JUSTIFICATIONS
(IF REVISED)
Community & Recreation Services Department
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
ADOPTED FEE PROPOSED FEE
TYPE OF FEE FY 2021-22 FY 2022-23
Auditorium
Resident $65 $125 $65 $125 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Non-resident $75 $140 $75 $140 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Commercial $95 $240 2 x resident rate 2x resident rate Cost recovery Auditorium & Kitchen
Resident $80 $135 $80 $135 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Non-resident $90 $150 $90 $150 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Commercial $180 $260 2 x resident rate 2x resident rate Cost recovery Senior Room
Resident $35 $70 $35 $70 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Non-resident $45 $80 $45 $80 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Commercial $90 $100 2 x resident rate 2x resident rate Cost recovery Senior Room & Kitchenette
Resident $60 $80 $60 $80 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Non-resident $75 $90 $75 $90 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Commercial $100 $135 2 x resident rate 2x resident rate Cost recovery Meeting Room
Resident $20 $35 $20 $35 No Change
Non-resident $25 $40 $25 $40 No Change
Commercial $35 $70 2 x resident rate 2x resident rate Cost recovery Holly Community Center Facility Use Fees
CRS Page 38 of 44
City Council/RSA Agenda 267 Tuesday, May 24, 2022
JUSTIFICATIONS
(IF REVISED)
Community & Recreation Services Department
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
ADOPTED FEE PROPOSED FEE
TYPE OF FEE FY 2021-22 FY 2022-23
Classroom, Patio, Lounge & Kitchen
Resident $50 $100 + Janitorial Surcharges
New: cost recovery +
supplemental janitorial
fee added to the rate
as service fees
increase.
Non-resident $60 $115 + Janitorial Surcharges
New: cost recovery +
supplemental janitorial
fee added to the rate
as service fees
increase.
Commercial 2 x resident rate 2x resident rate New: cost recovery Classroom or Lounge
Resident $35 $80 + Janitorial Surcharges
New: cost recovery +
supplemental janitorial
fee added to the rate
as service fees
increase.
Non-resident $40 $90 + Janitorial Surcharges
New: cost recovery +
supplemental janitorial
fee added to the rate
as service fees
increase.
Commercial 2 x resident rate 2x resident rate New: cost recovery Game Room (with Classroom or Lounge Rental Only)
Resident
$300 first 2 hours + $50 each
additional hour
New: cost recovery
Non-resident
$300 first 2 hours + $50 each
additional hour
New: cost recovery
Commercial 2x resident rate New: cost recovery
Atrium (with Classroom or Lounge Rental Only)
Resident $25 $25 New: cost recovery
Non-resident $30 $30 New: cost recovery
Commercial 2 x resident rate 2x resident rate New: cost recovery Kennedy Youth Center Facility Use Fees
CRS Page 39 of 44
City Council/RSA Agenda 268 Tuesday, May 24, 2022
JUSTIFICATIONS
(IF REVISED)
Community & Recreation Services Department
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
ADOPTED FEE PROPOSED FEE
TYPE OF FEE FY 2021-22 FY 2022-23
Studio (meeting, no food/alcohol)
Resident $55 $55 + Janitorial Surcharges
New: cost recovery +
supplemental janitorial
fee added to the rate
as service fees
increase.
Non-resident $65 $65 + Janitorial Surcharges
New: cost recovery +
supplemental janitorial
fee added to the rate
as service fees
increase.
Studio with Kitchen
Resident $100 $100 + Janitorial Surcharges
New: cost recovery +
supplemental janitorial
fee added to the rate
as service fees
increase.
Non-resident $115 $115 + Janitorial Surcharges
New: cost recovery +
supplemental janitorial
fee added to the rate
as service fees
increase.
Studio 11 Facility Use Fees
CRS Page 40 of 44
City Council/RSA Agenda 269 Tuesday, May 24, 2022
JUSTIFICATIONS
(IF REVISED)
Community & Recreation Services Department
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
ADOPTED FEE PROPOSED FEE
TYPE OF FEE FY 2021-22 FY 2022-23
Social Rental - Saturday Only
600-Theater or 500 Banquet
Resident $210 $210 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Non-resident $235 $235 + Janitorial Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase.
Commercial $400 2x resident rate Cost recovery
$25/$30 per hour (minimum 4
hours)
$25/$30 per hour (minimum 4
hours)
No Change
$100 Cleaning Fee $100 Cleaning Fee + Janitorial
Surcharges
Supplemental
janitorial fee added to
the rate as service
fees increase
Classroom - hourly rate (no food or alcohol)
Resident $40 $80 $40 $80 No Change
Non-resident $50 $100 $50 $100 No Change
Commercial $100 $200 2 x resident rate 2x resident rate Cost recovery Parking Transportation Service
$75/ hour, per shuttle vehicle
with driver
$75/ hour, per shuttle vehicle
with driver
$75/ hour, per shuttle vehicle
with driver
$75/ hour, per shuttle vehicle
with driver
No Change
Gym Rental for Leagues
Union City Youth Groups per Hour $50 $50 No Change
Non-resident Youth Groups per Hour $60 $60 No Change
Union City Adult Leagues per Hour $75 $75 No Change
Non-resident Adult Leagues per Hour $85 $85 No Change
Scoreboard Fee per Hour $25 $25 No Change
Tournament Fee per Resident $150 $185 $150 $185 No Change Non-profit organizations- fee per week per site $25 $25 No Change Business- fee per week per site $50 $50 No Change
Memorial Bench Purchase $2,000 Cost recovery
1 Maintenance fees included in hourly rate
2 Private Facility Rentals require special event liability insurance 3 Private Facility Rentals require a deposit
Banners Display
Union City Sports Center Facility Use Fees
Kitchen - hourly rate for resident/non-resident (only
applicable to standalone kitchen use or if patron adds
extra hours cooking before their facility rental time)
Kitchen - flat fee to clean and sanitize the kitchen (only applicable to standalone kitchen use or to patrons who
have received a discounted/free hourly kitchen rental)
$2,000 + any increase in material costs or manufacturer surcharges
CRS Page 41 of 44
City Council/RSA Agenda 270 Tuesday, May 24, 2022
JUSTIFICATIONS
(IF REVISED)
Community & Recreation Services Department
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
ADOPTED FEE PROPOSED FEE
TYPE OF FEE FY 2021-22 FY 2022-23
Sports Field Rental Fee
Adult UC Authorized Use $25/hour plus $32.50/hour for lighted fields $25/hour plus $32.50/hour for lighted fields No Change Adult UC Resident $28/hour plus $32.50/hour for lighted fields $28/hour plus $32.50/hour for lighted fields No Change Adult Non-Resident $33/hour plus $32.50/hour for lighted fields $33/hour plus $32.50/hour for lighted fields No Change Youth UC Special Use $16/hour plus $27.00/hour for lighted fields and adjusted $16/hour plus $27.00/hour for lighted fields and adjusted No Change for changing electrical rates and 15% administrative fees for changing electrical rates and 15% administrative fees Commercial Resident $40/hour plus $32.50/hour for lighted fields $40/hour plus $32.50/hour for lighted fields No Change Commercial Non-Resident $50/hour plus $32.50/hour for lighted fields $50/hour plus $32.50/hour for lighted fields No Change Adult UC Authorized Us $51/hour plus $32.50/hour for lighted fields $51/hour plus $32.50/hour for lighted fields No Change Adult UC Resident $64/hour plus $32.50/hour for lighted fields $64/hour plus $32.50/hour for lighted fields No Change Adult Non-Resident $95/hour plus $32.50/hour for lighted fields $95/hour plus $32.50/hour for lighted fields No Change Youth UC Resident $16/hour plus $27.00/hour for lighted fields and adjusted $16/hour plus $27.00/hour for lighted fields and adjusted No Change for changing electrical rates and 15% administrative fees for changing electrical rates and 15% administrative fees Commercial Resident $101/hour plus $32.50/hour for lighted fields $101/hour plus $32.50/hour for lighted fields No Change Commercial Non-Resident $111/hour plus $32.50/hour for lighted fields $111/hour plus $32.50/hour for lighted fields No Change Tennis Court Reservation Fees
Resident- fee per 1/2hr per court $10 $10 No Change
Non-Resident- fee per 1/2hr per court $15 $15 No Change Resident- fee per 1/2hr per court $10 $10 No Change
Non-Resident- fee per 1/2hr per court $15 $15 No Change Park Reservation Fees See Exhibit II
Community Gardens- Memberships
Seven Hills Community Gardens (17 plots)
Annual Membership Fee $100 $115 Cost recovery
One-Time Deposit $35 $35 No Change
Senior Center- Memberships
Annual Resident Membership Fee $35 $35 No Change
Annual Non-Resident Membership Fee $45 $45 No Change
Weekdays
Membership Fees
Weekends
Grass & Dirt Fields
Artificial Turf
CRS Page 42 of 44
City Council/RSA Agenda 271 Tuesday, May 24, 2022
JUSTIFICATIONS
(IF REVISED)
Community & Recreation Services Department
CITY OF UNION CITY
MASTER FEE SCHEDULE
FISCAL YEAR 2022-2023
ADOPTED FEE PROPOSED FEE
TYPE OF FEE FY 2021-22 FY 2022-23
Union City Sports Center-Memberships
Resident Fee Non-Resident Fee Resident Fee Non-Resident Fee $360 $420 $360 $420 No Change
Annual Dual Adult Pass $600 $720 $600 $720 No Change
Purchased in conjunction with an Annual Adult Pass
sharing the same address.
Annual Flex-Time Pass $240 $300 $240 $300 No Change
Adults 18 years or older. May only be used during nonprimetime hours, Monday-Friday, 9am-3pm, Saturday and Sunday after 10am.
Annual Family Pass $720 $840 $720 $840 No Change
Families living at the same address, up to 2 adults and unlimited number of children.
Annual Youth Pass 4
$120 $115 $120 $115 No Change
20 Visit Punch Card Pass for Adults 3
$99 $110 $118 $146 Fee restructure
Pass is valid for up to 6 months from issue and may
be used any time during regular operating hours.
Daily Drop In - Single Visit $7 $12 $10 $15 Fee restructure Includes use of fitness room, core exercise classes
and open gym.
City Employee Memberships / Commissioners / Elected Officials Annual Membership + Liberty Park HOA $163 $180 Fee restructure Annual Family Membership + Liberty Park HOA $313 $360 Fee restructure Fee Classes Cost recovery
3 Adult: 18 years or older
4 Youth: Ages 12-17. Ages 12-15 may participate in open gym or supervised youth activities only, but must be accompanied by an adult.
Ages 16-17 may have additional access to fitness room, equipment and classes with parental consent form.
Parent Project
Registration Fee No Change
Class Fee No Change
Counseling
No Change
No Change
Brickhouse Boxing
Youth Gym Per Month $5 N/A $5 N/A No Change
Youth Team Per Month $10 N/A $10 N/A No Change
Adult Gym Per Month $10 N/A $10 N/A No Change
Adult Team Per Month $15 N/A $15 N/A No Change
Notes
Cost Covering Programs
Additional Fees
$0 - $75
Free
Registration fees are published in the City's Recreation Guide. Fees are set to cover all direct costs such as instructors, materials and contracted services, plus overhead allocations. City costs include programming and the use of City facilities. When applicable, 10% is added to the rate when participants are non-residents. If an activity is canceled by the City prior to commencement, pre-paid registration fees shall be refunded. If a registrant withdraws before an activity commences, for circumstances beyond the registrant's reasonable control, pre-paid registration fees may be returned, less a $10 service charge which will be retained by the City.
All rentals and programs may require an additional fee, based on actual cost of service for additional personnel, maintenance, supplies, or damages incurred. City-sponsored or co-sponsored programs can be offered at no charge. Fee charges include scheduled costs of staff, supplies, maintenance, equipment replacement, janitorial services, and administrative overhead. Activity and user fees may be pro-rated. $0 - $100
Free
$0 - $100 After first 5 Appointment Sessions (Fees are charged on a sliding scale based on income/circumstances)
Annual Adult Pass
3 5 Appointment Sessions include. Assessment Appt.
Youth and Family Services
$5 to $1,200 per session
$0 - $75
$0 - $75
$5.25 to $420 per session
$0 - $75
CRS Page 43 of 44
City Council/RSA Agenda 272 Tuesday, May 24, 2022
Park Site
Resident
Non
Resident
Resident
Non
Resident
Resident
Non
Resident
Resident
Non
Resident
Resident
Non
Resident
Resident
Non
Resident
Accinelli Accinelli $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 Arroyo Perry $ 65 $ 130 $ 98 $ 195 $ 130 $ 260 $ 65 $ 130 $ 98 $ 195 $ 130 $ 260 Casa Verde San Carvante $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 Contempo Contempo $ 135 $ 270 $ 203 $ 405 $ 270 $ 540 $ 135 $ 270 $ 203 $ 405 $ 270 $ 540 Dry Creek Dry Creek $ 105 $ 210 $ 158 $ 315 $ 210 $ 420 $ 105 $ 210 $ 158 $ 315 $ 210 $ 420 Kennedy Camarillo $ 175 $ 350 $ 263 $ 525 $ 350 $ 700 $ 175 $ 350 $ 263 $ 525 $ 350 $ 700 Kennedy Camarillo (Red) $ 88 $ 175 $ 132 $ 263 $ 175 $ 350 $ 88 $ 175 $ 132 $ 263 $ 175 $ 350 Kennedy Camarillo (Brown) $ 88 $ 175 $ 132 $ 263 $ 175 $ 350 $ 88 $ 175 $ 132 $ 263 $ 175 $ 350 Kennedy Amphitheater $ 160 $ 320 $ 240 $ 465 $ 320 $ 620 $ 160 $ 320 $ 240 $ 465 $ 320 $ 620 Kennedy Sycamore $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 Kennedy Willow $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 Cesar Chavez Magnolia $ 115 $ 230 $ 173 $ 345 $ 230 $ 460 $ 115 $ 230 $ 173 $ 345 $ 230 $ 460 Cesar Chavez Wisteria $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 Old Alvarado Gazebo $ 125 $ 250 $ 188 $ 375 $ 250 $ 500 $ 125 $ 250 $ 188 $ 375 $ 250 $ 500 Old Alvarado Elm $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 Sea Breeze Sea $ 55 $ 110 $ 83 $ 165 $ 110 $ 220 $ 55 $ 110 $ 83 $ 165 $ 110 $ 220 Sea Breeze Breeze $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 Seven Hills Kitayama $ 90 $ 180 $ 135 $ 270 $ 180 $ 360 $ 90 $ 180 $ 135 $ 270 $ 180 $ 360 Shorty Garcia Shorty Garcia $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 Town Estates Cameron $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 Town Estates Winchester $ 80 $ 160 $ 120 $ 240 $ 160 $ 320 $ 80 $ 160 $ 120 $ 240 $ 160 $ 320 Veteran's Hall Ranch $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 $ 50 $ 100 $ 75 $ 150 $ 100 $ 200 Veteran's Veteran $ 105 $ 210 $ 158 $ 315 $ 210 $ 420 $ 105 $ 210 $ 158 $ 315 $ 210 $ 420 Civic Center Egret $ 45 $ 90 $ 68 $ 135 $ 90 $ 180 $ 45 $ 90 $ 68 $ 135 $ 90 $ 180 Civic Center Heron $ 45 $ 90 $ 68 $ 135 $ 90 $ 180 $ 45 $ 90 $ 68 $ 135 $ 90 $ 180 William Cann Cann $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 William Cann Brent $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 $ 70 $ 140 $ 105 $ 210 $ 140 $ 280 Premium Days: Easter Day, Mother's Day, Father's Day & Halloween Holidays: MLK Jr. Day, President's Day, Memorial Day, 4th of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day & New Year's Day More Info: 510.675.5329
https://www.unioncity.org/180/Park-Facility-Reservation FY 2022/23
Regular Days Premium Days Holidays
Exhibit II
City of Union City
Community & Recreation Services Department
FY 2021/22
Regular Days Premium Days Holidays
CRS- Exhibit II Page 44 of 44
City Council/RSA Agenda 273 Tuesday, May 24, 2022
Presentation of the Proposed FY 2022-2023
Master Fee Schedule
May 24, 2022
City Council/RSA Agenda 274 Tuesday, May 24, 2022
2 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Staff’s presentation on the Proposed Master Fee Schedule Holding the Public Hearing and Receiving Public Comment s
Adoption of the Resolution Updating the Master Fee Schedule Tonight’s proceedings will include:
City Council/RSA Agenda 275 Tuesday, May 24, 2022
3 Presentation of the Proposed FY 2022-2023 Master Fee Schedule • Annually, staff reviews the Master Fee Schedule (MFS)• Items are added/deleted/revised as needed• Fees are updated for the following reasons:
• To be in compliance with current City ordinances• To be in compliance with municipal or state codes• For CPI adjustments – the change in the February 2021 to February 2022 San Francisco Bay Area - All Urban Consumers Index was 5.2% • To ensure full cost recovery
Master Fee Schedule Update Process
City Council/RSA Agenda 276 Tuesday, May 24, 2022
4 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Economic and Community Development:
• $1,647 Residential Project Planning Commission Review Fee (in addition to Administrative Site Development (ASD) base fee for residential projects) • $2,296 Commercial/Industrial Project Planning
Commission Review Fee (in addition to ASD base fee for commercial/industrial projects) New Fees
City Council/RSA Agenda 277 Tuesday, May 24, 2022
5 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Public Works:
• $4,000 Small Cell Master License Agreement (MLA)
Processing Fee (fixed amount, no refunds)
• $65 Small Cell Pole License Administrative Fee (per pole)• $1,800 Small Cell Pole License Deposit (per pole, refund balance)
New Fees
City Council/RSA Agenda 278 Tuesday, May 24, 2022
6 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Public Works:
• $50,000 Small Cell Pole License Security Deposit for first 9 pole licenses (cash or bond)
• $25,000 Small Cell Pole License Security Deposit for
10th+ pole licenses (cash or bond)
• $278 Small Cell Annual License Fee (per pole)• $1,545 Small Cell Contingent License Fee New Fees
City Council/RSA Agenda 279 Tuesday, May 24, 2022
7 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Community & Recreation Services:Facility Use Fees – Kennedy Youth Center:
-Classroom, Patio, Lounge & Kitchen• $50 (resident) / $60 (non-resident) / 2x resident rate (commercial) during normal operating hours
• $100 + Janitorial Surcharges (resident) / $115 + Janitorial Surcharges (non-resident) / 2x resident rate (commercial) during non-operating hours
New Fees
City Council/RSA Agenda 280 Tuesday, May 24, 2022
8 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Community & Recreation Services:Facility Use Fees – Kennedy Youth Center:
-Classroom or Lounge• $35 (resident) / $40 (non-resident) / 2x resident rate (commercial) during normal operating hours
