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.
Structural deficit? SJ has no structural deficit, only excessive spending.
Pierluigi,
I like slower speed limits by schools. Would love to see this at Frost Elementary on Gettysburg Dr but also understand that San Jose has limited funds.
Thank you.
If a city does not have the skilled individual to conduct the study (due to unsupervised spending i.e. TSJ or $500k to failed grocery store) then the traffic studies do not get completed.
I know…we’ve all seen the person on the street corner twirling a sign (advertisement). Why don’t we hire someone, dress him in a crossing guard uniform and he can twirl a stop sign or a “children at play” sign.
Save the city thousands and we can employee this person for years while Trace gets redone.
Come on you know its a funny image. Even better because it is in PO’s district. HAHAHA.
I assume these lower speed limits are only in effect while school is in session. If not then it is a ridiculous idea, and only geared towards revenue generation; i.e. speed traps.
If my brain worked like a politician’s, when…
the neighbor kids played baseball too close to my house I’d request a new law creating “baseball free” zones, thus elevating the thoughtless behavior of teenagers to an enforceable infraction, and making me feel as if I’d done something good. Of course, since the cops will never, no matter the state of the budget, be available to enforce the law, my legislative achievement would prove ineffective and I’d be inclined to seek another new law, one perhaps mandating that officers receive special training in the dangers of errantly thrown baseballs. This training would, however, be suspended immediately due to budget constraints.
Thankfully, other than a brief period of time following a severe concussion, I don’t think like a politician. So, in confronting my baseball woes I’d realize that the solution was mine and my neighbors to solve—imperfect though the solution might prove.
School zones could be made significantly safer by looking at past solutions. First of all, get kids back in their neighborhood schools. That will reduce or eliminate bus traffic (large buses reduce visibility and create congestion), return walking to school as a reasonable option, and remove from the school zones the twice a day danger posed by parents who’ve rushed halfway across town to drop-off/pick-up their kids in neighborhoods to which they have no connection or care.
Reaffirm the responsibility that school staffs have to the safety of their students. School administrators, drill sergeants in my day (powder puffs today), didn’t hesitate to correct reckless behavior, no matter who was committing it. Twice a day they’d be out on the streets, monitoring the comings and goings, and expecting to see rules obeyed. Parents, cognizant of these expectations, didn’t treat school curbs like pit stops, never let kids exit the car in the middle of the street, and knew better than to allow their children to cross mid-block.
This city, back when elementary school included sixth graders, had a terrific traffic safety program, one administrated citywide by a single police sergeant (talk about cost-effective). The kids took their responsibilities seriously and kept their fellow students safe as far as a half-mile from campus. Their safety record was terrific. Another good program lost.
Lastly, hold the school districts accountable for what they do to neighborhoods. All across the city we have small campuses, originally measured and designed for a set number of students, now all but stripped of playgrounds to make room for portable classrooms and childcare centers, creating traffic problems the neighborhood streets can’t handle. No environmental impact reports, no public safety analysis, no concern for their neighbors. The districts have turned their once pleasant campuses into noisy and unsafe neighbors, as they’ve opted to save money to blow on every bad sociological idea that ever came their way.
BS Mon,
It’s interesting to see you looking into the past for a solution. A lot of the things I spout off about are within that same line of thinking.
San Jose survived the depression once. We need to examine what they did then to overcome it, and apply that old knowledge to our modern problems.
Good on you PL.
However, speeding citywide cannot be enforced today with our limited police resources.
I can see this. Not a lot of hiring, tons of retirements/layoffs. The enforcement pool is getting thin.
This would be controversial, but what if we had non-police volunteers operating photo-radar guns in front of schools? They’re not arresting, detaining, or enforcing. They’re just pressing a button on a photo radar gun. A police officer could verify the evidence, and write a citation later.
Robert,
I believe the law requires a sworn officer to hold a radar gun in order to be able to issue a citation so a volunteer or non-sworn person may not be able to assist. However the anonymous police officers may be able to clarify.
Interesting you only take veiled digs at those using a pen name who don’t think of you as being holier than thou and don’t put you up on a pedestal.
