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HomeMy WebLinkAbout2026-3 - Approving the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for the Fiscal Year 2024 Urban Areas Security Initiative (UASI) Between the City of Newport Beach and the City of AnaheimRESOLUTION NO. 2026-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING THE AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR THE FISCAL YEAR 2024 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF ANAHEIM WHEREAS, the Federal Urban Areas Security Initiative ("UASI") grant program dedicates funding to support high threat, high density urban areas to address their unique multi —discipline planning, organization, equipment, training, and exercise needs to prevent, protect against, respond to, and recover from threats or acts of terrorism; WHEREAS, the City of Anaheim, acting through the Anaheim Police Department, in its capacity as a "Core City" for the Anaheim/Santa Ana Urban Area under the Fiscal Year ("FY") 2024 UASI grant program, has applied for, received and accepted a $4,731,981 grant ("Grant Funds") entitled "FY2024 Urban Areas Security Initiative" from the Federal Department of Homeland Security ("DHS") Federal Emergency Management Agency ("FEMA"), through the State of California Governor's Office of Emergency Services ("Cal-OES"), for use in the County of Orange to provide for terrorism prevention and enhancement of countywide emergency preparedness; WHEREAS, the City of Anaheim is the administrator of the FY2024 UASI grant program and distributor of the Grant Funds, and desires to distribute a portion of the Grant Funds to the City of Newport Beach ("City") in accordance with the terms and provisions of that certain "Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for FY2024 Urban Areas Security Initiative (UASI)" in the form attached hereto as Exhibit 1 ("Agreement"); WHEREAS, the City desires to enter into the Agreement and to use the Grant Funds in accordance with the terms and provisions of the Agreement for the purpose of, among other things, providing its first responders with equipment and training to better prepare for a terrorist threat or attack and/or natural disaster; and WHEREAS, the terms of the UASI grant program and the Agreement require written authority from the City Council which provides certain grant assurances. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Resolution No. 2026-3 Page 2 of 3 Section 1: The City Council does hereby approve the Agreement between the City of Anaheim and the City, in the form attached hereto as Exhibit 1. Section 2: The City Manager is authorized and directed to execute the Agreement on behalf of the City and to take such other action as are consistent with and deemed necessary by the City Manager, in consultation with the Police Chief (or the Police Chief's duly authorized designee), to implement the Agreement, including the execution of all certifications, disclosures, grant assurances, documents, agreements, reports and instrument required under the Agreement and to administer the City's obligations, responsibilities and duties to be performed hereunder and under the Agreement. Section 3: The City Manager, in consultation with the Police Chief (or the Police Chief's duly authorized designee), is further authorized and directed to use the Grant Funds for eligible activities as approved by the City of Anaheim, DHS, FEMA and/or Cal- OES and in accordance with terms and provisions of the Agreement. Section 4: The City agrees (a) to provide all matching funds required for the grant project, if any, and that any cash match will be appropriated as required, (b) any liability arising out of the performance of the Agreement shall be the responsibility of the City, (c) grant funds shall not be used to supplant expenditures controlled by the City, (d) the City is authorized to apply for federal assistance, and has the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application, and (e) this resolution authorizes the City Manager and Police Chief or their respective designees to execute the Agreement and program documents. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of the resolution. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2026-3 Page 3 of 3 Section 7: The City Council finds the adoption of this resolution is not subject to the California Environment quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) ( the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and, is not a "project" as defined in Section 15378 of the CEQA Guidelines. Section 8: This resolution shall take effect immediately upon its adoption by the city Council, and the City Clerk shall certify the vote adopting resolution ADOPTED this 27th day of January, 2026. Lauren Kleiman Mayor ATTE T: z Lena Shumway City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4 Gam_ ,--- Aaron C. Harp Attachment: Exhibit 1 —Agreement STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Lena Shumway, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing Resolution No. 2026-3 was duly adopted by the City Council of said City at a regular meeting held on the 27t" day of January, 2026, by the following vote, to wit: AYES: Mayor Lauren Kleiman, Mayor Pro Tern Noah Blom, Councilmember Michelle Barto, Councilmember Robyn Grant, Councilmember Joe Stapleton, Councilmember Sara J. Weber, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of January, 2026. Lena Shumway City Clerk City of Newport Beach, California