Score: -3
(13/21/16)
Santa Clara County Grand Jury
• 2025-2026
VTA’s Management and Oversight of BART Silicon Valley Phase II
Published: June 17, 2026
41 pages
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 10 findings
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Related Recommendations (1)
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
F2
VTA does not maintain a cash-flow model for the BSVII project.
Related Recommendations (1)
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Related Recommendations (1)
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Related Recommendations (1)
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Related Recommendations (1)
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Related Recommendations (1)
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Related Recommendations (1)
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Related Recommendations (1)
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Related Recommendations (1)
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those analyses with recommendations to resolve conflicts when necessary; • The responsibility of the Oversight Committee to consider and present its recommendations before the Board considers major decisions such as scope of the project, contracting, risk management, budgeting, and funding strategy; • The responsibility of the Oversight Committee to hold subject matter experts accountable for timely analysis of costs, risk, and schedule; • The responsibility of the Oversight Committee to report to the Board on the implications of design and construction issues that impact future ongoing operations and maintenance costs to be borne by VTA. This should be implemented
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Related Recommendations (1)
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Agency Responses 13
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
▶
VTA
19 pages
• 16 responses
•
Score: +3
(+5, 9, -2)
View Details ▾
16 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Disagree Partially
Score: 0
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding. Response VTA disagrees partially with the finding. None of the funding currently anticipated for the construction of the Project is contingent on approval of any future sales tax measure. Moreover, this finding is incorrect to the extent it treats the $375 million shown in the project funding plan as contingent on a potential November 2026 ballot measure. That $375 million derives from Regional Measure 3, approved by Bay Area voters in June 2018 and alloc...
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Will Not Implement
Score: -1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented by December 31, 2026. Response The recommendation will not be implemented because it is not warranted. VTA staff are currently reassessing project cost, schedule, and delivery assumptions and will present an updated funding strategy to the Oversight Committee and the Board on or before December 31, 2026. The capital funds required to build BSVII do not depend on new sales tax measures, and the strategy will confirm and document th...
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Disagree Partially
Score: 0
exist and are maintained. What requires further analysis is the form of regular reporting to the Oversight Committee and the Board. VTA staff will determine the appropriate frequency and format of a consolidated BSVII cash flow report drawn from the existing models and will return to the Board with that analysis no later than December 17, 2026. Beginning in the first quarter of 2027, staff will present to the Oversight Committee and the Board a BSVII cash flow report that overlays projected revenues, by source, against projected expenditures, including contract payment schedules, by calendar y...
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Requires Analysis
Score: 0
Recommendation 2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented by December 31, 2026. Response The recommendation requires further analysis. The cash flow models described in the
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Agree
Score: +1
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient. Response VTA agrees with the finding. A formal alternative funding strategy has not been adopted. This reflects a deliberate judgment about prudent sequencing rather than an oversight: with a Full Funding Grant Agreement (FFGA) application pending, publicly developing and adopting a contingency funding plan carries a real risk of undermining the federal commitment such a plan would be hedging against.
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Requires Analysis
Score: 0
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project's estimated total capital costs and VTA's responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented by December 31, 2026. Response The recommendation requires further analysis. VTA's current path for meeting the Project's capital and operating funding requirements is the pending Full Funding Grant Agreement (FFGA) process with the Federal Transit Administration, and VTA does not intend to deviate fro...
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Agree
Score: +1
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board. Response VTA agrees with the finding.
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Will Implement
Score: +1
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented by December 31, 2026. Response The recommendation will be implemented. VTA will update the BSVII Project Plans and Procedures to include the requirement of conducting and presenting operating and maintenance cost analysis when considering major design and construction alternatives. This will be implemented by December 31, 2026.
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Disagree Partially
Score: 0
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge. Response VTA disagrees partially with the finding. Continuity and institutional knowledge generally benefit governance, and term length is one factor among several that affects them. The appointing authorities, not VTA, control the reappointment practices that most directly drive Board member tenure. The Board's structure and two-year terms are established by the Legislature, and there is no limit to the number of terms an elected official may serve, so tenure is not structurally capped.
