Lawsuit over Cougar Field settled between Albany school district and City of El Cerrito

By Linda (Linjun) Fan

The Albany Unified School District settled a lawsuit with the City of El Cerrito last week, after it agreed to take a series of measures to reduce environmental impacts of the Cougar Field renovation project over El Cerrito residents.

The 7.6-acre Cougar Field, the major sports field for various Albany teams, belongs to the Albany school district but is located within the boundary of the City of El Cerrito.

The Albany school district decided to renovate the field in 2005, planning to replace the field’s dirt track with all-weather surface, construct a new field house and a grandstand, and install eleven 70-feet-tall field lights to enable year-round night events.

However, the plan has been opposed vehemently by El Cerrito residents living close to the field, who believe that the project would bring about significant noise, traffic and safety problems to their neighborhood.

“They are just doing what they want. They don’t care about us, ” said Michael Graf, an El Cerrito resident living next door to the field.

Graf has been urged the school district to change its plan since the spring of 2006. A number of residents of Behrens Street of El Cerrito joined him in seeking retricted use of the field, and opposing lighted nighttime games and practices.

The Albany school district prepared environmental impact reports, and updated them with more mitigation measures several times, including the elimination of seven field lights.

But the residents thought the measures were inadequate and their voices ignored. The Behrens Neighborhood Association and the City of El Cerrito filed lawsuits respectively against the school district in July, 2007.

After nearly ten months’ negotiations, a settlement was recently reached between the City of El Cerrito and the Albany school district.

According to the agreement, the Albany school district will schedule fewer night events at the field, shorten lighting hours, and build a sound wall to block noise. It also agrees to pay the costs of posting El Cerrito police officers at the field during night events, and deal with potential parking congestions.

No more than ten night events would be scheduled to use the field lights till 9:30 p.m., and the field lights would be turned off by 8:00 p.m. during ordinary days, according to the agreement.

“I would like to see the lights on a little bit later, but I think we’ve got a good compromise, ” said Board Member Ron Rosenbaum.

“Reaching an agreement is always beneficial to the two sides of the litigation, ” said William Wong, Superintendent of the school district.

The Behrens Neighborhood Association hasn’t given up the lawsuit against the school district, however.

“There are still no restrictions on use by outside groups; they can play till dusk with additional security lighting for another hour: in June and July that goes to 10 pm, ” said Graf.

No talks have been held between the two sides in the past two months.

“I am not optimistic as I was to reach an agreement, ” said Charles Blanchard, President of the Board of Education.

5 Responses to “Lawsuit over Cougar Field settled between Albany school district and City of El Cerrito”

  1. Anonymous Says:

    Your article should say “fewer night events” rather than “less night events”.

    The rule in English is that one uses “less” for things one cannot count (e.g., “less peace,” “less courage,” “less happiness”) and “fewer” for things one can count (e.g., “fewer annoying email messages”).

  2. Don Schumacher Says:

    I’m happy to read about the settlement. I’m also hopeful that the project will be completed soon, without additional delays, and that the people of the community, children and adults, will be allowed to use the facility again.

    It is important to note that “outside groups” and individuals have been using the facility until dusk for decades. I hope and expect local people (that’s who the outside groups are) will continue to exercise and compete until dusk.

    Lastly: a correction. The current plan, the plan that is being built, calls for only four 70′ light poles, not eleven. Playing lights for the baseball field were eliminated from the plans last year. Security lights on much shorter poles are being installed; it would be irresponsible to build this facility without security lighting.

  3. Linda (Linjun) Fan Says:

    Thanks a lot for the comments, Don.

    And many thanks to the anonymous reader for correcting my grammar mistake! :)

  4. Pearson Miller Says:

    Delays to the project were never due to neighborhood opposition; that is a convenient red herring floated by someone in the district. When neighbors use the term “Outside Groups ” that refers to organized use by large groups who pay a fee. Neighbors and citizens in the district who want to jog on the track, kick a soccer ball, or throw a frisbee with their kids represent the historical non-school use of the field. Those uses are not “outside groups”, and we all hope the district will allow such use to continue. In the neighbor’s view, continued use at those historical levels is fine. However, with a vastly improved facility, there is the opportunity to rent the field for profit; for example adult baseball and soccer summer leagues, with security lights enabling summertime use past dusk. The district’s own proposed guidelines include renting for events to be attended by over 500 spectators; and the district has refused to place any binding limits on renting the field while at the same time claiming exemption from all zoning for the entire facility as a “classroom facility”. They can’t have it both ways.

  5. Don Schumacher Says:

    The project has been delayed for a variety of reasons; one of the reasons is neighborhood opposition. To say anything else is factually incorrect. The speed or pace of the contractors is another reason.

    Cougar field has been paid for with public money. There is state law that applies to the use of the facility. AUSD must allow organized and unorganized groups, large and small, use of the field. State law. The same state law that applies to athletic and community facilities located in the city of El Cerrito and paid for with public money. School related use and community related use: yes, we can and must have it both ways. Even without state law, this is the just and proper position for AUSD to take.

    Rent the field for profit? Non-profit (501-C-3) groups, such as youth soccer, will pay very little. “For profit” groups will pay market rate. Again, as it should be. Will the facility be a cash cow for the district? No.

    Is it a “classroom facility”? Over 1000 PE students a day and their parents would say “yes”. Is it the same as a chemistry or Spanish classroom? No.

    Will there be greater demand? Of course there will be. It’s brand, spanking NEW, not old and crappy. Maybe 5000-10000 people a day ride past on BART. Some of them are awake. Some might look out the window and think “Wow! a new field! maybe my team could play there.”

    “Vastly improved”?… I hope so. It’s NEW. Limiting use to “neighbors and citizens in the district”? If that means El Cerrito neighbors and people who live in Albany: No, not feasible and maybe illegal.

    Will there be increased use compared to recent historic use levels? Probably, yes. It’s NEW. Baseball played after dark? No, too dangerous.

    Of course there are guidelines and binding limits on renting the field. To say anything else is factually incorrect. Please read the documents detailing the settlement of the lawsuit brought by the city of El Cerrito. The circus will not be allowed. Cirque de Solei will not be appearing anytime soon. Please read the EIR.

    The facility will close at dusk except for school use. If people are using the fields for any purpose after dusk, it may be necessary to call the police. Exactly like in years past. There will also be a caretaker, on site, asking to see proper permits and asking non-scheduled, organized “outside groups” to leave. Just as it should be.

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