HomeMy WebLinkAbout2014 01 15 CC MIN MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
JANUARY 15, 2014, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order by Mayor Lozano at 7:05 p.m.
INVOCATION
The invocation was provided by Pastor Jackson.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
The following Council Members were in attendance:
Council Member Susan Rubio
Mayor Pro Tem Ricardo Pacheco
Mayor Manuel Lozano
Absent:
Council Member Cruz Baca
Council Member Monica Garcia
ANNOUNCEMENTS
Mayor Lozano announced his deepest condolences at the passing of Council Member Cruz
Baca's mother and stated the meeting will be adjourned in her memory.
Mayor Lozano also announced the passing of former School Board Member and longtime
member of the community Bob Gair and former Headstart teacher Linda.
Mayor Lozano announced that former Baldwin Park resident Maria Contreras-Sweet has been
nominated by President Obama to the post of Secretary of the Small Business Administration.
Mayor Pro Tem Pacheco stated the Cruz family has a 100 year history in Baldwin Park and
have done so much for this community including helping to establish Morgan Park.
The Mayor announced, as required by Government Code section 54954.3, members of the City
Council are also members of the Board of Directors of the Housing Authority and Finance
Authority, which are concurrently convening with the City Council this evening and each Council
Member is paid an additional stipend of $30 for attending the Housing Authority meeting and
$50 for attending the Finance Authority meeting.
City Council Meeting Minutes 1/15/14
Mayor Lozano stated that he and Council Member Garcia met with the Police Chief and many
groups regarding the DUI checkpoints and he announced that the checkpoint moratorium will
continue until the item can be brought before the City Council in its entirety. Mayor Lozano
stated that Council Member Rubio also met with churches and businesses regarding this issue
and agreed they will continue meeting on a quarterly basis. The Mayor announced that fines
already paid cannot be retracted and the Marticula ID card will now be recognized as
identification in Baldwin Park.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Certificate of recognition to Herminio Escalante for receiving the CCPHA 2013 Guardian
of Health Award. Valinda Campos presented the CCPHA 2013 Guardian of Health
Award to Herminio Escalante. Mayor Pro Tern Pacheco congratulated Mr. Escalante
and stated he is a great man and works very hard for the community.
• Update presentation from MRP Mortgage Resolution Partners on Saving Homes, Saving
Cities, Solving the Mortgage Crisis Locally. Antonio Gonzales presented an update on
the CARES (Community Action to Restore Equity Stability) Program and requested that
the City Council consider a JPA partnership with Richmond, CA to help 600
homeowners from foreclosure.
Mayor Pro Tem Pacheco requested that the City Manager and City Attorney bring this
item to the next City Council meeting.
PUBLIC COMMUNICATIONS
Mayor Lozano declared Public Communications open.
Isidro Gonzalez, Immigrant Youth Coalition, stated the massive DUI checkpoint resulted in the
arrest of 32 people and Consular IDs were not accepted as identification at the checkpoints. He
said the police refused the Consular IDs but when the people were asked to pay their fines, it
was accepted at that time. He said we are here as a community so that we can all address this.
Nicolas Gomez, resident, stated that the checkpoints affect even those who are not residents.
He said he was arrested on the 28th and wasn't allowed to speak to his relatives or a lawyer. He
said the police department wasn't ready for this because there were too many people and they
couldn't handle it. He said he gave the officers his driver license number and they still kept him
here and they didn't allow him a phone call.
Public speaker stating he is a concerned member of the community and it's a sad day when the
local police become the local gestapo. He said his family didn't serve in Iraq and Afghanistan
so people can be rounded up here and taken to jail for not having papers.
Jessica Valenzuela, a student and 16 year resident, stated that she was not arrested but it
affected her community. She said it's the Mayor's responsibility to attend to the community and
the Council should continue having these meetings and keep communication open.
Alani Bonilla, graduate of Cal State Los Angeles, stated there is abuse of authority in this
community and the Council funds the police department so are, therefore, responsible for this
behavior. She said its abuse of authority and it's well known in this community.
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City Council Meeting Minutes 1/15/14
Cliff Smith, representing Local Roofers Union 36, stated they condemn the disgraceful actions
of the police department, and that the majority of people arrested were not for alcohol problems.
He said the moratorium offered is insufficient and that the police need to be disciplined and
extend a formal apology.
Juan Herrera stated his car broke down between Baldwin Park and El Monte and there was a
checkpoint and the police officer impounded his car. He said his complaint is about the
impound yard not the police department. He said there were items missing from his car when
he got it back.
Resident speaker said she was exiting the freeway and was taken in for no license. She said
she was searched and kept in jail for five (5) hours, fingerprinted like a criminal and her car was
impounded. She added that because there was only one woman working in the jail, they kept
her there longer.
Madeline De Rios, stated she was here to talk about the civil rights violation that occurred in
December. She said there were several violations of law by the Baldwin Park Police
Department.
Mr. Morales, resident of Baldwin Park for most of his life, stated he was arrested and the police
didn't accept his matricula card so he was taken into custody for three (3) to four (4) hours and
was not allowed to make phone calls.
Public Speaker said she would like to see the City be more flexible with the community, stating
they are here to work and are not criminals. She asked the police to please not take her truck
because her babies have respiratory problems, but they impounded the truck anyway and they
had to walk home in the cold.
Veronica Thomas an El Monte resident stated she is an activist and they warn people about the
checkpoints. She said signs at the checkpoint were not visible and that is against the law. She
asked Mayor Lozano if Royal Coaches paid contributions to his campaign and said they are
tired of the police stealing cars.
Public Speaker stated that justice is very good because it was established by the hand of God
and the City Council should listen to their community.
Public Speaker stated he was there representing his dad who is a very respectful man and
works hard and feels that it is not fair that people like his dad need to be scared, not only for not
being documented but also for not having a California ID. He said his dad wasn't charged but
still has to pay.
Public Speaker urged the Council to validate the consular ID, stating if his ID isn't good then
how is he going to identify himself.
Maria Cabrera stated it's scary to know that every day your mom might not get home because
she might get stopped at a checkpoint. She stated that if she doesn't get to work we won't have
money to eat or pay for the rent. She added it's not fair for her to have her car get taken away
and added it's not just her mom, it's everybody.
Cynthia Anderson Barker, Civil Rights Lawyer, stating the City can return this money they took
from the community, adding that some of you are receiving donations from the towing company.
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City Council Meeting Minutes 1/15/14
She said the City violated the law at this checkpoint and they have the power to return the
money.
Benjamin Wood resident of Montclair and a checkpoint activist stated that in 1992 they decided
it was a violation of the 4th amendment and the problem we have here is that the police have
too much power. This is a message not just to your City Council but to La Puente and other
cities.
Colleen Flynn, National Lawyers Guild, stated that what happened in December was an
egregious violation of the law and she does commend the Council for saying they are going to
stop these checkpoints. She said the City should reimburse the victims.
Humberto, resident of Baldwin Park for 18 years stated he was stopped by West Covina Police
and he asked where he was going. He stated he told them he was going home and they said
okay be safe. Then he was pulled over by Baldwin Park Police with his children in the car and
they started crying.
Lucina Ponce, stated she was coming from the market and got stopped at a checkpoint on
Arrow Highway and her car was impounded and she had to walk down Arrow Highway with her
groceries and she wasn't the only one. When she went to pick up her car she was told that it
was in Irwindale then in Pomona, so by the time she went to Pomona it was too late. She was
charged $400 for the impound, $500 for the citation and $100 for the paperwork.
Resident speaker stated that people are losing their homes and people should be protesting at
the banks. He said in California it's a privilege to drive a car and in this country we give
everybody privileges. He added if you take a trip to another country and break the law, you go
to jail.
Hugo Hzec, resident, thanked the City Council for the moratorium. He said it was shameful
what happened in December and it's clear that what you were doing is looking for
undocumented immigrants to pad the coffers. He said the moratorium should continue.
Alejandra Castillo, graduate of Sierra Vista High School, asked to not forget the humanity
behind the statistics and reminded everyone these are people not statistics.
Margaret Burnett, stated she has lived in Baldwin Park since 1948 and she wants to thank the
Police Department for the wonderful work they are doing. She said the law states you must
have a valid California license and have your car insured. She urged the City Council to let the
Police Department to continue having these checkpoints so that every automobile is insured
and have a driver license.
Thomas Carey, resident, stated that driver licenses are a privilege and if you don't have a
license you don't drive.
