A complaint was filed on May 2 through the U.S. District Court for the Northern District of California against Nahla Droubi, the landlord of the property that houses the dispensary. The lawsuit threatens to seize the property for allegedly violating federal law, which prohibits operating a marijuana dispensary.

Berkeley City Council members and representatives from Berkeley Patients Group held a press conference Wednesday afternoon in front of the Old City Hall expressing their opposition to the lawsuit.

“There is no legitimate reason to target Berkeley Patients Group,” said Sean Luse, chief operations officer at BPG. “They’re in compliance with state law. The U.S. attorney general … has chosen to hurt our patients by diverting attention from the real issues.”

Berkeley Patients Group also came into opposition with the federal government in February 2012, when it received letters from the U.S. attorney’s office for violating a federal law banning dispensaries from being located within 1,000 feet of a school. Even though California law dictates that the distance only has to be 600 feet, the dispensary voluntarily closed down and reopened at a new location in December a few blocks away.

According to the complaint, the U.S. attorney began sending Droubi letters again in November 2012 before the new location opened, warning that the new location would be in violation of the same federal law by being within 1,000 feet of two preschools. A second letter sent in February noted that the group could face criminal and civil penalties if operation continued.

Luse said that the federal government should focus its attention on other crime problems in the city, like illegal drug and gun trafficking. He also said that they plan to fight the lawsuit.

“We look forward to having our day in court and believe we will ultimately prevail,” Luse said.

City Councilmembers Darryl Moore, Kriss Worthington, Laurie Capitelli and Jesse Arreguin voiced their backing of Berkeley Patients Group at the press conference. Mayor Tom Bates also showed his support for the dispensary.

“I’m very, very disappointed that this has happened, and we’ll do anything we can to make sure they get back into business,” Bates said.

Councilmember Kriss Worthington said that the federal government was overstepping its boundaries, referencing the recent California Supreme Court ruling on City of Riverside v. Inland Empire Patients Health and Wellness Center. In the ruling, the court recognized the legality of medical cannabis dispensaries but allowed that local governments may ban dispensaries despite state law.

“Being a U.S. attorney doesn’t give you the right to change state law or city law,” Worthington said. “It’s so absurd. It’s a waste of time, and it’s threatening patient care.”

In the meantime, the dispensary will remain open, according to Henry Wykowski, attorney for Berkeley Patients Group.

“The only people that would benefit from the closing of Berkeley Patients Group are the gangs and cartels,” Wykowski said. “This action will cause them to prey on the patients who now have a clean, safe place to get their medicine.”

The federal government filed a similar lawsuit against a medical marijuana dispensary in Oakland last July. The city of Oakland filed a lawsuit in response, claiming that the federal government had overstepped its jurisdiction. A federal judge later dismissed the lawsuit, saying that only the dispensary and its landlords could contest the government’s seizure of property.

Wykowski said that they intend to file a claim in response to the lawsuit and will also present their case in court.

Contact Tara Hurley at thurley@dailycal.org.

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After the final part of the move to West Campus from July 27 to Aug. 7, all administrative offices will begin operating from the new location on Aug. 8.

The goal of move, according to the district website, is to centralize the three seismically unsafe buildings in Old City Hall at 2134 Martin Luther King Jr. Way, the Annex at 1835 Allston Way and operational offices on Oregon Street into one “newly retrofitted and modernized building.”

The district, which has occupied Old City Hall since 1975, has been considering this move since 2009. The renovations on the new building began in May 2010 and were set to be completed by Dec. 2011, according to the district website. District Superintendent Bill Huyett had said the move was to be completed in January of this year. The West Campus had been the location of the Berkeley Adult School until 2004.

According to its website, the district has three separate projects for this property — the classroom building ‘C’ on Bonar Street at the West Campus site will be the Central Office Administration, the West Campus School Board Room will replace the Old City Hall Council Chambers for public meetings of local school officials and the West Campus Career Technical Education and possible charter school project will create classrooms and support spaces for 400 students at West Campus.

The Berkeley City Council, which currently holds its meetings at Old City Hall, also considered moving their chambers to the 7.3 acre area along University Avenue but received many concerns from neighboring residents in the fall regarding traffic and noise concerns of future construction projects. The council has since decided not to move the chambers.

