Agenda packet, regular meeting — Union City City Council, June 9, 2026 (part 2 of 2)

RESOLUTION NO. 2026-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING THE SIDE LETTER BETWEEN THE CITY OF UNION CITY

AND ALLIED WASTE SERVICES OF NORTH AMERICA, LLC
REGARDING THE JULY 2025 SOLID WASTE COLLECTION SERVICE

DISRUPTIONS, AUTHORIZING CUSTOMER SERVICE CREDITS,

REIMBURSEMENT OF CITY COSTS, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, Allied Waste Services of North America, LLC (“Allied”), doing business as Republic Services, provides solid waste, recycling, organics, and related collection services within the City of Union City pursuant to the Amended and Restated Franchise Agreement effective July 1, 2025; and
WHEREAS, commencing on July 8, 2025, and extending through July 18, 2025, labor-related actions involving third-party employees resulted in disruptions to portions of Allied’s solid waste, recycling, and organics collection services within the City of Union City; and
WHEREAS, the collection service disruptions caused inconvenience and delays for residential, multi-family, and commercial customers within the City; and WHEREAS, following discussions between City staff, City leadership, legal counsel, and Allied representatives, the parties negotiated the proposed Side Letter intended to resolve matters arising from the July 2025 service disruptions; and WHEREAS, pursuant to the proposed Side Letter, Allied has agreed to customer service credits to impacted residential, multi-family, and commercial customers within the City as provided in the Side Letter Agreement; and
WHEREAS, the proposed single-family residential two-week customer service credits are estimated at approximately $110,815 and include applicable collection service credits associated with cart size, service level, backyard service, and qualifying discount programs; and
WHEREAS, Allied has additionally agreed to provide one-week credits to eligible multi-family and commercial customers estimated at $20,280 and $82,811, respectively, based upon the collection service component of the customer’s monthly service rates for the applicable disruption period; and
WHEREAS, Allied has further agreed to reimburse the City in the amount of $35,000 for City staff, administrative, consulting, legal, and related costs incurred by the City associated with responding to and managing the July 2025 service disruptions; and WHEREAS, the proposed Side Letter establishes implementation timelines for customer credits and reimbursement payments; and
WHEREAS, the City Council finds that approval of the proposed Side Letter is in the best interest of the City and its ratepayers by providing customer compensation, reimbursement of City costs, and a negotiated resolution of claims associated with the 185 of 331
Resolution No. 2026-XXX
Side Letter for July 2025 Collection Service Disruption

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July 2025 service disruptions; and
WHEREAS, the City Council further finds that the negotiated settlement avoids the uncertainty, expense, and administrative burden associated with potential dispute resolution proceedings related to the July 2025 service disruptions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the Side Letter between the City of Union City and Allied Waste Services of North America, LLC regarding the July 2025 collection service disruptions, attached hereto as Exhibit 1.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute, in a form approved by the City Attorney, the Side Letter and to approve minor non-substantive revisions consistent with the intent of this Resolution.

BE IT FURTHER RESOLVED that the City Council acknowledges that the customer service credits and reimbursement amounts identified in the Side Letter constitute a negotiated settlement and resolution of claims associated with the July 2025 collection service disruptions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on June 9, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
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Resolution No. 2026-XXX
Side Letter for July 2025 Collection Service Disruption

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Resolution No. 2026-XXX
Side Letter for July 2025 Collection Service Disruption

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Attachments:

1. Exhibit 1 – Side Letter
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SIDE LETTER AGREEMENT
REGARDING JULY 2025 SERVICE DISRUPTION CUSTOMER CREDITS AND

SETTLEMENT
Date: On or after June 9, 2026
The Parties:

City of Union City
Allied Waste Services of North America, LLC
Subject:

Side Letter Agreement to the Amended and Restated Franchise Agreement Regarding July 2025 Collection Service Disruptions

CONTENT
This Side Letter Agreement (“Agreement”) to the Amended and Restated Franchise Agreement between the City of Union City (“City”) and Allied Waste Services of North America, LLC (“Republic” or “Allied”) dated July 1, 2025 (“Franchise Agreement”), is entered into as of June 9, 2026 (“Effective Date”), to memorialize the agreement reached regarding collection service disruptions occurring between July 8, 2025 and July 18, 2025 (“Dispute Period”).

RECITALS

1. Republic provides solid waste, recycling, and organics collection services within the City pursuant to the Franchise Agreement.

2. During the Dispute Period, some of Republic’s employees providing collection services in the City elected not to report to work and/or not to cross picket lines established by employees of an affiliate of Republic.

3. In recognition of the annoyance and inconvenience caused by the delay in collection services for customers in the City in July 2025, Republic has offered to provide credits to its customers in the City pursuant to this Agreement.

1. The City and Republic desire to resolve matters associated with the Dispute Period, including customer service credits, reimbursement of City costs, and related claims arising from the service disruptions.
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AGREEMENT AND RELEASE
NOW, THEREFORE, the City and Republic agree as follows:

1. Residential Customer Credits
For all residential customers in the City, Allied will credit each of these customers for the collection services portion of their bills (which is a separate service component from the processing and disposal of solid waste, recyclables, and organics—and which later service component was provided to all residential customers even though the collection of these materials was delayed) in the amounts detailed in Exhibit A, Table 1.

The estimated total credit for residential customers for base scheduled service is $110,815 as calculated in Exhibit A. Where applicable, the credits provided to an individual customer will include additional cans and backyard service credit consistent with the adjustment schedule provided in Exhibit A. Customers who deducted the anticipated credit will be credited for any late fees assessed by Allied.

Allied will commence processing residential customer credits starting with Allied’s billing cycle on June 28, 2026 and continue until all residential customers who were subscribing to Allied’s services during the month of July 2025 have received the agreed-upon credits. All credits will be provided to residential customers no later than August 31,2026.

