The Cupertino Courier

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Council splits vote on referendum election

By HUGH BIGGAR

A Cupertino City Council discussion on two referendums May 16 included testimony from Vallco Fashion Park and Toll Brothers' officials, several comments from the public, a protracted discussion on the cost of elections and ultimately a split decision.

With Councilman Orrin Mahoney absent, the council voted 2-2 on whether to hold an election on the two referendums in 2006 or 2007. The referendums seek to overturn two city council decisions approving mixed-use projects at Vallco and at vacant land along Stevens Creek Boulevard at Finch Avenue.

The council declined to repeal its decision on those projects and instead moved ahead with setting an election--a process that proved contentious.

After much discussion about cost, council members Richard Lowenthal and Dolly Sandoval voted for a November 2006 election and council members Patrick Kwok and Kris Wang voted to hold the election in 2007. The city clerk's office had said 2006 would be the cheapest date for the election. With the split vote, the matter returns to the council at its next regular meeting June.

"November [2006] saves the taxpayers the most money and will have the greatest turnout of voters," said Sandoval in supporting that timeline.

At the same time, Kwok said the signatures gathered for the referendums represented a strong message from voters.

"We have heard consistently from residents Cupertino is moving too fast, let's slow down," Kwok said in voting to place the referendums on the 2007 general election ballot.

Many residents who spoke at the meeting also asked for the later election.

"[By waiting] and having [other residential] developments completed first, we can see the impact on the community, traffic, schools and the environment," said Cupertino resident Patty Chi.

Chi had been among those who circulated the referendums in April with the goal of overturning the city council's January approval of the Vallco project that allows for 137 condominiums on Wolfe Road and March approval of the Toll Brothers' project allowing for 380 units, 80 of them for senior citizens, at the Stevens Creek Boulevard site.

Both referendums collected the needed 10 percent of registered voters to qualify, with both referendums gathering the signatures of about 20 percent of the voters.

In response, both Vallco and Toll Brothers have threatened legal action to have the referendums invalidated.

Toll Brothers representative Alicia Guerra also spoke at the meeting in favor of an election next November. "It would be less expensive than the regular election, and [by waiting a year] Toll Brothers would incur considerable delays that would effectively terminate the project," she said.

Whether that will happen is now in the balance. The city council is expected to take up the issue again at its next regular meeting June 6. The meeting begins at 6:45 p.m. in the community hall, 10350 Torre Ave. For more information visit, www.cupertino.org.