Sunday, June 9, 2013

Special Interests targets the wrong things. The majority still silent or don't know how Republic democracy works

These days I am very frustrated that the majority of the population don't know how to stand up for their rights. It seems like paid commercial special interests run the whole show.

Also special interest groups are not often not standing up for issues affect what the majority of people want.

According to Change.org a petition started in 2011 and went on for ten months petitioning to ban plastic bags. It only received 1773 signatures in this ten month period. According to the Census Bureau as of 2010 California's population is 37,253,956. Apparently it indicates either much of the population does not know how to get involved in politics or this matter is pushed by a very loud mouthed minority that has the power to force the politicians of such a large state to turn their focus away from what the people want to focus. Another example is the petitionsite.com pushing for San Mateo County to ban the bag it only received 122 signatures yet interest groups used pressure and bullied the county to start an unprecendented move to not only ban it in areas under their juristication which applies to unincorporated areas of the county but to let cities piggyback on their EIR to make sure the ban covers as much areas as possible even some cities outside the county in Santa Clara county. Bags only account for less than 1% of all litter in many jurisdictions and is actually the most reused item in the house while other plastic trash are truly single use and account for a far greater burdon in landfills and the environment. Yet media often overhype the issue in order to bring a sense of urgency. They also lie about how an overwhelming majority support these bans while clearly the numbers above show only a very small percentage of the population surveyed. 

There are much greater issues for the population and the groups to fight for. I just don't know why special interests just won't help stand up for what the general population needs and not what they don't need. It seems like Special Interest Groups are busy making the government work against the majority of its voters. State after state locality after locality are proposing or being proposed by pushy groups an avalanche frivolous useless legislation that lack common sense or kneejerk reactions to extreme examples of less substantial issues such as Helmet laws that expand to cover anything on wheels that are not enclosed and now even skis, Bans on takeout bags, containers, cups, utensils, water bottles, fast food, toys in meals, lightbulbs, licensing pets other than dogs, severely limiting kind and number of pets, engine idling, banning safety tested fireworks, fireplace use, curfews, primary seatbelt laws, school lunches, roadway lane use, headlight use, soda sizes, smoking at home, nannys and babysitters, cellphones, piercing and tattooing, the list goes on and on.
Too much frivolous legislation also severely tie up the system and causes more and more distractions that causes an inefficient government system. We already see its consequences particularly in the Liberal States such as California and New York. The two states also has the highest and worst deficits in the country apparently by excessive high cost liberal driven goals. There are plenty of legislation that need to be fixed, antiquated legislation that either need to be adjusted to the times and removed. Legislation that favors the wrong group. Not to mention it causes negative consequences in the very fabric of communities.

The worst issue is while the majority of the residents has issues with their government very few know how to make a difference to change existing rules and not let special interest groups push more useless legislation down their throats not only takes away individual choice but turns the system away from many critical issues.

Critical issues the much of the population faces is,

Universal Health Care with public option proposal had been struck down by big health insurance companies striking a deal with the government to regulate them but force citizens to buy private insurance instead giving them complementary choice for Medicare. Isn't big insurance companies the largest culprit for the medical care crisis in the US? This legislation only help to embolden their monopolistic power and control over healthcare for the masses. The crisis has always been caused by the greedy healthcare insurance companies controlling the price and access of health care. Many times good care is there but artificially made out of reach for the population unless they are willing and able to shell out an astronomical amount of money.
Lawsuit abuse "Tort reform"-Here is another pet peeve these days. Is how do we strike the balance between a legal system that provide the just amount of compensation for those who are in need and not be a lotto jackpot for opportunists. Lawsuit abuse had skyrocketed in many parts of the world. Many would say their country is the worst in abuse compared to others but in reality its been an issue in many countries in the world. It appears that there are an oversupply of lawyers with nothing to do therefore they get in to the practice of "ambulance chasing" to make a profit. In the end everyone loses big time except for the greedy lawyers. While Tort reform is being discussed in many governments there still has not been a good solution that would grant the right amount of compensation for those who those injured while not resulting in multi million lawsuit lotto jackpot situations. Probably limited punitive damages should be the first to be addressed. Lawsuit abuse have caused a lot of smaller businesses entities to turn belly up as well as larger business to merge with one another and becoming more monopolistic and less competition for the consumers. Lawsuit abuse also results in immunity clauses to be built in the legal system as an attempt to curb them from clogging the court system thereby severely taxing tax funding however it also prevents those truly harmed from seeking arbitration and just compensation as many legal systems places immunity sanctions to try to curb courtroom cluttering due to frivolous litigation. Its kind of similar to overuse of antibiotics and other strong immune system building medication.
Sovereign(or Governmental) immunity-
Speaking of the consequences of lawsuit abuse in the justice on the other end of extreme this is the biggest backward aspect of the justice system in much of the USA and its states. Sovereign immunity concept of old English Law regarding the King cannot be sued in his courts that had been struck down by our nation's founding father George Washington but somehow got reinstated by corrupt Supreme court judges in the 1800s. George Washington turned down offers to crown him king in the US saying that that the nation is founded for the people therefore we don't have an absolute unbounded power.  The original intention for Sovereign immunity in the eleventh amendment is to prevent foreign nation to nation lawsuits. However it should not had been used to hold government and its officials above the law particularly as the US is formed as a country without a monarchy. Though it eventually somehow became a principle to wiggle out of legal responsibilities when reckless actions of government personnel injuries citizens or cause loss of limbs or jobs, money, or property which all these rights protected by the constitution. Sovereign immunity had even been known to be asserted to turn down claims by injuries/damages caused by wrongfully arresting individuals, eminent domain situations or abuse, and even injuries and damages caused by out of control city buses, school buses, and trucks. Essentially government must waive this via a tort claims act in order to be held responsible. This, as with Lawsuit abuse needs to strike a balance. Most countries in the world had abolished this antiqued concept since abolishing their monarchy rule. For example Ireland Supreme court rules that in Byme vs Ireland case Sovereign immunity has not survived the creation of the Irish Free state in 1922 and the state can be held accountable acts of its agents. There was a reason that kings were very dangerous in the past and they were overthrown or abolished. The monarchy has been abolished or abandoned in most countries, countries that do keep monarchies such as England and Japan only keep them for show.  Don't know why this old English concept is still defended as policy in the US in the 21st century, with this concept any rights citizens have over the government is moot the government can violate and even harm with impunity in its courts. The only way to overturn it is to have as much citizens as possible gather to protest it. Sovereign immunity is also the reason people are afraid of socialized healthcare as they might be limited in compensation or rights to arbitration when things go wrong. Sovereign immunity also hurts taxpayers more than it protect taxpayer dollars as a person who goes bankrupt due to lack of just compensation or untreated due to lack of power to pay medical bills eventually would need to fall into the social security safety net and would depend on handouts to survive. Like anyone else the government needs to carry insurance and use that and not tax payer funds when things go wrong.