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Will Not Implement
Score: -1
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA's enabling statute to require four-year terms. This should be implemented by December 31, 2026. Page 5 of 9
Honorable Julie A. Emede, Presiding Judge, Santa Clara County Superior Court VTA Response to Civil Grand Jury Report: VTA's Management and Oversight of BART Silicon Valley Phase II September 10, 2026 Page 6 of 9 Response The recommendation will not be implemented because it is not warranted. Th...
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Disagree Partially
Score: 0
The role assigned to the auditor general is outside the traditional scope of an auditor's responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general's independence. Response VTA disagrees partially with the finding. VTA disagrees that the role of the Auditor General is outside the traditional scope of an auditor's responsibilities. An auditor general may perform work as an advisory engagement under the consulting standards of the American Institute of Certifie...
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Requires Analysis
Score: 0
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee's deliberations. This should be implemented by December 31, 2026. Response The recommendation requires further analysis. VTA will review alternative staffing models for supporting the Oversight Committee as part of its preparation of the scope for the procurement for Auditor General services to be solicited...
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Agree
Score: +1
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee. Response VTA agrees with the finding. The Oversight Committee was established by the Board chair in 2023, and its bylaws and revised charter were adopted at the committee level. The Administrative Code approved by the VTA Board delegated that approval authority at the time to the Governance and Audit Committee, which was composed of the Board Chair, Board Vice Chair, and the chairs of the VTA standing committees. Consistent with the Administrative Code, that committee approved the Oversight Committe...
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Requires Analysis
Score: 0
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board's expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee's synthesis of those analyses with recommendations to resolve conflicts when necessary; • The responsibility of the Oversight...
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Disagree Partially
Score: 0
VTA's vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project. Response VTA disagrees partially with the finding. The report itself credits improvements to the website, including timely construction updates, a frequently asked questions section, and posted technical reports from the federally required Project Management Oversight Consultant. Contrary to the report's assertion, the website also includes reports from the Auditor General. VTA believes the site is informative but ackn...
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Will Implement
Score: +1
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented by October 31, 2026. Response The recommendation has not yet been implemented but will be implemented. VTA will implement a project dashboard on its vtabart.org website presenting status, cost, and schedule information by December 17, 2026. This letter responds directly to the findings and recommendations by the Civil Grand Jury as required by Penal Code section 933.05. VTA notes that the body o...
▶
Town of Los Gatos
3 pages
View Details ▾
No structured response data extracted yet.
View the PDF for full details.
▶
City of Campbell
3 pages
• 20 responses
•
Score: 0
(+1, 2, -1)
View Details ▾
20 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Unknown
Score: 0
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Unknown
Score: 0
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Unknown
Score: 0
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Unknown
Score: 0
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Unknown
Score: 0
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Unknown
Score: 0
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Unknown
Score: 0
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Unknown
Score: 0
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Unknown
Score: 0
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Unknown
Score: 0
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Disagree Partially
Score: 0
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to "appoint individuals with appropriate experience and qualifications in transportation" and to "reappoint representatives to consecutive terms." Response: Disagree partially. The City of Campbell agrees that transportation experience and qualifications, sufficient time remaining in an appointee's elected term, and continuity through consecutive service are important considerations. The City of Campbell disagrees with the report's broad conclusion that Appointing Authority ...
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Implemented
Score: 0
The recommendation has been implemented. By approving this response, the City of Campbell provides that, when participating in Group 3 appointment decisions, it will continue to consider the factors identified in Section 2-14, including appropriate transportation experience and qualifications, sufficient remaining time in elected office, and consecutive terms, where possible. This certification does not alter the discretion granted to the Group 3 cities to determine their appointment procedure or require appointment of a particular eligible elected official. Each of the other Group 3 jurisdict...
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Agree
Score: +1
Agree. The appointing authority groups use different selection processes. This is consistent with Section 2-14 of the VTA Administrative Code, which provides that the procedures for selecting directors and alternates are to be determined by the cities in each respective grouping. RECOMMENDATIONS
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted or reasonable at this time. The City of Campbell and the other Group 3 cities consider the current Group 3 appointment process adequate. The process reflects the composition and needs of the five participating cities and is consistent with Section 2-14 of VTA's Administrative Code, which expressly assigns each grouping responsibility for determining its own procedure. A uniform process across Groups 2 through 5 could reduce the flexibility needed to account for differences in group size, representation, elected-term timing,...
