The Cupertino Courier

News

Redevelopment referendums are moving toward a vote

Councilman breaks tie and stirs up a little controversy

By HUGH BIGGAR

Cupertino Councilman Orrin Mahoney returned to the council from China on June 6 and helped resolve an issue that had the city council at an impasse.

At issue are two referendums which seek to overturn city council approvals of two development projects. The first centers on a proposed mixed-use project at Vallco Fashion Park that would include 137 condominiums. The second seeks to overturn council approval of a project allowing Toll Brothers to build a mix of housing and retail on land at Stevens Creek Boulevard and Finch Avenue.

With Mahoney away, the Cupertino City Council deadlocked on a vote on the referendums at its May 2 meeting. On June 6, with Mahoney breaking the tie, the council voted 3-2 to hold an election on the two projects in November.

Mahoney addressed complaints he might have a conflict of interest as a longtime employee and consultant for Hewlett-Packard, owners of the land to be developed by Toll Brothers. He said, "I have looked in my heart and my decision is based on what is the right thing to do for Cupertino."

The election on the measures is expected to cost $217,859. Backers of the referendums had hoped for a 2007 election, a date also supported by councilmembers Kris Wang and Patrick Kwok.

Drafters of the referendums gathered the necessary votes to place them on the ballot. About 20 percent of registered voters in Cupertino signed the petitions.

Proponents of the initiatives would prefer to wait on those projects as a way of determining the impact of other developments in Cupertino. At this time, about 1,000 new residences have been approved in the city, generating concern about the effect on schools, traffic and infrastructure.

"November 2007 gives us more time to see what's going on, especially [with] taking commercial and turning it into residential," said resident Rudy Griffin.

In the close vote, though, the city council voted for the earlier date.

"Any reasonable person wants to get this behind us," Mayor Richard Lowenthal said. "Otherwise we are just sitting here and fighting," he said, referring to the divisive tone of the meeting.

Mahoney said he supported the 2006 date because, as a gubernatorial election, it will have a larger voter turnout than the municipal election scheduled for 2007.

In the meantime, Toll Brothers has sued, seeking to have both referendums invalidated. The case is scheduled to be heard June 29.