Oliverio for Supervisor 2018

Independent - Transparent - Fiscally Responsible

Tuesday is for Meetings

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Woody Allen had a theory on success. He said most of the hard work was just by showing up. (Photo by rasdourian, via Flickr)

Tuesday is the day that councilmembers reserve for City Council meetings.Closed session council meetings start at 9-9:30am and often continue past noon. The public council session starts at 1:30pm, often merging into the evening session with a short break. If no evening session is scheduled, then the afternoon session simply continues into the evening until the entire agenda is covered.

Woody Allen once said that, “Eighty percent of success is showing up,” and many would agree with that statement. Fortunately, I have not had any family emergencies and thus I have been able to attend every council meeting and council committee meeting since 2007. Many council meetings, especially the years 2007-2010, went from morning till near midnight. It is our duty to attend the council meetings, specifically for the agenda items that require voting, and stay for as long at the meeting takes; just like an employee is expected to attend a meeting hosted by their employer.

Councilmembers have an obligation to attend council meetings and council committee meetings; however, there is no requirement that you must actually stay the entire meeting. But attendance is taken multiple times at council meetings.

First, you are marked absent if you are a few minutes late at the very start of the morning closed session meeting. Attendance is taken again during the closed session meeting, when each attendee signs a document. Finally, attendance is again taken at the afternoon and evening meetings.

Councilmembers are able to leave as needed if they are not feeling well or have some personal matter to attend to. Councilmembers need only be present for half the meeting to avoid being marked as absent. If not present for the vote of an agenda item(s), then they are marked as absent for the vote(s). If councilmembers are in the restroom during a vote, they are still marked as absent—so best to monitor one’s intake of water.

Every level of government has official legislative/committee meetings and attendance is the minimum requirement. However just because one elected official wants to leave the meeting does not mean everything should come to a stop. If you need to go, then go, but leave it at that.

Many wish that the actual council meetings were shorter than they are today. The bulk of the council meeting is actually the unlimited discussion by council and mayor. On the other hand, public discussion is limited to two minutes and sometimes only one minute per each speaker. While members of the public speak, each Councilmember has that ability to view a timer that tracks the speaker’s time till you hear the famous words, “Your time is up.”

In the U.S. House of Representatives, members are limited in their speaking time. For example, members are given five minutes for committee meetings. So, rather than limiting the amount of time that the council or mayor may speak, perhaps the same timer used for the public should be allowed to run, tracking how long a councilmember, mayor or staff has spoken or is still speaking. This would allow for more concise and direct dialogue rather than circuitous speeches.

For example, tomorrow the council will burn a couple of hours discussing county and state ballot initiatives.

If you are the type of person who dislikes meetings, then I would discourage you from seeking elected office.

Habitat Conservation Plan

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For over 10 years, San Jose has been struggling with implementing a Habitat Conservation Plan (HCP). HCP is a regulation imposed by the Federal government to restore natural habitats and preserve wildlife, like the spot checkered butterfly and the burrowing owl. HCP is an unfunded mandate from the Federal government levied on local government. Federal agencies are not big on waivers or tweaks, as they have one goal and that is the regulation and job security.

The main premise is that any and all new development—even if rebuilding an existing structure—would pay a substantial fee under an adopted HCP. This fee would create yet another hurdle for economic development in the name of saving wildlife. To some, this may just be fine since wildlife may have a higher value than economic development, like jobs. To others, they may not care since much of the wildlife in San Jose actually resides in much of California. Relocating burrowing owls, for example, within the existing city infrastructure to outside the city is frowned upon.

For others, who would rather see near zero development in San Jose, they will very much enjoy the potential outcome of a HCP. The implementation of a HCP would potentially cease development and have San Jose become more expensive than surrounding cities like Santa Clara, Sunnyvale and Milpitas. Now that we have an adopted General Plan that emphasizes development of land for jobs, this is a great time to encourage economic development. However, with this new fee, San Jose could lose out on new job growth, and, as a consequence, tax revenue. The cities to our north in Santa Clara County are exempt from the HCP, because they are built out and San Jose, on the other hand, is punished for implementing a green belt. The HCP would include Morgan Hill and Gilroy.