• $80 + Janitorial Surcharges (resident) / $90 + Janitorial Surcharges (non-resident) / 2x resident rate (commercial) during non-operating hours New Fees
City Council/RSA Agenda 281 Tuesday, May 24, 2022
9 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Community & Recreation Services:Facility Use Fees – Kennedy Youth Center:
-Game Room with Classroom or Lounge Rental Only• $300 first 2 hours + $50 each additional hour (resident & non-resident) / 2x resident rate (commercial) during nonoperating hours New Fees
City Council/RSA Agenda 282 Tuesday, May 24, 2022
10 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Community & Recreation Services:Facility Use Fees – Kennedy Youth Center:
-Atrium with Classroom or Lounge Rental Only• $25 (resident) / $30 (non-resident) / 2x resident rate (commercial) during normal operating hours
• $25 (resident) / $30 (non-resident) / 2x resident rate (commercial) during non-operating hours
New Fees
City Council/RSA Agenda 283 Tuesday, May 24, 2022
11 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Community & Recreation Services:Facility Use Fees – Studio 11:
-Studio• $55 (resident) / $65 (non-resident) during normal operating hours
• $55 + Janitorial Surcharges (resident) / $65 + Janitorial Surcharges (non-resident) during non-operating hour
s
New Fees
City Council/RSA Agenda 284 Tuesday, May 24, 2022
12 Presentation of the Proposed FY 2022-2023 Master Fee Schedule Community & Recreation Services:Facility Use Fees – Studio 11:
-Studio with Kitchen• $100 (resident) / $115 (non-resident) during normal operating hours
• $100 + Janitorial Surcharges (resident) / $115 + Janitorial Surcharges (non-resident) during non-operating hour
s
New Fees
City Council/RSA Agenda 285 Tuesday, May 24, 2022
13 Presentation of the Proposed FY 2022-2023 Master Fee Schedule • Open the Public Hearing and take public testimony• Approve the Resolution:
• A Resolution of the City Council of the City of Union City approving the proposed Fiscal Year 2022-2023 Master Fee Schedule, as presented.
Requested Actions
City Council/RSA Agenda 286 Tuesday, May 24, 2022
Agenda Item
DATE: 5/24/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CHIEF JARED RINETTI
SUBJECT: PUBLIC HEARING TO RECEIVE INPUT ON MILITARY EQUIPMENT POLICYAND INTRODUCE AN ORDINANCE ADDING CHAPTER 2.62
ENTITLED, "MILITARY EQUIPMENT USE POLICY" TO THE
MUNICIPAL CODE IN COMPLIANCE WITHASSEMBLY BILL 481
Staff recommends that the City Councilconduct a public hearing to receive input on the proposed military equipment policy and waive full reading and introduce by title only an ordinance adding Chapter 2.62, “Military Equipment Use Policy” to the Union City Municipal Code and approve the Military Equipment Use Policy.
STRATEGIC PLAN ALIGNMENT
Goal C: Economic, Community development and Public Safety Strategy 13:Align public safety services with community needs
BACKGROUND
On January 1, 2022, Assembly Bill 481 (AB 481) was enacted to address the use of military equipment by law enforcement agencies in California. AB 481, codified as Government Code (GC) §7071 through 7075, requires the City of Union City Police Department (“UCPD”) to adopt a written military equipment use policy approved by the City Council by way of an ordinance, prior to taking certain actions relating to the funding, acquisition, or use of “military equipment” as defined by AB 481 City Councilapproval must be obtained prior to engaging in any of the following:
Continued use of any military equipment acquired before January 1, 2022.
Purchasing, raising funds for, or acquiring military equipment after January 1, 2022. This includes City Council/RSA Agenda 287 Tuesday, May 24, 2022
applying for grants or receiving donations.
Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of Union City.
Using any new or existing military equipment not previously approved by the City Council. “Military equipment” as defined by AB 481 does not necessarily indicate equipment used by or acquired from the military. “Military equipment” as defined by AB 481 includes, but is not limited to, armored or weaponized vehicles, remotely powered vehicles, large-caliber and specialized firearms, explosive breaching tools, and “flashbang” grenades and projectile launchers. Any equipment which falls under the definition of “military equipment” as set forth in GC §7070 (c) (1)-(16) is subject to the terms of AB 481.
A military equipment use policy under AB 481 is a public document that sets forth the intended use and purpose of the military equipment by the UCPD. The policy must address a number of specific topics as set forth in GC §7070(d) including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legaland procedural rules that govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the process and procedures by which the public may register complaints for violation of the policy. Nothing under AB 481 is intended to outright prohibit any particular kind of military equipment.
Attachment 2 is UCPD’s proposed military equipment use policy, with attached inventory list of military equipment UCPD currently has, and intends to use in the future, that falls within the definition of “military equipment” under AB 481.
Under AB 481, the City Council must consider the proposed military equipment use policy in open session of a City Council meeting and may only approve the policy if it makes specific findings regarding the equipment including safeguards, cost effectiveness, reasonableness of use, and fiscal impact. Specifically, City Council must make all of the following findings:
1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Once the ordinance is adopted approving the department’s military equipment use policy, City Council must review the policy annually to determine whether it complies with the standards for approval set forth above and must either disapprove, renew, or amend the policy based on its findings. The City Council’s findings at the time of annual review must include a review of an annual military equipment report to be prepared by UCPD and must be done during a City Council meeting’s open session.
The purpose of the proposed ordinance is to confirm City Council’s approval of the proposed military equipment use policy in compliance with AB 481, which allows for the continued and future use of military equipment by UCPD to safeguard the public’s welfare, safety, civil rights, and liberties.
DISCUSSION
City Council/RSA Agenda 288 Tuesday, May 24, 2022
Per Government Code §7073 , a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shallcommence the City Councilapproval process in accordance with this section no later than May 1, 2022.
If the City Council does not approve the continued use of military equipment, within 180 days of submitting policy, the law enforcement agency shallcease its use of the military equipment until it receives the approval.
California Government Code section 7071(b) requires that UCPD post to its website the Military Equipment Use Policy that it plans to propose to City Council, at least thirty (30) days prior to any public hearing concerning the policy, for any comments, questions or concerns from the public. UCPD complied with this requirement by posting the Policy on the City’s website on April 15, 2022. UCPD will hold a public hearing to receive any community input and introduce the proposed ordinance on May 24, 2022.
Generally speaking, military equipment does not extend to standard issued equipment and does not outright prohibit any particular kind of equipment. UCPD currently has, and intends to use in the future, equipment that falls within the definition of “military equipment” under AB 481. The following is a summary of the categories of equipment defined as military equipment under AB 481:
Unmanned, remotely piloted, powered aerial or ground vehicles.
Mine-resistant ambush-protected (MRAP) vehicles or armored personnelcarriers. Police versions of standard consumer vehicles are specifically excluded.
High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
Command and control vehicles that are either built or modified to facilitate the operationalcontroland direction of public safety units.
Weaponized aircraft, vessels, or vehicles of any kind.
Battering rams, slugs, and breaching apparatuses that are explosive in nature.
Firearms and/or ammunition of .50 caliber or greater not including standard issue shotguns.
Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers.
Any firearm or firearm accessory that is designed to launch explosive projectiles. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
City Council/RSA Agenda 289 Tuesday, May 24, 2022
Any other equipment as determined by a governing body or a state agency to require additional oversight.
