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Stadium update

Student athlete training center and Memorial StadiumA periodic briefing on the Student-Athlete High Performance Center, from the Office of Public Affairs

Archaeological study complete at athletic facility construction site

Thursday, January 8, 2009

An extensive geoarchaeological investigation commissioned by the University of California, Berkeley, has found no evidence of prehistoric Native American artifacts or human remains beneath the construction site for the campus's new Student Athlete High Performance Center.

The full report on the investigation's findings was released Jan. 8 by William Self Associates, one of the nation's leading consulting firms on matters related to archaeological and historical preservation.

According to the report, the "debris observed in the field and noted during lab analysis is believed to have been associated with the construction of Memorial Stadium in 1923 or with private residences that were...located within and around the project area.

Tree-sitters descend from redwood to end protest peacefully

protesters, police and construction workers around top of redwood
As police negotiate with protesters from a basket dangling from a crane Tuesday morning, construction workers continue to remove branches as they build a scaffold ever higher around the redwood near Memorial Stadium. (Steve McConnell/NewsCenter photo)

Print-quality images available for download

Tuesday, September 9, 2008

The last four protesters climbed down from their perch atop a redwood tree outside Memorial Stadium early Tuesday afternoon, peacefully ending a 21-month tree-sit to protest construction of UC Berkeley's new student-athlete training center.

The protest ended after workers erected a scaffold encircling the 100-foot-tall tree, reaching up to the few remaining branches at the top where the tree-sitters had taken refuge. UC Police Chief Victoria Harrison negotiated with the protesters throughout the morning from a basket suspended by a giant crane, eventually securing their agreement to end the protest without injury. The four men descended one by one to the scaffold's top platform, where they were met by UC police and led away in handcuffs.

Nearly all trees removed from training center site; 4 tree-sitters remain

Monday, September 8, 2008

Arborists working for UC Berkeley have nearly completed clearing the site of the new student-athlete center to be built adjacent to California Memorial Stadium. As of Monday morning, all trees slated for removal had been taken down, save for one redwood tree designated for transplanting, and another redwood where four protesters continue to occupy the few remaining top branches.

As crews worked to finish removing stumps and wood chips, an agreement by the campus to allow the continued supply of food and water to the remaining tree-sitters expired at 9 a.m. Monday. UC Berkeley spokesman Dan Mogulof said campus officials are now evaluating options as they seek to end the 21-month protest.

Campus police spent much of Sunday negotiating with the tree-sitters, seeking to finalize a previously mediated agreement under which the protesters would voluntarily descend from their perch in the redwood. However, the tree-sitters and their supporters were unable to come to agreement among themselves before a 7:30 p.m. Sunday deadline, Mogulof said.

Campus begins cutting trees to clear site of future student-athlete center

Friday, September 5, 2008

In the wake of a California Court of Appeal ruling denying requests for additional delays, UC Berkeley began clearing the site adjacent to California Memorial Stadium today, making way for construction of a new student-athlete center. A tree service began cutting trees on the site at about 3 p.m. The work will continue through the weekend.

On Thursday the appeals court "summarily denied" requests for additional stays or a new injunction on construction. Arborists under the supervision of the campus began pruning work this morning to ensure that the last of the four protesters remain confined to a single tree.

"Now with the four protesters isolated in one tree," the clearing of the rest of the site should move quickly, said UC Berkeley spokesperson Dan Mogulof. He added that the university "is going to continue to explore every possible avenue that will allow us to avoid forcible extraction. We hope and expect that over the next few days, the realities of the new legal situation will sink in, and that this will lead them to come down."

Court of Appeal clears the way for student-athlete center

Thursday, September 4, 2008

The California Court of Appeal late this afternoon "summarily denied" requests that it impose additional stays or a new injunction on UC Berkeley, effectively clearing the way for the university to begin construction of its new student-athlete center adjacent to California Memorial Stadium.

The court refused to impose an immediate temporary stay of construction activities and a 20-day stay to allow further review of the case, and it denied the appellants' request for a new injunction to prohibit construction.

In her final ruling on the case on Aug. 26, Alameda Superior Court Judge Barbara Miller had removed the temporary injunction that had been in place since January 2007, and she accepted the university's binding promise to refrain from construction activities at the site, pending word from the Court of Appeal.

The California Oak Foundation and stadium neighbors in the Panoramic Hill Association filed their appeal of Judge Miller's ruling on Aug. 27.

Additional details will be made available once the university has had time to review the court's disposition, which is available on the Court of Appeals website.

Judge affirms her ruling supporting university; campus will await word from appellate court

Tuesday, August 26, 2008

Alameda Superior Court Judge Barbara Miller issued her final decision today in the lawsuit over the Student-Athlete High Performance Center, confirming the substance of a ruling she made July 22 that supported UC Berkeley's position on every significant point.

The ruling also accepts changes the university has made to the project in response to the court's June 18 ruling. Those modifications include removal of a grade beam meant to prevent cosmetic damage to the stadium's western wall during construction of the student-athlete center, and an agreement by the university to withdraw a proposal for staging non-football events at the stadium.

Judge Miller also accepted the university's binding promise to refrain from construction activities at the site pending word from the Court of Appeal about when and if the campus may proceed. By accepting this arrangement, Judge Miller agreed that it is not necessary to continue the existing injunction. Legal observers believe the appellate court could make its decision on the injunction within days after petitioners, as expected, file their formal notice of appeal.

"This arrangement means that if and when the Court of Appeal decides not to impose a new injunction, the university will be able to begin work immediately," said campus spokesman Dan Mogulof. "Every additional day of delay will cost the university approximately $40,000, not to mention the additional time our student-athletes will be forced to tolerate entirely substandard conditions. Given the exhaustive, detailed ruling Judge Miller has issued, we feel very optimistic that the legal coast will soon be clear."

Campus completes minor pruning of trees in stadium grove

Thursday, August 21, 2008

Arborists supervised by the UC Police Department this morning removed a limited number of branches from three trees in the grove adjacent to California Memorial Stadium, where an ongoing protest by tree-sitters continues. The work was done to aid UCPD's ability to maintain safety and security in the area, as students begin to move into residence halls this weekend and the fall semester at UC Berkeley gets under way.

The pruning, which took about an hour, is also intended to help bring the protest to a safe conclusion by keeping the four remaining protesters confined to a single tree, and by making entry to the grove more difficult for individuals who might seek to join them.

The affected trees include the redwood now occupied by the protesters and two adjacent oak trees. Prior to today's action, UCPD worked with a horticulture consultant who reviewed the pruning plan to ensure that it would pose no risk to the trees.

"We are taking carefully considered steps that will support our ability to manage this dangerous protest effectively before our students return on Aug. 23 and before the first home football game on Aug. 30," said Nathan Brostrom, vice chancellor for administration. In addition, campus police say today's action will allow them to manage the situation more efficiently, giving police more flexibility to meet other demands on their resources.

Under the terms of a preliminary injunction issued by Judge Barbara Miller in January 2007, the university is prohibited from actions in the grove directly connected to construction of the Student-Athlete High Performance Center. On Aug. 30, 2007, the court clarified that the injunction does not prevent campus officials "from undertaking public safety measures they deem necessary to prevent problems arising in and around the grove."

Judge Miller was notified prior to the start of today's action and informed that the pruning had no connection with construction, was being done solely in support of public safety, and would not damage the long-term health of the affected trees.

Plaintiffs withdraw motion for retrial

Monday, August 18, 2008

The plaintiffs in the suit to block the proposed Student-Athlete High Performance Center have withdrawn their motion for a retrial in the case, removing yet another obstacle to construction of the long-delayed training facility.

"We're very pleased," said campus spokesman Dan Mogulof on Friday, after attorneys for the city of Berkeley, the Panoramic Hill Association, and the California Oak Foundation withdrew their request. "We believe this action takes us one significant step closer to the end of the legal process, and to the beginning of construction."

Still ahead is a possible hearing on Aug. 25 in Alameda County Superior Court, after which  Judge Barbara Miller is expected to issue her final ruling in the trial phase of the litigation. The state Court of Appeals sent the case back to Miller earlier this month, saying the plaintiffs' appeal was premature and leaving in place an injunction against construction of the facility. Campus attorneys believe that some of the plaintiffs will renew their bid for Court of Appeals review if Miller, as expected, confirms a preliminary ruling that supported every significant aspect of the university's position.

Appeals court leaves injunction in place, for now

Friday, August 8, 2008

Declaring the petitioners' appeal "premature," the state Court of Appeals yesterday sent the case back to the trial court and left in place an injunction against construction of the proposed Student-Athlete High Performance Center for at least a few more weeks.