According to the Oct. 2011 West Campus Community meeting minutes, “Huyett explained that the long term goal of the West Campus projects is to revitalize the entire site … He stated that the BUSD has the intention of acting as a good neighbor by facilitating these projects to help improve the neighborhood.”

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The council meeting, which was scheduled for 7 p.m. at Old City Hall, will now be rescheduled for the same time on July 31. A special meeting that was scheduled to begin at 5:30 p.m. will also be rescheduled to the same day.

The council chamber, which is located on the second floor, still had access through the stairs, but lacked any other wheelchair access.

City spokesperson Mary Kay Clunies-Ross said the meeting was not able to be held because there was no wheelchair access to the second floor besides the elevator, which would have violated the Americans with Disabilities Act, which requires access be provided to those with disabilities.

Clunies-Ross said this is not the first time the elevator has broken down, but is usually repaired relatively quickly.

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Despite the building’s humble grandeur, a plaque left of the entrance reminds visitors that “this building does not meet structural standards for earthquake safety.”

The building is currently home to Berkeley Unified School District’s administrative offices and also hosts bimonthly meetings of Berkeley City Council, though the seismically unsafe label has led the city to look for new locations for their meetings — leaving the future of the city’s elegant historical edifice up in the air.

“The building should not be abandoned, because it has been the symbol of the city after it was built over a hundred years ago,” said Susan Dinkelspiel Cerny, a board member of the Berkeley Architectural Heritage Association. “It is a singular building. There is no other building like it — it is one of a kind.”

The total cost of renovating the building would be around $40 million to $50 million, according to city spokesperson Mary Kay Clunies-Ross.

But Cerny said the imminent departures would leave the building vacant and vulnerable to trespassers and neglect, adding that the worst possible option would be to board the building up — what she called “demolition by neglect.”

Instead, she said, the city should focus on who they could lease the building to and spend the money to retrofit the landmark.

At its Feb. 28 meeting, the City Council voted to have the city manager begin preparing the building for lease, though Clunies-Ross said no clear time frame has been established for this process.

Councilmember Darryl Moore said it was “sad” the council has to leave but also necessary to ensure the safety of employees that work in the building in the event of a major earthquake.

“What needs to happen is that, at some point, we need to put a bond measure to retrofit and update old city hall,” he said.

But according to Moore, retrofitting does not seem likely, due to the city’s current financial situation and the likelihood of voters passing another bond measure, despite being the most feasible way of footing these high costs. The earliest this would be put on the ballot is the June election, he said.

“Until we do get one passed, unfortunately, the building is going to stay empty,” Moore said.

Although retrofitting the building is one of the city’s more costly projects, it is not the only facility in need of renovation, according to the city’s biennial report on capital improvement projects for fiscal years 2012-13. Projects like the seismic retrofitting of the Veterans Memorial Building and renovation of King Pool will also have to find alternative funding sources through grants, fee increases or possible ballot measures.

It would cost more than $500 million to complete all of the infrastructure projects the council came up with at a series of work sessions last fall.

Worries about the uncertain future of the building have gained further urgency now that the school district’s move to its newly renovated West Campus facility is set, to take place next month, according to district spokesperson Mark Coplan. The district has occupied Old City Hall since 1975.

The City Council is still deliberating on three final possible locations — Berkeley City College Auditorium, Longfellow Middle School Auditorium and North Berkeley Senior Center Multi-purpose Room — and will meet again May 1 to discuss the viability of the different options.

Having been the meeting place for political change for over a century, Old City Hall is not only an architectural exemplar but also a historical reminder of an illustrious past, notably from the Free Speech Movement in the 1960s to public education cuts in 2012.

Furthermore, the building was renamed the Maudelle Shirek Building in 2007, in honor of the past Berkeley City Council member, who was also a civil rights activist and the oldest elected official in California.

“We don’t want our city to look like every city in the state,” Cerny said. “It helps Berkeley to have a distinctive quality to it.”

Weiru Fang covers Berkeley communities.

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Before joining the Berkeley Federation of Teachers demonstration at 4:30 p.m., high school students danced, sang and signed murals in front of Berkeley Unified School District’s administrative offices on 2134 Martin Luther King Jr. Way to show their support for public education while also speaking out against recurrent budget cuts at the state level.

