BPC 10-21-20 Agenda PacketCITY OF CUPERTINO
BICYCLE PEDESTRIAN COMMISSION
AGENDA
Teleconference Meeting
Wednesday, October 21, 2020
7:00 PM
Teleconference Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Wednesday, October 21 to the Commission at
bikepedcommission@cupertino.org. These e-mail comments will be received by the
commission members before the meeting and posted to the City’s website after the
meeting.
2) E-mail comments during the times for public comment during the meeting to the
Commission at bikepedcommission@cupertino.org. The staff liaison will read the emails
into the record, and display any attachments on the screen, for up to 3 minutes (subject to
the Chair’s discretion to shorten time for public comments). Members of the public that
wish to share a document must email bikepedcommission@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the Commission, click on the link below to register in advance and access the
meeting:
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Bicycle Pedestrian Commission Agenda October 21, 2020
Online
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After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
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instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
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Bicycle Pedestrian Commission Agenda October 21, 2020
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference meeting who is visually or hearing impaired or has any disability
that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48
hours in advance of the meeting to arrange for assistance. In addition, upon request, in
advance, by a person with a disability, meeting agendas and writings distributed for the
meeting that are public records will be made available in the appropriate alternative
format.
ROLL CALL
APPROVAL OF MINUTES
1.Subject: September 16, 2020 minutes
Recommended Action: September 16, 2020 minutes
Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
OLD BUSINESS
NEW BUSINESS
2.Subject: Interstate 280/Wolfe Road Interchange Class IV Bikeway Design Concepts
(Stillman)
Recommended Action: Receive Information and Discuss Design Concept Alternatives
for the Interstate 280/Wolfe Road Interchange Class IV Bikeway (Stillman)
A - I-280 & Wolfe Class IV Bikeway Exhibit
3.Subject: Bubb Road Class IV Bikeway Design (Aumentado)
Recommended Action: Receive Presentation on 90% Plans for the Bubb Road Class IV
Bikeway Design (Aumentado)
4.Subject: Appointment to VTA Bicycle Pedestrian Advisory Committee (Stillman)
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Bicycle Pedestrian Commission Agenda October 21, 2020
Recommended Action: Appoint Commissioner to Represent Cupertino on the VTA
Bicycle Pedestrian Advisory Committee (Stillman)
B - Cupertino Appointment Letter
C - VTA BPAC Bylaws
STAFF AND COMMISSION REPORTS
5.Subject: Staff Report (Stillman)
Recommended Action: Receive Staff Report (Stillman)
6.Subject: VTA BPAC Report (Lindskog)
Recommended Action: Receive VTA BPAC Report (Lindskog)
7.Subject: Report on Subcommittee assignments and general comments
Recommended Action: Report on Subcommittee assignments and general comments
FUTURE AGENDA SETTING
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City.
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment.
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DRAFT MINUTES
MINUTES OF THE REGULAR MEETING OF THE
BICYCLE PEDESTRIAN COMMISSION
September 16, 2020
Draft Minutes
The meeting was called to order at 7:00 p.m.
ROLL CALL:
Present: Gerhard Eschelbeck, Muni Madhdhipatla, Erik Lindskog, Ilango Ganga
Absent: None
Staff: David Stillman, Staff Liaison
Others Present: Marlon Aumentado, Associate Engineer
APPROVAL OF MINUTES
1. July 15, 2020
Ilango voted to approve, Muni seconded the motion. Motion passed 4-0.
2. August 19, 2020
Gerhard voted to approve, Erik seconded the motion. Motion passed 4-0.
Ilango requested that links to documents be provided within minutes. David will look
into the feasibility.
POSTPONEMENTS
No postponements
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
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None
OLD BUSINESS
1. Mary Ave Protected Bikeways Project
Marlon Aumentado provided a presentation on the details of the final design plans for the Mary
Ave protected bikeways project. The commissioners were overall favorable to the design. A
summary of comments received from the commissioners:
• Consider providing a safe connection from the future Westport driveway to the
northbound bike lane.
