Approved as to Form and Legality
___________________________
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO:
(1) ACCEPT AND APPROPRIATE UP TO $4.4 MILLION IN GRANT
FUNDS FROM THE FEDERAL LEAD HAZARD REDUCTION
GRANT PROGRAM;
(2) ENTER INTO A PROFESSIONAL SERVICES AGREEMENT
WITH HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY,
INC. IN AN AMOUNT NOT TO EXCEED $4,021,094.30, TO
PROVIDE GRANT ADMINIS TRATION AND MANAGEMENT
CONSTRUCTION SERVICES FOR THE LEAD-BASED PAINT
MITIGATION AND HEALTHY HOMES PROGRAMS, AND TO
WAIVE THE CITY OF OAKLAND’S LOCAL AND SMALL LOCAL
BUSINESS ENTERPRISE PROG RAM REQUIREMENTS, LOCAL
EMPLOYMENT AND OAKLAND APPRENTICESHIP
REQUIREMENTS, AND REQUEST FOR PROPOSAL/
QUALIFICATIONS COMPETITIVE PROCESS REQUIREMENTS;
(3) UPON COMPLETION OF A COMPETITIVE PROCUREMENT
PROCESS, ENTER INTO ONE OR MORE AGREEMENTS IN A
TOTAL AMOUNT NOT TO EXCEED $321,397 WITH ONE OR
MORE WORKFORCE DEVELOPM ENT SERVICES PROVIDERS
TO EXPAND THE SUPPLY OF WORKERS AND FIRMS
AVAILABLE TO CONDUCT LEAD- BASED PAINT MITIGATION
AND HEALTHY HOMES WORK; AND
(4) MAKE GRANTS TO ELIGIBLE PROPERTY OWNERS FOR THE
REMEDIATION OF LEAD-BASED PAINT HAZARDS AND
HEALTHY HOME IMPROVEMENTS
WHEREAS, the United States Department of Housing and Urban Development ("HUD"), issued a Notice of Funding Opportunity (“NOFO”) for the Lead Hazard Reduction Grant Program (“LHR Grant”) dated June 30, 2025, per the au thority granted by under Section 1011 of the Residential Lead-Based Hazard Reduction Act of 1992 (42 U.S.C. 4852); and
WHEREAS, the NOFO sought proposals to mitigate lead-based paint hazards and make other home improvements to promote healthy homes; and
2 WHEREAS, the City of Oakland (City) is hom e to approximately 144,402 housing units built before 1978 and are at risk of lead exposure, including 31,645 rental units that were built before 1940 and are at greatest risk of lead exposure; and
WHEREAS, lead-based paint exposure is a majo r cause of childhood lead poisoning in Oakland, which can cause developmental problems, anemia, hearing problems, and other negative health consequences, and is therefore a serious public health threat; and
WHEREAS, the City has operated a Lead-Safe Homes Program for many years to mitigate lead-based paint hazards, funded largely by Community Development Block Grant funding; and
WHEREAS, the availability of Community De velopment Block Grant funding is insufficient to adequately mitigate lead-based paint hazards facing Oakland residents; and
WHEREAS, the City applied for and was awarded $4.4 million in LHR Grant funds from the 2025 NOFO; and
WHEREAS, Habitat for Humanity East Bay/Silicon Valley (“Habitat for Humanity”) is a highly experienced administrator of federal and lo cal-funded home rehabilitation programs, including Alameda County’s home rehabilitation program and the federal Older Adults Home Modification Grant Program; and
WHEREAS, on July 20, 2025, the Council approved Resolution No. 90728 C.M.S., which ratified the competitive selection of Habitat for Humanity to provide home rehabilitation services as part of the City’s home rehabilitation program; and
WHEREAS, administration of the lead-based pa int mitigation and health homes work described in the LHR NOFO is s ubstantially similar to the work Habitat for Humanity was previously procured to conduct on behalf of the City; and
WHEREAS, staff therefore included Habitat for Humanity as a subrecipient vendor in the LHR Program grant application for the NOFO; and
WHEREAS, pursuant to Part I of Oakland's L/SLBE Program guidelines (Ordinance No. 13647 C.M.S.), the City Council may waive the City's Local and Small Local Business Enterprise (L/SLBE) Program requirements before authorizing execution of a professional services agreement; and
WHEREAS, staff recommends that the City Council make a finding that it is in the best interest of the City to waive the L/SLBE requi rements and Request for Proposals/Qualifications process and authorize execution of the proposed professional services agreement because the highly specialized experience and certifications provided by Habitat for Humanity and their pool of contractors provide capabiliti es not easily replicated by other vendors and are not able to be provided by City staff; and
WHEREAS, experts in lead-based pa int mitigation have advised the City that there is a shortage of qualified personnel and businesses licensed and available locally to conduct lead-based paint mitigation work; and
3 WHEREAS, a portion of the LHR Grant, the amount of which is subject to change based on program needs, will be used to expand the supply of Oakland workers and businesses with the necessary training to work on lead-based paint mitigation and healthy home improvements; and
WHEREAS, a portion of the LHR Grant, the amount of which is subject to change based on program needs, will be used to make “healthy home” improvements that reduce the risk of other in-home health hazards like mold exposure; and
WHEREAS, the LHR Program funds will be prio ritized to benefi t households with children under six or where a child under six spends a large portion of their time, and in a service area with the highest rates of El evated Blood Lead Levels and highe st risk of lead-based paint exposure; and
WHEREAS, the funding from this LHR Grant will be distributed in the form of a grant to property owners for the benefit of households mo st impacted by residential lead-based paint exposure to ensure that the cost of lead-based paint mitigation is not a barrier to services for low- income tenants and homeowners; now, therefore, be it
RESOLVED: That the City Administrator is hereby authorized to accept and appropriate up to $4.4 million in LHR Grant funds for lead-based paint mitigation, healthy home improvements, and workforce development to a grant fund to be determined (TBD), project to be determined (TBD); and be it
FURTHER RESOLVED: That the City Council here by allocates $400,000 in the HUD Community Development Block Grant Fund (2108) , Habitat for Humanity – CDBG Project (1004145), as a local match for the LHR Grant, which was previously identified for this purpose upon adoption of the Consolidated Plan in Resolution No. 90785 C.M.S. on July 1, 2025 and later updated in Resolution No. 90737 C.M.S. on May 20, 2025; and be it
FURTHER RESOLVED: That the City Administrator is authorized to enter into an agreement with Habitat for Hu manity East Bay/Silicon Valle y in an amount not to exceed $4,021,094.30 for lead-based paint mitigation and healthy homes programs; and be it
FURTHER RESOLVED: That the City Council finds and determines that pursuant to OMC Section 2.04.051(B) and based upon the reasons stated above and in the City Administrator’s Agenda Report accompanying this resolution, it is in the best interest of the City to waive the RFP/Q process for the proposed agreement with Habitat for Humanity, and hereby waives the RFP/Q requirements; and
FURTHER RESOLVED: That the City Council finds it is in the best interest of the City to waive the L/SLBE requirement s, local hire, and a pprenticeship requirements for the proposed agreement with Habitat for Humanity and the c ontractors providing lead-b ased paint mitigation and healthy homes work, and hereby waives these requirements; and
FURTHER RESOLVED: That the City Administrator is authorized to complete a competitive procurement process, and upon completi on of that process, en ter into one or more agreements with one or more workforce development services providers, for a total amount not to
4 exceed $321,397, to expand the supply of workers and firms available to conduct lead-based paint mitigation and healthy homes work; and
FURTHER RESOLVED: That the City Administrator is authorized to make grants to property owners for the purpose of mitigating lead-based paint h azards and healthy home risks, and that the City Administrator is authorized to set and amend the maximum grant amounts and terms for these grants, provided that the current terms and limits be displayed publicly on the City’s website; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to negotiate, enter into, execute and deliver any and all agr eements, contracts, cert ifications, and other documentation required to accept the LHR Grant, and be it
FURTHER RESOLVED: That the City Council- finds and determines that this action is not subject to CEQA since it is not funding any sp ecific projects, but that the City Administrator will make the environmental determinations under CEQA for each project that is selected prior to making a grant; and be it
FURTHER RESOLVED: That the City Administrator shall cause to be filed with the County of Alameda a Notice of Exemption or Notice of Determ ination for each project as appropriate; and be it
FURTHER RESOLVED: That execution of grant documents or other documents legally committing the City to fund a project with federal funds will be expressly conditioned on compliance with the requirements of NEPA, as certified by the City Administrator; and be it
FURTHER RESOLVED: That the City Administrator is authorized to take any other action with respect to the LHR Grant consistent with this Resolution and its basic purpose; and be it
5 FURTHER RESOLVED: That prior to execution, all agreements shall be reviewed and approved as to form and legality by the City Attorney’s Office and executed copies of each agreement shall be filed with the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California