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Cannabis, Arizona, Fire, Golf and Google

June 14, 2010 By Pierluigi Oliverio

Monday: Medical Cannabis Outreach Meeting
The first outreach meeting regarding medical cannabis collectives was held Monday night at City Hall. Even though the meeting was held late in the process, it was well attended with over 150 people. There were two main groups present: residents and collective patients. Not one person spoke against compassionate use of medical marijuana in San Jose, however, both groups agreed that the locations should be away from schools, parks, daycare centers, etc. Last October, when I initially brought this issue to the Rules Committee, I advocated that we restrict where collectives can locate and include setbacks from locations like schools, etc.
A gentleman in a wheelchair brought up the point that attorneys’ offices are located next to houses and schools in San Jose and that those attorneys have clients who visit their offices that may be violent criminals, so how come we don’t regulate where attorneys can locate?

City staff proposed a “lottery system” to award a permit for collectives. Not one of the 150 people present supported this idea. Some shared that a lottery system is ludicrous because it sets up an irresponsible process to possibly award collectives that do not follow state law and may not have solid responsible procedures in place.

Tuesday: City Council Meeting
The longest agenda item was the issue about boycotting Arizona because of their illegal immigration law.  After several hours of discussion, and testimony, I voted no. I did not make extended comments because I did not think that this matter should have been on the Council agenda. On any given day the other 49 states could pass a law that I/you/we may not agree with. As a city, we do not have the bandwidth to meddle in what other states feel is right for them. This is why we choose where we live. I wrote a blog related to this topic more than two years ago stating my views that you may read here.

Wednesday: Closing of Fire Station Council Policy
I met with the fire chief on the last-minute proposal to close Fire House 7 in this year’s budget. I met with city management a few months ago and asked the question “Did the managers budget include closing any fire houses?” The response back was “no.” They shared, instead, that they were going to move forward with “dynamic deployment,” which would include moving and eliminating fire engines from stations that have two vehicles. I was told that the chief, assistant chief and a member of the city manager’s office would have a follow-up meeting with me. We did and again I was told that no fire house was going to be closed.

Then, on May 28, a management budget memo (MBA#39) came out that said that an elimination of an engine was going to occur. Actually, it’s the closure of Fire House 7. No one from the management office nor the fire department had the gumption to call me; thus my request for an additional meeting.

This budget memo violates the city-wide policy on fire station closures which Mayor Reed, Vice Mayor Chirco and I championed two years ago.  The Council policy states that changing the make-up of a fire house—whether it be consolidation, closure or relocation—requires a policy discussion prior to being a budget discussion, and must be accompanied by a community outreach process.

The policy focuses on using data as the basis for changing the structure of our fire houses and ensures that the community in the affected service is notified and part of the process instead of being told after the fact. Closing of fire stations based on data and outreach may occur next fiscal year but not this fiscal year. I wrote about this policy back in September 2008.

Thursday: Neighborhood Services Committee Meeting
We discussed selling the city subsidized Rancho del Pueblo nine-hole golf course. I suggested we sell the entire 30-acre parcel to create a housing/retail village and create 1-2 soccer fields for open space as well. I believe there is higher demand for soccer fields then golf. We would take the money from the land sale and pay off the mortgage for Rancho del Pueblo 100 percent and pay down the mortgage on Los Lagos Golf course by approximately $12 million based on medium density housing. The more density we allow the more money and open space we can get.

Friday: San Jose Municipal Rose Garden
More than 200 Google volunteers came out to paint, mulch, fertilize, rake and deadhead at the Historic Rose Garden Municipal Park. In 2007, I pushed for a policy that would allow volunteers from private companies to work in our parks when their respective companies have a community service day.  I remember asking again and again for the council to allow this change and the persistence paid off.  None of the Google employees were interested in switching careers but they thought the park was a real gem. I wrote about this policy change 2.5 years ago.

Please vote for our San Jose Rose Garden Park to be considered America’s Best Rose Garden.

Filed Under: Budget, City Council, Medical Marijuana, Parks

The Center of our City Center

April 26, 2010 By Pierluigi Oliverio

Last week I attended evening budget meetings in Districts 3 and 5. The center of our city (District 3) had a high turnout from residents who find great value in community centers. Particularly, the Gardner and Washington Community Centers. Both facilities provide a place to go and where residents can be positively impacted. Classmates and friends of mine from Willow Glen High grew up in the Gardner area, formerly known as “Barrio Horseshoe.” It was a problematic neighborhood with many gang issues.

My friends in Gardner managed to stay out of the gangs because their parents would physically discipline them if they hung out with people involved in gangs, and kept them busy with chores and work. David Pandori and Cindy Chavez both worked hard to make improvements in the Gardner neighborhood and should be complimented for turning that neighborhood around with the help of passionate residents like Rudy Martinez. Also, praise to my colleague Sam Liccardo for continuing the Pandori/Chavez legacy in Gardner.

The other facility is the Washington Youth Center located in the neighborhood around Washington Elementary and Sacred Heart church. This is another area that has been dealing with gangs for decades. The Redevelopment Agency funded the construction of the Washington Youth Center and the adjacent library along with physical improvements to Washington Elementary. However the general fund is responsible for the day-to-day expenses. Many came to tell their stories of what these facilities meant to them. Some stories brought people to tears as they had family tragedies but also success stories of their children.

Some attendees came from other cities to advocate for our Therapeutic Services program that enables kids in wheelchairs to participate in sports like basketball. They come from other cities like Cupertino and Monterey since surrounding cities stopped offering these services.

There were those who asked, “Why did we ignore the structural deficit all these years?”

Many expressed their opinion that public safety unions should accept wage cuts to save city services and binding arbitration was unfair. Pastor Sonny Lara asked, “Why are people so generous with money for tragedies in other countries but we do not donate to our own local community?” My favorite quote of the night: “We need to stop electing politicians that promise us everything!”

If there was one theme in the District 3 budget meeting it was to keep community centers open. It was stressed by many that community centers and libraries save lives in certain neighborhoods and that these facilities act differently than in Almaden, Cambrian, Evergreen, Rose Garden and Willow Glen. Many felt that community centers and libraries should be open more hours in neighborhoods that have higher needs, which could be determined by crime rate, poverty rate, etc..

I was asked afterwards by several young people who were good role models if would I support their specific community centers over others. I said, “The easy answer is to tell you yes and then walk out the door and vote no.” However, I continued, “the idea of, should some neighborhoods get more services then other neighborhoods is worth debate.” I then asked the youth if they cared who cleans City Hall or would prefer that their community center stay open. They chose the community center.

I believe we should maximize cost savings in areas of our city that do not directly touch residents before cutting services that impact residents. Otherwise we are saying, “Sorry young people, the status quo on cleaning city hall is sacred and better then providing you services that would directly impact your future.” If you do not like this trade off of cleaning staff versus community center employee, then how about community center employee versus librarian or community center employee versus a police officer? Take your pick. Side note: Laying off new police officers is a double loss since we lose the investment/cost to recruit, test, background, academy, field train the new officer.

But let’s get back to the debate on providing more services to certain neighborhoods and less to other neighborhoods. I would acknowledge that higher needs exist in certain neighborhoods and that prevention is less costly than the worst-case scenario of incarceration. There is a disconnect between costs and responsibilities of the city and final costs that may end up on the County or State, but there is also limited sharing of revenue to achieve these goals. On the other hand, I do not believe every person in a certain neighborhood or zip code is affluent.

Within each neighborhood perceived to be upper-middle income, there are those who rent, have a mortgage they are struggling to pay, long- term unemployed, a single mom with kids, seniors on a fixed income, disabled veterans, etc. I assume these residents and specifically youth would want to have the opportunity to read a book or partake in an activity at a community center.

In addition these perceived upper-middle income neighborhoods pay higher property taxes and may feel that they should at least have equal neighborhood services. Personally, I think each neighborhood should get equal infrastructure like sewers, streets, sidewalks and streetlights. Equity in parks is more difficult because of the build-out of nearly all open space and the cost to procure it at today’s prices.  (Such a tragedy that we lost out on approximately $90 million in park fees from exempting affordable housing from this fee.) When it comes to what amount of neighborhood services for each zip code, I am open for debate and would like to hear your views.

Is it fair to provide more service to specific neighborhoods? Is that Marxist? “Each according to his abilities to each according to his needs.  Should government be neutral and provide exactly the same to all areas?

