The Cupertino Courier

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Referendums could face lawsuits

By HUGH BIGGAR

The city of Cupertino and backers of two referendums on growth could face legal action over those documents.

At a closed session meeting on May 2, Cupertino's city council discussed the possibility of lawsuits on the referendums. According to city documents, Cupertino faces "significant exposure to litigation ... potential litigation of Toll Brothers vs. the City of Cupertino, and Vallco vs. the City of Cupertino regarding the referenda process."

Residents drafted two referendums this spring hoping to overturn two city council decisions approving mixed-use development. The council voted for rezoning of Vallco Fashion Park in January and rezoning of vacant Hewlett-Packard land in March, paving the way for commercial and residential developments at both properties.

The Vallco project would include 137 condominiums on Wolfe Road. The Hewlett-Packard project at Finch Avenue and Stevens Creek Boulevard would allow for Toll Brothers to build 380 units, 80 of them for senior citizens.

As a result, residents concerned about the projects' potential impact on traffic, neighborhoods and schools drafted the referendums.

Patty Chi, who is helping spearhead the referendum drive, said she learned May 3 from Cupertino's city clerk that both referendums had the signatures needed to qualify for the ballot. The signatures are expected to be officially certified by the city council at its May 16 meeting. If this happens, the referendums would be placed on the November 2007 general election ballot, and construction would be halted on both the Vallco and Toll Brother's projects until then.

City Attorney Charles Kilian said it was likely both Vallco and Toll Brothers would sue to have the referendums invalidated.

"I presume right now it will go through to court," he said, while adding that, so far, neither side has filed a lawsuit.

Vallco attorney Christopher Shumb of San Jose and Toll Brothers attorney Marguerite Mary Leoni of the firm Nielsen Merksamer did not return calls for comment.

Earlier, a gathering on the referendums at the Cupertino Library also sparked confrontation. The weekend of April 1 and 2, referendum supporters attempting to gather signatures said representatives from Vallco actively interfered with the signature collection drive.