REPORT TO COUNCIL
SUBJECT
Title
Action on the City Council's Response to the Santa Clara County Civil Grand Jury Report Entitled "Pothole Damage: Improving claims processes within Santa Clara County"
Report
BACKGROUND
On June 12, 2026, the Santa Clara County Civil Grand Jury published a report entitled "Pothole Damage: Improving claims processes within Santa Clara County" (Civil Grand Jury report) (Attachment 1). The Civil Grand Jury report includes various findings and recommendations. California Penal Code Section 933(c) requires that a governing body of the particular public agency or department that has been the subject of a Civil Grand Jury final report to respond within 90 days on the specified findings and recommendations pertaining to matters under the control of the governing body.
The Penal Code outlines the following legal requirements for responses:
Response Standard for Findings
Penal Code Section 933.05(a) requires the responding entity to report one of the following actions for each Civil Grand Jury finding:
1. The respondent agrees with the finding.
2. The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
Response Standard for Recommendations
Penal Code Section 933.05(b) requires the responding entity to report one of the following actions for each Civil Grand Jury recommendation:
1. The recommendation has been implemented, with a summary regarding the implemented action.
2. The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe cannot exceed six months from the date of publication of the grand jury report.
4. The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
Consistent with Penal Code Sections 933.05(a) and 933.05(b), this report contains draft responses for the City Council’s consideration and approval. A response letter will be prepared consistent with the City Council’s direction the draft responses below, and will be transmitted to the Civil Grand Jury.
The City Council’s final responses on the Civil Grand Jury report findings and recommendations are due to the office of the Honorable Julie A. Emede, Presiding Judge, Superior Court of California, County of Santa Clara by September 10, 2026.
DISCUSSION
The Civil Grand Jury report made various findings and recommendations; however, only certain findings and recommendations require the City’s response. The report included a total of four (4) findings and five (5) recommendations. Of these, the City, as an agency, has been directed to respond to three (3) of the findings and three (3) of the recommendations.
A complete list of all findings and recommendations in the Civil Grand Jury’s “Pothole Damage: Improving claims processes within Santa Clara County” report can be found on pages 14-15 of the document, which is attached to this staff report (Attachment 1) and can also be found on the Civil Grand Jury’s website: https://santaclara.courts.ca.gov/system/files/civil/pothole-damage-improving-claims-processes-within-santa-clara-county.pdf
Proposed Responses to Civil Grand Jury Findings
For the City Council’s consideration, below are proposed responses to the Civil Grand Jury’s findings to which the City was directed to respond:
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.
Draft Response
Relying on the research conducted by the Grand Jury, which the City has not independently verified, the City of Santa Clara agrees with the finding. In the City of Santa Clara, our records indicate that the City of Santa Clara rejected 85% of pothole claims from 2020 to 2025.
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.
Draft Response
The City of Santa Clara agrees with the finding in part. Eleven (11) of the forty-two (40) pothole claims submitted to the City of Santa Clara during the period January 1, 2020, through October 31, 2025, were directed to the wrong entity.
The City of Santa Clara is unique among the cities in the County in that we share our name with the County and various entities within the County. Misdirected claims received by the City are often the result of a claimant mistaking the City for the County, or mistakenly thinking that the City is affiliated with an agency/entity that has “Santa Clara” in the title (such as Santa Clara Valley Transportation Agency or Santa Clara Valley Medical Center). That said, the City does agree that there is a benefit to be derived from providing additional information regarding roadways in our jurisdiction, as further discussed under Recommendations below.
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.
Draft Response
The City of Santa Clara disagrees with the finding as it relates to the City of Santa Clara. As noted in the report, both the City’s claim form and claim instructions are clearly posted on the City’s website. The City of Santa Clara has installed DocAccess, described further in response to Recommendation 3b, that enhances accessibility to the form and instructions for persons with disabilities. Furthermore, the DocAccess program also provides language translation functionality for these documents. For these reasons, we respectfully disagree that the City’s website contains deficiencies that make it difficult to file a claim.
Proposed Responses to Civil Grand Jury Recommendations
For the City Council’s consideration, below are proposed responses to the Civil Grand Jury’s Recommendations to which the City was directed to respond:
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.
Draft Response
The City of Santa Clara agrees with the recommendation, in part, and it will be implemented. As described below, to the extent the City includes a list of roadways on its claims website, that list would more clearly communicate the information if it was a list of roadways maintained by other agencies.
The City’s Information Technology Department is working to update its Geographic Information Services portal and estimates that this project will be completed by January 1, 2027. The update should provide information about the entity responsible for any particular roadway. A link to the portal will then be added to the City’s claims instructions. In the alternative, the City may include a list of roads owned and/or maintained by other entities on its claims website (such as County owned/maintained expressways and State owned/maintained highways).
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.
Draft Response
The City of Santa Clara agrees with the recommendation, and it will be implemented.
The update to the City’s claims instructions will be completed in conjunction with the implementation of Recommendation 2a. This list will be based upon data collected as of July 1, 2026.
Recommendation 3b
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 - 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.
Draft Response
The City of Santa Clara agrees with the recommendation, and it has already been implemented.
In April, the City implemented DocAccess software to improve accessibility to its PDF documents. The software includes translation functionality that allows the claim form and instructions to be translated into languages consistent with the City’s demographics.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
There is no fiscal impact related to sending the response other than administrative staff time and expense. However, implementation of certain contemplated recommendations may result in increased expense for the City, which will be addressed by budget action, if necessary.
COORDINATION
This report was coordinated between the City Attorney and City Manager’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Discuss and approve a final response to the Civil Grand Jury Report entitled "Pothole Damage: Improving claims processes within Santa Clara County" and direct the City Attorney to prepare the formal response consistent with City Council direction; and
2. Authorize the City Manager to submit the City’s response to the Civil Grand Jury Report in the form approved, subject only to finalization of response language, as directed, and any technical, conforming, non-substantive modifications approved by the City Attorney, to the Honorable Julie A. Emede, Presiding Judge, Superior Court of California, County of Santa Clara, no later than September 10, 2026.
Staff
Reviewed by: Glen Googins, City Attorney
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Civil Grand Jury Report: "Pothole Damage: Improving claims processes within Santa Clara County"