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CALL TO ORDER

The Regular Meeting of the Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC) was called to order at 6:10 p.m. by
Chairperson Jensen in Room B-104, VTA, 3331 North First Street, San Jose, California.

ROLL CALL

Members Present                  Members Present
John Carpenter                         David Simons
Marc Jensen, Chairperson        Jim Stallman         
David Kobayashi                       John Sullivan
William F. Manry                        Richard Swent
Thomas Muniz                           Herman Wadler

Members Absent                    Members Absent                                    
Scott Chan                                Bill Reisinger
Christopher T. Hauge                Bart Thielges, Vice Chairperson
                                                  Joseph Walton                         

A quorum was not present.

PUBLIC PRESENTATIONS

Jack Lueder, City of Santa Clara Bicycle Advisory Committee, stated the City of Santa Clara has an intersection that has been newly created over the last year at the Kaiser facility on Lawrence Expressway and Homestead Road does not have any facility to allow cyclists to use the intersection.   He requested the BPAC ask that the intersection be inspected to see if there is something that can be done in the east/west direction. 

Member Simons took his seat at 6:12 p.m. and a quorum was declared.

Chairperson Jensen stated Agenda Item #14., Countywide Bicycle Signal Timing Evaluation Study, Agenda Item #15., Draft Policy for Bicycle and Pedestrian Use of Santa Clara County Expressways, and Agenda Item #16., Revised Draft California Vehicle Code 21960 Language Regarding Bicycle and Pedestrian Use of Santa Clara County Expressways will be taken out of order and moved to the front of the Regular Agenda.

Committee Staff Report

• Project Design Review

Michelle, DeRobertis, Senior Transportation Planner and Staff Liasion, noted that there are no projects at least 35 percent under design.

Ms. DeRobertis drew a hypothetical scenario on the whiteboard regarding bicycle lanes and asked the BPAC’s input.

Chairperson’s Report

There was no Chairperson’s Report.

CONSENT AGENDA

(Removed from Consent Agenda and Moved to the Regular Agenda.)

Approve Minutes of October 12, 2005.

Proactive CMP Reviewed and Approved Projects Quarterly Status Report July through September 2005

M/S/C (Swent/Sullivan) to approve the Proactive CMP Reviewed and Approved Projects Quarterly Status Report for July through September 2005.

FY 2005 Preliminary Annual Transit Operations Performance Report

On order of Chairperson Jensen, there being no objection, the FY 2005 Preliminary Annual Transit Operations Performance Report.

REGULAR AGENDA

The Agenda was taken out of order.

Minutes of October 12, 2005

Member Simons referenced Page 3 of 12, paragraph 2, requesting the following language replace the original verbiage in the Minutes of October 12, 2005, after the word “regarding”:   “VTA’s use of the Brown Act to inhibit committees from communicating as a group on publicly noticed item.   The use of ‘receive and file’, ‘review’, and ‘discuss’ for agenda items does not allow the group to recommend policy to the   VTA Board of Directors.  We are equivalent to public with items agendized this way.”

Member Stallman referenced Page 6 of 12, requesting his comments, which were omitted from the Minutes of October 12, 2005, be added after the last paragraph:  “Member Stallman requested that any new sales tax measure include a line item to retire some of the debt that is creating a burden on transit operating cash flow such as the expenditure of close to $100 million per year to pay debt service.” 

M/S/C (Stallman/Simons) to approve the Minutes of October 12, 2005, as amended.

Countywide Bicycle Signal Timing Evaluation Study

Dan Collen, Director of Infrastructure Development, County of Santa Clara, reported that in response to Member Swent’s request for a report on signal timing on Oregon Expressway, the County of Santa Clara, through an initiative in seeking a grant for signal timing update on the expressway, received a small grant from Metropolitan Transportation Commission (MTC) to utilize consultants to study and propose new cycle lanes and new timing plans for all of the expressways.   The County of Santa Clara is currently in the midst of an ongoing to utilize the MTC grant. 

The consultant working on the Oregon Expressway Project proposed 180-second cycle lights for a commute period and for the remainder of the day the signals work on a 90-second cycle light.  Mr. Collen stated that there is some fine-tuning that occurs after implementation of the consultant’s recommendations.  He added that  that the County of Santa Clara is obligated to implement these recommendations since MTC is providing the funding for the Study.  

