APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AMENDING RESOLUTION NUMBER 88735 C.M.S.,
WHICH AMONG OTHER THINGS AUTHORIZED THE ACCEPTANCE
AND APPROPRIATION OF NINE -HUNDRED AND NINETY -SEVEN
THOUSAND SIX HUNDRED AND NINETY -FOUR DOLLARS ($997,694) IN STATE OF CALIFORNIA PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM COHORT TWO FUNDS (PROPOSITION 64
GRANT) AND TH E CITY’S FUNDING OF SERVICES TO SUPPORT
OAKLAND CANNABIS BUSINESSES AND ADDRESS THE PUBLIC
HEALTH IMPACTS OF CANNABIS ON YOUTH BY:
(A) AUTHORIZING AN INCREAS E IN FUNDING FOR THE
CITY’S EXISTING AGREEMENT WITH THE PUBLIC HEALTH
INSTITUTE FROM ONE HUNDRED AND SIXTY -THREE
THOUSAND THREE HUNDRED AND SIX DOLLARS ($163,306)
TO FOUR-HUNDRED AND FORTY -THREE THOUSAND THREE
HUNDRED AND SIX DOLLARS ($443,306) FOR ADDITIONAL
SERVICES TO BE PROVIDED INCLUDING SUBSTANCE USE
PREVENTATIVE AND INTERVENTION ACTIVITIES FOR
YOUTH; (B) AUTHORIZING AN INCREASE IN FUNDING FOR
THE CITY’S EXISTING AGREEMENT WITH LMB CREATIVE
GROUP, LLC FROM FIFTY THOUSAND DOLLARS ($50,000) TO
EIGHTY THOUSAND DOLLARS ($80,000) TO ENSURE
SUFFICIENT RESOURCES FOR DATA COLLECTION AND
LOCAL EVALUATION REPORTING TO MEET PROPOSITION 64
GRANT REQUIREMENTS; (C) AUTHORIZING AN
INCREASE IN FUNDING FOR THE CITY’S EXISTING
AGREEMENT WITH MAKE GREEN GO FROM SEVENTY
THOUSAND DOLLARS ($70,000) TO SEVENTY-FIVE THOUSAND
DOLLARS ($75,000) TO PROVIDE A PUBLIC AWARENESS
CAMPAIGN FOR SUPPORT OF EQUITY -OWNED CANNABIS
BUSINESSES; AND (D) WAIVING THE REQUEST FOR
PROPOSAL/QUALIFICATION REQUIREMENTS FOR THE
PROPOSED CONTRACT INCREASES WITH THE PUBLIC
HEALTH INSTITUTE, LMB CREATIVE GROUP, LLC, AND
MAKE GREEN GO
2 WHEREAS, the voters of the State of California approved Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) in November 2016; and
WHEREAS, Proposition 64 legalized the recreational use of cannabis in California for people 21 and older; and
WHEREAS, part of Proposition 64 directs a portion of tax revenue generated from the cultivation and retail sale of cannabis towards a state grant program that assists in mitigating the impacts due to the legalization of recreational cannabis; and
WHEREAS, the California Revenue and Taxation Code directs the Board of State and Community Corrections (BSCC) to provide state grants to local governments to assist with law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act; and
WHEREAS, in December 2020 the BSCC released a Request for Proposals (RFP) for the Proposition 64 Public Health and Safety Grant Program Cohort 2 wi th applications due January 29, 2021; and
WHEREAS, the RFP limited eligible activities to four Project Purpose Areas (PPAs): (1) Youth Development/Youth Prevention and Intervention, (2) Public Health, (3) Public Safety, and (4) Environmental Impacts; and
WHEREAS, the RFP mandated that all applicants address PPA 1 Youth Development/Youth Prevention and Intervention with at least ten percent of requested grant funds; and
WHEREAS, in January 2021 the City of Oakland submitted a Proposition 64 Cohort 2 grant application to the BSCC in partnership with East Oakland Youth Development Center (EOYDC), the Public Health Institute (PHI), and Castlemont High School; and
WHEREAS, the City of Oakland’s grant proposal centered around an Oakland Cannabis Awareness and Safety program, to (1) educate youth, ages 12 -21, and parent(s) about the risk of cannabis to delay the onset or reduce cannabis use, (2) inform adults 21 and over about how to responsibly use cannabis and support equity -owned business, and ( 3) deliver a series of safety workshops for cannabis businesses; and
WHEREAS, the City of Oakland’s grant proposal set forth funding allocations for the EOYDC and the PHI to receive funds to conduct the youth and adult education programs regarding cannabis use mentioned above; and
WHEREAS, the City of Oakland’s grant proposal also set forth an allocation of $30,000 to Cityspan, a cloud-based, data management system for tracking social service programs; and
WHEREAS, on April 8, 2021, the BSCC approved fu nding for all of the proposed uses and projects identified in the City of Oakland Proposition 64 grant proposal; and
3 WHEREAS, the BSCC’s approval of the City of Oakland’s grant proposal includes funds specifically for the education and/or information campaigns to be undertaken by EOYDC and the Public Health Institute (PHI), and
WHEREAS, on July 6, 2021 the Oakland City Council approved Resolution No. 88735 C.M.S., which authorized professional services agreements with EOYDC for three-hundred and sixty thousand dollars ($360,000), PHI for one-hundred and twenty thousand dollars ( $120,000), and Cityspan for thirty thousand dollars ($30,000); and
WHEREAS, the reimbursable BSCC 2021 grant funding was appropriated in Oracle under Other State of California Fund (2159), Special Activities Organization (85611), BSCC 2021 Grant Project (1006191), BSCC 2021 Grant Award (24079); and
WHEREAS, in the Fall of 2021, EOYDC advised City staff that they lacked the capacity to carry out their portion of the Proposition 64 Grant; and
WHEREAS, subsequently City staff identified Youth Uprising as an East Oakland non - profit in close proximity to the site of the youth prevention effort at Castlemont High School with capacity to carry out the services initially assigned to EOYDC; and
