March 17, 2004     Cupertino, California Since 1947
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City has legal right to challenge initiatives
By I-chun Che
A week after the Concerned Citizens of Cupertino submitted three ballot initiatives that would restrict height, density and setback of the city's future developments, the city council held its first discussion about the proposals.

At the request of City Attorney Chuck Kilian, the council had a closed-session meeting on March 10.

But the wording on the public notice about the meeting stirred members and supporters of the CCC. The agenda used the words "initiating litigation. Possible action against Edward Britt, Norman Hackford and Gerald Cooley," the three signatories of the initiatives.

"These initiatives are democracy at work. So is the CCC. They should be embraced by all as an example of what makes our society and government great," Cooley, 62, told the council at the oral communications section before the council's closed meeting.

"For the city council to consider litigation for any reason on these initiatives is a direct affront to our democratic principles and makes us even more resolved to bring better government to Cupertino," said Cooley, who has lived in Cupertino since 1970.

City Attorney Kilian said it is unfair to assume that the city council will sue the three people. "I am meeting with the council members to discuss their options, just as people meet their lawyers to discuss their legal matters," Kilian said.

Mayor Sandy James assured CCC members and supporters that the meeting was just an opportunity for the council to discuss the initiatives with Kilian.

"The initiatives will bring unintended consequences to the city. We have to consider if the city will be sued because of the initiatives," James said. "We represent you but we also represent 52,000 residents. It is our job to protect all of you."

Another signatory, Britt, proposed having an open study session with the council.

After the closed session, City Attorney Kilian said the city will not sue anyone but will reserve the right to challenge the legality of the measures. The city council will not have a study session with the group but welcomes its members to express their concerns at the General Plan update meetings. The council also asked City Manager David Knapp to prepare a report on how the measures will impact Cupertino's economic development.

"If the measures are good ideas, they should be included in the General Plan," Councilman Richard Lowenthal said. "I am just concerned that this group wants to bypass that process and exclude the 72 people on the General Plan Task Force."

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