Other areas like San Diego have enabled residents to decide this question by taxing themselves via sales tax or parcel tax. The premise of the HCP is that there is a high value to preserving the natural habitats of certain animals and restoring habitats. If it is such a high value, then residents may choose that value when they vote to tax themselves for that value. If it is not highly valued by the electorate, then we will have to go down the road of taxing all future development to pay for the sins of the past. Implementing the plan at one point would have cost $1.2 billion, and it has been scaled down to $660 million. I would propose this question be placed on the 2014 ballot.

If nothing was done, Federal agencies would not approve permits for new construction. New construction creates water and that water must go somewhere like a storm drain—and that requires federal approval. It could also block public infrastructure improvements, such as a bridge or rebuilding of theWater Pollution Control Plant. Coyote Valley and the Almaden reserve are areas that provide ample land for habitat. Building within the city infrastructure is the prudent thing to do, but not if the tax is so high or a burrowing owl is on a parcel within the city existing city infrastructure, like North San Jose. For example, if HCP was in place today San Jose would have had to pay $170,000 fee for the Convention Center expansion. (Convention Center expansion is being paid for by the hotels, which have increased the hotel tax paid by overnight guests.)

The cost, $170,000, may not sound like much since we talk about billions all the time with Federal and State dollars, but at the local level that level of fee could dissuade new development, like the large office building the City Council unanimously approved for Santana Row last month. Another way to look at it is the city of San Jose has removed fees to promote building in downtown and North San Jose, and this new HCP fee would negate this effort.

I’m not sure how things became so disconnected between economic development and providing federal funding to comply with federal regulation. Be sure to ask your elected Federal representative. This topic will be discussed at this week’s council meeting.

Explore and Enjoy Arts Locally

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Arts and Culture are words used quite often to describe the vibrancy of cities; particularly big cities looking to attract business, tourists and new residents. City folk have enjoyed arts and culture entertainment for centuries, which has been funded both privately and publicly. It is not uncommon for people to travel out of state and even internationally for festivals that explore various unique arts and culture.

Residents of a particular region will usually travel closer to home to experience arts and culture. For example, people in the Bay Area drive over an hour to San Francisco (SF) to partake in the Arts. For many of those that seek out the Arts in SF, their first thought is not about the city’s crime rate or road conditions but rather about the entertainment. They will spend $20-$40 on gas, their time driving back and forth, $20-$30 to park, and in some places navigate the sidewalks through panhandlers, alcoholics, drug users, drug dealers, etc. to arrive at a venue to be entertained and escape from their daily lives.

I have traveled north many times to see unique art, one-of-a-kind venues and paid handsomely in time and money to experience it. However, I value art closer to home without all the obstacles and safety concerns. Last week, I was able to enjoy the world premiere play, “Death of a Novel.” What a fantastic show with a full house at our own San Jose Repertory Theater. Powerful monologues, witty banter and racy material all in our downtown.

A criticism of the classic Arts like theater and opera is that the audience is mostly geriatric. Well, if you ever have been on the fence about seeing a play, this is the one to see. For those under 50 who may have been turned off or simply not interested in theater, this is a show for you. The play ties in social media, deception, profanity, sex and a story that you are not sure how it will end.

In San Jose, we are very fortunate to live in a place where people have devoted years of their lives providing entertainment for the region bothDowntown and other locations, like the new Renegade Theater Experiment in the Rose Garden.

This week the Zero1 Biennial returns to Downtown displaying art and technology on a grand scale. The last Zero1 Biennial in 2010 attracted 47,000 visitors to Downtown, which resulted in a great crowd, full restaurants and hotel room nights. Zero1 is funded mostly by foundations and corporate sponsors, however, the city of San Jose has allocated $68,000 from the $13.1 million Hotel Tax fund. In past events, ZeroOne artists like the Rockwell Groupare famous for lighting up the City Hall with interactive art comprised of lights.

With all the madness and chaos cities face across the country with reduced revenues and reduced services, this does not stop the individual resident from pursuing their intellectual curiosities or experiencing sheer escapism through entertainment. As humans, we seek many different facets in life beyond shelter and food. One of which is connecting with others in the physical world and enjoying a common experience providing a cultural literacy that we can discuss and relate to one another. In a small farm town it may be a barn dance; in San Jose we have a substantial variety of arts and culture.

