City of Sunnyvale

Notice and Agenda

City Council

Tuesday, March 25, 2025

4:30 PM

Online and Council Chambers, City Hall,

456 W. Olive Ave., Sunnyvale, CA 94086

Special Meeting: Closed Session - 4:30 PM | Special Meeting: Study Session - 5:30

PM | Regular Meeting - 7 PM

Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540

Public Participation and Access

View the end of the agenda for information on:

• Public participation options

• Language access and translation

• Accessibility/Americans with Disabilities Act (ADA) Notice

• Legal notices

4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session)

Call to Order

Call to Order in the Council Chambers (Open to the Public).

Roll Call

Public Comment

The public may provide comments regarding the Closed Session item(s). To

address the Council, refer to the notice at the end of this agenda. Closed Sessions

are not open to the public.

Convene to Closed Session

Convene to Closed Session in the Council Conference Room (Closed to the

Public).

25-0262

Closed Session Held Pursuant to California Government Code

Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL-EXISTING

(PENDING) LITIGATION

(Paragraph (1) of Subdivision (d) of Section 54956.9)

Name of Case: Phillips, Andrew v. City of Sunnyvale (Workers

Compensation Appeal Board Case No. ADJ18778964,

ADJ18778979)

25-0266

25-0278

Closed Session Held Pursuant to California Government Code

Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

(Paragraph (1) of Subdivision (d) of Section 54956.9)

Name of Case: Aycock, Stephen v. City of Sunnyvale

(Workers Compensation Claim No. 61442)

Closed Session Held Pursuant to California Government Code

Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION

(Paragraph (1) of Subdivision (d) of Section 54956.

Name of Case: Locke, Ron v. City of Sunnyvale (Workers

Compensation Claim No. 623552)

Adjourn Special Meeting

5:30 P.M. SPECIAL COUNCIL MEETING (Study Session)

Call to Order

Call to Order in the Council Chambers.

Roll Call

Study Session

The public may provide comments regarding the Study Session item(s). To address

the Council, refer to the notice at the end of this agenda.

25-0026

Special Events

Adjourn Special Meeting

7 P.M. COUNCIL MEETING

Pursuant to Council Policy 7.3.19, City Council will not begin consideration of any

agenda item after 11:30 p.m. without a vote. Any item on the agenda that is

continued shall be continued to a specific date. Any changes to the agenda will be

communicated to the public.

CALL TO ORDER

Call to Order in the Council Chambers.

SALUTE TO THE FLAG

ROLL CALL

CLOSED SESSION REPORT

SPECIAL ORDER OF THE DAY

25-0448

25-0449

International Transgender Day of Visibility

Arbor Day

ORAL COMMUNICATIONS

Prior to opening public comment on Oral Communications, the Mayor may

determine it would be impractical to include remote public comment for the purpose

of timeliness of the meeting or conducting an orderly meeting.

Oral Communications is the opportunity for the public to address the City Council on

items not listed on the agenda and is limited to 15 minutes with a maximum of up to

three minutes per speaker (one appearance per speaker). Note the Brown Act does

not allow the Council to take action on an item not listed on the agenda. To address

the Council, refer to the notice at the end of this agenda.

CONSENT CALENDAR

All matters listed on the consent calendar will be acted upon by one motion unless

discussion is requested by a Councilmember or the public. To address the Council,

refer to the notice at the end of this agenda.

1.A

25-0242

Approve City Council Meeting Minutes of February 13, 2025

(Study Issues/Budget Proposals Workshop)

Recommendation:

Approve the City Council Meeting Minutes of February 13,

2025 as submitted.

1.B

25-0072

Approve City Council Meeting Minutes of February 25, 2025

Recommendation:

Approve the City Council Meeting Minutes of February 25,

2025 as submitted.

1.C

25-0321

Approve the List(s) of Claims and Bills Approved for Payment

by the City Manager

Recommendation:

Approve the list(s) of claims and bills.

1.D

25-0102

Approve the Reinstatement and First Amendment to the

Agreement Between the City and the Cupertino Union School

District Pertaining to the Use, Maintenance, and Improvement

of Certain Open Space Areas and Buildings at Multiple Sites

Within the Cupertino Union School District

Recommendation:

Approve the Reinstatement and First Amendment to the

Agreement between the City and the Cupertino Union School

District pertaining to the Use, Maintenance, and Improvement

of Certain Open Space Areas and Buildings at Multiple Sites

within the District in substantially the same form as Attachment

1 to this report.

1.E

25-0504

Adopt Ordinance No. 3239-25 to Amend Chapter 19.67

(Inclusionary Below Market Rate Ownership Housing Program)

and Chapter 19.77 (Inclusionary Below Market Rate Rental

Housing) of Title 19 (Zoning) of the Sunnyvale Municipal Code

Relating to Modified Requirements for Qualifying Retail

Preservation Projects

Recommendation:

Adopt Ordinance No. 3239-25 to Amend Chapter 19.67

(Inclusionary Below Market Rate Ownership Housing Program)

and Chapter 19.77 (Inclusionary Below Market Rate Rental

Housing) of Title 19 (Zoning) of the Sunnyvale Municipal Code

Relating to Modified Requirements for Qualifying Retail

Preservation Projects.

PUBLIC HEARINGS/GENERAL BUSINESS

To speak on a public hearing/general business item, refer to notice at the end of

this agenda. Each speaker is limited to three minutes. For land use items,

applicants are limited to 10 minutes for opening comments and five minutes for

closing comments.

