Sharks file suit over BART expansion
Team cites parking, construction issues near SAP center
SANJOSE » It’s only been a week since BART officially approved its extension into downtown San Jose and Santa Clara, and already, it’s facing a lawsuit that could potentially delay the project.
The Sharks Sports & Entertainment company hit the agency Thursday afternoon with a lawsuit alleging that it, along with the Santa Clara Valley Transportation Authority ( VTA), failed to adequately plan for construction impacts and lost parking near the SAP Center, where hockey games and concerts are held.
Company representatives were very clear: “We are completely supportive of BART coming to San Jose,” said Sharks Sports & Entertainment President John Tortora. But, he added, the concerns about parking and construction must be addressed. The company manages the SAP arena and owns the team.
The legal challenge comes as BART and the VTA, which is funding the construction and operation of the four- station extension to San Jose and Santa Clara, are seeking $1.5 billion in federal grants, about a third of the project cost. Federal officials consider local opposition when deciding whether to dole out funds.
It took months for the VTA and BART to agree on whether to use one or two tunnels for the $ 4.7 billion extension, which runs mostly underground. The VTA pushed for a single tunnel, a technique that’s never been used before in passenger rail in the United States, because it is less disruptive to businesses during construction and doesn’t require large swaths of the street to be torn open.
But, that wrangling, coupled with a desire to quickly obtain federal funding, resulted in promises for a construction management plan without many details in the plan itself, Sharks representatives said.
The suit, filed in Santa Clara County Superior Court, asks that the VTA rescind approval of the project and stop all work until it completes a clearer plan for managing the construction phase and can prove it is providing adequate parking for BART riders without impacting neighbors and businesses. The arena is on Santa Clara Street, right along the path of the multi-year construction project.
The VTA declined to comment on the suit, saying the agency had not had time to review it.
In its final environmental impact report, the VTA said construction near the SAP Center “may result in lane or road closures” but that it would “coordinate with the … event centers to provide information regarding lane closures and detours and provide wayfinding signs during construction.”
For the SAP Center, it’s “too little, too late,” the suit says.
“The VTA has identified a construction zone with a red dotted line around a map,” said Sean Morely with the consulting group Morley Bros., which advises the Sharks. He added the transit agency failed to provide specifics. “Had they done that, I think it’s fair to say (Sharks Sports & Entertainment) would be a lot more comfortable about where that process is today.”
Nor has the VTA adequately planned for the long-term future of parking at the station, Morely said. A 1,300- space parking garage near the station was originally contemplated to accommodate both BART riders and Sharks fans, along with any other downtown visitors. But, the eight- story structure was scrapped in the final version of the plan. Sharks fans and concert goers often park at Diridon Station on land owned by the VTA and Caltrain. The SAP Center staffs those lots during events but doesn’t get any parking revenue from them.
The company’s demand for parking spaces flies in the face of previous statements from Mayor Sam Liccardo, who said the city is planning Diridon and downtown San Jose “for people, not cars.” Liccardo did not immediately respond to a request for comment.
Morely said that even with the advent of ridehailing, shared bike and scooter services and autonomous cars, San Jose is still decades away from fully transitioning from a large suburban town to a truly urban city.
“As ( public transportation services) improve over time, is it likely more riders are going to transition? Yes,” he said. “Is it unreasonable to assume that the vast majority of fans are going to come to the SAP Center by those methods? Absolutely unreasonable.”