PSC 11-13-2014CUPERTINO PUBLIC SAFETY COMMISSION
REGULAR MEETING MINUTES
Thursday, November 13, 2014, 6:00 p.m.
Cupertino City Hall, Conference Room A
I. CALL TO ORDER
Commissioner Huang called to order the regular meeting of the Cupertino Public Safety
Commission at approximately 6:00 p.m. on Thursday, November 13, 2014 in the Cupertino City
Hall, Conference Room A, located at 10300 Torre Avenue, Cupertino, California 95014.
II. ROLL CALL
Commissioners Present: Andy Huang
Robert McCoy
Gerald Tallinger
Steven Michael Jerbic
Commissioners Absent: Bob Cascone
Staff Present: Captain Ken Binder, Santa Clara County Sheriff's Office
Staff Absent: Battalion Chief Gary Cocroft, Santa Clara County Fire Department
Others Present: Kuo-wei Chang, William Chan (Vice -Chair Bicycle -Pedestrian
Commission), Savita Vaidhyanathan (City Council elect), Peter Martin,
Mr. Zhou (a reporter from the Work Journal), Mr. Zheng, Ms. Aberg, Yin -
ping Zhao, Hui Zng, Kristen Lyn (CUSD School Board Elect)
III. ORAL COMMUNICATIONS
There are no oral communications to discuss at this regular meeting.
IV. WRITTEN COMMUNICATIONS
There are three written communications to review. The first is from Tom Sanford, Director of Safety
and Emergency Services at Verona Montebello Homes. On November 9, 2014, a fire alarm was
triggered due to the activation of a sprinkler in a third floor unit. Battalion Chief Cocroft
coordinated firefighters on scene and used extra equipment and outside resources to backfill them
so that the water was shut off and cleaned out of the three floors as quickly as possible. Mr. Sanford
expresses gratitude to B.C. Cocroft, and the firefighters of Engine 1 and Truck 1, for minimizing the
water damage and displaying such care and professionalism. B.C. Cocroft appreciates the thanks,
but qualifies that all measures taken where standard operating procedures.
The second written communication comes from Liang Fang Chao at McFarland Place in Cupertino.
It is an email sent to City Manager David Brandt and forwarded to Captain Binder, urging that
there should be no big -rig trucks on residential streets with bicycle routes. If the big trucks must be
allowed, she suggests requiring them to travel 10 miles per hour less than the speed limit, and to
require extra slowing before any turns. She points out that children ride bicycles not just to and
from school, but also to the library, after school jobs, extracurricular activities, and friends' houses.
Other ideas include requiring companies to send smaller trucks for residential area deliveries and
installing rear view video cameras on trucks so that drivers may avoid blind spots.
The third written communication is from the Principal of Faria Elementary School, Allison Luvara.
She states that the school site council would like to know how to request a crossing guard study.
Captain Binder says he has forwarded this question to Roger Lee who manages the crosswalk
budget and crossing guard usage in Cupertino.
V. APPROVAL OF MINUTES
1. October 9, 2014
ACTION: YES
VOTE: YES
MOTION: TALLINGER SECONDED: MCCOY 4 to 0
Commissioner Jerbic motioned to approve the minutes of October 9, 2014, with some
corrections; Commissioner McCoy seconded the motion; votes taken, all in favor to approve the
minutes of October 9, 2014 with the following corrections:
a. Page 2, VI. (1) "Commissioner [Tallinger] reports speaking with Toby
Smith... Commissioner Huang instructs Commissioner Jerbic to send an email
response to the requestor [Sarita Mallya, copying Captain Binder and
Commissioner Huang. Commissioner Tallinger will follow up with Toby Smith
on the progress of the project.] Commissioner McCoy..."
b. Page 5, VIII. (2) "There was another "swatting" incident on [Lindy] Lane, in
which..."
