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PSC 12-10-2015CUPERTINO PUBLIC SAFETY COMMISSION MEETING MINUTES Thursday, December 10, 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, December 10, 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 Deputy Chief John Justice, Santa Clara County Fire Department Staff Absent: None Others Present: None III. REPORTS 1. Santa Clara County Fire Department Deputy Chief John Justice reviews the November Fire Report, noting the average response times are all within target parameters. He states the month was similar to the last. Of note, there was a laundry room fire in a building on De Anza that caused a $40,000.00 loss. Even though the building had a sprinkler system monitored by a company, they delayed calling 9-1-1 because the clerk on duty at the building kept hitting silence on the alarm without investigating why the alarm was going off. The dispatch center was finally notified by ·people calling it in on their cell phones! Commissioner Tallinger requests that in 2016, all training the Fire Department holds for CERT, Citizen Corp, etc. be reported in the monthly report, including dates, number of students, and training topics, so the PSC can monitor. Cupertino needs a more efficient way to track who is getting trained so they can be better utilized as Disaster Service Workers, be put on a mailing list, receive follow-up with further training, get invited to participate in drills, etc. Commissioner Cascone suggests turning it into a Fire/OEM Report. Chair McCoy states that this change is pend:in.g feedback from the City Manager. 2. Santa Clara County Sheriff's Office Captain Sung reports that there were only two Priority Two Calls for Service last month averaging 4.93 minutes. There have been a total of 66 Priority One Calls to date this year, averaging a 3.72 minutes response time. In selected crimes, there were a total of 197 residential burglaries so far this year with one month left to go, which will likely translate into a 15% increase over last year's total. Vehicle burglaries are down, numbering only 14 this November compared to the 40 that were reported last November. Auto theft, however, is up as criminals are stealing more cars to use in burglaries and Captain Sung projects a 20% increase compared to last year. Identity theft is also up, because criminals are stealing personal information as well as possessions during burglaries. Then they either use the personal information or sell it to other criminals. Captain Sung discusses a few incidences, including some excellent on-view arrests. Commissioner Jerbic asks about a monetary average loss for residential burglary, but Captain Sung says it varies widely. Some homes report a loss of a couple hundred thousand dollars, and other homes are not even sure what was stolen. Chair McCoy thanks Captain Sung for activating the Citizen Corp for a recent search, and also for the post on NextDoor notifying the public of the outcome. Captain Sung expresses his appreciation for the CCC, saying they are always ready and willing to help. 3. Commission Reports Commissioner Tallinger reports that there is no Safe Routes meeting until January. He attended the Bicycle-Pedestrian Commission's Safety Presentation with the Sheriff's Office at Kennedy Middle School; very age-appropriate. He and Chair McCoy attended the Bicycle-Pedestrian Commission meeting to transfer the WBC, WOW, Surveys to Schools and Dero Programs. Commissioner Sean Lyn will take over the activities so Commissioner Tallinger made the files available to him and -explained the spreadsheets, adding he is always willing to answer questions or help further. The Teen Commission is discussing many events this year. The first is another "Sounds of the City" event on January 291" at the Senior Center, but nothing is lined up yet. They are in the process of taking a Teen Center Relocation Survey with over 300 responses so far. They are planning a Teen of the Month contest. The next Walk One Week event is scheduled for the week of February 28 -March 4, 2 2016, proceeding without the parh1ership of the Green Society of Mon.ta Vista except for using their assistance at the Mon.ta Vista campus. Commissioner Tallinger informed them that the Bicycle-Pedestrian Committee would be taking over that activity, so the Teen Commission will liaise with them. The Teen Commission also plans to host another Idea Event on March 12, 2016, focusing on speakers who have changed their careers multiple times and have a unique pathway to their current career. Again, they are looking for a venue to hold a Teen Dance later this year. Commissioner Cascone reports the Library Commission meeting was canceled, and he skipped the Parks & Recreation meeting due to many other activities involving Citizen Corp and OES. Commissioner J erbic attended the TICC meeting, reporting there is a position open in the City for Chief Technical Officer and the TICC will hold off working on any events until that position is filled. They did discuss the internet safety event they hosted a few months ago, saying how they liked the event but need to plan better and start more in advance for the next one. Commissioner Jerbic states he will be unable to attend the next TICC meeting on January 6th due to a conflict; Commissioner Cascone agrees to go instead. Commissioner Huang has no report. Chair McCoy attended the City Council meeting to see the swearing in. The Planning Commission has approved a Stein's Beer Garden at the corner of Wolfe and Vallco Parkway with an outdoor patio and live music, and a new Alexander's Steakhouse location within Main Street that will include some sort of 'first-of-its-kind' facility. Plus