01.12.17CITY OF CUPERTINO
AGENDA
Thursday, January 12, 2017
10300 Torre Avenue, City Hall Conference Room A
PUBLIC SAFETY COMMISSION
6:00 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the commission on
any matter not on the agenda. Speakers are limited to three (3) minutes a person. In most
cases, state law will prohibit the commission from making any decisions with respect to a
matter not listed on the agenda.
WRITTEN COMMUNICATIONS
APPROVAL OF MINUTES
1.Subject: Minutes from December 8, 2016
Recommended Action: Approve minutes from December 8, 2016
Draft Minutes
STAFF AND COMMISSION REPORTS
2.Subject: Report by the Santa Clara County Fire District
Recommended Action: Receive report by the Santa Clara County Fire District
3.Subject: Report by the Santa Clara County Sheriff's Office
Recommended Action: Receive report by the Santa Clara County Sheriff's Office
4.Subject: Commissioner Reports
Recommended Action: Receive Commissioner Reports
OLD BUSINESS
Page 1 CITY OF CUPERTINO
01/12/2017
1 of 27
January 12, 2017Public Safety Commission AGENDA
5.Subject: Participation in the Cupertino Alert System, AlertSCC and Pulse Point
(Huang/McCoy)
Recommended Action: Discuss Participation in the Cupertino Alert System,
AlertSCC and Pulse Point and receive status of wallet cards/fridge magnets related to
crime reporting/fire/incidents and situational awareness (McCoy)
6.Subject: Public Safety Education and Outreach; a) Plans for Next Informational
Forum (Sahai), b) Transportation Forum Progress (Tallinger), c) Proposals for
future Forums/Workshops
Recommended Action: Receive updated report on the next informational forum
(Sahai), receive report on Transportation Forum Progress (Tallinger), and discuss
proposals for future Forums/Workshops
7.Subject: Collaboration/cross training of volunteer groups (All)
Recommended Action: Request city presentation on cross training
8.Subject: Firewise proposal promotion within Cupertino
Recommended Action: Discuss Firewise proposal promotion within Cupertino
NEW BUSINESS
9.Subject: Draft Gun Safety Ordinance
Recommended Action: Discuss Draft Gun Safety Ordinance
Staff Report
A - Draft Resolution
10.Subject: Crime Reduction Initiatives
Recommended Action: Discuss Crime Reduction Initiatives
11.Subject: Future Agenda Items
Recommended Action: Discuss items for Future Agenda
PUBLIC HEARINGS
ADJOURNMENT
Page 2 CITY OF CUPERTINO
01/12/2017
2 of 27
January 12, 2017Public Safety Commission AGENDA
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next meeting who is visually or hearing impaired or has any disability that
needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours
in advance of the meeting to arrange for assistance. Upon request, in advance, by a
person with a disability, meeting agendas and writings distributed for the meeting that
are public records will be made available in the appropriate alternative format. Also
upon request, in advance, an assistive listening device can be made available for use
during the meeting.
Members of the public are entitled to address the members concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the members on any other item not on the agenda, you
may do so during the public comment portion of the meeting. Please limit your
comments to three (3) minutes or less.
Page 3 CITY OF CUPERTINO
01/12/2017
3 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2251 Name:
Status:Type:Approval of Minutes Approved
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Minutes from December 8, 2016
Sponsors:
Indexes:
Code sections:
Attachments:Draft Minutes
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Minutes from December 8, 2016
Approve minutes from December 8, 2016
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
4 of 27
CUPERTINO PUBLIC SAFETY COMMISSION
DRAFT MEETING MINUTES
Thursday December 8, 2016, 6:00 p.m.
Cupertino City Hall, Conference Room A
CALL TO ORDER
Commissioner Huang called to order this regular meeting of the Cupertino Public Safety
Commission at approximately 6:04 p.m. on Thursday, December 8, 2016 in the Cupertino City
Hall, Conference Room A, located at 10300 Torre Avenue, Cupertino, California 95014.