VI. OLD BUSINESS
1. Discussion of Walk/Bike/Carpool to School (WBQ project (all), the Boltage program
(Tallinger), and Surveys to Schools (All)
Commissioner Tallinger contacted Saratoga Public Works regarding the "Saratoga Schools
Traffic Calming Program", asking for feedback on their results. The report was authored in
2003, and he is awaiting a response with supporting documentation. He also reports hearing
through Leslie Reed that the bike rack project at Kennedy Middle School is already completed.
He then points out that upon initial review of the Survey to Schools data for this last spring, he
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counted only four schools that returned the completed surveys. Captain Binder says that he has
noticed interest among schools wane, although the cover letter that was attached one time
created more interest and may be worth doing again. He suggests that maybe the
commissioners should deliver the surveys directly to their assigned schools next time and
follow-up to ensure completion. They discuss when to schedule the next Survey, and the first
week of December is agreed upon. Commissioner Tallinger offers to create a promotional list
and instructions, adding that it doesn't matter which three days each teacher picks to survey the
students, as long as the surveys are completed and returned.
Commissioner Tallinger says that he took a poll at the recent Teen Commission and all were in
favor of promoting the WBC program in mid -March. He also intends to help them put together
a kit for the schools so they can host events as they wish. Eaton Elementary, for example, would
like to hold the event four times a year. Regarding the Boltage program, Commissioner
Tallinger reports speaking with Mayor Gilbert Wong about the refusal at Lincoln Elementary to
reinstate the program and indicates the Mayor will try to change their minds. Next,
Commissioner Tallinger intends to speak with Hyde Middle School about starting a Boltage
program there, possibly transferring a Boltage machine from Lincoln. He also wants to find out
if Kennedy Middle School has retained interest in maintaining Boltage, and to check if Boltage
is still desired at Regnart Elementary School. He has had no response yet from the Boltage
Company about testing the equipment at Lincoln to make sure it still works.
Commissioner Jerbic spoke with Principal Diane Prystas, at Stevens Creek Elementary School,
who said that driving children to school is the accepted norm. There is no movement to find
alternatives, but there is a significant problem with parent drivers not respecting the rules and
even blocking neighbors' driveways. She requests more education and enforcement, assigning
Secretary Raquel Freudenstein as the designated point of contact. Captain Binder agrees to have
the Traffic Sergeant contact her.
Commissioner Huang reports that Faria Elementary School is submitting a WBC grant request
for an upcoming WOW event. He then presents research Commissioner McCoy completed
which compares the age limit for riding bicycles on the sidewalk with neighboring cities and
states. San Jose has no age limit, but stipulates no bikes on the sidewalk within the business
district. San Francisco has an age limit of 13, Chicago and New York 12, and Idaho draws the
line at children under 16. Oakland has no age limit but limits the wheel diameter to 20" when
biking on the sidewalk and Georgia disallows bikes on sidewalks completely. Commissioner
Huang asks his fellow commissioners if all are still comfortable with the PSC's recommended
age limit change from 10 to 14 years old, and they all agree. He says that the Bicycle -Pedestrian
Commission will consider the recommendation next, and then the City Council will make a
decision. Commissioner McCoy asks whether a time frame should be added to the
recommended change, Commissioner Tallinger suggests to and from school but Commissioner
Jerbic questions whether it is necessary. Captain Binder interjects that perhaps the direction of
travel should be stipulated, so bikes travel the same direction as the flow of traffic.
