Santa Clara County Grand Jury • 2025-2026

VTA’s Management and Oversight of BART Silicon Valley Phase II

Published: June 17, 2026 41 pages
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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

In the Press 2

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