Pursuit policy legislation- Under affirmative Duty clause of the federal constitution the police have no duty to protect you if they did not directly place you into harms way i.e if police officers in the area saw you get beaten to death they have no legal duty to stop the assault perpetuator or rescue you from such an attack. The uniformed officers choosing not to get involved, just like any other citizen bystander would usually be acquitted of a wrongful death lawsuit if one is filed as they had no duty to rescue as they did not get involved in the first place despite the fact they were on beat patrol of that area. However if the police themselves actively places you in danger i.e arrest a couple's husband but abandon a helpless wife at night or places that are dangerous or where help is not available the police would failed in their duty to excise  due care and in this case they be held criminally liable if the woman dies or get injured in this situation. Though police pursuits are a sticky situation in the clause of affirmative duty which its the perpetuator that does the harm by shooting or ramming innocent people while trying to evade arrest but it can be argued that police have an affirmative duty if they agitated the criminal enough to cause them to kill or injury innocents either via weapons or the vehicle their driving or the police know that its dangerous to continue pursuing a suspect based on existing conditions to innocent bystanders.  Having said this the Supreme court of California turned down legislation to make police agencies accountable to justice if they fail to follow pursuit policy. Kristi's law, a bill proposed by a concerned mother after A Chico resident Kristi Priano was killed after her families' minivan was broadsided by a SUV driven by her schoolmate running away from home, was pushed but turned down each time its presented to the CA legislature leaving millions of state residents at risk. It is also important to push for a statewide standard not just local to local standard. Now the so called pursuit "policies" in individual California jurisdictions lack teeth aside from giving departments and their supervisors waiver from criminal prosecution(California penal code 17004) even if it is caused by their wanton disregard and it does not affect those who pursuit across jurisdiction borders. Afterall policies are just policies just like company policies and have no legal teeth aside from being a guideline for disciplinary actions within the department itself it would have no legal justification for prosecution in court of law.  Also pursuit policies don't apply to other agencies that might pursue a suspect through different justifications. An example of this involves a recent tragedy involving CHP pursuing someone who turned right on red at the end of a freeway ramp without stopping first, being the CHP was not bounded by the pursuit policy set by the local police department in that city at all, the car being pursued started to run red lights inside the city streets until it hit a car full of children at high speed resulting in fatality. The good improvement in legislation is that we have a set no fault state fund resource for those involved in pursuit related collisions. Therefore we need to focus on a state wide standard that actually have teeth on pursuit related issues and any tragic outcomes that may occur bring supervisors and those in charge to court if the laws are not followed and resulted in injury or death to innocent citizens. With plenty of ways ranging from simple radios and dash cams, to high tech infrared technology to bring suspects into justice without placing innocents in danger there is no excuse to place the public in unnecessary danger.
Funding the "unfunded mandates" - Here is another issue that cause a great issue is that government pass mandates without thinking about funding it. Money just won't fall out of the skies you know. The two major examples of unfunded mandates include the American with Disabilities Act and the Emergency Medical Treatment and active labor act.
The ADA or American with Disabilities Act was implemented 1990 nationwide. Its part of a global trend to make the world more accessible to handicapped individuals usually wheelchair or walker bound who wants to gain as much independence as possible. Prior to 1990 certain states have their own handicapped rights movement. Though ADA was a sweeping movement across the country that supersedes state and local laws. While its original intention is well though of, ADA due to lack of federal funding has caused massive cost issues for both public and private firms i.e transit agencies and commercial businesses, public buildings, etc. ADA also resulted in "lawsuit abuse" as known as the famous wheelchair lotto jackpot litigation. This has caused transit agencies to severely cutback service to those in the community who really need it.  A reform would involve providing federal funding for those agencies and businesses grandfathered in by licenses prior to ADA but somehow becomes subject to the ADA requirements due to renewal of license or necessary renovations. ADA related Lawsuit abuse as with any frivious legislation also needs to be included in Tort reform.
The Emergency Medical Treatment and active Labor Act Here is another unfunded mandate similar to the ADA that causes extreme burden to the healthcare industry which causes many hospitals to shut down resulting in hospital overcrowding and inability to accommodate life threatening emergencies. The original intent of the act was to combat the practice of patient dumping in which is the exclusion of patients who are unable to show proof of ability to pay first. While the intent is good there has not been included in the mandate for Medicare to cover the cost of such visits in the event the medical center could not recoup costs from the patient. Therefore it is important to lobby who to cover the costs involved with Emergency Medical Treatment and active labor act in the event the medical care facility has done what it can but cannot recover the losses of taking all reasonable steps within a appropriate time frame.
Other issues of concern
International shipping industry- These industries had been coveted by maritime law that had barely been updated since the wild west colonial and piracy era(Remember the infamous era of Pirates of the Caribbean) This coupled with the multi national nature of vessels which can be registered and where there companies are at to bring shipping companies from oil tankers, cargo transportation, and Cruise line industry to justice when things go wrong. For example the BP oil spill incident, Carnival cruise line vessel Splendor and Triumph catching fire and lossing all power in 2010 and 2013 stranding travelers for a week without working toilets, Costa Concordia cruise line sinking off the coast of Italy, Oil tanker sinking off the coast of Spain. The real nightmare is not the tragedy itself but the process for the those responsible to take responsibility for the incident. For example one vessel might have companies in multiple countries but register their vessel in a third country to avoid tax responsibilities. In this case its hard to know whos responsible for the investigation when something goes wrong. In addition when a oil spill happens out in International water it is hard for countries affected to know how to get compensated.  There also appears to be no standard of how to handle cruise incidents ranging from falling overboard or crime aboard apparently no one wants to take juristication over cruise ship incidents. This includes securing just compensation for those cruise had gone wrong such as injury, fire, sinking, crime, or cruise no sail. For now it appears cruise companies just get away with offering a free cruise in such incidents while keeping the guest's money however the guest might never want to cruise with them again what then. Its the 21st century we should not depend on 19th century guidelines as the world has completely changed didn't the lesson of the sunk Titanic teach enough already. Therefore the world, the United Nations, should really look at a way to standardize commercial vessel incidents i.e in the event of crime abroad or fallen overboard the vessel would be held in the next port for investigation by officials from the company, the country of registory, the port country, and the country of origin. In other words the suspect should not be allowed to leave the vessel and be free to go as they often do now.
Criminal record reform- Here is another issue that most of the population overlooks.  Yes one needs to be punished for their wrongdoings but however once they are punished they should have the right to a fresh start unhindered from the past. This issue is more crucial than ever before. While our states still resemble sovereign countries in terms of civil and criminal legal systems there is a great risk to unite their record checking system via computers this includes even driving records. This is especially a risk as the US tightens up its security after 9/11/2001 and strengthens its "war on terror." The US has forced Canada to share criminal data In addition to government eavesdropping on private communications while in reprocity treatment gives National Criminal Information Center, part of FBI, to Canadian authorities. The current criminal record system is quite a blame for "recidivism" a term when a released prisoner intentionally or unintentionally return to prison as they could not adjust to the real world as employers are afraid of them particularly when many job seekers who never been to prison have difficulty finding jobs themselves. These people sometimes end up seeking jobs in the black market such as illegal drug and gun trade or counterfeiting or product piracy just to survive and oftenor harm innocent people or end up back in prison. Or they depend on the social security system putting a burden on tax payers. The criminal record system basically hurts more than helps the community as a whole therefore needs reform. These people could had been an asset to the corporate world if it wasn't for the culture of fear that ruined them. Now the issue is greater as in some areas criminal records actually target minor non criminal infractions that does not even involve a incarnation sentence and barely even handcuffs. There had been issues where travelers had been denied entry from Canada due to minor incidents decades ago. Everyone makes mistakes when young or otherwise however that does not mean that person is going to be committed to a life of crime. A young person who had been caught doing drugs once doesn't make him a long lasting drug dealer. Some people were never really accused or were falsely accused yet could not afford a lawyer to acquit the charges others are the victims of identity theft. However information leaked to the border springs fear for the border patrol of who they are letting in their countries in some cases even after the record had been sealed in the state its kept. The worst is there is a increasing chance the information might be leaked to other countries as well.  We need to draw the line between minor mischievous mistakes that is correctable and not lasting and those who are  incorrigible no matter what punishment. In some countries such as Holland the a person's crime record is automatically destroyed after a certain amount of years with a few exceptions of the worst crimes. In 2010 the commonwealth of Massachusetts overhauled its Criminal Offender Records system to automatically seal most felony convictions after 10 years and misdemeanor after five years and prevent employers from requiring criminal records on official job application forms.There should be hard rules for what goes on the FBI's list such as only serious federal crimes or state crimes comparable to serious federal crimes such as murder. By common sense no one should have their life ruined by a "jaywalking" offense just because that individual jurisdiction overreacted and rat them out to the crime database. All fifty states have different laws on what is felony, different levels of misdemeanors, and infractions(some states don't differentiate between a misdemeanor and a violation/infraction therefore state records are very unreliable to be compared therefore should stay within that state same with driving and other offenses. Therefore we the people need to stand up and fight to correct these issues and not let our society down due to antiquated laws hijacked by modern technology.

