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Item 22 Staff Report Adopt Resolution Appointing Marc Jensen, Former Member of the Trails and Bikeways Committee, as Representative to the Santa Clara Valley Transporation Authority-County Wide Bicycle and Pedestrian Advisory Committeen COUNCIL AGENDA REPORT DATE: June 17, 2002 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER wIEETING DATE: 7/1/02 ITEM NO. as SUBJECT: ADOPT RESOLUTION APPOINTING MARC JENSEN, FORMER MEMBER OF THE TRAILS AND BIKEWAYS COMMITTEE, AS REPRESENTATIVE TO THE TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY - COUNTY WIDE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE RECOMMENDATION: Adopt resolution appointing Marc Jensen, former member of the Trails and Bikeways Committee, as Representative to the Santa Clara Valley Transportation Authority - Countywide Bicycle and Pedestrian Advisory Committee. DISCUSSION: The Santa Clara Valley Transportation Authority is requesting that Council appoint a member to the county wide Bicycle and Pedestrian Advisory Committee. The term for Los Gatos' current BPAC representative, Marc Jensen, expires on June 30, 2002. Marc Jensen has been recommended by the Trails and Bikeways Committee in the past to serve on the BPAC. Mr. Jensen is a member in good standing, has served the BPAC well, and is eligible for reappointment. Marc Jensen is a former member of the Town's Trails and Bikeways Committee. Attachment: 1. Resolution appointing Mark Jensen to Countywide Bicycle Advisory Committee 2. Letter from Santa Clara Valley Transportation Agency dated April 10, 2002 Distribution: Michael P. Evanhoe, Chief Development Officer, VTA, 3331 North First Street, San Jose, CA 95134-1906 PREPARED BY: C HN E. CURTIS irector of Parks and Public Works Reviewed by: Assistant Town Manager (LAttomey Clerk Finance Community Development Revised: 6/17/02 1:46 PM Reformatted: 5/30/02 N:1PPW\CNCLRPTS\SCVTA.02.wpd RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPOINTING MARC JENSEN TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY COUNTYWIDE - BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE WHEREAS, the Santa Clara Valley Transportation Authority is in need of a Town representative to serve on the Countywide Bicycle and Pedestrian Advisory Committee; and WHEREAS, Marc Jensen is a former member of the Town's Trails and Bikeways Committee; and has been recommended by the Committee in the past to serve as the Town's representative. NOW THEREFORE BE IT RESOLVED, that Marc Jensen be appointed as the representative to the Santa Clara Valley Transportation Authority Countywide - Bicycle and Pedestrian Advisory Committee. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of July, 2002, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Attachment 1 S A N T A C L A Ail' rA. Valley Transportation RA Authority: Debra Figone Town Manager TOWN OF LOS GATOS P.O. Box 949 Los Gatos, CA 95031 Dear Debra: APR 1 8 2002 April 10, 2002 On behalf of VTA's Bicycle & Pedestrian Advisory Committee (BPAC), I request that the Town of Los Gatos appoint or reappoint its representative to the BPAC for the new term beginning July 1, 2002. The BPAC is a sixteen -member committee that advises VTA's Board of Directors on planning and funding issues for bicycle and pedestrian. projects. The BPAC bylaws specify that each member is appointed to a two-year term and that representatives may be re -appointed to consecutive terms. The appointee must be a member of Los Gatos' local bicycle advisory committee, shall live, work, or both in Santa Clara County during their term, and cannot be Town of Los Gatos staff. Los Gatos has one membership position on this committee. A copy of the BPAC bylaws has been enclosed for your convenience. The term for Los Gatos' current BPAC representative, Marc Jensen, expires on June 30, 2002. Mr. Jensen is a member in good standing, has served the BPAC well and is eligible for reappointment. Since representation on the BPAC is very important, it is requested that Los Gatos initiate the necessary action to either reappoint Mr. Jensen or nominate another representative to this committee as soon as possible. All BPAC nominations require confirmation by the VTA Board of Directors. When Los Gatos has selected its nominee, the preferred protocol for official notification is for the appointing authority to send VTA a brief letter. This letter should indicate your nominee's official title, city of residence, be on official stationary and be signed by an authorized representative. If nominating a new BPAC member, the letter should also include the nominee's daytime telephone number, their home and or work address, and a brief biography of the nominee (usually two or three paragraphs maximum). 