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Item 5 - CONSIDERATION OF A RESOLUTION ESTABLISHING A REWARD FUND FOR THE GABRIELA DE HARO-PEREZ CASEAGENDA ITEM NO. 5 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: October 18, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING A REWARD FUND FOR THE GABRIELA DE HARO-PEREZ CASE RECOMMENDATION: It is recommended that the City Council adopt the following resolution authorizing the establishment of a reward fund to further support the investigation of the Gabriela De Haro-Perez case: RESOLUTION NO. 2022-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OFFERING A REWARD IN THE TOTAL AMOUNT OF UP TO FIFTY THOUSAND DOLLARS ($50,000) FOR THE INFORMATION LEADING TO THE DETERMINATION OF THE IDENTITY, APPREHENSION, AND CONVICTION OF THE PERSON OR PERSONS RESPONSIBLE FOR THE JANUARY 2, 2021 SHOOTING NEAR THE INTERSECTION OF AZUSA AVENUE AND AMAR ROAD THAT LEAD TO THE DEATH OF GABRIELA DE HARO-PEREZ BACKGROUND: On January 2, 2021, at approximately 10:16 p.m., West Covina Police Department received a call of a shooting in the area of Azusa Avenue and Amar Road. Gabriela De Haro-Perez and her husband were driving in the area when a shooting occurred and, as a result, Gabriela was struck by the shooter. Officers arrived and found Gabriela De Haro-Perez suffering from a gunshot wound. Ms. De Haro-Perez was transported to a local hospital where she eventually succumbed to her injuries. City Council has requested a reward be offered in the amount of up to $50,000 for information leading to the identity, apprehension, and conviction of those responsible for the crime. DISCUSSION: The attached resolution provides for a reward of up to $50,000 for information leading to the arrest and conviction of the person or persons responsible for this crime. The terms of the reward provide that: 1. The information given that leads to the determination of the identity, the apprehension, and conviction of any person or persons must be given to the West Covina Police Department no later than October 18, 2023; 2. All reward claims must be in writing and shall be received by the City Clerk no later than November 18, 2023; 3. The total City payments of any and all rewards shall in no event exceed $50,000 and no claim shall be paid prior to conviction unless the City Council makes a finding of impossibility of conviction due to the death or incapacity of the person or persons responsible for the crime or crimes; 4. The City's reward may be apportioned between various persons and/or paid for the conviction of various persons as the circumstances dictate; 5. Rewards shall only be paid to the person if the information is given voluntarily, at the person's own initiative; and 6. Rewards shall not be paid as part of any plea bargain. If anyone believes to have information which could lead to the conviction of the criminal(s) involved in this matter, you are asked to contact the West Covina Police Department's Detective Bureau at (626) 939-8500 and refer to Case Number 21-32. LEGAL REVIEW: The City Attorney's Office has reviewed the resolution and approved it as to form. Fiscal Impact FISCAL IMPACT: Monies for any possible payment of the reward will be paid from General Fund unassigned fund balance, account no. 110.31.3110.6571, Reward - Crimes. The exact amount awarded will be appropriated through a future budget amendment following the disbursement of funds. Attachments Attachment No. 1 - Resolution No. 2022-100 CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety ATTACHMENT NO. 1 RESOLUTION NO. 2022-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OFFERING A REWARD IN THE TOTAL AMOUNT OF UP TO FIFTY THOUSAND DOLLARS ($50,000) FOR THE INFORMATION LEADING TO THE DETERMINATION OF THE IDENTITY, APPREHENSION, AND CONVICTION OF THE PERSON OR PERSONS RESPONSIBLE FOR THE JANUARY 2, 2021 SHOOTING NEAR THE INTERSECTION OF AZUSA AVENUE AND AMAR ROAD THAT LEAD TO THE DEATH OF GABRIELA DE HARO-PEREZ WHEREAS, the City of West Covina ("City") may offer and pay rewards as authorized by Section 53069.5 of the Government Code of the State of California ("Section 53069.5"); and WHEREAS, Section 53069.5 authorizes the City to offer and pay a reward, the amount thereof to be determined by the City, for information leading to the determination of the identity of, and the apprehension of, any person whose willful misconduct results in injury or death to any person; and WHEREAS, on January 2, 2021 near the intersection of Azusa Avenue and Amar Road, a shooting took place resulting in the death of 29-year-old victim Gabriela De Haro- Perez, a West Covina resident; and WHEREAS, investigators with the West Covina Police Department have worked tirelessly to solve this unsolved crime; and WHEREAS, investigators believe that there may be witnesses with information to this crime who have not yet come forward; and WHEREAS, the offer of a reward is consistent with and is taken for the protection of public peace, health, and safety; and WHEREAS, the offense was of such a nature or committed under special circumstances that as a matter of public policy, the City should provide a reward as an added inducement or incentive for persons to come forward with information leading to the arrest of the perpetrator(s); and WHEREAS, the offense was especially heinous, atrocious, or cruel and manifested exceptional depravity; and WHEREAS, the City Council wishes to provide additional resources to further support the investigation into the shooting of Ms. De Haro-Perez by establishing a reward in the amount of $50,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. The City Council hereby approves and authorizes a reward in the total amount of $50,000.00 (the "Reward") for information leading to the determination of the identity of, and the apprehension of, any person responsible for the acts stated above. [�yX��[�PEc��iTl-ia7il�.iiiiT7:Z]�f.7'i��iF71�'7�3t.71G1�31 (a) The information given that leads to the determination of the identity, the apprehension, and conviction of any person or persons must be given no later than October 18, 2023 to the West Covina Police Department. (b) The total City payments of any and all rewards shall in no event exceed $50,000.00 and no claim shall be paid prior to conviction unless the West Covina City Council makes a finding of impossibility of conviction due to the death or incapacity of the person or persons responsible for the crime or crimes. The Reward may be apportioned between various persons and/or paid for the conviction of various persons as the circumstances dictate. Rewards shall only be paid to the person if the information is given voluntarily, at the person's own initiative. Rewards shall not be paid as part of any plea bargain. (c) Any claims for the Reward shall be filed in writing, no later than November 18, 2023, with the City Clerk of the City of West Covina, 1444 W. Garvey Avenue South, West Covina, California, Attention: Gabriela De Haro-Perez Reward Fund. SECTION 4. The offer of reward will be effective for a period of one (1) year from the adoption of this resolution unless further extended by the City Council. The offer of reward shall terminate by payment, by revocation or by withdrawal thereof by the City Council by resolution or minute action adopted by a majority of the City Council or by expiration of the time period set forth in this resolution. SECTION 5. All decisions with respect to the relevance or materiality of information received, whether or not utilized in establishing the determination of the identity of and the apprehension of, any one or more persons, and whether such information provides a basis for the payment of a reward, are within the sole discretion of the City Council. SECTION 6. All determinations affecting, or dispositive of, the offer of reward, shall be within the sole discretion of the City Council and shall be final. SECTION 7. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 18th day of October, 2022. let»C191TI411FIV 101V7 Al Thomas P. Duarte City Attorney Dario Castellanos Mayor /e11i1*31 Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2022-100 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 18th day of October, 2022, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk