I agree with Robert Garten (Letter & Opinions, Aug. 17) that people should make informed and independent decisions on the issues "before voting No-No-No on the CCC (now calling their group Save Our City) slate appearing on November" ballot. Unfortunately, his letter was argumentative, but not informative. So, I'd like to provide some information.

Fact: Reports on the negative consequences of the slate are posted on the city's web- site: www.cupertino.org/ city_gov ernment/city_coun cil/elec tions/index.asp.

Fact: I am not a political consultant. Like many others, I volunteer some of my time to community service. I do not know if Garten is a paid consultant for SOC-CCC, nor do I care. He can spin all he wants, for free or for a fee.

Fact: Measure C calls for building setbacks of 35 feet. There is nothing on the SOC-CCC website that explains the rationale for that number. Why not 20 feet or 50 feet? Who picked that number and why? Why is this a city-wide mandate that applies equally to commercial areas and residential neighborhoods? Why are there so many exceptions?

Fact: I am a resident of Cupertino but a citizen of the United States of America.

Fact: Although the same person appears to control both organizations, the SOC-CCC relationship is unclear.

Fact: The Platform of the Libertarian Party of California calls for an unrestricted market in drugs (see section IV.1.D.) and the elimination of all zoning laws (V.2.A.). Few Cupertino residents would support these positions.

It is not sick to challenge those whose radical ideology rejects the shared values and goals of our community.

Charlie Ahern

Cupertino

Trains, Permanente were
there before complainers

Regarding the night operation of Union Pacific trains to and from Hanson Permanente: Walt Vortmann (Letters & Opinions, Aug. 17) is right-on target.

As I recall, someone who bought a house after operations at Permanente started decades ago (around the 1930s) is always complaining about some aspect of the operations of the quarry, cement plant, etc.

We have lived in Cupertino since November 1978. In fact, one of the houses we looked at, prior to buying on the east side of Cupertino, backed-up to the then Southern Pacific tracks to what was then Kaiser operations at Permanente.

I grew up within earshot of the Union Pacific passenger mainline through Portland, Oregon--and we're going back to the steam locomotive era with the locomotives on east-bound trains working hard on the over six-mile long, S-curves grade in a gulch with no sound walls (we lived about a mile west of the grade).

The only thing that concerned me about the location of the property was that the back fence was right on the property line of the SP right-of-way.

Safety, not noise, was my primary objection to the property. A diesel-electric locomotive, even in "Run 8" (when the diesel engine or prime mover is operating at maximum rpm) makes a lot less noise than a hard-working steam locomotive, and sounding the horn for grade crossings is required by Federal Regulation.

Derailments do happen, even on the best-run and maintained railroads. Southern Pacific track and locomotive maintenance were well known both in the railroad industry and among rail fans to be not the best in the world long prior to 1978. Our sons were 6- and 8-years-old at the time.

Also, if residents of the west side of Cupertino aren't complaining about some aspect of the operations at Permanente, they're complaining about Gate of Heaven Cemetery (which also was in operation long before many of them bought their homes there). A cemetery is not a public park or other "pastoral" venue.

NIMBY to the nth degree???

Vernon Hudnut

Cupertino

Cost of lawsuit comes out of district's budget

After having three out of four complaints summarily dismissed in March, the "settlement" in the Stephen Williams lawsuit was to withdraw the remaining complaint and have the school district restate its existing policy. So it's official: the lawsuit was baseless and frivolous.

I wish Williams well, and hope that he will now be able to focus his energies on teaching. It is his lawyers, the Alliance Defense Fund, who are the villains of the piece.

Leave aside their incendiary claims about banning the Declaration of Independence, puffing up publicity around a weak and ideologically motivated case, and dragging reputations through the mud. Each side has been left to cover their legal costs.

For the ADF, this comes out of a multi-million dollar campaign chest. For the Cupertino Union School District, it comes out of taxpayer dollars, diverted from a pinched education budget.

The school district officials are bound by the terms of the settlement to say they are "satisfied" with the outcome of this squandering of time, money and reputation.

The rest of us are not bound by this gagging order and are free to write to: Gary McAleb, The Alliance Defense Fund, 15333 North Pima Road Suite 165, Scottsdale, Arizona 85260.

Richard Crouch

Cupertino

Stephen Williams announced last week that he is leaving the district and the teaching profession. --Editor

Policy hasn't changed; lawsuit was frivilous

The Courier's Aug. 17 article "Teacher's case against CUSD is settled states "At the moment, the new policy will not affect Williams." This implies that the Cupertino Union School District policy has changed because of a settlement.

In fact, this is totally false and misleading. The truth of the matter is that nothing about our school district policy has changed.

Williams dropped his claim because it was totally frivolous, not because the school district changed its policy.

Unfortunately, this kind of false and misleading report creates a lasting impression. So, I hope the Cupertino Courier makes a real effort to correct it.

Armineh Noravian

Cupertino

Please see article.
--Editor