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ACTION: YES
VOTE: YES
MOTION: JERBIC SECONDED: MCCOY 3 to 1
Commissioner Tallinger motions to modify the previously recommended change to the
Cupertino Municipal Code 11.08.180 Exemptions, to include a stipulation that children must
ride bicycles with the flow of traffic, as added below in bold black, underlined and italicized
font; Commissioner McCoy seconded the motion; votes taken, all in favor except Commissioner
Tallinger to modify this recommended change to Code 11.08.180 Exemptions as follows:
"Children under the age of ten years and children under the age of fourteen years who are
traveling to and from school shall be exempt from the provisions of Section 11.08.160;
provided that the exemption shall not apply to children under the age of ten years and
children under the age of fourteen years who are traveling to and from school who fail to
exercise, or are incapable of exercising, due care for the rights and safety of all others
using any sidewalk or pedestrian path; provided that children ride bicycles with the
flow of traffic on the street; and provided further, that in any event the exemption shall
not apply to the operation of bicycles on any sidewalk or pedestrian path in front of any
business or commercial establishment."
Commissioner Huang opens the topic to public input among the visitors in attendance. One
visitor comments that on the state drivers' test, it references a rule that one must walk facing
traffic in some conditions to better see oncoming traffic. Sometimes, it is also safer for children
to go against traffic because they cross through fewer traffic lights. Another visitor agrees,
saying that about 95% of students walking or biking to Kennedy face traffic because it is a safer
route with fewer intersections to cross. Another visitor asks about safe �d3SOl{ =eUbett ear drivers
and bicyclists on the road. Captain Binder answers that a new law seed in September in
California that requires three feet distance if possible when motorists are passing bicyclists. If
there is less than that, the motorist must slow to a safe passing speed. A different visitor
suggests moving the garbage pick-up days to the weekend when students are not in school
because garbage trucks block the bike lanes and create unsafe conditions. Commissioner Huang
thanks the visitors for their input, closes the discussion, and asks for the motion to be read
again. Votes are then taken with only Commissioner Tallinger voting against because he does
not think children should have to cross the street just to travel in the same direction as street
traffic.
William Chan of the Bicycle Pedestrian Commission offers that he was the last Lincoln parent to
oversee the Boltage program and can answer the questions raised by the PSC about it. He states
that Lincoln School and the School District did not want to spend the money to maintain the
Boltage program. Since participation was very low, they could not secure ongoing funding, and
the machine placement was such that everyone walked past it anyway making the data
meaningless, they decided to discontinue the program. He adds that the principal has nothing
against encouraging students to walk or bike to school, despite such rumor. He is not sure who
owns it, city or school district, but encourages the PSC to move it to another school that could
use it. Commissioner Tallinger asks for the number data, without personal information, so he
can analyze it directly. Mr. Chan agrees to send him the old data, but says there was no data
before the Boltage program began, and the numbers have stayed the same since the program
ended if evidenced by the same number of bicycles occupying the bike racks. He emphasized
that students had their tags zapped by the machine whether they walked/biked to school or
were dropped off by a car, so the program just did not make sense at that school.
2. Discuss participation in the Alert SCC Program, the CAS Program, and the Pulse Points App
(Huang/McCoy)
ACTION: YES
VOTE: NO
MOTION: N/A SECONDED: N/A 0 to 0
Commissioner Huang reports that the sign-up total for CAS has surpassed the sign-up total for
the City's Facebook page by 100. He credits the commissioners attending all public events in the
last two months for the surge in registrants. Commissioner Tallinger offers to put the sign-ups
he has received into an Excel spreadsheet and email it to Commissioner Huang for easy upload.
Commissioner Tallinger asks Commissioner Huang whether he asked Mayor Wong to follow-
up on approving the AlertSCC MOU. Commissioner Huang answers that he emailed Mayor
Wong and will reach out to him again.
Commissioner McCoy reports a CPR request that came out through the PulsePoints App at the
beginning of November. Five people including him were notified, but fire engines were already
on scene when he arrived. Commissioner Huang adds that the PulsePoints Organization was
nominated by the Red Cross for the Hero's Award, which they received at the ceremony
recently held at the Tech Museum.