2. Commercial and Multi-Family Customer Credits
Allied will credit each commercial and multi-family customer in the City for the disruption of collection services based on the formula and calculations described in the attached Exhibit B and will include credits for each type of service. The estimated total credit for commercial customers is $82,811. The estimated total credit for multi-family customers is $20,280. These estimates include both the monthly service rates and the push-pull and lock-unlock service rates. Allied will credit customers based on the portion of the scheduled service in effect from July 8-July 18, 2025.

To implement this credit process, Allied agrees to calculate the credits and make all appropriate adjustments within 60 days of execution of this Agreement. These credits will be approximately 13.5% of the monthly bill and will exclude disposal and related processing fees. Commercial and multi-family customers who deducted the anticipated credit will also be credited for any late fees assessed by 190 of 331
Allied. Roll-off customers in the City are billed per haul and, therefore, were not charged for services not rendered during the strike period. Roll-off customers whose total cost for non-hazardous solid waste disposal for July 2025 did not exceed their average monthly bill amount will not be eligible for reimbursement.

3. Reimbursement of City Costs
Republic shall reimburse the City in the amount of Thirty-Five Thousand Dollars ($35,000) for City costs associated with responding to the July 2025 service disruptions, including staff, administrative, consulting, and legal costs.

Payment shall be made through the monthly franchise reconciliation process following execution of this Agreement.

4. Resolution of Claims
The City agrees to release and discharge Allied and its affiliates from any claims arising from or related to the collection service disruptions that occurred in the City during the Dispute Period of July 8 through July 18, 2025, including but not limited to any claims for liquidated damages, other fees, or breach of the Franchise Agreement, arising from or related to the July 2025 service disruptions during the Dispute Period.

The City and Allied acknowledge that this Agreement represents a settlement and release of all claims related to the July 2025 service disruptions and the abovedescribed credits allowed on Allied’s billings and agree that the parties’ performance under this Agreement is not to constitute or be interpreted as an admission of any liability or wrongdoing whatsoever by any party to this Agreement.

5. Entire Agreement
This Agreement, including the recitals, constitutes the entire agreement and understanding of the City and Allied and supersedes all prior negotiations and/or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Each Party acknowledges that in entering into this Agreement, it has not relied on any promise, representation, or warranty not contained in this Agreement. 191 of 331
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EACH OF THE PARTIES CERTIFIES THAT IT HAS READ THIS AGREEMENT AND

FULLY UNDERSTANDS AND AGREES TO EACH OF THE ABOVE TERMS, CONDITIONS, AND PROVISIONS. EACH SIGNATORY TO THIS AGREEMENT

REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED TO EXECUTE

THIS AGREEMENT ON BEHALF OF THE PARTY FOR WHICH HE OR SHE EXECUTED THE AGREEMENT.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below.

ALLIED WASTE SERVICES OF NORTH AMERICA, LLC
Date:

Yasser Brenes
Area President

CITY OF UNION CITY
Date:

Joan Malloy
City Manager
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Exhibit A
Residential Calculations
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Exhibit B
Commercial Calculations
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City Council Staff Report Page 1 of 3 June 9, 2026
Staff Report
Agenda Item No. 5.1
DATE: June 9, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Public Hearing Regarding Weed Abatement Program and Ordering Abatement

EXECUTIVE SUMMARY
The City of Union City and Alameda County Fire Department (ACFD) Fire Prevention staff conduct weed abatement as a fire prevention measure. Vacant properties with the potential for extensive weed growth are included in the program. Owners of these properties have the option to either complete the abatement work themselves or have it completed by a City contractor through this program. If objections are received prior to or during the public hearing, the City Council should consider them and then allow or overrule them by motion. Staff recommends that the City Council, by motion, act upon any objections by property owners to the 2026 Weed Abatement Program and instruct the Economic and Community Development Director to abate the public nuisances.

STRATEGIC PLAN ALIGNMENT
Although this item is not aligned with a specific strategic plan goal, this action will initiate the process of removing weeds and debris from vacant properties to protect health and safety.

BACKGROUND
The City of Union City conducts a yearly Weed Abatement Program to abate weeds on vacant properties that property owners do not maintain to the satisfaction of the Alameda County Fire Department (ACFD) Fire Prevention staff. The program is authorized by, and conducted pursuant to, Government Code Sections 39560, et seq. The abatement work typically consists of tractor mowing, supplemented with manual labor to clear weeds abutting fences and to remove debris to facilitate tractor work. Property owners may arrange their own weed and debris removal. All properties on which the City performs abatement work would be assessed the full cost of that work, including administrative costs, which are 20 percent of the cost of the weed abatement services.

At the May 12, 2026, City Council meeting, the City Council initiated the 2026 Weed Abatement Program by declaring that weeds growing on specified properties are 199 of 331
Agenda Item No. 5.1
City Council Staff Report Page 2 of 3 June 9, 2026
seasonal and recurrent nuisances; and rubbish, refuse and dirt upon parkways, sidewalks or private property in the City of Union City are public nuisances. At that meeting, the City Council also set June 9, 2026, as the date for a public hearing to hear any objections from property owners. Property owners were sent public hearing notices after the City Council initiated the 2026 Weed Abatement Program.

DISCUSSION
ACFD staff identified 36 vacant parcels with regular seasonal weed growth that could pose a fire hazard if not properly maintained. These parcels are located throughout the City and are listed on Exhibit "A" (Attachment 1). A map (Attachment 2) is also attached, showing the location of these properties.

Property owners who choose to perform weed and debris removal themselves must complete the work by June 15, 2026. After this date, ACFD staff will perform an inspection to determine if the nuisance conditions have been abated. Please note that since ACFD staff completed their initial inspection (which was used to create the attached list), property owners may have abated weeds on their properties. If this is the case, property owners are not required to attend the public hearing to inform the City that they have abated the weeds. Any abatement work performed by the property owner either before the public hearing or by the June 15 deadline will be confirmed by ACFD staff during their inspection. It is anticipated that the City's contractor will complete the work by the end of June.

