REPORT TO COUNCIL
SUBJECT
Title
Receive Polling Results and Provide Direction on Which Charter Amendments to Place on the November 2026 Ballot
Report
BACKGROUND
On November 28, 2023, a colleagues’ memo was added to the Council agenda to “request that a meeting be agendized to empanel a Charter Review [Committee] (CRC) to conduct a full review of the Sunnyvale City Charter, with the goal of placing proposed amendments on the November 2024 ballot.” Council directed staff to bring the item back for discussion. The colleagues’ memo outlined nine potential Charter amendments for a committee to consider and indicated a desire that the CRC have the ability “to review all provisions in the Charter and to freely propose amendments.”
On June 4, 2024, the City Council created a CRC to consider amendments proposed by the Council as well as additional amendments proposed by the CRC and City staff. After a recruitment and interview process, Council appointed the committee on December 3, 2024, with members being sworn in on December 10, 2024.
On June 3, 2025, City Council held a joint meeting with the CRC (RTC No. 25-0212). At that meeting, Council reviewed the CRC’s list of potential amendments to the City Charter and directed the CRC to study the following five items:
1. Charter Section 605 (Compensation): Increase salaries and compensation for Councilmembers and the Mayor, without changing the Mayor’s role.
2. Charter Section 606 (Vacancies): Change the current rule so that Councilmembers appointed to fill a vacancy serve until the next feasible November general election.
3. Charter Section 611 (Regular Meetings): Change the requirement from two meetings per month to at least 24 meetings per year.
4. Charter Article 8 (City Manager): Allow the City Manager to settle claims over $50,000.
5. Charter Section 1309 (Public Works Contracts): Allow other project delivery methods besides design-bid-build.
The CRC studied each item and developed proposed amendments for Council consideration.
On February 3, 2026, after public input, a community survey, and its analysis, the CRC presented its report (RTC No. 26-0254), which made five recommendations, including four potential charter amendments:
1. Compensation: Increase monthly salaries to $6,000 for Councilmembers and $9,000 for the Mayor, with annual CPI adjustments. The CRC also recommended polling before placing this measure on the ballot.
2. Filling City Council Vacancies: Require that appointed Councilmembers serve only until the next November general municipal election (even-numbered years), instead of the next statewide election that could be consolidated.
3. City Council Meeting Frequency: No change.
4. City Manager Settlement Authority: Allow the City Manager to settle claims above $50,000, with the limit set by ordinance. The CRC suggested setting the limit at $150,000 if approved by voters.
5. Public Works Contracts: Allow the City to use project delivery methods permitted under state law, such as design-build, for public works construction projects, instead of requiring design-bid-build.
The City Council took the following actions:
1. Accepted the CRC Final Report and released the CRC members.
2. Prioritized four amendments:
1. Public Works Contracting
2. City Manager Authority to Settle Claims
3. Council Vacancies
4. Council and Mayor Compensation
3. Directed staff to conduct polling and return in May 2026.
The Council also directed that:
• Polling for the City Council compensation issue reflect the CRC’s proposed salary levels of $6,000 and $9,000 and some variation of those amounts.
• Polling for the City Manager settlement authority issue test up to $250,000 (consistent with contract authority), and other amounts.
EXISTING POLICY
Elections Code Article 3 (City or City and County Charters)
Charter of the City of Sunnyvale
ENVIRONMENTAL REVIEW
This action is exempt from review under the California Environmental Act (CEQA) in that it involves fiscal and administrative activities that will not result in direct or indirect changes to the environment, and which do not commit the City to any specific project that may result in a potentially significant impact on the environment. (CEQA Guidelines, Section 15378(b)(4) and (b)(5).)
DISCUSSION
Staff hired Fairbank, Maslin, Maullin, Metz & Associates (FM3) to conduct a professional poll of likely Sunnyvale voters for the November 2026 election. FM3 has extensive experience conducting polls in Sunnyvale and the region and is familiar with local conditions and voter behavior.
The poll tested four potential Charter amendments:
• Public Works Contracting
• City Manager Authority to Settle Claims
• Council Vacancies
• Council and Mayor Compensation
As with past polls, this one also measured general opinions about the City. The full results are provided in Attachment 1.
The results generally found that:
• Most respondents believe the City is headed in the right direction (59%)
• Two-thirds (66%) approve of City government performance; 63% approve of the Mayor and Council
• Top concerns include:
o Cost of housing (77%)
o Cost of living (71%)
o Homelessness (45%)
o Traffic (43%)
Overall, the data shows strong general satisfaction with City leadership, but very high concern about affordability and cost of living.
Polling Results by Potential Measure:
1. Public Works Contracting (Charter Section 1309): This measure was tested using a potential ballot question followed by a version that provided neutral background information about current City practice and the proposed change.
Potential voters were told that the City currently uses a traditional “design-bid-build” process for most public works projects. Under this method, a project is first designed, and then construction is separately bid out to the lowest responsible bidder. The proposed amendment would allow the City to use other project delivery methods permitted under state law, including design-build, where one team both designs and constructs the project.
Polling results showed:
• Initial support: 50% yes / 21% no / 29% undecided
• After information: 62% yes / 24% no / 14% undecided
Support increased after voters learned more. This suggests that informed voters view the proposal as an operational improvement that provides flexibility in project delivery and potential cost savings.