ROLL CALL
Commissioners Present: Commissioner Huang
Robert McCoy
Gerald Tallinger
Hymanand Nellore
Commissioners Absent: Commissioner Sahai
Staff Present: Lieutenant Robert Durr, Santa Clara County Sheriff’s Office
Staff Absent: Deputy Chief John Justice, Santa Clara County Fire Department
Others Present: Kathy Chole- public crime reduction
Lynda Ellingson- Public burglary prevention and self -defense class
Leonid Grossmin– PSC Interest
APPROVAL OF MINUTES
1. Subject: Approve the November 2016 Minutes
Recommended Action: Approval of the November 2016 Minutes
Commissioner Tallinger motioned to approve the minutes of the November 10, 2016
meeting with no corrections; Commissioner McCoy seconded the motion; Ayes: Tallinger,
Huang, McCoy, Nellore. Noes: None. Abstain: None. Absent: Sahai
01/12/2017
5 of 27
Public Safety Commission Minutes December 8, 2016
2
STAFF AND COMMISSION REPORTS
2. Subject: Report by Santa Clara County Fire District
Recommended Action: Receive Report by Santa Clara Fire District
Deputy Chief John Justice was absent from the meeting and no report was received.
3. Subject: Report by The Santa Clara County Sheriff’s Office
Recommended Action: Receive Report by The Santa Clara County Sheriff’s Office
Lieutenant Durr explained that during the month of November the city of Cupertino had
one robbery and 13 home burglaries. They have decreased from last year during this time
when we had 27 residential burglaries in the month of November 2015. Commercial
burglaries were 8, Vehicle burglaries were 19, which have gone up from last year. Grand
Theft is down to 6, Auto Theft 3, Vandalism 11, which are up from this same time last year.
The city had 7 reports of Identity Theft, 6 reports of Domestic Violence, 9 reports of Simple
Aggravated Assault, and 2 Sex Crimes.
Lt. Durr continued to explain for the month of November the city had a total of 417 Moving
Violations, 148 speeding citations, 273 other types of citations, 1 DUI, 8 Accidents, and 6
property damage collisions.
Commissioner Tallinger asked if all the reported vandalism occurred in one specific area as
it appeared that vandalism increased in the month of November, compared to previous
months. Lt Durr explained that many of the vandalism reported to the Sheriff’s Office was
related to people taking down election signs.
Commissioner McCoy asked if the Sheriff’s Office will be having a DUI Check Point and Lt
Durr explained that the grant that paid for DUI Check Point has come to an end but the
Sheriff’s Office is planning on enforcing more stops by having more units out during the
holidays. Commissioner Nellore asks what are the main issues on New Year’s Eve for
Deputies in Cupertino. Lt Durr responds that more alcohol consumption occurs and as a
result of the alcohol consumption, calls for service increase.
4. Subject: Receive Commissioner’s Reports
Recommended Action: Receive Commissioner’s Report
Commissioner McCoy explained that the community is urging council to contact
congressmen and senators to start dialogue with FAA about planes flying over the city,
would like to see flight path not flying over the city of Cupertino. Commissioner Nellore
states that he attended a community meeting with Congressman elect Ro Khanna and
spoke with him about the Cupertino Public Safety Commission. Mr. Khanna said he was
01/12/2017
6 of 27
Public Safety Commission Minutes December 8, 2016
3
willing to work together on this matter and adds that he will invite Mr. Khanna to the
January meeting.
Commissioner Sahai- Absente
Commissioner Huang- Attended Mayor’s meeting and discussed many items but only the
items related to Public Safety is of importance to the commission. Parks and Recreation
announced a new Director, TICC had a discussion about a cell tower, City of Cupertino will
be holding a Smart City Conference on May 26/27, 2017 at Memorial Park. Topics will
include Transportation, Education and Communication and the city should be expecting a
lot of traffic during these two days. In regards to Sustainability, the city will be posting a
video on the City of Cupertino website about a resident from Cupertino that has a
“Negative Energy House” which is that they make more energy than they consume
including their car, which is battery powered. The Sustainability Commission would like to
help other residents on creating something similar.
In regards to The Bicycle Pedestrian Commission meeting, they had a presentation related
to Safe Routes to Schools.
Commissioner Nellore- None
Commissioner Tallinger- Bike Pedestrian Commission, the draft ordinance proposal for
riding a bicycle on the sidewalk was sent to Commissioner Tallinger. The draft ordinance
states that no person shall ride, use or operate a bicycle on any sidewalk within the City
except as specifically permitted in this chapter, except these rules should not apply to a
child age 12 years and under and an adult accompanying a child age 12 years and under
who is also riding, using, or operating a bicycle on a sidewalk. We are handing a copy of
this ordinance to the Sheriff’s Office for review since they will be enforcing the new law.