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Unknown
Score: 0
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Unknown
Score: 0
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Unknown
Score: 0
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Unknown
Score: 0
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Unknown
Score: 0
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Unknown
Score: 0
▶
City of Mountain View
2 pages
• 20 responses
•
Score: 0
(+1, 2, -1)
View Details ▾
20 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Unknown
Score: 0
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Unknown
Score: 0
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Unknown
Score: 0
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Unknown
Score: 0
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Unknown
Score: 0
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Unknown
Score: 0
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Unknown
Score: 0
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Unknown
Score: 0
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Unknown
Score: 0
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Unknown
Score: 0
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Disagree
Score: -1
The Cities of Group 2 share the Grand Jury's concerns regarding the BART project, however can only respond to Findings and Recommendations 6 and 7. The Cities of Group 2 disagree with the Grand Jury's findings. Group 2 Cities have adopted bylaws governing the appointment of the VTA Group 2 Board Representative, and strive to select representatives with transportation experience and knowledge by selecting individuals who have two or more of the following qualifications: (1) at least one year's service on the VTA Board within the last 4 years; (2) at least one year's service on a policy advisory...
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Implemented
Score: 0
This recommendation has been implemented. Since 2021 Cities of Group 2 have appointed VTA Board Representatives to ensure that representatives possess transportation knowledge and experience. Group 2 Cities representatives are chosen based recent VTA experience, attendance record, transportation policy credentials, and/or working knowledge of the VTA. The current Group 2 Representative has prior VTA Board experience. Civil Grand Jury Finding 7: VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments. City of Mountain View
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Agree
Score: +1
The Cities of Group 2 agree with this Finding. Civil Grand Jury Recommendation 7: The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented by December 31, 2026. City of Mountain View
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Requires Analysis
Due: December 31, 2026
Scheduled: Willing to meet with other Appointing Authority Groups to consider a uniform process by December 31, 2026.
Score: 0
This recommendation requires further analysis. Group 2 Cities have adopted bylaws consistent with the VTA Administrative Code governing the process for making appointments. The City of Mountain View is willing to meet with the other Appointing Authority Groups to consider a uniform process for making Board appointments by December 31, 2026. However, at this juncture it is not known whether a uniform process can be crafted for all of the Appointing Authority Groups or be accomplished within the designated time frame.
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Unknown
Score: 0
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Unknown
Score: 0
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Unknown
Score: 0
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Unknown
Score: 0
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Unknown
Score: 0
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Unknown
Score: 0
▶
City of Sunnyvale
18 pages
• 20 responses
•
Score: -3
(+0, 1, -3)
View Details ▾
20 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Finding 1.
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Recommendation 1.
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Finding 2.
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Recommendation 2.
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Finding 3.
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Recommendation 3.
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Finding 4.
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Recommendation 4.
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Finding 5.
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Recommendation 5.
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Disagree
Score: -1
DISAGREE WHOLLY. The City of Sunnyvale disagrees with Finding 6 as it relates to the City of Sunnyvale and the Valley Transportation Authority (VTA) Board appointments made by the Sunnyvale City Council. Sunnyvale does not have any information or an opinion regarding how other agencies make their appointments for Board Appointing Authority Groups 2 through 5. Section 2-14 of the VTA Administrative Code (Exhibit A) states in part that Board Appointing Authority Groups 2 through 5 "…are strongly encouraged, where possible…" to make appointments based on the language in Finding 6. California Gove...
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Will Not Implement
Score: -1
THE RECOMMENDATION WILL NOT BE IMPLEMENTED BECAUSE IT IS NOT WARRANTED. Page 5 of 9
The Honorable Julie A. Emede, Presiding Judge August 11, 2026 The City of Sunnyvale will not be implementing Recommendation 6. Sunnyvale appreciates the intent of this recommendation but does not plan on committing the City to administrative rules adopted by a partner agency. Sunnyvale will continue to follow the California Government Code provisions and its own Council Policy (Exhibit C) when making appointments to the VTA Board and other Intergovernmental Agency boards. • Finding 7 VTA Board Appointing Autho...
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Disagree Partially
Score: 0
DISAGREE PARTIALLY. The City of Sunnyvale follows Council Policy 7.4.12 (Exhibit C) when making appointments to the VTA Board and other Intergovernmental Agencies. This policy is adopted by the Sunnyvale City Council which is elected by Sunnyvale voters. Sunnyvale assumes other agencies follow a process as defined by their governing bodies. • Recommendation 7 The cities represented in Appointing Authority Groups 2 and 5 should agree on a uniform process for making Board appointments. This should be implemented by December 31, 2026.
