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Video leaves council unmoved
By Jeff Kearns
For Cupertino attorney Steven Hoffman, it probably seemed like a good idea to videotape the parking and traffic situation on his street before showing up at a hearing on an appeal he filed last year to a decision by city staff.
But, in the end, the video--which showed very little traffic and plenty of parking--may have been his undoing.
After watching Hoffman's video in fast-forward mode at their March 20 meeting, councilmembers voted unanimously to uphold the city manager's decision that the city should not intervene in a battle Hoffman has been waging against the Northwest YMCA and the Cupertino Union School District for nearly four years. Hoffman is currently suing both agencies over issues surrounding the YMCA day-care center.
Hoffman wants the city to restrict the use of a parking lot at the end of his street, Varian Way, which serves a YMCA-operated day-care center on a corner of CUSD's Stevens Creek School.
Hoffman charges that the YMCA and the district opened the day-care center without getting the necessary use permit from the city and that day- care traffic impedes use of a parking lot that serves Varian Park, which is next to Hoffman's house.
"Actually, it was interesting watching the video, because I know, Mr. Hoffman, that you were hoping that it would sway us that it was excessive," said Councilwoman Sandy James. "But I saw it a little differently."
James said it seemed that there were always spaces available in the morning and in the evenings. At times when spaces were filled, she said, it did seem to be a short period of time until spaces open up again. James added that she was a proponent of shared use by public agencies.
Mayor John Statton also said the video had little effect on his opinion. "I found it speaking against everything you've raised so far," he said.
Hoffman contended that traffic and parking are at unacceptable levels. "The facts are that it's an unauthorized use of the park," Hoffman said. "The [city] code mandates that the use is illegal until there's an application. The use is excessive and will continue to increase in the future. It effects me as an adjoining property owner and the code specifically says that I'm protected as a property owner."
City Attorney Chuck Kilian says the small parking lot next to the day-care center isn't adversely impacted by use from day-care patrons, and that the YMCA and the district don't need city permits because of the low-intensity use at the center.
"This doesn't require permits for the YMCA or CUSD because these are parents that are parking and using any number of spaces," Kilian said. "Had it been a gas station or a restaurant down the road, you wouldn't ask them to come in and get a special parking permit if some of their patrons decided to use the parking facilities at the park."
Dennis Ward, an attorney for the YMCA, said Hoffman has repeatedly misrepresented the YMCA's use of the facility, specifically by calling it a for-profit operation. Ward said the day-care facility, which serves families from the neighborhood around the school, is strictly non-profit.
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Cupertino, California Since 1947
