REPORT TO CHARTER REVIEW COMMITTEE
SUBJECT
Title
Discussion and Prioritization of Issues to Study for Potential Amendments to the Sunnyvale City Charter
Report
BACKGROUND
The Charter Review Committee (“CRC”) held its first meeting on February 6, 2025, and spent the following two meetings reviewing each section of the City Charter. The next milestone for the CRC is a meeting with the City Council on June 3, 2025. The CRC should provide a list to the Council of potential Charter amendments the CRC is recommending for further study and recommendation.
To help guide the CRC’s development of that list, Staff developed the summary below. The summary contains three categories: (1) issues the Council requested the CRC study, (2) issues suggested by City staff, and (3) issues identified by the CRC in its comprehensive review of the Charter at the last two CRC meetings. A “comments” section for each item summarizes CRC discussion on the item and includes additional staff comments and information. A resource list with links to background information and relevant City resources is also attached to this report, organized by topic to correspond to the list.
To help narrow the issues that the CRC will recommend to the Council for further study, the CRC might consider using informal polls and the following approach in its discussion:
(1) Decide whether to drop any items on the list below, and
(2) Label remaining items as high, medium, or low priority and provide rationale for the priority label.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal and administrative activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
DISCUSSION
A. Council-Directed Issues
1. Section 601(City Council Term and Election): Study whether to adopt an alternative voting system, such as ranked-choice or approval voting, or retain the existing first-past-the-post system for districts and mayoral elections.
Comments: The Council requested that the CRC study this item, and many CRC members expressed interest in studying ranked choice voting. The CRC should consider whether to recommend limiting study on this issue to ranked choice voting or include other alternative voting systems.
2. Section 605 (Compensation): Study City Council salaries and compensation.
Comments: The Council requested that the CRC study this item and CRC discussion did not indicate any objection.
3. Section 606 (Vacancies): Study whether the current rule providing that councilmembers appointed to fill a vacancy serve until the next general municipal or consolidated statewide election should be changed to the next feasible November general election.
Comments: The Council requested that the CRC study this item and CRC discussion did not indicate any objection. A link to the Report from the 2017 Charter Review Commission on Vacancies is in the resource list.
4. Section 607 (Presiding Officer. Mayor): Study the role of Mayor, including whether the position should be full time.
Comments: The Council requested that the CRC study this item. CRC discussion indicated interest in studying whether mayor is/should be a full-time role, considering the City’s size and regional importance.
5. Section 609 (Redistricting): Study establishing rules for empaneling redistricting commissions.
Comments: The current Charter provides that the Council shall adopt an ordinance establishing a public process for redistricting. The ordinance is codified in Sunnyvale Municipal Code (SMC) Chapter 2.31. CRC comment indicated interest in studying whether the requirements for redistricting commissions should be changed and/or moved into the Charter. Links to the SMC and the City’s website for the redistricting process following the 2020 census are on the resource list.
6. Section 611 (Regular Meetings): Consider changing the Charter provision that requires two council meetings per month to instead require at least 24 meetings per year.
Comments: This issue was on the November 2024 ballot in a combined question with gender-neutral language and removing voter registration requirements for board and commission members. The measure failed. CRC indicated interest in studying this issue, and staff also continues to support this change, which would provide greater scheduling flexibility while maintaining the same minimum number of meetings per year. Ballot information is available in the resources list.
7. Article X (Appointive Boards and Commissions): Study removing citizenship/voter eligibility requirements for Charter board and commission members.
Comments: This issue was on the November 2024 ballot in a combined question with gender-neutral language and council meeting scheduling. The measure failed. CRC expressed interest in studying several issues related to boards and commissions, including this one. Ballot information is available in the resources list.
8. General Issue (throughout Charter): Update language to be gender neutral, e.g. using "they" instead of "he/she."
Comments: This issue was on the November 2024 ballot in a combined question with council meeting scheduling and removing voter registration requirements for board and commission members. The measure failed. CRC indicated interest in studying this issue. Ballot information is available in the resources list.
