July 13, 2004

SUBJECT: Information Only – Cricket Play at Ortega Park (04-231)

REPORT IN BRIEF
On the evening of March 30, 2004, Mr. and Mrs. Clark of Sunnyvale appeared before City Council under "Citizens to be Heard" to communicate their concerns regarding cricket play at Ortega Park. Subsequently, the City Manager directed staff to meet with the Clarks to thoroughly review and discuss their concerns. The City Manager also directed staff to prepare a briefing on related issues for Council’s consideration. This report serves that purpose.

Staff offered to meet with Mr. and Mrs. Clark and anyone else they cared to invite at a time convenient to them. That meeting was conducted on Tuesday evening, April 27, 2004, at the Community Center, from approximately 7:30 p.m. to 9:30 p.m.

Twelve residents were in attendance (Attachment A). Staff did not invite the cricket players or publicize a general neighborhood meeting, as the primary intent of the meeting was to explore and discuss the Clarks’ concerns.

The twelve attendees included Mr. and Mrs. Clark, four others living with Mr. and Mrs. Clark, five others living in the neighborhood, and one resident living outside the neighborhood.

Staff informed the group regarding facts related to Ortega Park and cricket play, including the history of both, as well as current City policies and practices governing the use of athletic fields. Most of this information has been provided to Council previously (Attachment B). Staff then reviewed the Clarks’ concerns, the majority of which have also been identified in earlier correspondence from Mr. Clark (Attachment C). The review of both, however, was helpful to the group in general, some of whom were not as familiar with the issues as others. Please see Attachment D for a site map of Ortega Park, Ortega athletic facilities (including cricket pitches) and Stocklmeier Field.

There was good discussion and information sharing during the two-hour meeting. Staff listened and responded to the group’s concerns. At the close of the meeting, staff indicated that it would prefer to meet with the same group again--following another meeting between staff and the Sunnyvale Cricket Club--before providing this report to City Council. The group agreed.

On May 13, 2004, staff met again with concerned residents. Please note that not all individuals attending the first meeting attended this one and that several who did attend the second meeting were not present at the first (Attachment E, meeting sign-in sheet for 5/13/04).

While not in complete agreement on all issues, the concerns expressed by the Clarks and those they invited to these meetings are summarized below:

• The Clarks believe that the very presence of the cricket pitch constitutes a physical hazard to park users, and they have suggested that all cricket play be banned from all neighborhood parks because they believe it is inherently dangerous to other park users.

• The Clarks believe that few Sunnyvale residents are served by cricket play at Ortega (less than 1 Sunnyvale resident per hour), and that cricket play in general is a very inefficient use of space, serving an average of only 2.8 people per hour (resident and non-residents combined).

• The Clarks suggest that the City does not have a balanced approach to allocating athletic fields, and that it does not place a high priority on youth. Mr. Clark cites the fact that youth soccer teams travel to Morgan Hill to play soccer games every weekend during soccer season as an example.

• The Clarks do not believe that the neighborhood has sufficient access to Ortega Park’s athletic field on weekends, and that the only reasonable way to provide the neighborhood fair access to the field is to reduce the amount of time provided the Cricket Club.

• The Clarks believe that precluding permitted use of the athletic fields for a half-day each weekend would open the fields to more neighborhood use.

• The Clarks suggest a significant reduction in cricket play is an issue about which many in the neighborhood feel strongly.

• The Clarks believe the cricket players misled the public about their intended use of Ortega Park’s athletic field, and that they continue to be difficult to interact with (alleging they have hit balls purposely toward innocent by-standers and that they make false claims of possessing permits for field use).

• In addition to concerns expressed above, the Clarks disagree with staff’s perspective that cricket play at Ortega Park helps to support cultural diversity in Sunnyvale. Mr. Clark stated that some Caucasians also play Cricket, so this sport is no different than other sports played in the parks.

Cricket's Side

Over the last decade, staff has also met on several occasions with the Sunnyvale Cricket Club. On May 3, 2004, staff met with the president of the Sunnyvale Cricket Club, Ravi Pindiproli, to discuss the concerns identified above. The Cricket Club has indicated a willingness to work with staff and the neighborhood to reduce resident concerns. However, the Club has its own concerns as well. (Please see Attachment F, letter to Council from Sunnyvale Cricket Club President, dated May 31, 2004.)

• The Club believes that cricket is a growing sport, not a trend, and that currently the City is the only viable service provider it can turn to for support of its sport in Sunnyvale

• The Club believes it is being unduly harassed and portrayed as villains by the Clarks (alleging the Club is being heckled from the sidelines and pressed for permits even when it is evident no one else is present to use the fields).

• The Club believes it is being unfairly criticized by some for actions more appropriately attributed to cricket players outside of the Sunnyvale Cricket Club.

• The Club would prefer to see more support from the City, not less, and has made several requests over the years for additional physical improvements to Ortega’s athletic field that would make it less of a multi-purpose field and more of a designated cricket site.

Staff's Oservations

• Staff believe this is a great example of one of the most daunting challenges facing the parks profession in urban environments today--that is, trying to satisfy a seemingly unlimited demand for a very limited amount of open space. This was at the heart of a recent Council study issue regarding park use and capacity, and it has a lot to do with controversies surrounding dogs on and/or off leash; turf wars among and between youth sports groups for fields; concerns regarding busloads of children accessing "neighborhood" playgrounds; and yes, cricket play at Ortega park--just to name a few.

• Staff does not believe the presence of the cricket pitch is hazardous. The pitch has been inspected numerous times by staff, including a very recent visit by Risk and Insurance staff on May 3, 2004.

• Staff does not believe cricket is any more hazardous than baseball and does not believe it should be banned from any or all of the City’s parks. Cricket is quite analogous to baseball in this regard.

• Staff believe that the support of cultural diversity is an important factor to consider when studying this issue and the future of cricket play in Sunnyvale.

• The Cricket Club’s current roster indicates that 28 of its 56 members (50%) are Sunnyvale residents. Staff is also aware that some residents enjoy watching the cricket players on occasion.

• While staff agree that cricket serves fewer individuals than some other sports, staff would not characterize its use of space as inefficient. The City does not design its facilities or program their use solely around the number of people being served. A cricket game serves 22 people per hour (not including spectators), regardless of how long they are on the field.

• The amount of field use provided to youth sports actually far outweighs the amount of field use provided to adults. Youth soccer teams from Sunnyvale do travel all over the bay area to play soccer on the weekends. However, they also use a tremendous number of Sunnyvale’s fields to practice and host teams from other cities. Coincidentally, the current president of the Sunnyvale Cricket Club plays in Morgan Hill every Sunday because he is on the third string of the Sunnyvale Cricket Club, and the Ortega Park field can only serve the first two teams of the Club. In other words, adults also are forced to use fields outside of Sunnyvale as well.

• Staff believe that even without the athletic field used for cricket play, the Ortega neighborhood has as much (and in some cases more) access to athletic fields than other neighborhoods. Ortega Park is the second largest neighborhood park in the City’s open space system, and it has two multi-purpose athletic fields associated with it (Ortega and Stocklmeier—neither of which were maintained or programmed by the City prior to the late 1980’s).

• The Clarks have based their concerns regarding Sundays (the day cricket is played), in part, on the fact that the fields are already heavily programmed on Saturdays by youth sports. In his March 27, 2004, letter to Council, Mr. Clark writes, "The weekends are the only possible days we can access the park. And since Saturdays are appropriately dedicated to youth activities, the Sunday park exclusion eliminates 100% of our potential field access." Yet one of Mr. Clarks’ preferred courses of action is to eliminate cricket in favor of programming youth sports on Sundays as well. Staff fails to follow this logic. If, as suggested, youth sports on Saturdays are contributing to the 100% exclusion of the neighborhood from the fields, how will programming youth sports on Sunday help alleviate the problem? If, as later suggested in the same letter, youth sports are not a problem since they "allow residents to simultaneously use parts of the field," then it seems the neighborhood has sufficient access to the fields on weekends (Saturdays) already.

• The Clark’s have asked staff to stop permitting use of the sports fields for portions of Sundays. Staff is not at all sure that precluding permitted use of the athletic fields will ensure the neighborhood (however that is defined) use of the fields. In fact, it could have quite the opposite effect. Non-permitted time would be available to all others, resident and non-resident, youth and adults. Once this became common knowledge, users would likely come from various destinations to use it, and enforcement of a neighborhood policy (assuming one could be easily defined) would be very difficult.

