Attachment B
September __, 2026
The Honorable Julie A. Emede
Presiding Judge
Santa Clara County Superior Court
191 North First Street
San Jose, CA 95113
RE: City of Palo Alto Response to 2026 Santa Clara County Civil Grand Jury Report:
VTA’s Management and Oversight of BART Silicon Valley Phase II
Dear Judge Emede:
The following is the City of Palo Alto’s response to the above-mentioned Grand Jury Report pursuant to California Penal Code §§ 933 and 933.05.
Civil Grand Jury 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.”
City of Palo Alto Response to Finding 6:
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 Resolution also requires that appointment of the Board Member and alternate shall take place at a noticed meeting open to the public.
The last two Group 2 representatives (a Palo Alto Councilmember and Los Altos Councilmember) have both had relevant transportation experience, including local and regional experience with transportation issues and/or service on the VTA Policy Advisory Committee.
The Palo Alto Councilmember continues to serve as an ex officio member of the VTA Board by virtue of his role as the Cities Association of Santa Clara County City Selection Committee representative to the Metropolitan Transportation Commission. In addition, both recent Group 2 appointees either served two terms on the VTA Board or are expected to do so, consistent with Resolution No. 2022-01.
Civil Grand Jury 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.
City of Palo Alto Response to Recommendation 6:
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 response to Finding No. 6.
No further report to the VTA Board is required.
Civil Grand Jury Finding 7:
VTA Board Appointing Authority Groups 2 through 5 have different processes for making Board Appointments.
City of Palo Alto Response to Finding 7:
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 Authority Groups 2 through 5 should agree on a uniform process for making Board appointments.
City of Palo Alto Response to Recommendation 7:
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