REPORT TO COUNCIL
SUBJECT
Title
Review and Adopt Legislative Advocacy Positions and Long-Term Advocacy Positions Related to Neighborhood-Serving Retail, Food Desert Prevention, Americans with Disabilities Act (ADA) Reform, Modernizing Public Participation in State Government, and Updating the Statement on Our City Values and Public Service to Support the Intersex Community
Report
BACKGROUND
At the February 10, 2026 meeting, the City Council approved the City’s proposed 2026 Priority Advocacy Issues and Long-Term Advocacy Positions and directed staff to return with proposed policy language related to neighborhood-serving retail, food desert prevention, Americans with Disabilities Act (ADA) reform, modernizing public participation in State government, and an update to the Statement on Our City Values and Public Service to support the intersex community.
This report presents four proposed policy positions and an update to the Statement on Our City Values and Public Service for Council consideration. Adoption of these policy statements would enable the City to advocate on pending legislation and related policy issues consistent with Council direction.
EXISTING POLICY
Council Policy 7.4.14, Legislative Advocacy Positions
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 (a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
DISCUSSION
Neighborhood-Serving Retail and Food Desert Prevention
The City has existing policy language in Council Policy 7.4.14 Legislative Advocacy Positions, under Section 5. Affordable Housing, Homelessness, and Land Use:
Housing Element/Land Use
(D) Strongly encourage the State government to establish policies that balance the need for increased housing production at all income levels with the preservation of local land use authority, ensuring that cities can effectively accommodate their share of new housing:
• Support legislation that facilitates the preservation of sites to maintain an appropriate and convenient balance of land uses include retail and commercial services, places of assembly, public open spaces, and public facilities.
• Advocate for objective evaluation criteria, sufficient preparation time, and meaningful technical assistance to ensure a clear and efficient Housing Element certification process.
To expand support on this topic, a long-term advocacy position such as the following would need to be adopted by Council:
Council Policy 7.4.14 Legislative Advocacy Positions
5. Affordable Housing, Homelessness, and Land Use
(E) “Support legislation that advances neighborhood-serving retail and small business vitality, including:
• Authorizing or expanding local authority to implement mixed-use zoning and to encourage retail or neighborhood-serving commercial uses as part of land use approvals, where appropriate, to promote walkable communities, reduce vehicle miles traveled, reduce greenhouse gases and provide access to daily goods and services; and
• Preventing the formation of food deserts and addressing existing food access gaps through policies that expand access to healthy food options in communities.”
Adoption of this policy would allow the Mayor and staff to advocate on this topic.
Americans with Disabilities Act (ADA) Reform
The City does not currently have a policy position allowing advocacy related to ADA reform. To support this topic, a long-term advocacy position such as the following would need to be adopted by Council:
Council Policy 7.0 Long-Term Advocacy Positions - Planning and Management
F. Miscellaneous
(13) “Support reforms to the Americans with Disabilities Act (ADA) and related statutes that allow small businesses a reasonable opportunity to cure ADA violations prior to the initiation of certain enforcement actions, while maintaining strong protections for individuals with disabilities and ensuring meaningful accessibility compliance.”
Adoption of this policy would allow the Mayor and staff to advocate on this topic.
Modernizing Public Participation in State Government
The City does not currently have a policy position allowing advocacy related to modernizing public participation in State government. To support this topic, a long-term advocacy position such as the following would need to be adopted by Council:
Council Policy 7.0 Long-Term Advocacy Positions - Planning and Management
F. Miscellaneous
(14) “Support legislation to modernize public participation in State government by requiring public call-in or remote participation for State legislative committee sessions, with appropriate safeguards to verify participation and prevent abuse, while preserving meaningful public access and orderly proceedings.”
Adoption of this policy would allow the Mayor and staff to advocate on this topic.
Support the Intersex Community
In the current Statement on Our City Values and Public Service (Attachment 1), the City emphasizes unity, respect for cultural and religious traditions, and a strong commitment to valuing and protecting people of all backgrounds while welcoming immigrants and refugees.
To expand on this topic, Council would need to adopt an updated statement position (shown in bold below), such as the following:
Excerpt:
As the "Heart of the Silicon Valley," Sunnyvale is a thriving, welcoming community that is a highly desirable place to live, work, and play. Comprised of approximately 158,000 residents and about 9,000 active businesses, we take pride in the diversity that embodies the American ideals we hold dear, especially in times of uncertainty. Our values and commitment to each other offer reassurance and a reminder of the strength we have when we come together as a community. Our community can take comfort in knowing that our City leaders and staff remain dedicated to these core values:
• Valuing our individual experiences and supporting and protecting people of any race, religion, ancestry, ethnicity, ability, gender, sexual orientation, or gender identity; sex characteristics (including intersex traits), or intersex status;
• Honoring cultural and religious traditions; and
• Valuing and embracing the diverse backgrounds, race, nationalities, ancestries, and ethnicities; and
• Welcoming immigrants and refugees.
Adoption of this updated statement position would allow the Mayor and staff to advocate on this topic.
After Council adoption, the Council Policy Manual and the Statement on Our City Values and Public Service would be updated and posted on the City’s website to reflect the revised policy and statement language.
FISCAL IMPACT
There is no fiscal impact as a result of action taken by this report.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Staff makes no recommendation. Approval of the consent calendar constitutes Council approval of the four (4) policy positions and the update to the Statement on Our City Values and Public Service, as presented and outlined in this report.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Michelle Zahraie, Senior Management Analyst
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Statement on Our City Values and Public Service