City Council Staff Report Page 1 of 6 June 9, 2026
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 Agenda Item No. 6.1
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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.
Agenda Item No. 6.1
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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 Agenda Item No. 6.1
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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 Agenda Item No. 6.1
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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.
Agenda Item No. 6.1
City Council Staff Report Page 6 of 6 June 9, 2026
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