Berkeley City Council Votes Not to Save The Oak Grove

The Berkeley City Council was our last best hope to save the Oak Grove. Tonight they voted not to be part of an appeal of the judges ruling that the university can go ahead with the project. Now the University is free to start cutting trees on Tuesday- July 29. Last minute attempts will be filed by our lawyers but it does not look good, although they may get 20 more days.

Now we move to the next level in our fight for the oak trees and a better world for our children.


Here is the Oakland Tribune article from a little Earlier:

Berkeley City Council considering appealing judge s ruling in sports training center
By Kristin Bender
Oakland Tribune
Article Launched: 07/24/2008 07:36:45 PM PDT

By Kristin Bender

BERKELEY — More than 50 people spoke Thursday night, pleading with the City Council to file an appeal of a judge's recent ruling that will allow UC Berkeley to start building its $140 million sports training center as early as next week.

The council is currently meeting in closed session after taking public comments for nearly two hours from tree-sit supporters and others who oppose the building of the training center where 44 trees now stand.

``It would be such a shame to see the city turn it's back on these people who I have worked so hard with for the past 600 days,'' said Kingman Lim, who has been involved with the tree-sit since the beginning. ``Before you go in, I would like you to think of the words accountability and responsibility to the people.''

The council needs five ``yes'' votes to move ahead with an appeal.

With the July 13 death of City Councilmember Dona Spring, who opposed the project, there are only eight people on the council. Councilmember Betty Olds was not at the meeting. Many asked that Spring be given a proxy vote but that was not allowed. The meeting was loud and rowdy with speakers yelling at councilmembers and the mayor and hissing and booing at the few who urged the city to not appeal.

``If you fail to act, these magnificent old oaks will die and it will be your legacy,'' said Doug Buckwald, a spokesman for Save the Oaks at the Stadium.

The city of Berkeley, the Panoramic Hill Association and the California Oak Foundation all sued to stop the project. A trial was held last fall and on Tuesday Miller ruled in Cal's favor this week.

The California Oak Foundation and the Panoramic Hill Association have both already vowed to file an appeal, but any appeal can only be strengthened if the city — or another group — joins the case.

On Thursday, the Panoramic Hill Association filed a motion for a new trial on the grounds that a new California Building Code now dictates that another part of the project, a shoring system, is now considered an "alteration" to the football stadium, which is not allowed under the plan, said Mike Kelly, president of the association.

A hearing in that matter is set for Aug. 12, he said.

UC spokesman Dan Mogulof said the motion is not a threat to the project whatsoever.

An injunction in place for 18 months will be lifted Tuesday unless plaintiffs in the consolidate lawsuits to stop the sport training center file an appeal and get the injunction extended. When the injunction is lifted Cal can legally remove the trees and start construction.

About 40 people met at the grove at 4 p.m. Thursday, including Gabrielle Silverman, who was walking around with a sandwich board hung over her shoulders urging passersby to get involved with the cause. ``Call the City Council''' one side of the board said. ``Use our phone,'' the other side read.

The group marched to Old City Hall on Martin Luther King Jr. Way, where they rallied on the steps before going inside to speak to the council. There are still four people living in a redwood at the grove. People have rotated through various trees since December 2006 to protest the university's plans to build the center west of Memorial Stadium.

UC police cut off food supplies from ground supporters last month and started sending up a 2,400-calorie diet of energy bars. Late Wednesday UC Police agreed to allow ground supporters to send up one bag of food daily as long as tree-sitters abide by certain conditions, including sending down their waste daily.