CC 05-20-2025 Item No. 19. Closed Session Start Time Ordinance_Desk Item (added 5-20-2025)01276.0001 2007179.1 1
CITY COUNCIL STAFF REPORT
DESK ITEM
Meeting: May 20, 2025
Agenda Item #19
Subject
Amend Start Time of Closed Session Start Time and Clarification that Meetings
Rescheduled Due to Holidays or Elections Retain Regular Meeting Status
Recommended Action
Introduce an Ordinance of the City Council of the City of Cupertino amending Title 2,
Administration and Personnel, of the City of Cupertino Municipal Code amending
Section 2.04.010, pertaining to closed session and regular meetings, by title only, and
waive the first reading.
Background:
The Municipal Code currently establishes a fixed start time of 6:00 p.m. for City Council
closed sessions held on regular meeting days. Separately, the Municipal Code does not clearly
state that City Council meetings automatically moved pursuant to the Municipal Code due to
a holiday or an election day retain their status as regular meetings.
The proposed Ordinance moves the closed session start time to 5:30 p.m. to give the City
Council more time to address agenda items. Further, the Ordinance clarifies that meetings
moved because of a holiday or Cupertino elections are regular meetings of the City Council.
Reasons for Recommendation
The current schedule limits the time available for the City Council to conduct the City’s
confidential business in closed session, as is permitted under the Brown Act, to less than
45 minutes, which is insufficient.
This Ordinance proposes adjusting the closed session start time to 5:30 p.m. to allow the City
Council additional time to discuss agendized matters. Establishing a consistent earlier start
time also helps avoid the logistical challenges of individually coordinating availability with
Councilmembers for each closed session.
As such, the City Attorney recommends: (1) amending the Municipal Code to change the
closed session start time to 5:30 p.m. and 2) updating the Municipal Code to confirm that
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meetings moved because of a holiday or a regular Cupertino election are also considered
regular meetings of the City Council.
Other Available Options
1. Set a start time of 5:00 p.m. rather than 6:00 p.m., which could be shortened as
needed for any specific closed session meeting. But this does not provide the
additional flexibility of allowing the City Council to set the standard start time
for itself.
2. Remove the fixed start time. But this creates the logistical challenge of individually
coordinating availability with Councilmembers for each closed session.
3. Make no change to the status quo.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
City Work Program Item/Description
None
Council Goal
None
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Vrunda Shah, Deputy City Attorney
Approved for Submission by: Tina Kapoor, Acting City Manager
Attachments Provided with Original Staff Report:
A. Draft Ordinance (redline)
B. Draft Ordinance (clean)
Attachments Provided with Desk Item
C. Amended Draft Ordinance (redline)
D. Amended Draft Ordinance (clean)