If you would like to volunteer at the San Jose Municipal Rose Garden then join me and the Friends of the San Jose Rose Garden this Saturday at 9am. This particular volunteer effort will be done in the memory of Ivan Kolte. Ivan was a 94-year-young San Josean who loved the Rose Garden and passed away recently, joining his deceased wife and high school sweetheart.

Influence of Society on Career Choices

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When I was a kid, I would watch the old 1950’s show, The Honeymooners. I remember one scene where the main characters, Ralph and Ed, were talking about future vocations for their children. Ralph spoke about his child going to college, while Ed said—if he had a boy—that he would get him a job working with him side by side in the sewer. At that point, the audience laughs and Ralph’s eyes bulge out. He yells that Ed is nuts for suggesting a career in the sewer.

Although parents and their children may not always agree, more often than not parents only want the best for their children. For example, it is not unusual for a parent to want their child to be a doctor or a lawyer because these occupations often offer prestige, autonomy and good pay. These occupations require an academic education rather than trade school. The 1967 film “The Graduate” comes to mind when Mr. McGuire says to Ben, “Just one word. Are you listening? Plastics. There is a great future in plastics.”

For many high school graduates, college may not be pursued. Like Ed in the Honeymooners, many in society are employed in vocations that use a trade and/or manual labor that is also mentally challenging.

Last week, the City Council approved spending money from sewer fees—not the general fund—to hire a private company for the next year to assist at the Water Pollution Control plant. These private contractors will be used to augment city staff and do tasks that current city employees will choose in the near future not to do. The contractor will also provide relief for city employees to take vacations.

In 2007, when I started on the council, I heard over and over again that the plant employees were predominantly baby boomers and that getting new staff would be a challenge. Why though? Is it not just like filling a job in any other organization?

This takes me back to the Honeymooners analogy. Out of the general population, not many people were pursuing working in the sewer system because society did not deem it a positive career. We do know that these positions require a learned skill set over time and the jobs pay well and it is literally lifetime employment.

The general public has become more interested in sewers with the connection to keeping our environment clean. I believe individuals may choose a previously overlooked vocation in the sewer system once they understand the salary and job security. However, this will not change in weeks or months; it will most likely take time to garner the skill set for senior positions.

As I have written before, there is an opportunity for veterans returning to the USA if they choose to obtain work with the city. Or, perhaps it is the chronic unemployed who get laid off during every economic downturn and want more stability. Perhaps a better use of an outside contract would go to a company to help the city set up an apprentice program, so people with entry-level skills could learn the ropes and all the positions are permanently filled.

In an organization like the city, which has thousands of employees, 11 unions and a litany of job titles, it is nearly impossible to pay certain positions more within a union because it requires negotiation. If one job classification has people who work in the Water Pollution Control Plant and also work in City Hall, the increased salary must go to both even though they are inherently two different jobs. In any other organization you could simply raise the salary of that specific job, but that is not the case in municipal government. This instead must be dealt with in the long, arduous and secretive meet-and-confer process with the union.

Issues like this one would seem to be an easy matter, where the discussion could be held in public so we could get to “yes” faster and allow everyone to understand the details easily.

The Importance of Santana Row

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Ten years since it opened, Santana Row remains a premiere destination and tax revenue jackpot for San Jose.

Santana Row will be celebrating its 10th Anniversary this year. It has provided a new destination for Bay Area residents as well as additional tax revenue for San Jose.

Santana Row is a unique place that draws people from outside of San Jose and has people talking about it across the country. People I know who typically did not visit San Jose years ago do frequent Santana Row today. The same visitors spend money while enjoying themselves in the 95128 zip code. The cultural diversity at Santana Row is amazing, with nearly every nationality represented and many first-generation immigrant families strolling The Row day and night.

To some it is a “Disney Downtown,” because it was fabricated from the ground up. To others it was a development that slowed down the potential of our own downtown. One could argue that an expanded Valley Fair mall did more to impede retail growth in downtown.

To me, Santana Row is a success. As much as I enjoy urban centers like our downtown, I also enjoy the sheer intensity of Santana Row with approximately 1,000 on-site residents and a hotel, offices, restaurants, marquee retail, movie theater, tall buildings, etc. All of these things together make Santana Row unique.