Follow up meeting will be on Thursday December 16, 2016. Commissioner McCoy asked Lt
Durr if the committee had been in contact with the Sheriff’s Office. Lt Durr advises he will
ask the Traffic Sgt and report back.
NEW BUSINESS
5. Subject: Crime Reduction Initiatives
Recommended Action: Discuss Crime Reduction Initiatives
Commissioner Nellore presented a power point to the group on crime reduction explaining
that an increase on patrol checks around the more vulnerable areas would help. He adds
that having block leaders get connected with the city would help the block leaders
disseminate information to residents. Lt Durr explains that we need the help of the
01/12/2017
7 of 27
Public Safety Commission Minutes December 8, 2016
4
residents, for them to call the Sheriff’s Office for anything that they think is suspicious.
Commissioner Nellore asks about heat maps. Lt. Durr explains that it is a crew that works
off a certain area until they are caught. Lt Durr goes on to say that looking out for one
another is best. If you are going to be away let your neighbor know so they can keep an eye
out on your house. Invest in a security system and cameras. Let your security company
know when you will be on vacation so they call the Sheriff’s Office before calling you so no
time is wasted and the thieves can be caught in the act. He adds that when home alone, and
someone knocks at the door, respond to the knock. An example to the knock could be, “hey
dad there is someone at the door” they will hear that and they will move on. Lt Durr
further explains that Stephanie Turini and Laura Lee can help Commissioner Nellore obtain
more information as they run the neighborhood watch program and block leader program.
6. Subject: 2017 Chair and Vice Chair Elections
Recommended Action: Elect 2017 Chair and Vice Chair
Chairman Huang explains that it is the end of the year and it is time to assign a new Chair
and Vice Chair. Commissioner Huang nominates Commissioner Tallinger and
Commissioner McCoy seconded the motion; Ayes: Tallinger, Huang, McCoy, Nellore.
Noes: None. Abstain: None. Absent: Sahai. Commissioner Tallinger is elected as the new
Chair for The Public Safety Committee for 2017 and Commissioner Huang is elected as Vice
Chair.
7. Subject: Future Agenda Items
Recommended Action: Discuss Future Agenda Items
Lt Durr explains that Deputy City Manager Guzman or her designee will be presenting the
new Gun Safety Ordinance at the next meeting.
OLD BUSINESS
8. Subject: Participation in the Cupertino Alert System, Alert SCC and Pulse Point
Recommended Action: Discuss Participation in the Cupertino Alert System, Alert SCC and
Pulse Point
Commissioner Huang explains that he usually has a graph report which depicts the
number of residents that have signed up which was always provided to him by Robert but
because Robert has moved to a new job assignment, no one is able to provide
Commissioner Huang with the information at this time.
9. Subject: Public Safety Education and Outreach; a) next Forum “Situation Awareness, Avoid
Incident and Self-defense”, b) Event Plans for Information Forums (Sahai), c) Proposals for
Future Forums (All)
01/12/2017
8 of 27
Public Safety Commission Minutes December 8, 2016
5
Recommended Action: Discuss Public Safety Education and Outreach Opportunities
Commissioner McCoy explained how the women’s self-defense class had a great turnout
with about 42 women in attendance. The feedback was great and Commissioner McCoy
suggests having the class frequently. He looked into RAD (Rape Aggression Defense
course), which offers a training package for $9,500 to train 10 instructors. Commissioner
McCoy suggests training 10 employees that can teach the class as an ongoing basis. It could
be taught to women, men, children and seniors. The package includes pads, manuals and
training materials. The training class is three days. He further suggests if it would be
possible to find out if any city employees would be interested in becoming instructors to
teach this class to the public. Commissioner McCoy further asks if someone from the
Sheriff’s Office could potentially teach the course. Lt Durr explains that deputies are
trained to react to a situation and deescalate a situation in order to take someone into
custody. The training Deputies receive is not similar to the defense training provided by
RAD. Commissioner McCoy adds that the instructor does not have to be law enforcement
individual. Commissioner Huang states that the next defense class taught at San Jose State
University will be in March 2017.
Commissioner Huang adds that he mentioned the RAD training course to current Mayor
Chang who responded that the city staff would need to conduct a study prior to
implementing the program.
