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Board of Directors Meeting

April 05, 2001

Board of Supervisors' Chambers
County Government Center
70 West Hedding Street
San Jose, California

Summary Minutes


1. CALLED TO ORDER at 6:08 p.m.

ROLL CALL: Members Present: Alvarado, Attaway, Beall (Ex-Officio), Chavez, Cortese, Dando, Gage, Gonzales, J.P. Kennedy, Lieber, McHugh, McLemore (Ex-Officio), Nadler, Springer, Valerio, Williams, Yeager

Members Absent: Eakins, D. Kennedy

2. ORDERS OF THE DAY

Added Addendum Item #33.X., Adopt a position indicating that the VTA, as a member of the Peninsula Corridor Joint Powers Board (PCJPB), does not support the PCJPB entry into the Joint Powers Agreement creating the Transbay Joint Powers Authority.

Deferred Agenda Item #5., Hearing – Notice of Intention to Adopt a Resolution of Necessity – Capitol Light Rail Project to the May 3, 2001 Board of Directors Meeting.

Removed from Consent Agenda and placed on Regular Agenda, Item #21., Adopt a Resolution to amend Chapter 4 of the VTA Administrative Code pertaining to Advisory Boards and Committees, to formally establish a Committee for Transit Accessibility and a Bicycle Advisory Committee, and amended Section 4-4 of the VTA Administrative Code to authorize reimbursement to advisory board and committee members for travel expenses to and from committee and board meetings.

Accepted Orders of the Day.

3. AWARDS AND COMMENDATIONS

A. Employees of the Month

Presented awards to Norma Kwan, River Oaks Administration; Wayne Allen, Guadalupe Operations; and Patricia Easley-Hill, North Maintenance, as VTA Employees of the Month of April 2001.

B. Team Award for 2001

Presented awards to Homer Beaudoin, Russell Cole, Oliver Horton, Sheryl Lopez, Mark Thomas, Lewis Turner, Phillip Vaughn, Tito Dhanota, Ronald Young, Louis Miller, the Chaboya Technical Training Team for the Team Award.

C. Recognized VTA’s Acceptance of Caltrain’s “Excellence in Transportation” Award for the Downtown Mountain View Transit Center.

Acknowledged key VTA staff involved in the Project.

D. 2000 VTA Chairperson Blanca Alvarado

Thanked Board Member Blanca Alvarado for her leadership as the Chairperson of the VTA Board of Directors for the Year 2000. Presented tokens of appreciation in recognition of her service as the Year 2000 Chairperson.

4. PUBLIC PRESENTATIONS

Lavon Hamilton, VTA Operator, addressed the Board of Directors and expressed concern regarding a citation her son received aboard VTA’s light rail system. She expressed concern regarding public awareness of VTA’s rules and regulations aboard light rail.

Requested that a presentation be made through either the Transit Planning & Operations Committee or Administration and Finance Committee regarding VTA’s policies, rules and regulations aboard light rail and public awareness.

Staff noted that the presentation will be brought forward to the Transit Planning & Operations Committee.

5. (Deferred to the May 3, 2001 Board of Directors Meeting.)

Hearing – Notice of Intention to Adopt a Resolution of Necessity – Capitol Light Rail Project (2/3 Vote Required for Adoption)

Close hearing and adopt Resolutions of Necessity in connection with the Capitol Light Rail Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, direct the filing of eminent domain proceedings for the acquisition of certain real property as follows:

Property ID Number/Owner/Assessors Parcel Number

7640/East Side Union High School District/APN: 592-01-014

6. Hearing – Notices of Intention to Adopt Resolutions of Necessity – Vasona
Light Rail Project (2/3 Vote Required for Adoption)