At the time of writing this staff report, no written objections to abating weeds on the identified parcels have been received. If objections are received prior to or during the public hearing, the City Council should consider them and, by motion, allow or overrule them. The City Council may then instruct the Economic and Community Development Director to abate the public nuisance on the parcels remaining in the program.

FISCAL IMPACT
The City will utilize funds in the Economic and Community Development budget to perform the abatement work. The property owner will be fully responsible for their proportionate share of the weed abatement costs, plus a 20% administrative fee. Property owners are only charged if the City’s contractor removes the weeds. Cost recovery is provided through a property tax lien, which the Alameda County Assessor’s Office collects.

RECOMMENDATION
Staff recommends that the City Council, by motion, act upon any objections by property owners to the 2026 Weed Abatement Program and instruct the Economic and Community Development Director to abate the public nuisances.
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Agenda Item No. 5.1
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Prepared by: Juliet Vaughn, Associate Legal Counsel
Submitted by: Carmela Campbell, Economic and Community Development Director Attachments

1. Attachment 1 - Exhibit A - List of Weed Abatement Properties

2. Attachment 2 - Map Showing Location of Weed Abatement Properties 201 of 331
Exhibit A
List of Properties

APN PROPERTY ADDRESS
1 486-45-24 12th St / H St.
2 486-33-58-1 33715 11th St.
3 486-33-58-2 33715 11th St.
4 486-33-47 33611 10th St.
5 486-30-30--2 11th St./I St.
6 486-27-138 33941 9th Street
7 486-3-23-2 33319 2nd Street
8 87-40-1507 Mission Blvd. / May Rd.
9 87-32-44 201 Appian Way
10 87-32-43 209 Appian Way
11 87-32-42 217 Appian Way
12 87-32-41 225 Appian Way
13 87-32-40 257 Riviera Dr.
14 507-124-12-2 Gregory Ave.
15 87-34-002-08 Florence St.
16 87 -96-017-00 467 Riviera Dr.
17 087-0032-171-00 Mission Blvd .
18 087-0033-043-00 34550 Mission Blvd.
19 475-100-22-4 33500 Western Blvd.
20 475-70-11 Central Ave. / Atlantic St.
21 475-158-7 32351 Alvarado-Niles Rd.
22 483-0010-022-03 3995 Smith St.
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Exhibit A
List of Properties
23 483-0010-021-01 3969 Smith St.
24 483-0010-020-00 3955 Smith St.
25 483-0010-019-01 30971 Vallejo St.
26 483-0010-018-00 Vallejo St.
27 483-0010-023-00 30935 Vallejo St.
28 483-0010-012-01 30793 Vallejo St.
29 483-0010-025-00 30968 Union City Blvd,
30 483-0005-007-09 Union City Blvd.
31 463-0045-058 29555 Kohoutek Way
32 507-0001-075-00 323 King Ave.
33 507-0001-059-02 King Ave.
34 087-0011-023-00 Gregory Ave
35 087-0101-087-00 Mission Blvd.
36 486-0036-034-04 33409 11th St.
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ITEM 5.1

PUBLIC HEARING REGARDING WEED

ABATEMENT PROGRAM AND ORDERING

ABATEMENT
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2 Background
• The City of Union City and Alameda County Fire Department (ACFD) Fire Prevention staff conduct weed abatement annually as a fire prevention measure • Vacant properties with the potential for extensive weed growth are included in the program
• Property owners can complete the abatement work themselves • All properties that are abated would be assessed the full cost of that work including administrative costs
• Process pursuant to Government Code Sections 39560, et seq. 206 of 331
3 Background
• May 12, 2026: The City Council adopted a resolution initiating the 2026 Weed Abatement Program by declaring conditions of certain properties as public nuisances and set the hearing date to consider objections
• Identified properties provided notice by mail at least five (5) days prior to the hearing and City Council should consider any objections and allow or overrule them by motion 207 of 331
4 Background
• Staff will proceed with abating properties where owners have not completed the work • Following abatement, a future public hearing will be scheduled for the City Council to approve placing a lien for the cost of abatement of each property. 208 of 331
5 Recommendation
Staff recommends that the City Council hold a public hearing, consider any objections, and by motion approve the report, by motion, order abatement of the public nuisances identified in the report
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Staff Report
Agenda Item No. 6.1
DATE: June 9, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Joan Malloy, City Manager
SUBJECT: Introduction of Ordinance of the City Council of the City of Union City Approving and Re-adopting a Military Equipment Use Policy Stated in Chapter 2.62 "Military Equipment Use Policy" of the Union City Municipal Code; and Review of 2025 Annual Military Equipment Report in Compliance with Assembly Bill 481

EXECUTIVE SUMMARY
Staff recommends that the City Council:
1) Waive full reading and introduce by title only an Ordinance approving and re-adopting a Military Equipment Use Policy as stated in Chapter 2.62 "Military Equipment Use Policy" of the Union City Municipal Code, and
2) Review and approve the 2025 Annual Military Equipment report, in compliance with Assembly Bill 481. Assembly Bill 481 (AB 481) requires the City of Union City Police Department (UCPD) to submit to the City Council an annual military equipment report for each type of military equipment approved within one year of approval and annually thereafter, and based upon the annual report, obtain City Council approval to renew the military equipment use policy via adoption of an ordinance; and 3) Review and approve the purchase and acquisition of new rifles (military equipment) for our SWAT team.

The City Council originally adopted an ordinance approving a Military Equipment Use Policy identified as UCPD Policy 709 on June 14, 2022, and most recently approved and reaffirmed UCPD's policy on June 10, 2025. AB 481 requires that UCPD submit an annual military equipment report to the City Council 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.

