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DBD 6.30.08 Great News from the Hippies

(Ed Note:  I turned this into the link dump for today, because it seemed like a good survey of recent Cal events.  And something related to the Iraq war, but let's try to stay on message here.  We're fighting our own seemingly intractable battle in Berkeley here!  So, dump away!)

I'm no lawyer, but don't you need a reason to file an appeal? And doesn't the reason have to be something a little better than "they didn't want to build the gym across the street, they wanted to build it here"? And doesn't the UC have the right to cut down trees on its own property? I mean, there is no CRIME being committed here. Anyway, take a look at this email. Are they grasping at straws? Conceding defeat? Just wasting time like they always do? I have absolutely no idea, but check it out.

What: Please come to Berkeley City Council Meeting to ask the city to continue the lawsuit and appeal the lawsuit decision! And also call, fax, and email your city councilmember and the mayor.

Where: 2134 MLK Way

When: Monday June 30th 5pm (please arrive before 5pm to get on the speaker's list... even if you don't want to speak we need supporters to show up!)

Details below.................

Dear friends of Memorial Oak Grove,

We have a *major* request: please come to a special session of Berkeley City Council on Monday (tomorrow!) at 5pm (please arrive before 5pm!) to ask the city of Berkeley to continue its lawsuit to save Memorial Oak Grove and also to file an appeal. And if you can, please call and/or email city council members and the mayor.

As you may have heard, UC is attempting to modify its construction plan for the training facility to meet Judge Miller's objections, and UC will ask Judge Miller to lift the injunction on cutting the grove on
Tuesday.

That means UC could bring chainsaws to the grove as early as Tuesday evening or Wednesday morning!

Right now, it is *crucial* that the city of Berkeley stay the course on
this lawsuit and file an appeal ASAP. It is possible that an appeals
court could uphold the injunction on treecutting, and we need the city of Berkely to stand up for our community and the oaks.

An independent UC Boalt Hall attorney named Antonio Rossman - who has successfully litigated similar cases in the past - has written an independent analysis of the lawsuit, and he indicates there's a strong possibility of success on appeal, for example on the issue of whether UC has properly considered alternatives to cutting the grove... Please read Rossman's article...

http://www.berkeleydaily.org/issue/2008-06-19/article/30363?headline=News-Analysis-The-Stadium-Decision-An-Initial-Assessment-

As Rossman indicates:

"In general, the courts have vigorously enforced the need for a genuine examination of alternatives that pose real, not false, choices....
Suffice it to contemplate at this time the stadium decision, if taken to the court of appeal, will provide worthy “alternatives” material for
that tribunal."

As Oak Grove supporters have been stating since the beginning of this campaign, UC could save the oaks and build the gym somewhere else, such as under Maxwell Family Field, and satisfy everyone's needs. The fact that UC did not study genuine alternative sites for the athlete center in its Environmental Impact Report leaves open a good chance of success at appeal.

You can also call or email Berkeley city council members and the
Mayor... the sooner you can do this, the better!

Please let them know in your own words:

* Berkeley should follow through on this lawsuit, with the beloved
 Memorial Oak Grove at stake and also people's safety and the concerns of the community!
* We have an excellent chance of winning an appeal on Alternative
 Locations and other issues - please specifically reference the Rossman article!
* We need to file the appeal as soon as possible so that UC cannot
 start cutting trees if Judge Miller lifts the injunction!

Well, I love to hear them say stuff about the UC bringing chainsaws to the grove on tuesday or wednesday. It warms me heart. Anyway, we should be writing emails and sending letters to our city council telling them NOT to file an appeal.

 

And in other news:

-Star RB recruit Dasarte Yarnway will make a decision sometime in the next few weeks. He is considering (in order) Cal, Oregon, Arizona State. He also was quoted as saying "Cal has the best academics in the world. I have a great relationship with the coaches and it's just a comfortable place for me."

-The facebook group about the Gold Out has 1407 members.

-Someone edited the California Memorial Stadium article on Wikipedia. Now, it doesn't look like it was written by a fifth grader. And there is a link to the California Golden Blogs!  Go to Wikipedia and type in "California  Memorial Stadium" and scroll down until you get to "Gold Out".

-Someone posted a comment on Youtube on the "California Football 2008 Season Tickets" video. He said he was from Michigan State, and that 10,000 fans were expected to turn up in Berkeley for the game. He's probably full of crap, though.

