City Council

City of Sunnyvale Meeting Minutes 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 Public Participation and Access 4:30 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Vice Mayor Sell called the meeting to order at 4:30 p.m. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Linda Sell Councilmember Alysa Cisneros Councilmember Murali Srinivasan Councilmember Charlsie Chang Councilmember Eileen Le Absent: 1 - Councilmember Richard Mehlinger Councilmember Cisneros participated remotely in the meeting under the “Just Cause” provision of California Government Code Section 54953(j)(2). Public Comment Public Comment opened at 4:32 p.m. No speakers. Public Comment closed at 4:32 p.m. Convene to Closed Session Council convened to Closed Session at 4:35 p.m. A 25-0262 Closed Session Held Pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING City of Sunnyvale Page 1 City Council Meeting Minutes March 25, 2025 (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) B 25-0266 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) C 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. Name of Case: Locke, Ron v. City of Sunnyvale (Workers Compensation Claim No. 623552) Adjourn Special Meeting Vice Mayor Sell adjourned the meeting at 5:20 p.m. 5:30 P.M. SPECIAL COUNCIL MEETING (Study Session) Call to Order Vice Mayor Sell called the meeting to order at 5:30 p.m. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Linda Sell Councilmember Alysa Cisneros Councilmember Murali Srinivasan Councilmember Charlsie Chang Councilmember Eileen Le Absent: 1 - Councilmember Richard Mehlinger Councilmember Cisneros participated remotely in the meeting under the “Just City of Sunnyvale Page 2 City Council Meeting Minutes March 25, 2025 Cause” provision of California Government Code Section 54953(j)(2). Councilmember Mehlinger arrived at 5:40 p.m. Study Session D 25-0026 Special Events Library and Recreation Services Director Michelle Perera provided the staff report and presentation. Public Comment opened at 6:50 p.m. Prakash Giri proposed Council consider additional cost saving measures and grant funding for special events. Kristina Kawczynski, Sunnyvale Downtown Association, spoke in support of the proposed changes and offered additional changes to consider. Kathryn Filley, Sunnyvale Chamber of Commerce, voiced their support of the proposed changes and offered additional changes to consider. Public Comment closed at 6:57 p.m. Adjourn Special Meeting Vice Mayor Sell adjourned the meeting at 7:12 p.m. 7 P.M. COUNCIL MEETING CALL TO ORDER Mayor Klein called the meeting to order at 7:12 p.m. SALUTE TO THE FLAG Mayor Klein led the salute to the United States flag. ROLL CALL City of Sunnyvale Page 3 City Council Meeting Minutes March 25, 2025 Present: 7 - Mayor Larry Klein Vice Mayor Linda Sell Councilmember Alysa Cisneros Councilmember Richard Mehlinger Councilmember Murali Srinivasan Councilmember Charlsie Chang Councilmember Eileen Le Councilmember Cisneros participated remotely in the meeting under the “Just Cause” provision of California Government Code Section 54953(j)(2). CLOSED SESSION REPORT Vice Mayor Sell reported that Council met in 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); nothing to report. Vice Mayor Sell reported that Council met in 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); nothing to report. Vice Mayor Sell reported that Council met in 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); nothing to report. SPECIAL ORDER OF THE DAY E 25-0448 International Transgender Day of Visibility Sera Fernando, Manager, Santa Clara County Office of LGBTQ Affairs, spoke in honor of International Transgender Day of Visibility. Mayor Klein spoke in honor of International Transgender Day of Visibility. F 25-0449 Arbor Day City of Sunnyvale Page 4 City Council Meeting Minutes March 25, 2025 Parks and Golf Superintendent Jim Stark spoke in honor of Arbor Day. Mayor Klein spoke in honor of Arbor Day. ORAL COMMUNICATIONS Councilmember Cisneros announced the upcoming Earth Day Festival, Board and Commission recruitment and the transgender flag raising. Andrea Wald communicated their support for the use of natural grass on fields rather than synthetic turf. Denise Elbert voiced their support for natural grass fields and using the organic regenerative management method. Theresa Frank spoke in support for using the organic regenerative management method on natural grass fields. Kristel Wickham proposed Sunnyvale test using the organic regenerative management method on a select number of grass fields. Cortney Jansen shared their appreciation for the Sun Flair sculpture installations in Sunnyvale parks. CONSENT CALENDAR Public Comment opened at 7:41 p.m. No speakers. Public Comment closed at 7:41 p.m. MOTION: Vice Mayor Sell moved and Councilmember Mehlinger seconded the motion to approve agenda items 1.A through 1.E. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Sell Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Chang Councilmember Le No: 0 City of Sunnyvale Page 5 City Council Meeting Minutes March 25, 2025 1.A 25-0242 Approve City Council Meeting Minutes of February 13, 2025 (Study Issues/Budget Proposals Workshop) 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 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 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 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 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 2 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. City of Sunnyvale Page 6 City Council Meeting Minutes March 25, 2025 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 Senior Planner Aastha Vashist provided the staff report and presentation. Public Hearing opened at 8:06 p.m. No speakers. Public Hearing closed at 8:06 p.m. MOTION: Vice Mayor Sell moved and Councilmember Mehlinger seconded the motion to approve Alternative 1: Introduce an Ordinance (Attachment 2 to the report) 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). City Clerk David Carnahan read the ordinance title for the record. The motion carried with the following vote: Yes: 7 - Mayor Klein Vice Mayor Sell Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Chang Councilmember Le No: 0 City Council took a recess at 8:13 p.m. and returned at 8:20 p.m. with Mayor Klein, Vice Mayor Sell and Councilmembers Mehlinger, Srinivasan, Change and Le present in the Council Chambers and Councilmember Cisneros present via teleconference. 3 25-0394 Appeal of a Decision by the Planning Commission Denying a Variance to Legalize an Existing 112-square-foot Detached City of Sunnyvale Page 7 City Council Meeting Minutes March 25, 2025 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 Associate Planner Wendy Lao provided the staff report and presentation. Public Hearing opened at 8:38 p.m. Scott McClennan Applicant/Appellant provided a presentation in support of their appeal and answered Council’s proposed questions. Nathan Iglesias shared their support for granting the appeal of the applicant. Duli Mao spoke in opposition of granting the appeal and establishing a precedent. Stephen Meier voiced their support for granting the appeal of the applicant. Scott McClennan Applicant/Appellant shared their responses to the public comments and Council questions. Public Hearing closed at 9:18 p.m. MOTION: Councilmember Srinivasan moved and Councilmember Mehlinger seconded the motion to approve 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 to the report. The motion carried with the following vote: City of Sunnyvale Page 8 City Council Meeting Minutes March 25, 2025 Yes: 7 - Mayor Klein Vice Mayor Sell Councilmember Cisneros Councilmember Mehlinger Councilmember Srinivasan Councilmember Chang Councilmember Le No: 0 COUNCILMEMBERS REPORTS ON ACTIVITIES FROM INTERGOVERNMENTAL COMMITTEE ASSIGNMENTS Councilmember Mehlinger reported on a recent Bay Area Water Supply and Conservation Agency (BAWSCA) meeting. Councilmember Srinivasan reported their at the League of California Cities' Planning Commissioners Academy. Vice Mayor Sell reported on the Valley Transportation Authority's (VTA) employment agreement offer to the union workers on a labor strike. NON-AGENDA ITEMS AND COMMENTS -Council Councilmember Chang shared their appreciation for the improved City Council name plates Councilmember Le shared their concerns with the ongoing Valley Transportation Authority (VTA) worker strike. -City Manager None. INFORMATION ONLY REPORTS/ITEMS 25-0265 Tentative Council Meeting Agenda Calendar 25-0287 Information/Action Items ADJOURNMENT Mayor Klein adjourned the meeting at 9:43 p.m. City of Sunnyvale Page 9