STRATEGIC PLAN ALIGNMENT
Strategic Plan Alignment: Goal C: Economic, Community Development and Public Safety Strategy 13: Align public safety services with community needs 210 of 331
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BACKGROUND
Effective January 1, 2022, AB 481 codified at Government Code (GC) section 7070, et seq., requires that UCPD obtain City Council approval of a military equipment use policy via adoption of an ordinance before purchasing, raising funds for, acquiring, or using "military equipment" as defined in Government Code §7070(c).

Under AB 481, the City Council may approve the policy only if it makes specific findings regarding the equipment, including safeguards, cost-effectiveness, reasonableness of use, and fiscal impact. In 2022, 2023, 2024, and 2025, the City Council unanimously approved the Department’s policy (identified as UCPD Policy 709), finding it meets the requirements under AB 481, and introduced an ordinance adding Chapter 2.62, “Military Equipment Use Policy,” to the Union City Municipal Code. The City Council subsequently adopted this ordinance. The Policy establishes procedures associated with the continued and future use of military equipment by the Union City Police Department.

Additionally, under AB 481, the City Council must review the ordinance it has adopted that approves the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting. During the review process, the City Council must determine, based on the military equipment report submitted under § 7072, whether each type of military equipment in the report has complied with the standards for approval set forth in §7071(d)(1) and §7071(e)(2). If it determines that a type of equipment identified in the report has not complied with the standards for approval, the City Council must either disapprove the ordinance renewal or require modifications to the military equipment use policy to address the lack of compliance.

DISCUSSION
Annual Report
A law enforcement agency that has a military equipment use policy shall submit to the City Council an annual military equipment report for each type of military equipment approved over the past year, and annually thereafter for as long as the military equipment remains available for use. The law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. This annual report must include the following information:
• A summary of any complaints or concerns received regarding the military equipment.
• The results of any internal audits or information about violations of the military equipment use policy. This includes any actions taken in response. • 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.
• The quantity possessed for each type of military equipment. • If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. 211 of 331
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• A summary of how the military equipment was used and the purpose of its use.

Pursuant to AB 481, UCPD must also make its annual military equipment report available on its internet website for as long as the military equipment is available for use and within 30 days of submitting and publicly releasing an annual military equipment report, UCPD is required to hold at least one well-publicized and conveniently located community engagement meeting where 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. Outreach efforts to publicize the meeting include posting notices on the Department's website and social media platforms.

UCPD released its 2025 report on May 28, 2026. A community engagement meeting will be held concurrently with consideration of this ordinance at the regular City Council Meeting on June 9, 2026, at 7 p.m.

The attached 2025 Annual Use Report outlines UCPD's military equipment inventory and usage, community complaints over use of military equipment, and internal audits. An inventory was completed at the end of 2025, identifying all the Department's military equipment in preparation for fulfilling the obligations set by Assembly Bill 481. Equipment used by the Department during the preceding year is found to be consistent with current Policy. No complaints concerning the equipment were made to the Department.

Renewal of Military Equipment Use Policy
UCPD is required to resubmit the previously approved policy for re-approval consideration, as an agenda item during a regular City Council meeting. The previously approved policy is attached to this report. The City Council must determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the following:

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.

Prior military equipment use complied with the military equipment use policy in effect at the time, or, if prior uses did not comply with the accompanying policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

UCPD does not anticipate any significant change in the previously approved policy.

At this time, UCPD does intend to acquire new firearms for our SWAT team in compliance with the procedures set forth in the Government Code and the approved Military Equipment Use Policy.

New Carbines
The proposed 2026 UCPD equipment purchase includes B&T (Brugger & Thomet) Advanced Police Carbines for our SWAT Team Operators. These firearms would replace 212 of 331
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our current, and previously approved, Colt M4 Carbines. The currently owned Colt M4 Carbines will remain part of the Department’s inventory.

This transition aims to equip operators with a more compact, maneuverable, and missionappropriate firearm that better meets the demands of modern urban policing and highrisk tactical operations.

The B&T APC9 stands out as the most suitable choice for contemporary SWAT applications. Its integrated suppressor design, consistent reliability, and compact overall profile provide clear operational advantages, making it the superior option for teams prioritizing performance, controllability, and efficiency in close-quarters situations.

The SWAT team's primary rifle is the Colt M4 Carbine, originally acquired in the early 2000s. This rifle was fielded to meet a broad range of tactical needs at the time. However, evolving operational realities and an increased emphasis on close-quarters operations have highlighted several limitations related to weapon length, blast overpressure, size concerns, and sound signature. The UCPD SWAT team will continue to use this weapon platform for containment and in areas where we need to cover greater distances, such as during an open-field search.

The proposed replacement carbine, the B&T APC9 platform, is a modern 9×19mm firearm, engineered specifically for law enforcement and tactical units. The weapon’s compact size, reduced recoil, and refined ergonomics make it exceptionally well-suited for SWAT missions involving confined spaces, vehicle operations, and dynamic entries.

Its shorter overall length and lighter weight improve maneuverability in hallways, stairwells, and vehicles.

The B&T APC9 platform allows officers to tailor the weapon to individual body types and to accommodate armor, helmets, and other tactical equipment better than Colt rifles do.

The platform is compatible with B&T magazines as well as Glock-pattern magazines, providing flexibility and allowing magazine commonality with issued duty pistols. This commonality offers logistical efficiencies and may reduce training and sustainment costs over time.

Prior to making this recommendation, members of the SWAT team conducted hands-on testing and/or evaluation of the B&T APC9 and numerous other platforms, to include the HK MP5 and the SIG MPX. Each platform underwent at least 500 rounds to assess reliability and performance. Testing included move-and-shoot drills, accuracy evaluations, and the execution of close-quarters battle scenarios representative of realworld SWAT operations. Throughout the evaluation process, all firearm platforms performed reliably; however, SWAT team members consistently favored the B&T APC9 suppressed variant for its significantly reduced sound signature and additional usable rail space, which improved accessory placement and ergonomics during CQB operations.

