October 13, 2004     Cupertino, California Since 1947
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The fate of CCC's three initiatives is undecided
By Hugh Biggar
Representatives of the Concerned Citizens of Cupertino had gone to last week's city council meeting, hoping that the council would make a decision on three CCC-proposed initiatives on citywide development.

But that didn't happen. Instead, city council members decided to further study the three initiatives, centered on building setbacks from the street, building height and housing density.

The CCC had wanted a more immediate decision on its initiatives, which the Santa Clara County Registrar of Voters has certified as qualifying for a ballot. CCC members had proposed holding a special election next February.

"We request the initiatives be adopted or put to a vote as soon as the law requires," said CCC member Ned Britt at the Oct. 4 city council meeting. "We believe the law is on our side."

In turn, CCC lawyer Gary Wesley argued that each of the three petitions legally qualified for a special election, having been signed by 15 percent of registered voters.

However, City Attorney Chuck Killian disagreed with Wesley's legal interpretation. "They have to say they want a special election [on their initiatives]," Killian said, noting the initiatives' lack of language clearly asking for such an election.

"They can't wishy-washy around," Killian added. "The law requires they make a valid declaration of what they want to do."

There was also concern among council members about the $371,000 cost of a special election during tight economic times and concern about limitations on future city projects. "If the initiatives were to pass, the city of Cupertino could be adversely affected economically," said Councilwoman Dolly Sandoval. "We need a better economic understanding."

Added Councilwoman Kris Wang, "I have a hard time approving $371,000 in tax money, [given] the budget impact, and at a time we are cutting school resource officers."

Such concerns ultimately overruled the wishes of the CCC, which had more than 10 people speak on its behalf. "We should be able to come to our local government and say we are unhappy," said Jennie Lee Sepulveda, a 35-year Cupertino resident.

"We're asking the city council to abide by the law," said resident Bob McKibbin. "We request a special election."

Instead, the city council requested a report to be delivered in 30 days assessing the impact of the initiatives on areas ranging from the financial to the city's General Plan to open space. Councilman Patrick Kwok also asked for more information about how a special election might be funded.

"In my opinion, it's totally irresponsible to call for a special election," said Mayor Sandra James. "I don't want the Manhattanization of Cupertino. [But] this will not accomplish what you want it to accomplish. It's fiscally irresponsible. There is a process in place ... and it's still ongoing."

As a part of that process, city staff will draft the study on the initiatives and deliver it to the city council at its regular meeting on Nov. 1.

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