When people buy a more expensive home does that mean something? People choose to buy or rent in areas based on surrounding amenities and pay a price determined by other property owners and renters. Do we let that be the barometer?

Filed Under: Budget, Parks, Politics, RDA, Unions

Here Come the Cuts

March 29, 2010 By Pierluigi Oliverio

The City Manager will release the list of proposed cuts to balance the city budget today (March 29). These cuts are based on no concessions from any of the labor unions nor savings gained through outsourcing of janitorial services (among others) to save money.

Money saved from outsourcing could help pay for library hours or the aquatics program, for example. The question of concessions has been out there for months and could be included in the budget. Agreement would need to be reached in early April since layoff notices would start going out April 19. If concessions are made then some of these cuts could be avoided but in lieu of an agreement in hand here are some of the proposed/likely cuts.

As it stands now, 802 positions would be eliminated, of which 656 are filled positions, which closes the deficit of $118.2 million. In addition, there were services that were funded last year with one-time funds ($7,476,000), such as library hours, community centers and the SJPD horse-mounted unit, which will be going away as well, accounting for 77 filled positions.

Library:
Eliminate 104 positions to save $7.4 million in 2010-2011 and $7.9 million in 2011-2012. Neighborhood branch libraries would be open three days a week and the MLK Main library would reduce hours 12 percent. Delay opening of new Seven Trees and new Bascom libraries saves $2.3 million for library staffing. Does not include community center staffing costs.

Parks, Recreation & Neighborhood Services:
Eliminate 38 positions to save $4.3 million in 2010-2011 and $5 million in 2011-2012. Close smaller community centers.
Eliminate 12 positions, saving $836,000 in 2010-2011 and $854,000 in 2011-2012. Reduce maintenance staffing at parks; restrooms open only on weekends except in summer. Eliminate 10 park rangers, saving $634,000 in 2010-2011 and $848,000 in 2011-2012. Eliminate 24 positions, saving $630,000 in 2010-2011 and $637,000 in 2011-2012. Reduces aquatic program to only 2 pools in San Jose. Eliminate two positions in Code Enforcement, saving $302,000 in 2010-2011 and $323,000 in in 2011-2012.

Fire:
Eliminate 90 positions (88 are filled), saving $12 million in 2010-2011. 2011-2012 costs determined through binding arbitration. Reduce/suspend fire apparatus and fire fighters at station 30 Auzerais, Station 33 Communications Hill, Station 34 Las Plumas, Station 35 Poughkeepsie, Station 3 Martha Street and one other station yet to be identified.

Police:
Eliminate 160 positions (153 are filled), saving $25.5 in 2010-2011. 2011-2012 costs determined through binding arbitration. Reduce police patrols; eliminate funding for new officers; reduce Metro Unit; reduce Investigations unit; reduce Downtown services unit; delay opening of Police Substation; reduce Financial Crimes unit. Reduce the Crossing Guard program by 8.3 positions to save $354,000 in 2010-2011

Transportation:
Eliminate 12 positions for capital projects, including transit and bike/pedestrian projects. Saves $1.4 million in 2010-2011 and $1.6 million in 2011-2012. Eliminate 9 positions for Neighborhood Traffic Calming. No more traffic studies and no implementation of traffic calming tools. Saves $921,000 in 2010-2011 and $999,000 in 2011-2012. Eliminate five positions for residential street sealing. Saves $375,000 in 2010-2011 and $415,000 in 2011-2012.

Convention Center:
Eliminate 25 positions to save $1.9 million 2010-2011 and $2 million in 2011-2012.

This list is not comprehensive and may/will fluctuate based on final Council adoption of the budget in June.

Filed Under: Budget, Parks, Police, Unions

What Would Cesar Chavez Do?

March 15, 2010 By Pierluigi Oliverio

Below are a few observations from last week.

Monday: Council study session on Airport
Overwhelming majority of Council thought outsourcing of janitorial to save $3 million was a bad idea so it looks like we will lay people off and consider getting rid of the night time curfew in the future.

