APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION:
1) RATIFYING THE MEMORANDUM OF UNDERSTANDING (MOU)
SIGNED BY FORMER OAKLAND POLICE CHIEF FLOYD MITCHELL
WITH THE ALAMEDA COUNTY SUPERIOR COURT OF CALIFORNIA,
EFFECTIVE DECEMBER 1, 2024 (ATTACHMENT A), TO FUND
EQUIPMENT AND STAFFING TO SUPPORT A FIREARM
RELINQUISHMENT PROGRAM ADDRESSING GUN VIOLENCE
THROUGH THE REMOVAL OF ILLEGALLY POSSESSED FIREARMS,
FIREARMS POSSESSED BY PROHIBITED PERSONS, OR SUBJECT TO GUN VIOLENCE RESTRAINING ORDERS (GVROS); AND
2) ACCEPTING AND APPROPRIATING UP TO ONE MILLION FIVE
HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED SEVENTYONE DOLLARS ($1,563,571) IN REIMBURSEMENT FUNDING
PURSUANT TO THE MOU FOR EQUIPMENT AND STAFFING IN
SUPPORT OF THE FIREARM RELINQUISHMENT PROGRAM
WHEREAS, Assembly Bill 178 (Stats. 2022, Ch. 45, § 1) amending the Budget Act of 2022, provided funding “to support court and law enforcement costs to ensure that firearms and ammunition have actually been removed [from individuals] pursuant to court order” (AB 178); and
WHEREAS, pursuant to AB 178, the Alameda County Superior Court of California (“ACSC”) is eligible to receive funding from the Judicial Council of California (“Judicial Council”) through the Firearm Relinquishment Grant Program (“Program”), pursuant to Agreement No. 113343 between the Court and the Judicial Council (“Grant Agreement”), to create or expand a firearm relinquishment project (the “Project”); and WHEREAS, ACSC desires to enter into an agreement with the City of Oakland, through Oakland Police Department (“OPD”) as a contractor to perform certain Project activities necessary to accomplish the objectives of the Program, as set forth in the Memorandum of Understanding (the “MOU”) (Attachment A) effective December 1, 2024 through April 30, 2028; and WHEREAS, Charter section 504(l) authorizes the City Administrator, "[w]hen directed by the Council, to represent the City in its intergovernmental relations and to negotiate contracts for joint governmental actions, subject to Council approval”; and WHEREAS, former Police Chief Floyd Mitchell signed the MOU (Attachment A) with ACSC, on or about February 13, 2025, and Chad Finke, Court Executive Officer signed the MOU on or about February 25, 2025, on behalf of ACSC, and OPD now seeks Council approval of the MOU; and
WHEREAS, through this MOU, OPD would be eligible to receive reimbursement funding of up to One Million Five Hundred Sixty-Three Thousand Five Hundred Seventy-One Dollars ($1,563,571) to support staffing, field operations, and technology integration related to firearm relinquishment efforts and the recovery of illicitly or unlawfully possessed firearms within the City of Oakland; and
WHEREAS, OPD will submit invoices to ACSC and reimbursement will be made by the Judicial Council pursuant to the MOU and Grant Agreement; and WHEREAS, in Oakland, gun violence has been a significant public safety challenge for many years, and firearms are used in the majority of homicides within our community; and WHEREAS, this project is consistent with OPD’s overall violence reduction strategy, which includes addressing gun violence within our communities and the City Administrator and OPD recommend approval of this MOU; and
WHEREAS, grant funds will be allocated to State of California Other Fund (2159), Organization Ceasefire (108630), Project TBD, and Program TBD; now, therefore be it RESOLVED: That City Council hereby ratifies the Memorandum of Understanding with the Alameda County Superior Court of California, attached hereto as Attachment A, signed by former Police Chief Floyd Mitchell to fund equipment and staffing to support a firearm relinquishment program addressing gun violence through the removal of illegally possessed firearms, firearms possessed by prohibited persons, or subject to gun violence restraining orders (GVROs) effective December 1, 2024 through April 30, 2028; and be it RESOLVED: That City Council hereby accepts and appropriates up to One Million Five Hundred Sixty-Three Thousand Five Hundred Seventy-One Dollars ($1,563,571) in reimbursement funding to be paid by the Judicial Council pursuant to the ACSC-Judicial Council Grant Agreement and ACSC-OPD MOU (Attachment A) for equipment and staffing in support of the firearm relinquishment program; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator to enter into or further amend any additional agreements or other documents necessary to facilitate the receipt and use of the grant funds and to amend or extend the term of the MOU except that City Administrator will return to Council to accept and appropriate any additional funds above what is set forth in this Resolution.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
3486329v1/ JLB
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
2 ATTACHMENT A
(ALAMEDA COUNTY SUPERIOR COURT/OAKLAND POLICE DEPARTMENT
MEMORANDUM OF UNDERSTANDING)