I have heard Santana Row brought up many times in reference to urban planning, and that it is ideal for pedestrians—there something interesting to be seen by the walker. Residents across San Jose often voice opinions about potential new developments in their own neighborhood and ask if they could get something like Santana Row. It would be nearly impossible to replicate, however, the principle of significant housing over retail and office is a good one and promoted in our newly adopted General Plan.

The millions in sales tax revenues generated from Santana Row is often discussed and the good fortune it brings San Jose. One example is when people buy a Tesla car from the store at Santana Row. The Tesla store at Santana Row has broken foot traffic records and is second in the world for actual sales of the electric car out of nearly 20 stores worldwide. The assessed value of this parcel and surrounding parcels skyrocketed through private development, which brings property tax revenue to many levels of government.

Besides direct sales tax and property tax revenues, Santana Row provides the opportunity to capture high-paying jobs through the development of substantial new office space. On Tuesday, the City Council will consider approving a large office building at Santana Row instead of housing. This new 240,000 square foot office building will provide an attractive option to companies locating in San Jose. Some companies will view Santana Row as a perfect fit for their employees and clients, because they can simply stroll to great amenities. Also, the opportunity for a company to have its brand shown with massive visibility is better than an office park.

As other cities to the north have developed new office parks, this impedes San Jose’s ability to draw in new, fast-growing companies from the peninsula that are searching for office space. The new office parks to the north entice companies that are looking for new space that in the past would have gone to North San Jose. However, Santana Row is a true differentiator, as the new office parks in other cities have virtually nowhere to go for the employee by foot—only by car.

The net new job potential of Santana Row is why I strongly opposed the rezoning of land last year from commercial to residential adjacent to Santana Row. Keeping the space open for business provided another opportunity for a potential corporate headquarters.

I still root for our downtown—especially August 10-12 for the Jazz Festival—but we should not miss opportunities at Santana Row.

Pierluigi Oliverio is a San Jose councilmember for District 6

Prioritizing Future City Spending

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At the upcoming Aug. 7 City Council meeting, the discussion will focus on how to prioritize city spending IF revenues increase. So, in the example below, if revenues increase by $10 million—either by revenue growth or tax increase—this is how I think it should be spent by percentage. We will still be spending money on all of the city services included in the current budget, however, this example is for future potential revenue that is above the budget passed in June:

53% — Police $5.3M
15% — Road Paving $1.5M
5% — Planning, Building & Code Enforcement $500K
4% — Libraries $400K
2% — Tree Planting & Tree Trimming by Our City Forest $200K
2% — City Attorney’s Office $200K
2% — Information Technology $200K
2% — Pedestrian & Bicycle Safety-slowing cars down in neighborhoods $200K
3% — Pay down Debt $300K
2% — Save Money for Rainy Day Fund $200K
10% — Discretion of City Manager with Approval by Council to be Distributed to Human Resources, Finance, Public Works, Economic Development and/or a Need That Becomes Apparent in the Future $1M

There is no extra allocation for the Fire Dept., as Fire Chief William McDonald and staff have been successful in obtaining federal grants. Federal grants are great in the short term, but they will make it more difficult to allocate future funds to hiring police officers—which is why the majority of future revenue is allocated to police. In addition, I agree with the 2011 Santa Clara Civil Grand Jury that San Jose could utilize three firefighters on a fire engine like every other city in the county. The data in San Jose shows that calls for service are 4 percent structural fires and 96 percent non-fire calls, mostly medical. Any cost savings from realigning resources to match call data should go to police.

We need to allocate general fund dollars to the Planning Department rather than increasing and relying on fees. Development can be sped up this way, increasing our tax base and private sector employment base to fund city services. Funding of Code Enforcement to keep our city safe/looking good and also could bring in revenue by assessing fines to irresponsible property owners—especially apartments that are ill kept.

Adding some funding to libraries is good, but much more can be done with volunteers to keep the doors open than is done today.

One way to make San Jose more visually attractive is through more tree planting, including maintenance, which also has other positive environmental attributes. Putting 5 percent aside to pay down high interest debt and save for a rainy day fund is prudent. Allocating something, even though small for Information Technology, must be done to achieve efficiencies and put a down payment on upgrading the financial software of the city to enable more sharing of financial information with the public.

The city manager, as chief operating officer, needs flexibility in allocating funds where the council or general public may not be aware of the need today. Of course, any action should require Council approval, but 10 percent between so many different needs may not provide enough. The city manager will have to make do.