Property ID Number/Owner/Assessors Parcel Number

1. V034/Ansok Builders, Inc./APN: 412-02-002 Resolution No. 01.04.15
2. V035/R&S Properties, Inc./APN: 412-02-003 Resolution No. 01.04.16
4. V055/Lands of NMSBPCSLDHB/APN: 264-09-043 Resolution No. 01.04.17
5. V056/57/Sobrato Group/APN: 264-09-044, 264-09-050, 264-09-051 Resolution No. 01.04.18
6. V062/Lands of Oliveira Trust/APN: 282-37-044 Resolution No. 01.04.19
7. V071/Dick Yee, Inc./APN: 262-26-001/002 Resolution No. 01.04.20
8. V086/Oaks Family Trust/APN: 412-02-007 Resolution No. 01.04.21
9. V090/Del Monte Manufacturing, Inc./APN: 264-15-006 Resolution No. 01.04.22

Closed hearing and adopted Resolutions of Necessity in connection with the Vasona Light Rail Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, directed the filing of eminent domain proceedings for the acquisition of certain real property, as amended.

Noted the following parcel was removed from consideration:

3. V052/Frank & Gwen Bortoli, Trust/APN: 264-12-033 (Removed from the Agenda)

7. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Caltrain Maintenance Facility Project (2/3 Vote Required for Adoption)

Owner/Rail Surveyors Project Number/Parcel Number

Union Pacific Railroad Company/RS00-0139/259-1, 259-4, CE-1, CE-2 Resolution No. 01.04.23

Closed hearing and adopted a Resolution of Necessity in connection with the Caltrain Maintenance Facility Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, directed the filing of eminent domain proceedings for the acquisition of certain real property, as amended. (Amended to reflect deletion of the words “and directed” on Page 2, Paragraph 8 of the resolution, and requested the General Counsel only file condemnation proceedings with the court if satisfied that sufficient progress has been made between the JPB staff and the City of San Jose regarding the design and operation of the facility.)

8. Adopted VTA Policy Goals to provide staff direction in the development of a capital and operations Master Agreement for a proposed BART/Santa Clara County Extension and established an Ad Hoc Advisory Committee of four (4) members of the VTA Board of Directors to advise staff as Master Agreement development proceeds, as amended. (Amended to reflect five (5) members.)

Recommended the following VTA Board Members to serve on the Ad Hoc Committee: Chairperson Valerio; Vice Chairperson Gonzales, Board Alternate Member McHugh, Board Member Chavez and Board Member Nadler.

Received pubic comment.

Ex-Officio Member McLemore took his seat at 6:34 p.m.

Commended staff on the information provided.

Thanked staff for the information. Directed attention to the Board Memorandum entitled BART Extension to Santa Clara County Discussions and requested an explanation on the bullet point: “The San Mateo County form of “Buy In” presents a financial disadvantage to the existing BART counties.

Requested that the Board of Directors receive an assessment as VTA moves forward in terms of what the financial strengths and weaknesses are of the current BART system as VTA looks at the relationship that has been outlined versus a relationship that some of the other counties have deemed appropriate for VTA.

Referred to the policy goals and requested that information regarding dispute resolution be incorporated.

CONSENT AGENDA

Removed Agenda Item #21., Adopt a Resolution to amend Chapter 4 of the VTA Administrative Code pertaining to Advisory Boards and Committees, to formally establish a Committee for Transit Accessibility and a Bicycle Advisory Committee, and amended Section 4-4 of the VTA Administrative Code to authorize reimbursement to advisory board and committee members for travel expenses to and from committee and board meetings.

9. Approved the Minutes of the Regular Board of Directors’ Meeting of March 1, 2001.

ADMINISTRATION AND FINANCE COMMITTEE

10. Adopted a support position for the following pieces of legislation: 1) AB 403 (Bates) – Transportation services for the elderly; 2) AB 411 (Diaz) – Statewide transportation needs assessment; and 3) SB 180 (Speier) – Funding for Caltrain improvements.

11. Authorized the General Manager to execute a contract with EFI Actuaries for actuarial services for the Santa Clara Valley Transportation Authority/Amalgamated Transit Union Pension Plan from June 1, 2001 through May 31, 2004, with an option to extend the contract two additional years through May 31, 2006, in an amount not to exceed $561,000.

