REPORT TO COUNCIL
SUBJECT
Title
Adoption of Three Resolutions Calling a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 3, 2026, for the Purpose of Submitting to City Voters Three Amendments to the City Charter; Requesting Consolidation with the Statewide General Election and Election Services from Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments
Report
BACKGROUND
On November 28, 2023, a colleagues’ memo was added to the Council agenda requesting creation of a Charter Review Committee (CRC) to conduct a comprehensive review of the Sunnyvale City Charter and consider proposed amendments for the November 2024 ballot. The colleagues’ memo outlined nine potential Charter amendments and expressed a desire for the CRC to have the authority to review Charter provisions and propose additional 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. Following a recruitment and interview process, Council appointed the committee on December 3, 2024, and members were 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 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), Section 1314 (Claims Against City): 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). The report included 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 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.
4. 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 on February 3, 2026:
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.
On May 19, 2026 (RTC No. 26-0380), Council received the polling results and directed 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 settlement authority with existing purchasing authority, effective only if approved by voters
• Council Vacancies
EXISTING POLICY
Elections Code Article 3 (City or City and County Charters)
Sunnyvale City Charter
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 15320,15378 and 15061(b)(3) as it is an organizational structure change and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment.
DISCUSSION
Three draft resolutions have been prepared, one for each measure. Each resolution covers the following required procedural standards:
1. The ballot question describing the proposed charter amendment, to be presented to Sunnyvale voters. The ballot questions for each proposed charter amendment are discussed in more detail below.
2. Language “calling” a general election to be held on November 3, 2026, and requesting the services of the Registrar of Voters to conduct the election. The California Elections Code requires the Council to adopt a resolution calling an election, request consolidation with the Statewide General Election, and request the Registrar of Voters to provide election services.
3. Direction to the City Attorney to prepare an impartial analysis for the measure. Elections Code Section 9280 authorizes Council to direct the City Attorney to prepare an impartial analysis of the measure.
4. Direction to the City Clerk on ballot arguments. Elections Code Section 9282(b) provides for the filing of ballot measure arguments by: City Council or any member(s) of the Council authorized by the Council, any individual voter eligible to vote on the measure, bona fide association of citizens, or any combination of voters and associations. Each resolution contains options for the Council to designate members or groups to file ballot arguments.
5. The revised Charter language that will be effective if a majority of voters approve the proposed amendment. Exhibit A to each resolution contains redlined versions of the applicable Charter section, reflecting the Charter language that will become effective if a majority of voters approve the ballot measure.
Ballot Questions
California Elections Code Section 9051 requires a ballot measure not exceed 75 words and be presented in the form “Shall the ordinance (stating the nature thereof) be adopted?” The proposed ballot questions are:
1. City Council Vacancies (Section 606)
Shall Section 606 of the City Charter be amended to provide that a person appointed to fill a vacancy on the City Council shall serve until a successor is elected at the next General Municipal Election (held in November of even-numbered years), instead of at the earliest statewide election, thereby avoiding the cost of a separate election to fill the vacancy and the possibility of two City Council elections in the same year?
2. Alternative Methods for Public Works Contracting (Section 1309)
Shall Section 1309 of the City Charter be amended to allow the City Council to adopt an ordinance giving the City more options for delivery of public works construction projects by authorizing use of any purchasing or contracting method allowed by California law to select contractors for such projects, and to make clarifying changes to the wording of Section 1309 that do not alter the meaning of the section?
3. City Manager Settlement Authority (Section 1314)
Shall Section 1314 of the City Charter be amended to authorize the City Council to adopt an ordinance establishing the maximum amount the City Manager may approve to settle legal claims against the City, instead of the current $50,000 limit established by state law and unchanged since 1989, while retaining City Council approval authority for settlements exceeding the amount set by the ordinance?