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Will Not Implement
Score: -1
THE RECOMMENDATION WILL NOT BE IMPLEMENTED - IT IS NOT WARRANTED The City of Sunnyvale will not be implementing Recommendation 7. Sunnyvale appreciates the intent of this recommendation but does not plan on committing the City to an appointment process that differs from Council Policy 7.4.12 (Exhibit C) when making appointments to the VTA Board. This is the same policy the Sunnyvale City Council uses for appointments to other Intergovernmental Agencies and is a policy adopted by Sunnyvale's elected City Council. Page 6 of 9
The Honorable Julie A. Emede, Presiding Judge August 11, 2026 • Findi...
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Finding 8.
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Recommendation 8.
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Finding 9.
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Recommendation 9.
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Finding 10.
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Unknown
Score: 0
No response from the City of Sunnyvale is requested by the Civil Grand Jury for Recommendation 10.
▶
City of Los Altos
2 pages
• 20 responses
•
Score: +2
(+2, 0, 0)
View Details ▾
20 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Unknown
Score: 0
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Unknown
Score: 0
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Unknown
Score: 0
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Unknown
Score: 0
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Unknown
Score: 0
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Unknown
Score: 0
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Unknown
Score: 0
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Unknown
Score: 0
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Unknown
Score: 0
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Unknown
Score: 0
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Agree
Score: +1
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to "appoint individuals with appropriate experience and qualifications in transportation" and to "reappoint representatives to consecutive terms." Response 6: Respondent, City of Los Altos, neither agrees nor disagrees with the finding as the City is unable to verify the claim provided. City of Los Altos is a member of Group 2. With respect to Group 2, Director Pat Burt is in his sixth consecutive year of board membership (he is now an ex oficio member appointed by CalTrain)...
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Unknown
Score: 0
Respondent, City of Los Altos, agrees that Groups 2 through 5 should adhere to the VTA Administrative Code admonitions, however, the City cannot independently implement the recommendation as it is only one of the four agencies comprising Group 2, and Group 2 is only one Group of the four groups identified in the recommendation.
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Agree
Score: +1
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments. Response 7: Respondent, City of Los Altos, agrees with the finding.
Recommendation 7:
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented by December 31, 2026. Response 7: Respondent, City of Los Altos, does not agree with the recommendation as it feels the method for selecting the Group 2 representative is appropriate for the subregion and the individuals represented therein as it p...
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Unknown
Score: 0
Respondent, City of Los Altos, does not agree with the recommendation as it feels the method for selecting the Group 2 representative is appropriate for the subregion and the individuals represented therein as it provides equal opportunities for each city within the subregion to have a representative appointed.
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Unknown
Score: 0
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Unknown
Score: 0
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Unknown
Score: 0
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Unknown
Score: 0
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Unknown
Score: 0
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Unknown
Score: 0
▶
City of Saratoga
2 pages
• 20 responses
•
Score: 0
(+1, 2, -1)
View Details ▾
20 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Unknown
Score: 0
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Unknown
Score: 0
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Unknown
Score: 0
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Unknown
Score: 0
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Unknown
Score: 0
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Unknown
Score: 0
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Unknown
Score: 0
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Unknown
Score: 0
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Unknown
Score: 0
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Unknown
Score: 0
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Disagree Partially
Score: 0
Response: Disagree partially. The City agrees that transportation experience and qualifications, sufficient time remaining in an appointee's elected term, and continuity through consecutive service are important considerations. The City disagrees with the report's broad conclusion that Appointing Authority Groups 2 through 5 often do not follow Section 2-14.
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Implemented
Score: 0
Implemented. By approving this response, the City provides that, when participating in Group 3 appointment decisions, it will continue to consider the factors identified in Section 2-14, including appropriate transportation experience and qualifications, sufficient remaining time in elected office, and consecutive terms, where possible. This certification does not alter the discretion granted to the Group 3 cities to determine their appointment procedure or require appointment of a particular eligible elected official. Each of the other Group 3 jurisdictions acts through its own governing body...