• Staff is aware that at least a small number of residents in the Ortega neighborhood support the cricket players, just as it is aware that at least a small number do not. The petition cited by the Clarks as supporting their desire to eliminate or reduce cricket play at Ortega Park does not specifically address cricket. Those signing were supporting the following statement: "I request public access (no permits required) to at least 50% of Ortega Park athletic field on Sundays. No group will be allowed to dominate the field for the day. No permit will be given to any event requiring more than 25% of the field." (Attachment G, Sample Petition Page). Staff knows that some who signed the petition did not understand what they were signing. Mr. Clark suggests that "fewer than 15 residents petitioned realized that only 22 players were monopolizing the entire field all day." Staff finds this to be entirely plausible. However, staff suggests that one of the reasons so few people realize what is actually transpiring on the field is that very few people are actually aware or impacted. If a large percentage of the neighborhood were negatively impacted by the cricket players, staff would have heard from many more over the past decade, and the vast majority of those petitioned by the Clarks would not have been surprised to hear that cricket was "monopolizing the entire field all day." Some of those attending the recent meetings with staff have indicated a need for more information regarding actual use of the fields before they feel comfortable weighing in on the matter.

• At this time, staff believe that the retention of the multi-purpose character of Ortega Park’s athletic field is important. While it is willing to support (given adequate resources) improvements to the field which will enhance cricket play, it would not support enhancements precluding other types of play.

Despite obvious disagreement between the Clarks, the Cricket Club, and staff on a number of issues, staff also believe there is some common ground which all parties would do well to focus on in moving into the future:

Common Ground

• One of the concerns raised by those critical of cricket play at Ortega Park has been that the Cricket Club does not pay enough for the privilege of using the field. The Cricket Club, of course, would prefer to pay less. Staff is reviewing current fees but believe they are reasonable. Regardless, all those concerned have agreed that this is really not a central issue or primary concern. The fact of the matter is that those concerned with cricket play at Ortega would remain concerned even if the City tripled the fees the Cricket Club currently pays. Their primary concern has nothing to do with money.

• Some of the concerned residents staff met with believe that cricket should continue to be allowed at Ortega Park, but that it should not be allowed to consume as many "prime time" hours as it does. Even the Clarks (who would prefer to see cricket banned completely) have acknowledged that a reduction in cricket play could reduce their concerns. This would obviously require a change in the permits provided the Cricket Club. This year’s season is already underway—permits have been provided and league schedules have already been developed. Staff does not support changes in the Club’s permits for the remainder of this season. However, staff will further explore possible scheduling options with the Cricket Club for next season, including both earlier and later starting times which would force the cricket players off the field earlier and/or prevent them from arriving until later, thereby providing the neighborhood additional access to Ortega field. This coming year will allow staff time to further explore related options. Staff also wants to be clear, however, that it is not sure that imposing further scheduling restrictions on the Club will really benefit the neighborhood. The number of folks wishing to use an athletic field after 4 p.m. or before noon on a Sunday is generally not large, and typically the adjacent Stocklmeier field is available at this time as well. Staff is reluctant to impose constraints on the Cricket Club for the sake of imposing constraints. The exploration of changes in cricket permits is an administrative function, will occur during the remainder of calendar year 2004, and does not require any Council action.

• Some believe that cricket should be forced to live within its permit times and not be allowed to set up earlier or stay later. Please keep in mind that the practice of setting up earlier or staying later is not a violation of any rule or regulation and that many permit holders do the same. The permit simply validates the permit holder’s exclusive use of the site during specific times--it does not prohibit the group from using the site at other times. During non-permitted times, any group--including the Cricket Club--is currently allowed to use the site. However, staff is sensitive to the fact that the presence of a cricket pitch at Ortega Park does draw many more cricket players to this field than to any other in Sunnyvale. While the permanent cricket pitch constructed at Ortega was intended to serve the Sunnyvale Cricket Club, Ortega Park was intended to remain a multi-purpose athletic field and be used by various sport groups. Staff will identify on future cricket permits the fact that cricket play must not start prior to or continue beyond the stated permit times, and the Cricket Club has agreed to restrict its use of the fields to those times stated on its permits. This restriction is an administrative function and does not require Council action.