B. Issues Recommended by Sunnyvale City Staff and City Manager (New for April 3, 2025 meeting)
Staff members submitted suggestions for potential Charter Amendments and staff recommends that the CRC consider the following proposals:
1. Section 1309 (Contracts on Public Works): Study amending the Charter to allow other project delivery methods besides design-bid-build (lowest responsible bidder after notice of publications for bids).
Comments: Federal and State laws have been amended to allow alternative project delivery methods for large complex capital improvement projects since section 1309 was adopted. Several CRC members expressed strong interest in this issue. Staff recommended studying this issue because advantages of alternative project deliveries could include better partnerships between design and construction, potentially lower construction costs, reduced risks, fewer change orders. Public Works and the City Manager identified this as a high priority item with many potential operational benefits and efficiencies. The existing requirements for bidding Public Works construction projects are detailed in SMC Chapter 2.09 (Public Works Contracting).
2. Section 802 (City Manager Powers and Duties): Study adding a provision to City Manager’s powers and duties to permit settlement of claims against the city in an amount greater than $50,000.
Comments: The City Manager currently has the authority to settle claims up to $50,000. Settlements higher than $50,000 must be approved by the City Council. Government Code section 935.4 requires settlement authority greater than $50,000 to be in a charter: “…only a charter provision may authorize that employee to allow, compromise, or settle a claim against the local public entity if the amount to be paid pursuant to the allowance, compromise or settlement exceeds fifty thousand dollars ($50,000).” Settlement authority in some amount greater than $50,000 would provide administrative efficiencies. SMC section 2.04.030 (Claims Against City) currently reflects the $50,000 limit, which cannot be changed unless a charter provision authorizing a higher amount is approved.
3. Staff may present additional items at the April 24 CRC meeting.
C. Additional Issues Discussed by CRC at March Meetings
1. New Issues: CRC discussed studying potential new provisions including (a) a diversity statement, (b) native land acknowledgment, and (c) emergency provisions.
Comments: The first two issues align more with policy choices that are typically addressed in City Council Policies. Emergency operations are governed by state and federal requirements including the California Emergency Services Act. City policies and practices generally must align with such requirements for the City to remain eligible for reimbursement and other types of assistance, and the City maintains ample existing planning and guidance for emergency operations, including but not limited to the Emergency Operations Plan, and SMC Chapter 2.16 (Emergency Organization and Functions). The City may need to be nimble in addressing emergencies and locating such information in the Charter could provide the City with less flexibility.
2. Section 603 (City Council Qualifications): Study whether the thirty-day residency requirement for city council candidates is appropriate.
Comments: Some CRC members expressed interest in studying changing the requirement that city council candidates must be registered voters in their district for the thirty-day period immediately preceding filing of their nominating papers.
3. Section 708 (Publishing of Legal Notices): Study whether existing Charter provisions provide effective public noticing.
Comments: The existing provisions in section 708 recognize the City’s obligation to comply with state requirements relating to public notice and provide flexibility to consider other factors for public noticing on a case-by-case basis. Amending the Charter to provide additional notice requirements may not be a priority considering that existing administrative policies address community engagement goals and priorities in more depth, including Council Policy 7.2.1 (Community Engagement), 7.2.2 (Public Posting of Notices at City Facilities), and 7.3.8 (Posting of Agendas), as well as a variety of other issue-specific policies that contain requirements for public hearings and similar methods of seeking public input before making decisions.
4. Article X (Appointive Boards and Commissions): Study potential changes to Charter boards and commission structure, including:
(a) What commissions should/should not be in the Charter (currently 5 of 10 are listed in the Charter)?
(b) Add alternate or advisory members?
(c) Revise term limits for board and commission members?
(d) Change the number of members on each Charter board/commission
(e) Address process for sitting board/ commission members to apply for another board/commission when they are currently on one or term is expiring.
Comments: City Council Policy 7.2.19 (Boards and Commissions) contains existing requirements for all boards and commissions and descriptions of scope and authority for non-Charter boards and commissions.
5. Section 1100 (Merit Principle): Consider modernizing competitive examination language to better reflect current considerations for examining applicants for employment.
Comments: Section 1105 requires the City Manager to prepare and recommend to the Personnel Board rules and regulations to implement Charter Article XI. The Human Resources Department administers the Civil Service Rules, which contain additional details about the merit process, and periodically recommends necessary or appropriate updates. Maintaining these processes in the Civil Service Rules rather than the Charter gives the City more flexibility to update processes and rules to respond to operational needs.
6. Section 1104 (Pay Plan): Consider language cleanup to reflect that City publishes a pay schedule for all positions, not just classified.
Comments: While this change would align the Charter with existing practice, it may not be a priority item as state law requires the City to publish a publicly available pay schedule for all positions (Cal. Gov’t. Code §§ 20636, 20636.1; 2 Cal. Code Regs. § 570.5).
7. Article XII (Retirement): Correct outdated reference to “State Employees Retirement Act” without “as amended” language.
Comments: This would be a cleanup issue and is not necessary for the City’s continued participation in this retirement program. The State Employees Retirement Law began allowing local public agencies to participate in or around 1939. It is well established that the name was changed from “State Employees Retirement Act” to “California Public Employees Retirement Act” in the 1990s to avoid confusion with other state retirement programs. The law has been amended many times since the City began participating in the program and the reference to the former name of the system has not been an issue.
8. Section 1302 (Budget. Submission to City Council.): Study Sunnyvale’s unique 20-year budget and whether it continues to be a useful tool.
Comments: Committee members discussed that budgeting 10-20 years out is longer than economic cycles and hard to predict with any accuracy, but that a long-term budget may also have benefits of maintaining visibility for future projects and providing a better view of one-time versus recurring expenditures. Staff noted that budgets are revisited every 2 years so the City is doing short and long-term budgeting.
9. Sections 1313 and 1315 (Petty Cash Funds; Registering Warrants): Study whether these provisions are needed in the charter.
Comments: Provisions related to petty cash and warrants are common in charters or municipal codes and would likely be relocated to the SMC if removed from the Charter, so this may not be a priority item.
10. Section 1318 (Independent Audit): Study whether more detailed audit requirements should be added.
Comments: Committee members were interested in more information on audits and whether the City conducts forensic audits to find fraud. The City has an external auditor that completes annual audits based on Government Audit Standards. More detail is linked on the Resource List.
11. Section 1320 (Revenue Bonds): Study whether language could be clearer and more detailed.
Comments: Staff has not identified any issues with the existing language in this section and finds that the reference to general laws of the state of California makes it easy to determine the rules and authority in this area. However, matters related to municipal finance are “municipal affairs” that may be addressed in city charters.
12. Section 1405 (Campaign Disclosure): Study whether this section should be updated, relevant law included, and whether having it in the Charter adds value or should simply reference general laws related to campaign disclosure.
Comments: Links to the City Clerk and state campaign pages are included in the resource list. Staff could not recall any issues with the Charter language but there have been many changes to the general law related to campaign filing and disclosure since this section was first adopted.
13. Article XVI (Franchises): Study potential revisions to franchise authority.
Comments: Some CRC members expressed interest in revisions to the franchise provisions in the Charter to preserve more flexibility for Sunnyvale. Historically, the City has adopted ordinances addressing details of granting specific types of franchises, pursuant to the authority set forth in the Charter. The SMC provisions for certain types of franchises are linked in the resource list.
PUBLIC CONTACT
Public contact was made by posting the meeting agenda on the City's official-notice bulletin board at City Hall. 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
This item is for discussion; staff makes no recommendation.
Staff
Reviewed and Approved by: Melissa Tronquet, Sr. Assistant City Attorney
ATTACHMENTS
1. Resource List