Additionally, the B&T APC9 is relatively straightforward to disassemble and reassemble, largely due to its modular design. This ease of maintenance has allowed SWAT operators to build a solid working understanding of the platform.

A current list of California law enforcement agencies known to utilize the B&T APC9 213 of 331
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platform includes, but is not limited to, the Los Angeles County Sheriff's Department, Azusa Police Department, Anaheim Police Department, and the Stanislaus County Sheriff's Office. For example, official policy documentation confirms that the Anaheim Police Department deploys the B&T APC9 within its SWAT operations, with trained personnel authorized to use the platform for specialized law enforcement purposes.

Input and review from key stakeholders would support implementation of this transition.

This includes operational endorsement from the SWAT Commander; training and maintenance evaluation from the Training Officer and Armorer; procurement and budget analysis from administrative staff; and legal or risk management review, where applicable.

Each of these perspectives helps ensure the platform meets operational, fiscal, and liability considerations.

The estimated cost for the B&T APC9 SD is $3,153.00 per unit. Purchasing thirteen units would result in a total cost of approximately $40,989.00. Additional costs include Glock 33-round magazines, with twenty-six magazines estimated at $961.74.

All other military equipment items that need to be replenished are included in the policy and the attached inventory, both of which were previously approved by the City Council.

UCPD inventory and all costs associated with the use of this equipment are consistent with the Military Equipment inventory list, City policy, and the Department's budget, which also was approved by the City Council. It should be noted that these operating costs are reasonable estimates and are subject to changes by vendors and/or manufacturers due to availability, shipping, and general market increases.

In compliance with the Government Code, the Military Equipment Use Policy has remained on the Police Department’s transparency portal continuously since before City Council adoption in 2022, and the 2025 Annual Military Equipment Use report was released to the community via the Police Department’s transparency portal in May of 2026.

FISCAL IMPACT
Funds are available in the Fiscal Year 2025-2026 Police Firearms and Supplies Account [11021002-53201]. The total cost of the 13 rifles is approximately $41,000 when including tax and shipping. At this time, there is $68,427.46 available. The development and ongoing compliance with the provisions of AB 481 will be managed by existing staff and funded through the UCPD budget, as approved by the City Council.

RECOMMENDATION
Staff recommends the City Council:
1) Waive full reading and introduce by title only an Ordinance Approving and ReAdopting a Military Equipment Use Policy as Stated in Chapter 2.62 “Military Equipment Use Policy” of the Union City Municipal Code, and 2) Review and approve the 2025 Annual Military Equipment Report in compliance with Assembly Bill 481.
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3) Review and approve the purchase and acquisition of new SWAT rifles.

Prepared by: Brian Baumgartner, Captain
Submitted by: Jared Rinetti, Chief of Police
Attachments

1. Proposed Ordinance

2. Exhibit A - Military Equipment Policy

3. Military Equipment Inventory 2025

4. Military Equipment Annual Use Report

5. PowerPoint Presentation
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ORDINANCE NO. 2026-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING AND RE-ADOPTING A MILITARY EQUIPMENT USE
POLICY AS STATED IN CHAPTER 2.62 “MILITARY EQUIPMENT USE POLICY” 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 to 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(c); and
WHEREAS, 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 police 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(d); and
WHEREAS, on June 14, 2022, the City Council adopted Ordinance 899-22 approving and adopting a military equipment use policy identified as Union City Police Department Policy 709, 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 upon a finding of the specified determinations required under Government Code Section 7071(d); and
WHEREAS, Government Code section 7072 provides that 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; and WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
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WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. 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;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071(d) provides 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 following standards for approval:
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; and
WHEREAS, 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 above, 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; and WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to open meeting laws; and
WHEREAS, the Union City Police Department’s annual military equipment report and policy was posted on the department’s internet website on May 28, 2026, and no more than thirty (30) days prior to the well-publicized public meeting concerning the renewal of the military equipment on June 9, 2026 at the regular City Council meeting, at issue in compliance with Government Code Section 7072 (b); and 217 of 331
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WHEREAS, the Union City Police Department seeks renewal of Policy 709, presented to the City Council on June 9, 2026; 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 renewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Union City Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Union City Police Department Policy 709.

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 military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. 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.

3. The Union City Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

4. 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.

5. 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.

6. The Union City Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and renewed.

SECTION 3. 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.
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SECTION 4. 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 is certain that the ordinance will not have a significant effect on the environment.

SECTION 5. 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.

INTRODUCED by the City Council of Union City at a regular meeting held on June 9, 2026, and PASSED, APPROVED, AND ADOPTED at a regular meeting held on June 23, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:

THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney
Attachments:
1) Exhibit A - Military Equipment Policy 709
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UNION CITY POLICE DEPARTMENT
2025 MILITARY EQUIPMENT INVENTORY
Equipment Name: Lenco Bearcat G2 (Armored Rescue Vehicle - ARV) Legal/Procedural Rules Governing Use: California Government Codes §7071 - §7075 UCPD Policy: UCPD Policy #705 (Special Purpose Vehicle). The policy describes when it is authorized to use the ARV, and the 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 plans seat 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: Officers should be trained in the operation of the ARV prior to 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.

Course 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.
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Equipment Name: Mobile Command Vehicle (MCV)
Legal/Procedural Rules Governing Use: California Government Codes §7070(c)(14).

UCPD Policy: UCPD Policy #705 (Special Purpose Vehicle). The policy describes when it is authorized to use the MCV, and the guidelines pertaining to its operational readiness, maintenance, and storage.

