Oliverio for Supervisor 2018

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Slowing Speeders and Implementing AB 321

August 23, 2010 By Pierluigi Oliverio

Put aside the State’s raid of city funds for a moment and instead, lets be thankful for one of the best gifts cities have received from the state legislature…Assembly Bill 321 (AB321).

AB 321 allows cities the flexibility and discretion to lower speed limits on two-lane streets adjacent to public and private schools, which are currently posted at 25 miles per hour.  For example,  San Jose has many schools that are located in residential neighborhoods that have two lane roads with a 25mph speed.  These streets may have the speeds lowered to 20mph or 15mph by implementing AB321.  However,a school that is located on a four lane road would not be eligible, nor a school alongside a road that has a higher speed limit then 25 mph.

Once you determine which schools fit the basic criteria of AB321, a certified traffic study of the street is required per the state. The traffic study must be completed by a professional in the field. If a city does not have the skilled individual to conduct the study (due to rising pension costs) then the traffic studies do not get completed. (Half of the citywide traffic calming positions were eliminated in June). If a city does have the resources to do the traffic study then the study must show a lower speed then 25mph to qualify lowering the speed.

I think if the state legislature would eliminate that requirement, or lower the threshold, that would be ideal. Because the majority of drivers may drive 30mph in a certain school zone is not an excuse to condone higher speeds around schools.

I personally feel slowing down traffic around schools is a good thing to do for safety of kids but also for surrounding residents. A few weeks ago, I proposed a pilot program implementing AB321 on Dana Avenue. Due to the fire at Trace, the faculty, children and parents are walking back and forth across Dana to and from the temporary portable buildings across the street.  Thus, Dana is perfect opportunity to try AB321.

Some may say that speed limits do not matter unless there is enforcement. I agree that some people do not change their behavior unless they are ticketed and fined. We can say this for any law that is broken on a daily basis in the this country. However, speeding citywide cannot be enforced today with our limited police resources.

Writing speeding tickets, I have been told by the captain of the police traffic enforcement division, does not fully fund the officers, since cities in California only receive approximately 10 percent of the revenue on moving violations—the balance goes to the state and the court system.

I am of the mindset that even without 24/7 enforcement a large portion of the driving population obeys the law by driving the speed limit or stops at intersections with stop signs and traffic signals. There will always be those that are deviant but I don’t think anyone expects government to be all knowing and stop every violation or infraction without using surveillance technology as is done in other areas. Additionally, I support using technology like photo radar since we will never have enough police to monitor 2,300 miles of road or the over 900 signalized intersections in San Jose.

We need to do all we can to try and lay out the ground rules to make our schools and surrounding neighborhoods safer. It also means that we can shame those that drive recklessly and, yes, sometimes they are parents of students during the drop off pick up time—or they might be your neighbor.

When I was a kid and missed the school bus to Hoover my Dad would drop me off unsafely on Park Avenue across the street. My dad is a swell guy but he would know better today, since we have much more education regarding drop off and pick up. There really isn’t any excuse for not following the rules when it comes to driving safely; especially in our neighborhoods.

I believe after we tackle the pension problem and over time are able to increase positions eliminated by the structural deficit, we should expand lower speed limits to school areas where applicable city-wide. Regardless of council district or geography in San Jose all schools aggregate cars and thus causes concerns for neighbors.  Lower speed limits is part of the solution.

In addition, I think the lower speed limit flexibility should also be extended to neighborhood business districts like Lincoln Avenue, portions of The Alameda, Japantown, Alum Rock, etc…. Here again though, we need the state legislature to allow this flexibility. We are not asking for money just the ability to control speeding to promote commerce while being more pedestrian friendly and thus prvide a quality community experience.

Filed Under: Politics

From Last Place to First

August 16, 2010 By Pierluigi Oliverio

As most of you are most likely aware from the front page article in the San Jose Mercury News on August 12, The San Jose Municipal Rose Garden was selected as America’s Best Rose Garden. What an incredible achievement! Congratulations and thanks to all involved including the paid park maintenance city staff and the non paid volunteers.