• Actually, there are two Cricket Pitches at Ortega Park. Through Council action in 1992, a permanent cricket pitch was constructed for Cricket matches in the center of Ortega Park’s multi-purpose field, and staff do not recommend its removal. However in 1995, staff approved construction of an additional practice cricket pitch in the southeast corner of the same sports field as a pilot program. Construction of both pitches was funded by the Sunnyvale Cricket Club.

• The practice pitch was to be used only with safety netting in place to restrict the flight of balls. Without that netting, balls can be hit into adjacent residential properties or place those walking on park pathways in harms way. Users are required to install and remove the netting each time the practice pitch is used. Unfortunately, not all users do so, resulting in multiple and rather frequent unsafe uses of the pitch.

• Use of the practice pitch was to be by permit only and limited to certain months. Because neither staff nor the Cricket Club has been able to devise a practical way to preclude use of the practice pitch, it gets used frequently by those who have no permit and who do not pay for its use. As indicated above, this use is often unsafe as well.

• All parties agree that the Ortega Park athletic field is heavily programmed spring through fall on both weekend days. One can argue that the City does not allow sufficient athletic field space for drop-in, impromptu use by the community on the weekends. On the other hand, this particular condition at Ortega Park is no different than that at most other neighborhood parks and school sites—that is, almost all the City’s athletic fields are programmed heavily on weekend days spring through fall, largely by youth sports groups. In fact, a number of sites are impacted to a far greater degree than is Ortega. If Council desires to create a policy which would set aside a specific amount of time (e.g., 1 p.m. to 5 p.m. on Sundays as proposed by the Clarks) or limit permits to a certain percentage of the athletic field (e.g., 50% as proposed by the Clarks), then staff believes such a policy would need to be reviewed and applied on a City-wide basis—not just at Ortega Park--and that such a policy would have significant impact on existing field users, particularly youth sports. Furthermore, staff believe pursuit of such a policy might be counter-productive and next to impossible to enforce. Staff suggests that if Council wants to further explore such a policy, that a Study Issue paper be developed and ranked by Council for consideration during its normal Study Issue process.

Next Steps

Staff intends to follow through on the administrative actions identified under the section titled "Common Ground" above. In the meantime, there are no related policy issues requiring Council action. While Council certainly has the option of pursuing this issue at the policy level, staff respectfully suggests that Council may wish to wait for the results of staff’s administrative actions before doing so. Compromise which satisfies all parties may yet be reached. If it is not, Council can always pursue any number of policy directions at a later date (e.g., hold a public hearing on Council’s policy providing for a permanent cricket pitch at Ortega Park; establish Council policy governing the scheduling of the Ortega cricket pitch and/or athletic fields; create a Study Issue Paper to consider the removal of the permanent cricket pitch at Ortega Park or to address the feasibility of a policy to preclude athletic field permits City-wide for specific times of day, week, or year; and/or to re-study the feasibility of relocating cricket to other sites in Sunnyvale).

PUBLIC CONTACT
Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the City Clerk’s office, Library, Parks and Recreation Administration, Community Center, and Senior Center.

Copies of this report were provided to Parks and Recreation Commission, Sunnyvale Cricket Club, and Mr. and Mrs. Clark.

Prepared by:
Robert A. Walker
Director, Parks and Recreation Department

Approved by:
Amy Chan
City Manager

Attachments

A.  April 27, 2004, Meeting Sign-In Sheet (.pdf file)
B.  Facts Related to Ortega Park and Cricket Play (.pdf file)
C.  Correspondence from Mr. Clark dated March 27, 2004 (.pdf file)
D.  Site Map of Ortega Park, Ortega Athletic Facilities (including cricket pitches) and Stocklmeier Field (.pdf file)
E.  May 13, 2004, Meeting Sign-In Sheet (.pdf file)
F.  Letter to City Council from Sunnyvale Cricket Club President dated May 31, 2004 (.pdf file)
G.  Sample Petition Page (.pdf file)