Stefan Elgstrand/Courtesy

After two years of planning, some students are raising concerns about the ASUC-sponsored Berkeley redistricting map because the proposed student district excludes Northside residences, including nine Berkeley student housing cooperatives and three residence halls.

Stefan Elgstrand, a UC Berkeley senior and an intern for Councilmember Kriss Worthington since June, has introduced the United Student District Amendment, a proposal that includes Northside residences.

While both the ASUC map and the USDA aim to create a student-majority district to help elect a student representative to Berkeley City Council, proponents of each disagree on how to best represent interests of students and city residents.

Currently, Elgstrand is rallying support for his amendment prior to the City Council meeting on Sept. 10, when the council will continue discussing redistricting.

The ASUC-sponsored Berkeley Student District Campaign map started as a campaign platform for 2011-12 ASUC external affairs vice president Joey Freeman, a Student Action candidate.

The BSDC map creates a student district that encompasses Southside housing, the Greek community and the residence halls, with a 90 percent student population. The map is detailed in ASUC Senate Bill 65, which passed unanimously in the spring of 2013.

“The fact that this (amendment) was introduced so late is really difficult to deal with,” said ASUC External Affairs Vice President Safeena Mecklai of the proposed amendment, which she said the ASUC team has not agreed to. “I wouldn’t be comfortable with it going forward unless the senate endorses it.”

After the BSDC map was submitted in mid-March, Worthington questioned its inclusivity and motivated Elgstrand to draft an amendment.

“The BSDC people mostly live in the fraternities and sororities, so there’s a bit of a bias in that,” Elgstrand said. “From my perspective, since I’m not connected to any of those groups, I can make it more inclusive.”

Proponents say the BSDC map has received support from the Greek community, Cal Berkeley Democrats, Berkeley College Republicans, all 20 ASUC 2012-13 senators and some leaders of the Berkeley Student Cooperative, including ASUC Senator Jorge Pacheco, who is endorsed by the co-ops.

Now, other leaders in the BSC are reconsidering their stances, saying that the BSDC map underrepresents Northside housing. They are giving preference to the USDA proposal, which Elgstrand says includes 87.4 percent of the cooperative population, while the BSDC map only includes 38.1 percent.

“If the intention is to create a unified student district, then not including Northside dorms and co-ops seems to leave out an important population of students,” said Michelle Nacouzi, the 2013-14 president of the BSC.

Nacouzi and other members of the BSC said they were told that it was not feasible to include Northside co-ops in a student-majority district.

Noah Efron, the ASUC redistricting director and local affairs deputy, said the BSDC made several efforts to include the input of student groups by inviting leaders from the BSC, the Greek community and the residence halls to participate in public forums about the plan.

Despite their differences, both Elgstrand and Mecklai said they would prefer to maintain a unified student voice in demanding a student district. However, the ASUC will continue to support the BSDC map without changes to include Northside residences, while Elgstrand plans to push forward his amended plan.

Contact Saachi Makkar at smakkar@dailycal.org.

Correction(s):
A previous version of this article stated that the district proposed by the ASUC represents 90 percent of the student population, defined as residents between ages 18 to 29. In fact, it represents 86 percent of the student population.

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J. Hannah Lee/Staff

Otherwise empty on a Wednesday afternoon, Old City Hall echoed with student voices as Berkeley City Councilmember Kriss Worthington’s summer interns held a mock meeting of the City Council.

This year’s mock council meeting emulated the procedures of a real City Council meeting, complete with a thick agenda packet and public comments. Summer interns proposed policies such as protection for student sexual assault survivors, solutions to stop bicycle theft and amendments to the Berkeley Student District Campaign redistricting plan, which they have been researching all summer.

“The students’ level of professionalism was pretty impressive,” Worthington said. “They’ve written some pretty powerful and complicated policies.”

Several UC Berkeley students have been working on a student district plan, hoping for more student representation in the city. Alejandro Soto-Vigil, Worthington’s legislative assistant and a UC Berkeley alumnus, said that UC Berkeley students should have the opportunity to fill direct positions in city government.

“They’re smarter than us,” Soto-Vigil said. “We really need to have a pipeline of students from UC Berkeley into the city bureaucracy.”