The rebirth of the Rose Garden could not have been done by only park maintenance staff or only by volunteers. It is the combination of both that allows for this fantastic achievement. And the leadership of Beverly Rose Hopper and Terry Reilly.

Just over three years ago, I walked through the Rose Garden park with numerous concerned neighbors and saw the decline and devastation. I knew then that our City did not have the resources to pay for staff to care for the park, nor would a band-aid approach allow the park to reach its potential.  I also knew the City was behind the times with it’s volunteer policy. Instead, I proposed a pilot for outsourcing park maintenance. That caused the unions to assemble and defend the status quo.

Bringing up the topic of outsourcing allowed for the larger message to get out that this park and other parks need attention, especially with our structural budget deficit. Although outsourcing park maintenance, even as a pilot, was not approved in May 2007,  I did push for and was successful in having council support amending the City’s volunteer policy in October 2007.

I remember asking several times then-Vice Mayor Dave Cortese to accept my friendly amendments to allow more flexibility in the volunteer policy,  including a stipulation that corporations be allowed to have their employees donate time at San Jose parks on their community service days.  This change allowed 250 Google employees and 150 Recology employees to volunteer in the Rose Garden this summer, for example.

The Municipal Rose Garden is a city landmark and now a national one.  Volunteers include residents of San Jose and people from all of over the county. The volunteers are doers and not talkers, as they enjoy giving back to the larger community. I think they serve as an example of the JFK quote (with a twist): “Ask not what your city government can do for you, but what you can do for the community you call home.”

Municipal governments will continue to shrink as revenues will be constrained as pension costs rise. Therefore—now more then ever—residents could provide small increments of their time improving their local park, trail, traffic medians etc… Waiting on government will be taking longer then ever before.

However, residents may ask a fair question as to why cities do not do more to provide services at a lower cost.  As the Wall Street Journal reported recently, San Jose will be saving approximately $4 million a year by outsourcing janitorial. The $4 million in savings was substantial enough to garner national attention and is the trend nationally.

I am very proud to live in a city where doers start with a dead vine and do not give up.  As a result of the conviction from the Rose Garden volunteers, the City of San Jose Rose Garden is Number One!

Filed Under: Budget, Parks, Politics, Unions

Police Chief Recruitment Community Meeting

August 10, 2010 By Pierluigi Oliverio

I attended the first community meeting regarding the selection of the next San Jose Police Chief on Tuesday,  Aug. 24 at the Roosevelt Community Center.  Approximately 21 people attended. Attendees were divided into small groups to discuss five questions. I did not see any police officers however they may have been in attendance but remained anonymous.

Translation services were available in both Spanish and Vietnamese and printed material was provided in alternative languages as well. The cost for the recruiter is $26,000 to conduct the search including interviewing prospective candidates. San Jose is also paying up to $13,000 for travel expenses for all prospective candidate interviews since this is a national search.  The goal is to pick a new Police Chief by the end of 2010.

In addition stakeholder outreach will be done with specific groups including La Raza, AACI (Asian Americans for Community Involvement) and PACT (People Acting in Community Together).

We have great internal candidates for Police Chief, like Captain Gary Kirby, Deputy Chief Diane Urban and Assistant Chief Chris Moore.

Here is some feedback given from all the tables that night:

What are the most important issues that you would like the new Police Chief to address?
Transparency; oversight; importance of the Independent Police Auditor; mental health issues; acknowledge good officers; more access to police records; police rotations should be longer to promote relationships between officers and residents; Gangs; racial profiling; police brutality; work with “immigrant” community.

What experience and track record should the new Police Chief have?
Experience managing a budget and under-budget; mediation skills; understands community view and police view; long history in one geography; trilingual or at least bilingual; history of promoting diverse officers; someone who changed perception of police from negative to positive; street-cop experience; manage complex organization; experience with a multi-cultural community; success in lowering crime however some thought statistics lie and this was unfair to use crime stats; track record of firing police.

Is there anything else you would like the City to consider when selecting the new Police Chief?
Should be pro-immigrant; skilled communicator; less on results more on initiatives; know the background/did their homework on issues facing San Jose; sustainable results over a period of time; at least five years of experience running large organization; speak in simple English not bureaucratic-speak; should recruit new police officers from the immigrant community; mail residents letters with the name of their local police officers and of course a sense of humor.