Per AB 481, “Military Equipment Use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
The fiscal impact of each type of military equipment, including the initialcosts of obtaining the equipment and estimated annualcosts of maintaining the equipment.
The legaland procedural rules that govern each authorized use.
The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any employee is allowed to use each specific type of military equipment.
The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency willensure that each complaint, concern, or question receives a response in a timely manner.
The proposed Policy complies with the requirement under AB 481 as it contains all the required elements of Government Code section 7070 (d) set forth above. The Policy outlines each item identified as “military equipment” in Government Code section 7070 (c) under the qualifying equipment inventory that is currently owned by UCPD. The Policy and inventory also include the current use and cost of each item, type, quantity, capabilities, purposes, and authorized uses, legaland procedural rules that govern their use, and the mechanisms in place to ensure policy compliance. These particular items, and their stated uses, have been in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and councilapproval.
Additionally, the Policy states the procedures by which the public may register complaints for violation of the Policy. Specifically, UCPD has an established Professional Standards Unit and complaints process with forms available at the department and online. The public will have the ability to provide verbalconcerns/complaints over the telephone or in-person at the Union City Police Department.
Per 7071 GC, the City Council shall only approve a military equipment use policy if it meets all of the following:
The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
City Council/RSA Agenda 290 Tuesday, May 24, 2022
The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
The City Council shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting.
The City Council shall determine, based on the annual military equipment report submitted pursuant to Government Code section 7072, whether each type of military equipment identified in that report has complied with the standards for approval. If the City Council determines a type of military equipment identified in that annual military equipment report has not complied with the standards, they shalleither disapprove a renewal or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
AB 481 requires any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
A law enforcement agency that receives approval for a military equipment use policy shall submit to the City Councilan annual military equipment report for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shallalso make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
A summary of how the military equipment was used and the purpose of its use.
A summary of any complaints or concerns received concerning the military equipment.
The results of any internalaudits, any information about violations of the military equipment use policy, and any actions taken in response.
The totalannualcost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
The quantity possessed for each type of military equipment.
If UCPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Within 30 days of submitting and publicly releasing an annual military equipment report, UCPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the City Council/RSA Agenda 291 Tuesday, May 24, 2022
general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. A virtualcommunity engagement meeting can be used in the event an in-person venue is not ideal.
UCPD has a significant interest in continuing to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties of the citizens of the City of Union City. The use of the military equipment identified on the inventory list is vital to UCPD’s mission and willcontinue to be strictly regulated through internal processes and oversight.
FISCAL IMPACT
There is no direct fiscal impact from the adoption of the ordinance approving the military equipment use policy.
The Policy explicitly references the fiscal impact related to costs to maintain or acquire equipment. The development and ongoing compliance with the provisions of AB 481 will be managed by existing staff.
RECOMMENDATION
Staff recommends that the City Councilconduct a public hearing to receive input on the proposed military equipment policy and waive full reading and introduce by title only an ordinance adding Chapter 2.62, “Military Equipment Use Policy” to the Union City Municipal Code and approve the Military Equipment Use Policy.
Prepared by:
Lieutenant Andrew Holt
Submitted by:
Lieutenant Andrew Holt
ATTACHMENTS:
Description Type
Assembly Bill 481 Attachment
Military Equipment Ordinance Ordinance
Military Equipment Policy Attachment
Power Point Attachment
City Council/RSA Agenda 292 Tuesday, May 24, 2022
AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the City Council/RSA Agenda 293 Tuesday, May 24, 2022
AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
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AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.
SEC. 2.
Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070.
For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.
(2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
City Council/RSA Agenda 295 Tuesday, May 24, 2022
AB-481 Law enforcement and state agencies: military
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(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. (4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of City Council/RSA Agenda 296 Tuesday, May 24, 2022
AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071.
(a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the City Council/RSA Agenda 297 Tuesday, May 24, 2022
AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
(c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
City Council/RSA Agenda 298 Tuesday, May 24, 2022
AB-481 Law enforcement and state agencies: military
equipment: funding, acquisition, and use.
7072.
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one wellpublicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073.
(a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
City Council/RSA Agenda 299 Tuesday, May 24, 2022
AB-481 Law enforcement and state agencies: military
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(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter. (6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment.
(7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074.
The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075.
Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or City Council/RSA Agenda 300 Tuesday, May 24, 2022
AB-481 Law enforcement and state agencies: military
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school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
City Council/RSA Agenda 301 Tuesday, May 24, 2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPROVING AND ADOPTING A MILITARY EQUIPMENT USE POLICY AND ADDING CHAPTER 2.62 “MILITARY EQUIPMENT USE POLICY” TO TITLE 2 “ADMINISTRATION AND PERSONNEL” OF THE UNION CITY MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070 subdivision (c); and
WHEREAS, the Union City Police Department is in possession of certain items of equipment that may qualify as “military equipment” under Assembly Bill 481; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy.
The policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code Section 7071 subdivision (d); and
WHEREAS, the military equipment use policy and supporting information must, upon adoption by ordinance, thereafter be approved by the governing body by ordinance and reviewed annually; and
WHEREAS, the proposed military equipment use policy, including military equipment inventory, has been prepared by the Union City Police Department and identified as Policy 709; and
WHEREAS, Policy 709 was published on the Union City Police Department’s internet website thirty (30) days prior to the public hearing concerning the military equipment at issue in compliance with Government Code Section 7071 subdivision (b); and City Council/RSA Agenda 302 Tuesday, May 24, 2022
WHEREAS, the Union City Police Department commenced the approval process prior to May 1, 2022, in accordance with Assembly Bill 481; and
WHEREAS, Policy 709 was presented to City Council at a public hearing on May 26, 2022; and WHEREAS, Policy 709 meets the requirements of California Government Code Section 7070 (d); and
WHEREAS, the City Council of the City of Union City, having received the information required under Assembly Bill 481 regarding the Union City Police Department’s use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7071 (d), deems it to be in the best interest of the City to approve the Union City Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth herein.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. Determinations.
Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:
1. The Union City Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
2. The Union City Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. The military equipment identified in the Union City Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.
4. Prior military equipment use by the Union City Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
5. The Union City Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and adopted.
City Council/RSA Agenda 303 Tuesday, May 24, 2022
SECTION 3. Municipal Code Amendment.
Chapter 2.62, Military Equipment Use Policy, is added to the Union City Municipal Code as follows:
“Chapter 2.62 Military Equipment Use Policy.
(a) Pursuant to Government Code Section 7071 (d), the City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed military equipment use policy (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); and
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (b) The Police Department has submitted a proposed Policy to the City Council identified as Union City Police Department Policy 709 and has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use. (e) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).
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(g) The City Council approves the use of the Policy identified as Union City Police Department Policy 709, and finds that it satisfies the requirements of Government Code Section 7070 (d).”
SECTION 4. Severability.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. CEQA.
Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 6. Publication and Effective Date.
Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
City Council/RSA Agenda 305 Tuesday, May 24, 2022
Policy
709
Union City Police Department
Union City PD Policy Manual
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Published with permission by Union City Police Department Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy applies to all members of the Union City Police Department. 709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The City of Union City's elected City Council.
Military equipment –Defined by Government Code § 7070 (c) as including but not being limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers, excluding police versions of standard consumer vehicles. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, specifically excluding unarmored all-terrain vehicles (ATVs) and motorized dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
City Council/RSA Agenda 306 Tuesday, May 24, 2022
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Union City PD Policy Manual
Military Equipment
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Published with permission by Union City Police Department Military Equipment - 2
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
It is the policy of the Union City Police Department that members of this department comply with the provisions of Government Code §§ 7070-7072 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Professional Standards Lieutenant ("PSU Lieutenant"), or designee shall act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the military equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Union City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Ensuring this policy is posted on our city website at least thirty (30) days prior to any public hearing concerning the military equipment at issue and for as long as the equipment is made for use, and includes directions explaining how a community member may submit a question or concern about the use of a type of military equipment, and how the Department will respond in a timely manner. (h) Ensuring compliance with the military equipment use policy and managing investigations / accountability in the event there are suspected violations of this policy.