A minor change was made to the Charter language proposed by the CRC, explicitly stating that the settlement authority is delegated to the “City Manager” rather than “an authorized employee.” This change is not substantive and makes clear to readers that the City Manager is the authorized employee with settlement authority. In addition, as directed at previous meetings, staff will return in July 2026 with a draft ordinance setting the City Manager’s claims settlement authority at $250,000 (the City Manager’s current contract approval authority). The ordinance will be effective if voters approve the charter amendment.
Ballot Arguments
If the Council decides to submit an argument in favor of the ballot measure or authorize certain members to submit an argument, pursuant to Election Code Section 9287(a) that argument will be given preference over any other argument submitted in favor of the ballot measure. If the Council chooses not to submit an argument, the City Clerk will follow the priorities described in Elections Code Section 9287(a) in selecting an argument to be printed in the Sample Ballot.
Each resolution is drafted with three options for the Council’s consideration regarding the submission of the argument in favor or against the measure. The Council should choose one of the following options for each measure:
a. Authorize the City Council as a body to submit a written argument [in favor] or [against] each measure;
b. Authorizes __[#]___ member(s) of the City Council to submit a written argument [in favor] or [against] the measure: _[one or more name(s)]_. At [Name(s)] discretion, the argument may also be signed by other members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. In the event that an argument is filed against the measure [Name(s)] is also authorized to submit a rebuttal argument on behalf of the City Council, which, at [Name(s)] discretion, may also be signed by members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. Signatures on the rebuttal argument may be different from those who signed the primary argument, OR
c. Take no action with regard to authorizing the Council, or members of the Council, to submit a written argument [in favor] or [against] the measure.
The deadline for submitting arguments for and against the measures will be Tuesday, August 11, 2026, at 5:00 p.m. (Elections Code Section 9286). Rebuttal arguments may then be filed by the author(s) of the primary arguments by Tuesday, August 18, 2026 at 5:00 p.m. (Elections Code Section 9285(4)).
FISCAL IMPACT
For the November 2026 Election, the County Registrar of Voters estimates a cost of $278,987 for the first 6-page measure and $158,857 for each additional 6-page ballot measure. Project 835020 (Sunnyvale Biennial Elections) includes $2,310,163 for all items placed on the November 2026 ballot, mandated translation and legal noticing costs along with any City covered candidate statement costs in alignment with Sunnyvale Municipal Code Section 2.28.030 (in lieu petitions for cost of candidate’s statement).
Project 835020 includes funding to cover five 6-page ballot measures for the November 2026 Election; a budget amendment may be required to cover costs associated with more ballot measures or ballot measures longer than 6 pages. The costs for polling exceeded the current FY 2025/26 budget for 835020 of $30,000 by $16,250. There is sufficient funding available to cover the maximum of three ballot measures, the carryover polling costs, and the council 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. Adopt a Resolution (Attachment 1) calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 3, 2026, for the purpose of submitting to City voters a measure amending Section 606 of the City Charter related to elections to fill City Council vacancies; requesting consolidation with the Statewide General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments.
2. Adopt a Resolution (Attachment 2) calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 3, 2026, for the purpose of submitting to City voters a measure amending Section 1309 of the City Charter to allow alternative project delivery methods for public works contracting; requesting consolidation with the Statewide General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments.
3. Adopt a Resolution (Attachment 3) calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 3, 2026, for the purpose of submitting to City voters a measure amending Section 1314 of the City Charter related to City Manager settlement authority; requesting consolidation with the Statewide General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments.
4. Alternatives 1-3 with modifications.
5. Other direction provided by Council
STAFF RECOMMENDATION
Recommendation
Alternatives 1 through 3: Adopt three Resolutions calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 3, 2026, for the purpose of submitting to City voters three ordinances concerning amendments to the City Charter; requesting consolidation with the Statewide General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments.
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
Prepared by: David Carnahan, City Clerk
Prepared by: Melissa Tronquet, Senior Assistant City Attorney
Reviewed by: Rebecca Moon, City Attorney
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Resolution (City Council Vacancies)
2. Resolution (Public Works Contracting)
3. Resolution (City Manager Settlement Authority)