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Friday, July 14, 2017

EBC AGENDA | JULY 14-20 | Up in smoke: OAKLAND, SAN LEANDRO, HAYWARD discuss cannabis; Oakland may ban flavored tobacco sales; Drones in the 'Dro?

THE WEEK OF JULY 14-20
It may be a mellow week in the East Bay. Not only is this the last council meeting in some cities before the annual August recess, but Oakland, San Leandro and Hayward will all be discussing various issues associated with the cannabis industry. Oakland is keeping tabs on its recently approved Equity Permit Program, San Leandro is re-thinking one of its conditional-use permit holders and Hayward is showing signs of re-joining the cannabis permitting game (although Mayor Barbara Halliday may still be spooked after that time a dispensary once located in Hayward was robbed while she was touring it). As a side note, the San Francisco Planning Commission voted last Thursday to approve a dispensary to be run by former Oakland Mayor Jean Quan and her husband Dr. Floyd Yuen. In addition, Oakland is again working on smoking cessation with a proposed ban on flavored cigarillos and fruity liquids used in vaping. Alas, a menthol cigarette ban on the wishlist in both Oakland and San Leandro is not yet there.

Here's your highlights for a busy week in the East Bay:
➤As mentioned, lots of smoke in Oakland, San Leandro and Hayward

➤Oakland "Loves Life."

➤Hayward eyes Dark Fiber.

➤San Leandro wants to use a drone for public works

➤Plastic straw ban in Alameda.

OAKLAND -- Regular council meeting, Tuesday, July 18, 5:30 p.m. [ENTIRE AGENDA HERE]
--FLAVORED TOBACCO/VAPING ORDINANCE-- Oakland, San Francisco and San Leandro have been attempting in recent months to pass ordinances that ban the sale of flavored tobacco products and liquids used for vaping. The tobacco and convenient store lobby has been working overtime in each city. San Leandro, which is following a similar legislative path as Oakland, had their ordinance delayed by uncertainty on that council. The same occurred in Oakland, but it's finally receiving a discussion at the full council.

--Oakland's ban focuses on children and prohibits the "sale of all flavored tobacco products. Tobacco products include but are not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and any electronic smoking device. Second, this ordinance prohibits the redemption of tobacco discounts and coupons."

--CANNABIS EQUITY PERMIT PROGRAM-- Last March, Oakland approved a equity permit program to even the playing field for local disenfranchised groups seeking medical cannabis permits. City staff returns Tuesday to update the council about early trends in the application process.

--A staff reports reveals: "1. Numerous cannabis operators have submitted live scans but many have not yet applied for a permit. 2. Applications are evenly split between general and equity applicants. 3. Most equity applicants have not identified a property to operate their business, while most general applicants have identified such a property. 4. Most-applicants have not yet partnered with a general or equity applicant. 5. Most applicants are cultivators and few applicants are testing laboratories, transporters or delivery only dispensaries.:

--"These early trends suggest there is strong potential for incubator partnerships if qualifying general applicants with property connect with qualifying equity applicants in need of a property to operate. Additionally, these trends raise questions regarding the absence of numerous cannabis operators operating throughout the City, including whole categories such as delivery-only dispensaries."

--LOVE LIFE-- "...The phrase "Love Life", in various design formats, has been trademarked by a number of entities throughout the Country. The City will proceed with use of the motto in a manner that is unique from federally trademarked uses. The proposed resolution amends Resolution No. 86088 to clarify that the City uses the "Love Life" motto for its literal meaning as a message to Oakland residents, businesses, visitors, and other constituents to encourage them to love life. The proposed resolution also clarifies that the City uses the "Love Life" motto as a way of demonstrating that the City of Oakland loves life."

--PUBLIC BANK-- Supporters of a public bank in Oakland and the East Bay will have to wait another two months. During Thursday's Oakland City Council Rules Committee, Council President Larry Reid asked to move the agenda item from next Tuesday to the next regular meeting. However, because of the August recess, the council is not meeting until Sept. 19.

Special council meeting, Tuesday, July 18, 5 p.m. [ENTIRE AGENDA HERE]
--DEPT. OF VIOLENCE PREVENTION-- The item receives its second and final reading before passage preceding Tuesday's night's full council meeting.


*****
SAN LEANDRO -- Regular council meeting, Monday, July 17, 7 p.m. [ENTIRE AGENDA HERE]
--DISPENSARY PERMIT EXPIRATION- San Leandro has three outstanding conditional-use permits for medical cannabis dispensaries, but none have yet to open its doors for business. The second, perhaps most controversial permit belonging to the local Davis Street Wellness Center, has faced significant push back from the city for among other reasons, a preference for opening the dispensary adjacent to the Davis Street Family Resource Center on Teagarden Avenue. But the Davis Street Wellness Center's one-year conditional permit expires on July 19. The group is asking the city council to postpone the date to September.