-George Bush will spend another $162,000,000,000 on the war in Iraq. Asshole.

 

The opinions expressed in a FanPost are, in every way, reflective of the opinions of every California Golden Blogs Marshawnthusiast. Moreover, they are reflective of every employee of SBNation, including Tyler "Blez" Bleszinski.

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More info on Alysia Johnson’s unfortunate end to her olympic dreams:

The sore right foot that forced Alysia Johnson to withdraw from her 800-meter semifinal at the NCAA Championships earlier this month flared up at the worst possible time Friday night, ending the Cal senior’s dream of making the U.S. Olympic team for Beijing.

Johnson faded dramatically in the last 150 meters of her quarterfinal race at the U.S. Olympic track and field trials at Hayward Field and finished ninth in 2 minutes, 6.43 seconds. Her 2008 season is over, according to her coach, Cal’s Tony Sandoval, but her future is promising after she signed a four-year contract with Nike to run professionally.

I cant imagine how it feels to go through what Ms. Johnson went through. Good luck to her recovering from this and moving forward!

"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely

www.CaliforniaGoldenBlogs.com

by TwistNHook on Jun 30, 2008 8:11 AM PDT reply actions  

man, that sucks

i really hope she’s able to come back full strength, maybe kick some ass towards the 2012 games in London

So, basically, you gotta Go Bears!

by ragnarok on Jun 30, 2008 9:41 AM PDT up reply actions  

Tyson Ross update

Sorry no link, but I lifted this from an AN story on A’s minor leaguers

RHP Tyson Ross – Kane County Cougars: As was reported in my Mid-Week Minors Update, Tyson Ross has become the first A’s 2008 draftee to debut with a full season affiliate. After throwing a couple scoreless innings out of the Kane County bullpen on June 24th, Tyson made his debut as a starter on Thursday, going 3 innings, allowing 2 hits and 1 run while striking out 3 without walking a batter. Tyson now has a 5-0 K-BB ratio in 5 innings on the year. It remains to be seen if the A’s minor league coaches will begin tweaking Tyson’s mechanics in the near future. However, even without tinkering, Tyson looks like he could become an above-average, mid-back rotation starter at the major league level, with three average-plus pitches and good control.

by oaktownmario on Jun 30, 2008 9:39 AM PDT reply actions  

More from the Daily Planet.

A moderately reasonable article on the new UC filings. The only thing that seems particularly one-sided is the headline, which reads:

UC Drops Stadium Brace To Avoid Alquist-Priolo Valuation for Gym Project

Another article about how the hippies are upset that the Berkeley City Council is going to be meeting in a closed session without them. Oh noes! How will the Council get anything done without the ground support speaking?? This is what they will be discussing:

On the agenda of the closed session, scheduled at 5 p.m. Monday in the council chambers, the council is scheduled to discuss a number of legal issues, including the lawsuit against the university over building a sports training facility adjacent to the crumbling Memorial Stadium located on an earthquake fault. Also on the agenda is the question of whether to file a new lawsuit against the university to force it to remove the barriers it placed on city streets.

And:


"We certainly can demand to have our sidewalks back," Spring told the Planet on Friday. "They’ve had them long enough."

More interesting information on last week’s abrupt ending to the Council meeting:

Linda Maio’s vote was key in the council’s vote not to extend the meeting to permit a discussion of Spring’s motion.

On Friday, Maio told the Planet why she did not vote to extend the meeting. She said she was satisfied with a report from city staff whom the city manager had sent up to the grove during the council meeting. They reported, via the city manager, that the tree-sitters said they were not in an emergency situation and would not accept food and water from university officials.

The manager’s report, however, did not convince Councilmembers Max Anderson, Darryl Moore, Spring and Worthington. Worthington had spoken directly to the tree-sitters by phone during the council’s discussion on whether to add the emergency item. Worthington reported that the tree sitters said they were in need of food and water and felt they faced a health crisis.

And Letters To The Editors. A few relevant ones:

UC STADIUM

Editors, Daily Planet:

Now that the judge has slowed down the sports center, a win-win alternate would be to build a multi-use sport facility at the Albany G.G. racetrack. There is plenty of parking. UC Berkeley’s housing, Richmond Field Station, and campus are all close by. Horse racing tracks are being abandoned.

As a long time Berkeley resident, UC Berkeley’s continual expansion has made life unbearable. There’s no quality of life, living in a high-density, limited-area city.

