Carolyn Jones, Chronicle Staff Writer
(Note from Blogger: Fire up the freakin’ chain saws!)
A state appeals court today refused to block UC Berkeley's plans to build a sports training center next to Memorial Stadium, denying a request from oak tree advocates and a neighborhood group for a new order stopping the project. The court's action came after an Alameda County judge last week lifted her order preventing the university from beginning construction in a grove of trees occupied by protesters opposed to the campus' plans for the $124 million center. "As far as we're concerned, we're clear to begin construction," said campus spokesman Dan Mogulof, who added that he did not know when the university will act. "The State Court of Appeal ruled quickly and decisively on this, and for us that's extremely significant." Any action at the grove adjacent to the stadium will almost certainly bring a confrontation with four remaining tree-sitters who've been living in the grove. Stephan Volker, who represents the tree advocates, including those who are sitting in a grove of trees where the training center is planned, said he will ask the California Supreme Court on Friday to issue a new order blocking the project. "We're disappointed in the Court of Appeals' ruling, but we will persevere," Volker said. Opponents of the training center say it poses serious environmental and safety risks. The city of Berkeley, the Panoramic Hill Association and a group of oak advocates filed suit in December 2006 to stop the university from building the project because of its proximity to the Hayward Fault and the planned removal of several dozen oaks, redwoods and other trees.
While the three-judge appeals panel declined today to issue an order blocking construction, the court said it would hear the plaintiffs' appeal of Alameda County Superior Court Judge Barbara Miller's ruling in favor of the university. Miller ruled that the project complied with state earthquake and safety laws, following the university's offer to limit non-football events at the stadium and remove a grade beam that would have supported the stadium's west wall during construction of the sports training center. The mood was calm today at the oak grove, where a dozen or so supporters of the tree-sitters have been camped for almost two years. "We're just waiting and watching," said "Stump," one of the protesters. "They could cut or they can wait. They have a choice. But if they decide to cut, we're ready for it." Michael Kelly, president of the Panoramic Hill Association, said he was disappointed but not surprised by the Court of Appeal ruling. "This means they can go ahead and start the project," he said. "Certainly we feel there should be an injunction, and we still feel it's in everyone's best interest to wait on this." The university facility would provide offices, locker rooms, meeting rooms, medical exam rooms and training spaces for football and 13 other varsity sports. It would also provide upgraded facilities for the 100 or so coaches and other staff who work daily at Memorial Stadium, a 1923 landmark in dire need of seismic upgrades. The training center is part of a broader development plan for the southeast corner of campus. A parking garage and Memorial Stadium renovation are the next phases of the project. Athletic Director Sandy Barbour said she was "absolutely delighted" by today's court ruling. "The real winners are the more than 400 student athletes who will now have the safe and suitable facilities they deserve," she said.
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