REPORT TO COUNCIL
SUBJECT
Title
Review, Discussion and Potential Action to Adopt Council Policy 7.3.31 Council Action on Matters Outside Its Subject Matter Jurisdiction, and Amend or Delete Selected Policies in the Council Policy Manual
Report
BACKGROUND
Staff periodically reviews Council Policies to ensure the Council Policy Manual remains current, clear, and aligned with applicable law and Council direction. When proposed edits are limited to minor clarifications that do not alter the original intent of the policy, such as clarifying Council’s intent or memorializing existing practice, those changes are typically approved by the City Manager, shared with Council, and processed without formal Council action. When proposed changes represent a substantive change in Council’s original intent or introduce new policy direction, the revisions are brought forward for formal Council consideration.
The current Council Policy review effort has been incorporated into the Strategic Framework Workplan under the Responsive Government Goal as an operational project suggested by staff (Workplan Item GO-37, Update Council Policies).
On February 3, 2026, the Mayor announced the formation of an Ad Hoc Advisory Committee on Council Policy Review and Updates, consisting of Mayor Larry Klein, Vice Mayor Richard Mehlinger, and Councilmember Charlsie Chang (RTC 26-0263). The Committee is working with staff to review the Council Policy Manual and Public Meeting Handbook and to recommend updates for consideration by the full Council.
This report reflects the first set of policy recommendations advanced following review and input from the Ad Hoc Advisory Committee.
EXISTING POLICY
Council Strategic Goal - Responsive Government
Council Policy 7.3.1, Legislative Management - Goals and Policies
• Goal 7.3B Assure that City policy is established, documented and enacted according to established procedures and legal principles.
• Policy 7.3B.2 Maintain Official records of City action and policy in a retrievable manner, according to legal convention.
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 a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The Ad Hoc Advisory Committee met on February 24, 2026, to review the proposed adoption of one (1) new policy, amendments to two (2) existing policies, and the deletion of (4) policies. Based on the Committee’s review and input, staff is advancing the recommendations below for full Council consideration.
Following the Committee meeting, staff identified a minor amendment to Council Policy 7.4.1 Provision of Staff/Administrative Support to Councilmembers to ensure consistency and eliminate conflicting language with the proposed new policy. That amendment is also included for Council consideration.
To guide Council through the proposed changes, staff has developed the Council Policy Amendment Table (Attachment 1) which shows the current policy and summary of proposed changes.
Proposed New Policy: Council Action on Matters Outside Its Subject Matter Jurisdiction
Proposed Council Policy 7.3.31 Council Action on Matters Outside Its Subject Matter Jurisdiction (Attachment 2) establishes a framework to guide Council consideration of requests to take official City positions on matters outside the City’s direct jurisdiction. The policy is intended to:
• Clarify when the Council may take official City positions (e.g., resolutions) on matters outside Sunnyvale’s jurisdiction
• Focus formal City action on issues with direct local impact
• Identify alternatives for Councilmembers to express positions when formal City action is not appropriate
Proposed Amendments
As part of the ongoing review of the Council Policy Manual, staff recommends amendments to three (3) existing policies. These updates are intended to modernize language, eliminate outdated references, and improve clarity and consistency, while aligning with the City’s commitment to inclusivity.
• Council Policy 5.1.1 Socio-Economic - Goals and Policies: Clean Version (Attachment 3) and Redline Version (Attachment 4)
o Rationale: Updates to modernize language and eliminate outdated references
• Council Policy 7.3.11 Seating Arrangements/City Council: Clean Version (Attachment 5) and Redline Version (Attachment 6)
o Rationale: Minor update to eliminate gendered language
• Council Policy 7.4.1 Provision of Staff/Administrative Support to Councilmembers: Clean Version (Attachment 7) and Redline Version (Attachment 8)
o Rationale: Update for consistency with the 2026 Code of Ethics and Conduct for Elected and Appointed Officials regarding use of City letterhead
Proposed Deletions
Staff also recommends deletion of four (4) existing Council policies to simplify the Council Policy Manual, reduce duplication and avoid potential conflicts with state law or more comprehensive City policy frameworks (Attachment 9).
• Council Policy 3.2.2 Reusable Diapers
o Rationale: Policy has been superseded by Council Policy 3.2.4 Zero Waste
• Council Policy 3.7.2 Reduction of Carbon Dioxide Emissions from City Operations
o Rationale: Policy has been superseded by the City’s comprehensive Climate Action Plan (CAP) which now serves as the primary policy framework for greenhouse gas emission reductions from City operations and community-wide sources
• Council Policy 7.3.7 Standard Conflict of Interest Code
o Rationale: Policy restates legal obligations imposed by state law. The City will continue to review and update the Code as required. The Code will remain publicly accessible through the City Clerk’s Filing Obligations webpage, and through the NetFile system.
• Council Policy 7.3.8 Postings of Agendas and Procedure for Confirming Proper Posting and Notice of Meetings
o Rationale: Policy restates requirements of the Ralph M. Brown Act; removal would simplify the Manual while maintaining full compliance through statutory requirements and established administrative procedures.
FISCAL IMPACT
There is no fiscal impact associated with 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.
ALTERNATIVES
1. Approve adoption of Council Policy 7.3.31 Council Action on Matters Outside Its Subject Matter Jurisdiction.
2. Approve amendment of Council Policy 5.1.1 Socio-Economic - Goals and Policies.
3. Approve amendment of Council Policy 7.3.11 Seating Arrangements/City Council.
4. Approve amendment of Council Policy 7.4.1 Provision of Staff/Administrative Support to Councilmembers.
5. Approve deletion of Council Policy 3.2.2 Reusable Diapers.
6. Approve deletion of Council Policy 3.7.2 Reduction of Carbon Dioxide Emissions from City Operations.
7. Approve deletion of Council Policy 7.3.7 Standard Conflict of Interest Code.
8. Approve deletion of Council Policy 7.3.8 Postings of Agendas and Procedure for Confirming Proper Posting and Notice of Meetings.
9. Other direction as provided by Council.
STAFF RECOMMENDATION
Recommendation
Alternatives 1 through 8, as noted in the 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: Beth Goodsell, Senior Management Analyst
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Council Policy Amendment Table
2. 7.3.31 Council Action on Matters Outside Its Subject Matter Jurisdiction (Proposed)
3. 5.1.1 Socio-Economic - Goals and Policies (Clean Draft)
4. 5.1.1 Socio-Economic - Goals and Policies (Redline Draft)
5. 7.3.11 Seating Arrangements-City Council (Clean Draft)
6. 7.3.11 Seating Arrangements-City Council (Redline Draft)
7. 7.4.1 Provision of Staff/Administrative Support to Councilmembers (Clean Draft)
8. 7.4.1 Provision of Staff/Administrative Support to Councilmembers (Redline Draft)
9. Proposed Deleted Council Policies (Redline)