3331 North First Street • San Jose, CA 95134-1906 • Administration 408.321.5555 • Customer Service 408.321.230 Attachment 2 Debra Figone Town Manager, Town of Los Gatos April 10, 2002 Page 2 of 2 For expediency and surety, I recommend that a copy of the signed letter be faxed, then the original mailed, to: Fax: (408) 955-0891 U.S. Mail: VTA Board Secretary 3331 North First Street, Building B San Jose, CA 95134-1906 Your assistance with this appointment will be greatly appreciated. If you have questions, please contact either Stephen Flynn of my staff at 321.5720 or myself at 321.5725. Sincerely, Michael P. Evanhoe Chief Development Officer Enclosure c: Sandra Weymouth, VTA Board Secretary BYLAWS FOR VTA BICYCLE ADVISORY COMMITTEE Article I GENERAL PROVISIONS §1.1 Purpose These Bylaws govern the proceedings of the VTA Bicycle Advisory Committee (BAC), an advisory Committee established by the Board of Directors of the Santa Clara County Transit District (also known as the Santa Clara Valley Transportation Authority or "Authority"). §1.2 Construction of Bylaws Unless the provisions or the context of these Bylaws otherwise require, the general provisions, rules of construction and definitions set forth in Chapter 1 of the Authority's Administrative Code shall govern the construction of these Bylaws. As used in these Bylaws, "Committee" means the VTA Bicycle Advisory Committee. These Bylaws shall govern the Committee's proceedings to the extent they are not inconsistent with the Authority's Administrative Code, or law. §1.3 Definitions a. As used in these Bylaws, "chairperson" means the chairperson of the Committee. b. As used in these Bylaws, "secretary" means the secretary of the Committee. c. As used in these Bylaws, "Member Agency" means the County of Santa Clara or city within the County. Article II DUTIES AND AUTHORITY §2.1 Duties The BAC is an advisory committee to the Board of Directors. The duties of the Committee shall be as follows: a. Review and provide comments to Congestion Management Program staff regarding plans and designs for an effective countywide bikeway system, updates of the Countywide Bicycle Plan and Countywide Bicycle Map, and bicycle -related issues affecting the transit system. b. Coordinate with bicycle advisory committees of other agencies on multi - jurisdictional bicycle issues. c. Coordinate work and meet as needed with the County Trails Committee. d. Make recommendations to the Board of Directors regarding the Countywide annual priority list of bicycle and pedestrian projects for the TDA Article 3 program. §2.2 Limitations The Committee serves in an advisory capacity to the Board of Directors. It shall have no independent duties and no authority to take actions that bind the Authority. No expenditures or requisitions for services and supplies shall be made by the Committee and no individual member thereof shall be entitled to reimbursement for travel or other expenses except as authorized by the Board of Directors. Article III MEMBERSHIP §3.1 Membership The Committee shall be composed of 16 members who are bicyclists or pedestrians. Each Member Agency shall appoint one member. All members shall live or work, or both, in Santa Clara County during their terms on the Committee. Committee members shall be representatives of local bicycle advisory committees, or, for Member Agencies that do not have a local bicycle advisory committee, their representatives shall be other individuals interested in bicycle or pedestrian issues who live or work in the local jurisdiction. Committee members may not be employed by the Member Agencies they represent. The Board of Directors shall ratify the appointments of all members of the Committee. 2 §3.2 Members' Terms The term of membership of each Committee member shall be for two fiscal years, commencing on July 1 and ending on the second successive June 30. Members may be appointed to successive terms. §3.3 Vacancies A vacancy in a member's position shall be filled for the remainder of the term by the Member Agency which made the original appointment. Article IV OFFICERS §4.1 Chairperson and Vice Chairperson The Committee shall elect from its membership a chairperson and a vice chairperson at its first meeting of the fiscal year, to serve for a one year term. The chairperson shall preside at all meetings of the Committee and represent the Committee before the Board of Directors. The vice chairperson shall perform the duties of the chairperson when the chairperson is absent. In the event of a vacancy in the chairperson's position, the vice chairperson shall succeed as chairperson for the balance of the chairperson's term and the Committee shall elect a successor to fill the vacancy in the vice chairperson's position as provided below. In the event of a vacancy in the vice chairperson's position, the Committee shall elect a successor from its membership to fill the vice chairperson's position for the remainder of the vice chairperson's term. §4.2 Secretary The General Manager shall furnish staff services to prepare and distribute the Committee's agendas, notices, minutes, correspondence, and other documents and will assign an employee to attend each meeting of the Committee to serve in the capacity as the Committee's secretary. The secretary shall maintain a record of all proceedings of the Committee as required by law and shall perform other duties as provided by these Bylaws. 