--DRONES IN SAN LEANDRO?-- The city's public works department purchased a drone in January and now wants to deploy it in the field. "Public Works intends to utilize the drone for several applications including: roof inspections; before/after views of CIP projects, including road reconstruction projects; and specific situations, such as along Lake Chabot Road, where the steep slope precludes staff from safely viewing potential geotechnical concerns."

*****
HAYWARD -- Regular council meeting, Tuesday, July 18, 7 p.m. [ENTIRE AGENDA HERE]
--COMMERCIAL CANNABIS-- Hayward may be moving toward a framework for allowing cannabis businesses in the city. It currently has a moratorium on dispensaries, but last November voters approved a measure that allows the city to tax such businesses up to 15 percent. The title of the proposed resolution asks the council authoritize the city manager to begin accepting permit applications. However, the staff report will not be available until Monday, according to the agenda.

--COMMUNITY FACILITIES DISTRICT REFORM-- Such districts are formed to help new developments pay for some public services and infrastructure. The costs are growing and the Hayward City Council is looking at two new strategies--placing a two-year moratorium on new CFDs or limiting their formation to projects with a minimum of 100 units. The council could also retain the status quo. Hayward has three such CFDs--Eden Shores, Cannery Place and the South Hayward BART Transit-Oriented Development.

--FIBER-OPTICS PLAN--  "The most significant recommendation of the Fiber Master Plan is the adoption of a business model to deploy a fiber optic network that meets the community’s goals and reduces risk to the City... The Dark Fiber business model is essentially a public works model, in which fiber is considered a type of infrastructure that the City manages and maintains.

--"This approach involves the City installing the conduit and fiber required to deploy a network and providing one or more private partners with a license or lease to use the City-owned fiber. This partner then “lights” the fiber and offers services to end users. In the Dark Fiber business model, the City would be responsible for all construction and maintenance of the conduit and fiber, but would not incur costs of managing network electronics, customer premise equipment, marketing or customer contracts."


*****
ALAMEDA -- Regular council meeting, Tuesday, July 18, 7 p.m. [ENTIRE AGENDA HERE]
--ALAMEDA LANDING WATERFRONT-- "The 39-acre site [that] is the last piece of the 215 acres of former federal land comprising Naval Air Station Alameda East Housing and the Fleet Industrial Supply Center (FISC). The waterfront property is located on the former FISC, which was conveyed to the City via special federal legislation in 1999... Because Catellus [the project's developer] is proposing to sell 17 acres to FISC Properties, LLC to adaptively reuse 364,000 square feet of warehouses for maritime commercial uses, the DDA must be partially assigned to the purchaser."

--PLASTIC STRAW BAN-- Instead of creating an entirely new ordinance that would prohibits bars, restaurants, food trucks with providing plastic straws, unless the patron requests one, the City Council may amend its existing Styrofoam container ban.

*****
FREMONT -- Regular council , Tuesday, July 18, 7 p.m. [ENTIRE AGENDA HERE]
--MEASURE R TAX-- In 2002, Fremont voters approved up to $51 million in general-obligation bonds to build fire stations. Two series of bonds have actually yielded savings for Fremonters. "The Series A Bonds were subsequently refunded on May 10, 2012, resulting in a net present value savings of $923,368. The Series B Bonds were refunded on August 9, 2013, resulting in a net present value savings of $1,694,239."

--The saving have lowered the tax rate for residents to 0.0066 per $100 of assessed property valuation. That means, "for a single-family home with a net assessed value of $500,000 the tax levy for the Fire Safety Project General Obligation Bonds will be $33 for Fiscal Year 2017/18."

--MUSLIM AMERICAN MONTH-- The council will proclaim August to be "Muslim American Appreciation and Awareness Month" in Fremont.


*****
EDEN HEALTH DISTRICT-- Regular board meeting, Wednesday, July 19, 5 p.m. [ENTIRE AGENDA HERE]
--LAFCO/ST. ROSE HOSPITAL-- The embattled health district has a few irons on the burner. Notably, outside, but increasingly slim chance they could dissolved. The board will discuss the Alameda County Local Agency Formation Commission (LAFCo) review on Wednesday. There is also the matter of the district possibly helping the struggling St. Rose Hospital in Hayward. Supervisor Richard Valle raised the possibility of the district using its tax-raising ability to help the hospital. A district ad hoc committee on the subject will report to the full board.

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