Council Rejects Athletic Center Settlement

A court showdown is likely after the Berkeley City Council voted in closed session last night to reject a settlement offered by the university in a lawsuit over proposed renovations to Memorial Stadium.

The city of Berkeley, the California Oak Foundation and the Panoramic Hill Association filed lawsuits against the university in December. They cited concerns about seismic safety, the proposed clearing of a grove of oaks and increased traffic.

As the case’s Sept. 19 hearing approaches, city and campus representatives said recently they would like to avoid going to court.

Yet some city officials said that they didn’t feel yesterday’s proposed settlement offered enough compromises.

“I think the council was very clear that it expects a lot more,” Councilmember Dona Spring said after the vote last night. “(The settlement) offers nothing new.”

The proposed settlement largely reiterates previously offered compromises.

It says three trees, including one large, nursery-quality oak, will be planted for each oak tree that is cleared.

The document also says the campus will not add more parking spaces beyond the number that currently exist or schedule especially noisy events, such as concerts, at the stadium.

The university added a proposal to retrofit the stadium at the same time as building the athletic center, which officials said would achieve earthquake readiness more quickly than completing the projects separately.

City Attorney Manuela Albuquerque said she does not “consider the offer to be serious.”

Albuquerque cited the fact that the settlement was faxed to the city late yesterday morning, among other factors.

According to the settlement offer, the university “fully expects and welcomes anticipated responsive dialogue and negotiation.” But city officials said they are not interested in talking, given their previous attempts to discuss a settlement.

“They had a chance to talk with us in February, but they missed that,” Albuquerque said.

However, Dan Mogulof, campus executive director of public affairs, said the university was more then ready to go to court.

“We are very disappointed that the city is opting for the winner-take-all environment of the court system,” he said. “(But) we are completely confident that we will prevail in court.”

The council’s 7-1-1 decision came after about two hours of public comment where both proponents and opponents of settling voiced their concerns.

Councilmember Gordon Wozniak voted in favor of settlement but could not be reached for comment last night. He said late last week that he would support a settlement to both improve relations between the city and the campus as well as help student athletes.

Councilmember Kriss Worthington abstained and could not be reached for comment last night.

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