Description: The MT-55 Freightliner is a command vehicle capable of providing transportation and storage of equipment. It was built on a forward control chassis and features two hand fabricated flat floor slide-outs which maximize interior workspace. The MCV is also equipped with the following: a vehicle leveling system, Intel-I-Touch vehicle automation touch screens, an emergency lighting and siren package, bright LED scene lighting, several extreme duty body storage compartments, a weatherproof exterior workstation with 32 inch display monitor, a front conference room with fixed center table, two workstations in the curbside slide out with dual monitors, magnetic surface dry erase white boards throughout, multiple interior work stations, an electronics rack with a multi-function printer and custom aluminum cabinetry for storage, 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 which protects all of the installed electrical components, two 55 inch QLED 4K Smart TV monitor in the rear room, an HDMI matrix switcher, multiple radios, and computers.

Quantity Owned: 1
Lifespan: Approximately 10-12 years, depending 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: The MCV is a dedicated recreational vehicle designed to respond to critical incidents, training events, community events, or any other incident/event where its use would be beneficial and prior approval has been obtained from a Lieutenant, Captain, or Police Chief. The MCV brings a number of resources to the scene including communication capabilities, radios, telephones, mobile command documents and supplies.

Training: Critical Response Unit (CRU) team members, command staff or their designees properly trained to operate the vehicle are authorized to respond to an incident or training site. Non-trained staff with a valid California “Class C” driver’s license can drive the vehicle to the incident or training site only if approved by a Lieutenant, Captain, or the Police Chief
Maintenance: The Union City Corp Yard will be servicing the MCV when it reaches 5000 miles.

Storage: The MCV is stored at the FALCK/CATT Team station located at 35000 Eastin Court in Union City, California.

Course Required by CA POST: N/A
Fiscal Impacts: The initial cost of the MCV was approximately $480,000.00. Other than fuel, the on-going costs associated with the MCV have not yet been established. 225 of 331
Equipment Name: ICOR Mini-Caliber (Robot)
Legal/Procedural Rules Governing Use: California Government Codes §7070(c)(14).

UCPD Policy: UCPD Policy #408 (Crisis Response Unit) and UCPD Policy # 414. These policies provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to 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, remote controlled robotic platform and designed for portability, expandability, and ease-of-use.

Quantity Owned: 1
Lifespan: Approximately 10-15 years.

Equipment Capabilities: The Robot is a tool that can be used in dangerous situations by helping officers clear treacherous areas without being present. Additionally, the Robot may allow officers to see into that area without being physically present and/or communicate with hostile subjects from a position of safety.

The Robot is equipped with a PTX (pan, tilt, zoom) camera, headlight, and infrared light.

Purpose/Authorized Use: The Robot may be used during 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 Training: All SWAT team members have been trained in the use of this device. Additionally, other members of our department are trained in 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 or serious bodily injury. In such instances, authorized use of the Robot will be established by the Incident Commander
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.

Course Required by CA POST: None.

Fiscal Impacts: The initial cost of all of the equipment associated with the robot was approximately $74,000.00. Anticipated ongoing yearly costs range between $0-$1000. 226 of 331
Equipment Name: Unmanned Aerial Systems (UAS)
Legal/Procedural Rules Governing Use: Federal Aviation Regulations (14 CFR Part 107) and California Government 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 pre-programmed 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, 1 x DJI ENTERPRISE PRO DUAL, 1 x DJI AIR 2, 2 x DJI MAVIC ENTERPRISE 2 ADVANCED, 2 x DJI MINI 2, and 1 x DJI AVATA.

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 workdays. 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.

Maintenance: The UAS program manager is responsible 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.

Course Required by CA POST: N/A
Fiscal Impacts: The estimated costs of the above-listed equipment were approximately $15,000.00. In 2025, the cost for upkeep, replacement parts, additional equipment, and training for UAS operators totaled approximately $10,000.

Equipment Name: COLT AR-15 (5.56/223mm) Automatic/Semi-Automatic Rifles and Ammunition. 227 of 331
Legal/Procedural Rules Governing Use: California Government Code §7070(c)(10), Government Code § 7286, Penal Code § 13514.1, and California Government 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: 12 x Fully-Automatic AR-15 Rifles, 51 x Semi-Automatic AR-15 Rifles, 18800 x 5.56/.223mm cartridges.

Lifespan: The lifespan of these weapons is subject to a myriad of 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 M4, 5.56/.223 fully automatic rifles. Patrol officers utilize COLT Model 6920, 5.56/.223 semi-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.

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.

Course 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: The above-listed COLT firearms had an initial cost of approximately $76,500.00. In 2025, the Firearms Program had an estimated cost of $20,000.00 for firearms related equipment/maintenance and ammunition.
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Equipment Name: Precision Rifles
Legal/Procedural Rules Governing Use: California Government Code §7070(c)(10), Government Code § 7286, Penal Code § 13514.1, and California Government Codes § 7071- § 7075.

UCPD Policy: The following policies govern the use of these weapons: 1) UCPD Policy #312 (Firearms).

Description: The Precision Rifle Team currently utilizes three different types of precision rifles:
1) Remington model 700 bolt action rifle chambered in .308, 2) Springfield model M1 bolt action rifle chambered in .30, and 3) JP Enterprises, AR-10 chambered in .308. UCPD Precision shooters use the Hornady Tactical Application Police .308, 168 grain A-MAX, #80965 cartridge.

Quantity Owned: 9 x Springfield model M1 bolt action rifles chambered in .308, 3 x Remington model 700 bolt action rifles chambered in .308, and 2 x JP Enterprises, AR-10 chambered in .308. 1640 x .308 cartridges.

Lifespan: The lifespan of these weapons is subject to a myriad of 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 operators should 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.

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 and cartridges are stored at UCPD.

Course 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: The initial cost of the above-listed rifles was approximately $8,000.00. In 2025, training costs for Precision Rifle Team members was approximately $2000.00.

