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