State and federal geologists' conclusion that the site is not atop the Hayward fault may not affect Berkeley lawsuit
By Kristin Bender
BERKELEY -- The U.S. Geological Survey and the California Geological Survey have confirmed earlier conclusions that UC Berkeley's proposed athletic center would not be constructed on top of the Hayward fault, according to letters from the agencies released Tuesday by the university. But that new information may not matter to a judge deciding a city lawsuit against the university because it is not part of the official court record. The lawsuit is headed to trial in Alameda County Superior Court in Hayward on Sept. 19. The city of Berkeley in December sued the University of California Board of Regents in an attempt to halt the plan to build a $125 million sports training complex because it says the site is on the Hayward fault. The USGS has said the Hayward fault has a 25 percent chance of triggering a major quake by 2030. The release of the letters comes just days after the city filed its opening brief in the lawsuit to stop the building of the student training center. The brief argues that the university did not adequately analyze the environmental and safety aspects of the project or give adequate consideration to alternatives or mitigation measures. It also argues that UC's approval of the center violates the Alquist-Priolo Earthquake Fault Zoning Act, a state law that bans construction of public buildings near active earthquake faults. But an analysis by Oakland-based Geomatrix Consultants Inc. -- hired by the university -- found no traces of the fault under the sports training center construction site, which is about 100 yards west of Memorial Stadium.
Still, the city wanted the USGS and the California Geological Survey to review the reports and weigh in. After review, government geologists suggested additional tests before issuing a ruling. Geomatrix completed a second study or "addendum" in May. Although that addendum is not part of the official record for the court case, the university says the study is further proof that the area is earthquake safe. "We've made the results of the second Geomatrix study to the court only because they affirm all of the findings in the original environmental impact report, which was what the UC Regents relied upon when they approved the project," campus spokesman Dan Mogulof said. But the city's interpretation of the findings and the university's interpretation differ. City of Berkeley spokeswoman Mary Kay Clunies-Ross said it is still for the court to decide. "It is still for the courts to weigh and measure as part of the lawsuit,'' she said. "We are still very confident in the lawsuit.'' Retrofitting the stadium and building the sports training facility give the university more leverage in keeping head football coach Jeff Tedford in Berkeley. The multimillion-dollar, 142,000-square-foot underground training facility would be used by 13 athletic teams. The university is also planning to retrofit 84-year-old seismically unsound Memorial Stadium, which straddles the fault.
1 comment:
How can the latest findings not be used in court? It seems like the city has no standing to sue because the facility is not on the fault line.
I just hope we don't lose Tedford over this and I fear we will if the facility is not built because you can't get recruits without a descent training facility.
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