Mr. Collen’s asked if there is any difference on Oregon Expressway, Member Swent stated that this week the signal timing has been better.   Member Swent noted that he does ride, however, through Oregon Expressway between 6:30 a.m. and 7:45 a.m. and usually there is hardly anyone on the Expressway at that hour.  

Member Stallman recommended having signals set for automatic recall of the “Walk” sign in the expressway direction for all hours of the day incorporated in the Study.   Mr. Collen responded that he is not sure whether that is in the scope of the project. 

Member Kobayashi clarified that the MTC project focused on traffic signal timing so those types of issues that Member Stallman recommended are more of a Capital Improvement Program (CIP) in future programming. 

On order of Chairperson Jensen, there being no objection, the Countywide Bicycle Signal Timing Evaluation Study was received.

Draft Policy for Bicycle and Pedestrian Use of Santa Clara County Expressways 

 Chairperson Jensen reported that the Subcommittee was unable to come to a satisfactory conclusion on the Draft Policy Language and that there is a conflict between County of Santa Clara Engineering and the Subcommittee Members.  The Subcommittee requested that similar language in the Expressway Plan be incorporated into the policy and County of Santa Clara Engineering declined to incorporate the language. 

Mr. Collen thanked Chairperson Jensen for taking the County of Santa Clara’s item out of order. Mr. Collen also thanked Chairperson Jensen and the Subcommittee for the   significant time spent working on options and alternatives.  Mr. Collen expressed his appreciation to Ms. DeRobertis for her attempt to reword the Policy into a more reader-friendly version. 

Mr. Collen stated the Policy, was scheduled to be given to the County Executive and to   the Board of Supervisor’s Legislative Committee for consideration. The Legislative Committee is scheduled to meet on Thursday, November 17, 2005 in the afternoon.

Mr. Collen recommended deferring the policy discussion until the next update of the planning study which tentatively would be scheduled for 2006.   The requested that BPAC adopt position for staff to report to the Legislative Committee, and wait for the outcome of the Technical Advisory Committee scheduled for November 10, 2005.  The TAC he noted will be considering potential earmarks for the next round of federal authorization in the Surface Transportation Program.   Mr. Collen commented that the County of Santa Clara has proposed an earmark of $2 million for the improvement of pedestrian facilities along the expressways.  To date, the locations for both facilities along the expressway and crossing improvements are unspecified locations in order to provide flexibility to work with both local agencies on their priorities. 

Chairperson Jensen provided the Subcommittee’s recommendation stating the BPAC would like to propose the County of Santa Clara adopt the Expressway Plan, and more specifically the VTP 2030 Plan which the County Expressway falls into as a subset, bicycle and pedestrian use of expressways.   The BPAC is also recommending, due to the discussion regarding wide shoulders and the possible prohibition on pedestrian walkways, the County of Santa Clara adopt previously approved language in the Plan that wide shoulders be acceptable for occasional use.

Akos Szoboszlay, President, Modern Transit Society, stated that the Roads and Airport Department has consistently refused to recognize the County Expressway Plan and has continued to quote obsolete policy, which was replaced by the County Expressway Plan. Mr. Szoboszlay expressed concern that Board of Supervisors will be informed that County Roads opposes pedestrians on shoulders no matter how wide, which will be a false statement.            

Member Swent stated it is important to specify which County Expressway Plan the BPAC would like to accept this policy under.

M/S/C (Stallman/Wadler)to adopt policy that cites the August 19, 2003 County Expressway Plan as presented to the Committee via the print-out of the VTP 2030 (adopted February 2005) and the County Expressway Plan (adopted August 19, 2003), that County of Santa Clara practices comply with Assembly Concurrent Resolution 211 (ACR 211), United States Code, Title 23, Chapter 1, Subchapter I, §109 Standards, (m)Protection of Nonmotorized Transportation Traffic— The Secretary shall not approve any project or take any regulatory action under this title that will result in the severance of an existing major route or have significant adverse impact on the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists, Streets and Highway Code Section 888, and California Vehicle Code Section 21949, Section A and Section B.

Revised Draft California Vehicle Code 21960 Language Regarding Bicycle and Pedestrian Use of Santa Clara County Expressways

Chairperson Jensen queried as to the meaning of “county freeway” mentioned in Attachment A, Page 2, Section 3. Section 1730(b) of the Streets and Highway Code, of the County’s Proposal.   Mr. Collen responded it is an expressway, which is declared a county freeway.  Chairperson Jensen queried if it is considered a county freeway per the State’s view or if the Board of Supervisors calling them county freeways? Has the State agreed to take ownership and responsibility of them, if the state has control of them?  Mr. Collen responded that it does not have any maintenance implications.   He stated that there is a County section of the Streets and Highways Code that applies to county freeways.                            

