March 1, 2005
SUBJECT: Information Only Update: Cricket Play at Ortega Park (RTC 05-050)
REPORT IN BRIEF
On July 13, 2004, staff presented an “Information Only” Report to Council addressing conflict between cricket players and some of the residents living near Ortega Park (attached). Prior to that date, Council had received separate correspondence from both parties regarding their respective frustrations. In its report, staff attempted to focus on common ground, outlining four administrative actions it intended to pursue during calendar year 2004 which it hoped would help resolve, or at least mitigate, both parties’ concerns. This report simply provides Council an update on those administrative actions.
BACKGROUND
Please see Attachment A, Information Only Report to Council No. 04-231 dated July 13, 2004, titled “Cricket Play at Ortega Park.”
EXISTING POLICY
Goal A. Manage a comprehensive open space program that is responsive to public need, delivers high quality customer service and exemplifies the city's commitment to leadership in environmental affairs.
Policy A.1. Encourage active citizen involvement in the development and management of open space.
Action Statements:
A.1.a. Provide opportunities for public participation in planning the development and management of open space.
A.1.c. Provide a mechanism that receives and responds to public comments on the design, effectiveness and condition of sites and facilities.
Policy A.2. Provide consistently high quality customer service through attractive open space, parks, and facilities which invite and facilitate public use.
Action Statements:
A.2.b. Develop, redevelop, modify or enhance sites and facilities based upon the findings of periodic needs assessments.
A.2.c. Encourage responsible use of the open space system through positive public relations and communication.
Goal C. Maintain a system of parks that assures all residents, workers and visitors access to recreational opportunities by providing neighborhood parks, athletic/play fields and special use facilities.
Policy C.1. Provide, develop and maintain Neighborhood Parks.
Policy C.2. Provide, develop and maintain Athletic/Play Fields.
Policy C.4. Provide, develop and maintain Special Use Parks and Facilities.
Action Statements:
C.4.c. Provide for a balance between general recreation uses and special interest uses in parks and facilities.
DISCUSSION
1. Fees Charged the Cricket Club
Cricket players are subject to the same fee schedule as any other athletic group (i.e., soccer, softball, etc.). They receive no special discount and have entered into no “special agreements” with the City to date. In accordance with the standard fee schedule, the Cricket Club is currently charged $175 per day ($25 per hour/maximum charge of $175 per day) for a permit to use Ortega’s cricket field. Some neighbors feel this fee is too low, given the fact that use of a formal cricket pitch requires more space than any other sport. However, staff believes that charging adult soccer, cricket and softball teams the same rate is fair given the fact that all three sports preclude any other organized use of the multi-purpose field at the same time (as opposed to little league or youth soccer which can accommodate simultaneous play).
The Cricket Club does pays the reduced resident rate due to the fact that it is generally a resident who makes the reservation (non-residents pay $40 per hour). This is another sore point for some neighbors, who feel as though one resident should not be able to receive a fee reduction for the entire team, some of whom are not residents. However, in this respect the cricket team is no different from any other team or group of picnickers (that is, one resident picnicker will often pay the permit fee for a group which includes many non-residents as well). Even if staff wanted to charge a differential in this regard, it would be very difficult to monitor or enforce.
On the flip side, the cricket players would love to pay less and have often attempted to negotiate lower fees based on the facts that they provide a regular revenue stream to the City and that they helped to construct the original cricket pitch. Thus far, staff has not afforded them any price break for these reasons.
Staff believes that the current charges are fair and reasonable. Having reviewed this issue, staff does not intend to change the fee structure currently in place for use of the City’s multi-purpose fields, other than to continue adjusting for inflation as warranted.
Neither the cricket players nor the concerned neighbors will be entirely satisfied by staff’s position regarding fees. However, both parties also agree that this is really not a central issue or primary concern. The fact of the matter is that the concerned neighbors would remain concerned even if the City tripled the fees the Cricket Club currently pays, and the Cricket Club would continue using the City’s fields even were the City to raise its fees. The primary concern of each party revolves around use patterns, not fees.
2. Use Patterns
At the same time that Council approved creation of the cricket pitch at Ortega Park in 1992, it acted to “allow the Silicon Valley Cricket Club (now known as the Sunnyvale Cricket Club) to request the use of this site on an annual basis, and in accordance with established field policies.” Ever since then, this site has been permitted exclusively for cricket play most Sundays, 10 a.m. to 5 p.m., April through September, based on permit requests submitted by the Cricket Club no later than March each year.
Some residents believe this is far too much time to devote to cricket play. Other residents support the cricket play. Staff believes this reflects a reasonable use pattern given the sport of cricket, the establishment of a formal cricket pitch at this site, and the availability of adjacent open spaces in Ortega Park and Stocklmeier School that others can access simultaneously. Staff does not intend to issue exclusive use permits at the Ortega multi-purpose field for cricket play outside of this timeframe. This does not, however, preclude unscheduled, informal, “pick-up” cricket play at this or any other park site.
Staff anticipates addressing this issue when it reports back to Council later this year on the Study Issue regarding Exploring Exclusive Use Permits for Parks and Open Spaces. Given Council’s policy governing “Relationships with Outside Groups,” staff also plans to present for Council’s future consideration an Agreement between the City and the Sunnyvale Cricket Club pertaining to its use of storage facilities and advance reservation privileges at the Ortega cricket pitch.
3. Sticking to Permitted Times
Another concern of some neighbors is that the cricket players have often set their field up for play prior to the starting time indicated on their permit, and that they have often played beyond the ending time stated on their permit.
Staff will identify on future cricket permits the fact that cricket play must not start prior to or continue beyond the stated permit times. While this may seem like common sense, the practice of setting up earlier or staying later than stated permit times is not a violation of any rule or regulation, and many permit holders do this on a regular basis. The permit simply validates the holder’s exclusive use of a site during specific times---it does not prohibit any group, including the permit holder---from using the site at other times. Staff intends to follow through with this commitment when permits are issued for the 2005 cricket season, and the Cricket Club has agreed for the sake of positive public relations to restrict its use of the fields to those times stated on the permits.
4. Removal of Practice Pitch
While the Cricket Club has expressed a desire to keep the practice cricket pitch, there is no way to alleviate existing safety concerns without constructing a permanent batting cage around it. The Cricket’s Clubs attempt to develop such a batting cage via a process previously approved by City Council (which requires near neighbor support and Commission approval) was unsuccessful. If the Club still desires to develop a permanent batting cage/practice pitch, it will need to do so through the normal legislative/City Council process.
It is worth noting that while staff’s sole interest in removing the practice pitch has to do with park visitors’ safety, its removal may also help to alleviate some of the neighbors’ concerns regarding use of the site by cricket players. Many of those using the practice pitch have been drop-in users not associated with the Sunnyvale Cricket Club. In fact, the Club believes that much of the behavior attributed to it by some neighbors is really that of other cricket players.
It is staff’s hope that the administrative actions detailed above will resolve much of the tension currently existing between cricket players and some of the neighbors surrounding Ortega Park and that improved relations between the two parties will result.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
Copies of this report have been provided to the Sunnyvale Cricket Club and to those members of the public who met with staff in May and April of 2004 to express concerns regarding cricket play at Ortega Park.
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.
Reviewed by:
Robert A. Walker, Director, Parks and Recreation
Prepared by: Robert A. Walker, Director, Parks and Recreation
Approved by:
Amy Chan
City Manager
Attachments
A. Information Only Report to Council No. 04-231