As a result of the feedback from the self-defense training presented to residents of
Cupertino recently, Commissioner McCoy makes a motion to suggest the city look into the
RAD training course and to use the Public Safety Commission’s remaining budget to
implement the program for future courses. Commissioner Huang seconds the motion
Ayes: Tallinger, Huang, McCoy, Nellore. Noes: None. Abstain: None. Absent: Sahai
Commissioner Tallinger presented a proposal for a Transportation Safety Forum. He
explains that Cupertino is a city of busy people, residents taking their children to schools,
residents rushing to work, residents going shopping and out to restaurants, doctors and
other appointments
Also, many non-residents work, shop, visit or commute through Cupertino. It seems that
many of the people on the streets and sidewalks are in a hurry: some are on the phone:
some are consumed with some activities other than paying full attention to safe passage
throughout the area.
Many of the people who roam the streets are just not respecting the rules-of-the-road and
believe that their agenda is more important than others, not showing respect to others. This
is a recipe for accidents and frustration.
01/12/2017
9 of 27
Public Safety Commission Minutes December 8, 2016
6
Part of the issue is education, part is enforcement, and part is infrastructure. We need to
work together on a constructive manner as a community effort involving the city and the
residents.
Commissioner Tallinger thought of the Transportation Forum as a manner in which to
provide an avenue to residents to learn how they can be part of the solution and to gather
their feedback and ideas on how the city, the sheriff and the community as a whole can
make it safer in the city. This can be a proactive educational opportunity for both the city
and the residents.
The focus will be on drivers’ going back to work or school, parents dropping off kids, kids
going to school and during rush hour situations. Commissioner Tallinger states that he
would like education and feedback from residents. He would like multiple parties
associated to the forum and he has already contacted Safe Routes to School, Walk Bike
Cupertino, and sent the proposal to The Bike Ped Commission who are waiting for this
presentation.
Commissioner Tallinger is envisioning a 3-4 hour mixed format Forum with multiple Panel
discussions of specific topics, informational sessions, moderated feedback sessions, and a
meet the presenters’ pizza lunch session.
Commissioner Tallinger wants to get ideas from other groups for the topics. The Forum
requires support from the city manager and council. The preferred location would be at
The Quinlan Center sometime in May 2017 on a Saturday.
Commissioner Huang suggests adding this Forum to the Smart City Conference which is to
be held on May 26/27, 2017. The Smart City Conference covers Transportation and
Education. Commissioner Huang adds that the city can then sponsor the Forum and help
with costs. Commissioner Huang suggests volunteering to participate on the Smart City
Forum.
Commissioner Tallinger makes a motion to move forward with The Transportation Forum
as part of the Smart City Conference in May 2017. Commissioner Nellore seconded the
motion; Ayes: Tallinger, Huang, McCoy, Nellore. Noes: None. Abstain: None. Absent: Sahai
10. Subject: Collaboration and cross training of volunteer groups (All)
Recommended Action: Discuss the collaboration and cross training of volunteer groups
(ALL)
Commissioner Tallinger explains that county fire has provided a lot of training city wide.
Commissioner Huang requests Ken Erickson and the new Director of Emergency
01/12/2017
10 of 27
Public Safety Commission Minutes December 8, 2016
7
Management to attend a future meeting to ensure that the commission has addressed the
cross training of volunteer groups sufficiently.
11. Subject: Firewise proposal promotion within Cupertino
Recommended Action: Discuss Firewise proposal promotion within Cupertino
Not discussed due to the absence of Deputy Chief Justice.
ADJOURNMENT
Chair Tallinger adjourned the meeting at 8:28 pm
NEXT MEETING
The next Regular Meeting is scheduled for Thursday, January 12, 2017 at 6:00 p.m.