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Agree
Score: +1
Agree. The appointing authority groups use different selection processes. This is consistent with Section 2-14 of the VTA Administrative Code, which provides that the procedures for selecting directors and alternates are to be determined by the cities in each respective grouping. RECOMMENDATIONS
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted or reasonable at this time. The city and the other Group 3 cities consider the current Group 3 appointment process adequate. The process reflects the composition and needs of the five participating cities and is consistent with Section 2-14, which expressly assigns each grouping responsibility for determining its own procedure. A uniform process across Groups 2 through 5 could reduce the flexibility needed to account for differences in group size, representation, elected-term timing, and local circumstances. If VTA develops...
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Unknown
Score: 0
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Unknown
Score: 0
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Unknown
Score: 0
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Unknown
Score: 0
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Unknown
Score: 0
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Unknown
Score: 0
▶
City of San José
2 pages
• 20 responses
•
Score: -2
(+1, 0, -3)
View Details ▾
20 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Unknown
Score: 0
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Unknown
Score: 0
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Unknown
Score: 0
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Unknown
Score: 0
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Unknown
Score: 0
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Unknown
Score: 0
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Unknown
Score: 0
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Unknown
Score: 0
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Unknown
Score: 0
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Unknown
Score: 0
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Disagree
Score: -1
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to "appoint individuals with appropriate experience and qualifications in transportation" and to "reappoint representatives to consecutive terms." Disagree. The City is not a member of VTA Board Appointing Authority Groups 2 through 5 and thus, cannot agree with whether those respective groups do not follow VTA Administrative Code (Section 2- 14).
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Will Not Implement
Score: -1
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented by December 31, 2026. Will not be implemented. The City, as Appointing Authority Group 1, is not a part of VTA Board Appointing Authority Groups 2 through 5 and thus, cannot implement the recommendation.
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Agree
Score: +1
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments. Agree.
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Will Not Implement
Score: -1
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented by December 31, 2026. Will not be implemented. While several recommendations made with the Grand Jury Report have the potential to improve the effectiveness of the VTA Board of Directors, the City of San José is not the agency best suited to make policy recommendations nor move proposals forward through the state legislative process.
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Unknown
Score: 0
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Unknown
Score: 0
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Unknown
Score: 0
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Unknown
Score: 0
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Unknown
Score: 0
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Unknown
Score: 0
▶
Town of Los Altos Hills
2 pages
View Details ▾
No structured response data extracted yet.
View the PDF for full details.
▶
City of Santa Clara
4 pages
• 20 responses
•
Score: -2
(+0, 2, -2)
View Details ▾
20 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Unknown
Score: 0
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Unknown
Score: 0
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Unknown
Score: 0
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Unknown
Score: 0
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Unknown
Score: 0
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Unknown
Score: 0
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Unknown
Score: 0
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Unknown
Score: 0
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Unknown
Score: 0
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Unknown
Score: 0
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Disagree Partially
Score: 0
The City partially disagrees with this finding. The City disagrees with the finding to the extent it applies to the City of Santa Clara. Santa Clara is a member of Appointing Authority Group 5, along with the cities of Milpitas and Sunnyvale. The City's appointments to the VTA Board of Directors comply with State law, specifically Section 100060(a)(3) of the California Public Utilities Code, which governs the composition of the Santa Clara Valley Transportation Authority Board of Directors and the representation of cities other than the City of San Jose: "Five city council members or mayors se...
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted. The City appreciates the intent of this recommendation, but it does not plan to bind the City Council to administrative rules adopted by a partner agency. The City will continue to follow the California Public Utilities Code and its current practice, which preserves the City Council's discretion to determine appointments to City boards and committees and to regional and outside agency committees. The City can and will consider the encouraged actions in Section 2-14 of the VTA Administrative Code when making appointments, w...
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Disagree Partially
Score: 0
The City partially disagrees this this finding. The City disagrees with the finding to the extent it suggests that the absence of a uniform process results in appointments that do not comply with State law. While Santa Clara does not have an adopted policy or ordinance governing City Council appointments to committees, by practice, the City compiles a list each January of Councilmember appointments to City Committees and to regional and outside agency committees for City Council review and consideration. The Mayor recommends which Councilmembers serve as members or alternates, and those recomm...