Member Wadler queried if “county freeway” is a new term.   Mr. Collen responded that it depends where you look and the definition can be found in the County’s section of the Streets and Highway Code.

Chairperson Jensen queried if bicycles and pedestrians are banned as well from expressways that are referenced as county freeways.   Mr. Collen responded that the effort has been to remove that conflict and restores CVC Section 21960 A exactly the way it was and then deals with the pedestrian issues completely separately. 

Mr. Szoboszlay requested the BPAC recommend that legislation be enacted to undo all changes to SB 1233 and recommend, “The County seek legislation to undo all changes to SB 1233 that were requested by the County because there was no notification of the County’s own citizens of curtailing pedestrians’ and bicyclists’ rights, and because the actions contradicted the County Expressway Plan.”               Mr. Szoboszlay read into the record his reason for the recommendation:  “A different section of the Vehicle Code was changed from what was approved.  County citizens and also the Senators were fooled by the many false statements of County staff, who stated it was just to ‘install’ and ‘post signs’, and they never mentioned ‘prohibit.’  Despite the title ‘Expressway Signage’ used on the County Board of Supervisors agenda, the Vehicle Code chapter ‘Traffic Signs’ was not changed at all by SB 1233.  Instead, the chapter ‘Pedestrians’ Rights and Duties’ was changed.  The right to use roadways was removed from that chapter, not only for pedestrians, but also bicyclists.” 

Member Swent noted that in the past, Streets and Highway Code Section 888 gave pedestrians protection from having their routes severed because pedestrians could only be banned from freeways but now the County of Santa Clara can severe pedestrian routes and prohibit pedestrians from expressways without providing a reasonable alternative or verify that an alternative exists.   Member Swent stated there is no protection comparable to what Streets and Highway Code Section 888 originally provided for pedestrians and comparable protection needs to be added.  

Chairperson Jensen stated that while driving along Capitol Expressway he has noticed that signs of people walking along dirt shoulders even though the County of Santa Clara has made it hard for the pedestrians. 

Chairperson Jensen advised that the BPAC is requesting and the federal government is now requiring, as well as the state on their projects, accommodation for the 8-15 precent of the people who do not have vehicles. 

Mr. Collen stated there are a substantial number of existing facilities built on Capitol Expressway and it was not the County of Santa Clara’s County initiative to make things more difficult for pedestrians but rather to provide a walking space back on the curb.

Chairperson Jensen requested an explanation about the County of Santa Clara saying they are trying to do the right thing, but why is there a request to ban pedestrians from expressways. 

Member Swent stated he would like to have pedestrian protections built into the law and not just have the County of Santa Clara’s word that changes are not going to be made.   Mr. Collen stated he is sure something could be worked out because of the inconsistency with the Proposed Policy.   Mr. Collen noted that the focus on this effort was to remove the conflict with the bicycle access and the impression of bicycle prohibition and separate out the specific authority for the County of Santa Clara, not independently, with city concurrence to be able to take some initiative and prohibit pedestrians based on safety. 

Member Kobayashi reminded the BPAC as to the position County staff is put into as they are licensed engineers who have to comply to standards that are available to them and if someone dies, the County of Santa Clara will be sued and the burden of liability will then fall on the licensed engineer who did the plan. 

Chairperson Jensen advised that currently there is an inconsistency with the application of the pedestrian prohibitive signs.

Chairperson Jensen clarified that the BPAC only wants to make sure that bicyclists and pedestrians have access and that access does not cut then out without mitigation of the access.    

Chairperson Jensen stated that if the County of Santa Clara understands the problem and plan to fix it that goes a long way in terms of resolving a lot of liability that they have and the BPAC is just saying for the County of Santa Clara to go forward that that plan. 

M/S/C (Wadler/Carpenter) on an order of 9 ayes, 0 noes, and 1 abstention, that the County of Santa Clara seek legislation to undo changes of SB 1233 to bring it back to state it was prior to January 2005.   Member Kobayashi abstained.