Wednesday’s meeting first began with laughter as the students tested seats and fiddled with the microphones, but the students soon settled into their roles representing council members from the seven districts as well as the roles of mayor and deputy city clerk.

“At first, we were hesitant,” said Savana Manglona, a UC Berkeley junior and political science major. “But it’s nice to see what Kriss does every day.”

Stefan Elgstrand, a UC Berkeley senior and political science major, spoke at recent City Council meetings about amending the BSDC redistricting plan to include more students living on the north side of campus.

Due to his experience with the official council members, peers joked that he is getting used to power. However, all students agreed that the summer intern experience and the mock council meeting empowered them to make active changes on campus and in the Berkeley community.

“I’ve gleaned a lot,” said Jennifer Welden, a UC Berkeley sophomore double major in political science and public policy. “It feels nice to say, ‘Hey, I wrote that council item,’ and see it in action.”

Under Worthington and Soto-Vigil, interns are assigned tasks such as creating council items, drafting proclamations, researching and planning events like Berkeley Pride, but both want more support from other districts and city departments to bolster student involvement.

“This institution doesn’t really facilitate the next generation,” Soto-Vigil said. “I don’t see enough support from other districts. That’s why I hire 15 to 18 interns.”

Worthington added that UC Berkeley students are a huge benefit and necessary to the to the city government.

“They’re doing the city of Berkeley a great favor,” Worthington said. “I think the city gets a lot more than what we give them.”

Contact J. Hannah Lee at jhlee@dailycal.org

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The discussion to increase the minimum wage from the state standard of $8 per hour — as both San Francisco and San Jose have done — began in May, when Mayor Tom Bates and Councilmembers Jesse Arreguin and Kriss Worthington drafted a statement urging the commission to consider implementing a local minimum wage of $10.55 per hour.

Last Wednesday, about 100 people marched to a Commission on Labor meeting held at the North Berkeley Senior Center to comment on the idea. While most at the meeting were in favor of raising the minimum wage, some said that tipped minimum wage workers should not be eligible, because they have the potential to make more money than the average minimum wage worker.

The decision to raise the wage above state levels remains controversial, especially in light of inconclusive evidence regarding its economic effects.

A study commissioned by the California Restaurant Association investigated the potential impact of a wage hike in San Jose. The study began prior to the implementation of the wage hike and found that thousands of jobs and tens of millions of dollars could be lost as a result.

But Javier Gonzalez, director of local government affairs for the California Restaurant Association, said no such study has been conducted since the minimum wage hike was implemented in March.

Restaurant owners in Berkeley are also concerned the wage increase will hurt business in the area.

“Isn’t the city trying to attract new business,” said Natalie and Todd Kniess, co-founders of the Berkeley Restaurant Alliance in a public record submission to City Council and the Berkeley Labor Commission on July 10. “(A wage hike) certainly won’t attract new business, as everybody knows. Who’s going to offset the bad news?”

UC Berkeley economics professor Michael Reich, who has studied the minimum wage increase in both San Francisco and San Jose, does not think an increase in minimum wage would create a negative effect on business and says that it could, in fact, benefit Berkeley businesses.

“Although some potential employers thinking of locating just inside Berkeley’s borders might choose instead a location just across the border, the higher minimum wage will also attract more people to work at Berkeley-based companies,” Reich said in an email. “A higher minimum wage will make it easier for Berkeley employers to attract and retain more workers.”

The commission will continue to deliberate and hear testimony on the issue. Ben Beach, a member of the commission’s minimum wage subcommittee, said he hopes and expects to make a recommendation to the City Council in the fall.

“I think it is pretty clear where public opinion is going with minimum wage in Berkeley,” said Angus Teter, chair of the subcommittee. “The opinion is that Berkeley should increase the minimum wage, including for restaurant workers … it doesn’t make sense to uplift only some minimum wage workers.”

Contact Nico Correia at ncorreia@dailycal.org

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But this new location might not be sustainable in the long run.