SUBMITTED BY:
Veronica Lara
Executive Assistant
West Valley Patrol Division
Santa Clara County Office of the Sheriff
December 27, 2016
APPROVED BY:
_________________________________ ______________________
Jerry Tallinger, Commission Chair Date
01/12/2017
11 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2252 Name:
Status:Type:Staff and Commission Reports Received
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Report by the Santa Clara County Fire District
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Report by the Santa Clara County Fire District
Receive report by the Santa Clara County Fire District
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
12 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2253 Name:
Status:Type:Staff and Commission Reports Received
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Report by the Santa Clara County Sheriff's Office
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Report by the Santa Clara County Sheriff's Office
Receive report by the Santa Clara County Sheriff's Office
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
13 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2254 Name:
Status:Type:Staff and Commission Reports Received
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Commissioner Reports
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Commissioner Reports
Receive Commissioner Reports
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
14 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2255 Name:
Status:Type:Old Business Continued
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Participation in the Cupertino Alert System, AlertSCC and Pulse Point (Huang/McCoy)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Participation in the Cupertino Alert System, AlertSCC and Pulse Point
(Huang/McCoy)
Discuss Participation in the Cupertino Alert System, AlertSCC and Pulse Point and receive
status of wallet cards/fridge magnets related to crime reporting/fire/incidents and situational
awareness (McCoy)
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
15 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2256 Name:
Status:Type:Old Business Received
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Public Safety Education and Outreach; a) Plans for Next Informational Forum (Sahai), b)
Transportation Forum Progress (Tallinger), c) Proposals for future Forums/Workshops
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Public Safety Education and Outreach; a) Plans for Next Informational Forum
(Sahai), b) Transportation Forum Progress (Tallinger), c) Proposals for future
Forums/Workshops
Receive updated report on the next informational forum (Sahai), receive report on
Transportation Forum Progress (Tallinger), and discuss proposals for future Forums/Workshops
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
16 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2257 Name:
Status:Type:Old Business Concluded
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Collaboration/cross training of volunteer groups (All)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Collaboration/cross training of volunteer groups (All)
Request city presentation on cross training
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
17 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2258 Name:
Status:Type:Old Business Continued
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Firewise proposal promotion within Cupertino
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Firewise proposal promotion within Cupertino
Discuss Firewise proposal promotion within Cupertino
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
18 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2259 Name:
Status:Type:New Business No Action Taken
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Draft Gun Safety Ordinance
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Draft Gun Safety Ordinance
Discuss Draft Gun Safety Ordinance
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
19 of 27
PUBLIC SAFETY COMMISSION STAFF REPORT
Meeting: January 12, 2017
Subject
Consider amendments to Chapter 10.76, Firearms, of the Municipal Code to add gun
safety measures
Recommended Action
Staff recommends that the Public Safety Commission review and recommend that the
City Council approve an ordinance amending Chapter 10.76, Firearms, of the Cupertino
Municipal Code to require gun safety measures within the City of Cupertino in
compliance with state law (see Attachment 1).
Description
Council discussed gun safety during its 2016 priority setting session and directed staff to
draft a resolution strengthening gun safety regulations in Cupertino. Nearby cities such
as Sunnyvale have already adopted similar gun safety regulations.
California voters and the state legislature have also taken steps to improve gun safety.
On November 8, 2016, California voters overwhelmingly passed Proposition 63 requiring
background checks for ammunition purchases and banning large-capacity ammunition
magazines by July 1, 2017. California law makers also passed a slew of gun measures
addressing assault weapons, loaning of guns, illegal guns sales, and large-capacity
magazines.
The violence and harm caused by and resulting from both the intentional and accidental
misuse of guns constitutes a clear and present danger to residents. Sensible gun safety
measures provide some relief from that danger and can benefit the entire community.
The proposed gun safety measures provides for the safe storage of guns in homes,
requires a gun owner to report a stolen or lost gun, prohibits the possession of
ammunition magazines capable of holding more than ten rounds unless circumstances
OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(408) 777-3212 • WWW.CUPERTINO.ORG
01/12/2017
20 of 27
warrant such possession, and requires record-keeping relating to the sale of ammunition.
The proposed regulations are consistent with new state gun laws.
The Santa Clara County Sheriff’s Office has reviewed the proposed gun safety ordinance
and believes it will aid their law enforcement efforts and offer some protection to all
members of the community. For this reason, staff recommends that the Public Safety
Commission consider recommending that the City Council adopt the draft ordinance
establishing additional gun safety measures.
Sustainability Impact
The proposed Ordinance is not a project within the meaning of section 15378 of the
California Environmental Quality Act (“CEQA”) Guidelines because it has no potential
for resulting in physical change in the environment, either directly or ultimately. In the
event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility of a significant effect on the environment
Fiscal Impact
None.
Prepared by: Jaqui Guzmán, Deputy City Manager
Reviewed and Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Ordinance
01/12/2017
21 of 27
1
DRAFT ORDINANCE NO. 17-XXX
AN ORDINANCE OF THE CITY OF CUPERTINO
AMENDING CHAPTER 10.76 (FIREARMS) OF THE
CUPERTINO MUNICIPAL CODE TO ADD GUN SAFETY
MEASURES
WHEREAS, the City of Cupertino finds that the violence and harm caused by and resulting
from both the intentional and accidental misuse of guns constitutes a clear and present danger to
the populace, and find that sensible gun safety measures provide some relief from that danger and
are of benefit to the entire community; and
WHEREAS, the City of Cupertino finds that laws that provide for safe storage of guns in
homes, that require a gun owner to report a stolen or lost gun, that prohibit the possession of
ammunition magazines capable of holding more than ten rounds unless circumstances warrant
such possession, and that require record-keeping relating to the sale of ammunition constitute
sensible gun safety regulations because they are not unduly burdensome for gun owners, they aid
law enforcement officers in their duties, and they offer some protection to all members of the
community.
NOW THEREFORE, THE COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Chapter 10.76 (formerly known as “Firearms Permit”) shall hereby be known as Chapter
10.76 (Firearms) of Title 10 (Public Peace, Safety or Morals) of Cupertino Municipal Code and is
revised as follows:
10.76.010. Permit required.
No person shall shoot or discharge any gun, pistol or other firearms or any air-gun or pistol
or spring-gun or pistol, not in necessary self-defense or in the performance of official duty, without
first having obtained a written permit from the Chief of Police or other officer designated by him.
The Chief of Police shall issue a permit to shoot or discharge any such gun, pistol or firearm only
when he or she finds that the proposed use thereof will not endanger life or property. The Chief
of Police may issue such written permit subject to such reasonable conditions as he finds will
reduce or eliminate hazard to life or property. It is unlawful for any person to shoot or discharge
any such gun, pistol or firearm contrary to the provisions of this section or contrary to the
conditions of such written permit.
10.76.020. Duty to report theft or loss of firearms.
Any person who owns or possesses a firearm (as defined in Penal Code Section 16520 or
as amended) shall report the theft or loss of the firearm to the Santa Clara County Sheriff’s West
Valley Patrol Division within forty-eight (48) hours of the time he or she knew or reasonably
should have known that the firearm had been stolen or lost, whenever: (1) the person resides in
the City of Cupertino; or (2) the theft or loss of the firearm occurs in the City of Cupertino.
01/12/2017
22 of 27
2
10.76.030. Safe storage of firearms.
Except when lawfully carried on his or her person, or in his or her immediate control and
possession, no person shall keep a firearm (as defined in Penal Code Section 16520 or as amended)
in any residence owned or controlled by that person unless the firearm is stored in a locked
container, or the firearm is disabled with a trigger lock that is listed on the California Department
of Justice’s list of approved firearms safety devices. As used in this part, “locked container” means
a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or
similar locking device. The term “locked container” does not include the utility or glove
compartment of a motor vehicle. (as defined in Penal Code Section 16850 or as amended).
10.76.040. Possession of large-capacity ammunition magazines prohibited.
(a) No person may possess a large-capacity magazine in the City of Cupertino whether
assembled or disassembled. For purposes of this section, “large-capacity magazine” means any
detachable ammunition feeding device with the capacity to accept more than ten (10) rounds, but
shall not be construed to include any of the following:
(1) A feeding device that has been permanently altered so that it cannot
accommodate more than ten (10) rounds; or
(2) A .22 caliber tubular ammunition feeding device; or
(3) A tubular magazine that is contained in a lever-action firearm.
(b) Any person who, prior to the effective date of this section, was legally in possession
of a large-capacity magazine shall have ninety (90) days from such effective date to do either of
the following without being subject to prosecution:
(1) Remove the large-capacity magazine from the City of Cupertino; or
(2) Surrender the large-capacity magazine to the Santa Clara County Sheriff’s
West Valley Patrol Division for destruction; or
(3) Lawfully sell or transfer the large-capacity magazine in accordance with Penal
Code Section 32310.
