REPORT TO COUNCIL
SUBJECT
Title
Consider Adopting a Resolution Establishing a City Council Policy Prohibiting the Use of City Properties for Civil Immigration Enforcement Purposes and Providing Immigration Resources for City Property Owners, Businesses and Residents
Report
BACKGROUND
Sunnyvale has long benefited from the contributions of immigrants and people from diverse backgrounds who have helped shape the City’s cultural, economic, and civic life as residents, workers, students, and community leaders.
The City Council has unanimously adopted the Statement on Our City Values and Public Service (Statement), affirming Sunnyvale’s commitment to serving its diverse community with respect, equity, and inclusivity. The Statement has served as a guiding framework for addressing equity, access, and inclusion within City policies and practices.
Recent federal immigration enforcement activities in the United States, carried out by U.S. Immigration and Customs Enforcement (ICE), have raised questions for local governments regarding community trust, use of local resources, and the role of cities in relation to federal civil immigration enforcement. Additionally, some Sunnyvale community members have expressed concerns about recent immigration enforcement activities across the country and reports of potential enforcement presence at public events and within communities.
At the March 10, 2026, Council meeting, members of the City Council reviewed a Colleagues Memorandum request from Vice Mayor Richard Mehlinger, Councilmember Linda Sell and Councilmember Eileen Le, and approved agendizing consideration of a policy similar to one recently adopted by the City of Santa Clara. The Santa Clara policy prohibits the use of city-owned property for federal civil immigration enforcement and directs staff to develop signage templates for property owners, businesses, and residents to identify non-public areas where civil immigration enforcement activities may be restricted and to provide “Know Your Rights” informational materials to the public. The memo requested that Sunnyvale staff review the policy and return to the City Council by June 1 with a similar policy resolution for consideration.
This report provides a draft resolution for consideration to adopt a new City Council Policy 7.3.32, "Prohibiting Use of City Properties for Civil Immigration Enforcement Purposes and Related Policies to Provide Resources for City Property Owners, Businesses, and Residents."
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.
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 sections 15378(a) and 15378(b)(5) as it is a governmental organizational and administrative activity and 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
As directed by the City Council at the March 10 Council meeting, staff reviewed the City of Santa Clara’s recently adopted policy regarding immigration enforcement activities. The policy focuses on prohibiting the use of City-owned or City-controlled property for civil immigration enforcement activities and providing resources and guidance to property owners, businesses, and residents regarding immigration enforcement issues.
Draft Resolution to Adopt a City Council Policy 7.3.32
Using recently adopted policies by other jurisdictions as a starting point, with modifications and additions to tailor the policies for application in Sunnyvale, a draft City Council Policy 7.3.32, titled “Prohibiting Use of City Properties for Civil Immigration Enforcement Purposes and Related Policies to Provide Resources for City Property Owners, Businesses, and Residents,” was prepared and is attached for the Council’s consideration (Attachment 1).
It should be noted that items within the Implementation, and Resources for Property Owners, Businesses and Residents sections in the draft policy will require staffing/material resources and time to complete.
FISCAL IMPACT
Should the City Council adopt the draft resolution, there will be administrative costs to implement the policy and educational materials. Staff will identify any costs required that can’t be absorbed within current budgets and propose a budget modification during the budget adoption process if needed.
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. Adopt a Resolution Establishing City Council Policy 7.3.32, Prohibiting the Use of City Properties for Civil Immigration Enforcement Purposes and Related Policies to Provide Resources for City Property Owners, Businesses and Residents.
2. Adopt a Resolution Establishing City Council Policy 7.3.32, Prohibiting the Use of City Properties for Civil Immigration Enforcement Purposes and Related Policies to Provide Resources for City Property Owners, Businesses and Residents, with modifications.
3. Other direction as provided by Council.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Adopt a Resolution Establishing City Council Policy 7.3.32, Prohibiting the Use of City Properties for Civil Immigration Enforcement Purposes and Related Policies to Provide Resources for City Property Owners, Businesses and Residents.
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
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Resolution to Adopt City Council Policy 7.3.32