Pier,
Any chance we could outsource the police departments motorcycle unit to the Hell’s Angels?
Pier,
Since you turned this from a blog on traffic safety into problems with pensions, why exactly does Pete Constant get a 50% disability for life from the police department? He looks fit enough to stil be doing some job at the police department, especially seeing some of his recent deep sea fishing pictures on his public Facebook site.
WHO exactly is going to enforce these new traffic speed laws Mr. Councilman? We are spread thinner than you can imagine, unless of course a “special project” develops in the neighborhood of a VIP Mayor, City Mgr, Councilperson…
Officer X,
I agree 100%. That is the question of the day. Speeders won’t stop speeding until Police are out there enforcing the speed limit. This is a lesson in futility as far as I’m concerned. Lastly, why are the signs limited to only certain districts? Doesn’t the safety of ALL children matter?
You’re right, limiting the signs to certain districts is odd, to put it mildly. All of our children matter and schools are throughout the city, not in particular districts.
Read his article again,
“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.”
Kirkland,
It was piloted in one area! It also says that, “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.”
Officer Xavier,
Combination of police officers and using technology like photo speed enforcement.
PL,
Photo speed enforcement is illegal in California,
“The authorization in Section 21455.5 to use automated enforcement systems does not authorize the use of photo radar for speed enforcement purposes by any jurisdiction.”
and supposedly city council voted to stop using it in 2007.
source: http://www.thenewspaper.com/news/16/1623.asp
I know our current fleet of photo radar vans is about 150 strong.
This was one of the things I was hounding for during my campaign. These vans are just sitting there gathering dust. Why not loan them out to the schools? Maybe we can’t issue tickets, but there’s no reason we can’t publish photo’s of speeders on the schools website, and in the metro (wouldn’t that be a laugh)
That’s a travesty, having all of those vans gathering dust! They should be sold immediately.
I recall some years ago, where SJPD was going to place purchase orders for more than 100 new patrol cars. Turns out, they had more than 100 brand new cars sitting in the garage, vehicles that had never been driven.
Needless to say, the purchase orders were cancelled. But that piss-poor oversight was endemic of how San Jose values a dollar.
Yah it is a travesty. We should use them though, at least get something out of them. Given that we can’t use them for speeding, we should use them for evidence collection. CCTV video is admissible in court, so mixing up what officer Z said, why don’t we use them to gather evidence for municipal crimes?
Graffiti
Loitering
Trespass
Nice story I like to tell concerning Graffiti.
The owner of Omogari (korean resturaunt in jtown) had some issues with a punk tagging. He got a CCTV camera from fry’s, got the guy on video, burned a DVD and took it from school to school until a principal recognized the kid doing the tagging.
I think we could eliminate tagging by setting up vans in tag prone places, and publishing the video of taggers (and their tags) on youtube, for all to see.
Robert,
We only had 3 photo radar vans that included the photo radar technology not 150. The vans are being used for other purposes and the photo radar technology was sold as the units were 10 years old and no longer covered under maintenance agreement. Good comments on Alum Rock Park on Tuesday.
Use video instead of radar.
http://edcommunity.apple.com/ali/story.php?itemID=131
Let’s go for a ride up ALFR. Any chance you could get a special pass?
Xavier? Poetic I guess for a politician to name something what it is NOT. Officer X will do sir. LMAO.
Secondly, I doubt the neighborhood photo radar will withstand legal challenge(s). That is precisely why the white CSJ vans, placed strategically throughout the city, disappeared. If you have another insight on that feel free. Here is a revolutionary concept: HIRE POLICE OFFICERS! We are HUNDREDS short, HUNDREDS! Surely you have been present to hear Chief Davis address the issue. While it does not effect a VIP like yourself, many citizens wait hours for help and I’m not sure how a camera will help them when they call 911.
