PSC 11-12-2015 CUPERTINO PUBLIC SAFETY COMMISSION
MEETING MINUTES
Thursday, November 12, 2015, 6:00 p.m.
Cupertino City Hall, Conference Room A
I. CALL TO ORDER
Commissioner McCoy called to order this regular meeting of the Cupertino Public Safety
Commission at approximately 6:00 p.m. on Thursday, November 12, 2015 in the Cupertino City
Hall, Conference Room A, located at 10300 Torre Avenue, Cupertino, California 95014.
II. ROLL CALL
Commissioners Present: Robert McCoy
Andy Huang
Gerald Tallinger
Bob Cascone
Mike Jerbic
Commissioners Absent: None
Staff Present: Captain Rick Sung, Santa Clara County Sheriff's Office
Staff Absent: Deputy Chief John Justice, Santa Clara County Fire Department
Others Present: Robert Andonion, Cupertino Resident
Maribelle Andonion, Cupertino Resident
III. REPORTS
1. Santa Clara County Fire Department
Deputy Chief John Justice reviews the October Fire Report, noting the average response
times all fall within target parameters with no outliers. Fire Loss for October totaled
$13,000.00 and was comprised of two vehicles. The number of fire incidences totaled 4,
similar to the 5 in October last year. The bulk of calls remain EMS related, and the month
overall was very typical. Commissioner Huang asks what the target times are for calls.
Chief Justice states that medical calls require a 6:59 minutes response time, and the average
is currently 4:02 minutes.
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2. Santa Clara County Sheriff's Office
Captain Sung reports that there was only 1 Priority One Call for Service and response time
for that took only 1.57 minutes. Response times for Priority Two Calls averaged 6.27
minutes, and Priority Three Calls averaged 10.35 minutes. Residential burglaries continue
to be a problem; in fact October saw a sharp increase which is expected to continue through
November in relation to the holiday season. Captain Sung reiterates the importance of
getting the community to be more attentive, look for suspicious behavior, secure their
belongings and report events immediately. Burglars tend to take easy opportunities, so we
need residents to be aware and observant. Captain Sung also reports that he recently gave a
talk for the Saratoga Foothill Club Lecture Series regarding the effects of Proposition 47, the
Safe Neighborhoods and Schools Act. He explained how it altered the requirements for
crimes to qualify as felonies, changed the sentence parameters, and has had a direct effect
on crime statistics across the entire state. There is movement now to pass some assembly
bills to alter the proposition. Captain Sung also relays the details of a recent traffic stop on a
moving van that yielded significant arrests, discovery of various theft tools, and the
recovery of stolen property from multiple cases.
3. Commission Reports
Commissioner Tallinger reports that he went to a couple Safe Routes to Schools meetings.
The Evaluation Team is making good progress, reviewing the Bike-Ped Survey from Spring
2013 and starting a National Parent Survey at the six pilot schools that will conclude in
January. Results from Monta Vista High School's Walk-Bike-Carpool survey have been
received, and Cupertino High School is next. They have a clear work plan in place for the
next few years, with a goal of passing on useful information to the Encouragement Team.
The Encouragement Team is working on articles for the Cupertino Courier, will put
banners across Stevens Creek at Memorial Park to advertise Walk-Bike to School in
Cupertino, and are planning banners and lawn signs for the schools. They hosted an event
on the National Walk to School Day and plan to do a Bike to School Day in the spring. This
group also has a clear work plan for the next few months. Commissioner Tallinger did not
attend the Teen Commission meeting and the next one will conflict with the Bicycle-
Pedestrian Commission meeting.
Commissioner Cascone reminds the PSC that he requested a few months ago that the EMS
Agency address the customer service issue that was brought to the PSC's attention. The
representative he spoke with is no longer there, and he was referred again back to someone
57ial4 who only deals with clinical issues. C
Commissioner Jerbic reports that the TICC held their Internet Safety Presentation for senior
citizens, garnering 20-25 attendees and excellent questions. Detective Guzman did a
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wonderful job as a presenter. Unfortunately, the TICC did not have a quorum for their
subsequent meeting and so Commissioner Jerbic has no feedback yet from them. There is
still a vague plan to hold a presentation targeted for the teen population.