3 Article V MEETINGS §5.1 Regular Meetings Regular meeting dates, time and location shall be coordinated with the dates, time and location of the Citizens Advisory Committee (CAC), Technical Advisory Committee (TAC) and Policy Advisory Committee (PAC). Whenever a regular meeting falls on a holiday observed by the Authority, the meeting shall be held on another day or canceled at the direction of the Committee. A rescheduled regular meeting shall be designated a regular meeting. §5.2 Special Meetings A special meeting may be called by the chairperson with the approval of the General Manager. The meeting shall be called and noticed as provided in Section 5.3 below. (For a general description of the noticing procedures, see the Rules of Procedure of the Board of Directors.) §5.3 Calling and Noticing of Meetings All meetings shall be called, noticed, and conducted in accordance with the applicable provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code). The General Manager and General Counsel shall be given notice of all meetings. The Committee shall meet at least once every three months, unless the Committee's activities are suspended. §5.4 Quorum; Vote; Committee of the Whole The presence of nine members shall constitute a quorum for the transaction of business. All official acts of the Committee shall require the affirmative vote of nine members. At any regularly called meeting not held because of a lack of quorum, the members present may constitute themselves a "committee of the whole" for the purpose of discussing matters on the agenda of interest to the Committee members present. The committee of the whole shall automatically cease to exist if a quorum is present at the meeting. §5.5 Thirty Minute Rule If a quorum has not been established within thirty minutes of the noticed starting time for the meeting, the clerical support staff may be excused from further attendance at the meeting. 4 §5.6 Absences If a member is absent from four Committee meetings in any twelve month period, the position shall automatically be vacated, and a successor shall be appointed to fill the remainder of that member's term. §5.7 Matters Not Listed on the Agenda Requiring Committee Action Except as provided below, a matter requiring Committee action shall be listed on the posted agenda before the Committee may act upon it. The Committee may take action on items not appearing on the posted agenda under any of the following conditions: a. Upon a determination by an affirmative vote of the Committee that an emergency exists, as defined in Section 54956.5 of the Government Code. b. Upon a determination by a two-thirds vote of the Committee, or if less than two-thirds of the members are present, a unanimous vote of those members present, there is a need to take immediate action and the need to take action came to the attention of the Authority subsequent to the agenda being posted. c. The item was properly posted for a prior meeting of the Committee not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. d. By directing staff to place an item of business for discussion and/or action on a subsequent agenda. (This is an appropriate action for issues raised under Public Presentations.) §5.8 Time Limits for Speakers Each member of the public appearing at a Committee meeting shall be limited to two minutes in his or her presentation, unless the chairperson, at his or her discretion, permits further remarks to be made. Any person addressing the Committee may submit written statements, petitions, or other documents to complement his or her presentation. 5 §5.9 Impertinence; Disturbance of Meeting Any person making personal, impertinent or indecorous remarks while addressing the Committee may be barred by the chairperson from further appearance before the Committee at that meeting, unless permission to continue is granted by an affirmative vote of the Committee. The chairperson may order any person removed from the Committee meeting who causes a disturbance or interferes with the conduct of the meeting, and the chairperson may direct the meeting room cleared when deemed necessary to maintain order. §5.10 Access to Public Records Distributed at Meeting Writings which are public records and which are distributed during a committee meeting shall be made available for public inspection at the meeting if prepared by the Authority or a member of the Committee, or after the meeting if prepared by some other person. Article VI AGENDAS AND MEETING NOTICES §6.1 Agenda Format The agenda shall specify the starting time and location of the meeting and shall contain a brief general description of each item of business to be transacted or discussed at the meeting. The description shall be reasonably calculated to adequately inform the public of the subject matter of each agenda item. The agenda may include recommendations for Committee action as appropriate. The order of business shall be established by the secretary with the approval of the chairperson. §6.2 Public Presentations Each agenda for a regular meeting shall provide an opportunity for members of the public to address the Committee on matters of interest to the public either before or during the Committee's consideration of the item, if it is listed on the agenda, or, if it is not listed on the agenda but is within the jurisdiction of the Committee, under the agenda item heading "Public Presentations." The Committee shall not act upon an item that is not listed on the agenda except as provided under Section 5.8. Each notice for a special meeting shall provide an opportunity for members of the public to directly address the Committee concerning any item that has been described in the notice for the meeting before or during consideration of that item. 6 §6.3 Agenda Preparation The secretary shall prepare the agenda for each meeting in consultation with Authority staff and the chairperson. Material intended for placement on the agenda shall be delivered to the secretary on or before 12:00 Noon on the date established as the agenda deadline for the forthcoming meeting. The secretary may withhold placement on the agenda of any matter which is not.timely received, lacks sufficient information, or is in need of staff review and report prior to Committee consideration. Any member of the Committee may request that such withheld matter be placed on the agenda by contacting the secretary in advance of the meeting. §6.4 Agenda Posting and Delivery The written agenda for each regular meeting and each meeting continued for more than five calendar days shall be posted by the secretary at least 72 hours before the meeting is scheduled to begin. The written agenda for every special meeting shall be posted by the secretary at least 24 hours before the special meeting is scheduled to begin. The agenda shall be posted in a location that is freely accessible to members of the public. The agenda together with supporting documents shall be delivered to each Committee member, the General Manager, and General Counsel at least five days before each regular meeting and at least 24 hours before each special meeting. §6.5 Meeting Notices The secretary shall mail notice of every regular meeting, and every special meeting which is called at least one week prior to the date set for the meeting, to each person which has filed with the Authority a written request for notice as provided in Section 54954.1 of the Government Code. The notice shall be mailed at least one week prior to the date set for the meeting. Notice of special meetings called less than seven days prior to the date set for the meeting shall be given as the secretary deems practical. Article VII MISCELLANEOUS §7.1 Adoption and Amendment of Bylaws These Bylaws may be amended by the Committee by the affirmative vote of a majority of its total authorized membership and with the approval of the Board of Directors. 7 §7.2 Robert's Rules All rules of order not herein provided for shall be determined in accordance with Robert's Rules of Order, latest edition. Adopted by the Board of Directors: December 10, 1998 Amended: November 2000 Approved by the Board of Directors: December 14, 2000 8 RESOLUTION 2002 -116 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPOINTING MARC JENSEN TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY COUNTYWIDE - BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE WHEREAS, the Santa Clara Valley Transportation Authority is in need of a Town representative to serve on the Countywide Bicycle and Pedestrian Advisory Committee; and WHEREAS, Marc Jensen is a former member of the Town's Trails and Bikeways Committee; and has been recommended by the Committee in the past to serve as the Town's representative. NOW THEREFORE BE IT RESOLVED, that Marc Jensen be appointed as the representative to the Santa Clara Valley Transportation Authority Countywide - Bicycle and Pedestrian Advisory Committee. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of July, 2002, by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Randy Attaway MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Town Council Minutes July 1, 2002 Redevelopment Agency Los Gatos, California PROPOSITION 12/PER CAPITA GRANT PROGRAM/RESOLUTION 2002-114 (21A.33) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002- 114 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ACCEPT $39,000 IN PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 FOR THE CITY OF MONTE SERENO. Carried unanimously. PROPOSITION 12/ROBERTI Z'BERG-HARRIS PROGRAM/RESOLUTION 2002-115 (21B.33) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002- 115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ACCEPT $10,103 IN ROBERTI Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 FOR THE CITY OF MONTE SERENO. Carried unanimously. COUNTY WIDE BICYCLE AND PEDESTRIAN COMMITTEE/RESOLUTION 2002-116 (22.12) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002- 116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING MARC JENSEN TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY COUNTYWIDE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE. Carried unanimously. WATERLINE CONSTRUCTION IN VASONA PARK (23.33) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council grant an easement to San Jose Water Company for construction of a 24 inch water line within Vasona Park. Carried unanimously. SPORT COURT FENCING REGULATIONS/ORDINANCE 2100 (25.38) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Ordinance 2100 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE OF THE TOWN CODE REGARDING SECTION 29.40.025 AND 29.20.480. Carried unanimously. NORTH SANTA CRUZ STREETSCAPE/PROJECT 0108/PHASE I - SIDEWALKS (28.25) Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council/Redevelopment Agency reject all bids and direct staff to immediately readvertise the project. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Public Interest: Ray Davis, resident, noted that his personal statements to someone in the civic center had been overheard and commented upon. He believes he can say whatever he pleases in a public facility without receiving objection and comment from staff. He also expressed his personal opinion that two Council Members may have a conflict of interest on a matter which they had voted on. WIRELESS COMMUNICATIONS FACILITIES/URGENCY ORDINANCE 2101 (31.35) Mayor Attaway stated that this was the time and place duly noted to consider adopting a proposed Urgency Ordinance to establish a temporary prohibition on approvals of wireless communications facilities. N:\CLK\Council Minutes\2002\M07-01-02.wpd 4