Lastly, I have to concur with Officer Z (not Zachary). Please, please do not make an appearance at our briefings. Unofficially you are not welcome. Not a political visit because press was absent?! Hilarious. Let me sit down as I laugh. EVERYTHING YOU DO IS POLITICAL IN SOME WAY, SHAPE, OR FORM!! You are POLITICIAN ramming a 3 ton wrecking ball into our retirement system and binding arbitration. You are despised by rank and file (in case you were wondering). The last thing we want from you are “glad tidings” and Christmas season political B.S. about how much you “appreciate us”. That said, I do agree with one thing you said, you can not please everyone. That said, clearly, YOU DO NOT PLEASE US. Therefore, don’t pretend to be our friend while we work on Christmas. STAY AWAY.
BTW, Happy Monday. Hope you had a nice weekend shaking hands throughout the city.
OMG, someone needs a nappy.
Get a life Greg, then you won’t have to mock individuals who have purpose and make a difference everyday. Nevermind, go back to pushing your pencil Gregory
Shameless hit at the police when you add Parenthesis in the middle of a sentence to take a “dig” at us.
I will though take the high road long enough to make a suggestion worth looking into.
Several months ago I heard a story on KCBS where the County of Alameda passed a traffic ordinance similar to the basic speed law. That was a local ordinance which is enforceable by county sheriff and police. The caveat was the ordinance was heard in local traffic court with the fines collected going to the county instead of the state. Same law, different method of enforcement.
I will give you an example. State law against being drunk in public. (sound familiar??) Enforcement by local cops, prosecuted by DA and sentence under state law. Local municipal code barring drinking in public. Enforced by local cops. Heard by traffic court judge. Fines collected going to city. Get the drift?
This might be an issue worth looking into. Either way, I will enforce any law regardless of where the monies go. I will though however be more incline to cite for a local ordinance that would get me more partners than a state one that gets me nothing.
On a personal note councilman. I know that you have found it politically savvy to appear in the “briefing” of officers on Christmas for the past years. I for one am personally asking you to not come this year. The taste you have left in our mouths is bad enough. The bitterness has not worn off and will not by the holidays. Save yourself the embarrassment of a full briefing walk out and stay away. In case the subtlety is lost on you, the police officers in this city do not like you very much right now.
Time may heal some wounds but the scar from the knife attack will forever be visible on our backs.
Thanks!
Officer Zachary,
Thank you for sharing the idea of using an ordinance/municipal code to keep fines local.
Also thanks for the heads up as I hope time does heal any misunderstandings. I cannot be everything to everyone and I believe most would say I am candid. I have visited the police briefing by myself each year during the holidays not out of politics “since there is no press coverage” but instead say thank you to those police officers that are working during a shift/day when they might rather be elsewhere with family/friends.
You are welcome for the idea. I hope it helps us all.
You are also welcome for the “heads up”. I doubt time will heal any would while you are still in office. I do not expect you to be everything to everyone,no do I want you to be. “Candid” , would not be the word I would use to describe your actions lately. You have visited the briefing along with Mayor Reed and that sorry excuse for a council mate Pete Constant. You argue that there is nothing in it for you because there is no media, but it sure felt to your advantage during election years didn’t it?
All in all, we do not want your thanks. We understand the demands regarding holiday work when we take this job. You want to say thanks? Approach one of us on the street after we have been in a fight and say thanks then. The sterile environment of a safe police building doesn’t have the same effect.
What we would like is an honest approach to the issues with city finance you seem to pile on our backs as your desperately looks for excuses to fiscal mismanagement. I will concede that it is not entirely the fault of this current council, however you have to look right and left and take note to who was on past councils and why they voted then the way they did. Without doing so, you just look sad and easily swayed.
Sometimes it takes more courage to go against the grain and really delve into an issue that it does to be the lemming. How much courage do you really have? Enough to stand up for what is right and fair even though it may cost you an election? That to me is courage.
They key to bringing a successful resolution to any conflict is patience, perseverance and slow methodical tactics. The quickest way to bring about a large scale catastrophe is to react without thinking, without reason and allowing fear to cloud your judgement.
Obviously the above comment is my own opinion, but the sentiment is shared across the ranks. I expect that you may become mad, proclaim me misguided or lashing out. It is your right to interpret my comments how you see fit. It is your right to refute them publicly or privately. I will say, I am upset and I am angry. I am angry with all of you. Those who voted against and those who voted for. I do however respect the fact you have responsibilities and I can even respect that you had to make hard choices. What I can not respect is blaming a multitude of choices made by councils past and present, on one issue. On that idea my friend, I will have to and must call Bull.
