REPORT TO COUNCIL
SUBJECT
Title
Consider and Approve Changes to the Council Policy Manual: (1) Amend Council Policies 1.1.10 Use of the Public Sidewalk on the 100 Block of South Murphy Avenue, 4.0 Long-Term Advocacy Positions - Public Safety, and 7.3.19 Council Meetings; (2) Rescind Council Policies 4.1.1, 4.1.2, 4.2.1, 4.3.1, 4.4.1, and 7.3.15; and (3) Adopt a Resolution Changing the Regular Council Meeting Time to 6 p.m.
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 policy's original intent, such as clarifying Council’s intent or memorializing existing practice, the City Manager typically approves those changes, shares them with Council, and processes them 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.
In late 2025, staff began a focused effort on updating many outdated Council Policies. 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). This policy review aims to ensure all Council policies are updated, relevant, and necessary, eliminating duplication with federal or state law, the City Charter or Municipal Code, or other superseding requirements.
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 recommend updates for consideration by the full Council.
Since project inception, staff and Council have reviewed and updated or rescinded 60 policies. If the recommendations outlined in this report are approved, the Council Policy Manual will contain 98 active policies, reflecting both the addition of new policies and the rescission of policies previously approved by Council. This report reflects the most recent of several sets of policy recommendations advanced since project inception in late 2025 (RTC 25-0569 (10/21/2025); RTC 25-1114 (12/10/2025); RTC 26-0098 (2/10/2026); RTC 26-0259 (3/10/2026); RTC 26-0421 (4/7/2026); RTC 26-0156 (4/7/2026); RTC 26-0431 (4/21/2026); RTC 26-0448 (4/21/2026); RTC 26-0628 (8/11/2026); RTC 26-0724 (9/15/2026). The Ad Hoc Advisory Committee reviewed the changes outlined in this report and its input is incorporated.
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 August 31, 2026, and reviewed proposed amendments to two Council policies and the recommended deletion of seven existing policies. During staff review, staff identified that one of the seven policies recommended for rescission, Council Policy 1.1.15, Residential Transportation Demand Management, was previously rescinded in 2016. That policy will be removed from the Council Policy Manual given prior Council direction, and the other six policies are recommended to be rescinded at this time.
Following the Committee meeting, staff made further amendments to Council Policy 4.0, Legislative and Advocacy Positions - Public Safety, to incorporate language from the existing Suicide Prevention policy in response to prior Council feedback. As a result, staff is advancing recommendations for nine policies for full 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 a summary of the proposed changes.
Proposed Amendments
As part of the ongoing review of the Council Policy Manual, staff recommends amendments to three existing policies. These updates modernize language, eliminate outdated references, and improve clarity and consistency while aligning with the City’s commitment to inclusivity.
• Policy 1.1.10 Use of the Public Sidewalk on the 100 Block of South Murphy Avenue
o Proposed Change: Council Policy 1.1.10 governs the use of the public street and sidewalk on the 100 Block of Historic South Murphy Avenue. The policy was last substantively updated in connection with the establishment of the Pedestrian Mall pursuant to Ordinance No. 3214-23, adopted in 2023. The proposed amendments reflect operational updates since the Pedestrian Mall's completion, including changes to the permitting framework and standards for outdoor dining, signage, and street furniture.
o Implementation: Implementation of these proposed changes will require a corresponding update to the City’s fee schedule. Staff is continuing to prepare the necessary supporting materials for the fee schedule amendment. Staff will return to Council with the proposed fee schedule amendment at an upcoming Council meeting.
• Policy 4.0 Long-Term Advocacy Positions - Public Safety
o Proposed Change: Updated language to broaden the City’s existing advocacy related to mental health crisis response to include comprehensive suicide prevention, and to add advocacy related to rail safety, including grade separation and other measures to reduce collisions and fatalities.
• Policy 7.3.19 Council Meetings
o Proposed Change: Amended policy language to align with current Council meeting practices and meeting-minute standards. Changes include moving the regular meeting start time to 6 p.m.; incorporating study sessions into regular meetings; and other updates to align with current practices.
o Implementation: Historically, the City has adopted a resolution to document when changing the start time of Council meetings. The attached draft resolution will change the meeting start time to 6:00 p.m. effective January 2027, allowing sufficient time for public messaging.
Proposed Deletions
Staff also recommends deletion of six existing Council policies to reduce duplication and avoid potential conflicts with state and federal law or more comprehensive City policy frameworks (Attachment 8).
• Policy 4.1.1 Law Enforcement - Goals and Policies
o Rationale: Policy language was transferred from the previous General Plan during the 2011 Consolidated General Plan Update and has since been incorporated into General Plan Chapter 6 (Safety and Noise). The General Plan expressly carries forward the policy's law enforcement goals through Goal SN-3 (Safe and Secure City), and Goal SN-4 (Public Confidence in Police Services). To reduce redundancy with the General Plan, staff recommends deletion as a standalone Council Policy.