Superior Court Judge Barbara Miller issued what was widely believed to be a final judgment on July 22, ruling that UC Berkeley could move forward on its long-delayed training facility. Two of the original petitioners in the case — the Panoramic Hill Association and the Save the Oaks Foundation — appealed that decision. The appeals court, however, has now decided that "the judgment never took effect" due to procedural issues related to project alterations the campus agreed to make and a pending motion for a retrial filed by the petitioners. Judge Miller's preliminary ruling on that motion is expected on Aug. 21, with a follow-up hearing scheduled for Aug. 25. Meanwhile, said the appeals court, her preliminary injunction "remains in place, subject to future modification by the trial court, as appropriate."

Campus spokesman Dan Mogulof called the new delay "regrettable," but said officials remained "confident that the legal process will soon conclude" in the university's favor.

(The full text of the ruling is available online.)

Campus responds to request for new injunction

Friday, August 1, 2008

As the California Court of Appeals begins consideration of a trial court's decision to allow construction of the proposed Student-Athlete High Performance Center, the campus has filed its response to a request by two of the petitioners — the Panoramic Hill Association and the Save The Oaks Foundation — that the court further delay the project. Attorneys for the university argue that it is the UC Berkeley community — and not the petitioners — that would suffer "substantial harm" if the court grants a new injunction while it reviews Judge Barbara Miller's July 22 ruling.

The Court of Appeals decision on a new or extended injunction is expected sometime before Aug. 13. A stay against construction that took effect when the appeal was filed will remain in place until that date.

City declines to appeal campus's court victory

Friday, July 25, 2008

The Berkeley City Council last night announced it would not appeal Judge Barbara Miller's decision to let UC Berkeley begin construction of the SAHPC.

Following some two hours of public comment, the council went into closed session at around 7:15 p.m. At 8:10, Mayor Tom Bates reported that the council had taken no action, and would consider whether the city — one of three plaintiffs in the unsuccessful suit to block the proposed facility — would contest the ruling over the next 58 days.

"This is a welcome step," said campus spokesman Dan Mogulof. "We look forward to putting this long litigation behind us, and working collaboratively with the city to address our shared interests and concerns."

Under the terms of Tuesday's court ruling, the longstanding initial injunction against the training center is to be dissolved after seven days. The other two remaining litigants, however — the Save The Oaks Foundation and the Panoramic Hill Association — have indicated their intent to pursue an appeal, and now have 20 days to ask for a new injunction to temporarily stop the campus from moving ahead with construction plans.

Campus, protesters reach new agreement on supplies

Thursday, July 24, 2008

Faced with what campus officials described as a severe safety hazard — ropes ferrying people and supplies hundreds of feet above busy Piedmont Avenue — the university on Wednesday reached an agreement with tree-sitters that led to safe removal of a new supply line. Under the terms of the agreement, the protesters and their supporters will:

  • Vacate a second tree they had occupied
  • Lower human waste they had been stockpiling for possible future use against police officers and/or arborists
  • Continue to lower waste on a daily basis
  • Cease all efforts to storm, disrupt or dismantle barricades surrounding the grove
  • Cease all efforts to force food supplies in to the enclosed area

For its part, the university agreed to:

  • Allow one of two people who joined the protest yesterday to come down without facing arrest or citation for his actions.
  • Allow supporters to supply protesters with one bag of food daily
  • Give 72 hours notice if the university intends to end this agreement
  • Give 72 hours notice if the university intends to forcibly remove any of the tree-sitters

Early Tuesday morning, supporters of the illegal occupation strung a line from a tree on the main campus to the redwood where three tree-sitters were perched. Several bags of food were transported into the grove, and two protesters joined the tree-sitters in the grove. One later came down as part of the agreement with campus officials.

The action came hours after a final ruling by Alameda Superior Court Judge Barbara Miller, who approved the university's plans to build its long-stalled Student-Athlete High Performance Center pending appeals by the plaintiffs in the suit to block it.

The agreement, said campus spokesman Dan Mogulof, was struck "because of the very serious concerns UC police had about the public-safety hazard created by stretching these lines across a heavily trafficked city street."

"At the same time," he noted, "nothing in this agreement will keep UC Berkeley from doing what needs to be done to end this dangerous, illegal protest if the tree-sitters refuse to come down voluntarily."

Huge court victory for UC Berkeley: Judge says campus can begin construction of SAHPC

Wednesday, July 23, 2008

UC Berkeley won a resounding court victory late Tuesday afternoon, as Alameda County Superior Judge Barbara Miller agreed to allow the campus to begin construction of the Student-Athlete High Performance Center.

The judge issued her decision in response to the university's request that she modify her longstanding injunction and clear the way for construction of the facility. Deciding in the campus's favor on every outstanding issue, Miller ruled that the injunction will be automatically dissolved in seven days, and that the concessions offered by the university regarding construction plans and non-football events are consistent with the law. Under the ruling, petitioners will be responsible for 85 percent of litigation costs. (See the full text of the ruling and other background documents.)

"We are very pleased with this decision, and see it as confirmation that everything the university has done in connection with this project is fully compliant with the law and completely consistent with our desire to provide our student-athletes with safe and suitable facilities," said campus spokesman Dan Mogulof. "We look forward to the start of a construction process that will begin with the new Student-Athlete High Performance Center and culminate with the seismic retrofitting and modernization of California Memorial Stadium."

Added Mogulof: "In the wake of this long and difficult litigation, we also look forward to working with our neighbors and the city on building a strong, collaborative relationship to address a broad spectrum of shared interests." Once the university has had a chance to fully analyze the court's decision, he said, "all of the available options" will be considered, and additional information about next steps will be made public.

Tightwad Hill lawsuit settled

Friday, July 18, 2008

UC Berkeley and a group known as Save Tightwad Hill! have agreed to a settlement in an 18-month-old lawsuit challenging the University's Environmental Impact Report for planned improvements to California Memorial Stadium and other elements of the Southeast Campus Integrated Projects. Tightwad Hill is an area east of Memorial Stadium where, according to the group, people have enjoyed free views of football games since early in the Stadium's history. The Stadium was completed in 1923.

The planned third and final phase of the Memorial Stadium project calls for modernizing fan amenities on the east side of the historic venue, including improvements to access, circulation, restrooms, concessions and potentially the construction of a new elevated seating structure on the east rim of the Stadium.

Following the UC Regents' certification of the EIR in December, 2006, Save Tightwad Hill! filed suit in Alameda County Superior Court, contending that the report did not consider the possible adverse effects of the planned seating structure on views of the playing field from Tightwad Hill. The suit further contended that the report did not adequately consider the effect that blocked views would have on the cultural and historical value of Tightwad Hill.

The parties have agreed to an informal process that commits the University to confer with and to consider input from the group regarding design options for the east seating structure in order to avoid, to the extent feasible, obstruction of views of the field from Tightwad Hill.

"We are pleased to be able to put this issue aside for now and discuss the concerns in a more measured and cooperative way once planning for Phase 3 commences,” said Bob Milano Jr., assistant athletic director for capital planning and management. “We all agree this is at least several years away."

"We are avid supporters of Cal Football and the whole athletic program, so we are pleased that the University has listened to our concerns," added Dan Sicular, Cal alumnus ('81) and chairman of the Save Tightwad Hill! central committee. "We are heartened that the University has stated its intent to work with us to preserve this unique football tradition, and we look forward to a great season."

Save Tightwad Hill! is one of four plaintiffs to challenge the EIR for the Southeast Campus Integrated Projects. This case, which will be dismissed as part of the settlement agreement, is separate from the consolidated suits filed by the City of Berkeley, the California Oaks Foundation and the Panoramic Hill Association, which are still pending final resolution.

Judge to decide 'very quickly' on campus request to let construction begin

Thursday, July 17, 2008

Alameda County Superior Court Judge Barbara Miller heard oral arguments today on UC Berkeley's request that she modify her injunction and allow construction of the Student-Athlete High Performance Center to begin.

After Miller stated for the record that she saw the university as "the primary prevailing party" in the litigation, campus attorney Charles Olson noted that every additional day of delay is costing the university $47,000 in increased construction costs and security expenses. "It is time for this case to come to an end," Olson said. "It is time to end the grave harm that is being done to the campus."

In response, attorneys for the petitioners argued that any decision on the injunction should not impede their ability to appeal, should they choose to pursue that course of action.

At the hearing's close, the judge said she would make her decision "very quickly," but gave no indication about when, exactly, the ruling will be ready.

Latest tree-sitter descends voluntarily

Monday, July 14, 2008

After an extended discussion with UC police officers, the last person to join the tree-sit protest on has become the latest to leave.

Jeffrey Musgrave, 30, voluntarily came down today at approximately 12:30 p.m. He had evaded police on July 6 to climb a tree and join the protesters. Initial reports indicate Musgrave decided to end his participation due to "personal reasons."

He is being charged with trespassing, violating the court order, vandalism, and possession of marijuana (less than one ounce). Musgrave was taken to the Berkeley city jail, where it is expected he will be cited and released.

The three protesters who still illegally occupy university property in the grove adjacent to Memorial Stadium remain confined to a single tree. UC police continue to provide each of them with the equivalent of 1,800 calories a day.

Campus gives remaining tree-sitters a nutritional boost

Tuesday, July 8, 2008

Campus officials have announced that starting Wednesday (July 9), the university will adjust the amount of food it is supplying to the four tree-sitters — an increase of one over the holiday weekend — now occupying a single redwood tree outside Memorial Stadium.

Responding to a UCPD report that the protesters are depleting their previously stockpiled supplies, senior campus officials consulted with Dr. Brad Buchman, the campus's medical director. In addition to ample supplies of water, the campus will now provide each individual with the equivalent of 1,800 calories a day, an amount Buchman has determined is sufficient to meet essential nutritional requirements.

"The university remains committed to ending the occupation while doing everything possible to ensure no one is harmed as a result of this misguided effort to protect a 1923 landscaping project," said campus spokesman Dan Mogulof. He urged the protesters to end their occupation — which violates an injunction issued by a Superior Court judge — and to "come down and continue this protest in a manner that is consistent with the law and respectful of the rights of others."

UC police continue to enforce a court order that prohibits outside supporters from aiding and abetting the tree-sitters by providing supplies.

"At this point," said Mogulof, "we are moving to further stabilize the situation as we wait for further clarification about when, exactly, construction of the new athletic facility can commence. At that point we expect the protesters and their supporters to join the university in its commitment to respect the judicial process and abide by the law."

On Sunday, after four of seven remaining tree-sitters had voluntarily left their perches, a new protester managed to sneak past police barricades and clamber up a different tree. He later found his way to the already-occupied redwood.

July 17 hearing set for campus's request to let construction proceed; four tree-sitters end their protest

Wednesday, July 2, 2008

In one of two positive developments for the Memorial Stadium project, four tree-sitters have voluntarily come down from their perches, reducing to three the number of protesters still illegally occupying the campus's oak grove.

Three tree-sitters initially descended late Tuesday night. After one was apprehended on the ground by UC police, two climbed back up a different tree. This morning, after both indicated that they were interested in ending their participation in the protest, UCPD Assistant Chief Mitch Celaya talked with them for about two hours. They came down shortly after noon.

A short time later, one of the tree-sitters' spokespersons — Amanda Tierney, better known as "Dumpster Muffin" — also came down voluntarily and peacefully after complaining of unspecified medical problems. Assured she would receive immediate medical care, she descended at 1:45 p.m. and was transported to Highland Hospital.

"We're pleased that our approach seems to be working as we move a few steps closer to a safe but certain end to this situation," said campus spokesman Dan Mogulof. "Assistant Chief Celaya and his officers did an incredible job today, handling a delicate situation with the highest degree of professionalism."      

Optimism over the standoff in the grove was accompanied by good news on the legal front. Judge Barbara Miller yesterday set a court date of Thursday, July 17, to decide whether to allow the campus to begin construction of the Student-Athlete High Performance Center, ruling in favor of the university's request for an expedited hearing.

Attorneys for the California Oak Foundation, representing tree-sitters who have occupied the campus grove for 18 months, argued for a broad hearing on a range of issues, and asked for an extension until Aug. 15 in order to prepare. The university, noting the significant financial consequences of further delays — as well as new concessions the campus has made to resolve the outstanding legal issues — asked for an expedited hearing on its request that the judge modify her injunction to allow the project to move forward.

Judge Miller — indicating she was interested only in briefs and arguments on the narrow issue of the modified injunction — ordered the petitioners to file papers by July 11. The university will have until July 15 to reply, and attorneys for both sides are scheduled to appear in court July 17 at 10 a.m.

End zone in sight, campus offers a compromise

Monday, June 30, 2008

In court papers submitted Friday, campus officials offered up significant concessions they hope and expect will result in a green light for construction of the Student-Athlete High Performance Center.

In a 129-page decision released June 18, Alameda County Superior Court Judge Barbara Miller ruled overwhelmingly in favor of the university's efforts to build the long-delayed training center. But she withheld final approval of the project, citing a technical issue relating to a single support beam and unresolved questions about the campus's plans to hold seven non-football events per year at Memorial Stadium.

The university responded Friday by proposing to eliminate the support beam — which would not have been physically connected to the SAHPC, and was intended solely to prevent possible minor cosmetic cracking to the stadium's west wall during construction of the training facility — and by agreeing not to change the current arrangement for non-football events at the stadium, which calls for consultation between the campus and its neighbors on a case-by-case basis.