The total cost of all .308 cartridges on-hand is approximately $500.00. The ongoing costs associated with cartridges is estimated to range between $0 and $4,000.00 each year. 229 of 331
Equipment Name: Less Lethal Launchers, Kinetic Energy Devices, and the FN-303 System Legal/Procedural Rules Governing Use: California Government 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 guidelines for the 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 utilizes five different 40 mm launchers: 1) Defense Technology single-shot launcher, 2) Defense Technology multi-launcher, 3) Penn Arms single shot launcher, 4) Defense Technology LMT model 1425, and 5) Defense Technology LMT model 1426. UCPD currently has one 37mm launcher: Penn Arms multi-launcher. The Defense Technology single shot 40mm launcher holds one round of munition at a time and has a pistol grip, forward grip, and a plastic stock. The Defense Technology LMT model 1425 40mm launcher holds one round of munition at a time, and has a pistol grip, forward grip, and a plastic expandable stock. The Defense Technology LMT model 1426 40mm launcher holds one round of munition at a time, and has a pistol grip, a forward grip, and a plastic folding stock.

The Defense Technology 40mm multi-launcher holds four rounds of munition at a time, which provides multi-shot capabilities, and has a pistol grip, a forward grip, and a plastic expandable stock. The Penn Arms single 40mm launcher holds one round of munition at a time and features a folding stock and collapsing vertical fore grip. The Penn Arms 37mm multi-launcher is capable of holding eight rounds of munition at a time and provides multi-shot capabilities.

UCPD utilizes the Remington model 870 shotgun for less-lethal “Super-Sock” munitions and chemical munitions. The Remington shotgun is 12 gauge with an 18” barrel and 2 ¾” chamber and is outfitted with an orange butt stock. The less-lethal Shotgun deploys less-lethal “Super-Sock” munitions Model 2581.

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 12-gauge shotguns chambered for 2.75" and 3" cartridges.

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 Quantity Owned: 40mm launchers: 1 x Defense Technology single-shot launcher, 1 x Defense Technology multi-launcher, 2 x Defense Technology LMT model 1425, 1 x Defense Technology LMT model 1426, and 1 x Penn Arms single-launcher. 28 x 40mm foam round. 12 x 37mm/40mm foam baton. 2 x Super Sock 40mm round. 11 x 40mm Stingballs. 1 x Penn Arms 37 mm multi-launcher. 38 x Remington model 870 12-gauge less-lethal “Super-Sock” shotguns, and 2500 CTS 12-gauge “Super-Sock” bean bag impact rounds. 2 x Remington model 870 12-gauge gas launchers. 2 x FN 303 less-lethal riot gun.

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.
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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, controldevice 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 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, controldevice weapons or tactics instructor.

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 Course 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: The initial 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.

Equipment Name: CS Chemical Munitions, Pepperball, and Smoke Canisters 231 of 331
Legal/Procedural Rules Governing Use: California Government 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.

Description: See below itemized list.

Quantity Owned: See below itemized list.

Lifespan: Varies from 3 – 8 years depending on use and storage.

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 instructors train 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.

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.

Course 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. 232 of 331

CHEMICAL

MUNITIONS
#
(approx.)
Purpose Burn Time Indv. Cost Total
Defense Technology
smoke grenade red
#1067 10 Crowd control; smoke 30-40 secs $35.21 $352.10 Defense Technology
saf-smoke grenade
#1063 6 Crowd control; smoke 30-40 secs $35.21 $211.26
Defense Technology
max coverage HC
smoke #1073 4 Crowd control; smoke 30-40 secs $61.80 $247.20 Defense Technology
max HC military smoke
#1083 10 Crowd control; smoke 30-40 secs $61.80 $618.00 Defense Technology
Flameless tri-chamber
CS #1032 10
Primarily for indoor
tactical situations to
detect and/or dislodge a
barricaded subject 20-25 secs $53.15 $531.50
Defense Technology
pocket tactical smoke
#1016 30
Smoke for signaling or
cover 20-30 secs $31.85 $955.50
Defense Technology
pocket tactical smoke
#1017 4
Smoke for signaling or
cover 20-30 secs $30.75 $123.00
Defense Technology
instantaneous blast CS
#1042 3 Crowd control; CS instantaneous $64.90 $194.70
Defense Technology
riot control CS #1082 28 Crowd control; CS instantaneous $33.70 $943.60 Defense Technology
spede-heat CS #1072 12 Crowd control; CS 20-40 secs $38.00 $456.00 Defense Technology
37mm liquid ferret
round #1162 4
Penetrating round loaded
w/ CS liquid chemical
agents to address
barricaded subjects instantaneous $15.08 $60.32
Defense Technology
ferret 40mm powder
#1292 1
Penetrating round loaded
w/ CS powder chemical
agents to address
barricaded subjects instantaneous $32.95 $32.95
Defense Technology
ferret 40mm liquid
#1262 10
Penetrating round loaded
w/ CS liquid chemical
agents to address
barricaded subjects instantaneous $32.35 $323.50
Defense Technology
han-ball grenade CS
#1092 30
Pyro; flameless; to address
barricaded subjects 20-30 secs $46.25 $1387.50
Defense Technology
37mm muzzle blast CS
#1142 10 Powder dispersion round instantaneous $25.60 $256.00 Defense Technology
12-gauge CS ferret
round #3092 7
Penetrating round loaded
w/ CS chemical agents to
address barricaded
subjects instantaneous $24.50 $171.50
Defense Technology
12-gauge CN ferret
round
#2320 5
Penetrating round loaded
w/ CN chemical agents to
address barricaded
subjects instantaneous $24.50 $122.50
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Defense Technology 12-
gauge CS ferret liquid
round #3012 7
Penetrating round loaded w/
CS liquid chemical agents to
address barricaded subjects instantaneous $24.50 $171.50 Defense Technology
triple chaser CS canister
#1026 11 Powder; indoor/outdoor instantaneous $49.20 $41.20 Pepperball Live 525
PAVA projectile used for
direct impact and area
saturation in interior spaces instantaneous
$250.00 / 90
count $1458.33
Pepperball Live X 80
PAVA projectile used for
direct impact, area
saturation and crowd control instantaneous
$369.99 / 90
count $328.88
Pepperball Inert 250
Non-PAVA projectile used
for direct impact instantaneous
$21.99 / 20
count $274.88
Combined Systems
baffled riot CS smoke
#5210B 2
Pyrotechnic smoke grenade
used for concealment or as a
signaling device instantaneous $47.30 $94.60
Combined Systems
baffled riot CS smoke
#5230B 20 Pyro, low flame, indoor instantaneous $49.75 $995.00 Combined Systems
liquid CS 40mm #4330 39
Liquid CS projectile
penetrates intermediate
barriers and delivers irritant
agents instantaneous $36.05 $1405.95
TOTAL COST: $12,003.94
Fiscal Impacts: This itemized list contains the combination of original purchases and additional on-going equipment purchases to correlate with the current inventory. Any increase is based on usage and/or expiration dates which could range between $1000-$5000. 234 of 331
Equipment Name: Noise and Flash Distraction Device
Legal/Procedural Rules Governing Use: California Government 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 candelas 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.