a new Philz Coffee is open at Main Street. He reports that Peter Pau of The Hills at Vallco has agreed to allow a repeater antenna on a building there, if plans are approved. Captain Sung points out a safety concern that if Vallco were to just become a giant abandoned building, it would attract more homeless and criminal elements into the City. IV. ORAL COMMUNICATIONS Commissioner Cascone reports that he saw some comments on NextDoor trying to rally support for license plate reading technology, asking residents to speak at the next City Council Meeting. Captain Sung agrees that more license plate readers would be a great tool and appreciates more public support along those lines. However, other people are ru1comfortable with that technology, worrying about law enforcement tracking all their moves. The entire Sheriff's Office currently only has one LPR and it is periodically moved around the Westside area. The cities of Piedmont, Tiburon and even San Francisco have fixed, permanent LPRs at key roadway entrances. When a vehicle that is stolen or whose owner is associated with Felony Warrants enters a city with fixed LPRs, the technology sends up a red flag and starts tracking that vehicle through the city so law enforcement can make contact and arrest the criminals. In 3 response, criminals are now avoiding those cities to avoid detection. In Piedmont, although original installation was around $650,000, their burglary rate went down by 35-40% and is still declinin.g. Criminals tend to talk to each other and word gets around not to go to certain cities because they are more likely to get caught. Chair McCoy reports that Barry Chang is the new Cupertino Mayor and Savita Vaidhyanathan is the new Cupertino Vice-Mayor. V. WRITTEN COMMUNICATIONS There are no written communications to discuss at this regular meeting. VI.APPROVAL OF MINUTES 1. November 12, 2015 ACTION: YES VOTE: YES MOTION: TALLINGER SECONDED: HUANG 5to 0 Commissioner Tallinger motioned to approve the minutes of November 12, 2015, with one strike through as listed below; Commissioner Huang seconded the motion; votes taken, all in favor to approve the minutes of November 12, 2015 with the following strike through: Page 2, III. 3. (Commission Reports) <]I2 "Commissioner Cascor .. e repeats the question v1hether the City can insert itself as the contract holder." VII. OLD BUSINESS 1. Discuss participation in the Alert SCC Program, the CAS Program, and the Pulse Points App (Huang/McCoy) ACTION: YES VOTE: YES MOTION: HUANG SECONDED: CASCONE 5 to 0 Commissioner Huang motions to accept the shipment and purchase of 300 promotional multi-tools with the incorrect red light at the discounted price of $137.00 plus tax; Commissioner Cascone seconded the motion; votes taken, all in favor to accept the current shipment of multi-tools. Commissioner Huang presents the most recent report about Alert SCC & CAS participation. The incorrect promotional items were retumed, but the new shipment also 4 came with an error; the light on the multi-tool is red, not white as requested. Captain Sung points out that red light is preferred by some professions who work at night, including law enforcement, and Commissioner Huang adds pilots. Therefore, the PSC must decide whether to accept these items at a discount from the company or return them again for replacement. The commissioners agree that it's good enough and decide to keep these items. VIII. NEW BUSINESS 1. Discuss the Transition to the Bicycle-Pedestrian Commission of the Walk/Bike/Carpool to School (WBC) project, the Dero program and Surveys to Schools ACTION: YES VOTE: YES MOTION: JERBIC SECONDED: HUANG 5 to 0 Commissioner Jerbic motions to recommend that the Bicycle-Pedestrian Commission approve the presented WBC Grant Applications from Kennedy and Regnart Schools to install the Dero Program; Commissioner Huang seconded the motion; votes taken, all in favor to recommend that the Bicycle-Pedestrian Commission approve the presented Grant Applications from Ke1medy and Regnart Schools. Commissioner Tallinger reports that Dero is up and running as he pulls up a website to demonstrate. It's very detailed and user friendly, and can easily produce useful data reports. Parents can even be sent reports about their child's activity if you set it up that way. He then reviews the budget, noting Kennedy will be the main order recipient and Regnart will share Kennedy's Zap tag supply which is the most expensive part. The U-bolts were damaged when the machines were moved and need to be replaced. Commissioner Tallinger also strongly recommends ordering replacement batteries. The annual maintenance will be shared among participating schools. After reviewing the budget breakdown, the grand totals to establish the Dero program come to $7,094.00 for Kem1edy Middle School and $1,565.00 for Regnart Elementaiy School. 