VII. NEW BUSINESS
The commissioners open discussion on the topic of closing commercial vehicle traffic around
schools. Commissioner Tallinger says possible action items were discussed at the special
meeting on November 6 and the City Council is following up to prioritize them. Commissioner
Jerbic reports that he asked whether the PSC could be involved in that process, but Mayor
Wong said that City Staff is working on it and suggested the PSC communicate through their
City Liaison, Captain Binder. Commissioner Jerbic was asked to relay the message that the City
Council is currently working on the issue. Commissioner Huang states that the PSC will gather
public input from the visitors in attendance to pass on to the City Council.
Captain Binder states the municipal code regulates commercial traffic, requiring commercial
vehicles to remain on designated truck routes, except for specific deliveries or pick-ups.
Commissioner Tallinger asks if there is a public map of truck routes. Commissioner McCoy
mentions that it can be found in the public ordinances. Captain Binder states the City Staff will
give a presentation in December with recommendations, and then the City Council will
prioritize and set action steps. Commissioner Huang references 11.32.010 as the relevant
ordinance for truck routes in Cupertino and 11.32.060 for the exceptions. Commissioner McCoy
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remembers something about city required permits, but Captain Binder says it refers to special
oversized vehicles, not commercial trucks in general. A visitor asks whether the Staff
recommendations will be available to view before the meeting in December. Commissioner
Huang answers that the agenda and proposal must be published 72 hours in advance on the
website. Captain Binder suggests that he check the calendar on the website for the meeting date.
Commissioner Huang also points out the ordinances for signage and bike lane safety.
Kuo-wei Chang expresses a general parental concern that the traffic congestion is horrendous in
certain areas at certain times, such as at McClellan and Bubb Roads in the morning due to a
small tri-school area, but Cupertino overall is not terribly congested all the time. He believes
that parents would like to see no commercial trucks in particular areas during key times, and
that perhaps the City could add special ordinances just for those areas during specific times of
day.
Kuo-Wei Chang adds comments about garbage collection that takes place every week at exactly
7:OOam along Bubb Road. It is a two lane road, and the garbage truck occupies a full lane.
Vehicles try to go around the trucks, but it creates a dangerous situation for head-on collisions
and students riding bicycles. He asks if the garbage collection schedule be changed to avoid that
morning time frame. It would not require an ordinance to pass but just communication with the
garbage company.
Commissioner Huang again thanks the visitors for their comments and closes the public
comment section of this meeting.
VIII. REPORTS
1. Santa Clara County Fire Department
Battalion Chief Gary Cocroft presents the Fire Report for October 2014. There are again very
good response times at less than five minutes. Fire loss was very low, with a vehicle fire
accounting for most of the $28,000.00 loss. Although there was no report last month, the current
report shows historical data for the last few years in charts for review. Commissioner Tallinger
asks if there were any significant fires in the last few months, but B.C. Cocroft responds there
was nothing out of the ordinary. He directs the commissioners to a section of the report
regarding natural vegetation fire, which shows there were minimal fire losses in that category
even though we have had a severe drought. He says this speaks to the good fire prevention
programs Cupertino has in place. One example is how the fire department sends out notices
every spring to residents about required weed abatement within 30-100 feet of their properties.
Commissioner Jerbic asks if there is anything B.C. Cocroft thinks the PSC should be aware of,
and he responds that there are some upcoming personnel changes. Chief Bowden was
promoted to Deputy Chief, and Assistant Chief Jarvis will be leaving at the end of the year
leaving that position open. Captain Binder asks to be informed when a replacement is decided
for Chief Bowden in the Los Altos Hills area, as a point of contact for that area. B.C. Cocroft
adds that he printed out the fire run report for the fatality incident. Response was within four
minutes but there was nothing they could do. However, he is proud of the fact that the second
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unit at Seven Springs Station self -dispatched to that event due to the gravity of the call. Captain
Binder thanks B.C. Cocroft for the Fire Department's valuable assistance at the site. of the
accident.
