RESOLUTION NO. R20XX-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, APPROVING AND ADOPTING THE MILITARY EQUIPMENT USE POLICY OF THE MANTECA POLICE DEPARTMENT PURSUANT TO SECTION 7071 OF THE GOVERNMENT CODE WHEREAS, the Manteca Police Department (“the Department”) uses military equipment as necessary tools to maintain officer and civilian safety; and WHEREAS, pursuant to Section 7070 et seq. of the Government Code, the Department must annually present its Military Equipment Use Policy for approval to the City Council of the City of Manteca to continue its use of existing or new military equipment, request military equipment pursuant to Section 2576a of Title 10 of the United States Code, seek funds for additional military equipment, acquire military equipment either temporarily or permanently, collaborate with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City Council, or solicit or respond to any proposals, or enter any agreements, for any funds to receive, acquire, use, or collaborate in the use of military equipment; and WHEREAS, the Department has submitted a proposed policy for City Council approval as required under Section 7071 of the Government Code, which demonstrates that the military equipment the Department uses is necessary because there is no reasonable alternative to achieve the same objective of officer and civilian safety, the policy safeguards the public’s welfare, safety, civil rights, and civil liberties, and the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council at which the proposed policy was introduced and presented for approval and adoption, including any supporting reports by City Staff, and any information provided during said meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Manteca, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish a factual basis for the City Council’s adoption of this Resolution.
The City Council approves and adopts the Manteca Police Department’s Military Equipment Use Policy as proposed and makes the following findings:
The military equipment in use by the Manteca Police Department is necessary as there are no reasonable alternatives that can achieve the same objective of officer and civilian safety; The proposed military equipment use policy safeguards the public’s welfare, safety, civil rights, and civil liberties; and The military equipment in use is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
The proposed Military Equipment Use Policy is hereby incorporated into the City’s Military Equipment Use Policy ordinance.
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 5th day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: ___________________________
BENJAMIN J. CANTU
Mayor
ATTEST: ___________________________
CASSANDRA CANDINI-TILTON
City Clerk
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