• Policy 4.1.2 Asset Forfeiture
o Rationale: Policy largely restates requirements of the federal asset forfeiture and equitable sharing framework. The policy establishes guidelines for expending funds received through the federal equitable sharing process established under the Comprehensive Crime Control Act of 1984. Federal law and current U.S. Department of Justice Equitable Sharing Program requirements independently govern the receipt, reporting, accounting, and permissible use of these funds, regardless of this policy. In addition, the policy provides that appropriations are subject to the City's annual budget process.
• Policy 4.2.1 Fire Services - Goals and Policies
o Rationale: Policy language was transferred from the previous General Plan during the 2011 Consolidated General Plan Update and has since been incorporated into General Plan Chapter 6 (Safety and Noise). The General Plan expressly carries forward the policy's fire service goals through Goal SN-5 (Effective Fire Service Response System and Goal SN-6 (Effective Emergency Response Capability). To reduce redundancy with the General Plan, staff recommends deletion as a standalone Council Policy.
• Policy 4.3.1 Support Services - Goals and Policies
o Rationale: Policy language was transferred from the previous General Plan during the 2011 Consolidated General Plan Update. The policy's emergency communications goal (Goal 4.3D) has since been incorporated into General Plan Chapter 6 (Safety and Noise) as Goal SN-7 (Effective Emergency Communication Services), which addresses the DPS Dispatch Center's role as the City's public safety answering point. The policy's remaining goals address internal DPS operational and administrative functions, which are managed through departmental operations and the annual budget process. To reduce redundancy with the General Plan, staff recommends deletion as a standalone Council Policy.
• Policy 4.4.1 Suicide Prevention
o Rationale: Policy 4.4.1 was adopted in August 2018 to promote suicide prevention, intervention, and aftercare strategies. The policy directs the City to advance the strategies and best practices of Santa Clara County Behavioral Health Services and other behavioral health organizations, while related City activities, including DPS crisis intervention training, referrals, and community outreach, are already carried out through existing departmental operations. The policy does not establish a dedicated funding mechanism, and related legislative advocacy is addressed through the City’s Long-Term Advocacy Positions, including support for the 9-8-8 crisis response system. As such, staff recommends deleting this policy as a standalone Council Policy and adding language to Policy 4.0 Long-Term Advocacy Positions - Public Safety on this topic.
• Policy 7.3.15 Appointment of Interim Councilmembers
o Rationale: The policy largely restates requirements already governed by California Military and Veterans Code (MVC) section 395.8 and Sunnyvale Municipal Code section 2.30.030, which establishes the City’s public appointment process. As such, staff recommends deletion of the policy as duplicative of existing state and local law. Staff also established an administrative policy to maintain procedures for any future interim appointment under the MVC section or other applicable circumstances.
FISCAL IMPACT
There is no fiscal impact associated with this report or with the recommended policy revisions.
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
Take the following actions:
1. Approve the following changes to the Council Policy Manual:
a. Amendments to Council Policy 1.1.10 Use of the Public Sidewalk on the 100 Block of South Murphy Avenue as outlined in Attachment 3 to the report;
b. Amendments to Council Policy 4.0 Long-Term Advocacy Positions - Public Safety as outlined in Attachment 5 to the report;
c. Amendments to Council Policy 7.3.19 Council Meetings as outlined in Attachment 7 to the report;
d. Deletion of Council Policy 4.1.1 Law Enforcement - Goals and Policies as outlined in Attachment 8 to the report;
e. Deletion of Council Policy 4.1.2 Asset Forfeiture as outlined in Attachment 8 to the report;
f. Deletion of Council Policy 4.2.1 Fire Services - Goals and Policies as outlined in Attachment 8 to the report;
g. Deletion of Council Policy 4.3.1 Support Services - Goals and Policies as outlined in Attachment 8 to the report;
h. Deletion of Council Policy 4.4.1 Suicide Prevention as outlined in Attachment 8 to the report;
i. Deletion of Council Policy 7.3.15 Appointment of Interim Councilmembers as outlined in Attachment 8 to the report; and
2. Adopt a resolution to change the regular City Council meeting time to 6:00 p.m., effective January 1, 2027, to implement the amendments in recommendation 1(c).
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: Dae Bui; Management Fellow
Reviewed by: Dan Pistor, Director of Public Safety
Reviewed by: Trudi Ryan, Director of Community Development
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Council Policy Amendment Table
2. 1.1.10 Use of the Public Sidewalk on the 100 Block of South Murphy Avenue (Clean Draft)
3. 1.1.10 Use of the Public Sidewalk on the 100 Block of South Murphy Avenue (Redline Draft)
4. 4.0 Long-Term Advocacy Positions - Public Safety (Clean Draft)
5. 4.0 Long-Term Advocacy Positions - Public Safety (Redline Draft)
6. 7.3.19 Council Meetings (Clean Draft)
7. 7.3.19 Council Meetings (Redline Draft)
8. Proposed Deleted Council Policies (Redline)
9. Resolution to Change the Regular Council Meeting Time to 6 p.m.