2. Santa Clara County Sheriff's Office
Captain Binder presents the October 2014 report. There were 864 calls for service, most of which
were priority two or three. The 6 priority one calls had an average response time of 5 minutes
and 36 seconds. Priority two calls had an average response time of less than 7 minutes and
priority three calls had an average response time of less than 11 minutes, both better than the set
goals. Among selected crimes, there was a slight drop in residential burglaries but a significant
increase in commercial burglaries concentrated along Stevens Creek Boulevard between Wolfe
Road and Lawrence Expressway. Next week, detectives plan to modify their shifts to do
targeted surveillance in that area for burglary suppression. Vehicle burglaries were down to 18
from 24, and grand theft decreased slightly. Auto thefts and vandalisms held steady at 4 and 1
respectively. Identity theft rose significantly again to 10, similar to May and January, and
domestic violence cases rose to 9. There were also 3 simple/aggravated assaults. Overall, the
statistical numbers are trending to average out close to the same as the last two years.
Of the 852 combined traffic and patrol citations issued by deputies, 414 were for moving
violations, 95 for speeding and 343 for other violations. Deputies have issued to date around
10,000 citations this year alone. Commissioner Tallinger asks if Captain Binder plans to increase
citation enforcement around the schools. Captain Binder responds that the Sheriff's Office will
continue the citation enforcement already in place, and emphasize that deputies are constantly
actively patrolling the City and school areas. There was a deputy just 60 seconds away when the
recent fatal accident occurred, and deputies have issued 1600 citations along McClellan Rd since
January 2012. The average is 48 cites issued per month, just on that one road. The Sheriff's
Office will also continue the commercial enforcement it is already doing. Captain Binder says
they use the motorcycle deputies more for traffic enforcement to reduce the impact on traffic
congestion. Another possible solution to ease traffic congestion around schools is to have school
volunteers monitor school traffic, directing vehicles so the limited parking lot areas are more
efficiently used. Commissioner Tallinger adds in that Monta Vista is already using volunteers to
help with traffic direction with success.
Captain Binder continues, reporting 30 vehicle accidents with property damage only, and 11
injury accidents including the recent fatal accident. The commissioners then try to remember
the last bicycle fatality and Captain Binder estimates it happened about 6 years ago just outside
the City limits up in the hills. The commissioners and Captain Binder then remark positively
about how the City Council has reacted expediently to the most recent fatal accident, holding a
public meeting less than two weeks following the collision and planning a presentation for the
next month.
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3. Commission Reports
Commissioner Tallinger reports there was no Library Commission meeting, and the Teen
Commission had good results from their Pizza & Politics event. They plan to host a WOW event
in mid -March. Commissioner McCoy states he has no commission reports. Commissioner Jerbic
reports that the TICC is taking action to solve the problem of having a common phone number
for CAS messages, although due to system limitations the number will not show up in caller ID
on cell phones. He also reports from the Mayor's Meeting that an appeal for the cell tower
decision has been delayed to next month, and will be heard on December 161h at the same
meeting that will include a public safety workshop. Commissioner Huang reports that the
Housing situation will be revisited at the December 2nd meeting. He also passes out copies of a
notice he received for something the PSC does not agendize, but which he expects to be handled
by the City Council.
IX. FUTURE AGENDA FOR NEXT REGULAR MEETING
1. Discuss the PSC sponsored programs.
a. Sub -committee for Walk/Bike/Carpool to School Project and Boltage Program
2. Discuss promotion plans for CAS, AlertSCC and the Pulse Points App.
3. Discuss the County Fire Report, County Sheriff's Office Report, and Commission/Liaison
Reports.
X. ADJOURNMENT
This regular meeting adjourned at 8:30 p.m.
XI. NEXT MEETING
The next regular meeting is scheduled for Thursday, December 11, 2014 at 6:00 p.m.
SUBMITTED BY:
Jennifer Roth
Executive Assistant
West Valley Patrol Division
Santa Clara County Office of the Sheriff
November 21, 2014
APPROVED BY:
A AAA Commission Chair Date
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