• Make sure that the design is consistent with the Westport development, and that work
completed with the project won’t need to be removed when Westport develops.
• Consider shorter bollards, to avoid being hit by bicycles or vehicle side view mirrors.
NEW BUSINESS
2. 2016 Bicycle Transportation Plan Update
David Stillman provided updates on various bike plan projects:
McClellan Road Separated Bikeway Phase 2…project is well underway and will finish by mid-
November. David described challenges and concerns expressed by residents living along
McClellan that may result from the project, most notably loss of on-street parking and difficulty
in backing out. Muni provided further details regarding these concerns. David described that
the City has recently revised the city standard for circular driveway, so that residents on
McClellan are able to pursue that if they wish.
Ilango suggested having city paying for circular driveways. David replied that the City is unable
to do so, due to issues involving the use of public funds for private improvements. Ilango also
suggested that staff engage in more proactive community involvement during the planning
process for future projects.
Regnart Creek Trail: David reported that we will be receiving a 95% plan submittal within a
week or two. Staff is trying to wrap up the fence selection process with residents. The project
will be bid around November, and construction Spring 2021. Ilango asked the status of the
Lozano and De Palma discussions. David reported that the design will be included in the 95%
plans, and a follow up meeting will be scheduled with those residents.
Stevens Creek Blvd Class IV Bike Lane, Phase 1—David reported that the contractor agreement
has been executed. The Notice to Proceed has not yet been issued, pending schedule/lead-time
discussions. There will be a 60 working day construction duration. Anticipate completion prior
to end of calendar year. David reported that Phase 2, Wolfe to Highway 85, is currently in
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design. Gerhard suggested we bring Phase 2 to the commission for review. David replied that
staff would be do that.
Junipero Serra Trail: David reported that the agreement with BKF is executed, and the service
order is in the process to be executed by end of this week. Schematic design of east and central
segments will soon follow. Muni asked if the BPC could be involved in the renaming of the
trail. David replied that he will look into that request.
School Walk Audits: David reported that work orders have been issued to City crews to
complete the Phase 1 signing and striping-related improvements. The more challenging Phase 2
items will be prioritized once the work orders have been issued.
Bike Boulevards: David reported that Phase 1 is completed. Staff needs to perform some
outreach to affected residents prior to implementation of Phase 2.
Bubb Road: David reported that the project is in 65% design. Will bring this to BPC for review.
Gerhard inquired about the status of the Carmen Road Bridge and prospects for further funding.
David replied that direction to prioritize the project for funding would need to come from
Council, at this time Public Works is not planning on requesting funding for the project.
Ilango and Gerhard asked if there was a way for the commissioners to be notified ahead of time
if a bike project was going to be heard at a council meeting. David replied that he will strive to
provide these notifications to the commissioners. Gerhard suggested notifications to the
commissioners if there is only short notice before a Council meeting, or agendizing the item at
the BPC if there is more time. Ilango suggested holding a special meeting is also an option.
STAFF AND COMMISSION REPORTS
3. Staff Report (Stillman)
None
4. VTA BPAC Report
Erik gave a presentation. Topics include the Tamien and Blossom Hill station access
improvements, Foothill Expressway improvement update, and the Manila Ave bike/ped path
in Sunnyvale funded by Google.
David added an update on the Homestead Road VERBS project managed by Sunnyvale.
Cupertino has issued encroachment permits to Sunnyvale for the construction.
5. Report on Subcommitee Assignments and General Projects
Muni gave a summary of the Mayor’s meeting:
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Hosts: Vice Mayor Darcy Paul and Manager Deborah Feng.
• Fine Arts – Diana Matley: Working on 3 art contests now. Flyers are out.
• Sustainability Commission - Gary Latshaw
• Planning – Kitty Moore: Exemption request for hillside pool in backyard. Granted
permission. Bird safety at less than 50 feet areas and dark skies.
