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Home My WebLink About10/15/2013CITY COUNCIL Agenda # 6.4 Meeting Date: October 15, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: SECOND READING OF AN OR NANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR CITY CODE ESTABLISHING A REWARD FOR INFORMATION LEADING TO THE ARREST OR CONVICTION OF A PERSON DAMAGING PROPERTY AS A RESULT OF A RESIDENTIAL BURGLARY RECOMMENDATION: Approve for second reading by title only, waive full reading, adopt. FISCAL IMPACT: If approved, salary savings from the public safety budget will be utilized to fund the program during Fiscal Year 2013-14. In subsequent years, a dedicated budget line item will be proposed. Approximate annual program costs of up to $10,000 are expected. BACKGROUND: Diamond Bar is home to an engaged citizenry whose cooperation with the Sheriff's Department has resulted in a number of important recent arrests. To further encourage residents, business owners, and other members of the public to immediately report suspicious activity to the Sheriff's Department, a reward program is proposed. Specifically designed to fight local property crimes, the program would offer a modest reward of $500 (increased from the originally proposed $100 per City Council direction) to individuals that provide information leading to the arrest of residential or vehicle burglary suspects in Diamond Bar. Upon receipt of a tip from a witness that results in the arrest of a burglary suspect, the Sheriff's Department shall forward a Reward Recommendation Form to the Reward Committee for consideration. The Reward Committee, made up of the City Manager (or designee) and a sworn member of the City's public safety leadership team (Captain or Lieutenant), shall review the recommendation, validate that the information provided was responsible for the arrest of the suspect, and upon confirmation, disburse the reward. Reward recipients will remain anonymous to the greatest extent of the law to avoid discouraging future witnesses from providing tips. Staff recommends the Council establish the program by adopting the attached ordinance, which has been reviewedAd approved by the City Attorney. i, Assistant to the City Manager Ordinance XX -2013 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR CITY CODE ESTABLISHING A REWARD FOR INFORMATION LEADING TO THE ARREST OR CONVICTION OF A PERSON DAMAGING PROPERTY AS A RESULT OF A RESIDENTIAL BURGLARY WHEREAS, Pursuant to section 53069.5 of the Government Code, the City of Diamond Bar is authorized to offer and pay a reward for information leading to the identification and apprehension of any person who willfully damages or destroys any property; and WHEREAS, residential and vehicular burglaries are of significant concern and, in nearly all cases, such burglaries result in damage to real and personal property during the course of the burglary and damage, destruction and loss of personal property as a result of the burglary; and WHEREAS, the City Council and the Los Angeles County Sheriff's Department have determined that a rewards program is a valuable addition to local policing efforts and an effective method of engaging the public to assist in solving these crimes. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: SECTION 1: A new Chapter 9.02 entitled "Reward For Crime Information" commencing with section 9.02.010 is hereby added to Title 9 of the Diamond Bar City Code to read as follows: "CHAPTER 9.02 REWARD FOR CRIME INFORMATION" Sec. 9.02.010. - Reward for information. The City Council is authorized to offer and pay a reward for information leading to the identification and arrest of any person or persons who willfully damages or destroys any real or personal property. No City employee or employee of the Los Angeles County Sheriff's Department ("Sheriff's Department") shall be eligible for a monetary reward under this Chapter. Sec. 9.02.020. - Reward amount. A reward of up to $500 may be paid by the City, at its sole and complete discretion, to any person who provides information which leads to the determination of the identity and arrest of any persons who damages or destroys any real or personal property as a result of a residential or vehicular burglary or attempted residential or vehicular burglary. The City Council may, by resolution, adjust the amount of the monetary reward. Sec. 9.02.030. - Procedure. Upon finding that the receipt of information from an individual or individuals has led to the identification and arrest of a person or persons suspected of damaging or destroying real or personal property as a result of a residential or vehicular burglary or attempted residential or vehicular burglary committed within the City, the Sheriff's Department may recommend that a reward be disbursed. The recommendation shall be forwarded to the reward committee in writing and must include all pertinent information, including the specific date and location of the incident, description of damaged or destroyed property, case number, name of the person or persons suspected of the damaged or destroyed property, and the name, address, and telephone number of the witness or informant providing the relevant information. Sec. 9.02.040. - Reward Committee. The reward committee shall consist of the City Manager or designee and a sworn member of the Sheriff's Department. The reward committee shall consider and verify the Sheriff's Department's recommendation and ensure that the information provided was directly relevant to the identification and arrest of the suspects and that there was damage to real or personal property as a result of the residential or vehicular burglary or attempted residential or vehicular burglary. For purposes of determining damage to real or personal property, the loss of temporary or permanent use of real or personal property shall satisfy this requirement. Upon unanimous confirmation of the recommendation's validity, the reward committee may disburse the reward upon. The decision of the reward committee is final. 9.02.050. - Confidentiality. The City Council finds that releasing the name, address, telephone number, and any other pertinent information of which would lead to identifying a person receiving a reward would discourage persons from providing such information and would undermine the purpose of providing the reward and this Chapter. The City will endeavor to treat all such information as not being a public record with the recognition that public records are governed by State law, which the City is required to follow. SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 3: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 4: This Ordinance will become effective 30 days after its final passage Passed, Approved and Adopted this day of 2013. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2013 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk