A letter from Athletic Director Sandy Barbour.

Finally some truth in a sea of torrent lies!

Dear Friends of Cal Athletics:

I want to ensure you that despite a recent ruling granting a preliminary injunction against the entirety of the Southeast Campus Integrated Projects, including the proposed Student-Athlete High Performance Center , we remain completely committed to the project. We fully believe it is only a matter of time before our state-of-the-art facility is completed adjacent to historic Memorial Stadium.

We consider Judge Barbara Miller's decision to postpone work on the project until a summer trial only a temporary setback and that we will succeed on the merits of the case. The suits brought by the City of Berkeley, the California Oak Foundation and the Panoramic Hill Association are only serving to delay building a center that will improve the life safety and everyday conditions for the hundreds of Golden Bear student-athletes, coaches and staff who use Memorial Stadium on a daily basis.

The court, which had only a few days to review a large set of complex issues, had concerns about the project's conformity with CEQA (California Environmental Quality Act) and APZA (Alquist-Priolo Fault Zoning Act). Compliance with these two state statutes has been at the forefront of our planning process from the very beginning. With our team of expert geologists and engineers, we believe we have fully complied with the law and will prevail when the court case is heard.

Last week, after a short hearing in Superior Court, Judge Miller finalized the Preliminary Injunction prohibiting us from “taking any further action to implement the Southeast Campus Integrated Projects including … the Student Athlete High Performance Center, if such action would result in change or alteration to the physical environment.” This ruling does allow us to continue the essential design, planning, soils testing, contracting and bidding elements of the High Performance Center and preserves the University's authority to manage and operate the site as it has done for decades.

The High Performance Center was designed with a budget of $125 million, and we have raised nearly $100 million so far. Over the ensuing months, we will continue our planning and fundraising for the High Performance Center so that when we do get the go-ahead, we will be ready to move forward as soon as possible. Once we are able to break ground, we anticipate construction lasting 20-24 months.

We cannot let the plaintiffs' actions or the preliminary injunction slow down our momentum for this important first phase of the Memorial Stadium renovation. However, with construction costs in the Bay Area constantly rising, the delay means an increased cost to the project, although it is hard to give an exact figure at this time.

We are currently developing a new Web site for the stadium project that will contain press releases, frequently asked questions, renderings, video statements from UC staff, and updates on fundraising and naming opportunities. This site will be accessible through CalBears.com, and we expect to have it completed by the end of the month.

If you have any questions concerning the Student-Athlete High Performance Center , please contact the Athletic Development office at (510) 642-2427 or via email at bearback@berkeley.edu.

Go Bears!

Sandy Barbour

Director of Athletics

F.A.Q

What does the preliminary injunction issued by Judge Barbara Miller Jan. 29 mean to the Student-Athlete High Performance Center ?

We are certainly disappointed in Judge Miller's decision to issue an injunction and move the case toward the trial phase. We believe that the campus has done very thorough work with regards to seismic and environmental impact issues, and that we will eventually prevail on the merits of the case. It is unfortunate that we are going to be delayed starting on a building that will improve the safety and the everyday conditions for the students, student-athletes and staff who use Memorial Stadium on a daily basis. We will continue our planning and fund raising for the new facility so that when we do get the go-ahead, we will be ready to move forward as soon as possible.

Why did Judge Miller issue the injunction?

Judge Miller is concerned about the project's compliance with CEQA (California Environmental Quality Act) and APZA (Alquist-Priolo Fault Zoning Act). Compliance and adherence to these two state statutes have been at the forefront of our planning effort from the beginning, and we believe we have met and exceeded these requirements in all cases. Our engineers, using modern materials and designs, are steadfast in their convictions that this building will be safe, even with the proximity to the Hayward Fault. The judge was asked to rule on a complex issue in a short amount of time – the campus will prepare up to 45,000 pages of documents for the court to certify for the trial phase – and we trust that a full review will confirm our belief that we have fully complied with the law and will be able to proceed with the project.

What is the primary issue contested by the plaintiffs?

The City of Berkeley has provided documentation to suggest that there may be a question about the seismic activity at the extreme edges of the High Performance Center's footprint. Our experts maintain that the footprint is clear of active faults. We will further explore the remaining 5 percent of the footprint that is in question to solidify our position that the site is seismically safe. All of the work that we are performing is being done with safety as the driving force.

What are the next steps in the case?

The court's ruling means that the case is headed towards trial. After close consultation with the Office of General Counsel and appellate court experts, the university decided not to appeal the decision. An appeal, if accepted, would likely take a year or more to resolve, during which time the trial court hearing and resolution would be on hold awaiting the appellate court decision. We expect the case to be heard in early to mid-summer and a ruling issued shortly thereafter.

Does this ruling jeopardize the Student-Athlete High Performance Center?