• Teen Commission - Anagaa Nathan: Working on website refurbishing. Completed Hack
Cupertino recently. Working on Pizza and politics. Removed Teen Townhall on politics.
• Library – Amanda Wo: Presented on senior programs. Poet Laurate window is open now.
Library curbside pickup and drop is working well; the hours have changed. Extended
WiFi to the parking lot.
• Parks & Rec – Carol: Good work on two subcommittees on Strategic Plan and Rancho
Rinconada. Rancho is asking to merge with Cupertino Parks & Rec. Working on survey
and community input.
• Public Safety – Tiffany: No significant fire events.Planning for a public safety forum in
October. Mental health during pandemic presentation by NAMI.
• Bike Commission – Muni: Bollinger Road Safety Study started. McClellan Phase 2
project implementation in progress; residents concerned about safety and parking; city
staff is working to address their concerns. Stevens Creek Bike Lane project is moving to
implementation phase. Junipero Serra trail in coming up next.
• TICC – Mukesh: Adaptive traffic signaling – Subcommittee working on a POC. Multi-
modal Traffic flow – Pilot program in works. Climate monitoring – Pilot in Spring 2021.
Water scheduling based on moisture – Conservation efforts; working with vendors. Noise
measurement – Pilot program in works using IOT sensors. Fiber optics and Wireless
master plan is under development.
• Housing – Siva: Subcommittee for housing survey with 2 council members – Working on
this survey.
• Audit Committee – No one.
Ilango gave update on meeting between TICC Traffic and Video subcommittee and BPC Traffic
and Technology subcommittee. At that meeting, discussed next steps, how to create
implementation plan from objectives, how to collaborate with City staff, and how to identify
locations for pilot projects. Will continue to meet.
Ilango requested the BPC work plan to be agendized at an upcoming BPC meeting.
ADJOURNMENT
Meeting adjourned at 8:40 p.m.
SUBMITTED BY:
____________________________
David Stillman, Staff Liaison
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5'*.5'7'A8.5'CBA - BIKEPATH1) ASPHALT3) CONCRETE2) GREEN PAINTED ASPHALT4) DECORATIVE INLAYB - SEPARATIONWOLFE ROAD BICYCLE AND PEDESTRIAN PATH - OPTION 1* LANDSCAPE WIDTH VARIES1) VERTICAL - 12:13) CONTINUOUS SEPARATION2b) PAVERS1b) BOTTS DOTS3a) BOLLARDS3b) CONCRETE SPHERES8"1'1"BIKE LANESIDEWALKPAVERS8"6'2"7'CONCRETEBIKE LANESIDEWALKBOLLARDBIKE LANESIDEWALKCONCRETESPHEREBIKE LANESIDEWALKLANDSCAPE STRIPTREE WELL WITH 5'X5' GRATEC - SIDEWALK1) STANDARD CONCRETE 2) DECORATIVE INLAYBIKE LANESIDEWALKBOTTS DOT3c) TREE WELLS7'8.5'5'6"1.5"BIKE LANESIDEWALK5'6"2) VERTICAL - 4:11'1"1.5"8'PAVERSVERTICAL CURBBIKE PATH7'8.5'7'8.5'DIB 89: CLASS IV BIKEWAY GUIDANCE- APPLICABLE SECTIONS3.2 SEPARATION WIDTH1) GRADE SEPARATION. FOR A SEPARATED BIKEWAY ON THE SAME GRADE AS A SIDEWALK, THE SEPARATED BIKEWAY SEPARATION WIDTH SHOULD BE 1.5FEET MINIMUM INCLUDING THE CURB WIDTH (WHICH MAY INCLUDE LANDSCAPING), AND 3 FEET MINIMUM WITH PARKING TO ACCOUNT FOR VEHICLEDOORS. NOTE, THIS PORTION OF THE SIDEWALK CAN NO LONGER BE USED BY PEDESTRIANS.3.3 SEPARATED BIKEWAY WIDTH1) THE SEPARATED BIKEWAY CLEAR WIDTH SHOULD BE 7 FEET PREFERRED, WITH 5 FEET BEING THE MINIMUM WIDTH FOR ONE-WAY TRAVEL WHENADJACENT TO A ROADWAY.3.5 RAISED SEPARATED BIKEWAY1) A RAISED SEPARATED BIKEWAY SHOULD BE ELEVATED 3 INCHES MINIMUM ABOVE THE FINISHED GRADE, BUT NO HIGHER THAN THE ADJACENT CURB INORDER TO ALLOW DRAINAGE TOWARDS THE STREET UNLESS SOME OTHER DRAINAGE DESIGN IS IMPLEMENTED.2) A VERTICAL TAPERED EDGE SHOULD BE 4:1 OR FLATTER OCCURRING IN THE MARKED BUFFER.3) A SEPARATED BIKEWAY AT SIDEWALK ELEVATION SHOULD HAVE A CONTINUOUS DETECTABLE VERTICAL ELEMENT OR CURB SEPARATING THE BIKEWAYFROM THE SIDEWALK.NOTE: PEDESTRIAN LEVEL LIGHTING WILL BE PROVIDED SO THAT CONTINUOUS SEPARATION ELEMENTS ARE VISIBLE AT NIGHT.I-280 / WOLFE ROAD INTERCHANGE IMPROVEMENTSBIKE/PED PATH TREATMENTSPUBLIC WORKS4803.00 / / 08.20.20209
September 21, 2020
Deborah Feng
City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Subject: Appointment to VTA BPAC for Upcoming Term
Dear Ms. Feng:
This is to request that the City of Cupertino appoint its representative to VTA’s Bicycle &
Pedestrian Advisory Committee (BPAC) for the two-year term.
The BPAC is a 17-member committee that advises VTA’s Board of Directors on planning and
funding issues for bicycle and pedestrian projects in the county. As a VTA Member Agency, the
City of Cupertino has one voting position on this committee.
The BPAC bylaws specify that each Member Agency appoints one individual as a representative
of its local bicycle advisory committee. Member Agencies that do not have such a committee may
appoint an individual interested in bicycle or pedestrian issues. BPAC Members are appointed for
a two-year term that ends on June 30 of even-numbered years and may be re-appointed to multiple
and consecutive terms. Members must live and/or work in Santa Clara County during their term,
and cannot be staff of either VTA or the Member Agency they represent. All BPAC appointments
require ratification by the VTA Governance and Audit Committee. A copy of the BPAC bylaws
is attached for your convenience.
The term of Cupertino’s current BPAC representative, Erik Lindskog, has expired.
We request the City of Cupertino initiate the action necessary to either reappoint Mr. Lindskog or
appoint another representative for the two-year term that begins retroactively on July 1, 2020. As
a reminder, the appointing authority may remove or replace place its BPAC representative anytime
during the term, subject to the replacement appointee meeting the stated eligibility requirements
and ratification by the VTA Governance and Audit Committee.
When Cupertino has selected its appointee, please notify VTA in writing indicating your
appointee’s name, full address and contact information. If appointing a new member, the memo
should also include the appointee’s daytime telephone number, email address, and a brief
biography (usually one or two paragraphs maximum that indicates their background, occupation,
education, employer, how long they have lived in the area, etc.).
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Deborah Feng
September 21, 2020
Page 2 of 2
For expediency and surety, please scan and email the signed letter and/or mail the original to:
e-mail: board.secretary@vta.org
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 Michelle Oblena, Advisory Committee Coordinator, at (408) 321-5814 or myself at
(408) 321-7578.
Sincerely,
Elaine F. Baltao
VTA Board Secretary
cc: Roger Lee, Technical Advisory Committee (TAC) member
David Stillman, Alternate TAC member
VTA Office of the Board Secretary file
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BYLAWS FOR BICYCLE & PEDESTRIAN ADVISORY COMMITTEE
Article I
GENERAL PROVISIONS
§1.1 Purpose
These Bylaws govern the proceedings of the VTA Bicycle & Pedestrian Advisory
Committee (BPAC), an advisory Committee established 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” means the secretary of the Committee.