2. Discuss the Medical Marijuana Act Recommendation ACTION: YES VOTE: YES MOTION: TALLINGER SECONDED: HUANG 5 to 0 Commissioner Tallinger motions to recommend the following framework to the City Council, coupled with the City Attorney's recommendation: that the City of Cupertino prohibit commercial/personal patient cultivation of medical marijuana, prohibit medical 5 marijuana dispensaries, and to regulate secure deliveries/transportation of medical marijuana to only residential buildings with adult recipient signature required; Commissioner Huang seconds the motion; votes taken, all in favor to make these recommendations as a framework for the City Council's decision regarding the Medical Marijuana Act. Chair McCoy first reiterates the discussion question, as to whether the City should allow Medical Marijuana cultivation, dispensaries and mobile transport/deliveries. Captain Sung reminds them that each city in California must have an ordinance on file by the end of February 2016 stating whether they will permit or prohibit medical marijuana cultivation or else the State will become the sole governing authority in January 2018. If the city permits these activities, individuals will be required to obtain dual-licenses from both the City and the State. He adds that out of the 313 cases over the last five years in the City of Cupertino, 92 cases -almost one third-involved schools and children. Chief Justice states that fire data related to marijuana are not tracked specifically as that, but more often as electrical in nature. The commissioners discuss in great depth multiple aspects and viewpoints, reviewing available reports and information. Commissioner Huang states that commercial and caregiver cultivation should be prohibited, dispensaries should be prohibited, but deliveries allowed in a restricted manner. He believes there should be no official physical presence within the City for Medical Marijuana. Commissioner Tallinger suggests adding time parameters for acceptable delivery hours. Commissioner McCoy lists many security and nuisance concerns related to each aspect. Commissioner Cascone brings up an ADA compliance question, whether the ordinance can limit activity in certain zones such as near schools, but others point out that patients have a right to receive medication regardless of their homes' proximity to schools. Chief Justice suggests limiting deliveries to residential homes and prohibiting deliveries to commercial areas. The commissioners add that the adult recipient must sign for deliveries. Commissioner Jerbic highlights a lot of concerns, but believes that business incentives will help legitimize the black market based operations and that patients should never be denied access to healthcare by the government. He states that more data is needed on legal operations because most research focuses on illegal operations. He suggests, based on statistics, that there would only be a few dispensaries within Cupertino and they tend to also serve as educators for their patients and take strong security measures. He says that children will find drugs anyway, so dispensaries won't have much effect on underage usage. He further states that deliveries should be allowed as competition for and or in place of dispensaries. Commissioner Tallinger agrees with Commissioner Huang's recommendations, but adds that there should be some kind of security for growing areas, such as fences. Commissioner McCoy recommends prohibiting dispensaries because it would attract the wrong element, using the Monsters of Rock store as an example. He says the reality is that 6 clubs and dispensaries attract a lot of youth and criminals -it may legitimately help some people with serious conditions, but legalizing these activities will primarily open a bigger door for the stoner culture. He insists that regardless of studies, marijuana is a gateway drug. He adds that deliveries need to be heavily regulated, and "caregivers" is too vague a term that anybody can qualify for. Commissioner McCoy believes that people who tmly need to use marijuana for medical reasons should have it, but that even the current laws have been so extremely abused for recreational purposes that the City should not have an even greater open door policy. Commissioner Jerbic insists that the recommendation only needs to cover cultivation, because the other aspects don't need to be decided until the State begins issuing permits. The commissioners then outline points and take consensus on each one to form the following recommendations: Prohibit Commercial Cultivation Prohibit Caregiver Cultivation Secured Growing Area for Patients Prohibit Commercial Dispensaries 3. Discuss the continuation of public education and outreach In the interest of tiille, this agenda item will be discussed at the next meeting. 4. Discuss the collaboration/cross training of volunteer groups In the interest of time, this agenda item will be discussed at the next meeting. 5. Discuss how to align public safety outreach and established County materials In the interest of time, this agenda item will be discussed at the next meeting. 6. Election of 2016 ChairNice-Chair ACTION: YES VOTE: YES MOTION: MCCOY SECONDED: HUANG 5 to 0 Commissioner McCoy motions to elect Commissioner Huang as Chair of the PSC in 2016; Commissioner Huang seconded the motion; votes taken, all in favor to elect Commissioner Huang as 2016 PSC Chair. ACTION: YES VOTE: YES MOTION: MCCOY SECONDED: HUANG 5 to 0 7 Commissioner McCoy motions to elect Commissioner Tallinger as Vice-Chair of the PSC in 2016; Commissioner Huang seconded the motion; votes taken, all in favor to elect Commissioner Tallinger as 2016 PSC Vice-Chair. Commissioner McCoy states that he still wishes to attend the City Council Meetings on a regular basis on behalf of the PSC. IX. FUTURE AGENDA FOR NEXT REGULAR MEETING 1. Discuss Reports from County Fire, County Sheriff's Office and Commission Liaisons. 2. Discuss the transition of 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. 4. Discuss the continuation of public education and outreach. 5. Discuss the collaboration/cross training of volunteer groups. 6. Discuss how to align public safety outreach and established County materials. X. ADJOURNMENT This regular meeting adjourned at 10:13 p.m. XI. NEXT MEETING The next Regular Meeting is scheduled for Thursday, January 14, 2016 at 6:00 p.m. SUBMITTED BY: Jennifer Roth Executive Assistant West Valley Patrol Division Santa Clara County Office of the Sheriff December 30, 2015 APPROVED BY: Date 8