What are you willing to do or contribute to help the new Police Chief?
Attend more meetings; build bridges in the community; provide a report card on how new police chief is doing; pass out information; assist with outreach; be open minded.

The four groups provided feedback that essentially requires our next police chief to walk on water.

Does this feedback match your viewpoints?

There are three community meetings left:

Monday, Aug. 30, 7-9pm
San Jose City Hall Committee Rooms

Wednesday, Sept. 1, 6-8pm
West Valley Library
1243 San Tomas Aquino Rd

Thursday, Sept. 2, 6-8pm
Eastside Union High District Office
830 North Capitol Ave

You can give your feedback to these five questions via this email:info@tbcrecruiting.com

Or fill out an online Community-Police Chief survey by clicking this link.

Finally congratulations to the Mayor and RDA for locating another company in San Jose. Baxano, a medical device company, moved from Mountain View to San Jose. The CEO mentioned that one of the reasons for selecting San Jose was the proximity to our airport plus getting all of their permits in five days.

Filed Under: Police, Politics

No Romance Without Finance

August 9, 2010 By Pierluigi Oliverio

Did you ever have a romantic relationship with someone that tested you in one way or another?  Maybe you or someone you know dated or are dating a person where at first the relationship was great. You were carefree and really enjoying yourself—but suddenly realized that some of your actions have consequences?

Perhaps you really enjoyed eating out at restaurants together, mostly at really nice places. And maybe your frequency of dining out increased from once a week to five nights a week.  You simply put it on your credit card and did not worry about it until you had to reconcile your monthly bill.  But even then maybe you justified pulling out money from savings to pay your credit card bill each month, since the other person likes you soooo much, which makes you feel really good. Maybe from time to time you get them a gift like a watch—and your significant other really likes a high-end brand.  You may stop and think about purchasing a lower-priced watch, but your sweetie says “if you really loved me, you would get me the really nice watch.“

When your savings dwindle you may have had the sobering realization that your were spending more then you were making.  At this point you might have a conversation with your lover about the new realities of what you could actually afford. Your ability to love may be unlimited, but your bank account is not.

It is no wonder most divorces are caused by conflicts over finances.

This analogy reminds me of what I have heard many times from union representatives: that if the council really respected/appreciated them, we would pay the them more, or continue paying them the current salary, benefits and pension.

This is a fair question if you have extra money. However, if the City only has so much, and even that pot of money is low, then you have to make choices.

I have said and have heard the same from my council colleagues that we respect the work of those employees that do great work for the City. However, words are cheap in comparison to tangibles like compensation.  Just like the relationship I described above,  you may want to spend more. However, you may not have the money to continue dating at the same style.

Like the City budget. If we don’t have the money we once did, we are forced to freeze or cut spending. For the individual this might be car repair, utilities and groceries. For a city that might mean cutting libraries, information technology, community centers or any other department that is important to you.  It also mean that each person in a romantic relationship or an employer relationship has free will and therefore has a choice to leave the relationship.

When it comes to money, it is important that we all learn how to adapt to changes in our lifestyle and work compensation.  I don’t say this lightly as nearly everyone is hurting in one way or another during this slow-growth and high-unemployment economy. I think my parents’ generation adapted best to difficult circumstances as their generation generally had a high savings rate and were green before it was cool, since they reused everything.

The Council made a hard decision last week, against a sea of union opposition, to put pension reform on the ballot for the voters to decide. These votes are tough as elected officials naturally would prefer to be liked—just like the person in the romantic relationship described above.

I am hopeful that you—the voter—will support new pensions for new employees as we simply cannot afford the current pension system. I made the recommendation that the group working on pension reform recommendations to the Council should be the former Three Year General Fund Structural Deficit Elimination Plan Stakeholder Group that the Council approved in 2008. Some of the group members are:  Pat Dando (Chamber of Commerce), Bob Brownstein (South Bay Labor Council), George Beattie (police union), Randy Sekany (firefighters union), Yolanda Cruz (MEF Union) and others, including a representative from the Silicon Valley Taxpayers Association. This group recommended to the Council in 2009 to raise taxes on card rooms which the Council then put on the ballot and the voters approved.