Though the teachers’ union has held similar rallies in the last five years, the specific purpose of this year’s rally was to urge parents and faculty to sign petitions against Gov. Jerry Brown’s proposed budget cuts, as well as push for the passage of the Millionaires Tax, which would tax the wealthiest Californians to fund the state’s schools and colleges.

“As a senior and child of poverty, I know how important it is to fight against budget cuts,” said Berkeley High School senior Jasmine Hain. “Especially the juniors and seniors feel the urgency … the fight is absolutely not over.”

Between 700 and 800 students were at the rally at its peak around 3 p.m., according to estimates from Berkeley Police Department.

Hain said the Occupy BHS club only had 10 members three weeks ago but has expanded due to the efforts of students coordinating with members of Occupy Cal at UC Berkeley. Hain said that after going class to class to make presentations, many more teachers and students members began expressing their support.

Though sympathetic to the cause, high school principal Pasquale Scuderi said in a message sent to the high school community earlier in the week that students who skipped class would be given an unexcused absence.

John Becker, an English teacher at the high school, was one of many of the district’s staff and administrators who came out to the afternoon rally and spoke, along with others including the district’s superintendent Bill Huyett and board director Beatriz Leyva-Cutler.

“I think (the students) could have joined us afterwards, but it is important for their voice to be heard,” Leyva-Cutler said.

Weiru Fang covers Berkeley communities.

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The march is in response to an I-9 audit, mandated by the U.S. Department of Homeland Security, that resulted in the firing of 200 undocumented workers starting in December. The audit demanded that the company check the employment eligibility of its workers, eventually leading to the dismissal and replacement of those who could not provide social security numbers.

According to Pablo Paredes, one of the event coordinators, the march has multiple goals. In addition to standing against the Obama administration’s practice of conducting citizenship audits, march participants hope to create a sense of dignity in workers who feel that they were treated inhumanely.

“Immigration audits, a.k.a silent raids, destroy the livelihoods of migrant families and make workers vulnerable to the kinds of abuses these workers suffered,” Paredes said in an email.

Elisabeth Jewel, spokesperson for Pacific Steel, said the company is sympathetic to the march’s “purpose in bringing awareness to federal government actions concerning I-9 audits.”

“We do feel, however, that anger targeting the company is entirely misplaced,” she said.

Pacific Steel is also in the midst of a lawsuit filed by a former employee who is seeking financial restitution for the company’s alleged failure to provide mealtimes, rest periods and timely payment to dismissed workers.

Lori Haley, spokesperson for U.S. Immigration and Customs Enforcement, said businesses that employ illegal aliens are able to exploit workers and pay them low wages, gaining a comparative advantage over law-abiding companies.

“These inspections are one of the most powerful tools the federal government has to ensure that businesses are complying with U.S. employment laws,” she said.

Berkeley city officials have also found fault with ICE’s intervention, citing Berkeley’s status as a sanctuary city.

“The way the ICE has busted in here and disrupted families and homes is unacceptable,” said Berkeley City Councilmember Darryl Moore. “Berkeley is a sanctuary city … We should live up to those values.”

Paredes said in the email that he expects at least 300 people — both dismissed former employees and their supporters — to participate in the march, which will begin making its way from Old City Hall at 2134 Martin Luther King Jr. Way to Pacific Steel at around 10 a.m., according to the Facebook page.

“Pacific Steel has plenty of lawyers who can outspend the workers in court, but the workers can marshal public support for their noble and just cause,” Paredes said in the email.

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The second public hearing for redistricting will be held at Tuesday’s meeting, as well as further discussion of potential locations where city council chambers could be relocated once Old City Hall, at 2134 Martin Luther King Jr. Way, has been vacated for seismic updates.

Read an annotated agenda below:

Adelyn Baxter is the lead city government reporter.

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The council asked that city staff bring the report before the council within 60 days so that the item can be placed on the council’s agenda at their next possible meeting. The council has yet to vote on where they will be moving its meetings or when it will vacate the current chambers.

The city has already designated $400,000 from its budget to go toward the construction of new council chambers. The purpose of the report is to evaluate every possible option for relocation within the city and to allow for public input before any decision is made.