There are many more issues that can be reformed which I cannot list them all. For example the new cell phone unlocking ban pushed by unelected officials in the Library of Congress controlling the Digital Millennium Copyright Act (DMCA) is totally against the will of the people of the United States even president Obama is wanting people to petition to overturn it. If they did not overturn it despite so many petitioners this shows United States does not represent its people and therefore no freer than those countries who oppress their people such as Russia and China. Other consumer enemies includes that unique requirements on vehicles sold or imported which is only made to protect the dealerships from competition but nothing to do with safety. Cars made to European and Japanese regulations which are actually officially under United Nation's World Forum for Harmonization of Vehicle Regulations or ECE regulations are just as safe if not safer than cars sold in North America i.e US, Canada, and Mexico. Essentially North American countries now favor big corporations to gain too much control over the market. Though my main point is why we the people are not focusing on these issues and not let special interest groups make the legal system worse not better.

Tuesday, May 7, 2013

Notice to Start Petition to repeal bag ban in San Jose which can be used in other cities as well

Here is an example of a letter to start a petition

As a resident of San Jose which which banned the bag Jan 1 of last year . I have experienced many negatives of the bag ban. The benefits is far from outweighing the drawbacks of implementing a ban I find Cupertino city council really should listen to the will if its people not to fall into pressure by special interest groups threats or false rewards. Cities are not slaves of SavetheBay or SierraClub or plastic industry but they are civil servants for people who pay taxes and elect their officials.

First of all we don't have a retail bag litter problem that is often exaggerated by proponents of the ban  according to Trash audit data from many parts of the country such as from city of San Francisco department of public works environment department, City of Toronto Solid waste Management, Calwaste, Keep America beautiful, and random Bay Area water board cleanup records. Grocery plastic bags only account for 0.05%-0.6% of the waste stream. Puny compared with other plastic waste even including non retail plastic bags which are not covered.  Therefore in reality it would not help Cupertino reach litter reduction goals at all.  In fact a Santa Clara County study with information from San Francisco has proven product bans do not reduce litter.

second It doesn't take a rocket scientist or mathematician  to figure out that figures used by groups to push the ban are completely wrong. Using the statistics they show simple math can easily refute the one million bag claim to actually 1800 which is 1/500 of their claim. Sometimes these claims including those of prices to clean up the are often interchangeably used and copied. Some say California is spending 24million others say Texas is spending 24million cleanup fee and Alameda county will save $24 million in cleanup fees. Its just bogus. I