Monday Night: General Plan 2040 Task Force Meeting
Although the General Plan board members were informed that the City’s budget problems are partially due to most of our land being dedicated to housing instead of jobs, the Task Force voted in favor of adding 300,000 people with a 14-11 vote. The two options were 200,000 or 300,000 new residents. Several task force members shared that they voted no because they wanted to see higher growth of 500,000 more residents to San Jose! I voted for the option that added 200,000 people by 2040.

Tuesday: Council Meeting
After 18 months of staff and paid consultant “research” regarding my Sept. 18, 2008 memo proposing that developers of affordable housing projects be required to pay park fees, as market-rate developers are required to, the question finally came to Council. I believe that people of lower income are deserving of 100 percent park fees/land dedicated, the Council decided to support the Housing Department’s compromise that developers pay only 50 percent. To date, the City of San Jose has lost approximately $90 million in park fees from developers because of this park exemption.

Are you familiar with the term, “What Would Jesus Do?” Well I wonder as we come up on Caesar Chavez Day, “What would Caesar Chavez do” if he was alive and on the Council. Considering that affordable housing provides for people of lower incomes and is often located in areas that do not have parks, would he vote for equity when it comes to parks in San Jose for all people?

The next agenda item on the council agenda that day was the Habitat Conservation Plan where it seemed that the Council had more sympathy for the checker spot butterfly then parks for people of all income levels.

Wednesday: Visit Medicinal Marijuana Collective in Oakland
One collective is on target to write a check to Oakland for $360,000 in city taxes and another check to the State of California for nearly $2 million in sales tax of which approximately $200,000 will come back to Oakland; therefore Oakland will be receiving approximately a half a million dollars from one legal medical collective that employs 80 people with an average hourly pay of $43.

Thursday Night: Neighborhood Association Meeting
I talked about the budget and announced to the audience that the City would be suspending the $750K aquatics program for the 2010-2011 city-wide. I shared that the City could restore the entire program if we chose different ways to do city services, like outsourcing janitorial services at City Hall for example.  There were many in the audience that felt that they did not care who cleaned city hall but they would rather have a summer aquatics program for youth or a library open.

Friday Morning: American Leadership Forum-panel discussion titled, “A new recipe for regional job growth.”
Panel discussion of private sector and labor spoke to how the region can create jobs going forward. A business person asked the labor panelist, “What if public employees would take less in pensions to help balance the budget and avoid layoffs? Response from labor panelist was that, “Most of the deficit in San Jose is not pensions but debt service on City Hall.”

Actually, the debt service on City Hall is $24 million of which $17.1 million is from the general fund out of a $116.2 million general fund deficit. $52.9 million is the amount the general fund must cover this year in increased pension contributions since the taxpayer must cover any losses in the pension funds. The $52.9 million to cover pension losses is only a portion of the total amount devoted to pensions this year which is $200.2 million.
Looking back in history on 5/14/02 the only votes against new city hall was Linda LeZotte and Chuck Reed.

Filed Under: Budget, Parks, Politics

No Soup For You! No Park For You!

February 15, 2010 By Pierluigi Oliverio

Last week the Council tackled two agenda items related to parks. One was to apply for a state grant. There is $184 million up for grabs for the entire state of California to be spent on city parks. California has 36 million people and San Jose has one million. If San Jose were to get 1/36th of those state funds, that would be $5 million.

Unfortunately, San Jose will not get any special consideration for our large population since the grant is focusing on low-income communities. Even our best park projects may not fare well due to our higher income levels citywide compared to other areas of the state. The wish list San Jose park staff submitted is for $55 million of park and trail projects.

I know the chance of state money for parks may sound exciting, but really it is sad commentary since the current council policy exempts affordable housing from paying park fees which has resulted in $70-90 million dollar loss to the city for parks. $70-90 million that could have purchased open space and trails so that all residents have access to a healthy community. I do not support this inequitable policy that makes us beg for a small piece of the pie when our own council policy made us lose the entire pie.

The other item was the city postponing the opening of 11 parks city- wide because there is no money to fund operations and maintenance. Residents came and spoke and asked: “Why doesn’t the city outsource park maintenance, which would cost less money?” Or “Why not let volunteers do all the maintenance.” Well, the council voted on outsourcing a few months back when a new stricter competition policy was passed by 7-4 vote that killed any chance for outsourcing ( I joined the Mayor in voting no). San Jose residents do not care who maintains a park just that it is maintained.