As we move into the future and we discuss new pensions for new employees, I take into consideration that some city positions, such as police or skilled chemists at the water pollution control plant, are tougher to recruit for than others. Therefore, for competitive positions, I think future compensation should be higher on salary to attract qualified candidates.

This 80’s song by Gwen Guthrie reminds me of the relationship part of the blog.  http://www.youtube.com/watch?v=XecTPWJu0wk

Filed Under: Politics

Pension Reform: Speak Now or Forever Hold Your Peace

August 2, 2010 By Pierluigi Oliverio

The Rules Committee allowed my memo on Pension Reform to go before the City Council Tuesday, Aug. 3, to be considered as a ballot measure for San Jose voters this November. At the Rules Committee meeting, members of the public were few compared to the number of paid lobbyists that were in the audience.

I have a supplemental memo coming out today which will ask the Council to adopt the language below:

“To provide fiscal stability, control costs and maintain City services to residents, shall the Charter be amended to allow the Council, by ordinance and subject to the requirements of applicable law, to exclude any officer or employee hired on or after the ordinance’s effective date from any retirement plan or benefit of any plan?” (For example, this means we could exclude new employees from the 250% pension match.)

I have been a Councilmember for over three years and pensions have only increased in cost for residents of San Jose. The ability for the Council to have the flexibility and the option to negotiate a 2nd Tier would be a positive step for everyone involved, union members and taxpayers alike. Only through developing a new fair pension for new employees can we get to a point of trying to balance the structural budget deficit.  However, during my three-plus years on the Council, discussions of 2nd tier always get postponed.  “Kicking the can” is the easy thing to do, but San Jose can no longer pretend that our problems will go away.

Many of the union speakers at the Rules Committee last Wednesday mentioned that there needs to be dialogue, a process and time to discuss 2nd Tier. Actually my proposal does just that since changing the charter means we will still have dialogue and negotiations with the unions as obligated by law.  A union lobbyist said Pension Reform would waste money since a second election would be needed once a 2nd Tier was agreed upon. Not so. As stated by the city attorney on Wednesday only one election would be needed since the 2nd Tier would then be implemented by ordinance which only requires a vote of the city council. The cost to the City to have Pension Reform on the ballot now is less expensive then a special election advocated by others.

Another union speaker was critical since my pension reform proposal did not mandate a specific 2nd Tier. This instead gives the Council flexibility in decision making as actuarial studies need to be completed as well as negotiation with our unions.  Also, this allows the Council in future years to have the flexibility in adopting changes to a 3rd Tier should city revenues continue to deteriorate.

A letter submitted by a lobbyist for the union talked about needing two to four years to negotiate a 2nd Tier.  This would be problematic—we should conclude negotiations within one year. Delay misses the opportunity to stop the bleeding.  Another union speaker claimed the city is not hiring when that is not so. The City must hire to replace retiring employees. In fact 35 percent of the workforce is retiring in the next four years and it is important to lock in those cost savings. If we do not, each new employee carries 60 years of fiscal pension liability (30 in their career and 30 in retirement).

With all due respect, I believe the union leadership is missing the point. If we do not provide new pensions for new employees then the alternative will be to lower wages significantly and/or layoff employees. Laying off employees will affect residents. If the pension costs had not soared by $60 million this last year then we would not not be closing fire stations, libraries, postponing police academies and laying off other city workers.

The criticism I have heard from non-union people is that my proposal is not draconian enough and that the pension plans should be blown up. To them I paraphrase Voltaire: “Do not let the perfect be the enemy of the good.” Failing to act now will only lead to more obligations we cannot afford .  Otherwise, do nothing and we will have more layoffs. Again, the increase in pension costs of $60 million dollars this year led to the layoff of city employees who provide services.

The ball has been teed up for the public. Speak now or forever hold your peace. Aug. 3 at 3:30pm. No need for a babysitter—City Hall is open to children. Bring a book or some knitting needles or both.  If it is your first time to a Council meeting you may find you enjoy watching your city government in action.

The results of last week’s survey on November ballot measures, with 129 respondents, are viewable by clicking this link.

Filed Under: Budget, City Council, Politics, Unions

Potential City Ballot Measures

July 26, 2010 By Pierluigi Oliverio

On Tuesday, Aug. 3, the City Council will decide on five possible ballot measures that would go before San Jose voters in November. So far, the Council has budgeted money to place two items on the ballot; therefore the council must choose two of the five. However a group known as Baseball San Jose has offered to pay for the cost of putting the Downtown Baseball Stadium question on the ballot, so three ballot measure may go before voters.

Below is each proposal in alphabetical order:

Baseball Stadium
(This will be considered at the Rules Committee on Wednesday, July 28 at 2pm. The Rules Committee would need to support placing this item on the Tuesday, Aug. 3 City Council agenda.)

Ballot Language:
Shall the San Jose Downtown Ballpark and Jobs Measure be approved to authorize, but not require, the use of Redevelopment Agency funds, with no new taxes, to acquire and clear a site for a baseball stadium, fund related off-site improvements, and lease the site for a professional baseball team where the team would pay all on-site construction costs, operation and maintenance costs, generating new tax revenues for City operations?
Binding Arbitration
(This will be considered at the Rules Committee on Wednesday, July 28 at 2pm. The Rules Committee would need to support placing this item on the Tuesday, Aug. 3 City Council agenda.)

Ballot Language:
To provide fiscal stability, control costs, and help maintain the level of services being provided to residents, shall the Charter be amended to require outside arbitrators to base awards to City employees primarily on the City’s ability to pay and to prohibit creation of unfunded liabilities, increasing police and firefighters’ compensation more than the.rate granted to other bargaining units or more than the rate of increase in General Fund
revenues, and granting retroactive benefits?
Tax Medical Cannabis
(Already on the Tuesday, Aug. 3 City Council Agenda.)

Ballot Language:
In order to provide funding for essential City services such as police, fire, emergency response,street maintenance, pothole repair, parks, libraries and youth and senior programs, shall an ordinance be adopted to impose a tax at the rate of 10% of gross receipts on marijuana businesses in San Jose, subject to existing independent financial audits, with all revenue controlled by the city.
Pension Reform
http://www.sanjoseca.gov/district6/documents/7-19-2010PensionReformVoterApprovalMemo.pdf

(This will be considered at the Rules Committee on Wednesday, July 28 at 2pm. The Rules Committee would need to support placing this item on the Tuesday, Aug. 3 City Council agenda.)

My proposal is to change the city charter language so the city can offer new employees some degree of lower pension the taxpayer can afford. Current employees and retirees will continue under the current pension system and will not be affected in anyway. Pension reform includes public safety, non-public safety, city management, RDA and Councilmembers. Official ballot language will be provided by the city attorney.
Sales Tax
(Already on the Tuesday, August 3rd City Council Agenda)

Ballot Language:
In order to provide funding for essential City services such as police, fire, emergency response, street maintenance, pothole repair, parks, libraries, and youth and senior programs, shall an ordinance be adopted to enact a one-quarter percent tax on retail transactions in San Jose, subject to existing independent financial audits, with all revenue controlled by the City?
Rules committee members are:

Chuck.Reed@SanJoseCA.gov
Judy.Chirco@SanJoseCA.gov
Pete.Constant@SanJoseCA.gov
Nancy.Pyle@SanJoseCA.gov
Madison.Nguyen@SanJoseCA.gov

I think it is important that major issues should go before voters to validate Council direction or let the Council know something different.

In addition to the city of San Jose proposed ballot measures, there will be at least two other countywide ballot measures that raise approximately $14 million each.  One is from VTA for $10 per vehicle annual fee for road repair. The other is a $29 parcel tax per property by the County of Santa Clara to fund children’s health insurance. Are these items what you would choose to fund with new tax revenue?

Since the City will most likely choose two of the proposed ballot measures (baseball proposal excluded) due to budgetary constraints, which do you believe are most important to be placed on the ballot if any? For me, I believe the most important two are Pension Reform and Taxing Medical Cannabis.

Here is a link to a brief survey on the November Ballot Measures that I will share later on San Jose Inside.

Filed Under: Budget, City Council, Politics

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