Victory

Respect the Brown Act by starting all Cupertino City Council meetings at 6:30 p.m. and ending all Council meetings by 11:30 p.m., so seniors, working residents and families may participate. Hear all resident comments on agenda matters between 7:30-11 p.m.

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Public comment opportunities at City Council sessions have been repeatedly delayed by other City Council agenda matters until 11 p.m., Midnight, 1 a.m., 2 a.m., 3 a.m. and 4 a.m., effectively blocking many working City residents and parents of children at Cupertino schools who submitted cards to speak to the City Council, from speaking during public hearings. This public comment delaying tactic must stop, since hearings lasting past 11:30 p.m. may appear to be an attempt to subvert the Brown Act by the Cupetino City Coucil.

Under the Brown Act, residents may address the City Council to express their concerns about their children, neighborhoods, schools, new developments and increasing traffic and congestion in Cupertino. The Act requires that all residents may observe all government proceedings as they occur, in real time, not in delayed, "after the fact" videos posted online by the City, after the Council has voted through actions which many residents may dispute between 1 a.m. and 4 a.m., when most residents may not be present due to work or family commitments.

The Ralph M. Brown Act:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=54001-55000&file=54950-54963

"...the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over theinstruments they have created."

We feel the repeated delays of public comment opportunities to midnight, 1 a.m., 2 a.m., 3 a.m., 4 a.m. and 5 a.m., at Cupertino City Council meetings and hearings, as well as Cupertino City Council actions taken at those early morning hours, do not meet the language or intent of the Brown Act.

These delayed public comment opportunities and council actions also display an inherent disrespect for the concerned residents of Cupertino who deserve to be heard on all matters pertaining to their City, and to be shown respect by officials whom they have elected to serve their interests on all City matters before the Council.

We reasonably demaind that the City Council hold more open, organized and effective meetings, starting all meetings at 6:30 p.m. and ending all meetings by 11:30 p.m., without exception, with any unfinished council matters carried-over to the following night within the 6:30 p.m. to 11:30 pm. time frame, so all residents may observe and participate in a reasonable manner.

We reasonably demand that no City Council action or vote on any matter be taken or deliberated over after 11:30 p.m., in respect of the Brown Act and those responsible residents who have jobs and families which prevent their attendance at Council sessions extending past those hours, yet who, under the Brown Act, deserve to observe their government in process.

We also reasonably demand that all public comment opportunities found on any City Council hearing or agenda be placed early in the proceedings by 7:30 p.m. with resident comment opportunities ending by 11:00 p.m., without Council interruptions or delays erodiing any time set aside for residents' comments, thus allowing working residents, parents, families and seniors a true voice and vote in their City goverment.

Concerned.Cupertino.Residents (at) Gmail.com

Like us on Facebook: https://www.facebook.com/pages/Concerned-Cupertino-Residents/1560259960886106?ref=hl

(Not affiliated with BetterCupertino.org, although they have posted this petition to their Web site with permission.)



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