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted. The City appreciates the intent of this recommendation, but it does not plan to commit the City Council to an appointment process that differs from its current practice for making appointments to City boards and committees and to regional and outside agency committees. Each city's approach may reflect its own charter, city policies, and local needs, and State law already establishes who is eligible to serve.
Valley Phase II September 10, 2026 Page 4 of 4 The City remains willing to share its current practice with the othe...
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Unknown
Score: 0
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Unknown
Score: 0
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Unknown
Score: 0
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Unknown
Score: 0
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Unknown
Score: 0
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Unknown
Score: 0
▶
City of Palo Alto
7 pages
• 20 responses
•
Score: -1
(+1, 1, -2)
View Details ▾
20 responses to findings and recommendations
F1
The BSVII project currently requires voter approval of additional sales tax measures to address gaps in construction and operations funding.
Response: Unknown
Score: 0
R1
VTA should adopt and publish a strategy for the completion and operation of the project that reduces dependency on new sales tax measures. This should be implemented
Response: Unknown
Score: 0
F2
VTA does not maintain a cash-flow model for the BSVII project.
Response: Unknown
Score: 0
R2
The VTA Board should direct the General Manager to prepare a cash-flow model for the BSVII project and present it quarterly to the Oversight Committee and the Board. This should be implemented
Response: Unknown
Score: 0
F3
VTA has not developed an alternative funding strategy for the project in the event that planned funding sources are unavailable or insufficient.
Response: Unknown
Score: 0
R3
The VTA Board should direct the General Manager to prepare an alternative funding strategy to meet the project’s estimated total capital costs and VTA’s responsibility for operating and maintenance costs and present it to the Oversight Committee and Board for approval. This should be implemented
Response: Unknown
Score: 0
F4
Project management does not consistently report the operating and maintenance cost implications of design and construction decisions to the Oversight Committee or the Board.
Response: Unknown
Score: 0
R4
VTA should adopt a policy requiring staff to present an analysis of operating and maintenance costs when considering design and construction alternatives for BSVII. This should be implemented
Response: Unknown
Score: 0
F5
The VTA Board would benefit from longer terms of office to improve continuity and institutional knowledge.
Response: Unknown
Score: 0
R5
VTA should reconsider its prior rejections of audit recommendations calling for the establishment of four-year terms and direct its legislative advocates to seek a legislative author to amend VTA’s enabling statute to require four-year terms. This should be implemented
Response: Unknown
Score: 0
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Disagree
Score: -1
The City of Palo Alto disagrees with Finding 6, to the extent this finding applies to the City of Palo Alto and VTA Board Group 2. Group 2 Cities Working Group Resolution No. 2022-01 (enclosed herewith) governs the appointment of the Group 2 representative to the VTA Board. The Resolution incorporates the requirements of VTA Administrative Code section 2-14 into the appointment process, including (1) requirements for transportation-related experience and (2) a requirement that any eligible sitting Board Member or alternate be appointed to a second term after serving their first term. The Resol...
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Implemented
Score: 0
The City of Palo Alto has already implemented this recommendation to the extent it applies to the City and other Group 2 cities. Group 2 Cities Working Group Resolution No. 2022-01 complies with VTA Administrative Code section 2-14. Information regarding the two most recent Group 2 appointees to the VTA Board is provided in the City's
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Agree
Score: +1
The City of Palo Alto agrees with this finding. The VTA Administrative Code allows members of VTA Board Groups 2 through 5 to determine the process for appointing their respective Board members. The Administrative Code allows each group to have a different process. While Palo Alto lacks first-hand knowledge of the appointment processes for Groups 3 through 5, publicly available sources indicate that not all of the groups use the same process that Palo Alto and other Group 2 cities use to appoint their VTA Board members. Civil Grand Jury Recommendation 7: The cities represented in Appointing Au...
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Will Not Implement
Score: -1
This recommendation will not be implemented by the City of Palo Alto, because Palo Alto does not have authority over the VTA or other VTA members. However, Palo Alto and other Group 2 cities currently comply with VTA Administrative Code section 2-14. The City of Palo Alto remains open to discussing a uniform process for making Board appointments, consistent with the VTA Administrative Code. Sincerely, ______________________________ Vicki Veenker Mayor Enclosure
RESOLUTION NO. 2021 A RESOLUTION OF THE GROUP 2 CITIES WORKING GROUP OF THE VTA POLICY ADVISORY COMMITTEE ADOPTING REVISED BY-LAWS WH...