If applicable, the PSU Lieutenant shall ensure legally enforceable sanctions are put in place for violations of the policy.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: UCPD Military Equipment.pdf
City Council/RSA Agenda 307 Tuesday, May 24, 2022
Union City Police Department
Union City PD Policy Manual
Military Equipment
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Published with permission by Union City Police Department Military Equipment - 3
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any department member or other law enforcement agency engaged in a collaborative effort with the department within this jurisdiction unless the military equipment is approved for use in accordance with this policy. Outside agencies providing mutual aid in Union City or otherwise independently engaged in law enforcement operations within Union City, shall comply with their respective departmental policies. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
City Council/RSA Agenda 308 Tuesday, May 24, 2022
Union City Police Department
Union City PD Policy Manual
Military Equipment
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Published with permission by Union City Police Department Military Equipment - 4
709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. A virtual community engagement meeting can be used to meet this requirement in the event an in-person venue is not ideal. 709.8.1 COMMUNITY FEEDBACK AND QUESTIONS
Pursuant to California Government Code §7070(d)(7), members of the public may submit complaints, concerns, or questions regarding this policy in the following ways:
(a) In person at the Union City Police Station
(b) By email: [email protected]
(c) Through the following website: https://www.unioncity.org/357/File-a-Compliment-or-aComplaint (d) By phone: (510) 471-1365
(e) By USPS mail sent to:
Union City Police Department
Attn: Professional Standards Unit
34009 Alvarado Niles Road
Union City, CA 94587
The Union City Police Department is committed to responding to complaints, concerns, and/or questions received through any of the above methods in a timely manner. 709.9 CITY COUNCIL APPROVAL
Pursuant to California Government Code § 7071, the Union City City Council approved this Policy pursuant to Ordinance No. ____________ on ______________________, 2022. Further substantive amendments to the Policy need to be reviewed and approved by the City Council. 709.10 REVISIONS
Adopted: April 13, 2022
City Council/RSA Agenda 309 Tuesday, May 24, 2022
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Attachments
City Council/RSA Agenda 310 Tuesday, May 24, 2022
Attachment
Union City PD Policy Manual
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Published with permission by Union City Police Department UCPD Military Equipment.pdf - 6
UCPD Military Equipment.pdf
UCPD Military Equipment.pdf
City Council/RSA Agenda 311 Tuesday, May 24, 2022
UNION CITY POLICE DEPARTMENT
MILITARY EQUIPMENT
Equipment Name: Lenco Bearcat G2 (ARV)
Legal/Procedural Rules Governing Use: Cal. Gov. Codes § 7071- § 7075 UCPD Policy: UCPD Policy #705 (Special Purpose Vehicles). This policy describes when it is authorized to use the ARV, personnel authorized to use the ARV, and guidelines pertaining to its operational readiness, as well as inspections.
Description: The Lenco Bearcat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government.
Quantity Owned: 1
Lifespan: Approximately 25 years
Equipment Capabilities: ARV’s are designed to protect the lives of victims, officers, and even suspects.
Purpose/Authorized Use: The ARV may be deployed in situations where its use would enhance the tactical advantage of officers, aid in the rescue of injured persons, protect life and property, or improve the likelihood that an incident would be resolved without the use of deadly force or other force options.
The ARV is primarily used for SWAT incidents, safe transport of SWAT personnel to and from critical incidents, high risk warrant service operations, dangerous high risk tactical operations, high risk rescue operations, training, community engagement efforts, and other applications deemed appropriate and approved by the SWAT Commander, Division Captain, or Chief of Police.
Training: Officersshould be trained in the operation ofthe ARV priorto using it or driving it. The training is typically conducted by SWAT operators during the orientation phase of Field Training for new officers.
Training will include knowledge of this procedure, rules of the road, and basic knowledge of electronic/mechanical functions of the vehicle. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise. Only Union City PD personnel who have completed training and possess a valid California Driver’s license will be authorized to drive/operate the ARV, unless a delayed deployment of the ARV would result in death or serious bodily injury. The SWAT Commander or his/her designee is responsible for training officers on proper use, driving techniques, and ensuring the vehicle is properly serviced and maintained.
Maintenance: The SWAT program manager is responsible for the general maintenance of this vehicle and it is serviced by the Union City Corp Yard.
Storage: The ARV is stored at UCPD.
Courses Required by CA POST: N/A.
Fiscal Impacts: The initial cost of the ARV was approximately $350,000.00 and its purchase was approved by the City Council. The on-going costs associated with its use will depend on several variables, however the annual cost to operate this vehicle is estimated to range between $0 and $12,000 each year.
City Council/RSA Agenda 312 Tuesday, May 24, 2022
Equipment Name: Unmanned Aerial Systems (UAS)
Legal/Procedural Rules Governing Use: Federal Aviation Regulations (14 CFR Part 107) and Cal. Gov.
Codes § 7071- § 7075.
UCPD Policy: UCPD Policy #615 (Unmanned Aerial System (UAS) Operations). The purpose of this policy is to establish guidelines for the safe, efficient, and lawful use of an unmanned aerial system (UAS) and for the storage, retrieval, and dissemination of images and data captured by the UAS.
Description: An unmanned aircraft that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial system (UAS), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means. All of these devices may be described as business level foldable, portable, long-range flying camera, and accessory systems that adapts well to uses by first responders and businesses that routinely inspect hard-to-reach assets.
Quantity Owned: UCPD currently operates 10 UAS’s in total, consisting of: 3 X DJI Mavic Pro, 2 X DJI Mavic 2 Enterprise Advanced, 1 X DJI Mavic Air 2, 1 X DJI Mavic Enterprise, 2 X DJI Mini 2, and 1 X DJI Inspire 1.
Lifespan: All UAS equipment has an expected lifespan of 5-7 years.
Equipment Capabilities: A UAS may be used to protect lives and property when other means and resources are not available, or are less effective. UCPD may also use the UAS in situations that would benefit from an aerial perspective and/or enable first responders to detect dangers that might otherwise not be seen, and for approved training missions.
Purpose/Authorized Use: Typical uses of UAS include exigent public safety and life preservation missions (ex. barricaded subjects, hostage situations, active shooters, searches for armed suspects, etc.), searches for missing persons, disaster response and recovery operations, response to suspected explosive devices, response to HAZMAT incidents, crime scene review and documentation, authorized training missions, and public demonstrations. The use of a UAS in such situations enhances safety by providing observation of possible threats from a position of safety. This advantage decreases the likelihood of uses of force and exposure to dangerous devices and materials by increasing the likelihood of better coordination, planning, and employment of de-escalation techniques. The only other known options that may be able to provide similar advantages are piloted aircraft, but the cost of such options greatly exceed the costs to acquire and use a UAS. Additionally, such aircraft are not able to maneuver in the same areas, are far louder, and require much more training, maintenance, and other logistics costs.
Training: The FAA requires 14 CFR Part 107 pilots to minimally conduct three daytime take-offs and landings, and three nighttime take-offs and landings, if they will fly at night, every 90 days. It is anticipated that UCPD’s UAS pilots will train during downtime on their regular work days. However, UAS pilots should also plan to participate in our own in-house training, including cross-training with other special units and other local UAS programs.
Courses Required by CA POST: N/A
Fiscal Impacts: UCPD experienced a Cyber Outage in September 2019. As a result, pertinent records belonging to the program were permanently lost. However, we estimate that the total cost of all gear associated with the above listed equipment was approximately $15,000. Additionally, the ongoing costs associated with the program are estimated to be between $0 and $10,000.00 per year depending on repairs, replacement and training associated with this program .
Maintenance: The UAS program managerisresponsible for the general maintenance of all UAS devices.
A UAS may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel.
Storage: All UAS devices are stored at UCPD or a UCPD sub-station.
City Council/RSA Agenda 313 Tuesday, May 24, 2022
Equipment Name: COLT AR-15 (5.56/223mm) Semi-Automatic/Automatic Rifles and Ammunition.
Legal/Procedural Rules Governing Use: CA Gov’t Code §7070(c)(10), Government Code § 7286, Penal Code § 13514.1, and Cal. Gov. Codes § 7071- § 7075.
UCPD Policy: The following policies govern the use of these weapons: 1. UCPD Policy #312 (Firearms).
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, as well as firearms maintenance, training, and qualifications, 2. UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options.
Description: A COLT AR-15 Rifle is a 5.56/.223mm NATO, air-cooled, gas-operated, magazine-fed, shoulder fired weapon, designed for semi-automatic and selective fire. The Winchester .223 Remington, 64 grain, Power-Point (RA223R2) cartridge is the primary duty ammunition for all Patrol and SWAT rifles.
Quantity Owned: Fully automatic AR-15 Rifle X 11. Semi-Automatic AR-15 Rifle X 54. 5.56/.223mm X 70,000 cartridges.
Lifespan: The lifespan of these weapons is subject to myriad factors which determine wear and tear.
Therefore, there is no true metric to make such an estimation. There is no expiration on the cartridges.
Equipment Capabilities: UCPD’s SWAT team utilizes COLT AR-15 5.56 mm/.223 CQB fully automatic rifles. These rifles are industry standard for law enforcement and utilized for high-risk situations and entries in critical incidents for accuracy, precision, ammunition capacity (30 Rounds), and quicker target acquisition. The .223/5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. The projectile is ideal for close and long range combat situations.