We have had great success with the Friends of the San Jose Rose Garden due to Terry Reilly’s commitment to organizing volunteers to help maintain all the roses at the park. The volunteers help augment the park maintenance and do not replace park maintenance personnel. It is a partnership between volunteers and city park staff. The current council policy does not allow for volunteers to operate lawn mowers, for example, which is a big part of park maintenance at parks city wide.

Another option I have voiced is allowing housing developers who deliver a turnkey park to maintain the new park for three years at their cost. In return, however, they should be allowed to pay the market rate and be able to hire and fire the private park maintenance service as they wish. This would save the city money, provide open space to residents and ensure new parks are defect free. Unfortunately this proposal is dead on arrival since the majority of the council would not support it.

So what we are seeing with the city ripping out plant landscaping in traffic medians and not opening parks since we do not have funds to maintain either of them, is just a small appetizer when it comes to plugging a $100 million dollar budget deficit. Remember the residents are second in this city after others get their cut. Hold on to your hats and definitely your wallets as it is going to get much worse.

Filed Under: Budget, Outsourcing, Parks

San Jose Greenprint in the Red

September 14, 2009 By Pierluigi Oliverio

Since Sept. 7 was the Labor Day holiday, the City did not have a regular city council meeting. So, instead the Council had a “study session” on the Greenprint, which is a vision for our parks and community centers. (It is not a legal binding document.)

Study sessions are sort of like the “News Hour” program on PBS. We spend extra time on one topic where we get a presentation from city staff, and then we ask questions and make statements. Public comment is encouraged; the usual rule of two minutes; however, some community groups write letters in advance to be part of the public record.

The city has grown in square footage both in parks and community centers. However San Jose still ranks lower then many cities in its ratio of parks to people, even when you include school property (which is where I used to play as a kid). By 2020 we will be 1,124 acres short of our goal/vision. In fact, we exacerbate this ratio every week by approving affordable housing that is exempt from park fees or land dedication.

I brought this issue up a year ago at the Rules Committee. However I have been waiting for over a year now for the Housing Department to come back with some options for the Council. By my back-of-the-envelope calculations, San Jose has lost out on approximately $60-90 million in park fees from housing developers. Actually, this is another question I asked city staff: What is the amount of money the City of San Jose has lost on exempting fees/taxes for affordable housing? But I never heard back—probably since it is a big number.

With the passage of Measure P in the year 2000 with 78 percent voting yes, the city was able to build new community centers, remodel existing community centers and build out park amenities. For example Happy Hollow will open up next year brand new because of Measure P.

Measure P is financed by general obligation bonds. Without Measure P these improvements would be typically funded through the construction and conveyance tax, or if the park/community center was located in a redevelopment area, then possibly diverting RDA money meant for economic development. But without Measure P it is unlikely that much of what has been accomplished would have occurred.

The primary funding of new parks comes through building new housing, since market-rate housing (not affordable) pays park fees or donates land for a new park. So if you do not want any housing then you do not get new parks.

The question is: Would you be willing to vote yes on another Measure P to buy land and possibly construct new trails and parks?

A new Measure P may for example fund the entire completion of our proposed trail system and two new medium-sized parks. It would also provide money to be held in reserve to buy one or two school sites if and when a school district decides to close a school as has been done in the past. Actually we have two great facilities in the Willows Community Center and Kirk Community Center that used to be elementary schools.

Cities get the “first right of refusal” to buy other public-agency owned land. However, if one of these schools was for sale today, San Jose could not buy it because we don’t have the money, and it would likely become more housing.

One could counter and say that the way the city delivers park maintenance is too expensive and therefore we cannot provide the ongoing maintenance for existing facilities so lets not add new park acreage. Should a new Measure P be changed to a parcel tax so it provides money for ongoing maintenance that keeps up with the rate of wage-medical-pension inflation? Change the maintenance model? Or would you rather pay more in taxes for police or street paving than parks?

Here is a link to the Greenprint.

There is a public meeting to discuss this topic Wednesday, Sept. 16 at 6:30pm at City Hall in room W-120.

Filed Under: Affordable Housing, Green Print, Parks, Politics

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Merc News condemns Unions

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