Experiences with retailers in San Jose made me ask what is success anyways, making poor customer service mandatory?(stores more often run out of paper bags more quickly due to lack of space to stockpile them) Having people walk out with items in arms? Increasing shoplifting in hard times when police are cut back. Lucky supermarket in San Jose had to install metal barriers to control theft as unbagged groceries and large bags from outside makes it very hard to spot thieves.  and self checkout machines are very hard to use now as they are programmed to work only with plastic bags. Having mom and pop stores spend an impossible $10,000+ to bring up to compliance?  The ordinance would also apply to those mobile vendors such as fair/flea/or farmers market who have just a cart or a van and go to multiple cities it is not realistic for them to meet bag and auditing requirements for all these different cities.
Many retailers are poorly educated of what they can or cannot do, Many listen to their corporate uppers and have to wait for them to make a decision which might not be best for their customers. Many San Jose and unincorported Santa Clara county non grocery mall type retailers and bookstores many already use thicker plastic bags theatrically exempt from the ban and fee requirements but they over read the ordinance it and still switch to paper bags. Some storeowners are afraid that if customers bring their own plastic bags in they could be busted.  Its is also quite ridiculous to make mall retailers comply as many use just one bag a customer and almost never the thin grocery type.

 Despite all these claims against plastic bags. In reality I find bags are actually heros and not villians  as people reuse them to contain compress litter and prevent them from spreading and minimize the size of the garbage pile which would otherwise end up in the wild.
 Banning the bag was actually proven backfire in many areas as people would either buy bags containing more plastic for dog poop cleaning, garbage wrapping, wet clothing, hazardous materials, which they now reuse bags for which results in greater bag litter not including other plastic litter which has actually been proven in San Francisco after 2007 in litter audits in the years following increased from 1.1%  to3.3% due to trash bin liner use. Or loathe to properly bag their garbage allowing it to be blown away and scattered.  For example Ireland saw 10% increase in total plastic use and 400% increase in trash liner usage all adding to the landfill after raising their bag tax. Similar situation occurred in Hong Kong after its bag levy. Is this what we call success?

I look and take pictures and noticed the streets of San Jose look worse than ever after the bag ban even then before with garbage piling up on streets, freeways, back alleys, and vacant lots or creeks. Real issue of littering was not plastic bags but bad garbage policies. Now without small bags those who stop to buy snacks on the go have nothing to hold on to their used plastic wrappers therefore they get blown off their hands and onto the streets not to mention garbage piles up quicker when they are unbagged. Though once I leave the borders of San Jose the streets are much cleaner. What is success anyways.

Please don't deny the fact that people are shopping outside San Jose after the bag ban even the ones who actually use reusable bags. Trader Joes managers would easily confirm this each time I go to a non San Jose branch location. Asian stores in Cupertino and Milpitas also saw a spike in customer traffic after Jan 1 2012, parking lots fill up even on weekday evenings just like they do on weekends.

The most important negative consequence is health and safety 

While we have health standards and health inspections for food stores and restaurants it is not possible to make sure reusable bags are sterile unlike plastic bags and baggers would be touching bag to bag. There is no way to make sure reusable bags are cleaned properly before entering the store. The country is suffering from the worst e coli breakouts and it has been confirmed cases in Oregon that a reusable bag was to blame there must be countless cases that are not yet confirmed. According to utexas study grocery bag bans in California is responsible a 34% increase in ER visits where ecoli is included in principal diagnosis it also notably increased death rates. 
In Cupertino with markets like ranch 99 marina, maxim and countless other stores who sell large amounts of bloody raw seafood and meats  as well as countless other imported from China products hygiene cross contamination is a great concern as plastic bags are most likely to be reused only as garbage bags but reusable bags would be used against to place more food inside.  Please place the health and safety of your citizens.

We the people support measure that actually makes a difference and help our community. Such as making better storm drain covers and street sweepers. Also I would like to push reward better than punish everyone if we can reward residents for bring plastic and paper leftovers to designed areas for recycling or composting we can really make a difference in trash amounts in the city. We should also help store and restaurant owners find biodegradable bags and packaging that fit their needs and budgets. Please put these measure to a public vote or future hearing thank you.

Sunday, May 5, 2013

Cinco De Mayo weekend - San Jose's buracracy at its worst

Today is Cinco De Mayo, I wonder what does Cinco De Mayo means to you aside from its May 5 in its direct official translation. 

While it officially defined as the day Mexican Indiginous and Spanish colonists stopped French from invading North America. It was known as the battle of Puabla in which the Mexicans defeated the French army from invading Mexico. It was also taught that the French ultimately were wanting to join forces with the Confederate states to defeat and takeover the Union states up north.  Though in San Jose it means a week of nightmare spontaneous rowdiness in which the police do little about except setup numerous barricades throughout the city and preventing residents from going home. There had been reports that residents had to drive two hours out of their way in extreme congestion just to return to their home a few miles away due to the barricades or even spend a night parked in their cars. Not only are drivers blocked sometimes the police even block pedestrians from heading where they needed to go. Those using transit are also left stranded due to girdlock and reroutes which they might be prevented from getting to buses or trains. While in recent years the city claimed that residents can show proof of residency that they are just trying to return home it has been controversial whether the police would honor it as some residents claimed that they had to confront police drawing guns on them also would residents trying to get home in a whole different neighborhood but requires going through the roads to get there. Would police honor their requests? As how would the police know they are legitimately returning home not to go through and vandalize or meet up with their gang partners. The issue also affects residents just traveling through the city on the Freeways as they some times close down and force entire freeway traffic to detour off in a particular ramp and blocking off other ramps in order to prevent more traffic fr.

I live in the Evergreen area. While my neighborhood is generally east of much of the celebration commotion it is a potential nightmare if have to travel anywhere west of Capital Expressway on the first week of May.  Unlike commute or event traffic its never known where or when a Cinco De Mayo gridlock would occur and whether its possible to steer away from it it is not just the unreasonable revelers causing the jam but the police department which might mandate everyone go the route they want you to go with no way of turning around or to a less congested route. I remember a year when took nearly two hours to get home from church on a Sunday afternoon as well as one year when my sister trying to get home from Daly City when the freeway got shut down without notice. They claim they are do it to try to keep more troublemakers and vandals from gathering in troublespots but there must be better ways. Its very unpredictable its impossible to plan ahead to avoid problems. It would not be enough excuse for us to cancel appointments or church or any other activities that require going anywhere we could barely make aware of the situation until we get caught in it. The city always claim the same excuses over and over year after year. Even though it had plenty of opportunities to improve it relationship with its residents over the issues. The residents had complained for years. The city claims they could not know whether they should close down a street or freeway ahead of time but for many years they should had known potential trouble spots that had been subject to emergency road closure and alert residents and visitors ahead of time.