Jim Unites, Operations Planning Program Manager, reported that over the last 13 years, since ADA was enacted in 1992, VTA has had an active annual construction project to improve 4,300 bus stops to ensure both compliance with ADA, and to improve overall passenger environmental for the ridership such as widening sidewalks, building curb cuts at the bus stops, and replacing concrete pads repair streets that are broken due to overuse by buses.

VTA has approved improving approximately 4,500 stops over that time at the cost of approximately $4 million, as well as other major work such as the addition of pavement and facilities and completion of work to on Line 22 to allow implementation of articulated buses. 

In this budget cycle, VTA adopted a two-year budget Fiscal Year 06/07 and in those two years funds are available, including a grant of $240,000 from FTA exclusively for ADA work. There will be $460,000 available in Fiscal Year 2006 and $250,000 available in Fiscal Year 2007. 

Mr. Unites advised that staff is commencing a major outreach effort over the next few months through information on buses, letters to community agencies and cities, posting on VTA’s website, and press releases to solicit the location of bus stops which need improvement.   Mr. Unites stated that if the BPAC is aware of bus stops that need improvement to provide that information to staff at bus.stop@vta.org,  (408) 321-7050, or (408) 321-2300.  The information which staff gathers will then be used to develop the CIP.

Chairperson Jensen requested that when laying new cement at bus stops to lay concrete pads as well that can be used for future bicycle racks.

Member Stallman stated he is impressed with the work the Operations Department does because it is a big help to the community.   Member Stallman encouraged staff to involve themselves in VTA transit-known projects because there is an ADA component that helps not only the disabled but other as well as well. 

On order of Chairperson Jensen, their being no objection, the Bus Stop Accessibility Improvement Project report was received and filed.

2006 State Transportation Improvement Program           

Amin Surani, Senior Transportation Engineer, stated VTA, as the Congestion Management Agency (CMA) for Santa Clara County, is responsible for programming and prioritizing, federal, state and certain transportation funds in the County of Santa Clara, such as State Transportation Improvement Program (STIP).   STIP is one of the major transportation-funding sources of California.  The CMAs receives 75 percent of the STIP funds and the State of California for the Interregional Transportation Improvement Program receives 25 percent.

The statewide funding situation is not good at this time, projects from Measure B have been delayed, and in the 2006 Fund Estimate, no funding is available to program any new projects.   Based on the 2006 Fund Estimate it is necessary to move $33 million worth of projects out in the last two years of the STIP cycle to 2009/10 and 2010/11 fiscal years. 

M/S/C (Kobayashi/Swent) to review and recommend that the VTA Board of Directors approve the programming of Santa Clara County’s Regional Improvement Program share of the 2006 State Transportation Improvement Program as shows in Attachment A.

Sunnyvale Citywide Deficiency Plan Approval

Ms. DeRobertis reported that per CMA statutes, member agencies are required to conform to Congestion Management Program (CMP) Level of Service (LOS) standards.   Ms. DeRobertis referenced the City of Sunnyvale Citywide Deficiency Plan (SVDP) which states that once the build-out has been completed there will be six intersections at LOS F. 

Ms. DeRobertis stated that working with VTA, City of Santa Clara and Caltrans,  City of Sunnyvale has identified a broad range of roadway, transit, bicycle and pedestrian improvements that will work to offset the impacts of the projected developments.   Development fees, ranging from $1,100 to $10,000 per square foot, based on location and zoning, will help to fund the improvements.

Member Swent referenced Page 9 of the SVDP, Lawrence Expressway and Reed Avenue/Monroe Street which states: “…Lawrence Expressway report identified the need to construct an urban interchange at this intersection” and queried as to the definition of urban interchange.    Mr. Swent stated that type of interchange is a total nightmare for a bicyclist and was his understanding the design was never to be used again.

Member Simons pointed out that Chapter 2 of the Plan discusses the deficiency analysis defines areas that will have LOS problems.   In Chapter 4 Plan identifies first on its list the Mary Avenue Extension.   The project will be the Highway 101/State Route 237 overpass at Mary Avenue on the north end of the side of the City of Sunnyvale to access  Moffet Park to cross over onto Mary Avenue.   Member Simons expressed concern Mary Avenue is the only north/south route in Sunnyvale that will ever have the potential for being long-term a bicycle facility. 