Purpose/Authorized Use: The above stated rifles are capable of providing superior fire power during extremely violent situations. These rifles can typically be used for precision shooting from distance and are ideal for close confrontations because the projectile is less likely to over penetrate their intended target.
Training: Officers must successfully complete a 16-hour patrol rifle course as well as regular department firearms training, and qualifications as required by law and policy. SWAT personnel must complete an 80-hour basic SWAT team course.
Courses Required by CA POST: Officers must successfully complete a 16-hour patrol rifle course. SWAT team operators and SWAT supervisors/team leaders should complete a POST-certified basic SWAT course or its equivalent (as determined by the agency). Training may be considered equivalent when the hours, topics, and content meets or exceeds POST’s standardized training recommendations.
Fiscal Impacts: UCPD experienced a Cyber Outage in September 2019. As a result, pertinent records belonging to this program were permanently lost. However, we estimate that the total cost of all of the firearms listed above to be approximately $76,500.00. Additionally, the ongoing costs associated with the maintenance of these weapons is estimated to range between $0 and $6,773.00 each year.
Additionally, the ongoing costs associated with 5.56/.223 ammunition is estimated to range between $0 and $35.665.00 per year.
Maintenance: The Firearms program manager is responsible for the general maintenance of these weapons and cartridges. Weapons and cartridges may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel.
Storage: These firearms and cartridges are stored at UCPD.
City Council/RSA Agenda 314 Tuesday, May 24, 2022
Equipment Name: Precision Rifles
Legal/Procedural Rules Governing Use: CA Gov’t Code §7070(c)(10), Government Code § 7286, Penal Code § 13514.1, and Cal. Gov. Codes § 7071- § 7075.
UCPD Policy: The following policies govern the use of these weapons: 1. UCPD Policy #312 (Firearms).
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, as well as firearms maintenance, training, and qualifications. 2. UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options. 3. UCPD Policy #408 (Crisis Response Unit). This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations.
Description: The Precision Rifle Team current utilizes two different types of precision rifles: 1.
Remington 700 bolt action rifle chambered in .308. 2. Colt LE901 Modular Carbine chambered in .308 with Surefire muzzle break (MB762-211C), and Surefire sound suppressors (FA762K). UCPD Precision shooters use the Hornady Tactical Application Police .308, 168 grain A-MAX, #80965 cartridge. The 168 grain cartridge maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target.
Quantity Owned: 1 X Colt LE901 Modular Carbine chambered in .308 with Surefire muzzle break (MB762-211C) and Surefire sound suppressor (FA762K) and 3 X Remington 700 bolt action rifles chambered in .308 (2 are equipped with AI AICS and 1 is equipped with a Hogue Over molded rubber stock). Hornady Tactical Application Police .308 cartridges X 3,040.
Lifespan: The lifespan of these weapons is subject to myriad factors which determine wear and tear.
Therefore, there is no true metric to make such an estimation. There is no expiration on the cartridges.
Equipment Capabilities: These firearms and cartridges are used for long range precision rifle shots in hostage situations to effectively reduce collateral damage to a potential victim/hostage. They are also used to thwart active shooters/terrorist attacks involving firearms.
Purpose/Authorized Use: Precision rifles and .308 cartridges are used for precision shooting in situations where other means of force would be futile due to range or urgency.
Training: Precision rifle operatorsshould not be deployed until completion of a POST-certified precision rifle course, or its equivalent. Precision rifle operators should participate in documented training on a monthly basis to maintain individual and team core competencies consistent with the type of SWAT missions performed.
Courses Required by CA POST: Precision rifle operators should participate in documented training on a monthly basis to maintain individual and team core competencies consistent with the type of SWAT missions performed.
Fiscal Impacts: UCPD experienced a Cyber Outage in September 2019. As a result, pertinent records belonging to this program were permanently lost. However, we estimate that the total cost of all of the precision rifles listed above to be approximately $8,000.00. Additionally, the ongoing costs associated with the maintenance of the rifles is estimated to range between $0 and $2,000.00 per year. The total cost of all .308 cartridges on-hand is approximately $480.00. The ongoing costs associated with cartridges is estimated to range between $0 and $3,560.00 each year.
Maintenance: The Firearms program manager is responsible for the general maintenance of these weapons. A weapon may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel.
Storage: These firearms are stored at UCPD.
City Council/RSA Agenda 315 Tuesday, May 24, 2022
Equipment Name: Less Lethal Launchers, Kinetic Energy Devices, and the FN-303 System Legal/Procedural Rules Governing Use: CA Gov’t Code §7070(c)(14).
UCPD Policy: The following policies govern the use of these munitions 1. UCPD Policy #312 (Firearms).
This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, as well as firearms maintenance, training, and qualifications. 2. UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options. 3. UCPD Policy #308 (Control Devices and Techniques). This policy provides guidelinesforthe use and maintenance of control devices.
4. UCPD Policy #467 (First Amendment Assemblies). This policy provides guidance for responding to public assemblies or demonstrations. 5. UCPD Policy #408 (Crisis Response Unit). This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations.
Description: UCPD Currently utilizestwo different 40 mm launchers: 1. Defense Technology Single Shot Launcher and 2. Penn Arms Pump Multi-Launcher. The Defense Technology Single Shot Launcher is capable of holding one round of munition at a time. It has a pistol grip, forward grip, and a plastic stock.
The Penn Arms Multi-Launcher is capable of holding up to six rounds of munitions at a single time and is capable of launching them in succession without reloading. It has a pistol grip, forward grip, and a plastic stock. UCPD also utilizes Remington 870 shotguns and FN 303 devices as means to disperse chemical munitions. The Remington Model 870 shotgun is 12 gauge, with an 18” barrel, and 2 ¾” chamber. The FN 303 is a semi-automatic less-lethal riot gun designed and manufactured by Fabrique Nationale de Herstal. It is 29.1” in length and allows for standard size projectiles. The Less-Lethal “Bean Bag” Shotgun is a Remington 870 Shotgun outfitted with an orange butt stock. The Less-Lethal Shotgun deploys less-lethal (Super-Sock) munitions Model 2581. This munition delivers consistent terminal impact characteristics at close-in and extended ranges, thanks to the flexible tubular material bag specially developed for this unique less than lethal round. When deployed, Super-Sock presents a consistent aerodynamic shape every time, delivering consistent and predictable terminal performance.
Super-Sock munitions will fit cylinder and improved cylinder 12ga shotguns chambered for 2.75" and 3" cartridges.
Lifespan: The lifespan of these less-lethal systems is subject to myriad factors which determine wear and tear. Therefore, there is no set metric to make such an estimation. Super-Sock rounds do not have an expiration date.
Equipment Capabilities: When properly used, less-lethal systems can assist officers in controlling a violent individual with less likelihood of serious injury to both the subject and the involved officers.
Purpose/Authorized Use: These devices may be used to control subjects who are violent or who demonstrate the intent to be violent.
Quantity Owned: 40 mm launchers: 1. Defense Technology Single Shot Launcher X 2, Penn Arms Pump Multi-Launcher X 1, Remington 870 shotguns with orange stocks X 41, and FN 303 devices X 2. Super Sock-Rounds X 639. Total FN 303 Projectiles X 12.
Training: The Training Manager shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. All training and proficiency for control devices will be documented in the officer’s training file. Officers who fail to demonstrate proficiency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. The SWAT Commandershall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are City Council/RSA Agenda 316 Tuesday, May 24, 2022
retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor.
Courses Required by CA POST: SWAT team operators and SWAT supervisors/team leaders should complete a POST-certified basic SWAT course or its equivalent (as determined by the agency). Training may be considered equivalent when the hours, topics, and content meets or exceeds POST’s standardized training recommendations. Agencies should consider the role in which they assign SWAT members who have not yet completed a basic SWAT course or its equivalent.
Fiscal Impacts: UCPD experienced a Cyber Outage in September 2019. As a result, pertinent records belonging to this program were permanently lost. However, we estimate that the total cost of all of the firearms and systems listed above to be approximately $25,026.09. Additionally, the ongoing costs associated with the program is estimated to range between $0 and $7,047.00 per year. The total cost of Super-Sock rounds on-hand is estimated to have cost approximately $4,544.00 and the on-going yearly estimated cost is anticipated to be $5,440.00.
Maintenance: The Firearms program manager is responsible for the general maintenance of these firearms and systems. These items may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel.
Storage: The listed firearms and munitions are stored at UCPD.
City Council/RSA Agenda 317 Tuesday, May 24, 2022
Equipment Name: CS Chemical Munitions, FN 303 Projectiles, and Smoke Canisters Legal/Procedural Rules Governing Use: CA Gov’t Code §7070(c)(14) UCPD Policy: 1. UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options. 2. UCPD Policy #308 (Control Devices and Techniques). This policy provides guidelines for the use and maintenance of control devices. 3. UCPD Policy #467 (First Amendment Assemblies). This policy provides guidance for responding to public assemblies or demonstrations. 4.