Dan Mogulof, the campus's executive director of public affairs, explained that documents in the court record prove that the beam would not have provided any substantial improvements to Memorial Stadium's overall structural capacity or seismic resistance. If cosmetic damage to the stadium's western wall does result from construction, he added, it will be easily remedied when renovation work on the stadium itself begins.

"We hope and believe that in the wake of Friday's submission, it will be clear to the court, the city, and the community that we have moved to clear the last remaining obstacles to construction of the new athletic facility," Mogulof said.

Judge Miller's ruling on lifting the injunction could come sometime in the next few weeks.

In a related development, Superior Court Judge Richard Keller today denied a request by attorneys for protesting tree-sitters that he change a preliminary injunction directing them to end their illegal 18-month occupation. The university is still authorized to take any and all actions necessary to enforce the court's orders, Keller said, adding that it must also continue to take "reasonable precautions" to prevent harm or injury.

Indeed, UCPD Chief Victoria Harrison reports that the few remaining tree-sitters in the oak grove — part of which will be cleared for the project, though the campus will plant three new trees for each one that's removed — continue to accept food and water provided to them by UC police. And she reaffirmed the campus's policy of doing everything it can to keep the situation in the grove stabilized during the wait for a final go-ahead on construction at the site.

Tonight, the Berkeley City Council is scheduled to meet in closed session to discuss legal issues surrounding the university's efforts to build the new facility and retrofit Memorial Stadium. The city of Berkeley is one of three plaintiffs in the suit to block the project.

Protesters accept water from police, other UC offers remain unaccepted

Friday, June 27, 2008

After two protesters voluntarily climbed down from their perches Wednesday, UC police continue to offer food and water to the few remaining tree-sitters who refuse to end their illegal occupation of campus oaks. The protesters accepted a case of bottled water from police on Thursday.

UC Police Chief Victoria Harrison and Assistant Chief Mitch Celaya personally spoke with the remaining tree-sitters yesterday about their health and well-being. Told that they were in immediate need of water, officers placed the case of water at the base of the tree, and the tree-sitters dropped a rope and hoisted it up.

"At this point, with but a handful of people in a single tree, we now have a more manageable situation in the grove," Chief Harrison said, noting that campus continues its efforts to stabilize the situation while waiting for further information on when exactly construction of the new athletic facility can begin.

Campus officials stressed that while they stand ready to provide for the protesters' essential needs, supplies from outside sources will not be allowed to be delivered. The university continues to try to secure an agreement — which the tree-sitters have thus far resisted — for the daily removal of the protesters' waste for the sake of health and hygiene.

After long yardage, student-athlete center is goal-to-go

Wednesday, June 25, 2008

In the wake of last week's overwhelmingly favorable court ruling on UC Berkeley's planned Student-Athlete High Performance Center, campus officials expect that the last remaining obstacles to beginning construction of the athletic facility will soon be resolved. Plaintiffs in the long-running suit to prevent construction of the facility submitted a writ in the case yesterday; on Friday, UC Berkeley will provide additional information requested by Superior Court Judge Barbara Miller on what university attorney Charles Olson describes as "two simple, very technical issues" that still must be decided before the project can move forward.

Last night's meeting of the Berkeley City Council — much of which was given over to discussion of Miller's 129-page decision, which rejected 11 of 12 major arguments put forward by the three petitioners, including the city of Berkeley — failed to yield an announcement on whether the city plans to appeal the ruling. Near the top of the meeting, Berkeley City Manager Phil Kamlarz quoted from a letter the university had sent to the city earlier in the day.

The full text of the letter reads as follows:

"UC Berkeley understands the concerns of the Berkeley City Council regarding the safety and health of the people inhabiting the trees at Memorial Stadium. We would like to assure you that campus police are monitoring the status of the people in the trees on an hourly basis. To the best of our knowledge, they possess sufficient food and water for those individuals who remain for a period of time. Moreover, we have provided and will provide both food and water to those who decide to come down from the tree and end their illegal occupation.

"We continue to implore these individuals to end this protest and come down for their own health and safety. In the event that they do not come down, we will take appropriate measures to maintain their health and safety. We will not, however, allow resupply from outside groups."

The letter was signed by Nathan Brostrom, the campus's vice chancellor for administration, and UC Police Chief Victoria Harrison.


