City considers an appeal on WVC stadium ruling

By Kara Chalmers

In a ruling on Sept. 11, that said the West Valley-Mission Community College District had the right to exempt itself from Saratoga's zoning regulations, Superior Court Judge Conrad L. Rushing gave West Valley College the right to build a football stadium.

When the city granted the college a conditional-use permit in the late 1960s, the permit said the college could not build a stadium.

Speaking as a resident and a close neighbor of the college, Jeffrey Schwartz, who is also on the district's board of trustees, said the ruling is not only unfortunate for neighbors of the college, but for all Saratoga residents, since a stadium would bring traffic, congestion and noise.

"Thirty-five years ago, the college promised that they would never develop a stadium, and it was that promise that got the permission to use the land that they now occupy as their campus," he said. "They've spent the last 35 years trying to find some way to weasel out of that agreement."

Schwartz said from the time he joined the governing board he has recused himself from discussing or voting on this issue, since a stadium would have an impact on his home.

According to Saratoga city attorney Richard Taylor, litigation between the city and the district began in earnest four years ago when the district passed a resolution exempting itself from the city's zoning ordinance. The city then sued the district, first by saying the district breached its contract with the city, since the conditional-use permit did not allow a stadium. The judge ruled then that the district signing a permit wasn't the same as it signing a contract, Taylor said. The city proceeded with its second issue, namely whether the district had the authority to exempt itself by saying that it needed the exemption for educational purposes. The city argued that the stadium wasn't an educational purpose.

Attorney for the district Jim Eller, said the district is pleased with the decision, and that it was anticipated. He said he does not know of any specific plans the district has for the field improvements, but that all along, the improvements proposed have been modest ones.

"In fact, what they are talking about is something with a few thousand seats," Eller said. "It would be modest in size and scope. It certainly wouldn't be any sort of a large-scale facility."

Eller said the existing football and track field might be improved with seating, lighting and a scoreboard. He said the district has no intention of having any large scale rock concerts at the stadium.

"They have said in the past directly to council members that they were not looking at this facility for that kind of principal use," Eller said.

According to Taylor, the city is disappointed with the ruling since the legislation that the district relied on to exempt itself was amended by legislation sponsored by Saratoga's state senator Jerry Smith in the 1970s. That legislation had the explicit purpose of prohibiting districts from exempting stadiums.

"The correspondence concerning the legislation made that clear," Taylor said, referring to a letter from the sponsor to the governor. Taylor said the city would make a decision on whether to appeal the ruling in the next several months.

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