UCPD Policy #408 (Crisis Response Unit). This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations.
Lifespan: Chemical munitions and smoke cannisters have an approximate life span of 5 years. FN 303 projectiles have a lifespan of approximately 3 years.
Equipment Capabilities: Chemical agents may be used to deny a designated area to a subject, force a subject to move to a desired area, and to disable or disorient a subject. Smoke Cannisters may be used as a signaling device, as a target or marking device, or as a screening device for unit movements, usually in violent crowd situations.
Purpose/Authorized Use: Department-approved chemical agents may be used for crowd control, crowd dispersal, or against barricaded suspects based on the circumstances.
Training: Agency instructors attend a 40-Hour Chemical Agent Instructor course. These instructorstrain SWAT team members in the use of chemical agents. SWAT personnel must complete an 80-hour basic SWAT team course. Additionally, The SWAT Commander shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor.
Courses Required by CA POST: SWAT team operators and SWAT supervisors/team leaders should complete a POST-certified basic SWAT course or its equivalent (as determined by the agency). Training may be considered equivalent when the hours, topics, and content meets or exceeds POST’s standardized training recommendations. Agencies should consider the role in which they assign SWAT members who have not yet completed a basic SWAT course or its equivalent.
Fiscal Impacts: UCPD experienced a Cyber Outage in September 2019. As a result, pertinent records belonging to this program were permanently lost. However, we estimate that the total cost of all of the CS munitions and smoke agents listed below to be approximately $7,190.00. Additionally, the ongoing costs associated with this portion of the program is estimated to range between $0 and $7,047 per year. Maintenance of the FN 303 and its projectiles is anticipated to range between $0 and $1,000.00 per year.
Maintenance: The SWAT program manager is responsible for the general maintenance of these munitions. A weapon may be sent back to a purveyor in the event equipment cannot be serviced by UCPD personnel.
Storage: These munitions are stored at UCPD.
The Chart on the following page will provide the description, cost, and quantity of each CS agent employed by UCPD.
City Council/RSA Agenda 318 Tuesday, May 24, 2022
CHEMICAL MUNITIONS # Purpose Burn Time Indv. Cost Total Defense Technology
Pocket Tactical CS #1016 27 Pyro; Burning 20-40 sec $30.75 Each $830.25 Defense Technology Riot
Control CS #1082
29 Pyro; Burning, high Vol 20-40 sec $30.75 Each $891.75 Combined Systems
Baffled Riot CS Smoke
#5230B
7 Pyro, low flame, indoor Instant $49.75 Each
$348.25
Combined Systems
Smoke #5210B 5
Pyrotechnic smoke grenade used
for concealment or as a signaling
device
Instant
$47.30 Each $236.50
Defense Technology
Flameless Tri-chamber CS
#1032
16 Pyro; Internal Burn Safe
(flameless); Indoor/Attic Use;
NON-LAUNCHABLE
20-30 sec $46.25 Each
$740
Defense Technology Hanball Grenade CS #1092 30 Pyro; Burning 15-20sec $49.75 Each $1,492.50
Defense Technology 40
mm powder ferret CS
#1292
14 Liquid; Non-Pyro; Launchable
Munition; Instantaneous Delivery
Once Ruptured; 50 Yard Eff. Range
Instant $23.75 Each
$332.50
Defense Technology 40
mm liquid ferret CS #1262 7
Liquid; Non-Pyro; Launchable
Munition; Instantaneous Delivery
Once Ruptured; 50 Yard Eff. Range
Instant $23.75 Each
$166.25
Defense Technology
37mm muzzle blast CS
#1142
10 Powder Dispersion Round Instant $25.60 Each
$256
Defense Technology 12
Gauge CS rounds 7 Liquid/powder Instant
$24.50 Each $171.50
Defense Technology
40mm foam baton
11 Powder Instant $30.30 Each
$333.30
Defense Technology
Spede Heat CS #1070
12 Pyro; High volume 20-40 sec
$40.98 Each $491.76
Defense Technology
Instantaneous Blast CS
canister # 1042
3 powder; Instant; Indoor/Outdoor Instant $49.20 Each
$147.60
Defense Technology triple
chaser CS canister #1026
11 Pyro; Burning 20-40 sec $50.34 Each $553.74
Defense Technology
Pocket Tactical CS #1016
6 Pyro; Burning 20-40 sec $23.50 Each
$141
FN 303 Ammunition 12
.68 caliber, 8.5 gram projectile, finstabilized polystyrene body and a non-toxic bismuth forward
payload. The primary effect of the
projectile is trauma, which
directly neutralizes the aggressor.
Secondary effects from the
projectiles can be delivered via a
chemical payload depending on
mission requirements.
Instant
$712 per 150 Rounds $56.96
Total Cost: $7,189.86
City Council/RSA Agenda 319 Tuesday, May 24, 2022
Equipment Name: Mobile Command Center (MCV)
Legal/Procedural Rules Governing Use: CA Gov’t Code §7070(c)(14).
UCPD Policy: None
Description: The MCV Freightliner MT-55 Freightliner is a command vehicle capable of providing transportation and can store equipment. It was built on a forward control chassis and featurestwo hand fabricated flat floor slide-outs which maximize interior workspace. The MCV is also equipped with the following: a vehicle leveling system, an Intel-I-Touch vehicle automation touch screen with 3 more localized touchpads, an emergency lighting and siren package, bright LED scene lighting,several extreme duty body storage compartments, a weatherproof exterior workstation with 32" display monitor, a front conference room with fixed center table, two workstations in the curbside slide out with dual monitors each, magnetic surface dry erase white boards throughout, multiple interior work stations, an electronics rack with a multi-function printer and custom aluminum cabinetry forstorage, a conference table, fixed bench seating, aluminum cabinets with dry erase writing surface on the overhead cabinets, a 20kW liquid generator, a full vehicle surge suppression system protects all of the installed electrical components, 2 x 55" QLED 4K smart TV monitors that are installed in the front room on the streetside wall, a 43" QLED 4K smart TV monitor in the rear room, an HDMI matrix switcher, multiple radios, and computers.
Lifespan: Approximately 10-12 years dependent on usage.
Equipment Capabilities: The MCV stands as a command post during critical incidents and can be used to provide a mobile workspace for large-scale operations such as multi-jurisdictional operations, DUI checkpoints, or community events.
Purpose/Authorized Use: As both natural and man-made disasters continue to expand in scale, these vehicles offer our department an asset that enables communication and coordination between multiple responding agencies and organizations. They enable quick response and uninterrupted communications. They’re also extremely effective community outreach tools. There are no current policies or laws regarding a mobile command vehicle.
Quantity Owned: 1
Training: Members should be trained in the operation of the MCV prior to using it or driving it. Training will include rules of the road, as well as basic knowledge of electronic/mechanical functions of the vehicle. Supervisors will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise. Only Union City PD personnel who have completed training and possess a valid California Driver’s license will be authorized to drive/operate the MCV, unless a delayed deployment of the MCV would result in death or serious bodily injury. The Field Operations Division Captain or his/her designee is responsible for training officers on proper use, driving techniques, and ensuring the vehicle is properly serviced and maintained.
Courses Required by CA POST: None.
Fiscal Impacts: The initial cost of the MCV was approximately $480,000.00 and the on-going costs associated with the vehicle have not yet been established.
Maintenance: The City Corpyard will be servicing the vehicle.
Storage: The vehicle is stored at the Faulk/CATT Station located at 35000 Easton Court in Union City, California.
City Council/RSA Agenda 320 Tuesday, May 24, 2022
Equipment Name: Robotex Avatar III (Robot)
Legal/Procedural Rules Governing Use: CA Gov’t Code §7070(c)(14).
UCPD Policy: The following UCPD policies govern the use of this device: 1. UCPD Policy #408 (Crisis Response Unit). 2. UCPD Policy #414 (Hostage and Barricade Incidents). The purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage.
Description: The Robot is a compact, lightweight robotic platform. It is designed from the ground up for portability, expandability, and ease-of-use, the Avatar IIIserves as a useful tool for a variety of users.
Lifespan: Approximately 10-15 years.
Equipment Capabilities: The Robot is a tool that can be used in dangerous situations. It may help officers clear a treacherous area without being present. Additionally, the Robot may allow officers to see into that area without being physically present and/or communicate with a hostile subject from a position of safety.
Purpose/Authorized Use: The Robot may be used during a high-risk warrant service, when there is a barricaded subject, and/or hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and also if there are other subjects inside that need assistance. The two-way speakers can be used to de-escalate and determine resistance level.
