Measure E goes down in defeat thanks to blitz by homeowners
Loss means no upgrades for West Valley 'stadium'
By Rebecca Ray
The 50.7 percent approval from Santa Clara and Santa Cruz county voters wasn't enough--the West Valley-Mission Community College District's $268 million Measure E bond needed 55 percent of the vote to pass.
Had Measure E passed on March 5, the district could have used the bond money to repair and renovate its facilities.
The district also could have used the money to undertake its proposed upgrades to the football and track venue at West Valley College, which nearby residents have opposed since the college first took up permanent residence in Saratoga in the early 1970s.
"The district board made a strategic error in including the [athletic] facility in this bond measure," Saratoga Vice Mayor Evan Baker said at a Saratoga City Council meeting on Feb. 6. "It became a lightning rod."
The district is proposing the installation of up to 3,500 permanent aluminum bench seats, lighting and sound systems, a permanent scoreboard, a press box, restrooms, landscaping and a snack bar at the facility, which has no permanent seating.
Before the election, the district estimated that $5.5 million of the bond money would go toward athletic facilities at West Valley, including the football and track venue. District officials said they weren't sure how much of the $5.5 million would go toward the venue, since the board of trustees had not approved any such plans.
The proposed facility upgrade, which opponents refer to as a "stadium," was one reason why members of the West Valley Homeowners' Association urged residents to oppose Measure E. Members of the association, an organization of South Bay homeowners, fear that the proposed upgrades would create more noise, light and traffic.
The election hasn't been the only stumbling block to the district upgrading its facility.
In March 1996, the city sued the district over whether it has the authority to make the proposed improvements to the facility. Although the city lost the case in fall 2000 in Santa Clara County Superior Court, the city appealed in December 2000.
Three justices in the Court of Appeal, Sixth Appellate Division, in San Jose, heard arguments on the case March 5, 2002--ironically, the same day as the election. The justices have yet to issue a verdict.
Saratoga officials claim that the college breached an agreement with the city. When the college obtained a use permit from the city in January 1967 before moving to Saratoga, the district agreed not to build "an outdoor sports stadium designed for large-scale public attendance at intercollegiate games or events," according to the permit. The district says that the permit does not equal a signed contract and that, therefore, the city cannot hold the district to it. Judge Conrad L. Rushing ruled in favor of the district on the contract issue in 1998.
The city and district also disagree on the interpretation of Government Code section 53094, a state law that says that state educational facilities don't have to comply with local zoning laws if the venues are used for educational purposes. While the district says the venue at West Valley would be used for educational purposes, the city says it would not.
In September 1996, the district board of trustees voted to exempt itself from the Saratoga ordinance that prohibits community college stadiums. Under Government Code section 53094, school boards of state-owned educational facilities can exempt themselves from local zoning laws by a vote of two-thirds or more. However, the court can overrule the board's decision if the prosecution can show that the exemption was arbitrary and capricious. Rushing ruled in favor of the district on the exemption issue in fall 2000.
Even if the district wins on appeal, it will still face opposition. Assembly Speaker Pro Tem Fred Keeley, D-27th District, introduced Assembly Bill 2515 on Feb. 21. If passed, the bill would declare any action taken before Jan. 1, 2003, by a community college district to render a local zoning ordinance inapplicable to be null and void. The bill may be heard in committee on March 26.
Saratoga, California Since 1955
