(endorsed) Santa Clara ValleyTransportationAuthority Mar 1 5 2023 Clerk of the Court*

R1b

Governing entities within Santa Clara County should voluntarily submit their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until

R1c

Governing entities within Santa Clara County should, by March 31, 2023, adopt their own resolution or ordinance to require submission of their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendations 1d and le are implemented. Response: The recommendation will not be implemented because it is not warranted or reasonable. Response to Finding 1 and Recommendation 1b above are incorporated herein fully. The VTA General Counsel has the responsibility of reviewing ballot measure language for compliance with the law, and the Board of Directors approves it prior to submission to the Santa Clara County Registrar of Voters for its review and the County Counsel for its impartial analysis.

R1d

is implemented. Response: The recommendation will not be implemented because it is not warranted or reasonable. The VTA is empowered by state law to place tax measures on the ballot and is responsible for the drafting of the ballot measure in compliance with state law. It is not reasonable for the County of Santa Clara, a separate governmental entity, to exercise oversight of VTA in an area where the VTA's Board of Directors has discretionary approval authority. These ballot measures require a 2/3 majority for passage. Without exception, they are opposed by well-organized and well-funded organizations that are knowledgeable of election law and campaign vigorously against the measure. To suggest that the specific ballot language is the only source of voter information or engagement is not credible. 3331 North First Street Administration 408-321-5555 Solutions that move you San Jose, CA 95134-1927 Customer Service 408-321-2300 Carry S Honorable Beth McGowen, 2023 Presiding Judge 2022 Santa Clara County Civil Grand Jury's Finding and Recommendations pertaining to VTA March 13, 2023 In addition, the ballot language is reviewed by VTA's General Counsel for compliance with state law and approved by the Board of Directors with fiduciary responsibility to the organization and their oath of office. The ballot language is brought to the VTA Board of Directors at least twice, one for introduction and later for adoption, which provides members of the public several opportunities to participate, review, and challenge the question prior to the election. The County Counsel also provides an impartial analysis of the measure.

R1e

Governing entities within Santa Clara County should submit their ballot questions for review by the Good Governance in Ballots Commission pursuant to Recommendation 1d. Response: The recommendation will not be implemented because it is not warranted or reasonable. Response to Finding 1 and Recommendation 1b above are incorporated herein fully. The VTA General Counsel has the responsibility of reviewing ballot measure language for compliance with the law, and the Board of Directors approves it prior to submission to the Santa Clara County Registrar of Voters for its review and the County Counsel for its impartial analysis. If you have any questions or need further information, please contact Jim Lawson, Chief External Affairs Officer, at (408) 321-5516. Yours truly, Carolyn M Comet Carolyn M. Gonot General Manager and Chief Executive Officer VTA Board of Directors cc: