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Zero Hour Passes; Defiant Tree-Sitters Remain

Sunday, September 7, 2008 – updated: 1:08 pm PDT September 8, 2008

Four tree-sitters remain perched in a redwood tree near the University of California, Berkeley's football stadium Monday, following the expiration of an agreement that allowed the protesters to receive food, water and other support from backers on the ground.

The university issued a 72-hour notice to the tree-sitters at 9 a.m. Friday, the morning after the state Court of Appeal rejected a request by opponents of the university's plan to build a new sports training center next to the football stadium to maintain an injunction against the project.

That notice was up at 9 a.m. Monday, but UC-Berkeley spokesman Dan Mogulof said the university doesn't have any immediate plans to forcibly remove the tree-sitters, although he didn't rule out that option at a later time.

"The agreement is no longer in effect and various options are being evaluated right now," Mogulof said.

Mogulof said university officials are "very disappointed" that the tree-sitters haven't come down voluntarily and are committed to "moving ahead" with building the sports training center, which is projected to cost about $140 million and take two and a half years to complete.

The chief ground supporter for the tree-sitters, who goes by "Ayr," said the protesters "are willing to come down if something positive comes out of discussions" with the university.

Ayr, also known as Erik Eisenberg, said the tree-sitters want the university to agree to community oversight of the university's land use decisions and policies.

But Mogulof said the university made such an offer to the tree-sitters on Sunday and they rejected it.

"The offer wasn't good enough for them yesterday and they couldn't come to an agreement," Mogulof said.

A UC Board of Regents committee approved building the 158,000-square-foot sports training center on Dec. 5, 2006.

Shortly afterward, a group of people began living in a grove of trees, mostly oaks, next to the stadium to protest the project because it calls for tearing down most of the trees.

The city of Berkeley, the California Oak Foundation and the Panoramic Hill Association filed suit against the university in late December 2006 to try to stop the project on environmental and safety grounds.

Alameda County Superior Court Judge Barbara Miller issued a preliminary injunction on Jan. 29, 2007 that temporarily halted the project. But in rulings on July 22 and Aug. 26, Miller said the university could go ahead with the project because it has addressed her concerns about environmental and safety issues.

The university began removing trees on Friday and has cut down a total of 40 so far. It plans to cut down two more trees, both redwoods, including the tree occupied by the remaining tree-sitters.

Mogulof said 28 trees will remain at the site and the university will plant three new trees for every tree that was cut down.

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