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
Ordinance No. 2026-XXX
Military Equipment Use Policy
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 Ordinance No. 2026-XXX
Military Equipment Use Policy
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.
Ordinance No. 2026-XXX
Military Equipment Use Policy
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