Previous news coverage:

Confused about the stadium ruling? What it says and what remains to be resolved
The NewsCenter revisits last week's ruling on construction of the Student-Athlete High Performance Center and details the few remaining questions expected to be resolved by the court in the coming days. 6.23.2007

Campus officials declare 'a major victory for our students' in judge's ruling on student-athlete center
UC Berkeley officials said Wednesday night that the campus has prevailed on virtually every challenge raised in a lawsuit that sought to halt construction of the university's planned Student-Athlete High Performance Center adjacent to its historic California Memorial Stadium. 6.18.2008

Campus begins removing gear from tree-sitters' site outside Memorial Stadium
In anticipation of an imminent court ruling, UC Berkeley began early Tuesday morning to cut cables and remove tree-sitters' gear and unoccupied structures just below Memorial Stadium, where protesters have been occupying a grove of oak trees for 18 months. 6.17.2008

Frequently asked questions on plans for the California Memorial Stadium project
UC Berkeley's master plan for California Memorial Stadium begins with construction of the new Student-Athlete High Performance Center. 6.17.2008

Judge to rule Wednesday on training center construction lawsuits
A ruling on the three consolidated lawsuits over planned construction of UC Berkeley's new student-athlete training center is expected on Wednesday, June 18. 6.13.2008

Court weighs new evidence in student-athlete training center lawsuits; final ruling expected by June
Alameda County Superior Court Judge Barbara Miller on Thursday (March 20) presided over a final round of oral arguments regarding the university's construction plans for the new Student-Athlete High Performance Center. At the close of the hearing, the judge indicated she now has all of the information necessary to decide on the three consolidated lawsuits and suggested that her final ruling will be ready some time in the next 90 days. 3.21.2008

Court will not rule on new student-athlete training center lawsuits until sometime after March 7
A ruling will not be issued until sometime after March 7 on the three consolidated lawsuits over planned construction of UC Berkeley's new student-athlete training center, to be situated west of California Memorial Stadium. 1.25.2008

Judge delays ruling on student-athlete center suit
A ruling may not be issued until February on the three consolidated lawsuits over planned construction of UC Berkeley's new student-athlete center, to be situated west of California Memorial Stadium. Alameda County Superior Court Judge Barbara Miller announced the delay late Monday; she had been expected to rule no later than January 11. 12.12.2007

Judge expands cease-and-desist order against tree-sitters
An Alameda County Superior Court judge has ruled that a preliminary injunction ordering tree-sitting protesters to cease and desist should apply to all individuals who are illegally occupying oak trees adjacent to Memorial Stadium. 10.30.2007

Judge rules that Memorial Stadium oak grove protest is illegal
Alameda County Superior Court Judge Richard Keller today issued a preliminary injunction, ruling that the protesters living in the oak trees west of UC Berkeley's Memorial Stadium on the site of the proposed Student-Athlete High Performance Center must come down. 10.1.2007

Judge sets Oct. 1 hearing on tree protesters
An Alameda County Superior Court judge on Wednesday set Oct. 1 for a full hearing on the University of California's legal efforts to compel protesters to come down from a grove of trees they have been occupying near UC Berkeley's Memorial Stadium. 9.12.2007

UC Berkeley's settlement offer on Memorial Stadium project
UC Berkeley submitted a settlement offer to the City of Berkeley Tuesday regarding the city's lawsuit challenging the campus's planned construction of a Student-Athlete High Performance Center just west of California Memorial Stadium. 9.4.2007

UC Berkeley says public safety comes first; police cite nearly 100 arrests at site of tree protest since December
The university's obligation to protect public safety outside California Memorial Stadium was at the heart of the case made by UC Berkeley on Thursday to an Alameda County Superior Court judge. Citing more than 155 violations and 98 arrests or citations of protesters outside the stadium since December, 2006, UC Police Chief Victoria Harrison outlined in detail the need for erecting a temporary fence at the site in advance of Saturday's season-opening football game. 8.30.2007

As the Bears head onto the field . . .
As the Cal football team prepares to meet Tennessee this Saturday at Memorial Stadium, the campus is readying for a court date over the planned Student-Athlete High Performance Center, the first phase in a multi-year southeast-campus plan that includes seismic retrofitting of the 84-year-old stadium. But while the Bears are eager to avenge last year's opening-day loss to the Volunteers, a legal battle is something campus leaders would prefer to avoid. 8.29.2007

