HomeMy WebLinkAboutCC 09-01-2026 Item No. 13. Civil Grand Jury Response_Staff PresentationCC - 09-01-2026
#13
Consider approval of
response to the 2025-2026
Civil Grand Jury Report
Presentation
2025-2026 Santa Clara County Civil Grand Jury
Response to Civil Grand Jury Report:
VTA’s Management & Oversight of BART
Silicon Valley Phase II
Floy Andrews, Interim City Attorney
September 1, 2026
Background
•Report analyzes VTA’s Management and
Oversight of the BART Silicon Valley Phase II
•Released June 17, the report is primarily
addressed to the VTA Board regarding its
oversight of the BART expansion
•It also includes questions regarding how
Cities like Cupertino appoint VTA Board
members
•Responses are due September 15
Responses are Required from the City to
2 Findings and 2 Recommendations
•Penal Code sections 933(b) and 933.05
require the City to respond to the Civil
Grand Jury’s Findings and
Recommendations
•The Civil Grant Jury requests the City’s
response to:
Findings (6 and 7) &
Recommendations (6 and 7)
Finding 6
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.”
Suggested Response: Agree.
Recommendation 6
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.
Suggested Response: Agree.
Finding 7
VTA Board Appointing Authority Groups 2
through 5 have different processes for making
Board appointments.
Suggested Response: Agree.
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.
Suggested Response: Agree(continued next slide)
Recommendation 7 (continued)
VTA Board Appointing Authority Groups
2 through 5 should consider developing
a uniform process of making VTA Board
appointments that includes a standard
weighting system of various metrics
relevant to the VTA’s purpose.
Recommendation 7 (continued)
Such metrics might include:
-board candidates’ prior appointment to or
experience with the VTA Board to enhance continuity
and institutional memory;
-board candidates’ prior expertise with or education
in urban transit systems generally;
-board candidates’ willingness and ability to attend
transit board trainings offered by industry experts;
-board candidates’ other relevant experience with
large regional boards.
This should be implemented by December 31, 2026.
Thank you