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BERKELEY — 

A massive contingent of law enforcement officers converged on People’s Park in the wee hours of Thursday morning, intent on clearing the way for crews to wall off the storied green space near the UC Berkeley campus in preparation for construction of a much-contested housing complex for students.

The university launched the extraordinary operation — designed to double-stack metal cargo containers around the entire park perimeter — around 12 a.m.

On their arrival, police surrounded the park. Inside, they were met by several dozen protesters, chanting “Long live People’s Park” along with shouts of “Fight back!” Some were holed up in a makeshift treehouse and on the roof of a single-story building in the park.

By starting the exercise under the cover of darkness and during students’ winter break, university leaders hoped to minimize a conflict with activists adamant the park should remain open space, a living tribute to free speech and student activism. The university planned to install the cargo containers over several days, banking on the massive metal structures to provide a more formidable barrier than the fences protesters have easily breached in the past.

The university acknowledged that construction of the housing, ensnared in a legal dispute, cannot begin unless the state Supreme Court agrees that the Berkeley campus has completed an adequate environmental review of the project. The proposed development would create a dormitory with space for 1,100 students in a college town with a dire shortage of affordable housing. In addition, it would include permanent supportive housing for 125 people living homeless. About 60% of the site would remain green space, with commemorative exhibits about the park’s history.

“Given that the existing legal issues will inevitably be resolved, we decided to take this necessary step now in order to minimize the possibility of disorder and disruption for the public and our students when we are eventually cleared to resume construction,” Chancellor Carol Christ said in a prepared statement.

The university said it intended to keep streets around the park, and at least one block to the north and east, closed for three or four days.

“Unfortunately, our planning and actions must take into account that some of the project’s opponents have previously resorted to violence and vandalism,” Christ said, adding that this was “despite strong support for the project on the part of students, community members, advocates for unhoused people, the elected leadership of the City of Berkeley, as well as the legislature and governor of the state of California.”

Activists intent on preserving the park were tipped off several days in advance that the university would try to cordon off the site while students were on break. They called the incursion by law enforcement and work crews an “attack” that would destroy a legacy to people-powered activism.

Nicholas Alexander was among a small group standing watch over the park Wednesday evening around sunset. Alexander, once unhoused, praised the park as a place that needy people have been able to go for decades to find assistance. He said he was part of the group that helped tear down a university-erected fence in 2022. “This park has always helped the counterculture and the disenfranchised,” he said, “and it’d be a shame if it was taken from us now, because where else will we go?”

Another member of the group watching the park, Sylvia Tree, said she had graduated from Berkeley in 2021. She described the conflict as “a struggle based on the land.”

“It’s about a place where people who don’t own any land can have a little piece of it, a piece that you can grow things on, that you can have sunshine on, that you can meet your friends on,” said Tree, 25. “There’s nobody who controls it. There’s nobody who’s selling you something.”

Such passionate advocacy has become a perennial rite at the small patch of green just south of the campus and a few paces east of Telegraph Avenue.

It began more than half a century ago, in 1969, when the UC system’s founding campus announced its plan for development on what was then an empty lot. Hundreds of students and community activists had another idea, dragging sod, trees and flowers to the lot and proclaiming it People’s Park. The university responded by erecting a fence.

The student newspaper, the Daily Californian, urged students to “take back the park.” More than 6,000 people marched down Telegraph, where they were confronted by law enforcement. In the clash that followed, one man died and scores were injured.

In the decades since, the university has made repeated efforts to reclaim the property, once attempting to construct a parking lot on the edge of the park. A new generation of demonstrators arrived, with shovels and picks, to uproot the asphalt and restore plant life.

In the early 1990s, a young machete-wielding activist infuriated by the university’s construction of volleyball courts at the park was shot and killed by police after she broke into the campus residence of then-Chancellor Chang-Lin Tien. Police said they found a note in the teenager’s bag. It read: “We are willing to die for this piece of land. Are you?”

The push for the university to develop the property gained new life after Christ became chancellor in 2017 amid a student housing crisis. With Berkeley providing housing to a lower percentage of its students than any other UC campus, Christ promised to double the number of beds within a decade. She made it clear that she considered People’s Park — long a “third rail” that campus leaders avoided — a good location for housing.

Opponents of the housing development contend that UC Berkeley has not done enough to study alternative sites. Their cause got a boost in December, when a unit of the National Trust for Historic Preservation wrote a letter calling for “exploring all possible opportunities” for preservation of the park.

The university counters that its plan does acknowledge the historic nature of the park while also trying to resolve problems that have plagued the site and nearby streets in recent years, including homeless encampments, open drug use, petty theft and violence. UC Police Chief Yogananda Pittman characterized this week’s action as necessary to provide members of the community with “the safety and security they need and deserve.”

The university released results of a survey in 2021 that showed students favor the project by 56% to 31%. More recently, in an effort to address complaints that the proposed development would displace unhoused people living in the park, the university hired a full-time social worker and said most park denizens had been relocated to a Quality Inn and offered support services.

But the project suffered a setback early last year when a state appellate court ruled that UC had not properly complied with the California Environmental Quality Act, a decades-old law known as CEQA, which requires state and local governments to consider the environmental impacts of certain construction and housing projects. The court found the university had not properly addressed the issue of noise — specifically the noise generated by students who might drink and hold “unruly parties,” as some neighbors asserted in documents submitted to the court.

The court also ruled that the campus had not properly justified its decision not to consider alternative locations for the housing development. UC attorneys have said that because the project’s aim is to repurpose the park, no alternative would suffice.

The university appealed the decision to the state Supreme Court and also turned to the Legislature. Lawmakers passed a law, signed by Gov. Gavin Newsom in September, designed to make it easier for universities to build housing and overcome lawsuits from residents who raise noise concerns as a potential problem.

All parties in the dispute await a decision by the high court, and the new law presumably will factor into its deliberations.

The last concerted effort by UC to take control of the park for construction came in August 2022. Just hours after an Alameda County judge issued a tentative ruling that the university could begin clearing the park, construction machinery moved into place. But the 2 a.m. operation soon drew protesters who confronted construction crews, toppling a newly erected chain-link fence and streaming into the park, where they were tackled by California Highway Patrol officers.

By day’s end, the university ended the standoff by suspending its effort to take control of the park.

Berkeley City Councilmember Kate Harrison issued a public letter this week calling on police involved in any new go-round with protesters to “follow the City of Berkeley’s rules concerning use of ‘less-lethal’ weapons and tactics,” which include a ban on the use of pepper spray and tear gas. Harrison added: “These rules, established to protect human life and people’s first amendment rights, are core to our City’s value.”

Staff photographer Jason Armond contributed to this report.