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Rules & Legislation Committee
May 19, 2022

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May 19, 2022
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Rules & Legislation Committee
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APPROVED AS TO FORM AND LEGALITY

________________________
CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL

RESOLUTION NO. _______________ C.M.S.

RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO

ENTER INTO A GOVERNANCE M EMORANDUM OF

UNDERSTANDING WITH THE BAY AREA URBAN AREAS SECURITY

INITIATIVE (UASI) APPROVAL AUTHORITY WHICH WILL PROVIDE

OVERALL GOVERNANCE OF THE UASI GRANT PROGRAM, AS WELL

AS OTHER GRANT PROGRAMS UNDER THE JUR ISDICTION OF THE

APPROVAL AUTHORITY ACROSS THE BAY AREA REGION
EFFECTIVE DECEMBER 1, 2021 THROUGH NOVEMBER 30, 2025

WHEREAS, the United States Department of Homeland Security (DHS) consolidated the separate San Jose, Oakland, and San Francisco Urban Areas into a combined Bay Area Urban Area ("UASI Region") for the purposes of application for and allocation and distribution of federal Urban Areas Security Initiative (UASI) program grant funds; and

WHEREAS, the Bay Area Urban Area Approval Authority (" Approval Authority") was established as the Urban Area Working Group (UAWG) for the UASI Region, to provide overall governance of the homeland security grant program across the UASI Region, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and

WHEREAS, the City and County of San Francisco is the Fiscal Agent for UASI federal grant awards and an agreement with the City and County of San Francisco is required for the distribution, administration, and reimbursement of grant funds to the City of Oakland; and

WHEREAS, the proposed MOU clarifies that these MOUs were created pursuant to the Joint Exercise of Powers Act , provides updates to the organizational structure, updates contact information, and clarifies the rights of applicable parties; and

WHEREAS, the proposed MOU also clarifies the annual budget is subject to the budget ordinance process for the City and County of San Francisco, the number of representatives per member that can participate in and vote at meetings, that the Approval Authority and Fiscal Agent must adhere to federal laws when state or local laws are preempted, that the general manager is subject to local civil service rules, and the Parties retain rights and powers to accept or adopt regional plans; and

2 WHEREAS, the City of Oakland has participated as an Approval Authority member since 2006 and has successfully secured substantial grant funding ranging from $1.1 million to over $7.6 million dollars in a federal fiscal year; and

WHEREAS, the current Approval Authority Board members established under the 2006 and 2007 Memorandums of Understanding seek to update the agreement and clarify the current governance structure, responsibilities, reporting structure and financial arrangements used by the Bay Area UASI in applying for, allocating and distributing UASI Program grant funding, and other regional activities; and

WHEREAS, the proposed MOU covers the time period December 1, 2021, to November 30, 2025; and now, therefore be it

RESOLVED: that the City Council authorizes the City Administrator to Enter Into a Memorandum of Understanding with the Bay Area Urban Areas Security Initiative (UASI) Approval Authority which will provide overall governance of the UASI Grant Program, as well as other grant programs under the jurisdiction of the approval authority across the Bay Area region effective December 1, 2021, through November 30, 2025.; and be it

FURTHER RESOLVED: that all agreements authorized hereunder shall be approved for form and legality by the Office of the City Attorney and placed on file in the Office of the City Clerk.

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
Acting City Clerk and Clerk of the Council of
the City of Oakland, California

3176708v1

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