. The fact that the property itself is zoned private open space was never addressed.

A review of the letters to the city from both sides reflects similarly on their content. The SKP letters were typically thoughtful, thorough and individually crafted. The FMH LLC letters were nearly all form letters and included out-of-town addresses. Being nearly identical, they all say the same thing:  the city will make money and the project will bring jobs and revenue to Fremont. Compelling?

Here is what Dominic Dutra had to say following the speeches from both sides:

Council Member Dutra summarized the facts accurately. His discussion is consistent with a read of the documents, as well as the interpretation of Stuart Flashman, the SKP lawyer. The SKP legal argument is based on very strong, fundamental legal tenants of California law. Whereas the Fremont City Hall can be swayed be upcoming elections, political contributions, etc., the courts are not and any decision will be based on the cold hard facts. As summarized by Dominic, they weight very heavily in our favor.

Be prepared for something on the order of two or more years before a final decision is rendered. This estimate assumes it will take about a year before the City Planning Department is done, followed by zoning change appeals to the Planning Committee, followed by appeals to the City Council. Almost for sure this will not be completed until after the elections in November of 2012. It is very likely that this will be followed by a lawsuit, which will probably take a year or more to resolve. Take heart, as this generally works in our favor. Each month the huge mortgage on the club property plus the property tax amounts to around $35,000, which over two years is $840,000. It would be great, however, if a land swap was possible or if the FMH LLC simply ran out of money and/or interest.

I found it interesting that Mayor Wasserman says that he does not see the purchase of this property as profiteering. It is obviously a very high risk business plan, with little chance of surviving an eventual court battle. The opposition is banking on the Kimber Park and Mission Hills Tennis Club community failing to financially support the legal battle and see it through to the end. Their heavy-handed approach has brought us all closer, more resolved and more willing to dig deeply into our pocketbooks if necessary.

Thanks to all who have already offered to support the Kimber Park Open Space defense with their hard-earned dollars.

Unfortunately this summary is already too long. I hope to dissect this meeting further in another post.

Please take a look at the speeches given by Richard and Sandy Tompkins in Testimonials. What Richard and Sandy had to say took a great deal of courage to present publicly. Given what they said (coupled with the other SKP speeches), I cannot imagine our City Representatives supporting the FMH LLC, as to do so clearly places business interests over that of a long-standing, Historic Fremont Community.

With the widely differing merit and content of the two arguments presented, I personally came to the conclusion that the decision reached was not based on what was said that night, but had effectively been made before the evening began.


Take a bike ride through the public easement traversing the Kimber Park Open Space

I thought it would be good to remind everyone of the beauty of the Mission Hills Tennis Club, which is part of the Kimber Park Open Space property.

Here’s a video of a bike ride through the park:

The huge Monterrey Pines shown at the beginning of the video were used by the white-tailed kites to raise their young this year at Kimber Park.

In the background you can hear the cyclone fence being put up. This fence blocks access to the public easement which had been in use by the neighborhood for 35 or more years.

Are the deer trapped?

It appears as if at least three deer, two mature does and one immature deer are living on the Kimber Park open space, now behind a 6 foot high cyclone fence. These look to be the same deer that regularly came out at twilight when the club was open. It is also very probable that the immature deer is the one photographed earlier this year in July being nursed by its mother.

Here’s the fawn and it’s mother from July 20th of 2011.

Kimber Park native

Fawn feeds from its mother on the Kimber Park Open Space









Here’s some video of the deer taken the night a stroller first spotted them:

The question was, were they somehow coming and going from the property or were they staying behind the fence? I’ve been looking for deer tracks at likely places in the soil outside of the fence but never found any. Working off a hunch, I went over very early in the morning of November 28th, 2011. Here’s what I saw:

Brush pile

Brush pile on the Kimber Park Open Space








OK, I couldn’t resist, but you have to look very closely. Here’s a closeup of the same picture:


Hidden Deer

A deer is hidden in the brush pile








If you look closely you can see the deer creeping out of the heavy brush pile behind the trees on the old pond bed. They then came up the slope and were wary enough to focus on the click of my camera’s shutter, as shown here.


Mule deer react to the sound of the camera shutter

Three wild mule deer on the Kimber Park Open Space









The blur in the foreground is the top of the cyclone fence. This is the same fence that is shown in the Turkey post.

Apparently wildlife control says everything is fine. They report that the deer can escape. I am personally very concerned. While the adults may survive a jump over the fence, I hope they choose wisely and don’t injure themselves on the many hazards possible from such an attempt. I am also doubtful that the juvenile can jump the fence while still immature. Wildlife control says it could find one of the gaps and be able to crawl underneath the fence if the adults flee.

For the time being we can enjoy them at our leisure, as they seem to be staying. Hopefully the winter rains and plentiful morning dew will give them enough water.

Help us keep an eye on the deer and make sure that they are doing well.