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 Mission and Duties
The BPAC is an advisory committee to the Board of Directors. The mission and
duties of the Committee shall be:
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MISSION:
The VTA BPAC provides expertise and guidance to the Board of Directors on
promoting and enhancing non-motorized transportation opportunities throughout Santa
Clara County and serves as liaison between VTA and the Member Agency bicycle and
pedestrian advisory committees.
DUTIES:
a. Provides advice to the Board of Directors regarding funding priorities for bicycle
and pedestrian projects in the county.
b. Reviews and provides comments to VTA staff regarding plans and designs for an
effective countywide bikeway and pedestrian system, updates of the Countywide
Bicycle Plan and Countywide Bicycle Map, bicycle and pedestrian element of the
countywide transportation plan, and bicycle-related issues affecting the transit
system.
c. Make recommendations to the Board of Directors and County Board of
Supervisors through the Roads Commission regarding the Countywide annual
priority list of bicycle and pedestrian projects for the TDA Article 3 program, and
regarding the annual Expressway Sidewalk Program project selections.
d. Coordinate with bicycle and pedestrian advisory committees of other agencies on
multi-jurisdictional bicycle and pedestrian issues.
e. Serve as the countywide bicycle and pedestrian advisory committee for the
County of Santa Clara, providing input and recommendations through the Roads
Commission.
§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 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.
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Article III
MEMBERSHIP
§3.1 Membership
The Committee shall be composed of 16 voting members and one ex-
officio member who are bicyclists or pedestrians. All members shall live or work, or
both, in Santa Clara County during their terms on the Committee. VTA employees are
not eligible for membership. The Board of Directors shall ratify the appointments of all
members of the Committee.
It is the expectation that each member will keep the appropriate staff of their
appointing Member Agency informed of key issues, facilitate communication between
those entities and VTA, and help resolve and build general consensus on issues pertinent
to the Committee.
It shall also be each member’s responsibility to actively and reliably participate in
the BPAC’s execution of its Mission and Duties.
Voting Members
Committee members shall be representatives of local bicycle or pedestrian
advisory committees, or, for Member Agencies that do not have a local bicycle or
pedestrian advisory committee, shall be other individuals interested in bicycle or
pedestrian issues. Each Member Agency shall appoint one member. Committee
members may not be an employee of the Member Agency they represent.
Ex-officio Member
The Silicon Valley Bicycle Coalition (SVBC) may appoint one ex-officio member
and one alternate, who shall not be counted for purposes of establishing a quorum and
who shall have no voting rights.
§3.2 Members’ Terms
The term of membership of each Committee member shall be two fiscal years,
commencing on July 1 of even-numbered years 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 or other body which made the original appointment.
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Page 4 of 9
§3.4 Representative to Citizens Advisory Committee
The Committee shall also appoint one individual from its membership to serve as
a voting member of VTA’s Citizens Advisory Committee (CAC), to provide
communication and collaboration between the two committees. Appointment of this
position is subject to the following provisions:
a. The representative must be a voting BPAC member while on the CAC and must
be in good standing.
b. The representative must meet all established CAC membership requirements
during their term on the CAC.
c. The term of appointment shall be two years, commencing on July 1 of even-
numbered years. The representative may be reappointed for successive terms.
d. The representative shall serve on the CAC until resignation from the position or
the BPAC, or removal by the Committee or the Board.
e. Appointment by the Committee requires approval by the membership as provided
in Section 5.4.
f. Appointment requires ratification by the Board of Directors.
g. Vacancies shall be filled for the remainder of the term by the Committee
following the established appointment process and all established criteria for the
position.
Article IV
OFFICERS
§4.1 Chairperson and Vice Chairperson
The Committee shall elect from its membership a chairperson and a vice
chairperson at its last meeting of the calendar year, to serve for a one year term effective
January 1 of the next calendar year. 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.