12. Authorized the General Manager to enter into an agreement with Multisystems, Inc., for ongoing maintenance and support services of the MIDAS-BD software program used in the Bid, Dispatch, Timekeeping (BDT) system for five years in the amount of $320,000.

13. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 85/101 South Interchange Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

14. Approved the 1996 Measure B baseline scope, baseline schedule and baseline cost estimate for the Route 237/880 Interchange Project, in accordance with Article V – Project Definition of the Master Agreement with the County of Santa Clara.

15. Authorized the General Manager to execute a Cooperative Agreement with the California Department of Transportation (Caltrans) covering construction of the 1996 Measure B Highway Program – Route 880 Widening Project.

16. Authorized the General Manager to execute a Master Cooperative Agreement with Caltrans covering right-of-way activities for the 1996 Measure B Highway Program projects.

17. Authorized the General Manager to amend the contract with Cambridge Systematics to assist in the preparation of the Implementation Plan for the Valley Transportation Plan 2020 (VTP 2020), increasing the contract amount by $245,400 to a revised maximum value of $832,700.

18. Rescinded the current VTA Environmental Guidelines (CEQA Implementing Procedures) adopted in 1994 by the Santa Clara County Transportation Agency and Transit District and adopted the 2001 State Guidelines for the Implementation of the CEQA and add the word “purchasing” to Article 19.

19. Authorized the General Manager to amend the contract with H. T. Harvey & Associates (HTH) by $400,000, for a new contract total not to exceed $1,100,000, for additional biological services for the 1996 Measure B Transportation Improvement Program.

20. Authorized the General Manager to execute a contract with John Glenn Adjusters and Administrators (JGAA) for Third Party Administrator (TPA) services for a three-year term from June 1, 2001 through May 31, 2004, with an option for two additional one-year extensions. The total fixed fee contract cost for basic claims service is not to exceed $4,862,456.

21. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Adopt a Resolution to amend Chapter 4 of the VTA Administrative Code pertaining to Advisory Boards and Committees, to formally establish a Committee for Transit Accessibility and a Bicycle Advisory Committee, and amended Section 4-4 of the VTA Administrative Code to authorize reimbursement to advisory board and committee members for travel expenses to and from committee and board meetings.

22. Authorized the General Manager to execute a two-year contract extension with Sessionware, Inc., to provide network troubleshooting, server troubleshooting and consulting services for an amount not to exceed $60,000 for the two-year period. The contract duration with this extension will be the full five-year term authorized by the Administrative Code with a new contract total not to exceed $240,000.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

23. Authorized the General Manager to execute a Memorandum of Understanding (MOU) for the Union Pacific Railroad/De Anza Trail Feasibility Study with the City of Campbell, the City of Cupertino, the Town of Los Gatos, the City of Saratoga and Santa Clara County.

24. Authorized the trade of Transportation Fund for Clean Air Program manager funds (TFCA 40%) for State Transportation Improvement Program (STIP) funds currently committed to the Metropolitan Transportation Commission’s (MTC’s) Regional Rideshare program, and program the STIP funds to Tier I Bicycle Expenditure Program projects.

25. Approved the programming of $675,000 in Local Program Reserve funds to projects as designated.

26. Authorized the General Manger to increase the maximum budget amount for developing VTA’s Best Practices program for Integrating Transportation and Land Use by $75,000 for a revised budget of $475,000.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

27. Authorized the General Manager to execute a contract for Disposal of Industrial Waste and Industrial Waste Emergency Response Services with Philip Transportation and Remediation, Inc., for three years with two one-year options for an amount of $1,875,000 over a five-year period.

28. Authorized the General Manager to submit an application to MTC for Traffic Congestion Relief Program (TCRP) funds to enhance Valley Transportation Authority (VTA) express bus Line 140 and implement new express bus Line 500. Additionally, if VTA’s application for TCRP funding is successful, authorized the General Manager to amend VTA’s current bus procurement contract with Gillig Corporation to purchase buses for this new Regional Express Bus Service.