Now, Instead of wasting your time worrying about what I think or how your might respond. I would challenge you to don’t. Don’t waste your time on me. Instead use the time to Be courageous. Be outward thinking. Be inclusive. Be broadminded. For heavens sake, BE A LEADER!
“Sometimes it takes more courage to go against the grain and really delve into an issue that it does to be the lemming. How much courage do you really have? Enough to stand up for what is right and fair even though it may cost you an election? That to me is courage.”
This sounds like a description of Oliverio since he has been taking independent stands on issues left and right.
On blog topic I am a south San Jose resident who supports photo radar and feel it should be used as it is more effective and less costly.
Matt,
I do not support photo radar, or cameras period. Fastrak recently sent my fiancé a $30.00 ticket claiming he had not paid a $5.00 toll. I was really angry because he did! Even after he wrote back and explained that I had given him a $20.00 bill to pay the fee and that we got 15 dollars folded in half back, and even after he gave a full description of the toll person, they sent him a letter back saying he had to pay the toll. There is NO way to defend yourself against these devises when you’re innocent.
I want a real cop ticketing speeders so they can’t get out of it. I also must point out that a real cop’s presence does SLOW people down. I think a life saved is worth the cost.
As to Pierluigi’s work for your district, yes, he has done an excellent job. I haven’t seen one Council Member fight for, defend, and get half of what D6 has received in the way of services. D3 and D6, get everything. Other districts are ignored. Our children matter too, and so do our services. Spread the wealth will you? We pay equal taxes.
I agree Pier is very independent. It takes courage and foresight to conduct a survey on every issue before taking a stand. Why, we have another Winston Churchill in the making right here in San Jose.
This doesn’t make sense. Fast Trak fees are deducted via a transponder mounted in your vehicle and charged to your account. There is no exchange of cash on the bridge. You seem confused about this unless there are some missing facts you have forgotten to mention.
Driver,
Nope! We went over the Richmond San Rafael Bridge. You pay CASH. The letter we received was from the Fastrak Customer Service Center, Violations Processing Department SF. Their proof? A photo of the front of Christian’s car! Not even NEAR the toll booth. Ridiculous.
Today they sent us a letter saying they were dropping the fine, and dismissing the claim. Interesting…
That’s a little unfair. That one regularly requests input from the public does not mean one necessarily undertakes only those actions which prove popular with the public. San Jose is a pretty liberal town, for that matter, and I’m not certain Mr. Oliverio’s relatively fiscal conservative positions are really going to serve his future political ambitions (if he has any), especially seeing as how he’s a Democrat (he was elected to the Democratic Party Central Committee last June). But by and large, he seems to be pushing the Council in a sensible direction, when it would be easier to be doing the opposite.
Hey Tom,
Pete Constant is getting a disability pension because… well, he wanted it bad enough. Every year the police department retires a small number of employees who’ve opted to exploit (read abuse) a pathway designed for the truly rare case, that being the worker too disabled to work (dictionary definition as opposed to lawyerly). Now, in order to take advantage, one must first be delusional enough to feel a sense of entitlement for such hallowed benefits—no small feat when looking at lifetime benefits; second, one must be able to maintain composure when explaining to coworkers (who know better) the Shirker’s Choice they’ve had to make; third, one must be willing to jump through a number of hoops, most consisting of visiting doctors, faking symptoms, and playing the waiting game (as tutored by a specialist lawyer).
The police department has a set number of light duty positions, jobs that, though most often filled by fakers too scared or lazy (or both) to work patrol, have also been filled by honorable officers who were wounded, disabled, even disfigured in the line of duty. Mr. Constant could’ve opted for one of those jobs, but he wanted something else.