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.
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The Committee shall appoint a nominating committee to nominate Committee
members for the positions of chairperson and vice chairperson. Members willing to serve
in either of these positions may submit their names to the nominating committee for
nomination. Members may also submit names of other members for nomination. The
nominating committee shall verify that members whose names have been submitted are
willing serve in those positions. The nominating committee shall submit to the
Committee the names of those members whom it has nominated and recommends for
election. Notwithstanding these procedures, any member may nominate a member from
the floor.
§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 regular 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 generally be held on the Wednesday
following the first Thursday of each month. The committee meeting shall commence at
6:30 p.m. 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. Meetings
that last beyond 8:00 p.m. may have agenda items postponed to a future meeting, to be
decided by the committee chairperson in consultation with the committee staff liaison and
the Board Secretary or representative. A rescheduled regular meeting shall be designated
a regular meeting.
§5.1A Workshop Meetings
Workshop meetings of the Committee are meetings in which agenda does not call
for the Committee to take action (no voting is conducted). Because no action by the
Committee will take place, the Board Secretary may choose to provide limited support.
Workshops shall generally be held in lieu of a regular meeting and, where possible, be
conducted at the normal regular meeting time. The workshop meeting shall be called and
noticed as provided in Section 5.3.
§5.2 Special Meetings
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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 conduct a maximum combination of 10 regular and
workshop meetings per year. For purposes of this limit, regular and workshop meetings
held on the same day will be considered one event. The Committee shall conduct at least
one meeting 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 acts of the Committee shall require the presence of a quorum and the
affirmative vote of a majority of the total membership. 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 [Reserved]
§5.6 Thirty Minute Rule
If a quorum has not been established within thirty minutes of the noticed starting
time for the regular meeting, Board Office staff may be excused from further attendance
at the meeting.
§5.7 Absences
If a member is absent from four Committee meetings (regular and workshop;
attendance is not counted for special 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.
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§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 on items not appearing on the posted agenda only 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, that there is a need to take immediate action
AND the need to take action came to the attention of the Committee subsequent to the
agenda being posted.
§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 person 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.
§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 Preparation
The secretary shall prepare the agenda for each meeting in consultation with VTA
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
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Committee may request that such withheld matter be placed on the agenda by contacting
the secretary in advance of the meeting.
§6.2 Agenda Format & Development
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 shall also display the
Board-adopted mission statement for the Committee.
Items may be referred for inclusion on an agenda by: (1) the Board of Directors; (2) the
General Manager; (3) the Committee Chairperson; and (4) the Committee, with a quorum
present and upon the affirmative vote of a majority of the members present. The order of
business shall be established by the secretary with the approval of the chairperson.
§6.3 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.
§6.4 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 72 hours prior to
the date set for the meeting, in accordance with the Ralph M. Brown Act. In lieu of
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mailing, notices may be emailed to any person who so requests in writing. 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.
§7.2 Rosenberg’s Rules
All rules of order not herein provided for shall be determined in accordance with
Rosenberg’s Rules of Order, latest edition.
Adopted by Board of Directors: December 10, 1998
Amended by Board of Directors: December 14, 2000
Amended by Board of Directors: June 5, 2003
Amended by Board of Directors: March 4, 2004
Amended by Board of Directors: September 1, 2005
Amended by Board of Directors: March 1, 2007
Amended by Board of Directors: October 2, 2008
Amended by Board of Directors: June 3, 2010 (1)
Amended by Board of Directors: April 5, 2012
Amended by Board of Directors: December 11, 2014 to take effect January 1, 2015
(1) In 2010, the Board of Directors, based on recommendations from the Advisory Committee Enhancement
Process, approved converting two existing VTA Citizens Advisory Committee (CAC) positions to two voting
members appointed by the Committee for Transit Accessibility (CTA) and the Bicycle & Pedestrian Advisory
Committee (BPAC). These representatives will be from the respective committee’s current membership and
must meet established CAC membership requirements, including Board of Directors approval.
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