29. Authorized the General Manager to execute a Cooperative Agreement with the City of Santa Clara to provide for the design, construction, operations and maintenance of the Great America Rail Station Improvements for a one-time contribution amount of $300,000.

30. Authorized the General Manager to execute a lease agreement with Nextel Communications (Nextel) for a five-year term with an option to renew for five additional five-year periods for a cellular antenna site at VTA’s Guadalupe Division in exchange for Nextel’s construction of a replacement antenna tower at El Toro Mountain, Morgan Hill and future rental income.

REGULAR AGENDA

21. Adopted Resolution No. 01.04.24 to amend Chapter 4 of the VTA Administrative Code pertaining to Advisory Boards and Committees, to formally establish a Committee for Transit Accessibility and a Bicycle Advisory Committee, and amended Section 4-4 of the VTA Administrative Code to authorize reimbursement to advisory board and committee members for travel expenses to and from committee and board meetings, as amended. (Amended to reflect the substitution of the word “media” for “publications” in the Administrative Code, Section 4-29(b) and requested the Bicycle Advisory Committee consider a name change to the Bicycle and Pedestrian Advisory Committee.)

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT – Jane P. Kennedy

31. (Deferred to the May 3, 2001 Board of Directors Meeting.)

Adopt a Resolution authorizing the General Manager or Chief Financial Officer to take all necessary steps for VTA to issue bonds through a negotiated or competitive bid process in an amount not to exceed $200,000,000; and further authorize the General Manager to request that Santa Clara County redesignate certain 1996 Measure B Transportation Improvement Program (MBTIP) capital expenditures to fund 70 low-floor light rail vehicles .

Noted that additional time is needed for the Santa Clara County Legal Counsel to review and requested that the item be deferred to the May 3, 2001 Board of Directors Meeting.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT – Blanca Alvarado

There were no items submitted for the Regular Agenda by the Congestion Management Program and Planning Committee.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT – Ron Gonzales

32. Authorized the General Manager to execute a contract with R&L Brosamer, Inc., the lowest responsible bidder, in the amount of $37,225,497 for construction of Civil, Track, Signaling and Landscaping improvements, for the Capitol Light Rail Project.

Ex-Officio Member Beall took his seat at 6:55 p.m.

Inquired about the review of the procurement procedures.

33. Authorized the General Manager to execute a contract with CXT, Inc., lowest responsible bidder, in the amount of $2,050,955 to supply concrete ties for the Tasman East, Capitol and Vasona Light Rail Projects. This contract is 3.1 percent federally funded.

Received public comment.

Inquired what is the difference between responsible bidder and responsive bidder.

OTHER ITEMS

33.X. Received public comments.

Failed on a vote of 5 ayes to 7 noes to 0 abstentions to table adopting a position to request staff to come back at the next Board meeting with suggestions for the communication that reflects Board Member concerns.

Adopted a modified recommendation that it be the position of the VTA Board as a member of the Peninsula Corridor Joint Powers Board, object to the process by which the Peninsula Corridor Joint Powers Board entered into the Joint Powers Agreement creating the Transbay Joint Powers Authority and requested that return with ideas on how to prevent this from occurring in the future.

34. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no items of concern and referral to Administration.

35. LEGISLATIVE REPORT:

Heard a report relative to state and federal issues, highlighting: 1) Fiscal 2002 Budget Resolution; 2) highway and transit programs are recommended to be funded at their TEA-21 guarantee spending levels; 3) Representative Oberstar, House Transportation Infrastructure Committee, recently introduced legislation dealing with the ability of commuter rail operators and light rail operators to access freight corridor for their services; 4) a similar bill by Representative Clement from Tennessee is expected to be introduced within the next several weeks; 5) House of Railroad Subcommittee to hold hearings on the issue in Spring 2001; and 6) introduction of legislation to allow Amtrak to issue $12 billion in bonds for the development of high speed rail corridors throughout the country.

Member Gonzales left the meeting at 8:03 p.m.

36. REPORTS FROM ADVISORY COMMITTEES

Accepted as contained in the agenda packet.

37. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting on Thursday, April 5, 2001: 1) authorized a Capital Budget Amendment in the amount of $500,000 and authorization to file for State Transit Assistance Claim amendment to update the Rapid Rail Study; 2) authorized a Capital Budget Amendment in the amount of $400,000 for the San Francisco Terminal Bike Station; 3) authorized an agreement with Caltrans for Seismic Retrofit Work on Caltrain Bridges in the amount of $653,000; 4) authorized contract amendments to provide additional communications design and construction management services in the amount of $125,000; 5) appointed San Mateo County Supervisor Mike Nevin as the Caltrain representative to the Transbay Terminal Joint Powers Authority; 6) authorized an extension of the Caltrain operating agreement with Amtrak from July 1, 2001 through November 11, 2001, with an option to further extend the agreement through June 30, 2002 if necessary; and, 7) approved a position of JPB support for SB 180 by Senators Speier and Sher, which would provide funds for Caltrain safety and access improvements and San Mateo County auxiliary lane projects on US Highway 101.

B. Capitol Corridor JPB

There was no report on the Capitol Corridor JPB.

C. Altamont Commuter Express (ACE) JPB

Heard a report that the ACE JPB, at its meeting on Monday, March 19, 2001: 1) administered the Oath of Office to VTA Chair Manny Valerio; 2) discussed topics for discussion during the upcoming revision of the ACE Joint Powers Agreement; 3) approved the service, revenue and staffing parameters for the ACE 2001-2002 Budget; and 4) made appointments to the Operations and Planning Subcommittee, which includes VTA Director Forrest Williams and the Finance, Legislative and Institutional Subcommittee, which includes VTA Director Sandy Eakins.

Noted the success of the third train.

D. Metropolitan Transportation Commission (MTC)

Heard a report that the MTC, at its meeting on Wednesday, March 28, 2001: 1) Sharon Brown from Contra Costa County is the new Chairperson; 2) Steve Kinsey, from Marin County is the new Vice Chairperson; 3) MTC has six new commissioners out of 16 representing San Francisco Bay Conservation and Development Commission, Alameda County; Napa, Association of Bay Area Governments and San Mateo County; 4) attended Annual Legislative Conference; 5) letter was signed by all federal elected officials supporting the regional general consensus; 6) adoption of Regional Transportation Plan in November 2001; 7) public meetings to be held between now and November 2001 on the Regional Transportation Plan; and 8) John McLemore is Chairperson of the Administration Committee.

38. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

Noted the addition of the following new PAB report: Item #38.F., Highway #1 South PAB.

A. Tasman/Capitol Light Rail PAB

Heard a report that the Tasman/Capitol Light Rail PAB, at its meeting on Thursday, April 5, 2001: 1) received a project status report from staff that indicated Tasman East is scheduled to open light rail service from Zanker Road to I-880 in Milpitas next month on May 17, 2001; 2) staff also provided a slide show of construction progress being made on both the Tasman East and Capitol projects in the cities of Milpitas and San Jose; 3) although construction has been delayed on the Capitol Light Rail Project because of PG&E, with the award of the civil construction contract at tonight’s Board meeting, work will begin soon; 4) received a staff report on Community Outreach Activities. The next Tasman East/Capitol public information workshop will be held on May 22, 2001 from 6:00 p.m. to 8:00 p.m. at the East Side Union High School District Office; and 5) Chuck Reed was elected as Vice Chairperson;

B. Vasona Light Rail PAB

Heard a report that the Vasona Light Rail PAB, at its meeting on Monday, April 2, 2001: 1) received a report on the project status; 2) reported on the protest of the Hamilton crossing application by the Public Utilities Commission (PUC); 3) received a report on the costs and schedule of potentially extending the Project to Vasona Junction, a further 1.5 miles; 4) received a report on the potential of Vasona being opened up with new low floor vehicles, if retrofit of the existing light rail stations can be accomplished before Vasona begins operation; 5) received a report on ongoing discussions with the Campbell High School District who have requested a pedestrian overcrossing be constructed for Del Mar High students at Stokes and Southwest Expressway; and 6) the success of the Groundbreaking Ceremony held on March 29, 2001.