Commissioner Huang reports that the Housing Commission will make a report next week
at the City Council Meeting on a few items. BMRs (Below Market Rate Housing) availability
is 1/122 for ownership unit and 2/238 for rental units. There is a major change for California
rental units due to the lawsuit out of Los Angeles, so that developers are no longer required
to reserve 15% of rental complexes as BMRs. In Cupertino, developers may either pay a
housing mitigation fee or they can volunteer some percentage of units to become BMRs in
exchange for incentives such as a state density bonus. This applies to the Build to Rent
Developers, not the Ownership Developers, so it is unclear whether this will apply to the
new Vallco development.
Commissioner Huang also attended the Mayor's Meeting, where the Mayor mentioned the
Los Altos Measure A ballot which would allow rebuilding of their Community Center,
similar to Cupertino's consideration to put the Cupertino Civic Center development and
the Vallco development on the ballot. Los Altos residents voted against Measure A by 70%.
The Planning Commission cancelled their meeting as they await the ballot decision from
the City Council. The Library Commission reported that since County removed $80 library
usage fee, Cupertino Library card issuance increased by 230%. The Parks & Recreation
mentioned some residents are concerned with safety when a new bike trail opens around
their houses. The Mayor was interested for more detail and accurate data regarding
students walking and biking to school in Palo Alto, so Commissioner Huang presented him
with highlights from the Palo Alto report.
Chair McCoy reports that he gave a short presentation to City Council, and the Mayor was
excited about the WBC Survey. He also attended the Veterans' Memorial Service and was
glad to see the Honor Guard there.
IV.ORAL COMMUNICATIONS
Robert Andonion relays a personal experience. He has lived in Cupertino for 37 years and is
not here to complain. In fact, Robert has always enjoyed his relationship with the Sheriffs
Office. At 7:45pm on October 29, he was home alone in the family room, heard helicopters
overhead, and then saw flashlights on his deck flashing into his windows. He got up, turned on
the perimeter lights and heard deputies yelling through the door to come out of the house. He
asked to see a badge since it was hard to see through the dark. When he opened the door, a
deputy asked if he was the homeowner and was he alone. He answered yes, asked what was
going on, and was instructed to come out of the house showing his hands. He came out and
they explained that were responding to a robbery in progress. He asked if they had the correct
address, and they discovered they were at the wrong house. Three of the deputies moved
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quickly to the next house. A different deputy stayed behind to apologize for the confusion and
commotion. Robert says he is fine, but worries how others may have reacted given a similar
situation.
Maribelle Andonion asks how she should handle a situation like that,because she doesn't think
she would have opened the door at all. Captain Sung interjects that she should call 9-1-1. She
sounds shocked to hear that, asking if he means right in the middle of the commotion. He
insists that if someone is claiming to be a deputy but you're not sure or can't see what's going
on, always call 9-1-1 to verify. They dispatch the deputies and know who is where. Maribelle
asks what would have happened if she refused to open the door, and Captain Sung answers
that they probably would have taken some time to reassess the situation and communicate
further. They would need to verify that everything is okay and there is nothing else going on,
like a hostage situation. He says the Sergeant was on scene and is the one who hung back to
talk with them afterwards. Going to the wrong address is rare but does happen occasionally,
such as in this case where their house is on a flag shaped lot which is especially confusing with
no streetlights or house lights on. The team already addressed the issue that night, going over it
in more detail for the newer deputies.
Captain Sung asks if there was any misconduct towards them by any deputy or the sergeant.
Robert replies no, and adds that he would not have thought to come to a PSC Meeting and
discuss this experience because he was satisfied with how the supervisor on site handled it.
Maribelle says that she will post Captain Sung's answer about calling 9-1-1 to verify deputies'
identities onto the Monta Vista Nextdoor site, because many women there were wondering
what they should have done in that kind of situation. Captain Sung reminds everyone that the
Sheriff's Department cannot see what neighbors post to their Nextdoor sites. The Sheriffs
Office has their own Nextdoor site, can send messages to various neighborhoods and get
responses from individual neighbors.
