Cupertino Municipal Code Ch. 2.04 City Council–election and Meetings\

* For statutory provisions regarding the scheduling of City Council meetings, see Gov. Code §§ 36805—36809

General municipal elections shall he held on the first Tuesday after the first Monday in November of even-numbered years to coincide with the statewide general elections.

(Ord. 13-2106, § 4, 2013; Ord. 1697, (part), passed - -1995)

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.

(Ord. 20-2214, 2020; Ord. 15-2137, § 1, 2015; Ord. 1958, 2005; Ord. 1941, 2004; Ord. 1822, (part), passed - -1999; Ord. 1015, passed - -1980; Ord. 978, (part), passed - -1980; Ord. 189(a), § I, passed - -1970; Ord. 389, § 3.1, passed - -1968; Ord. 25-2271, § 1, 2025)

Special meetings may be called at any time by the mayor or by three members of the City Council by delivering written notice to each member of the City Council and to each local newspaper of general circulation, radio and television station requesting notice in writing. The notice shall be delivered at least twenty-four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings. The written notice may also be dispensed with as to any member of the City Council who at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. The written notice may also be dispensed with as to any member of the City Council who is actually present at the meeting at the time it convenes.

(Ord. 1697, (part), passed 1995; Ord. 389, § 3.2, passed 1968; Ord. 26-2284, Att. A (part), 2026)

In the case of an emergency situation involving matters upon which prompt action is necessary due to the description or threatened disruption of public facilities, the City Council may hold an emergency meeting without complying with either the twenty-four-hour notice requirement or the twenty-tour-hour posting requirement described in Section54956 of the California Government Code. An emergency meeting called under this section shall be otherwise conducted in conformance with Section 54956.5 of the California Government Code.

(Ord. 1697, (part), passed 1995)

The regular meetings shall convene in the Council Chamber, Cupertino Community Hall, 10350 Torre Avenue, Cupertino, California. All other meetings unless changed in the written notice of meeting or order of adjournment shall be held in the Council Chamber of the Cupertino Community Hall, Cupertino, California.

(Ord. 978, (part), passed 1980; Ord. 189, § 1.1, passed 1968; Ord. 1952, 2004)

A. If any vacancy on the City Council occurs other than by expiration of a term, the City Council shall, at its option within thirty days from the commencement of the vacancy, either fill the vacancy by appointment for the unexpired term of the former incumbent, or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election.

B. Notwithstanding any other provision of this section, the City Council may appoint any person, otherwise qualified, to fill a City Council vacancy to hold office only until the date of a special election which is called to fill the remainder of the term pursuant to subsection A of this section.

C. Notwithstanding any other provision of this section, an appointment shall not be made to fill a vacancy on the City Council if the appointment would result in a majority of the members serving on the Council having been appointed. The vacancy shall be filled in one of the following ways

1. The City Council may call an election to fill the vacancy to be held on the next regularly established election date not less than one hundred fourteen days after the call;

2. If the City Council does not call an election pursuant to subsection B of this section, the vacancy shall be filled at the next regularly established election date.

(Ord. 1697, (part), passed 1995; Ord. 1017, passed 1991; Ord. 1026, § 1, passed 1980)

The service of city councilmembers shall be limited to two consecutive elected terms, for a maximum possible time (appointed and elected combined) of ten years and three hundred fifty-four days, after which they would not be eligible for election or appointment to a council seat for four years. (This section was adopted by a vote of the people November 4, 1997.)

(Ord. 1775, passed 1998)