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CC 12-15-20 Item No. 11 Bird-Safe Dark Sky_Written CommunicationsCC 12-15-20 #11 Bird-Safe Dark Sky Municipal Code Amendment Written Comments 1 Cyrah Caburian From:Colean Tang <coleantang@salessynergy.net> Sent:Friday, December 4, 2020 7:15 PM To:City Council; Deborah L. Feng; contact@cupertino-chamber.org Cc:Hung Wei Subject:Proposed lighting regulations CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. On December 1st, the Cupertino City Council began consideration of a Dark Sky and Bird Safe Ordinance. I don't understand why people would not see the necessity of this regulation in the community and I am surprised people can even relate this to reopening of community and economy. My friend's and my household experienced our neighbors doing all these callouts. The installation of floodlights on the outside wall of our neighbor's house "aiming" into my kids' bedrooms for 6 months and one of my kids couldn't sleep well during his senior year in high school. Even with window covering in place, the bedrooms at night are as bright like it is during the day. Best Regards, Colean Colean Tang www.salessynergy.net Principal Consultant Sales Synergy Consulting 19925 Stevens Creek Blvd, Suite 100, Cupertino, CA 95014 408‐218‐9325 coleantang@salessynergy.net However well‐intentioned, the ordinance represents a profound change in all physical aspects of the community. Such a profound change should not be considered until we can safely reopen our homes, community, and economy. 2 New regulations on public and private string lights and many more new lighting and window restrictions are not what Cupertino needs during these darkest months of the pandemic. Please adopt a public vetting process beyond legal ads and planning commission meetings to allow public input to this ordinance. Thank you. 1 Cyrah Caburian From:kathleen elliott <kae241@att.net> Sent:Monday, December 7, 2020 9:25 PM To:City Council; Deborah L. Feng; Cupertino Chamber of Commerce Subject:Proposed lighting regulations CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. On December 1st, the Cupertino City Council began consideration of a Dark Sky and Bird Safe Ordinance. I am completely in favor of this proposed Ordinance and encourage you to adopt it. My neighbors built a huge outdoor room next to our shared fence and added lighting strung from their house to the building that looks like Las Vegas at night. Huge bulbs and lots of them! They obviously did not consider the impact on wildlife and neighbors. Thank you! 1 Cyrah Caburian From:Rick Kitson <rick@cupertino-chamber.org> Sent:Friday, December 11, 2020 9:10 AM To:City Council Cc:City Clerk Subject:20201215 Letter to city council Dark Sky Bird Safe.pdf Attachments:20201215 Letter to city council Dark Sky Bird Safe.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe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yrah Caburian From:Jonathan Siu <jonathansiu@alexanderssteakhouse.com> Sent:Monday, December 14, 2020 2:49 PM To:City Council Subject:Bird Safe and Dark Sky Orinances CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it may concern, We heard the City of Cupertino is attempting to approve Bird Safe and Dark Sky Ordinances tomorrow before the City Council which may have a significant negative impact on the operation of restaurants through the Cupertino. The ordinances pose numerous risks to the vitality, success and safety of Cupertino's restaurants potentially limiting their ability to operate in the evening without significant impact. The ordinances unfairly impose restrictions on interior and exterior lighting design and operations, potentially handicapping restaurateurs' ability to operate in evening and nighttime hours. The ordinance will dictate light levels, color, direction, visibility and even potential impacts on adjacent property. It places restrictions on ambient lighting for outside patio space in restaurants during and after hours of operation and most importantly, poses significant safety concerns for visitors and employees of shopping centers/districts as common areas are prevented from being well lit later in the evening. We have hours of operation beyond the proposed 11:00pm hour restriction and would operate alongside areas of a shopping center that would be forced to turn off their lights, creating the illusion that all of the center was closed, potentially impacting business. An inviting, well‐lit shopping center is key to its productive operation. It also put us at a disadvantage to competitive properties in neighboring cities (i.e. Santana Row or Stanford Shopping Center) who are not restricted by lighting limitations. The ordinances also provide a lack of clarity around definitions and requirements that do not allow restaurants to understand how the new regulation will apply to us. Mostly importantly, the ordinances pose significant safety concerns for the visitors and employees of the shopping center as common areas are prevented from being well lit later in the evening. We believe the City should take further time to study these issues and solicit feedback from those businesses that would be impacted most by the Bird Safe and Dark Sky Ordinances. We would like to ask the City of Cupertino to delay a decision on the Bird Safe and Dark Sky Ordinances until the retail and commercial community and their patrons have had a chance to understand and provide comment on the impacts of this ordinance. Sincerely, To help protect yMicrosoft Office pautomatic downlopicture from the Jonathan Siu VP of Finance and Business Development T: 408.446.2222 E: jonathansiu@alexanderssteakhouse.com W: alexanderssteakhouse.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 1 Cyrah Caburian From:Rebecca L. Smith <reblsys@gmail.com> Sent:Saturday, December 12, 2020 6:55 PM To:City Council Subject:support bird safe and dark sky ordinance CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I Support the Bird Safe & Dark Sky ordinance. I’m a birder & wildlife rehabilitation volunteer. This bird safe & dark sky ordinance is essential for helping birds to survive. RS ‐‐ Rebecca L. Smith reblsys@gmail.com 650-369-1205 1 Cyrah Caburian From:Terry Trumbull <terryt1011@aol.com> Sent:Saturday, December 12, 2020 10:32 PM To:City Council Subject:support bird safe and dark sky ordinance CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. City Council- please support the bird safety ordinance. Terry Trumbull Endorsement Chair, League of Conservation Voters of Santa Clara County 1 Cyrah Caburian From:Shannon McEntee <shannonrmcentee@gmail.com> Sent:Sunday, December 13, 2020 8:17 AM To:City Council Subject:support bird safe and dark sky ordinance CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council Members, Please support the proposed ordinance to reduce artificial light at night. No only will birds be happier, humans will be too. Our cities have way too much illumination. Please lead the way in paying attention to science and helping turn around the unhealthy environment we unknowingly created. I hope my city will follow your leadership. Sincerely, Shannon Rose McEntee 410 Sheridan Ave. #216 Palo Alto, CA 1 Cyrah Caburian From:Guadalupe Friaz <lufriaz@att.net> Sent:Monday, December 14, 2020 9:40 PM To:City Council Subject:support bird safe and dark sky ordinance CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear council members, Pls do the right thing as far as keeping birds safe . We are all connected. Cordially, Lupe 1 Cyrah Caburian From:Fryhouse <fryhouse@earthlink.net> Sent:Tuesday, December 15, 2020 12:11 AM To:City Council; City Clerk Subject:Comments Agenda #11 birds 12/14/2020 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, Regarding Agenda #11 birds 12/14/2020. The revised ordinance proposes to exclude affordable housing projects from bird‐safe construction practices. This implies the ridiculous assumption that birds in affordable‐housing areas are worth less than birds in conventional‐ housing areas. Bird‐safe construction must apply to all construction. Please also consider the following: a) Affordable housing units are less likely to be in bird‐safe designated areas anyway because they are typically in transit areas near shopping, consequently many projects would not be affected. b) Affordable housing units are less likely to have large areas of fenestration (windows) and an over‐abundance of lighting‐fixtures as compared with conventional construction due to cost. Consequently, the additional cost for bird‐safe construction for affordable‐housing would be less than for conventional housing. c) Consider the possibility of an affordable‐housing unit being repurposed for an alternate use. Would the building require a retrofit? We need equity for birds. Affordable‐housing projects already have numerous concessions. Birds must not be one of them. Thanks, Rhoda Fry