V. WRITTEN COMMUNICATIONS
There are no written communications to discuss at this regular meeting.
VI.APPROVAL OF MINUTES
1. October 8, 2015
ACTION: YES
VOTE: YES
MOTION: TALLINGER SECONDED:JERBIC 4 to 0
Commissioner Tallinger motioned to approve the minutes of October 8, 2015;
Commissioner Jerbic seconded the motion; votes taken, Commissioner Cascone abstained,
all else in favor to approve the minutes of October 8, 2015 with no corrections.
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VII. OLD BUSINESS
1. 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 he received a shipment of 500 promotional items, but it
was the incorrect item. There was an error on their end, but the printed logos came out
nicely. He returned this shipment to them and the company will resend the correct item as
soon as possible.
VIII. NEW BUSINESS
1. Discuss the Transition to the Bicycle-Pedestrian Commission of the Walk/Bike/Carpool
to School (WBC) project,the Boltage program and Surveys to Schools,
ACTION: YES
VOTE: NO
MOTION: N/A SECONDED: N/A 0 to 0
Commissioner Tallinger reports that the Boltage machines are updated and working, but
haven't been tested yet. He will try to extract some limited new data next week, but must
connect an Ethernet cable to the machine for manual download. He promised to create a
budget for the remaining school year. There's no maintenance program, just
repair/replacement of parts as needed. New U-bolts and a specific tool are inexpensive and
deep cell solar batteries would cost around $500 for three. Zap tags are $3 each and he
recommends ordering 1500 to cover a few years;minimum order is 1,000. Sprint service will
run $180 for Kennedy because they have two machines, annual software maintenance is
$400, and software set-up is a one-time $200 fee. Incentives will cost about half of the first
year's budget which comes to about $6,584 for Kennedy Middle School. The Boltage
• machine that was moved to Lincoln from Regnart Middle School will require around $1500.
Grand total budget comes to $8,084. Next school year, this program will be under the
Bicycle-Pedestrian Commission. Commissioner Huang points out that the new zap tags
comprise the largest portion of the cost, and asks if Dero Bike Rack Company can produce a
letter officially stating why the old zap tags may not be used. Commissioner Tallinger
replies he already received an email and presented it a few months ago, stating that they
are not supporting the old tags because of software changes. Commissioner Huang requests
that he still pursue an official letter that may be submitted to the City for cost justification.
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Commissioner Tallinger asks that the PSC fund a grant up to a total of $8084.00, so that
Kennedy and Lincoln Middle Schools may proceed in setting up the old Boltage machines
and program through the Dero Bike Rack Company. Commissioner Huang inserts some
action item requirements, including 1) that Commissioner Tallinger obtain a letter from
Dero Bike Rack Company explaining why the City of Cupertino may not re-use the old zap
tags but must purchase new zap tags, 2) that the grant applications must officially be
generated by the schools and 3) that all activity pending the equipment demonstration to
ensure the existing equipment will still function properly through the Dero Bike Rack
Company vendor. Commissioner McCoy states that the PSC should not pre-approve
unwritten grants; they may be approved at the next meeting if received in time. Both
Commissioner McCoy and Commissioner Huang express concern again that the Bicycle-
Pedestrian Commission be informed of this planned expenditure, since they will be
inheriting this program.
2. Review and approve topics from future PSC projects (10 minutes for each)
ACTION: YES
VOTE: NO
MOTION: N/A SECONDED: N/A
0 to 0
Commissioner McCoy recommends to add a New Business Item to the next Agenda, titled
Medical Marijuana Act Recommendation; Commissioner Huang seconds the
recommendation; and a new topic called Medical Marijuana Act Recommendation will be
added to next month's Agenda.
