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HomeMy WebLinkAbout13-025 CC Resolution RESOLUTION NO. 13-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT AND DISTRIBUTION OF A REWARD FUND FOR PERSONS WHO FURNISH INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE PERSON OR PERSONS WHO CAUSED THE DEATH OF LARRY ROBINSON ON MARCH 22, 2013 THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS AND RESOLVES: Section 1. Pursuant to California Government Code Section 53069.5, the City Council hereby approves the establishment of a reward fund for the purpose of encouraging persons having information regarding the identity and whereabouts of any person or persons whose willful misconduct resulted in the death of Larry Robinson on March 22, 2013, to provide such information to the appropriate law enforcement authorities. The Council hereby sets the amount of the City's contribution to the fund to be twenty five thousand dollars ($25,000.00.) Section 2. The reward fund is hereby named the "Larry Robinson Murder Reward Fund" (hereinafter "the Fund"). The Fund shall be maintained in the Treasury of the City of Temecula by the Director of Finance. No money shall be paid out of such account without the approval of the City Council, and disbursement checks shall be processed through the City's established demand check procedures. Section 3. The public is invited to contribute to the Fund to increase its balance. Contributions can be made at the Director of Finance's office in City Hall. All contributions by the public for purposes of increasing the balance in the Fund that are received by the City of Temecula or made payable to the City of Temecula shall be deposited into the Fund account by the Director of Finance. Section 4. The City Manager or his designee shall publicize the existence of the Fund by notice to be posted in the City Hall and libraries within the City, published in a newspaper or newspapers circulated in the City, posted the City's website, and disseminated in any other manner as deemed appropriate by the City Manager. Section 5. Persons who desire to be eligible to receive all or a portion of the money in the Fund shall: (a) submit written, oral, physical, or other evidence regarding the circumstances surrounding the death of Larry Robinson, or the whereabouts of the person or persons responsible for the death of Larry Robinson, to the Riverside County Sheriff's Department, or to any other law enforcement agency; and Resos 13-25 1 (b) cooperate with the Riverside County Sheriff's Department and with any prosecuting attorneys during the investigation, trial preparation, and trial phases of the criminal justice process involving the person or persons suspected of causing the death of Larry Robinson. Section 6. Persons who satisfy the criteria of Section 5 shall be considered for receipt of all or part of the reward upon conviction of the persons charged in the death of Larry Robinson and upon approval of the distribution by the City Council. Section 7. Law enforcement personnel and any Federal, State, or City employee discovering the identity and whereabouts of the person or persons convicted of causing the death of Larry Robinson during the scope and course of his or her employment shall not be eligible to receive the reward. Any person charged with causing, or complicity in, the death of Larry Robinson, or aiding such persons in avoiding capture shall not be eligible to receive the reward. Section 8. If any person or persons are convicted of causing the death of Larry Robinson, the City Manager shall request the Sheriff's Department to obtain a certified copy of the entry of judgment in the case and to forward such document to the City. The City Manager shall also request the Sheriff's Department to prepare a report as to the names of persons providing information to the Sheriff's Department and any other law enforcement agency that led to the arrest and conviction of the persons causing the death of Larry Robinson. Such report shall set forth the relative importance of the information submitted by each person if there is more than one and shall include a recommended pro rata distribution of the reward to persons who submit information leading to the arrest and conviction. The report shall be reviewed and approved by the detective and prosecuting attorney handling the case. The City Manager shall request that such report be submitted to the City within thirty (30) days of the conviction. If more than one person is standing trial for causing the death of Larry Robinson, the report shall not be forwarded until the last person charged is either convicted or acquitted. Section 9. Upon receipt of the Report specified in Section 8 and any public comment, the City Council shall consider and approve the disbursement of the monies in the Fund. Section 10. Upon approval of disbursements from the Fund by the City Council, a check or checks for disbursement of the monies in the Fund account shall thereupon be drawn in accordance with the Council's decision and the disbursement instructions. All such checks shall be processed through the City's established demand check procedures. Upon disbursement of all monies in the Fund, the City Treasurer shall close the Fund account. a Section 11. If no person has been apprehended or charged with causing the death of Larry Robinson by March 22, 2018, all monies in the Fund shall be returned, with interest allocated to these contributions based on earning of City pooled investments, to the respective donors. Any undisbursed balance shall be deposited in Resos 13-25 2 the City's General Fund for law enforcement or public safety purposes designated by the City Council. If one or more persons have been so apprehended and charged but not yet convicted by such date, the Fund shall be retained until trial of the person or persons charged has been completed. If a conviction is not obtained, disbursements shall be made as provided above in this Section. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23� day of April, 2013. � 1 1��� �� �c-'� Michael S. Naggar, Mayor ATTEST: usan . Jones, MMC Ci k [S EAL] Resos 13-25 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13-25 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23� day of April, 2013, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Washington ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk Resos 13-25 4