No, the recent ruling granting an injunction only sends the case to the next stage of the legal process. We remain steadfast in our belief that we will prevail on the merits of the case when they are presented at trial.

How much will the ruling delay the project and add to its cost?

Unfortunately, the judge's ruling means that there will be a delay in moving our student-athletes, faculty and staff into a facility that will improve their everyday and life-safety conditions. Once we are given the go-ahead, we anticipate construction lasting 20-24 months. With construction costs in the Bay Area constantly rising, the delay will mean an increased cost to the project, although it is hard to give an exact figure.

What actions can take place during the injunction?

Although the ruling prevents the University from taking any action that would implement the project at the site, it does allow us to continue the essential design, planning, soils testing, contracting and bidding elements of the High Performance Center and preserves the University's authority to manage and operate the site as it has done for decades.

What is the recent construction activity at Memorial Stadium?

Geologists dug a short trench at the south end of Memorial Stadium Feb. 1 and several borings will be drilled near the northwest edge of the site as part of a focused investigation to compliment existing data. The testing is being done to confirm the suitability of the entire site for the High Performance Center and is specifically allowed under terms of the preliminary injunction.

What is the budget and how much money has been raised for the project?

We currently estimate that the Student-Athlete High Performance Center will cost $125 million. To date, we have close to $100 million gifts and pledges and expect to raise the balance in the very near future.

Why is it important to build Student-Athlete High Performance Center next to Memorial Stadium? Why can't it be built some place else?

A high priority was put on placing the center close to where student-athletes train, practice, compete and study, more effectively integrating their athletic and academic endeavors and ensuring efficient use of their time. Specifically, the selected site will become the hub of student-athlete activities and provide an ideal geographical relationship with Maxwell Family Field, Witter Rugby Field, Levine-Fricke Field, the Golden Bear Recreation Center and Memorial Stadium.

In recent years, the university looked extensively at other sites; these included Witter Field, below ground east of the stadium, the site of the Athletic Ticket Office at 2223 Fulton St., near Golden Gate Fields in Albany, and within the current west wall of the stadium. The selected site best serves students and best meets the goals of the project. It also solves important issues of access and circulation around the stadium by creating a broad plaza atop the student-athlete center. The planned center is about improving conditions for the success of our student-athletes and ensuring the life safety of the students and staff who use the stadium 365 days a year.

Why not put the center on Maxwell Family Field?

Future development of Maxwell Family Field will address parking and sports field needs identified and approved in the campus 2020 Long Range Development Plan. Further, Maxwell Field is intensively used by students in intercollegiate programs, club sports and intramural activities, as well as for pick-up soccer and other games.

Wouldn't it be safer to build the student-athlete center someplace else?

UC Berkeley — and much of the Bay Area — has to deal with building near earthquake faults. The structural engineer for the project reports that the design requirements for seismic safety for a building on this site are no different than if the building were in downtown Berkeley. Haas School of Business was built just across the street from the stadium, and UC Berkeley's newest, most modern science building (Stanley Hall) is just down the street, also close to the fault. Proximity to faults — and designing to mitigate the hazard — is a reality of living in the Bay Area.

Why do so many trees need to be removed from the site?

The campus cares deeply about its trees. Our first priority, however, is the safety of our students and staff. The new Student-Athlete High Performance Center will move student-athletes into a modern facility that will be engineered for seismic safety. Unfortunately, some of the trees on the site will have to be removed to make way for the center. Nearly all of these trees were planted by the university when the stadium was built in 1923 – it is not an ancient grove as has been erroneously reported – and the campus will plant three new trees for every specimen removed as part of the plan for the new center.

What should be understood about the oak trees?

In developing any project, you have to weight costs and benefits. The Student-Athlete High Performance Center is about improving conditions and life safety for student-athletes, coaches and staff who will use the facility. After weighing all of the priorities and looking at many different options, the planned center is clearly the best and only viable option. In order to mitigate the loss of trees being removed for the project, the plan calls for three trees to be planted for every one removed; 142 new trees will be planted around the stadium. Of those, 61 trees are to be planted at the site of the High Performance Center.

Is this an old-growth oak grove? How old are the oldest trees?

No, this is not an old-growth oak grove. As part of the Environmental Impact Report (EIR), the campus had an historic landscape report done. It found that most of the trees in the area were planted when the stadium was built in 1923. Before that, the site was part of a residential garden, a cultivated landscape. Four trees on the site — three oaks and one redwood — are believed to pre-date the stadium.

How are seismic safety concerns related to the stadium being addressed?

By building the student-athlete center first, we are addressing the most significant life-safety threat by moving the students-athletes, coaches and staff who train and work in the stadium every day into a new, safe building. It is the necessary first step in future plans to renovate the stadium. The Hayward Fault does run through part of Memorial Stadium, and the second phase of the master plan for the stadium addresses seismic safety and other improvements to the stadium.