REPORT TO COUNCIL
SUBJECT
Title
Discussion and Direction on Recommendations from Charter Review Committee for Potential Charter Amendments for Further Study and Ballot Measure Consideration
Report
BACKGROUND
The Sunnyvale City Charter (Charter) governs how the City operates and provides services to the community. Sunnyvale voters approved the Charter in 1950 to increase local control over municipal affairs. Amendments to the Charter require approval by a majority of Sunnyvale voters. The Charter has been amended many times since it was adopted. Voters approved the most recent Charter amendment in 2020, changing the City’s electoral system to a district-based system with one city council member elected from each of six districts and a directly elected mayor.
On November 28, 2023, a colleagues’ memo was added to the Council agenda to “request that a meeting be agendized to empanel a Charter Review [Committee] (CRC) to conduct a full review of the Sunnyvale City Charter, with the goal of placing proposed amendments on the November 2024 ballot.” Council directed staff to bring the item back for discussion. The colleagues’ memo outlined nine potential Charter amendments for a committee to consider and indicated a desire that the Committee have the ability “to review all provisions in the Charter and to freely propose amendments.”
On January 30, 2024 (RTC No. 24-0272), Council directed staff to, among other short-term actions, return to Council in the fourth quarter of 2024 with options for a more thorough charter review process similar to the one undertaken in 2007, allowing for more opportunities for public participation and adequate time to prepare several potential changes for voter consideration in November 2026.
On June 4, 2024, the City Council created an 11-member Charter Review Committee (CRC) to consider amendments proposed by the Council as well as additional amendments proposed by the CRC and City staff. After a recruitment and interview process, Council appointed the committee on December 3, 2024, with members being sworn in on December 10, 2024.
The CRC met five times, beginning on February 6, 2025. The CRC reviewed each section of the Charter over two meetings to identify possible amendments. Public engagement was an important part of the process, with community members providing input at each meeting. At the May 1, 2025, CRC meeting, the CRC considered and prioritized potential amendments from three sources (Attachment 1): Council-directed issues (Category A), staff-suggested items (Category B), and new issues raised by CRC members during review and through public input (Category C).
Attachment 2 is a status update from the CRC for City Council consideration. The CRC prioritized potential amendments for further study and is asking for Council feedback.
EXISTING POLICY
Council Policy 7.2.19 Boards and Commissions
Administrative Policy, Chapter 1, General Management, Article 15 Boards and Commission
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 CRC Chair outlined the CRC’s work to date in the Chair’s memo to Council (Attachment 2), and staff is providing additional context in this report to support Council’s discussion and decision-making. The CRC would like confirmation that the Council agrees with the issues the CRC has prioritized for further study, or alternatively, direction from the Council on potential amendments it would like the CRC to focus on and study further.
On June 4, 2024, when the City Council established the CRC, it also approved a tentative project timeline for the CRC’s work, anticipating placing one or more Charter measures on the November 2026 general election ballot:
|
Phase |
Dates |
|
1: Community Education Regarding the Charter Review Committee |
June - Oct. 2024 |
|
2: Committee Member Selection and On-boarding |
Nov. - Dec. 2024 |
|
3: Charter Review and Amendment Ideas* |
Jan. - May 2025 |
|
4: Charter Ballot Language Drafting and Refinement |
June - Dec. 2025 |
|
5: Council Approval of Ballot Language |
Jan. - April 2026 |
|
6: Voter Education |
May - Aug. 2026 |
Because Council appointments to the CRC were finalized in December 2024, the CRC began meeting in February 2025-resulting in a compressed timeline for Charter Review. Council’s direction at this stage is still critical to allow the CRC to focus their efforts on the highest priority potential ballot items, return to Council for decision making, and perform voter education in advance of the election.
As noted in the Chair’s memo, the CRC is working under a tight timeline to develop recommendations, secure legal review, and conduct meaningful public engagement. Each potential amendment requires thorough research and analysis to ensure it effectively addresses the identified issue. Also, placing a Charter amendment on the ballot is estimated to cost about $180,000 per measure, which highlights the need to study potential amendments that prioritize issues that will have broad impacts and clear community benefits.
The CRC is proposing to focus on four or five high-priority amendments for deeper study and legal vetting. Some administrative or language-related updates may be consolidated into a single measure where appropriate; however, the CRC has noted that care should be taken to ensure voters can evaluate each substantive issue on its own merits. As demonstrated in the November 2024 election, one ballot measure that combined three items was not supported by voters.
Staff recommends that Council focus its guidance on potential amendments that address well-defined operational challenges or community priorities, rather than amendments that may have limited impact. While the CRC will lead much of the research and analysis, City staff will also play a critical role in supporting the CRC’s work. Staff support may include providing data, legal and policy guidance, and logistical coordination. Staff will also need to be fully engaged in planning and executing the public engagement process to ensure the community is well-informed and has opportunities to provide input.
Additionally, clear and accessible voter education will be essential. Too many amendments on a single ballot can overwhelm or confuse votes, which may reduce engagement and lower support across the board. While the current budget can support the development and placement of about five-to-seven Charter amendments, trends in other cities suggest that placing more than six ballot initiatives on a single ballot may lead to voter fatigue. For these reasons, staff recommends a focused and strategic approach that aligns with available resources and supports clarity for voters. In addition, staff recommends conducting polling on the potential ballot measures recommended for additional study. If polling results do not demonstrate a high likelihood of passage, Council may not choose to expend funds on placing those measures on the ballot.
High-Priority Amendments
The CRC identified four high-priority Charter amendments. Staff supports further evaluation of all four, as outlined below. However, given that one of the four was grouped with other items and placed on the ballot in November 2024 and did not pass, staff would only recommend moving this item forward if polling were done in advance of placing on another ballot.
• The CRC’s top-rated item is a staff-proposed amendment to City Charter Section 1309 - Alternative Project Delivery Methods for Public Works. This amendment would modernize the City’s contracting methods for large public works projects. Alternative project delivery methods, such as design-build, can foster better collaboration between design and construction teams, potentially lowering costs, reducing risks, and minimizing change orders.
• City Charter Section 605 - City Council Salaries and Compensation: Preliminary CRC research indicated that Councilmembers may be undercompensated. Exploring whether higher compensation could improve representation and encourage more community members to consider running for City Council is worth further analysis.
• City Charter Section 609 - Redistricting Commission Rules: The current Charter language related to redistricting was approved in 2020, when the City transitioned to district-based elections, and is further implemented by ordinance. The CRC is recommending further study of whether the Charter should contain a revised redistricting framework before the 2030 redistricting cycle.
• General Charter Language - Removal of Gender-Specific Terms: While this change would not impact City operations directly, it has been discussed extensively by both the Council and CRC. It’s worth noting that the City’s current style guidelines-and modern writing standards in general-already use gender-neutral language. As a result, updating the Charter in this way would have minimal impact on City operations. The key question is whether Council wants to make this a permanent change in the Charter. This item was one of the three items grouped into a ballot measure that Council placed on the November 2024 ballot, which was not supported by voters. If Council advances this item for further analysis, staff would recommend polling on this and other potential ballot measures to ensure viability prior to a final Council decision to place on a ballot.
Mid-Priority Amendments
Staff also encourages Council to take a closer look at one of the items that the CRC ranked as mid-priority items, as it could have meaningful operational impacts.
• City Manager Settlement Authority: The existing authority limit of $50,000 set by state law is increasingly outdated. As litigation and settlement costs rise, this limitation may result in more frequent closed sessions and additional Council actions to approve routine settlements. Increasing this threshold could streamline operations and reduce administrative burden. Under state law, a charter amendment is required to empower the City Council to delegate settlement authority over $50,000 to the City Manager.
From an operational perspective, staff recommends at least the inclusion of the Alternative Project Delivery Methods for Public Works and the City Manager Settlement Authority. These have the highest level of impact in terms of potential cost and efficiency savings as noted in the discussion above.
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. Direct the Charter Review Committee to only focus on the three High Priority and one Mid-Priority Potential Charter Amendment that would have the most significant operational or policy impact for Further Study and Public Engagement:
a) City Charter Section 1309-Alternative project delivery methods for public works
b) City Charter Section 605-City Council salaries and compensation
c) City Charter Section 609-Redistricting commission rules
d) City Charter Article 8-City Manager Settlement Authority
2. Other Council direction.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Direct the Charter Review Committee to only focus on the three High Priority and one Mid-Priority Potential Charter Amendment that would have the most significant operational or policy impact for further study and public engagement:
a) City Charter Section 1309-Alternative project delivery methods for public works
b) City Charter Section 605-City Council salaries and compensation
c) City Charter Section 609-Redistricting commission rules
d) City Charter Article 8-City Manager Settlement Authority
JUSTIFICATION FOR RECOMMENDATION
Given the significant cost of placing a Charter amendment on the ballot, staff recommends that Council prioritize items with broad policy or operational impact. To ensure sufficient analysis, public engagement, ballot measure drafting time, and voter education; and to avoid voter fatigue with excessive ballot measures, staff recommends focusing the CRC’s efforts on the five potential amendments identified. Providing guidance at this stage will help ensure the CRC’s efforts align with Council priorities and focus on Charter amendments most likely to warrant voter consideration.
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, Deputy City Manager
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. CRC Chair Report
2. May 1, 2025, Charter Review Committee Subcommittee Reports and Prioritization