(c) This section shall not apply to the following:
(1) Any federal, state, county, or city agency that is charged with the enforcement
of any law, for use by agency employees in the discharge of their official
duties;
(2) Any government officer, agent, or employee, member of the armed forces of
the United States, or peace officer, to the extent that such person is otherwise
authorized to possess a large-capacity magazine and does so while acting
within the course and scope of his or her duties;
(3) A forensic laboratory or any authorized agent or employee thereof in the
course and scope or his or her duties;
(4) Any entity that operates an armored vehicle business pursuant to the laws of
the state, and an authorized employee of such entity, while in the course and
scope of his or her employment for purposes that pertain to the entity’s
armored vehicle business;
(5) Any person who has been issued a license or permit by the California
Department of Justice pursuant to Penal Code Sections 18900, 26500-26915,
31000, 32315, 32650, 32700-32720, or 33300, when the possession of a large-
capacity magazine is in accordance with that license or permit;
(6) A licensed gunsmith for purposes of maintenance, repair or modification of
01/12/2017
23 of 27
3
the large-capacity magazine;
(7) Any person who finds a large-capacity magazine, if the person is not prohibited
from possessing firearms or ammunition pursuant to federal or state law, and
the person possesses the large-capacity magazine no longer than is reasonably
necessary to deliver or transport the same to a law enforcement agency;
(8) Any person lawfully in possession of a firearm that the person obtained prior
to January 1, 2000, if no magazine that holds 10 rounds or fewer of ammunition
is compatible with the firearm and the person possesses the large-capacity
magazine solely for use with that firearm.
(9) Any retired peace officer holding a valid, current Carry Concealed Weapons
(CCW) permit issued pursuant to California Penal Code.
10.76.050. Ammunition Sales.
(a) It is unlawful for any person to engage in the business of selling, leasing, or otherwise
transferring firearm ammunition within the City of Cupertino except in compliance with this code.
(b) Definitions:
(1) “Ammunition” means any cartridge or encasement containing a bullet or
projectile, propellant, or explosive charge, and a primer which is used in the
operation of a firearm.
(2) “Ammunition vendor” means any person engaged in the business of selling,
leasing, or otherwise transferring firearm ammunition.
(3) “Person” means a natural person, association, partnership, firm, corporation,
or other entity.
(c) Every ammunition vendor shall maintain an ammunition sales log which records all
ammunition sales made by the vendor. The transferee shall provide, and the ammunition vendor
shall record on the ammunition sales log, at the time of sale, all of the following information for
each sale of firearms ammunition:
(1) The name, address, and date of birth of the transferee;
(2) The date of the sale;
(3) The transferee’s driver’s license number, state identification card number,
passport number, or other valid government-issued photographic
identification;
(4) The brand, type, and quantity of firearms ammunition transferred;
(5) The identity of the person transferring the firearms ammunition on behalf of
the ammunition vendor;
(6) The transferee’s signature and right thumbprint.
(d) The ammunition sales log shall be recorded on a form approved by the Chief of Police.
All ammunition sales logs shall be kept at the location of the firearms ammunition sale for a period
of not less than two years from the date of the sale. Ammunition sales logs shall be open to
reasonable inspection by peace officers (as defined in Penal Code Section 830.1 or as amended)
at all times the ammunition vendor is regularly open for business.
(e) No person shall knowingly provide false, inaccurate, or incomplete information to an
ammunition vendor for the purpose of purchasing firearms ammunition. No ammunition vendor
shall knowingly make a false, inaccurate, or incomplete entry in any ammunition sales log, nor
shall any ammunition vendor refuse any reasonable inspection of an ammunition sales log subject
to inspection.
01/12/2017
24 of 27
4
10.76.060. Violation—Penalty.
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be punished as provided in Chapter 1.12.
10.76.070. Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity
of the remaining portions of this Ordinance. The Council of the City of Cupertino hereby declares
that they would have passed this Ordinance and each section or subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
10.76.080. Posting and Publication.
The City Clerk is directed to cause this ordinance to be posted and published in the manner
required by law.
This ordinance was introduced by Resolution No. 17-XXX by the City Council of the City
of Cupertino at the regular meeting of the City Council, held on the ___ day of ____, 2017 by the
following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________________
City Clerk
APPROVED:
_________________________________
Mayor
01/12/2017
25 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2260 Name:
Status:Type:New Business Continued
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:1/12/2017
Title:Subject: Crime Reduction Initiatives
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Crime Reduction Initiatives
Discuss Crime Reduction Initiatives
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
26 of 27
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-2261 Name:
Status:Type:New Business Continued
File created:In control:1/9/2017 Public Safety Commission
On agenda:Final action:9/9/9999
Title:Subject: Future Agenda Items
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Public Safety Commission1/12/2017 1
Subject: Future Agenda Items
Discuss items for Future Agenda
CITY OF CUPERTINO Printed on 9/10/2019Page 1 of 1
powered by Legistar™
01/12/2017
27 of 27