Campus provides updates on Memorial Stadium Project and Student-Athlete High Performance Center
With the football season about to begin, Executive Vice Chancellor and Provost George Breslauer and Vice Chancellor-Administration Nathan Brostrom provide updates on developments surrounding the Memorial Stadium project and the new Student-Athlete High Performance Center. 8.29.2007

Student-athlete facility to get its day in court Sept. 19
The judge presiding over legal challenges to Berkeley's planned Student-Athlete High Performance Center — the first phase in a multi-year southeast-campus plan that includes seismic retrofitting of Memorial Stadium — has set trial for Sept. 19, responding to the university's growing sense of urgency and giving Cal fans hope that the project schedule can get back on track. 6.21.2007

Seismic study clears site of future athlete training center
A follow-up geologic study of the planned building site for a new student-athlete training center has confirmed earlier conclusions that there is no active earthquake fault running through it. This removes one barrier to construction of the center, though pending lawsuits challenge other aspects of the project. 5.31.2007

UC Berkeley expert, campus officials refute protesters' latest charges
In response to claims made to the media Feb. 20 by protesters camped at the grove outside California Memorial Stadium and by their attorney stating that the grove could be the site of a Native American burial ground, Kent Lightfoot, curator of North American archaeology at the Phoebe Hearst Museum of Anthropology, and campus officials issued statements challenging the protesters' charges. 2.20.2007

Court ruling is "a temporary setback," but planning continues for new student-athlete center
UC Berkeley officials called a judge's decision Monday to block immediate construction of a new student-athlete training facility "a temporary setback" in the university's plans for the southeast corner of campus. They said, however, that planning for the new facility will continue to move forward. 1.29.2007

Judge hears challenge to EIR and Student-Athlete Center; ruling to be issued by Monday
An Alameda County Superior Court judge said Tuesday that she will issue a ruling by next Monday on a request for a preliminary injunction to halt construction of the Student-Athlete High Performance Center, a key element in UC Berkeley's plans to enhance the safety of those who currently work and train in California Memorial Stadium. 1.23.2007

Regents vote to certify EIR for southeast campus plan and approve design of student-athlete center
A UC Board of Regents committee certified the environmental impact report for UC Berkeley's Southeast Campus Integrated Projects and approved the design of the Student-Athlete High Performance Center adjacent to Memorial Stadium. The vote serves as final approval from the Regents for the environmental impact report and design of the new center. 12.5.2006

Bear in Mind: The world of intercollegiate athletics at UC Berkeley
Chancellor Robert Birgeneau talks to Cal student athletes, coaches, and educators to get an insider's view of intercollegiate athletics at America's top public university. 12.2007

EIR on southeast campus projects released
Moving forward on its master plan for the southeast corner of campus, the University of California, Berkeley, today (Tuesday, Oct. 31) released the final environmental impact report on the overall program including the proposed new Student Athlete High Performance Center. 10.31.2006

Soil testing near Memorial Stadium begins July 10
Geotechnical work to explore subsurface conditions near California Memorial Stadium and gather information for design and construction of the proposed Student Athlete High Performance Center will begin on Monday, July 10. The work is expected to be completed in five weeks. 7.7.2006

Community open house "work in progress" graphics
PDF files. 3.13.2006

Stadium, southeast campus plans fit Cal's ambitions in athletics and academics
UC Berkeley Chancellor Robert Birgeneau on Thursday unveiled highlights of a master plan to refurbish historic California Memorial Stadium that begins with constructing a new student athlete high-performance center and allows the football team to play all home games in the stadium during construction. The announcement of the stadium plan was coupled with the presentation of a conceptual design for a stunning new law and business building directly across the street from the stadium, along with open space improvements for the southeast corner of campus. 11.10.2005

Architects announced for Memorial Stadium renovation, new academic commons building
UC Berkeley announced today the selection of architects for the renovation and seismic improvement of Memorial Stadium and for the new academic commons building for the campus's law and business schools. 5.9.2005

Campus moving forward with ‘southeast quadrant' planning
As recently as last football season, the rehabilitation of Memorial Stadium was still barely a gleam in Coach Jeff Tedford's eye. But with a game plan finally taking shape — preliminary though it may be — what once was bad news for the Bears is turning out to be encouraging news for the campus's southeast quadrant. 4.27.2005

Chancellor announces Memorial Stadium renovation, new academic commons building
Chancellor Robert J. Birgeneau today announced that Memorial Stadium would be renovated and seismically strengthened, and that an academic commons building would be built to serve the law and business schools. The project, to be on the southeast corner of campus, is designed to integrate athletic and academic aspects of campus life. 2.3.2005