CITY COUNCIL STAFF REPORT
Date: September 15, 2026
Subject
Approval of response to the 2025-2026 Civil Grand Jury of Santa Clara County Report entitled Pothole Damage: Improving claims processes within Santa Clara County (“Civil Grand Jury Report”)
Recommended Action
Approve the City of Cupertino’s response to that Civil Grand Jury Report.
Background
On June 12, 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:
Opaque and Complex Process making it hard for residents to navigate; Difficulties in Finding Claim Forms; Lack of Multilingual Options; Confusing Jurisdictional Boundaries, leading to claims being automatically rejected for being filed in the wrong place; and Vague Rejection Notices, providing little to no explanation as to why the claim was rejected.
The City of Cupertino (“City”), along with the other cities in Santa Clara County is being asked to respond to the report because it is one of the public agencies whose website allegedly has deficiencies that make it difficult for residents to file a pothole claim.
The Civil Grand Jury's investigation found that Cupertino does not provide online claims process instructions, requires users to manually use a search function to locate its claim form, and lacks translation features in multiple languages.
Because of these findings, the City is being asked to respond only to the following:
• Findings 1, 2, and 3: The city must explicitly "Agree" or "Disagree" with each finding.
• Recommendations 2a, 2b, 3a, and 3b: The City must report its planned action regarding the Grand Jury's proposed website updates.
As noted in an extension letter by the presiding judge , dated July 10, 2026 , Cupertino's formal response is due to the Presidin g Judge of the Santa Clara County Superior Court no later than October 10, 2026.
Suggested Response
Pursuant to California Penal Code section 933(c), the City must respond to these findings and recommendations by October 10, 2026. Below is a draft suggested response for the City Council’s consideration.
Finding 1
Jurisdictions within Santa Clara County rejected 92% of pothole claims from 2020 to 2025 due to reasons including missed deadlines, incorrect jurisdiction, and lack of prior notice.
Response: Agree.
Finding 2
Claims are often rejected because the claimant filed with the incorrect jurisdiction, which can happen because jurisdictional lines are often unclear or poorly communicated. The claims websites of all jurisdictions within Santa Clara County lack information about how to determine if a road is in its jurisdiction.
Response: Partially agree. The City cannot comment on other cities’ actions but over the last 5 years, the City has infrequently rejected claims due to jurisdictional lines.
Recommendation 2a
All jurisdictions within Santa Clara County should include a link to a map or list of roads they maintain on their claims website. The jurisdictions should implement this by December 15, 2026.
Response: Agree. The City will implement this recommendation on its claims website by December 15, 2026.
Recommendation 2b
All jurisdictions within Santa Clara County should update their claims websites to identify roads that are commonly mistaken as being in their jurisdictions. The jurisdictions should implement this by December 15, 2026.
Response: Agree. The City will implement this recommendation on its claims’ website by reviewing historical claims data and identifying any locations which claimants mistakenly believed were within the City’s jurisdiction by December 15, 2026.
Finding 3
Fifteen jurisdictions – the County, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San José, Santa Clara, and Saratoga – have websites with deficiencies that make it difficult to file a claim.
Response: Partially agree. The City cannot comment on alleged deficiencies in other cities but will implement the Civil Grand Jury’s recommendations on its website.
Recommendation 3a
Eleven jurisdictions – the County, Campbell, Cupertino, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, Mountain View, San José, and Saratoga – should update their websites to provide clear instructions and information about how to file a claim in addition to a link to the claim form. The jurisdictions should implement this by December 15, 2026.
Response: Partially Agree. The City cannot comment for other cities but it will implement this recommendation on its website, by December 15, 2026.
Recommendation 3b
Fourteen jurisdictions – the County, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San José, and Santa Clara – should incorporate useable software on their websites that can translate claim forms into multiple languages or provide claim forms in multiple languages based on the demographics they serve. The jurisdictions should implement this by December 15, 2026.
Response: Partially agree. The City cannot comment for other cities, but it will implement this recommendation on its website, by December 15, 2026.
Once a response is approved by the City Council, the Interim City Attorney will forward the response 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:
Good governance.
TBD item:
No.
California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: John Cardenas, Interim Assistant City Attorney Reviewed by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, City Manager
Attachments:
A. 2025-2026 Civil Grand Jury of Santa Clara County Report, “Pothole Damage: Improving claims processes within Santa Clara County”