BERKELEY — Even after more than 50 emotionally wrought people begged and pleaded with the City Council to appeal a judge's recent ruling that will allow UC Berkeley to start building its sports training center, the council refused to move forward with such a motion.

"We deadlocked," Mayor Tom Bates said after the closed-session meeting. "We did not have (the needed) five votes to file an appeal."

The city of Berkeley, the Panoramic Hill Association and the California Oaks Foundation sued UC Berkeley in December 2006 to stop it from building its $140 million sports training center, where 44 trees are planted. People have been living in the trees since then, and four tree-sitters remain.

Judge

Barbara Miller ruled in Cal's favor this week, lifting a stop-work order that has been in place for 18 months. That means on Tuesday the order will be lifted unless the appeals court grants a continuation of the injunction. When the injunction is lifted, Cal can legally remove the trees and start construction.

The California Oaks Foundation and the Panoramic Hill Association are both appealing Miller's ruling, but the parties were looking for backing from the city of Berkeley.

"I am feeling that this City Council, under Mayor Tom Bates, has sold out the community," said Mary Kacazorowksi, who goes by Redwood Mary and has been involved with the grove tree-sit since the beginning.

The council spent about an hour in closed

session and then reported they will not file an immediate appeal but could still do so within the next 58 days, the time allowed by law. Already the city has spent at least $350,000 on this lawsuit. An appeal could cost an additional $50,000, Bates said.

When Bates announced the decision, the crowd broke out into chants. "Shame, shame, shame,'' they shouted. Police were in the council chambers and moved the unruly crowd outside into the lobby, but many did not quiet down. Many who have been involved with the tree-sit were disappointed the city will not appeal.

"I think the city seriously miscalculated the reaction that will come from the community about this issue," said Doug Buckwald, a spokesman for Save the Oaks at the Stadium. "I have never seen such a broad coalition of people from all across Berkeley, different neighborhoods, different social groups, different economic groups, nonprofit groups, city workers, students. It's the kind of coalition that can actually impact city policy and election in the future, and I think they will learn the consequences of this very short-sighted decision."

There were seven city council members present Thursday and the council needed five "yes" votes to move ahead with an appeal. By law, they are not required to reveal the vote in closed-session meetings.

City Council member Dona Spring, who opposed the sports training center project, died earlier this month and council member Betty Olds was not at the meeting. Several asked that Spring be given a proxy vote, but that was not allowed. The meeting was loud and rowdy with speakers yelling at council members and the mayor, and hissing and booing at the few who urged the city not to appeal.

In addition to filing an appeal of Miller's decision, the Panoramic Hill Association on Thursday 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 on that matter is set for Aug. 12, he said.

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

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. Silverman spoke at the meeting about being extracted from a tree and, after the meeting, followed the mayor into a private office, screaming at him.

What will happen Tuesday if an appeals court does not grant a continuation to the injunction is not known. Cal could go in and extract the four remaining tree-sitters and take chain saws to the trees. Until then, they will allow one bag of food and water to go up daily. 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.

Kristin Bender covers Berkeley. Reach her at kbender@bayareanewsgroup.com. Read her blog at www.ibabuzz.com/outtakes