Captain Sung presents a task at the direction of the City Manager. Governor Brown recently
signed the Medical Marijuana Act. As it stands, unless each municipality can come up with
an ordinance that approves or prohibits medical marijuana dispensaries in their city, the
state is going to take over decision making. If the City enacts an ordinance that allows
medical marijuana dispensaries to open and operate within the City, dual-licenses will be
required through both the state and municipality. The ordinance deadline is the end of
February, 2016 in order to add Cupertino's name to the state's list. Otherwise, the State will
issue licenses starting January 2018.
Captain Sung will give all PSC Commissioners a copy of the power point presentation he
received from the California League of Cities, which defines all commercial aspects,
including not only the dispensaries but the cultivation sites, zoning issues, delivery issues
and regulations. It gives insight into this complex matter, and what issues other cities have
faced when they allow commercial marijuana enterprises. Captain Sung asks the PSC to
come up with a recommendation by February. Deputy Chief Justice interjects that legally,
two readings may be required for the City to pass something so it would be better for the
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PSC to be done by January. Captain Sung suggests it may be best to allow deliveries
through the City but to prohibit commercial dispensaries, commercial cultivation sites, and
commercial sales. He encourages all commissioners to do their own research and make a
recommendation as quickly as possible. He also says that he will forward the
commissioners a copy of the City of San Jose's supplemental report in which they had to
reduce the number of marijuana dispensaries due to various issues.
Chair McCoy asks Chief Justice to provide data showing how many fires have been started
in the County because of medical marijuana growing sites operations, and Commissioner
Huang requests similar information for marijuana dispensaries. He agrees to check with the
County Fire Marshal s and see what they can pull from their data bases. Captain Sung adds
that a Crime Analyst for the Sheriff's Office, Melanie McGuire, has been tasked with
gathering statistics on marijuana arrests, and how many involve students, within the last
five years.
ACTION: YES
VOTE: YES
MOTION: HUANG SECONDED: TALLINGER 5 to 0
Commissioner Huang motioned to add a new ongoing item to the Agenda, called
"Continued Public Education and Outreach, Involving the Sheriff's Office, County Fire
Department and County EMS"; Commissioner Tallinger seconded the motion; votes taken,
all in favor to add a new ongoing item to the Agenda regarding Continued Public
Education and Outreach.
Commissioner Tallinger presents his project ideas. He suggests that the PSC focus on public
safety awareness and education, putting more ownership upon the residents for keeping
themselves and other citizens safe. He proposes a campaign to promote the positive role
that everyday people can play in reporting crimes and suspicious activity. He would like to
put up flyers, offer workplace presentations, post information/videos on the Cupertino
web, and schedule regular public forums. He also recommends pushing out mailers to
promote the public forum campaign. Topics could include ID theft, residential burglaries,
driver and bike rider safety, pedestrian safety, basic student safety, disaster safety, fire
safety, safety for businesses,health safety, all focused on the part that everyday people play
in these situations and how they can take more effective action.
Commissioner Huang presents his proposals. The first proposal is to do public outreach in
multiple ways. He suggests that commissioners should attend every possible public
meeting held by the City/Schools/Block Leaders, bringing up issues such as suspicious
activity, cyber security, emergency preparedness and traffic around schools. He is
constantly asking people what their top concerns are, and one major issue is knowing when
to call 9-1-1 about suspicious activity. Due to cultural differences, many residents are
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hesitant to call 9-1-1, so Commissioner Huang wants to outreach residents to feel
comfortable calling 9-1-1. He also suggests they do more educational activities, like hosting
CPR and emergency preparedness classes, to teach topics that people coming from other
countries have likely never been taught. The last outreach idea is to address the biggest
concerns of parents around schools. There is a group of new parents at each school every
year and no one is educating the newcomers on the drop-off, pick-up and traffic rules.
Maybe commissioners can volunteer to make the newcomers aware of the rules at different •
schools.
ACTION: YES
VOTE: YES
MOTION: HUANG SECONDED: TALLINGER 5 to 0
Commissioner Huang motioned to add a new ongoing item to the Agenda, called
"Collaboration/Cross Training of Cupertino Volunteer Groups"; Commissioner Tallinger
seconded the motion; votes taken, all in favor to add a new ongoing item to the Agenda
regarding Collaboration/Cross Training of Cupertino Volunteer Groups.
