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HomeMy WebLinkAbout02-086 CC ResolutionRESOLUTION NO. 02-86 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 ARE RESPONSIBLE FOR THE VANDALISM TO THE REEVES 9-11 MEMORIAL 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 who are responsible for the vandalism to the Reeves 9-11 Memorial located at Norm Reeves Super Group, 26845 Ynez Road, Temecula, California, on September 30, or October 1, 2002, 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 $2,500.00. Section 2. The reward fund is hereby named the "Reeves 9-11 Memorial 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. Records of the names and addresses of donors, the amounts contributed, and date such donations were received shall be maintained by the Director of Finance. Section 4. 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 vandalism to the Reeves 9-11 Memorial by January 15, 2003, to the Riverside County Sheriff's Department, or to any other law enforcement agency; and (b) cooperate with the Sheriff's department and with any prosecuting attorneys during the investigation, trial preparation and trial phases of the criminal justice process involving persons suspected of vandalizing the Reeves 9-11 Memorial.. Section 5. Persons who satisfy the criteria of Section 4 shall be considered for receipt of all or part of the reward upon conviction of the person charged in the vandalism of the Reeves 9-11 Memorial and upon approval of the distribution by the City Council. Section 6. Law enforcement personnel and any Federal, State or City of Temecula employee discovering the identity and whereabouts of the person or persons convicted of causing the vandalism of the Reeves 9-11 Memorial during the scope and course of his or her employment PJResos 2002/Resos 02-86 I shall not be eligible to receive the reward. Any person charged with causing, or complicity in, the vandalism of the Reeves 9-11 Memorial shall not be eligible to receive the reward. Section 7. If any person or persons are convicted of causing the vandalism of the Reeves 9- 11 Memorial, 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 vandalism of the Reeves 9-11 Memorial. 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 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 vandalism of the Reeves 9-11 Memorial, the report shall not be forwarded until the last person charged is either convicted or acquitted. Section 8. Upon receipt of the Report specified in Section 7 and any public comment, the City Council shall consider and approve or disapprove the disbursement of the monies in the Fund. Section 9. 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. Section 10. If no person has been apprehended or charged with causing the vandalism of the Reeves 9-11 Memorial by October 1, 2003, all monies in the Fund shall be returned, with interest accrued thereon, to the respective donors. Any undisbursed balance shall be deposited to the City 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 October 1, 2003, 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. PASSED, APPROVED and ADOPTED, this 8t~ dayo~ Ron Roberts, Mayor ATTEST: ~'...[SEAL] R:/Resos 2002/Resos 02-86 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 02-86 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of October, 2002, by the following roll call vote: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: 4 NOES: 1 ABSENT: 0 ABSTAIN: 0 Comerchero, Naggar, Stone, Roberts Pratt None None j~-~ ~~ones,~"'~CMC ...~ City Clerk R:/Resos 2002/Resos 02-86 3