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CC 01-19-2021 Item No. 16 Bird-Safe and Dark Sky_Written CommunicationsCC 01-19-21 #16 Dark Sky Policies Municipal Code Amendment Written Comments &\UDK&DEXULDQ )URP&RQQLH&XQQLQJKDPFXQQLQJKDPFRQQLHO#JPDLOFRP! 6HQW6DWXUGD\-DQXDU\30 7R&LW\&RXQFLO 6XEMHFW%LUG6DIH'HVLJQDQG'DUN6NLHV2UGLQDQFHV8UJHVXSSRUWRQ-DQ hd/KE͗dŚŝƐĞŵĂŝůŽƌŝŐŝŶĂƚĞĚĨƌŽŵŽƵƚƐŝĚĞŽĨƚŚĞŽƌŐĂŶŝǌĂƚŝŽŶ͘ŽŶŽƚĐůŝĐŬůŝŶŬƐŽƌŽƉĞŶĂƚƚĂĐŚŵĞŶƚƐƵŶůĞƐƐǇŽƵƌĞĐŽŐŶŝǌĞƚŚĞ ƐĞŶĚĞƌĂŶĚŬŶŽǁƚŚĞĐŽŶƚĞŶƚŝƐƐĂĨĞ͘ ŝƌĚͲ^ĂĨĞĞƐŝŐŶĂŶĚĂƌŬ^ŬŝĞƐKƌĚŝŶĂŶĐĞƐͲͲhƌŐĞƐƵƉƉŽƌƚŽŶ:ĂŶϭϵ͕ϮϬϮϭ ĞĂƌDĂǇŽƌ͕sŝĐĞͲDĂǇŽƌĂŶĚŽƵŶĐŝůŵĞŵďĞƌƐ͕ĂŶĚŝƚǇDĂŶĂŐĞƌ͗ ,ĂƉƉǇEĞǁzĞĂƌ͊/ĂƚƚĞŶĚĞĚƚŚĞŚĂŵďĞƌŽĨŽŵŵĞƌĐĞŵĞĞƚŝŶŐŽŶ:ĂŶƵĂƌǇϴĂŶĚĂƉƉƌĞĐŝĂƚĞĚDĂǇŽƌWĂƵů͛ƐǁŽƌĚƐŽĨ ĞŶĐŽƵƌĂŐĞŵĞŶƚĨŽƌƚŚĞǇĞĂƌĂŚĞĂĚĂŶĚƚŚĂƚƚŚĞŝƚǇŝƐŝŶŐŽŽĚĨŝŶĂŶĐŝĂůƐŚĂƉĞĚĞƐƉŝƚĞƚŚĞƉĂŶĚĞŵŝĐ͘/ĂƉƉůĂƵĚƚŚĞ DĂǇŽƌ͛ƐĐŽŵŵŝƚŵĞŶƚƚŽ>ĂǁƌĞŶĐĞͲDŝƚƚǇǁŚŝĐŚĂĚĚƐƉĂƌŬƐƉĂĐĞƚŽƚŚĞŝƚǇ͘ ƐƚŚĞŝƌĚͲ^ĂĨĞĞƐŝŐŶĂŶĚĂƌŬ^ŬŝĞƐKƌĚŝŶĂŶĐĞƐǁĞƌĞĚŝƐĐƵƐƐĞĚ͕ĂŶƵŵďĞƌŽĨƋƵĞƐƚŝŽŶƐǁĞƌĞƌĂŝƐĞĚďǇďƵƐŝŶĞƐƐĞƐƚŽ ƵŶĚĞƌƐƚĂŶĚƚŚĞĚĞƚĂŝůƐŽĨŚŽǁƚŚĞŶĞǁƌĞŐƵůĂƚŝŽŶƐǁŽƵůĚǁŽƌŬ͘ƐĂŶĂĚǀŽĐĂƚĞĨŽƌďŝƌĚƐ͕/ǁĂƐŚĞĂƌƚĞŶĞĚďǇŵĂŶǇ ďƵƐŝŶĞƐƐĞƐǁŚŽƐƚĂƚĞĚƚŚĂƚƚŚĞǇƐƵƉƉŽƌƚĞĚƚŚĞŐŽĂůƐŽĨƚŚĞŽƌĚŝŶĂŶĐĞƐ͕ďƵƚǁĂŶƚĞĚƚŽŐĞƚĂĨĞǁĂŶƐǁĞƌƐĂďŽƵƚĚĞƚĂŝůƐ ƚŚĂƚĂĨĨĞĐƚƚŚĞŝƌďƵƐŝŶĞƐƐĞƐ͘ WŝƵ'ŚŽƐŚĂŶĚƌŝĐŬ^ĞƌƌĂŶŽΖƐƉƌĞƐĞŶƚĂƚŝŽŶƐǁĞƌĞĞǆĐĞůůĞŶƚ͕ĐŽǀĞƌŝŶŐƚŚĞĚĞƚĂŝůƐƚŚĂƚďƵƐŝŶĞƐƐĞƐĂƌĞĐŽŶĐĞƌŶĞĚĂďŽƵƚ͕ ǁŝƚŚŐŽŽĚĂŶƐǁĞƌƐĨŽƌƚŚĞŝƌƋƵĞƐƚŝŽŶƐ͘/ƚǁĂƐŐŽŽĚƚŽŚĞĂƌƚŚĂƚƵƉĞƌƚŝŶŽŝƐƚĂŬŝŶŐƚŚĞƐĞƐƚĞƉƐĨŽƌŝƚƐŽǁŶĐŝƚǇƉƌŽũĞĐƚƐ ĂŶĚƐƚƌĞĞƚůŝŐŚƚŝŶŐ͕ƚŽŽ͘dŚĞKƌĚŝŶĂŶĐĞƐĂƌĞƌĞĂƐŽŶĂďůĞ͘dŚĞŽƌĚŝŶĂŶĐĞƐĂƌĞƐƚƌŽŶŐĨŽƌďŝƌĚƐĂĨĞƚǇĂŶĚŚƵŵĂŶƐĂĨĞƚǇ͕ ǁŚŝůĞůĞĂǀŝŶŐĨůĞǆŝďŝůŝƚǇĨŽƌŶĞĞĚƐŽĨďƵƐŝŶĞƐƐĞƐĂŶĚƌĞƐŝĚĞŶƚŝĂůŽǁŶĞƌƐ͘ KŶĞĚŝƐĂƉƉŽŝŶƚŝŶŐǀŽŝĐĞƌĞƉƌĞƐĞŶƚŝŶŐĂůĂƌŐĞďƵƐŝŶĞƐƐǁĂƐƚŚĂƚŽĨZĞĞĚDŽƵůĚƐĨƌŽŵ^ĂŶĚ,ŝůů͘,ĞƐĂŝĚƚŚĂƚĞĂĐŚƉĞƌƐŽŶ ĂƚƚŚĞŵĞĞƚŝŶŐĚŝĚŶ͛ƚŶĞĞĚƚŽƐĂǇƚŚĞǇƐƵƉƉŽƌƚĞĚďŝƌĚƐďĞĨŽƌĞƚŚĞǇƐƉŽŬĞ͕ĂŶĚƚŚĞŶƐƚĂƚĞĚŚŝƐƋƵĞƐƚŝŽŶƐ͘ /ĚŽŶŽƚĂŐƌĞĞ͘ĂĐŚƉĞƌƐŽŶĚŽĞƐŶĞĞĚƚŽƐƉĞĐŝĨŝĐĂůůǇ͕ŽƉĞŶůǇĂŶĚƐƚƌŽŶŐůǇƐƚĂƚĞƚŚĞŝƌƐƵƉƉŽƌƚĨŽƌƚŚĞďŝƌĚƐŝŶŽƵƌ ŝƚǇ͘&ŽƌƚŚĞĂƌŬ^ŬŝĞƐKƌĚŝŶĂŶĐĞ͕ĞĂĐŚƉĞƌƐŽŶŶĞĞĚƐƚŽƐƉĞĐŝĨŝĐĂůůǇ͕ŽƉĞŶůǇ͕ĂŶĚƐƚƌŽŶŐůǇƐƚĂƚĞƚŚĞŝƌƐƵƉƉŽƌƚĨŽƌƚŚĞ ŚƵŵĂŶƐŝŶŽƵƌĐŝƚǇ͕ƚŽŽ͘/ǁĂƐĚŝƐĂƉƉŽŝŶƚĞĚďĞĐĂƵƐĞZĞĞĚDŽƵůĚƐŚĂĚĞǆƉƌĞƐƐĞĚƐƵƉƉŽƌƚĨŽƌŝƌĚͲƐĂĨĞĞƐŝŐŶĂƚĂŶ ĞĂƌůŝĞƌƉŽŝŶƚŝŶĚŝƐĐƵƐƐŝŽŶƐĂďŽƵƚƚŚĞsĂůůĐŽƉƌŽũĞĐƚ͘'ůĂƐƐŝƐĞǆƉĞŶƐŝǀĞ͘ŝƌĚͲƐĂĨĞŐůĂƐƐĚŽĞƐŶŽƚĂĚĚĂƉƉƌĞĐŝĂďůǇƚŽƚŚĞ ĐŽƐƚĨŽƌĂƉƌŽũĞĐƚ͘WĞƌŚĂƉƐƵƐĞůĞƐƐŐůĂƐƐ͍ŽŶƐŝĚĞƌŝŶŐƚŚĂƚ^ĂŶĚ,ŝůůǁŝůůďĞďƵŝůĚŝŶŐƚŚĞůĂƌŐĞƐƚƚŽǁĞƌƐŝŶƵƉĞƌƚŝŶŽ͕ŝƚ ŝƐĐƌŝƚŝĐĂůƚŚĂƚŝƚƐĂǁĂƌĚͲǁŝŶŶŝŶŐĚĞƐŝŐŶĞŵďƌĂĐĞƐŝƌĚͲ^ĂĨĞĞƐŝŐŶĂŶĚĂƌŬ^ŬŝĞƐůŝŐŚƚŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐ͘ ĂŵĂŐĞŽĨůŝŐŚƚƉŽůůƵƚŝŽŶŝƐŶŽƚƌĞƐƚƌŝĐƚĞĚƚŽŽƵƌďŝƌĚƐ͘KƵƌďŝƌĚƐĂƌĞůŝƚĞƌĂůůǇƚŚĞ͞ĐĂŶĂƌŝĞƐŝŶƚŚĞĐŽĂůŵŝŶĞƐ͕͟ĂůĞƌƚŝŶŐƵƐ ƚŽƚŚĞĚĂŶŐĞƌƐŽĨůŝŐŚƚƉŽůůƵƚŝŽŶŽŶŚƵŵĂŶďĞŝŶŐƐ͘dŝŵĞůŝŵŝƚƐ͕ďĂŶŽŶƵƉůŝŐŚƚŝŶŐĂŶĚƵƐĞŽĨůŝŐŚƚƐƌĂƚĞĚĂƚŽƌůĞƐƐƚŚĂŶ ϮϳϬϬ<ĞůǀŝŶĂƌĞŬĞǇƉŽŝŶƚƐ͘ƐŵĂŶǇŽƚŚĞƌůĂƌŐĞďƵƐŝŶĞƐƐĞƐƐƵĐŚĂƐ&ĂĐĞŽŽŬ͕ŝŶŽƵƌƌĞŐŝŽŶŚĂǀĞĚŽŶĞ͕ƵƉĞƌƚŝŶŽΖƐůĂƌŐĞ ďƵƐŝŶĞƐƐƉĂƌƚŶĞƌƐŶĞĞĚƚŽĞŵďƌĂĐĞƚŚĞĨƵƚƵƌĞ͕ĨŽƌŽƵƌďĞĂƵƚŝĨƵůďŝƌĚƐĂŶĚĨŽƌƵƐŵŽƌƚĂůŚƵŵĂŶƐ͘ Ɛ/ŚĂǀĞƵƌŐĞĚŵĂŶǇƚŝŵĞƐ͕ŝŶĐŽŵŵƵŶŝƚǇŵĞĞƚŝŶŐƐ͕WůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶŵĞĞƚŝŶŐƐ͕ĂŶĚŝƚǇŽƵŶĐŝůŵĞĞƚŝŶŐƐ͕/ƵƌŐĞ ǇŽƵ͕ĂŐĂŝŶ͕ƚŽƐƵƉƉŽƌƚƵƉĞƌƚŝŶŽ͛ƐŝƌĚͲ^ĂĨĞĞƐŝŐŶĂŶĚĂƌŬ^ŬŝĞƐKƌĚŝŶĂŶĐĞƐƚŚĂƚǁŝůůĐŽŵĞƚŽǇŽƵŽŶ:ĂŶϭϵ͕ ϮϬϮϭ͘DĂŶǇƌĞƐŝĚĞŶƚƐƐƵƉƉŽƌƚƚŚĞƐĞŽƌĚŝŶĂŶĐĞƐ͕ĂŶĚŚĂǀĞƐƉŽŬĞŶƚŽŽƵŶĐŝů͘dŚĞƐĞĂƌĞĞǆĐĞůůĞŶƚŽƌĚŝŶĂŶĐĞƐ͘dŚĞǇ ĐŽŶƚŝŶƵĞƵƉĞƌƚŝŶŽ͛ƐůĞĂĚĞƌƐŚŝƉŝŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͘dŚŝƐŽƵŶĐŝůĐĂŶůĂǇĚŽǁŶĂŵĂƌŬĞƌƚŽƚŚĞĐŽŵŵŝƚŵĞŶƚŽĨĂǁĞůůͲ ƌƵŶĐŝƚǇƚŚĂƚƌĞĐŽŐŶŝǌĞƐƚŚĂƚŽƵƌĞŶǀŝƌŽŶŵĞŶƚĂůĨƵƚƵƌĞďĞŐŝŶƐŶŽǁ͘ ^ŝŶĐĞƌĞůǇ͕ ŽŶŶŝĞ>͘ƵŶŶŝŶŐŚĂŵ ^ĂŶƚĂůĂƌĂsĂůůĞǇƵĚƵďŽŶ^ŽĐŝĞƚǇŵĞŵďĞƌ ƵƉĞƌƚŝŶŽƌĞƐŝĚĞŶƚŽĨϯϰǇĞĂƌƐ 1 Cyrah Caburian From:Sean Hughes <jxseanhughes@gmail.com> Sent:Monday, January 18, 2021 12:16 PM To:City Clerk Subject:Public Comment RE: Dark Skies & Commissioner Handbook Updates Attachments:Politicization of the Bureaucracy_Lewis.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. Hello, I would like to provide public comment on two issues (Agenda item 16 and 17) in the upcoming City Council meeting on January 19, 2021. In summary, I would like to express support for dark sky ordinances for positive benefits on both human and environmental health. In addition, I would like to express concern over the lack of standardization within the Commissioner appointment process and inter‐commission procedure within the proposed Commissioner Handbook updates. My full comments are below: First, regarding Agenda item 16, the "Municipal Code Amendments to adopt lighting regulations to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky. (Application No. MCA2019‐003; Applicant: City of Cupertino; Location: City‐wide)", I want to voice support for the adoption of both these updates to the municipal code with the goal of reducing impact on migratory bird species and human health impacts from increased lightning at night. I hope that the adoption of these updates can be finished expeditiously, as it is my understanding that there have been some delays and deliberation than initially anticipated and encourage the council. Second, regarding Agenda item 17, approval of the updated Commissioner's Handbook, I am deeply concerned regarding the lack of detail around the appointment process and inter‐commission behavior. Derived from section 5 of the proposed Handbook*, the purpose of Commissioners is to act as advisors, as a means to provide City Council with consolidated recommendations distilled from public input via Commission activities. Ostensibly, this means that our commissions and commissioners are a means to provide greater access to the public's opinion and state of affairs "on the ground" regarding specific issue‐areas. However, the lack of a formal, documented process to govern in the appointment of commissioners and the behavior of commission chairs and members is antithetical to the commission's purpose in City Council policy formation. The lack of standardization on the appointment process and commissioner behavior within the Handbook, makes Commissioners and Commissions poor tools to represent public opinion and our residents' lived realities. Whether it is documented within the Handbook, or within another City document, there should be a formal procedure for Commissioner appointment which encompasses similar best practices used in the private sector to attempt to reduce biases in the selection process. For example, during Commissioner interviews, there should be standard questions asked of every applicant. Any extraneous or discretionary questions asked by City Council members should have a time‐limit, to ensure that one line of questioning does not dominate or unfairly disadvantage one applicant over another. In addition, especially now given remote interview processes, City Council could opt for having audio‐only 2 interviews, as a candidates' appearance should have no relevance to their ability perform their duties as a Commissioner. Specific recommendations aside, in general, there should be much more regime and outlined procedure within these bodies. For example, section 5 of the proposed handbook dictates that the chair "solicit opinions of the commissioners...[but]...discourage overly dominant commissioners from having disproportionate control over the discussion.". This statement is far to vague and suggestive for a government document. It should either be dropped or replaced with instructions on commission behavior ‐ for example: rules around a single medium for deliberations and solicitation of public input, quantitative measures on commissioner contributions (so it is a subjective judgement of what is "disproportionate control"), and generally favoring less subjective judgements in favor of objective measures and outcomes when possible. Appointment processes are crucial tools in the function of government, while also being intrinsically vulnerable to adverse selection and poor performance in terms of outcomes for the public good**. Having a fairer appointment process also encourages more faith from the public that our city commissions are actually good conduits for submitting input and informing policy development. Turnover in the BikePed commission shows an example where this is not the case, and anecdotally, left some followers disenchanted and disengaged when new leadership did not reflect interest in the very goals of the commission itself. Thoughtful design of the commissioner appointment process helps ensure we have the most effective government, and commissions that actually comprise of individuals which are representative cross‐sections of the public, and not just echo‐chambers for city council members. Thank you, Sean *"...primary purpose of the City’s commissions is to serve as advisory bodies to Council by weighing public input and rendering recommendations to the City Council" **One such exploration of the pros and cons of government appointed positions is outlined in the attached paper "Politicization and Performance: The Case of the Federal Emergency Agency" by DE Lewis (2010). 1 Cyrah Caburian From:Mark Baker <mbaker@softlights.org> Sent:Monday, January 18, 2021 8:13 PM To:City Council Cc:Kirsten Squarcia; Erick Serrano; Piu Ghosh Subject:Item 16 on the Jan. 19, 20201 Agenda: Dark Sky ordinance Attachments:Cupertino January 18.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. Dear Cupertino City Council, Please find attached our comments regarding Item 16, 2700K color temperature maximum, on tomorrow's agenda. Sincerely, Mark Baker, B.S.E.E. Soft Lights mbaker@softlights.org www.softlights.org Facebook: Soft Lights Twitter: @softlights_org January 18, 2021 2700 Kelvin Maximum Subject: Item 16 on the January 19, 2021 Agenda: Dark Sky ordinance Dear Cupertino City Council, Soft Lights is an advocacy group dedicated to educating decision makers about the harms of LED lights and light pollution. Cupertino's lighting ordinance is a great step forward and shows true leadership. We expect that Cupertino’s light pollution and darkness protection regulations will spur other cities to do the same. For this reason and others as listed below, we strongly encourage the city to retain the value of 2700 Kelvin as the maximum allowable color temperature. Health The reason to specify a color temperature maximum is to protect human health. Therefore, the decision as to which value should be selected (1700K, 2200K, 2700K, 3000K, 4000K, 5000K) for a maximum must be based on how artificial light and especially blue wavelength light adversely affect human health. Medical professionals and researchers warn us that artificial light causes significant increases in mood disorders and prostate and breast cancer. Blue wavelength light increases these risks and therefore the researchers in the medical field recommend having zero or very close to zero blue wavelength light. Recommending an increase in color temperature maximum runs counter to advice from the health professionals. If anything, the council should be considering whether to set 1700K or 2200K as the maximum safe color temperature. California Energy Commission The California is currently taking input for Year 2022 Building Codes for Title 24, Part 6. The CEC is poised to select 2700K as the maximum color temperature. While the CEC is still debating this issue, it would be wise for Cupertino to select 2700K to be in line with possible CEC restrictions. Cave Creek The city of Cave Creek, Arizona was one of the first cities in the nation to select 2700K as the maximum allowed color temperature. There have been no reported adverse effects from setting this standard. Americans with Disabilities Act The ADA prohibits discrimination against people with light sensitivity. About 20% of the population are diagnosed with autism, PTSD, migraine sufferers, epilepsy, electro-magnetic sensitivity, lupus, as a Highly Sensitive Person or another photophobia. 2700K is the maximum safe limit for most sensitive receptors and most sensitive receptors prefer 2200K. It would be a violation of the ADA to knowingly allow 3000K when this high color temperature is known to harm and discriminate against sensitive receptors. International Dark Sky Association The IDA still lists 3000K as the maximum recommended color temperature, but they are working on a revision to this value. The IDA does not have a deadline set for when they will announce the change, but the value will be lower than 3000K. Therefore, Cupertino should also select a color temperature maximum that is less than 3000K. Produce Availability We disagree completely with the assertion that there are limited choices for business that are less than 3000K. Enter “2700K” into a web search engine and the search will return thousands of choices. We request that the council request Staff the provide specific proof that 2700K is not readily available. Darkness is a fundamental necessity for nearly all biological life, including humans. We must be exceedingly careful when polluting the darkness with artificial light. We therefore encourage the city council to retain the 2700K maximum for all outdoor lighting. Sincerely, Mark Baker, B.S.E.E. Soft Lights mbaker@softlights.org www.softlights.org Facebook: Soft Lights Twitter: @softlights_org 1 Cyrah Caburian From:Shani Kleinhaus <shani@scvas.org> Sent:Tuesday, January 19, 2021 11:50 AM To:City Council Cc:Piu Ghosh; Erick Serrano; Kirsten Squarcia; Dashiell Leeds; James Eggers; Matthew Dodder Subject:SCVAS and SC: Bird safety and Dark Sky (Items 13 and 16 on your agenda tonight) 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. January 19, 2021 Dear Mayor Paul, Vice Mayor Chao and Cupertino Council Members On behalf of the Santa Clara Valley Audubon Society and the Sierra Club Loma Prieta Chapter we thank you for the extensive discussion of Bird Safety and Dark Sky. We encourage Cupertino to move ahead and adopt the two ordinances. We appreciate staff’s work on these ordinances, but request that you reject the proposed modification to lighting requirements. In this letter, we provide information on Items 13 and 16 on your agenda tonight, and on our request: Item 13: Second reading of Ordinance No. 20-2219 adopting Municipal Code Amendments to CMC to adopt bird safety development regulations to implement the Fiscal Year 2020/21 City Council Work Program items related to bird safety. We would like to draw your attention to the hot-off-the press publication by the American Bird Conservancy titles “Glass Collisions Products and Solutions Database” which includes dozens of products for building professionals and for homeowners, for new construction and for retrofits.   https://abcbirds.org/glass-collisions/products-database  In addition, the ordinance provides flexibility in allowing the use of window muntins and screens and allowing alternative recommendations by biologists. We believe there is adequate flexibility in bird-safe solutions for homeowners and hope the ordinance will sail though second hearing tonight. Item 16: Municipal Code Amendments to adopt lighting regulations to implement the Fiscal Year 2019/20 City Council Work Program items related to Dark Sky. We urge you to:   Retain the  2700K requirement for outdoor lighting.  Staff proposes changing the heat temperature to 3000K, based on existing dark sky ordinances, and availability of lighting fixtures and lamps. 2 We asked a landscaping architect, a lighting designer and a construction electrician about the availability of lighting fixtures and lamps, and they all disputed the suggestion that there are serious restrictions on selection and availability. They compared the choice of heat temperature to the choice of the model and the color of a new car, where the availability of models is vast, and the cost is similar no matter what color is chosen. A homeowner who recently installed 2700K outdoor lighting told us that the selection was somewhat different, but it was “not a big deal”. Increasingly, scientific evidence implicates cold lighting (>2700K) in a plethora of ecological disruptions and human health issues. We hope that Cupertino will continue demonstrating the City’s environmental leadership and set an example in requiring a maximum of 2700K.   Limit interior  window display lighting for retail uses  Migratory birds fly at night, and many alight and find a place to rest in the predawn hours. Since many migratory birds are attracted to light, turning the lights off helps them avoid the urban core and avoid the hazards associated with it (lack of food and water, collision with buildings). We are not opposed to extending the hours when interior window display lighting for retail uses can remain illuminated in hours when people are active, but please limit this extension to those hours and ensure that by 2AM at the latest, the lights are turned off. We also would like to bring to your attention some very recent media stories regarding light pollution and efforts to dial it back. These are just from this last week! The pervasiveness of light pollution is now almost daily nesa, and Cupertino is not alone looking to address the issue. Your leadership is desperately needed in the Bay area and beyond. - https://www.dw.com/en/light-pollution-the-dangers-of-bright-skies-at-night/a-56209536 (January 14, 2021) - https://www.abc.net.au/news/2021-01-15/wa-housing-developments-may-be-forced-to-adopt-light- policy/13061130 (January 15, 2021) ‐ https://www.denverpost.com/2021/01/17/colorado‐dark‐skies‐preservation/ (January 18, 2021) We appreciate your consideration of our comments. Thank you, Shani Kleinhaus, Environmental Advocate, Santa Clara Valley Audubon Society Dashiell Leeds, Conservation Assistant, Sierra Club Loma Prieta Chapter 1 Cyrah Caburian From:Rick Kitson <rick@cupertino-chamber.org> Sent:Tuesday, January 19, 2021 9:07 AM To:Kirsten Squarcia; City Council Subject:Re Item #16: Dark Sky Letter from the Cupertino Chamber of Commerce Attachments:20210116 Dark Sky.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. To the Cupertino City Council regarding item 16, on the January 19, 2021 agenda. !"+'%+$* *&')!$% " ,,,*&')!$% #'%' &#%",*) !-*)!+!' &&!%'(!$) &'(#'$# $!#' # )"*(+')##!)()'(!$) #-$!! %,"''&''(!$)") )%&(#$ $(! "+!)&)!'(!$)!$$ $& %!' 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(+32+(0#! * "1((5/$%!( ! •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yrah Caburian From:Jim Moore <maxcinco@comcast.net> Sent:Tuesday, January 19, 2021 3:04 PM To:City Council Cc:City Clerk; Cupertino City Manager's Office; City Attorney's Office; Sue Moore Subject:1/19/2021 Agenda Items #13 and #16,: Ordinances #20-2219 and #21-2221 need modifications before passing 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 Mayor Paul, Vice Mayor Chao, and council members Willey, Moore, and Wei, As a 45-year resident of Cupertino and lover of all animals and birds (except gophers and crows), I applaud the objective of each of these proposed ordinances. Each ordinance, however, needs modifications before passing. Sue and I are members of the Santa Clara Valley Audubon Society. We follow its bird safety and dark sky recommendations, and have immense respect and trust in Shani Kleinhaus, its local environmental advocate. We joined the Friday, 1/15, Zoom meeting to hear Shani's presentation on current recommendations and stayed for the Q&As. Peggy Griffin and Lisa Warren participated along with other residents. I have thoroughly reviewed Peggy's e-mailed suggested modifications of 1/17/2021, 2:51PM, and fully agree with her detailed analyses and specific recommendations. Please send these ordinances back to City Staff to clarify their currently imprecise terminology, and to rethink and redo the exceptions. One exception which defies my critical thinking skills is the exclusion of first floor commercial store fronts up to 15'. Why is this even being 2 considered for an exemption? How will birds tell the difference between commercial store front glass and residential or office building glass? 4. Exemptions: The following are exempted from subsection 19.102.030(B): a. Any historic structure, either as set forth in the General Plan Figure LU-3 Historic Resources or listed on the State or National Historical Registers; and b. First floor commercial storefronts, up to a height of 15’. Thank you for your service to Cupertino. Jim Moore, Resident volunteer Virus-free. www.avg.com