Ray Quan

PUERILE ASPERSIONS

Editors, Daily Planet:

We read with interest Becky O’Malley’s recent "Editor’s Back Fence" column no the Daily Planet website regarding the whole Memorial Stadium brouhaha, and several of her colorful phrases caught our eye:

• UC Berkeley continues to embarrass its graduates.

• Huge and hideous Mussolini Modern athletic building.

• Kafkaesque labyrinth of dark underground corridors.

• Quintessential Old White Guy.

• No-neck conformation that identified them as The-Jocks-in-Charge.

• "Oozing charm from every pore, he oiled his way across the floor."

We have wondered if all your advertisers would be pleased with your oddly puerile, stereotyped aspersions, and if they really want to spend their advertising dollars on your personal opinion paper. Are any of your advertisers pale white guys, or ex-athletes? We’ll ask them.

Leo J. Gaspardone, Sr. (UC ‘57)

Sandy Bails (UC ‘68)

"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely

www.CaliforniaGoldenBlogs.com

by TwistNHook on Jun 30, 2008 11:09 AM PDT reply actions  

Albany Race Track

as has been stated many times before, the soil underneath the Golden Gate Fields race track in Albany is much too soft to support anything more substantial that the structure that is already there. it is not a viable site for anything as massive as a major college football stadium, and it’s beginning to bother me that people continue to advocate it as such—especially those folks who seem so concerned with earthquake safety and such.

So, basically, you gotta Go Bears!

by ragnarok on Jun 30, 2008 11:41 AM PDT up reply actions  

I feel strongly as if there was language within the ruling that said “All alternatives have been considered and UC is OK.” But I can’t remember for sure and I’m not going to search through to find it.

Moreover, I just noticed that the 5 PM Council meeting all the hippies are being kept out of is the same meeting the email says they need to come to. I think. This is moderately confusing.

"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely

www.CaliforniaGoldenBlogs.com

by TwistNHook on Jun 30, 2008 11:49 AM PDT up reply actions  

my non-lawyer take

I’m not sure if I’d call this latest legal tactic ‘grasping at straws’, but it certainly isn’t as strong an argument as the author would have you believe. Yes, UC does have to consider alternative sites when they plan projects such as this, but ultimately UC gets to use its discretion in determining which site best fits its needs. Judge Miller seemed pretty thorough in her ruling that UC did adequately consider alternative sites, and though I’m sure the City of Berkeley and others would have grounds for an appeal, I find it extremely unlikely that an appeals court would find grounds to overturn Judge Miller’s ruling.

More to the point, I don’t think such an appeal would present grounds for continuing the injunction. Remember, the judge also ruled that the trees are neither old for sacred nor protected, and thus pretty much all of the reasons for the initial granting of the injunction no longer apply. The judge’s ruling confirms that UC absolutely has the right to cut down these trees and build a training center there, and I’m pretty sure her ruling would stand up to appeal, if an appellate court even saw fit to review the case.

So, basically, you gotta Go Bears!

by ragnarok on Jun 30, 2008 11:32 AM PDT reply actions  

What is interesting to me is how it went from “The Project Is Dead” to “The Chainsaws Are Coming, The Chainsaws Are Coming” in about a week.

"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely

www.CaliforniaGoldenBlogs.com

by TwistNHook on Jun 30, 2008 11:47 AM PDT up reply actions  

im no detective munch,

but something tells me we may not be dealing with people grounded in what you and i like to call, reality.

by Itchy25 on Jun 30, 2008 12:46 PM PDT up reply actions  

But their entreaties to save trees AND overthrow capitalism seemed so reasonable??

"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely

www.CaliforniaGoldenBlogs.com

by TwistNHook on Jun 30, 2008 1:21 PM PDT up reply actions  

wow
“The original goal is just to make top 16 and conserve, but I really didn’t want her to have it for very long,” Coughlin said.

Normally, you’d call someone arrogant for a quote like that, but Natalie’s got 5 Olympic medals to back it up.

So, basically, you gotta Go Bears!

by ragnarok on Jun 30, 2008 2:12 PM PDT up reply actions  

Natalie is so awesome!

"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely

www.CaliforniaGoldenBlogs.com

by TwistNHook on Jun 30, 2008 2:27 PM PDT up reply actions  

The woman that beat Natalie’s record was a Texas/USC grad. I’m glad Natalie beat her.

by HydroTech on Jun 30, 2008 10:02 PM PDT up reply actions  

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