Each year the city comes up with many excuses about why they do what they do without noticing the residents ahead of time. They claim that they cannot predict what the crowd would do and they have to decide in a whelm to force traffic go in certain directions to control the flow of troublemakers. However since this as happened repeatedly for nearly a decade I am surprised that the city won't learn from its past lessons. For example there is no reason Caltrans and CHP cannot turn on electronic signs ahead of time as they already know historic recurring troublespots and have caltrans ready to adjust the signs to reflect current traffic conditions delay times exit and road/freeway closures/blockages, and be ready to issue a sigalert if a freeway becomes blocked. Traffic reporters are also either lazy or tightlipped on Cinco De Mayo as well compared to normal sudden emergency traffic jams until well after the jam had formed. Worst of all they continue to schedule the Sharks game at Cinco De Mayo weekend while its pretty obvious that large sporting events certain to fuel rowdyness which combined with large crowds and drinking during Cinco De Mayo weekend is bound to bring Mayhem. Other large cities in the country such as New York City and Chicago and around the world can deal with this kind of situation without taking such measures which essentially locks the city down for its residents. San Jose should really take a look at other cities with large Cinco De Mayo activites such as Los Angeles, Denver, as well as Puabla De Los Angeles in Mexico for handing revelers.

What San Jose could and should do to control chaos without declaring war on its innocent residents,

-Schedule the San Jose Sharks Game in another weekend
-Partner with Caltrans and CHP to program electronic signs to calculate commute times throughout the weekend as they usually do and to provide the most updated information on traffic congestion as well as road, freeway, interchange, and ramp closures or blockages. 
-Have Caltrans ready to issue a sigalert if situations require
-Partner with transit/traffic 511 as well as other traffic and news sources to alert potential trouble spots
-Find a way to alert residents by reverse phone calls, texts, or otherwise if violence erupts enough to warrant traffic quarantine.
-Have signs and and media communication to advise drivers traveling down 101 or 280 to travel on 85 when exit ramp shutdowns or traffic control measures are in effect
-Designate official "cruising" parade routes that are well supervised with designated waiting lines to get in that would not tie up traffic for others.

With some twicks San Jose can better its relationship with residents and visitors well maintaining a level of safety and keeping rowdyness in control.

Tuesday, August 28, 2012

Homework already! It still the middle of August and September is still long off in the horizon!


September and its well known Labor Day weekend which is often referred to the holiday to celebrate the unofficial end of summer may be still weeks away. However for students of many school districts around the US in the recent years August has became the New September. Some students even start at the beginning of the month when the 2012 Summer Olympics is still ongoing. While schools around the country had historically started in the first week of September for many decades, ever since the late 1990s due to public criticism that schools around the country are under performing, individual school district supervisors, under pressure to improve test scores in schools around their districts, decides to make sweeping changes to the school system and its curriculum and most of all the school calendar. For example Multi Track Year round schooling, which staggers the time children attended school throughout the year, was experimented in the 1990s and 2000s however finding that academic performance is not better but the costs were too high and facing opposition from parents with children in different schools and teaching staff the concept of year round schooling rapidly declined in popularity and many districts decides to reduce or scrap it.  However it is replaced by the "early start trend" which also started in random districts around the country back in the 1990s instead gained momentum for schools with traditional calendars. As most states often schedule standardized tests in the months of March, April, or May school districts often try to move more of their school years before that date which often means starting in the month of August instead of September and maybe ending earlier for summer or with additional non holiday breaks added in the calendar. The trend often start from Districts start by moving the start of school year from after Labor Day to start a week before usually in the last week of August. Eventually the start of the year gets moved earlier and earlier as the years go by. However the trend rapidly made enemies with businesses venues, students, parents, and even the teaching staff as everyone's summer schedule had been compromised as it was cut into by the early starting schools. There has also been no proof that  test scores or school performance improved after school systems start early actually there had been proof that test scores actually lowered in some districts that adopted the earlier start calendar as opposed to to districts nearby that did not start earlier. In Minnesota there had been a trail in the last three years in which 25 school districts begin two weeks before labor day to see if test scores in spring would increase however after three years the scores had been found to remain flat compared to before the experiment as well as districts that start after labor day.  The issue gone so far that a number of states has put into legislation that schools cannot start before a certain date which currently ranges from third week of August as in Florida  to after Labor Day as the case with Virginia, Michigan, and Minnesota. Believe it or not states often frown upon schools systems starting too early, the reason is due to the fact that it is actually tremendously expensive to operate schools in August when utility bills and other costs to operate schools are at its the highest of the year also tax revenues plummet from venues that depends on the summer holidays for profits in fact many such as aquatic parks have to shut down when school starts, with state budgets being tighter these factors becomes quite an issue. In reality starting schools earlier causes much more problems than solutions however just like knee jerk reactions leading to the plastic bag ban fad our elected representatives of our school systems still think that they are always right and that they are supreme rulers and tenaciously hangs on to this practice despite majority number protests of the population they are supposed to represent unless a higher authority, usually the state, intervenes though even if they do districts often seek waivers and are often successful. 

