Photograph by Robert Scheer
Runners do stretching exercises on the West Valley College track.
By Tim Persyn
When does the use of a lawn chair at a football game become a violation of city codes?
It all depends on where you stand, or perhaps sit, on the issue of what right West Valley College has to use its track and field and what rights neighbors have to peace and quiet.
To settle this score, the city of Saratoga filed a legal action March 4 with the Santa Clara County Superior Court to resolve how the West Valley-Mission Community College District can conduct outdoor spectator events at the West Valley campus.
According to the city, the action was taken with the agreement of the district.
In planning outdoor events such as football games, West Valley must contend with city codes that strictly regulate the development of any stadium-like facility. City code section 15-80.070 states, "Neither a stadium of any size nor any use but different name shall be permitted in any zoning district."
The code further defines "stadium" as "a track and/or field which has any one or more of the following: permanent or portable seating (other than field-level seating for participating athletes), permanent or portable lighting, permanent or portable sound system, press box, scoreboard, restrooms or concession stands, and on which interschool events or other spectator-oriented events of any kind are held."
Jeff Schwartz, a Saratoga resident who lives near the West Valley track and field, said that the college started to host football games in 1992 or 1993. At these events, Schwartz said, the college used amplified sound, concession stands, portable seating, and scoreboards. In addition, Schwartz said, the college has attempted to construct bleachers. Neighbors object to the noise created by sporting events.
Greg Hoobler, student trustee for West Valley College, said that in the past, neighbors have taken the issue way out of hand.
"We've had neighbors call the sheriff to remove lawn chairs because they are 'portable seating,' " Hoobler said. "I think it's ridiculous for the community to micromanage how the college runs its facilities."
Hoobler added that in a legal battle, the college could claim that city ordinances cannot override the college's legal permission from the state to operate educational facilities. This line of reasoning could provide the necessary leeway for the college to build bleachers, scoreboards and the like.
"We want adequate facilities to hold games," Hoobler said. "We're not talking about a 3,000-seat stadium. We want facilities where we can sit down."
Schwartz said outdoor events at West Valley such as football games can be extremely disruptive.
"When they have events, you can be in your house with the windows and doors closed, and you can hear the sound in every room," he said.
Schwartz added that the college has received complaints from neighbors for the last three years.
Ruth Carlson, director of public relations for the district, said, "We're trying to get clarification on the uses of the football field. We're sensitive to the needs of homeowners."
Mayor Paul Jacobs said the City Council had been planning on filing the action since mediation broke down between the college and neighbors last year.
"We needed to bring finality to these issues," Jacobs said.
This article appeared in the Saratoga News, March 27, 1996.
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