“There are certain places that seem logical,” said Councilmember Kriss Worthington after the meeting, mentioning Berkeley City College as one location that seems viable but is not being discussed by the city.  “Are there reasons these places wouldn’t work? It would be good to let the public know why.”

The council hopes that the new chambers will be more handicap accessible and able to seat larger numbers than the 123 person capacity the chambers currently hold, as well as featuring updated technology and maintaining close proximity to public transportation.

At the meeting, several community members voiced concerns about the possibility that the council might move their chambers to the cafeteria of Berkeley Unified School District’s West Campus, located on University Avenue between Bonar Street and Curtis Street.

“I’m really hoping that if the City Council considers moving to West Campus that you really look for some alternate locations,” said Berkeley resident Thomas Towey, who lives in the neighborhood around the West Campus.

Towey said he was worried about the lack of a closed space outside of the cafeteria that would house council meetings.

“It’s going to create all kinds of problems from people having to stand outside,” he said.

While Mayor Tom Bates said during public comment that every other option for the council’s relocation had been looked at, many community members seemed incredulous that the West Campus could really be the only option.

“I think the idea of moving this to my neighborhood is crazy,” said Berkeley resident Carol Lindeman, who lives in the neighborhood around West Campus. “This kind of activity has no business in a residential neighborhood.”

Many neighbors in the vicinity of the West Campus said they do not like the prospect of increased noise and traffic late at night that come with City Council meetings. Others pointed out the distance from the city center and potential inconvenience that would arise for community members who want to attend meetings.

“I’ve always stressed the importance of having City Council chambers downtown,” said Councilmember Darryl Moore. “We’re going to have traffic and noise impacts. West Campus is not the location to have this chamber.”

Worthington said there are other buildings around the city that remain in use despite being seismically unsafe. However, Old City Hall is over a 100 years old and needs a variety of upgrades beyond retrofits, including improved wheelchair accessibility.

“The plan right now is to spend $100,000 to shut down the Old City Hall and basically put it on moth balls,” Worthington said, adding that many non-profits would probably be interested in using the building. “I think that would be a waste. It doesn’t make sense to leave this building sitting empty.”

No timeline has been set as to when the council will vacate its chambers.

Adelyn Baxter covers city government.

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The building, located at 2134 Martin Luther King Jr. Way and also called the Maudelle Shirek Building, after the former council member, was completed in 1909 and has suffered from a lack of upgrades and renovations over the years.

“Our old building was not seismically safe, and renovating it to meet the standards would have been a large finical burden,” said district Superintendent Bill Huyett.

Huyett said the district will move its headquarters to a three-story building at Bonar Street and University Avenue, which will be part of a larger development known as “West Campus.” Renovations on the building, which began in May 2010, are set to be completed by December of this year, according to the district’s website. Huyett said the move is set to be completed by January 2012.

The West Campus, a 7.3-acre location on University Avenue, could also be home to City Council chambers. However, the council is considering several locations and has not yet decided where or when to move, according to Councilmember Kriss Worthington.

“We have not yet voted,” Worthington said.

Worthington cited several reasons for moving, including obtaining a building that is more wheelchair-accessible than the current chambers.

“We want to allow all members of the community a chance for equal participation,” he said. “We also want a location that is situated near public transportation.”

Critics of moving the council chambers to West Campus have said that it would shift the seat of government to an area that is more residential and less centrally-located. Thus far, no timeline has been made available for when the City Council will vote on a new location.

The Revolutionary Education and Learning Movement charter school will jointly occupy the West Campus site with the district headquarters.

Classes for the REALM school, which was approved by the district’s Board of Education in June last year and is the district’s first charter school, are currently held on Eighth Street, near the intersection of Addison Street. Starting at the beginning of the 2012-13 school year, the school — which is expected to eventually grow to 400 students — will start using facilities at the West Campus, according to Huyett.

Details of the move are still being worked out. Huyett said REALM is trying to figure out where to have a cafeteria in the West Campus, since, if the council chambers move there, they would occupy the cafeteria.

According to Huyett, a preschool that is currently located on the West Campus will remain open and continue with normal operations.
A community meeting about the move is set for 6:30 p.m. to 8 p.m. Tuesday in the West Campus Gym.

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