Lets take a look at the situation today many school systems around the country run under the one hundred eighty day, 1086 hour dual semester school year with each semester running about eighty to little more than ninety something days. One of the major problems administrators face with the tradition September to middle of June calendar is that the first semester stretches over the Christmas winter break and having exams in January which administrators claim students forget what they learned over the break. During the last fifteen years school districts begin various experiments to remedy the problem. Today districts experiment of shifting the pattern by moving the entire school year forward to make the 180 day calendar split evenly between when it starts, the December winter break, and summer. However they did not take accounts the flaws of the semester system itself which is just too long and overwhelms students with less courses down. Some schools have successfully implemented the three trimester system instead and shown success and school can start later while exams avoid conflicting with holiday breaks. However this issue is secondary for school administrators compared to main reason which is the pressure to place more days of school before the standardized tests in order to prepare students. Thats explains the reason why many school districts may start in August yet still schedule end of semester exams after Christmas break in January.  A study involving school years had revealed in 1993 about 51% of schools started before September 1 but in 1998 the figure jumped to (76%) Today you have to think more August than September for back to school as August, is now increasingly being used instead as a back to school month in school districts all around the US sometimes as earliest as the end of July Its sad because August usually the universal full month of summer vacation in much of the Northern Hemisphere. Actually in parts of the European Union its not so uncommon for employers to give workers "summer vacation" off on August as well. Now students in the US are missing out on the only month they might be able to have down time out of work and summer schools. The actual number of instructional days have not being changed [set by each state according to funding availability] instead the release date may have been moved to sometime in May instead of June or the lost days may have been made up with intersession breaks all at the individual discretion of each school district. The experiments by the school districts have not been successful according to educators and in fact the better performing school districts in the country still uses the traditional September to June schedule (not the year round or early start schedule). Overall scores of schools which started the year early actually declined instead of risen after they experienced with early starts. Today a growing number of states are actually tried to legislate school acts requiring non year round school districts to keep the year between September 1 and June 20 since the early starts school districts impose are not gaining more benefits than drawbacks and cost a fortune in state educational funding. According to a citizen organized coalition website Texans for a Traditional School Year and Tulsa World News on November 17, 2002 Tulsa Public Schools saved $500,000 in utility and other cost of operation by delaying schools from opening in mid August to after Labor Day. In Texas according to Texas Comptroller of Public Accounts electric bills alone were as much as $10 million a year higher as a result of early August starts of schools around the state. A shocking amount considering utilities in Texas are actually among the cheapest in the nation due to its generous supply of oil and natural gas. In addition to energy costs there is also the cost of back to school absenteeism which actually puts academics behind in a classroom. There are those who cannot make it back to school either for a preplanned family events but the most pressing are the migrant working students who return to their home countries such as Mexico where they often have to work until September 1. The good news is as of 2008 Texas now requires school districts receiving state funding to start no earlier than the fourth week of August and cracks down on waivers making them nearly impossible to obtain. 

If this trend continues unabated famous line teachers say for decades for which the children love to hear at the beginning of their summer vacation which is "see you in September" would become a little more than a hollywood fantasy. Believe it or not the trend as of 2012 has finally penetrated schools around hollywood as Los Angeles Unified School District finally embarks on the early start trend in 2012 starting the school year in August 15 instead of after Labor Day breaking tradition for the very first time in its history for non year round schools. For some reason the district and many surrounding districts in the city as well as neighboring cities and towns in the metropolitan area including in Orange County stayed off the early start trend kept their start dates after labor day long after districts in rest of the state and country embraced the trend. I guess its due to the abundant amusement and entertainment industry influence as they need the revenue and the day labor. In other parts of the state and country amusement parks and local recreational activities have to greatly cut their operation once school has started. However as with everywhere else it was only a matter of time before the trend penetrates the area. Surprisingly according to a Redding.com news article back in 2006 that advocate that schools in the Redding area start after Labor Day instead of early August, nine out of ten best performing school districts in California start classes after September 1. Again it seems like everything else the administrators would always think their decisions are right even if they know they are wrong and its unlikely they would lift their policies even if no improvement or even harm is reported for years and more places and administrators would be lured jump off the same bridge. Therefore its important for members of the community particularly teachers, parents, and pupils to stand up as a community to make things right. In other words take the bull by the horn and show who the representatives are really representing and correct their mistakes and find better solutions to improve education. Think of how much school funding would be stopped from going down the drain if all schools in California started after September 1 which can be used to improve education. This is especially true when the state and its school system is facing ever so extreme budget deficits. 

Here are some links to privately formed coalitions, note there are some states not listed such as savecaliforniasummers.org

c


www.SaveTennesseeSummers.org


www.traditionalschoolyear.org



www.savealabamasummers.org


www.georgiansneedsummers.com

save florida summers
www.saveoursummers.org

save sc summers
www.savescsummers.org

Save NC Summers
www.saveoursummer.com


Save PA Summers
www.savepennsylvaniasummers.org

save sc summers
www.savearkansassummers.org

Friday, August 17, 2012

Just how flawed can San Francisco Bay Area transit agencies can get

Just how flawed can Bay Area transit agencies can get

The flaws of public transportation in the Bay Area.