Quantity Owned: 33 x CTS 7290 flash bangs and 20 training charges.

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
Training: SWAT personnel must complete an 80-hour basic SWAT team course, as well as periodic perishable skills training.

Maintenance: The SWAT program manager is responsible for the general maintenance of this device.

Storage: These devices are stored at UCPD.

Equipment Name: Breaching Shotgun and Frangible Ammunition Legal/Procedural Rules Governing Use: California Government 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 235 of 331
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 model 870 12-gauge shotgun with a breaching stand-off tip as a breaching shotgun. The ammunition for this weapon is Royal Arms 12 Gauge, frangible ammunition.

Quantity Owned: 4 x breaching shotguns and 2400 x frangible ammunition.

Lifespan: The lifespan of these weapons is subject to a myriad of 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.

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.

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
Course Required by CA POST: None.

Fiscal Impacts: The initial cost of the breaching shotguns totaled approximately $1,400.00. The total cost of all frangible ammunition on-hand is approximately $10,000. 236 of 331
c a l i f o r n i a

POLICE DEPARTMENT
2025 ANNUAL MILITARY EQUIPMENT USE REPORT
The acquisition and use of military equipment in our community may impact the public’s safety and welfare. Our community has a right to know about funding, acquisition, or use of military equipment by UCPD, as well as a right to participate in the local government’s decision to fund, acquire, or use such equipment.

Our Military Equipment policy requires UCPD to publish an Annual Military Equipment Usage Report. Per Government Code § 7072, our annual report must include the following information:
▪ A summary of any complaints or concerns received concerning the military equipment. ▪ The results of any internal audits or information about violations of the military equipment use policy. This includes any actions taken in response. ▪ 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. ▪ The quantity possessed for each type of military equipment. ▪ If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. ▪ A summary of how the military equipment was used and the purpose of its use.

Complaints & Audits
All use of force incidents are reviewed by assigned supervisors and Watch Commanders. In addition, our Professional Standards Unit conducts quarterly use of force audits to ensure employees are performing their duties within the guidelines set by department policy and applicable law.

Reviews and audits provide opportunities to reflect on our actions, policies, procedures, legislation, and best practices within our industry. Audits may also highlight opportunities for future growth and assist in evaluating practices related to training and daily operations. During our quarterly audits, no violations were discovered, and officers were found to be operating in a manner which met or exceeded department and community expectations. As listed below in our 237 of 331

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use summary, UCPD did not receive any complaints or concerns related to the use of military equipment.

Inventory & Associated Costs
All items needing to be repaired or replenished are included in our policy and attached inventory which was previously approved by the City Council.

Our department inventory and all costs associated with the use of this equipment is believed to be consistent with the Military Equipment inventory list, policy, and department budget, previously approved by the City Council. These operating costs are good faith estimates which are subject to change made by vendors and/or manufacturers based on variables related to availability, shipping, and general market increases.

Currently, UCPD does intend to acquire additional types of military equipment, specifically new carbines for our SWAT team. The acquisition of these firearms will adhere to procedures set forth in the Government Code and our Military Equipment policy; this includes a public hearing and City Council approval prior to acquisition.
2026 Military Equipment Purchase Request
At this time, forecasted purchases for UCPD in 2026 only include items needed to maintain inventory for previously approved military equipment which need to be repaired or replenished after being used in either the field or training environments.

UCPD is also seeking Council approval for the purchase of new carbines for our SWAT team.

Public Hearing
UCPD considers the public’s welfare, safety, civil rights, and civil liberties. In a continued effort to achieve greater transparency, our department places high regard for meaningful public input related to the use of military equipment in our community.

Department policy requires UCPD to hold at least one well-publicized and conveniently located community engagement meeting where community members may discuss and ask questions regarding the annual military equipment report. Meetings must be held within thirty days of posting this report on our department website.

UCPD will provide this opportunity on June 9th, 2026 at 7 pm, during the city’s regularly scheduled City Council meeting. The meeting will take place in the City Council chambers and will include a presentation as well as opportunities to ask questions and/or discuss the report with members of City Council and the Police Department.
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Use Summary
UCPD used military equipment during 31 incidents in 2025. A significant percentage of these usages solely entailed UAS (drone) deployments. The determining factors that led up to the decision to use military equipment varied from situation to situation. In the following incidents, military equipment either: 1) provided UCPD with a distinct tactical advantage, 2) provided additional protection for UCPD personnel and/or citizens, 3) allowed UCPD personnel to utilize distance, 4) aided in searching large areas, or 5) aided in searching unsecured areas that may have otherwise placed UCPD employees in tactically compromised situations.

UCPD Case # 250110003
Summary of Incident: UCPD SWAT assisted Berkeley PD with a high-risk warrant service for an assault with a deadly weapon suspect, and suspect was taken into custody.

Military Equipment Utilized: ARV, MCV, SWAT rifles, UAS, and SWAT Robot. The SWAT rifles were deployed but were not fired.

Complaints related to this Deployment: None.