2. City Manager Authority to Settle Claims (Charter Article 8): This measure was tested using an initial question and an informed version that explained the City’s current claims process and the proposed change in authority.
Potential voters were told that:
• Currently, claims against the City over $50,000 require Council approval for settlement.
• The proposed amendment would allow the City Manager to settle claims above $50,000, with the maximum dollar amount set by Council through ordinance.
• Council would still retain authority to define and adjust the limit over time.
Polling results showed:
• Initial: 55% yes / 19% no / 27% undecided
• After information: 57% yes / 32% no / 11% undecided
When tested with a specific example:
• Allowing settlement authority up to $250,000 resulted in:
o 42% more likely to support
o 27% less likely
o 31% no impact
Support is moderate but more sensitive to how authority is described, rather than the dollar limit of the authority. Results suggest voters are generally open to the concept but want assurance that Council retains oversight and that limits are clear and controlled.
3. Council Vacancies (Charter Section 606): This measure was tested using an initial ballot question and an informed version that clarified the current appointment process and proposed change.
Voters were informed that:
• When a Council seat becomes vacant, the City Council appoints a replacement.
• Under current law, that appointee serves until the next general municipal election or consolidated statewide election, whichever comes first.
• The proposed change would require appointed Councilmembers to serve only until the next November general municipal election (even-numbered years), when voters would elect a replacement.
Polling results showed:
• Initial: 66% yes / 10% no / 24% undecided
• After information: 56% yes / 30% no / 14% undecided
Support declined after voters better understood the operational impact of the change but remained a majority.
4. Council and Mayor Compensation: This measure was tested using multiple versions, including CRC-recommended salary levels and variations, followed by informational and pro/con statements.
Voters were informed that:
• Councilmember and Mayor compensation has not been significantly updated in many years.
• The proposal would increase monthly salaries to reflect updated compensation levels, with annual adjustments tied to CPI.
Polling results showed:
o Initial: 46% yes / 39% no / 16% undecided
o After information: 48% yes / 42% no / 11% undecided
o After full pro/con framing: 46% yes / 47% no / 7% undecided
This measure did not consistently achieve majority support at any stage of testing. Even after full information and balanced arguments, results remained essentially split, indicating a highly competitive measure with no clear path to voter approval under current conditions.
Based on polling results, operational needs, and overall benefit, staff recommends that Council place the following three amendments on the November 2026 ballot:
1. Public Works Contracting
2. City Manager Authority to Settle Claims
3. Council Vacancies
If Council moves forward with the City Manager authority measure, staff recommends aligning the settlement limit with the City Manager’s existing contracting authority (currently $250,000), rather than setting a fixed amount. This ensures consistency with current practices and maintains alignments with existing policies.
If Council chooses to move forward with the compensation measure, staff requests that Council specify an amount for ballot language.
Staff requests Council direction on which measures to return with formal ballot language, estimated costs, and resolution calling the election. Staff will return in June 2026 with the required materials to meet County election deadlines and allow time for public education before the November 2026 election.
FISCAL IMPACT
The only fiscal impact for this action is the cost of the polling. There are adequate funds in project 835020-Sunnyvale Biennial Elections to cover the cost of the poll. This project is also budgeted for up to five (5) ballot measures in the November 2026 election.
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.
ALTERNATIVES
1. Receive Polling Results and direct staff to return to Council with all materials necessary to place the following measures on the November 2026 General Election Ballot:
• Public Works Contracting
• City Manager Authority to Settle Claims Aligning the City Manager Settlement Authority with Existing Purchasing Authority to Become Effective Only if the Measure is Approved by Voters
• Council Vacancies
2. Other Council Direction.
STAFF RECOMMENDATION
Recommendation
Alternative: 1. Receive Polling Results and direct staff to return to Council will all materials necessary to place the following measures on the November 2026 General Election Ballot:
• Public Works Contracting
• City Manager Authority to Settle Claims Aligning the City Manager Settlement Authority with Existing Purchasing Authority to Become Effective Only if the Measure is Approved by Voters
• Council Vacancies
JUSTIFICATION FOR RECOMMENDATION
This recommendation reflects extensive work by City staff, the Charter Review Committee, and professional public opinion research, along with multiple rounds of community input.
The polling results show that three of the four proposed Charter amendments receive clear or moderate support once voters are informed about the issues. Those three measures - increasing City Manager settlement authority, allowing alternative methods of public works contracting, and changing the city council vacancy rules to fill vacancies by election concurrent with general municipal election dates - all generally promote operational efficiencies and potential economic efficiencies.
Polling for City Council compensation measure did not show consistent majority support at any of the compensation levels polled, indicating that a measure increasing Council compensation is unlikely to pass. However, if Council chooses to move forward with a measure increasing compensation for the mayor and councilmembers, it must provide direction on the specific amounts of compensation for each office to include in the ballot measure.
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: Connie Verceles, Assistant City Manager
Reviewed by: Sarah Johnson-Riso, Assistant City Manager
Reviewed by: Melissa Tronquet, Senior Assistant City Attorney
Reviewed by: Rebecca Moon, City Attorney
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Polling Results