I lived in the San Francisco Bay Area for about fifteen years. I notice while San Francisco do have a number of transportation options there is a lot of flaws with the system. Mostly the flaws have to do with the management of the system. While it is true that passenger train and rail transit lags behind in the US and around the state of California as compared to European and Asian cities there are some things I just find ridiculous and inexcusable.
Santa Clara VTA Montage.jpg
Take Santa Clara county Valley Transportation Authority for example, I noticed they always complained they are short on funding and have to cut back. However at the same time they keep expanding their "light rail" network which people often describe as the lightly used rail. The projects are quite expensive but they push on by compromising their existing service and laying off employees. The rail system was expanded from a history trolley system in downtown and into a full scale system in 1987 and continued to expand afterwards. The system was quite expensive to build and run sometimes needing expensive elevated structures such as the 3 mile long flyover above Great Mall Parkway in Milpitas. It is also subsidized more than bus service. For example VTA buses issue no free nor discount transfers meaning one would need to pay the full single ride fare currently $2 each boarding which can be hefty if two or three buses necessary to get to ones destination and its rare to not need to transfer. If you take three buses you might as well buy a $6 day pass. However for the light rail, which runs under the honor system which, unlike buses or BART, tickets are not checked to enter the train however it is expected to be retained for rare fare inspections by one of the five fare inspectors systemwide), one "single ride ticket" which is Good for light rail only actually allows unlimited rides and transfers on the light rail system for up to two hours. There is even a 8 hour $3.50 pass that is good for light rail only that bridges the gap between the 2 hour ticket and the $6 day pass. Therefore it is actually cheaper to take light rail than the bus. Also the system is lined up in a method that is quite useless to much of the population. I.e. they expanded the system toward the east side after heading to the north northside and Milpitas where there is low density homes, apartments, and big box stores, very few people would ride a system that is quite far for their house having to walk through neighborhood and big parking lots  and requires them ride in the opposite direction that they are going unless they want to head to Milpitas or North San Jose. If they worked in the cities of Santa Clara, Sunnyvale, or Mountain View they would need to transfer to another line at Baypointe or Tasman station. Nowadays VTA plans to extend the line down Capital Expressway all the way down to Capital light rail station which is even more useless as the population density near much of Capital Expressway is low and the light rail doesn't appear to go in the direction much of the population would travel. If VTA wants a rail system that would do good to the general population they should build to places that already has a high density population and high transit ridership. The Campbell line is the only line that kinds of meet this requirement as it links higher density cities and provides light rail to San Jose Diridon station the main station for Caltrain, ACE, and Amtrak. It would be much sensible have extended the existing light rail from its Mountain View terminus to Palo Alto downtown would had been a much better candidate for light rail as its European like neighborhoods encourages walking and transit which many residents already do. VTA should also had planned a line between the European styled shopping residential complex Santana row and Eastridge transit center thru San Jose Diridon station.  The line should go in a subway under Santa Clara street between Diridon station and 24th street where currently the busiest bus lines run nowadays and BART is already planned to tunnel there. It can work just like how Muni tunnel lines under market street in San Francisco at the same time eliminating the current light rail sidewalk crawl through downtown area. The light rail line should then travel eastward via 24th street and McLaughlin where there are many high density residential apartments, condos, and shopping as well as Story rd overpass to busy Story and King road Intersection and near San Jose Giants stadium, and down Tully Rd to Eastridge transit center which is also in a busy high density neighborhood with high bus ridership and many bus lines converge here. However the plan for light rail had been scrapped completely and in its place a Bus rapid transit corridor has been implemented as line 522 which runs parallel to VTA's busiest bus line line 22. Even more ridiculous is that VTA opened an "express light rail service" in Oct 2010 that skips stops in the fastest portion of the line when the light rail runs down the middle of the highway 87/85 corridor at freeway speeds but same fare and does not require upgrade to express fare unlike with vta express buses. However the so called "express train" only save 4 minutes through the skipping five stations between  Ohlone/Chynoweth and Convention Center in Downtown and still has to crawl through the downtown sidewalk at seven miles per hour and only this idea makes no sense at all. Not to mention in 2003 VTA scrapped its entire fleet of Urban Transportation Development Corporation Light rail cars that were barely more than a decade old with brand new Kinki Sharyo Co light rail cars on which is quite wasteful when they should have just added new ones to the fleet as needed. The new elevated platforms that provide level boarding for the new trains can make boarding the steps easier for the old trains. The old trains were compatible  as well as the height of the bottom of the door is the same for both trains this is proven by this picture Light-rail station

Another big issue is San Mateo County which is often known as the Peninsula.  If we compare the Peninsula and east bay its a no brainer that the Peninsula which consists of a corridor of relatively densely populated cities and town on the narrow strip of land between the coast range and the bay with US101 and El Camino Real runs right through the heart of all cities downtown a metro rapid rail system like Bay Area Rapid Transit or commonly known as BART with frequent headways and quick acceleration/braking capabilities would be the most suitable compared to a heavy rail train(caltrain) which has many operation limits therefore reducing frequency and takes much longer to get up to speed and stop. However due to bureaucratic issues BART had been banned from the Peninsula but built in the sprawling low density spread out east bay. Its hard to believe that places like Fremont, Dublin/Pleasanton, Concord, or Pittsburg having BART metro trains that runs every fifteen minutes all day yet in the more densely populated Peninsula where its city center after city center in a line and many employment opportunities they only have a diesel heavy rail train(Caltrain) that only runs hourly midday and most local non express runs takes more than an hour and half to complete the run. The express trains of Caltrain which skips stops only travel during commute hour, while it gets end to end between San Jose & San Francisco quicker, however it skips out most of the stops making it hard for many mid peninsula residents to ride. In the east bay the Bay Area rapid transit is usually only good for trips to San Francisco or Oakland unlike in the Peninsula which can be used for travel between local cities where many employment opportunities in addition to basic needs which a metro system is meant for.  Therefore under common sense a commuter train which was there before BART was built is more suited for east bay cities while BART is most suitable for the Peninsula. Though due to various bureaucratic issues now we have a frequent headway metro in the sprawling suburban east bay and a low frequency headway commuter train in the densely populated Peninsula which is quite dangerous as it had killed many people due to frequent grade crossings which BART does not have. Its only a matter of time before a major crash between Caltrain and a freight train to cause a major disaster in those densely populated neighborhoods. This is not to mention how locomotive horns disturbs the surrounding community which lowers the desirability of living in a transit oriented neighborhood. Also BART should had been built to serve more location in San Francisco than it currently does. Currently BART is the fastest means of transportation within San Francisco however it only serves a narrow corridor down market toward Daly City. It would be in the best interest of the public to have BART serve the corridor to west San Francisco in place of those sluggish Muni light rail street cars and serve the new central subway corridor. BART had originally planned a line to Marin County north of the Golden Gate Bridge however the county turned down due to the cost to the county. There should also be more BART lines traveling through San Francisco as a whole such as down Geary street and to other main residential areas of the city on the especially on the west side so they can commute at ease to the main business centers of the city which is now painfully slow with the existing Municipal railway and bus system.

Though the flaws is not just with public transit. Freeway and street design is also pretty bad throughout the bay area especially through the San Jose area where from narrow back streets to the largest throughfares the roads often have to both dodge residential and commercial development, farmlands, and other hazards resulting in constant merges. Many times roads narrow suddenly to dodge someone's house or yard therefore it is only a matter of time before someone runs into a house. Freeway lanes also suddenly disappear and reappear in stretches it seems like they never finish the job of widening the roadways resulting in constant bottlenecks. 101 through San Jose is a great example of this situation as well as 280 and 880. Its very hard and prohibitively expensive to change infrastructure once it is built. Therefore a lesson for all projects in any urban area is for urban governments to cooperate and think about the future rather than be shortsighted.

