Cal: Lawsuits boost facility costs

0 Comments | Oakland Tribune, Mar 21, 2008 | by Kristin Bender

HAYWARD -- The two sides battling over whether the University of California, Berkeley, can build a $125 million sports training center near the Hayward fault were back in court Thursday -- 15 months after the lawsuits to stop the project were filed.

University officials say the legal wrangling has already increased the project cost by at least $10 million, to about $135 million. And it could be weeks, maybe months before Alameda County Superior Court Judge Barbara J. Miller issues a written ruling on the three consolidated lawsuits against the university.

Lawsuits were filed by the city of Berkeley, the Panoramic Hill Association and the California Oak Foundation because of concerns over traffic, safety and the elimination of a grove of trees where the sports training center is to be built.

At issue in the trial is whether the sports training center is a separate structure from the seismically unsound Memorial Stadium, which straddles the Hayward fault.

The Alquist-Priolo earthquake fault zoning act of 1972 prohibits alterations or additions to existing structures to be built on earthquake faults where the cost of the alteration or addition exceeds 50 percent of the value of the existing structure. The value of the 85-year-old bowl, with its cramped quarters, crumbling wood seats and outdated sports facilities, is not known, university officials have said.

Miller is trying to decide what constitutes an alteration or addition to a building under the Alquist-Priolo act. UC Berkeley claims the new sports center is a separate structure and therefore does not violate the act.

A trial was held in October and Miller was expected to issue a ruling by January. But then she called for expert testimony on whether the training center is a separate structure.

On Thursday, Miller said the court has "substantial evidence" from experts that some plans for the sports training center are not alterations or additions. Those plans include the demolition of stairs in the stadium, changes to a wall between the stadium and the sports center, communication lines that will be routed through the stadium and some grading work.

University of California attorney Charles Olson said eight experts have given Miller 11 different written declarations as to why the sports training center is a separate structure. Olson said the expert testimony will help Miller reach a final decision -- hopefully sooner than later.

University officials say the sports training center is not on an earthquake fault -- only near one.

Stephen Volker, an attorney for the California Oak Foundation, said Thursday the Alquist-Priolo act is "about not putting more money into buildings that are on faults. It's about keeping people away from the faults."

Contact Kristin Bender at kbender@bayareanewsgroup.com or 510- 208-6453.