WHEREAS, City staff also identified a need for a third -party organization to provide required Local Evaluation Plans and Reports to the BSCC; and
WHEREAS, after carrying out an informal RFP process, City staff identified LMB Creative Group, LLC as a qualified firm with experience with Oakland Unified School District to carry out the Local Evaluation Plans and Reports as well as any data management responsibilities previously assigned to Cityspan; and
WHEREAS, staff recommend ed re-allocating the thirty -thousand dollars ($30,000) initially allocated towards Cityspan to PHI to increase their staff time, printing costs, and software needs for the youth prevention campaign; and
WHEREAS, staff recommend ed allocating fifty thousand dollars ($50,000) initially allocated for EOYDC towards LMB Creative Group, LLC to carry out Local Evaluation Plans and Reports as required by the BSCC; and
WHEREAS, on May 3, 2022 the Oakland City Council adopted Resolution No. 89164 C.M.S. authorizing the City Administrator to enter into a contract with Youth Uprising, PHI and LMB Creative Group, LLC as described above; and
WHEREAS, after the adoption of Resolution No. 89164 C.M.S., staff learned that Youth Uprising was unavailable to carry out the youth case management component of the BSCC grant; and
WHEREAS, staff has developed a plan for an existing project partner, PHI, in collaboration with Castlemont High School to implement the youth case management component in the remaining grant time period; and
4 WHEREAS, staff has also identified additio nal funding is needed for LMB Creative Group LLC to effectively carry out the BSCC grant reporting requirements; and
WHEREAS, after undergoing a formal RFP process, staff selected Make Green Go to implement an adult public awareness campaign to support Oakland equity businesses; and
WHEREAS, staff has identified additional funding is needed for Make Green Go to cover the costs of the adult public awareness campaign to support Oakland equity businesses; and
WHEREAS, staff has identified available existin g BSCC grant funding to support Make Green Go’s costs and the City’s support of Oakland equity businesses; and
WHEREAS, Oakland Municipal Code (OMC) Section 2.04.40.B requires a Request for Proposals/Qualifications process for all professional services contracts of more than $50,000 and
WHEREAS, Pursuant to OMC Section 2.04.051.B, the City Council may waive the Request for Proposals/Qualifications requirements for contracts and contract increases upon a finding that it is in the best interest of the City to do so; and
WHEREAS, that City staff recommends that the City Council waive the Request for Proposals/Qualifications process for the proposed increases in funding for the agreements with PHI, LMB Creative Group LLC, and Make Green Go because the BSCC has approved the City’s grant proposal setting aside funding for the above-mentioned adult public awareness as well as youth education and case management campaigns and time is of the essence in completing the project on time; now, therefore be it
RESOLVED: That City Administrator is authorized to use Proposition 64 grant funds to increase the existing three-year contract with PHI from one-hundred and sixty-three thousand three hundred and six dollars ($163,306) to four-hundred and forty-three thousand three-hundred and six dollars ($443,306) to: (1) to provide subject matter expertise, research, evaluation, and program management skills for t he public awareness campaigns and curriculum development and implementation in conjunction with Oakland Unified School District’s Castlemont Health Equity Academy; and (2) provide services to youth 12 to 21 years of age with intensive case management, preventative and intervention activities, to meet the education campaign for youth purpose of the City of Oakland’s grant proposal; and be it
FURTHER RESOLVED: That City Administrator is authorized to use Proposition 64 grant funds to increase the existing th ree-year agreement with LMB Creative Group, LLC from fifty thousand dollars ($50,000) to eighty thousand dollars ($80,000) to carry out Local Evaluation Plans and Reports as required by the BSCC; and be it
FURTHER RESOLVED: That City Administrator is auth orized to use Proposition 64 grant funds to increase the existing three -year agreement with Make Green Go from seventy thousand dollars ($70,000) to seventy-five thousand dollars ($75,000) to design and implement a comprehensive marketing strategy to promo te adults’ responsible use of cannabis and support of Oakland equity-owned cannabis businesses; and be it
FURTHER RESOLVED: That pursuant to OMC 2.04.051(B), for the reasons provided above and in the City Administrator’s report accompanying this resolution, that the City Council 5 finds it is the best interest of the City to waive the Request for Proposals/Qualifications Process for the proposed increased fundin g for the existing agreements with Make Green Go, LMB Creative Group, LLC and PHI, and so waives those requirements; and be it
FURTHER RESOLVED: That the City Administrator is authorized to take a ny other action necessary consistent with this Resolution and its basic purposes.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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