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Press
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FOR
IMMEDIATE RELEASE
Statement from Mayor Tom Bates
Regarding UC Lawsuit
I understand from recent media
reports that Chancellor Birgeneau has indicated that he wants to negotiate
a settlement of our pending lawsuit regarding their planned athletic
center and office complex to be built adjacent to Memorial Stadium.
As Mayor and as a former Cal football player, I share in the desire
to see this disagreement resolved quickly and fairly. From the beginning, I have
maintained that a negotiated settlement that addresses our significant
public safety and legal issues is a preferred outcome.
It is regrettable that the University made no offer at the
Court-mandated settlement conference in February and has yet to submit any
settlement offer to the City in this litigation.
In fact, the University’s lawyers have at all times urged that
this case be expedited to a court resolution.
The University sent a letter to the City Council and me last month
with an update on their plans – including modest changes such as a
reduction in their new parking lot and improved landscaping – but made
no offer to negotiate. It is also important to note that
the City is one of four entities engaged in legal action over the
University’s proposed Stadium projects and even if the City were to
reach an acceptable resolution, the lawsuit would likely continue. Be that as it may, I take the
University’s recent public statements regarding their interest in a
mutually acceptable settlement at face value and believe every reasonable
avenue should be explored. The
City Council will be meeting in closed session with its lawyers to discuss
the litigation on Tuesday, September 4th.
If the University wishes to propose a settlement of this case, it
should provide that information and any proposal to our attorneys so that
the Council and I can consider it promptly. I want to be clear that the City
did not take legal action over this project lightly. The City of
Berkeley is responsible for fire and emergency medical response to all
campus facilities and the suit came only after the University failed to
address the public safety, planning, and legal concerns raised by our
staff. Our concerns were
validated by the Court, which issued an injunction to block the University
from proceeding with the project after finding the City made “a strong
showing of likelihood of success.” These are difficult issues and I am not surprised that they are generating significant discussion and controversy in the community. However, I believe the City has been correct in raising these concerns and that the significant public safety and other issues need to be fairly resolved.
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