Quantity Owned: 1
Training: All SWAT team members have been trained on the use of this device. Additionally, other members of our department are trained on its use periodically during briefings. Only assigned operators who have completed the required training shall be permitted to operate the robot unless a delayed deployment would result in death orserious bodily injury. In such instances, authorized use of the Robot will be established by the Incident Commander.
Courses Required by CA POST: None.
Fiscal Impacts: UCPD experienced a Cyber Outage in September 2019. As a result, pertinent records belonging to this program were permanently lost. However, the total estimated cost of all of the equipment associated to the robot was approximately $24,885.00. Additionally, the ongoing costs associated with the program is estimated to range between $0 and $1050.00 per year.
Maintenance: The SWAT program manager is responsible for the general maintenance of the Robot.
The Robot may be sent back to a purveyor in the event it cannot be serviced by UCPD personnel.
Storage: This device is stored at UCPD.
City Council/RSA Agenda 321 Tuesday, May 24, 2022
Equipment Name: Noise and Flash Distraction Device (NFDD):
Legal/Procedural Rules Governing Use: CA Gov’t Code §7070(c)(14).
UCPD Policy: 1. UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options. 2. UCPD Policy #408 (Crisis Response Unit). This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations.
Description: An explosive device that creates a blinding flash of light and sudden, loud noise. UCPD uses the Combined Tactical Systems “Flashbang,” Model 7290 with 1.5 second delay. The CTS 7290 is the standard for diversionary flash-bang devices. The 7290 produces a 165-180db and 6-8 million candela of light output. The patented design of the 7290 incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.
Lifespan: Approximately five years.
Equipment Capabilities: A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDDs are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.
Purpose/Authorized Use: The purpose of the NFDD is to produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (approximately 6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage. With SWAT supervisory approval, authorized SWAT personnel may deploy noise flash diversionary devices in planned and unplanned high-risk operations, or when an immediate distraction in needed during a highrisk situation. The NFDD must be utilized within the line of sight.
Quantity Owned: 26
Training: SWAT personnel must complete an 80-hour basic SWAT team course, as well as periodic perishable skills training.
Courses Required by CA POST: SWAT team operators and SWAT supervisors/team leaders should complete a POST-certified basic SWAT course or its equivalent (as determined by the agency). Training may be considered equivalent when the hours, topics, and content meets or exceeds POST’s standardized training recommendations. Agencies should consider the role in which they assign SWAT members who have not yet completed a basic SWAT course or its equivalent.
Fiscal Impacts: UCPD experienced a Cyber Outage in September 2019. As a result, pertinent records belonging to this program were permanently lost. However, we estimate that the total cost of all of the above stated devices is approximately $1,373.00. Additionally, the ongoing costs associated to these devices is estimated to range between $0 and $7,047.00 per year.
Maintenance: The SWAT program manager is responsible for the general maintenance of this device.
Storage: These devices are stored at UCPD.
City Council/RSA Agenda 322 Tuesday, May 24, 2022
Equipment Name: Breaching Shotgun and Frangible Ammunition Legal/Procedural Rules Governing Use: CA Gov’t Code §7070(c)(14).
UCPD Policy: 1. UCPD Policy #313 (Breaching Shotgun). This policy outlines the use, inspection, and storage of the breaching shotgun 2. UCPD Policy #300 (Use of Force). This policy provides guidelines on the reasonable use of force and force options. 3. UCPD Policy #312 (Firearms). This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, as well as firearms maintenance, training, and qualifications.
Description: UCPD currently uses a modified Remington shotgun with a breaching stand-off tip as a breaching shotgun. The ammunition for this weapon is Royal Arms 12 Gauge, frangible ammunition.
Lifespan: The lifespan of these weapons is subject to myriad factors which determine wear and tear.
Therefore, there is no true metric to make such an estimation. Although there is no expiration date on frangible ammunition if stored properly, it should be replaced approximately every five years.
Equipment Capabilities: The use of the breaching shotgun allows officers to defeat doors that mechanical breaching tools would normally be unable to open. The primary function of the breaching shotgun is for forcing entry.
Purpose/Authorized Use: Officers are allowed to utilize the breaching shotgun in instances where an exigent situation exists and a door must be opened quickly.
Quantity Owned: 5 Shotguns, Frangible Ammunition X 2400.
Training: Only officers trained and having shown adequate proficiency in the use of the breaching shotgun and this agency’s Use of Force Policy are authorized to carry the device.
Courses Required by CA POST: None.
Fiscal Impacts: UCPD experienced a Cyber Outage in September 2019. As a result, pertinent records belonging to this program were permanently lost. However, we estimate that the total cost of all of the breaching shotguns to be approximately $1,400.00. Additionally, the ongoing costs associated with the maintenance of the shotguns is estimated to range between $0 and $2,000.00 per year. The total cost of all frangible ammunition on-hand is approximately $9,600.00 The ongoing costsis estimated to range between $0 and $3,100.00 each year.
Maintenance: The Firearms program manager is responsible for the general maintenance of breaching shotguns. A breaching shotgun may be sent back to a purveyor in the it cannot be serviced by UCPD personnel.
Storage: These devices are stored at UCPD.
City Council/RSA Agenda 323 Tuesday, May 24, 2022
ASSEMBLY BILL 481
MILITARY
EQUIPMENT
City Council/RSA Agenda 324 Tuesday, May 24, 2022
2 STRATEGIC PLAN ALIGNMENT
GOAL C:
Economic, Community
Development, and Public
Safety
STRATEGY 13:
Align Public Safety
Services with Community
Needs
AB 481 – Strategic Plan Alignment
City Council/RSA Agenda 325 Tuesday, May 24, 2022
3 Enacted on January 1st of 2022, AB 481 requires the City of Union City to adopt a military equipment use policy by way of an ordinance. The ordinance would allow for the continued and future use of military equipment by the Union City Police Department.
BACKGROUND
AB 481 – Background
City Council/RSA Agenda 326 Tuesday, May 24, 2022
Union City Police Department
MILITARY EQUIPMENT INVENTORY
City Council/RSA Agenda 327 Tuesday, May 24, 2022
AB 481 – Military Equipment Inventory
5 Lenco BearCat (Armored Vehicle)
Mobile Command Center Vehicle
Unmanned Aerial Systems (Drones)
RoboteX Robot (House Clearing)
City Council/RSA Agenda 328 Tuesday, May 24, 2022
AB 481 – Military Equipment Inventory 6
Precision & AR-15 Automatic Rifles & Ammunition
Less Lethal Launchers, Kinetic Energy Devices, Smoke Canisters & Chemical Munitions
Noise & Flash Distraction Devices (Flash Bangs)
Breaching Shotguns & Frangible Ammunition
City Council/RSA Agenda 329 Tuesday, May 24, 2022
City Council
APPROVAL REQUIREMENTS
City Council/RSA Agenda 330 Tuesday, May 24, 2022
8 The military equipment must be necessary because there are no reasonable alternatives.The policy must safeguard the public’s welfare, safety, civil rights, and civil liberties.The equipment must be reasonably cost effective compared to available alternatives.
AB 481 – City Council Approval Requirements
City Council/RSA Agenda 331 Tuesday, May 24, 2022
9 Our department policy thoroughly documents our equipment, it’s necessity, cost effectiveness and associated training. Although every piece of equipment is unique and are used in different situations, all items assist us in achieving at least one of the following objectives:
• Enhancing the tactical advantage of officers • Aiding in the rescue of injured community members• Protecting life and property or improving the likelihood that an incident would be resolved without the use of deadly force or other force options. • Controlling and/or deescalating a violent individual with less likelihood of serious injury to both the subject and the involved officers.
AB 481 – City Council Approval Requirements
City Council/RSA Agenda 332 Tuesday, May 24, 2022
ANNUAL REPORT AND REVIEW
City Council/RSA Agenda 333 Tuesday, May 24, 2022
11 UCPD will submit an annual military equipment report to the council which will document the following:
• Information related to the use of such equipment• Complaints related to the equipment• Cost of use• Any information related to internal audits or violations of the associated policy.
The City Council shall review the policy at least annually and vote on whether to renew the ordinance at a regular meeting.
All new equipment must first be approved by the council AB 481 – Annual Report and Review
City Council/RSA Agenda 334 Tuesday, May 24, 2022
FISCAL IMPACT
All current military equipment has been budgeted for and purchased. The development and ongoing compliance with the provisions of ab 481 will be managed by existing staff.
City Council/RSA Agenda 335 Tuesday, May 24, 2022
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing to receive input on the proposed policy. Following public hearing, staff recommends that the City Council waive full reading and introduce by title only an ordinance adding Chapter 2.62, “Military Equipment Use Policy” to the Union City Municipal Code and approve the Military Equipment Use Policy.
City Council/RSA Agenda 336 Tuesday, May 24, 2022
ANY QUESTIONS?
City Council/RSA Agenda 337 Tuesday, May 24, 2022