CC 05-20-2025 Item No. 19. Attachment D - Amended Draft Ordinance (clean) (added 5-20-2025)01276.0001 2007095.1
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TITLE 2, ADMINISTRATION AND PERSONNEL, OF
THE CITY OF CUPERTINO MUNICIPAL CODE AMENDING SECTION 2.04.010,
PERTAINING TO CLOSED SESSIONS AND REGULAR MEETINGS
The City Council of the City of Cupertino finds that:
WHEREAS, the Cupertino Municipal Code currently sets a fixed start time of 6:00 p.m.
for City Council closed sessions held on regular meeting days; and
WHEREAS, often the City Council needs more time to discuss the agendized matters
than the 30-40 minutes currently provided by the codified start time of 6:00pm; and
WHEREAS, it is preferable that the City Council have the flexibility to begin closed
sessions earlier than 6:00 p.m.; and
WHEREAS, the City Council seeks to improve closed session flexibility by setting a
suggested start time of 5:30 p.m.; and
WHEREAS, the Cupertino Municipal Code does not currently clarify that meetings
moved because of a holiday or Cupertino elections are regular meetings of the City
Council; and
WHEREAS, the City Council seeks to confirm that rescheduled meetings due to holidays
or elections remain regular meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as shown below. Text added
to existing provisions is shown in bold double-underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in existing
provisions is not amended or readopted by this Ordinance. Text in italics is
explanatory and is not an amendment to the Code.
///
Closed Session Time Update and Regular Meeting Confirmation - Page 2
01276.0001 2007095.1
“Sec. 2.04.010 Regular Meetings.
The City Council shall hold regular meetings on the first and third Tuesdays of each
month at six forty-five p.m. and may adjourn any regular meeting to a date certain, which
shall be specified in the order of adjournment and when so adjourned, such adjourned
meeting shall be a regular meeting for all purposes. Such adjourned meetings may
likewise be adjourned and any so adjourned meeting shall be a regular meeting for all
purposes. The City Council may cancel a regular meeting by a vote of a majority of the
Council.
On regular meeting days, the City Council shall reserve the time beginning at five-thirty
p.m. for closed sessions.
City Council meetings that fall on legal holidays shall automatically be moved to the
following day and shall be regular meetings.
City Council meetings that fall on any Election Tuesday in a regular Cupertino election
year shall automatically be moved to the first Monday of the month and shall be regular
meetings.”
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
///
Closed Session Time Update and Regular Meeting Confirmation - Page 3
01276.0001 2007095.1
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action to remove
the fixed start time for closed session items on regular meeting days and the rescheduled
meetings shall continue to be considered regular meetings would have no or only a de
minimis effect on the environment because it is a procedural change that does not result
in a physical change to the environment. The foregoing determination is made by the
City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
///
///
///
///
///
Closed Session Time Update and Regular Meeting Confirmation - Page 4
01276.0001 2007095.1
INTRODUCED at a regular meeting of the Cupertino City Council on May 20,
2025 and ENACTED at a regular meeting of the Cupertino City Council on June 3, 2025
by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, City Attorney
________________________
Date