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CITY COUNCIL STAFF REPORT
Date: September 1, 2026
Subject
Consider approval of response to the 2025-2026 Civil Grand Jury of Santa Clara County Report entitled VTA’s Management and Oversight of BART Silicon Valley Phase II (“Civil Grand Jury Report”)
Recommended Action
Review, discuss and a pprove the City of Cupertino’s response to th at Civil Grand Jury Report.
Background
On June 17, 2026, the 2025-2026 Civil Grand Jury of Santa Clara County released the Civil Grand jury Report (Attachment A). Concerns discussed in the Report include: financial risks, oversight concerns, coordination with BART, board experience and continuity, and public communication.
The City of Cupertino, along with the other cities in Santa Clara County that appoint member to the VTA Board of Directors, has been asked to respond only to the findings and recommendations pertaining to board experience and continuity, which includes Findings 6 and 7, and Recommendations 6 and 7 , listed below, with our suggested response.
Suggested Response
Pursuant to California Penal Code section 933(c), the City must respond to these findings and recommendations by September 15, 2026. Below is a draft suggested response for the City Council’s consideration.
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.”
Response: Agree.
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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.
Response: Agree. This should be implemented by December 31, 2026.
Finding 7
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board appointments.
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.
Response: Agree. 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. 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; and board candidates’ other relevant experience with large regional boards. This should be implemented by December 31, 2026.
Once a response is approved by the City Council, the Interim City Attorney will forward the respond to the Presiding Judge of the Santa Clara County Superior Court.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program (CWP) Item/Description
None.
Council Goal:
Public Engagement and Transparency
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California Environmental Quality Act
Not applicable.
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Prepared by: Floy Andrews, Interim City Attorney
Reviewed by: Tina Kapoor, City Manager
Lauren Sapudar, City Clerk
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A. 2025-2026 Santa Clara County Civil Grand Jury Report VTA’s Management and Oversight of BART Silicon Valley Phase II