Commissioner Huang's second proposal involves cross-training the City's five major
volunteer groups: Block Leaders, Neighborhood Watch, CERT, MRC and CARES. They
each operates in their own way and communication across groups is minimal. He would
first like to train them all in basics like CPR and how to use a fire extinguisher. Next he
would like to teach them all what each volunteer group does, so they all know who does
what and can work together better. Then he would like them all to go through fundamental
ICS training so that all groups speak the same responder language during a major disaster.
Commissioner Huang's third proposal is to have all the volunteer groups, when fully
trained in a consistent ICS standard, to participate in practical exercises together with the
Fire Department and Sheriff's Office, such as Search for missing person, Flood, and Fire
evacuation. He thinks maybe the PTAs will become interested in going through training as
well since hundreds of them volunteered during the search for missing teenager early this
year.
Commissioner McCoy begins by saying that his ideas are similar to what has already been
presented. His first proposal is to continue educating citizens in how to avoid becoming a
crime victim, what issues are trending and how to defend themselves. His second proposal
is for the PSC to act as advisory oversight, utilizing the relationship with the Sheriff's Office
and the Fire Department to offer more frequent advanced training to the Citizen Corps and
make it FEMA guideline compliant to ensure more efficient mutual aid paperwork and
procedures. He adds the importance of reviewing currently issued emergency equipment
and evaluating how reliable it will really be to assist Disaster Service Workers when
needed. His third proposal is to continue to assist with logistical support for the Sheriff's
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Office DUI Education Enforcement Events and City events like the Hero's Run and Big
Bunny Fun Run.
Commissioner Cascone says his ideas are in line with what has already been discussed, but
might possibly add more interaction with the City Council so the PSC is more familiar with
them and can have a smoother relationship moving forward. He suggests inviting them one
at a time to each meeting, and keeping the invitations open.
Captain Sung points out how similar the proposals are from Commissioners Tallinger,
Huang and McCoy, suggesting they combine elements into one cohesive project.
Commissioner McCoy states they could combine all the public education outreach in
various forms under one agenda item. Commissioner Cascone asks if trying to educate and
train the City volunteer groups is stepping out of the PSC's realm, since there is an existing
coordinator for that purpose. Captain Sung considers that the PSC may be able to
collaborate with the City Coordinators to improve volunteer training. Commissioner Jerbic
voices concern that many of the ideas presented should remain the responsibility of parents
and school administrators, but Captain Sung says the specific activities can be discussed
more at the next meeting.
ACTION: YES
VOTE: NO
MOTION: N/A SECONDED: N/A 0 to 0
Commissioner Jerbic withdrew his proposal.
IX. FUTURE AGENDA FOR NEXT REGULAR MEETING
1. Discuss Reports from County Fire, County Sheriff's Office and Commission Liaisons.
2. Discuss transferring the Walk/Bike/Carpool to School Project, the Dero (formerly Boltage)
Project, and Surveys to Schools to the Bicycle/Pedestrian Commission.
3. Discuss promotion plans for CAS, AlertSCC and the Pulse Points App.
a. Discuss how to align public safety outreach and established County materials
(Cascone)
4. Discuss the Medical Marijuana Act Recommendation
5. Discuss the continuation of public education and outreach
6. Discuss the collaboration/cross training of volunteer groups
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X. ADJOURNMENT
This regular meeting adjourned at 9:50 p.m.
XI. NEXT MEETING
The next Regular Meeting is scheduled for Thursday, December 10, 2015 at 6:00 p.m.
SUBMITTED BY: M/ a/AJb�
Jennifer Roth s/u kppv-O.&b AS �'.MM6nsDG—D
Executive Assistant
West Valley Patrol Division
Santa Clara County Office of the Sheriff
November 18, 2015
APPROVED BY:
k 42-7D—/c6
Robert McCoy, CommissioW Date
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