For one, the new Bancroft and College location is a low-traffic area compared to Bancroft and Telegraph. Healthy Heavenly Foods owner Ann Vu has said she expects to get less business from the new location than she did at Sproul Plaza, where she saw two to three times as many people pass through the area each day. Vu cannot afford this, as she has already lost money in dislocation costs — including damaged food and the cost of parking her truck elsewhere while a new location was settled.

Because some of these food trucks are not part of the popular Off the Grid food truck event — which hosts food trucks gatherings around the Bay Area on a semiweekly basis — they rely on having a specific location in the city where they have built a following and base.

The city and the campus have known that the Lower Sproul project has been in the works for years. The city should have better prepared to support the food trucks by negotiating new locations for them before construction began. The city has not yet notified Vu or her fellow food truck owners about how long or under what the terms they will be able to stay at Bancroft and College. There is also no guarantee that the food trucks will be able to return to their original location in front of Lower Sproul once construction is completed in two years — something the food trucks were originally promised.

The past success of food trucks in the city has shown that they are wanted by students and city residents alike. But if food trucks are considered unlike other city businesses and are not provided with clear terms for and fair contracts in the event of their dislocation, we will prevent them from serving Berkeley’s community and being successful.

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Andrew Kuo/Senior Staff

Healthy Heavenly Foods, one of three food trucks formerly located in front of Sproul Plaza, reopened on Bancroft Way and College Avenue on Monday after being shut down for seven months due to construction on Lower Sproul Plaza, which started in December.

The other two food trucks, Kettle Corn Star and Dojo Dog, are still negotiating with the city about the new terms that the city has presented them with in order to operate at the new location.

Some owners of the food trucks, as well as Councilmember Kriss Worthington, claim that the terms of the contract have changed since their original date, because they say they are no longer promised a return to their original location at Telegraph Avenue and Bancroft Way in two years’ time. Instead, owners say the trucks are to stay at the new location for two and a half years.

Ann Vu, owner of Healthy Heavenly Foods, said that the original location of her truck brought her business more profit than her new location does — she estimates two to three times the number of people would pass by the Sproul Plaza area. Despite this issue, Vu said she is OK with the location but wants an extended contract.

“I’m still worried because the terms (of the contract) are not nice,” Vu said. “The other trucks are negotiating with the city, but I had to sign because I need the money. I have to work.”

Jack Huynh, the owner of Kettle Corn Star, wants to be able to operate at the new location but return to Sproul Plaza when the construction is completed.

“We aren’t asking for compensation from the city but only for them to allow us to work and operate at our original location,” Huynh said. “We want them to work with us so that we can have the best conditions for a food enterprise.”

During the hiatus, when her business was shut down, Vu said she lost money paying to park the truck in a parking house, paying for a permit license and having to throw food away. She said she lost many of her employees and income and stayed at home during the seven months.

Huynh said that he and other food truck owners were presented with new terms in May that allowed them to stay at UC Berkeley — but only at the Bancroft Way and College Avenue location and only for two and a half years.

“I was upset when (the trucks) got moved because (Vu) used to have her store inside a building,” said Berkeley resident Sabine Mackey. “Then she got moved outside, and now she has gotten moved out here. There was a huge time period during which she lost all of her money.”

Contact Sasha Costello at newsdesk@dailycal.org.

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Kore Chan/File

Last Tuesday, Berkeley City Council became the first city council in the nation to adopt an official policy to divest funds from 200 fossil fuel-producing companies, joining a nationwide movement to try to help curb global climate change.

Inspired by UC Berkeley student groups and the environmental organization 350.org, the city of Berkeley has committed to divest all city funds from direct ownership of publicly traded corporations defined by the city as “fossil fuel companies,” including BP, Chevron Corp. and Exxon Mobil Corp. The policy prohibits the city from making any future investments in the listed companies and aims to complete the divestment process within the next five years.

“While fossil fuel companies provide an attractive return on investment, the city of Berkeley will suffer greater economic and financial losses from the impact of unchecked climate change,” reads the new investment policy, which was originally recommended to the City Council by Councilmember Kriss Worthington.

The 200 publicly traded fossil fuel companies were chosen by Berkeley City Council due to their perceived control over the majority of the world’s oil, coal and gas reserves. According to 350.org, nearly 80 percent of these reserves must go unburned in order to maintain global warming below two degrees Celsius, a target that the United States agreed to meet at the Copenhagen climate summit in 2009.

Worthington noted that nine other cities have also made commitments to divest, but Berkeley was the first to formally adopt an official policy solidifying its divestment.

“The momentum of getting cities on board is the significance,” Worthington said. “There have been hundreds of universities involved in this movement, and I thought, ‘If the universities can do this, why can’t we?’”

The policy follows on the heels of the ASUC Senate — which passed SB 10, a similar bill, in February — divesting funds and prohibiting future investments from the same 200 fossil fuel companies. These 200 companies were originally decided on by 350.org, whose 2012 Go Fossil Free Campaign helped spark a national movement in fossil fuel divestment.

“The Berkeley City Council’s vote to divest from the fossil fuel industry is really exciting,” said ASUC Executive Vice President Nolan Pack, who co-authored the ASUC bill. “There are divestment campaigns at universities and in cities across the U.S., and the Berkeley City Council’s decision to go fossil-free adds momentum to the movement.”

Ophir Bruck, a UC Berkeley student and fossil free fellow of 350.org, suggests that reinvestment in cleaner energy sources may also be an effective strategy to help achieve this goal.

“It is the logical move to reinvest divested funds in areas of the economy that are productive in climate-change adaptation and mitigation,” Bruck said.

Contact Andrew Dickey at adickey@dailycal.org.

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Jan Flatley-Feldman/Staff

The city of Berkeley filed a claim Wednesday against the federal government in response to U.S. Attorney Melinda Haag’s attempts to shut down Berkeley Patients Group, Berkeley’s largest medical marijuana dispensary.

The original complaint, filed by Haag on May 2, threatened to confiscate the dispensary’s assets for violating a federal law prohibiting drug sales within 1,000 feet of schools. Its landlord faces felony charges for allowing the dispensary to exist near a preschool, a violation of federal but not state or city law.

The city of Berkeley is claiming that the closure of BPG would lead to a significant decrease in city tax revenue and would encourage illegal marijuana sales. The closure would also negate the city’s efforts to implement regulated medical marijuana dispensaries, efforts that the city stated “positively impact the health, safety and well-being of all city of Berkeley residents.”

“We believe that licensing and regulation is far safer for the patients and for the rest of the people of Berkeley,” said Councilmember Kriss Worthington. “As a part of the licensing and regulating, the dispensaries in Berkeley go through an exhaustive review to decide if they deserve to get a permit.”

Wednesday’s claim, as well as a similar suit filed in October over the Harborside Health Center, a dispensary in Oakland, resulted from conflicts between local and federal officials regarding the distribution of medical marijuana. Eighteen states, as well as the District of Columbia, allow the use of medical marijuana despite a 1970 federal ban on the substance, stirring conflict about which legislation to follow.

“This is a great show that localities are not going to be bullied by the federal government,” said Amanda Reiman, policy manager of the California branch of the Drug Policy Alliance, an advocacy group supporting drug-law reform. “(Cities have) taken time and effort and money to establish these regulations, and they feel they should be able to go ahead if they are in compliance with (state) law.”

Earlier this week, a federal court allowed the Harborside Health Center to remain open while awaiting an appeal hearing. The original decision found that the city of Oakland had no right to contest the federal government’s attempt to shut down the center.

“It’s a criminal thing that a U.S. attorney is spending all this time and money going after legitimate, licensed and regulated medical cannabis dispensaries,” Worthington said. “There are so many criminals doing horrible things. For this attorney to be going after people who are following city and state law is sad and sickening.”

Representatives from the U.S. attorney’s office could not be reached for comment.

Last month, the U.S. Conference of Mayors unanimously approved a resolution calling for the federal government to leave regulation of medical marijuana to local officials. Both Berkeley Mayor Tom Bates and Oakland Mayor Jean Quan were listed as co-sponsors of the resolution.

“Enforcing the costly and ineffective prohibition on marijuana drains limited resources that could be better spent on programs that more effectively serve the public,” a group of 18 mayors from across the country wrote in the resolution. “States and localities should be able to set whatever marijuana policies work best to improve the public safety and health of their communities.”

Contact Simon Greenhill at sgreenhill@dailycal.org.