Member Simons noted that Environmental Impact Report (EIR) discusses mitigating present facilities but by adding new facilities the Plan states that there will be an extra 1,000 cars per hour during peak periods but what it will really equal is 10,000 cars per day additionally going onto Mary Avenue.   Member Simons expressed concern that the addition of cars will change the character of Mary Avenue due to capacity. Member Simons also expressed concern that the mitigation for the transportation evaluation does not include Maude Avenue, Evelyn Avenue, Pastoria-Hollenbeck/Hollenbeck Avenue, nor Bernardo Avenue. 

M/S/C (Simons/Wadler) to reject staff’s recommendation to review and recommend that the VTA Board of Directors approve the City of Sunnyvale Citywide Deficiency Plan due to its negative impact of multi-modal facilities within the City of Sunnyvale that are regional such as Mary Avenue/Highway 101 overcrossing, the lack of urban intersections and because the Plan is based on out-of-date information. 

Proposed Process and Criteria for Programming Federal Surface Transportation Program Funds to Local Streets and Roads Rehabilitation Projects in Federal Fiscal Years 2008 and 2009

John Sighamony, Transportation Planner II, reported that in 2004 the Board of Directors adopted the process to program $16 million to road rehabilitation.   In 2005 $16 million will be available to fund federally eligible roads for maintenance, rehabilitation and/or reconstruction. VTA should receive the approved MTC Pavement Management System who will provide 11.47 percent local match and obligate their funds in their federal fiscal year. 

Mr. Sighamony referenced Attachment A depicting criteria in addition to federally and regionally mandated criteria to be eligible for funding.

Mr. Sighamony stated that for this cycle, staff is proposing to divide the funding into two components, Need Based Targets and Regionally Significant Roadways.   Mr. Sighamony explained that the Need Based Target will be based on MTC’s projected cost of maintaining and reconstructing local street over the next 25 years totaling 85 percent.   The Regionally Significant Roadways (RSR) will receive 15 percent for a competitive program for roadways on the CMP Principal Arterial list.  The percentages were based on numbers that each agency provided to MTC as part of the survey in late 2003 for Regional Transportation Plan (T2030) Plan. 

M/S/C (Stallman/Wadler) to review and recommend that the VTA Board of Directors approve the proposed process and criteria for programming Federal Surface Transportation Program (STP) funds to local streets and roads rehabilitation projects in Federal Fiscal Year 2008 and 2009, with the addition of incorporating sidewalk when fixing expressways and add a bullet under Other Program Requirements stating:   to include bicycle and pedestrian facilities on expressways as identified in the County Expressway Plan.

Nominating Committee for Chairperson and Vice Chairperson

Stephen Flynn, Senior Management Analyst, stated that the chairperson and vice chairperson serve for one year, are separate positions, and are elected separately as well.   The current chairperson and vice chairperson are eligible to be re-elected.

The Bylaws stated that the elections are in a three-step process, assembling the nominating committee in November, report from the nominating committee in December and elections in January with the new chairperson and vice chairperson assuming their duties at that very meeting.

Mr. Flynn explained that the purpose of the nominating committee is to determine who is interested in serving as chairperson and vice chairperson, is usually done in private via  e-mail or phone as opposed to doing it at the table.

Mr. Flynn noted that if no one volunteers to be on the nominating committee, Chairperson Jensen has the prerogative of making the appointments to the nominating committee.

On order of Chairperson Jensen, there being no objection, Member Stallman,  Member Walton and Member Swent were appointed to the Nominating Committee.

Fiscal Year 2006-2015 Short Range Transit Plan

On order of Chairperson Jensen, there being no objection, the Fiscal Year 2006-2015 Short Range Transit Plan was deferred to the December 7, 2005 BPAC Meeting.

Announcements

Member Swent, City of Palo Alto, announced that the Sand Hill Road/Junipero Serra/Alpine Road intersection is now open.

Member Stallman, City of Saratoga, expressed concern regarding bicycle lanes which start out as transportation pathways, turn into park facilities, and then become only daylight hour usage facilities. 

Member Stallman requested State Route 237 Bike Path Between Zanker Road and McCarthy Boulevard be agendized for the December 7, 2005 BPAC Meeting.    The BPAC requested that the City of San Jose, Caltrans, and Department of Transportation be present at the December 7, 2005 BPAC Meeting.

ADJOURNMENT           

On order of Chairperson Jensen, there being no objection, the meeting was adjourned at 8:23 p.m.

Respectfully submitted,                                                                                    

Gilda M. Gozdanich, Board Assistant
VTA Board of Directors