F8
The role assigned to the auditor general is outside the traditional scope of an auditor’s responsibilities and has introduced conflict and uncertainty among VTA staff and the Oversight Committee. Being involved in the management and policy-making process threatens the auditor general’s independence.
Response: Unknown
Score: 0
R8
The Board should implement an alternative model for supporting the Oversight Committee that does not rely on the auditor general to provide services such as agenda preparation, monitoring of VTA staff assignments, or preparation of a synthesis of multiple independent inputs to the Committee’s deliberations. This should be implemented
Response: Unknown
Score: 0
F9
The Board of Directors has not approved the bylaws, nor the charter of the Oversight Committee.
Response: Unknown
Score: 0
R9
VTA should formally adopt a revised Charter for the Oversight Committee, setting the Board’s expectations on the following issues: • Defining the role of the auditor general to no longer require him to supervise the presentations by VTA staff to the Oversight Committee; • The responsibility of the Oversight Committee to report regularly to the Board on the independent analyses of costs, risks, and schedule by the PMOC and any SMEs; and to provide the Oversight Committee’s synthesis of those anal...
Response: Unknown
Score: 0
F10
VTA’s vtabart.org website is poorly organized and not always intuitive to navigate, making it hard to find information about the status, cost, and schedule of the BSVII project.
Response: Unknown
Score: 0
R10
The VTA Board should direct the General Manager to implement and maintain a project dashboard on its vtabart.org website that includes status, cost, and schedule information. This should be implemented
Response: Unknown
Score: 0
▶
City of Monte Sereno
3 pages
• 4 responses
•
Score: 0
(+1, 2, -1)
View Details ▾
4 responses to findings and recommendations
F6
VTA Board Appointing Authority Groups 2 through 5 often do not follow VTA Administrative Code (Section 2-14) admonitions to “appoint individuals with appropriate experience and qualifications in transportation” and to “reappoint representatives to consecutive terms.”
Response: Disagree Partially
Score: 0
Response: Disagree partially. The City agrees that transportation experience and qualifications, sufficient time remaining in an appointee's elected term, and continuity through consecutive service are important considerations. The City disagrees with the report's broad conclusion that Appointing Authority Groups 2 through 5 often do not follow Section 2-14.
R6
VTA Board Appointing Authority Groups 2 through 5 should certify to the VTA Board that they will adhere to VTA Administrative Code (Section 2-14) admonitions, regarding Board member expertise and appointment to consecutive terms. This should be implemented
Response: Implemented
Score: 0
Implemented. By approving this response, the City provides that, when participating in Group 3 appointment decisions, it will continue to consider the factors
identified in Section 2-14, including appropriate transportation experience and qualifications, sufficient remaining time in elected office, and consecutive terms, where possible. This certification does not alter the discretion granted to the Group 3 cities to determine their appointment procedure or require appointment of a particular eligible elected official. Each of the other Group 3 jurisdictions acts through its own governing bod...
F7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
Response: Agree
Score: +1
Response: Agree. The appointing authority groups use different selection processes. This is consistent with Section 2-14 of the VTA Administrative Code, which provides that the procedures for selecting directors and alternates are to be determined by the cities in each respective grouping.
R7
The cities represented in Appointing Authority Groups 2 through 5 should agree on a uniform process for making Board appointments. This should be implemented
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted or reasonable at this time. The city and the other Group 3 cities consider the current Group 3 appointment process adequate. The process reflects the composition and needs of the five participating cities and is consistent with Section 2-14, which expressly assigns each grouping responsibility for determining its own procedure. A uniform process across Groups 2 through 5 could reduce the flexibility needed to account for differences in group size, representation, elected-term timing, and local circumstances. If VTA develops...
▶
City of Milpitas
2 pages
View Details ▾
No structured response data extracted yet.
View the PDF for full details.
In the Press 2
Press coverage of this report, automatically tracked.
Santa Clara County Civil Grand Jury zeros in on dysfunction at VTA over BART expansion - Local News Matters
Local News Matters
· June 19, 2026
Local News Matters
· June 19, 2026
VTA Mismanaging BART Extension, Civil Grand Jury Report Says
KQED News
· June 18, 2026
KQED News
· June 18, 2026