25-0354

Proposed Project: Introduce an Ordinance to:

Amend Title 19 (Zoning) of the Sunnyvale Municipal Code to

Repeal and Re-adopt Chapter 19.79 (Accessory Dwelling

Units), Amend Related Definitions in Chapter 19.12

(Definitions) and Other Sections of Title 19 Pertaining to

Accessory Dwelling Unit (ADU) Regulations.

File #: PLNG-2024-0544

Environmental Review: The action is exempt pursuant to

Public Resources Code Section 21080.17 and California

Environmental Quality Act (CEQA) Guidelines Section

15061(b)(3).

Project Planner: Aastha Vashist, (408) 730-7458,

avashist@sunnyvale.ca.gov

Recommendation:

Alternative 1: Introduce the Ordinance (Attachment 2)

Amending Title 19 (Zoning) of the Sunnyvale Municipal Code

on Accessory Dwelling Units and find that this action is exempt

from the California Environmental Quality Act (CEQA) pursuant

to Public Resources Codes Sections 21080.17 and CEQA

Guidelines Section 15061(b)(3).

25-0394

Appeal of a Decision by the Planning Commission Denying a

Variance to Legalize an Existing 112-square-foot Detached

Accessory Structure in the Rear Yard of a Single-Family

Property with a Reduced 2-foot 5-inch Side Setback where 4

Feet Minimum is Required, and a Reduced 2-foot 2-inch Rear

Yard Setback where 10 Feet Minimum is Required

Location: 160 S. Pastoria Ave. (APN: 165-15-007)

File #: PLNG-2023-0642

Zoning: R-2 (Low Medium Density Residential)

Applicant / Owner: Scott McClennan (applicant) / Tracy and

Scott McClennan (owner)

Environmental Review: Class 3 Categorical Exemption relieves

this project from the California Environmental Quality Act

(CEQA) provisions.

Project Planner: Wendy Lao, 408-730-7408,

wlao@sunnyvale.ca.gov

Recommendation:

Alternative 1: Deny the appeal and uphold the Planning

Commission's decision to deny the Variance for the accessory

structure based on the Recommended Findings for Denial in

Attachment 2.

COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL

COMMITTEE ASSIGNMENTS

NON-AGENDA ITEMS AND COMMENTS

-Council

-City Manager

INFORMATION ONLY REPORTS/ITEMS

Visit http://Sunnyvale.ca.gov/TCMAC to view the Tentative Council Meeting Agenda

Calendar (TCMAC) online.

25-0265

25-0287

Tentative Council Meeting Agenda Calendar

Information/Action Items

ADJOURNMENT

Public Participation Options

In person public comment:

You may provide public comment by filling out a speaker card (optional) and giving

it to the City Clerk.

Online participation:

Members of the public may also attend online. However, the City cannot guarantee

uninterrupted access to online technology. Technical difficulties may occur from

time to time. Unless required by the Ralph M. Brown Act, the meeting will continue

even if technical difficulties prevent online participation.

The Mayor may determine it would be impractical to include remote public comment

during Oral Communications.

Online public comment:

To provide audio public comment, connect to the meeting online or by telephone.

Use the Raise Hand feature to request to speak (*9 on a telephone):

Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540

Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540

(*9 to request to speak | *6 to unmute/mute)

Watch the City Council meeting at http://youtube.com/SunnyvaleMeetings or on

television over Comcast Channel 15, AT&T Channel 99

Written public comment:

Email comments to the City Council no later than 4 hours before the meeting at

council@sunnyvale.ca.gov. You can also mail or deliver comments to:

City Clerk, 456 W. Olive Ave., Sunnyvale, CA 94086

Public review of items:

You can view reports to council on the City’s website at sunnyvale.ca.gov after 7

p.m. on Thursdays. You can also review reports in person at the City Hall reception

desk, 456 W. Olive Avenue, during normal business hours. Any other documents

distributed to members of the City Council regarding any open session item on this

agenda are available in the Council Chambers on the evening of the Council

Meeting. Otherwise, contact the Office of the City Clerk at 408-730-7483 or

cityclerk@sunnyvale.ca.gov for questions.

Planning a presentation for a City Council meeting?

Visit: http://Sunnyvale.ca.gov/PublicComments

Planning to provide materials to Council?

Please provide the City Council with 12 copies of your materials.

Language Access and Translation

To access written and audio translation during the meeting, click the link below:

Choose Language and Click Attend

Use a headset on your phone for audio or read the transcript on your device.

Spanish and Chinese, Traditional

Para acceder a la traducción escrita y en audio durante la reunión, haga

clic en el siguiente enlace:

Seleccione su idioma y haga clic en "Attend"

Use sus auriculares/audifonos para escuchar el audio o leer la

transcripción en el dispositivo.

在會議期間, 如需要書面和音頻翻譯，請點擊以下鏈接：

選擇語言並點擊參加。

在手機上使用耳機聆聽音頻，或在您的設備上閱讀文字翻譯。

Translation Link: https://bit.ly/TDDB-6886

Accessibility/Americans with Disabilities Act (ADA) Notice

Pursuant to the Americans with Disabilities Act (ADA), the City will make reasonable

arrangements to ensure accessibility to this meeting. If you need special assistance,

please contact the City at least 48 hours prior to the meeting. Reach the Office of

the City Clerk at 408-730-7483 or cityclerk@sunnyvale.ca.gov (28 CFR 35.160 (b)

(1)).

LEGAL NOTICES

PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on

any public hearing item listed in this agenda, the issues in the lawsuit may be

limited to the issues which were raised at the public hearing or presented in writing

to the Office of the City Clerk at or before the public hearing.

PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6

imposes a 90 day deadline for the filing of any lawsuit challenging final action on an

agenda item which is subject to Code of Civil Procedure 1094.5.