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Stefan Elgstrand/Courtesy

Berkeley City Council moved toward approving a new redistricting map at its meeting Tuesday by passing a motion supporting the ASUC-sponsored redistricting map.

The Berkeley Student District Campaign map would create a student-majority district south of the UC Berkeley campus, increasing the chances of a student representative being elected to Berkeley City Council. Final approval of a districting map is expected to be made in September.

By passing the motion, the council also diverted attention from two other plans, the Edge Simplicity Plan and an amended ASUC plan called the United Student District Amendment, proposed at Tuesday’s meeting.

The BSDC map continues to receive support from most council members. At the meeting, however, an amendment was introduced that would change the borders of the planned student-majority district to include more student residences, such as cooperative houses, residence halls and International House. The USDA amendment was proposed by Stefan Elgstrand, a UC Berkeley student and intern for Councilmember Kriss Worthington.

Elgstrand’s main concern with BSDC’s proposal is that it does not include students who reside on Northside, which includes nine co-op houses and three dormitories. Elgstrand said he is concerned for those students.

“They are paying thousands of dollars to be living in these areas, so they should at least have a voice in the local government,” he said.

Safeena Mecklai, ASUC external affairs vice president and a representative for the BSDC map, said that her primary goal is to make sure students are represented on the council and not necessarily to support the exact BSDC map.

“We’re in favor of any map that puts forward a student district, that works with the political process and that protects student interests,” Mecklai said. “If students feel that the map represents them, that’s a good thing.”

Several council members, however, said that the proposal of a new plan upsets the political integrity of the redistricting process.

“I feel uncomfortable for having this happen at the very last minute when it could have happened sooner,” said Councilmember Linda Maio at the meeting. “All of these plans went through a public process out in the community.”

Councilmember Kriss Worthington opposed the negative sentiment regarding the new amendment.

“The purpose of a public process is to hear ideas,” he said. “We received new information today that was never provided at previous meetings.”

The council ultimately passed a motion in support of the BSDC proposal with a vote of 7 to 2.

Mayor Tom Bates placed emphasis on the fact that the newly created district will not include all students but will geographically encompass several residential areas surrounding the Berkeley campus.

“I think that I’m planning on supporting the student district (BSDC proposal),” Bates said. “I just don’t want to call it a student district — I want to call it a campus district.”

The council will meet Sept. 10 to continue considering redistricting proposals.

Contact Saachi Makkar at smakkar@dailycal.org

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Mary Zheng/Staff

Berkeley City Council approved the construction of an ice cream shop named Dream on Telegraph Avenue across from CREAM at its meeting Tuesday on the condition that a proposed takeout window would be removed from the plans, due to ADA accessibility and traffic concerns.

The Dream project was submitted by Rasputin Music owner Ken Sarachan and approved by the city’s Department of Planning and Development in September 2012. CREAM manager Gus Shamieh appealed the decision later that month to the Zoning Adjustments Board, citing concerns that a takeout window might generate harmful amounts of traffic.

The board affirmed the city’s approval of the project January, but in February, Shamieh appealed the board’s decision to the City Council.

“This is not an issue about competition,” Shamieh said. “This is an issue about safeguarding the right of ADA persons to freely and safely access the sidewalk. This is about protecting bicyclists and motorists from potentially hazardous situations.”

The proposed window would have looked out onto Channing Way, the sidewalk of which is narrowest at 8 feet and widest at 16 feet and 9 inches.

At the meeting, Councilmember Max Anderson raised concerns of space for balance- and sight-impaired people, and Councilmember Jesse Arreguin added that the takeout window would increase the incidence of double-parking and parking in the red curb parking zone.

However, most of the public comment from both sides of the appeal focused on concerns with competition and maintenance of small, local businesses pertinent to the cultural character of the city.

“We have a Dreyer’s and a Breyer’s,” said Councilmember Susan Wengraf in response to these comments. “They are both doing really well … CREAM has a niche market. It has a loyal following. It’s very popular, and other businesses deserve the same chance to make it.”

