05 Staff Reports - Marc Jensen for BPAC
DATE: TO: FROM: COUNCIL AGENDA REPORT February 6, 2004 DEBRA J. FIGONE, TOWN MANAGER MEETINGDATE: 2/17/04 ITEM NO. ...::)-SUBJECT: ADOPT RESOLUTIONAPPOINTINGMARC
JENSEN, TRANSPORTATION AND PARKING COMMISSIONER, AS REPRESENTATNE TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY COUNTY WIDE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE (BPAC) RECOMMENDATION:
Adopt resolution appointing Marc Jensen, Transportation and Par:king Commissioner, as Representative to the Santa Clara Valley Transportation Authority Countywide Bicycle and Pedestrian
Advisory Committee (BPAC). DISCUSSION: The Santa Clara Valley Transportation Authority is requesting that Council appoint a mymber to the county wide Bicycle and Pedestrian Advisory
Committee. The term for Los Gatos' current (BPAC) representative, Marc Jensen, expires on June 30, 2004. Marc Jensen has served as Chair of the Transportation and Parking Commission
this pastyear. 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 December 12,2003 Distribution:
Carolyn Gonot, ChiefDevelopment Officer, VTA, 3331 North First Street, San Jose, CA 95134-1906 PREPARED BY: &t:{ 1A.t;., J HN E. irector of Parks and Public Works
Reviewed by: ,Town M.anager 4=Attomey Clerk Finance -__,_Commumty Development Revised: 2/6/04 9:22 am Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\SCYTA.04.v.rpd
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPOINTING MARC JENSEN TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY COUNTYWIDEBICYCLE AND PEDESTRlAN ADVISORY
COMMITTEE (BPAC) WHEREAS, the Santa Clara Valley Transportation Authority is in need of a Town representative to serve onthe Countywide Bicycle and Pedestrian Advisory Committee (BPAC);
and WHEREAS, Marc Jensen is a member in good standing, and has served the (BPAC) well, and is eligible for reappointment; and WHEREAS, Marc Jensen is a member ofthe Transportation and
Parking Commission and has served as Chair of the Commission this past year. 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 (BPAC). PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Los Gatos, California,
held on the COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: day of , 2004, by the following vote: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN
OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 1
SANTA CLARA Valley Transportation Authority December 12, 2003 Debra Figone Town Manager TOWN OF LOS GATOS P.O. Box 949 Los Gatos, CA 95031 Dear Debra: On behalf of VTA's Bicycle & Pedestrian
Advisory Committee (BPAC), r request that the TO'Nn of Los Gatos appoint or reappoint its representative to the BPAC for the new term beginning July 1, 2004. 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 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, 2004. 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 th.e necessary action to either reappoint Mr. Jensen or appoint another representative
to this committee as soon as possible. All BPAC appointments require confirmation by the yTA Board of Directors. When Los Gatos has selected its nominee, the preferred protocol for official
notification is for the appointing authority to send VTAa brief letter. This letter should indicate your nominee's official title, city ofresidence, be on official stationary and be
signed by an authorized representative. If nominating a new BPAC member, the letter should also include the appointee'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 408.321.2300
Attachment 2
Debra Figone December 12,2003 Page 2 of2 For expediency and surety, I recommend that a copy of the signed letter be faxed, then the original mailed, to: Fax: U.S. Mail: (408) 955-0891
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 ofmy staff at 321.5720 or myself at 321.5725. Sincerely, " r · Michael P. Evanhoe ChiefDevelopment Officer Enclosure c: Sandra Weymouth, VTA Board Secretary
BYLAWS FOR VTA BICYCLE & PEDESTRIAN ADVISORY COMMITTEE Article I GENERAL PROVISIONS §l.l Purpose These Bylaws govern the proceedings of the VTA Bicycle & Pedestrian Advisory Committee
(BPAC) f an advisory Committee establis0.ed by the Board of Directors of the Santa Clara Valley Transportation Authority (VTA). §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 VTA Administrative Code shall govern the construction
of these Bylaws. As used in these Bylaws, "Committee" means the VTA Bicycle & Pedestrian Advisory Committee. These Bylaws shall govern the Committee's proceedings to the extent they
are not inconsistent with VTA'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 of the Committee. "secretary" means the c.As used in these Bylaws, "Member Agency" means the County of Santa Clara or a city within the County. Article II DUTIES AND AUTHORITY
§2.1 Duties
The BPAC Directors. follows: is The an advisory committee to duties of the Committee the Board shall be of as 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, Countywide Bicycle Expenditure Plan, and bicyclerelated
issues affecting the transit system. b. Coordinate with bicycle and pedestrian advisory -committees of other agencies on multi-jurisdictional bicycle and pedestrian 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. e. Serve as the countywide bicycle advisory committee for the County of Santa Clara. §2.2 Limitations The Committee shall serve in an advisory capacity
to the Board of Directors. It shall have no independent duties and no authority to take actions that bind VTA or the Board of Directors. No expenditures or requisitions for services
and supplies 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 Page 2 of 9
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, shall be other individuals interested in bicycle or pedestrian issues. Committee members may not be employed by the Member Agencies they represent.
VTA employees are not eligible for membership. The Board of Directors shall ratify the appointments of all members of the Committee. §3.2 Members' Terms The term of membership of each
Committee member shall be 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 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 chairperson, in consultation with the Committee staff liaison, may identify items of interest
for future agendas that are relevant to the Committee's duties and responsibilities. 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 Page 3 of
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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. Article V MEETINGS §5.1 Regular Meetings Regular meetings of the Committee shall be held on the Wednesday following the first Thursday of each month. The committee meeting
shall commence at 6:00 p.m. in the Building B, conference room 104 at the VTA Administrative Offices, 3331 North First Street, San Jose, California. Whenever a regular meeting falls
on a holiday observed by VTA, the meeting shall be held on another day or cancelled at the direction of the Committee. A rescheduled regular meeting shall be designated a regular meeting.
§5.2 Special A special meeting may be called by the chairperson wi th 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 Page 4 of 9
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 agerida 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 [Reserved} §5.6 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. §5.7 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. §5.8 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 Page 5 of 9
on items not appearing on the posted agenda under any of the following 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 VTA subsequent to the agenda being posted. c. The item was
properly posted for a prior meeting of the Committee not more than five 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 or action on a subsequent agenda. (This is an appropriate action for
issues raised under Public Presentations. ) §5.9 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 per$on addressing the Committee may submit written statements, petitions, or other documents
to complement his or her presentation. §5.10 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. Page 6 of 9
§5.11 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 VTA 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 For.mat 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 subj ect 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 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. §6.3 Agenda Preparation The secretary
shall prepare the agenda for each meeting in consultation with VTA staff and the chairpers9n. Page 7 of 9
Material intended for placement on the agenda shall be delivered to the on or befbre'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 VTA 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 Page 8 of 9
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. §7.2 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 Amended: April 2003 Approved by the Board of Directors: June
5, 2003 Page 9 of 9