C. South Bay Transit Corridor PAB

Announced the South Bay Transit Corridor PAB will meet on Wednesday, May 2, 2001, at 3:00 p.m. at the Milpitas Recreation Center.

D. Caltrain PAB

There was no report on the Caltrain PAB.

E. Downtown/East Valley PAB

There was no report on the Downtown/East Valley PAB.

F. Highway #1 South PAB

Heard a report that the Highway #1 South PAB, at its meeting on Thursday, March 30, 2001: 1) received a report on the members present, David Cortese, Don Gage, Dennis Kennedy, Thomas Springer and Forrest Williams, and 2) briefing on the status of Routes 85/87 Interchange, 85/101 Interchange South, 101 - Widening from 4 to 6 plus 2 HOV lanes, Route 152 Safety Improvements, and Route 25.

39. REPORT FROM THE CHAIRPERSON

Heard a report, highlighting: 1) congratulations to staff and all those involved on the successful Vasona Light Rail Groundbreaking Ceremony on March 29, 2001; 2) compliments to staff on the Yield-to-Bus Program; 3) reported the Yield-to-Bus is a new law and citations are $100; and 4) the Joint Workshop Meeting with the Santa Clara County Board of Supervisors has been moved from Friday, May 11, 2001 to Friday, June 8, 2001 at 8:30 a.m. The Joint Workshop Meeting will go to 10:30 a.m. and the VTA Board of Directors will then convene at 10:45 a.m. (or immediately following the Joint Workshop Meeting, whichever is first) for a two-hour Workshop Meeting regarding the Regional Transportation Plan.

40. REPORT FROM THE GENERAL MANAGER

Heard a report, highlighting: 1) introduction of Matthew Tucker, new Deputy Director of Transit Operations; 2) VTA’s environmental efficiency program; and 3) use of solar power in the future.

Member Alvarado left the meeting at 8:21 p.m.
Member Gage left the meeting at 8:21 p.m.

41. ANNOUNCEMENTS

Commended and thanked VTA staff on their professionalism at the meeting held at Gunderson High School. Noted that members of the community were extremely impressed on the professionalism and the proactive stance that VTA is taking on security, education and community involvement.

42. CLOSED SESSION at 8:23 p.m.

Ex-Officio Member Beall left the meeting at 8:27 p.m.
Ex-Officio Member McLemore left the meeting at 8:33 p.m.

A. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
County Employees Management Association (CEMA)
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Director, Human Resources
Candice Gonzalez, Manager, Office of Civil Rights & Employee Relations
Shellie Albright, Manager, Benefits Department

B. Conference with Legal Counsel - Existing Litigation
[Government Code Section 54956.9(a)]

Rivera v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV 779801)

C. Conference with Legal Counsel - Existing Litigation
[Government Code Section 54956.9(a)]

Homer J. Olsen, Inc., v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV 785402) (six consolidated cases)

RECONVENE TO OPEN SESSION at 8:47 p.m.

43. CLOSED SESSION REPORT

A. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
County Employees Management Association (CEMA)
Service Employees International Union (SEIU) Local 715
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Director, Human Resources
Candice Gonzalez, Manager, Office of Civil Rights & Employee Relations
Shellie Albright, Manager, Benefits Department

There was no reportable action taken during Closed Session.

B. Conference with Legal Counsel - Existing Litigation
[Government Code Section 54956.9(a)]

Rivera v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV 779801)

There was no reportable action taken during Closed Session.

C. Conference with Legal Counsel - Existing Litigation
[Government Code Section 54956.9(a)]

Homer J. Olsen, Inc., v. Santa Clara Valley Transportation Authority
(Santa Clara County Superior Court Case No. CV 785402) (six consolidated cases)

There was no reportable action taken during Closed Session.

44. ADJOURNED at 8:48 p.m.