According to Sarachan, Rasputin recently had a 75 percent drop in sales. Sarachan also closed down some of his stores in other cities and believes Dream would boost sales. As an owner of an organic farm in Fairfield, Calif., Sarachan said he plans to start a line of more organic ice cream products that would offer a healthier alternative.

Councilmember Laurie Capitelli also argued that an additional ice cream store would reduce waiting time and actually increase the number of people coming to Telegraph Avenue. Councilmember Kriss Worthington argued, however, that the crowd around Dream may be located perpendicular to the street, as opposed to huddled against a wall like at CREAM, and cause more disturbance.

Chandna Agarwal, a former CREAM employee, said that the same arguments for overcrowding at Dream could also apply to CREAM.

“(CREAM) may be a store, but it’s practically a booth, a window,” Agarwal said. “In there, there are at most six people being served, and the rest eat standing outside.”

All councilmembers except Worthington voted to pass Councilmember Linda Maio’s motion to allow Dream to open but with no takeout window.

Contact Mary Zhou at mzhou@dailycal.org.

Correction(s):
A previous version of this article incorrectly stated that the Zoning Adjustment Board approved the project in September. In fact, the city Department of Planning and Development approved the project.

A previous version of this article incorrectly spelled Chandna Agarwal’s name.

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The first case, United States v. Windsor, overruled the federal Defense of Marriage Act, while the second case, Hollingsworth v. Perry, ruled on California’s ban on same-sex marriage, Proposition 8. The decision for the DOMA case, which allowed same-sex couples to receive federal marriage benefits, was decided 5-4, with the majority opinion written by Justice Anthony Kennedy.

Kennedy, a swing voter in recent years, was supported by the four liberal-leaning justices of the court. They ruled in the decision that the statute violated the Fifth Amendment.

In the Prop. 8 case, the Supreme Court, in effect, legalized same-sex marriage in California on procedural grounds, saying Prop. 8 proponents had no legal standing to appeal the case.

Jason Fauss, an ally of the LGBTQ community and a student participating in UC Berkeley’s Cal in the Capital program, was able to witness the decision announced at the U.S. Supreme Court building.

“It was nerve-wracking being in the courtroom waiting to hear the decision,” Fauss said.

As soon as DOMA was announced as overruled, Fauss said that there was an audible roar outside the courtroom doors.

Celebrations were not limited to the capital. LavenderCal, UC Berkeley’s network for LGBTQ faculty members, held a celebration on the steps of Sproul Hall at about noon. The city of Berkeley also held a celebration Wednesday evening on the steps of Old City Hall. The gathering was small but attracted passionate community members who shared their thoughts and personal stories.

At the celebration, California state Assemblymember Nancy Skinner, D-Berkeley, fought back tears as she shared a text message from her lesbian daughter: “Mom, we can get married at home. Happy tears when I read the headline.”

Ann Riley, a Berkeley resident and former UC Berkeley student, was also at the event and appreciated both the Prop. 8 and DOMA rulings.

“I plan to get married in 25 days,” Riley said.

Joi Soley, a communications director of Pacific School of Religion, a seminary in Berkeley, said that the school had an extremely positive reaction to the decisions. According to Soley, the school is extremely tolerant of people of all sexual orientations.

Many community members, however, continued to look toward the future, noting that the Prop. 8 ruling only affected same-sex marriage in California. Despite the procedural nature of the decision in the Prop. 8 case, Berkeley City Councilmember Kriss Worthington saw the decision as a sign of a changing social landscape.

“Although the decision was based on a technical standing, it is clear that the momentum is building astronomically,” he said.

ASUC Executive Vice President Nolan Pack, who identifies as queer, is an LGBTQ activist and was excited for the overall outcome of both decisions. However, he said he is concerned for other states that are still struggling to obtain marriage equality.

“If DOMA is a one and Prop. 8 is another one, we are at a 1.5 out of two right now,” Pack said.

Although the decisions are a victory for the LGBTQ community in California, more than 30 states still prohibit gay marriage, a concern to many members of the Berkeley community.

At the city’s celebration, Councilmember Darryl Moore, who is gay, furthered Pack’s sentiments.

“Let’s go out and celebrate today,” Moore said. “But remember, we have work still to do.”

Contact Saachi Makkar smakkar@dailycal.org.

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