Rather than continuing on with a dangerous, often frustrating career as a cop, Mr. Constant decided he wanted be a successful businessman. Not enough to put his talents and personal wealth on the line, mind you, like most true entrepreneurs, but enough to leave his cop job and buddies behind (so that they might continue to face danger and make up the retirement dollars he did not earn). You see, he likes things risk-free, and having been awarded a lump sum cash compensation (amount unk, probably >100k), a tax free pension of fifty percent of his salary, health benefits for life, and the right to tap into a generous re-education fund, Mr. Constant was ready to become a risk-free entrepreneur.
But really, did the world need another professional photographer? Apparently not, because Mr. Constant very soon started to long for the old, reliable public feed bag. Lots of youngish “disabled” retirees fail at their new careers, some apply for second jobs with the city, some—desperate to get in on the higher salaries, go so far as to declare themselves cured (can I get a Hallelujah!) and ready to get back on the beat (and find a new injury and a new disability rate).
I’ve never seen Pete Constant’s file, but the typical early-out disability file contains a stack of injury reports so thick you’d think it was Evil Knievel’s, except instead of broken bones, concussions, and ruptured organs, you’d find a comedy of unwitnessed stair falls, miscellaneous ergonomic tragedies, and the old faithful of disability sob stories, the heartbreak of soft-tissue injury.
Hilarious… and probably much more truth than fiction. Wonder if he backs up to the pay window for his Council check each month.
Interesting that Pete Constant considers himself a staunch Republican and fiscal conservative except when it comes to his own 50% disabilty pension for life. If he lives for say another 40 years and gets about 50k per year tax free, that comes out to about $2 MILLION DOLLARS TAX FREE. He looks pretty darn fit now. Put your money where your mouth is Pete. What do you have to say about this, Pier, or do you dare confront this issue with him?
Also, I see that an area that is set to be annexed by San Jose is raising a storm. Good for them. They would rather go to Campbell which I can’t blame them for. Chirco is thumbing her nose at this neighborhood. How can San Jose consider annexing areas when they can’t service the areas they have? I know it is supposedly due to a court order to compensate the county, but San Jose can take it back to court and try to get this changed, at least for now.
http://www.mercurynews.com/top-stories/ci_15829573#article_comments
Why is City of San Jose paying Police and Firefighters average $180,000 to do jobs that could be done with highly qualified people for 50% or less
– Special Events / Construction Traffic Control
– Non Sworn Investigators
– Trainers
– Admin staff jobs
Fire Department has 85% medical emergencies and only 15% fires and are paying 2 -4 times cost compared to for 2 qualified EMT in smaller trucks
– Paramedic & EMT
– Trainers
– Admin staff jobs
Sending 4 person fire truck out ( all other cities use 3 people ) or 2 qualified EMT’s in smaller emergency medical truck for 1/3 vehicle cost and 1/2 or less people cost with non firefighter Paramedics and EMT’s
SJ FD and SC County contract American Medical Response (AMR)Medical paramedic services duplicate many SJ FD medical services which cost taxpayers 2-3 times more necessary
Why doesn’t City of San Jose FD subcontract for first responder medical services at lower costs like 9 other county fire service agencies
” In addition to establishing performance standards and payment provisions, the master service agreement provided authority for AMR to enter into and maintain subcontracts with public agencies (cities) within the County for the provision of specified services. There are nine (9) fire service agencies subcontracting with AMR to provide First
Responder services. “
http://www.sccgov.org/SCC/docs/…/2008/…/KeyboardTransmittal-0028563.PDF
High Cost:
As a police officer for the City of San Jose I can tell you that I make nowhere near $180k a year. I think this number (average) is skewed by the brass at the top or others working lots of overtime positions.
Just wanted to make that clear. Carry on with the traffic issue.
Oh add me to the list of officers who don’t want to see Reed or Oliverio.
San Jose needs more Police and Fire department men/women and does not have money
Sounds like good idea to have more lower cost non sworn employees who are qualified doing needed jobs at lower cost as other cities do, before we have public safety understaffing disaster
Pier,
No thoughts on Pete Constant (getting a 50% tax free disability pension for life, see prior posts)? He is a big hypocrite and nobody wants to call him on it.
All this malarky means absolutely nothing since NOBODY patrols or enforces even the current speed limits, what a JOKE !!!