In a Republic running under the concept of Democracy what are normal citizens allowed to vote on and what can only be decided by officials

Here is something that really puzzles me. In a republic form of "democracy" who decides what legislations considered open for public votes as compared to those limited to voting within the government itself. In simple words what the public is or is not allowed to vote on or have a say. Apparently the population have little if any chance let alone getting a chance to cast ballets when it comes to passing of many driving related legislations in most juristications such as seatbelts that affect people's everyday lives as well as many other legislations such as whether styrofoam or plastic bags can be used in restaurants and grocery stores. However what is put into ballets usually include how money is spent in proposals to fund organizations such as transportation or school districts. Unfortunately most people either would not understand the complicity of the ballots or are not aware of what its intention so allowing them to vote on that issue is just not very practical its hard to understand them let alone to vote yes or now on those measures. Often the funding is not appropriately used after the ballot passes.   It seems like while governments in Republics often consider themselves for the people I often find them not representing the people as much of the population have no say in many things the politician decide for everyone to follow.  I always wonder why not let the population vote on issues that affect them the most and is easiest for them to understand. Otherwise what kind of democracy we have and what do are elected officials represent other than what he wants to represent.

Its important to know the subtle differences between republic and democracy. In a direct democracy all those with voting rights have absolute say over all things. In a republic however the minority's voice is heard as well as the rights of the minority is also to be respected.
In California surprisingly people are allowed to vote on Prop 8 which actually is a vote to change the constitution of California regarding marriage. Though California is officially a republic. A republic is a government that actually respect the rights of minorities as well. Republic essentially runs under the concept of liberty and justice for all therefore rights of the minority is actually a priority instead of mob rule in a democracy. Changing a state constitution certainly requires much more due process than just mob rule. Therefore a measure would require more hurdles than just 51% of "yes" votes. Another controversial  issue in California that people are allowed to vote on is the Three strikes law. Originally the intent is to lock away the most violent offenders kind of like lock them up and throw away the key mentality. However the three strikes law in California is wide open for abuse from overzealous judges as unlike other states with similar three strikes laws California allows a liberally defined any felony to count as a third strike instead of a violent felony. Abusive judges often illegally upgrade minor misdemeanors to count as felonies to get a repeat offender to be eligible for the third strike this is particularly true when these corrupt judges deal with African and Latin Americano groups. This has caused many disastrous consequences to the state as a whole such as prison overcrowding which forces real dangerous criminals back onto the streets, results in loads of state tax dollar funding be diverted to the prison system, results in third strikes criminals been even more dangerous as they have nothing else to lose and might do anything including killing and injuring innocents just to escape from being caught for a minor offense. Though many people might not understand the real issues of the three strikes law and the consequences they face as a result and might vote no on it being "soft on crime."

There are many unanswered questions in a about whether the officials actually represent the people who elected them or they seem to represent themselves or the organizations who are friends with them but enemies with much of the public. Why we have no say or vote on most traffic related issues. Why are we allowed to vote on marriage issues but not on what firearm or fireworks we are allowed to own or to use? Why are we allowed to vote on certain measures regarding schools but not the school calendar or curriculum in our neighborhood schools? Therefore I always wonder who or what determines whether a legislation change is open to voting by the general public as opposed to only in the Assembly or the Senate or in the Supreme Court of California?

Saturday, August 11, 2012

Why the Olympics is so important even when compared to other International events such as Expos.

Ever wonder why the olympics is so important even when compared to other world events such as Expos. 

Its now almost two weeks since the beginning of the 30th Olympiad that opened on July 27, 2012 in London. As expected the olympics has gotten the most media attention during these weeks. The most the most focused among events of all the athletic events in the olympics are Swimming and Gymnastics. With Gabby Douglas being the first African American gymnast to win the gold medal in the individual all around gymnastics. Also Michael Phelps officially becoming the worlds greatest olympian after encountering game starting hiccups yet in the end totaling more medals than Russian Gymnast Larissa Latynina with 18 golds and twenty two total medals. As always the olympics had been a very monumental event that countries spend an astronomical sum of investment usually equal to countless billions of US dollars. The 2008 olympic games in Beijing which was officially known as the games of the XXIX olympiad happens to be the most expensive olympic games in the history of the olympics. The games costed about an estimated of $46 billion US dollars which is many times that of other olympic games in the history of olympiads. The central government of China and the municipality of Beijing built 31 venues just for the olympics in addition to completing terminal 3 in Beijing airport which was rated the worlds largest airport terminal and costed 3.5 billion. The in addition to building venues there is also the cost to run the event particularly to through off a spectacular opening ceremony with many stage effects and fireworks. The Beijing opening ceremony alone costed $100 million. These figures are quite hefty for a place like China where the per capita income was about $6000 as of 2008 and the country was very poor before it flourished in the 2000s.

The importance of the olympics extends to matters far beyond the costs. The media attention of the olympics. How many people in the world would turn their attention to it. Also many changes had to be made to the hosts cities. In Beijing for example many older hutong neighborhoods had to be razed. Driving was limited to the day that is odd or even depending on the day of the month and the car plate number. Many older trucks were forced to be removed from service. Though what is truly amazing is that while Chinese drivers are always known for flouting the rules in traffic getting away with everything from driving on the shoulder or other prohibited lanes, driving on sidewalks bicycle lanes, flouting registration and exhaust emission rules, driving wrong way, and a long list. The boom in factories around Beijing create unimaginable pollution the urban area. In addition to driving Chinese often have many bad habits such as spitting in public and littering. However the mention of the olympics made great changes to people's pride in public decency. Making the new rules is actually the easy part having the population comply with it is the most difficult part even in a central communist style government in China. In the past most of the population would cheat official rules whenever the officials aren't paying attention. I was surprised that the Chinese did the impossible for 2008 olympics. I thought they would need to put concrete and steel barriers around all the olympic lanes to prevent cheaters and a bunch of red guards let olympic vehicles into and out of it but it seems unnecessary as people learned to respect them just like carpool lanes in North America.  For the first time ever Chinese actually observed the rules without continuous intervention from the police or the guards. It seems like when Chinese or other people take pride in something mission impossible can be done.

In conclusion people would say that the olympics is a chance for many countries to come together to compete their athletic achievements, it seems even countries that are usually hostile to each other leave their hostilities in the lockers in the olympics. The olympic event seems like a red cross hospital in the warfield where it is not to be attacked by any side as it contains your own people even if it contains enemies. While there are other major events such as the world expos. None of them can match the olympics in media attention they receive and the changes that cities need to host the event. Also unlike other events even those who are not normally fans of sports or athletic events would still be glued to the media during the olympics. For countries like China it seems like a great chance to for the Chinese show the world that "they can."