John Rios, resident, stated he thinks having a driver license and insurance is a beautiful thing.
He said if you drive in Mexicali without the proper documentation you get fined.
Jose Calderon, President Latino-Latina Roundtable, stated he commends the City on stopping
the vehicle impounds. He urged the Council to use their power to ensure that the police follow
the law. He said in this case, the law was broken because if a person is stopped at a
checkpoint they have the right to call someone to pick up their car. He said the City benefits
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City Council Meeting Minutes 1/15/14
from impounds because a lot of the cars that are impounded are never claimed so the City sells
them for a profit.
Jessica Parrio, resident of Baldwin Park since moving from her country, stated the law was
broken. She said the Trust Act enacted this year prohibits law enforcement from calling ICE on
undocumented immigrants.
Public speaker addressed the audience members who are calling us criminals, stated it's not
just about the checkpoint it's about civil rights being taken away. She encouraged the police
and those audience members to talk to the residents and try and relate to what we are going
through.
Melissa Ayala, Latino-Latina Roundtable, stated she is supporting her immigrant community and
believes that driving is a necessity. She doesn't agree with having checkpoints at nine (9) in the
morning. People have driver licenses from their countries but they can't get one here, but in
January 2015 people will have that opportunity.
Danielle, public speaker, stated that Maywood was the first City to get rid of its checkpoints.
She said the City was collecting $4.5 million a year from towed cars and the tow company was
giving perks to police officers.
Yessica with Immigrant Youth Coalition, stated the checkpoint was racial profiling the
community and if the City doesn't stop they will organize and make it stop.
Paul Cook stated he has worked on checkpoint cases and would fight to get cars back. He said
Mayor Lozano is known as the palabras man and benefits from campaign contributions from
Royal Coaches.
Cruz (NO LAST NAME GIVEN), stated he was driving on Main Street and a motorcycle officer
pulled him over for not wearing a seat belt. He told the officer that his car was old and he only
had the bottom seatbelt. He said the officer then told him his back light was out and gave him a
ticket. He added that officers should know that older cars only have a seatbelt on the bottom.
Alfredo Santiago, resident who went to school here and graduated, presented a petition with
four (4) demands including AB4, a moratorium on checkpoints, reimbursement of arrest and
impound fees and adoption of a resolution allowing the use of Matricula Consular cards as
identification in Baldwin Park.
Public speaker stated he is a lifelong resident since 1965 and hopes that we can find a quick
resolution to this.
Greg Tuttle, businessman, asked why he has to live legal and immigrants can come here and
break the law and expect special privileges. He said if you don't like your cars towed and
impounded then take the bus, train or bicycle.
Cecilia Cruz stated there is an officer who patrols on Pacific day and night because he has
stopped her twice. She said he should be patrolling Morgan Park where people are doing
drugs.
Public speaker thanked the few people that talked about the real reasons the checkpoints are
placed in the community and stated its hate against the community, hate of people of color. He
said these people come here peacefully to work.
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City Council Meeting Minutes 1/15/14
There being no additional speakers, the Mayor closed Public Communications at 9:15 p.m.
Mayor Lozano stated that he is committed to continue dialogue with the public and to attending
quarterly meetings. He emphasized that everyone should respect one another despite their
differences and requested that the moratorium item be agendized for the next City Council
meeting.
Mayor Pro Tern Pacheco thanked the public for coming out and listening to one another. He
stated the law passed in 1993 not allowing undocumented immigrants' driver licenses hurt a lot
of our families, is unfair and he sympathizes with everyone. He said in 2010, Baldwin Park had
issues with the checkpoints and the City revised the policy and we are one of the most
reasonable checkpoints. He asked the Police Department to hold off on checkpoints for the
next two (2) months until the item can be put on the agenda for discussion.
CONSENT CALENDAR (Items 1 and 2)
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands
2. TREASURER'S REPORT: OCTOBER 2013 & NOVEMBER 2013
Staff recommends that the City Council receive and file the October 2013 & November
2013 Treasurer's Report.
A motion was made by Lozano, seconded by Rubio, and carried (3— 0) to approve the consent
calendar.
AYES: Rubio, Pacheco, Lozano
NOES: None.
ABSENT: Baca, Garcia
ABSTAIN: None.
ADJOURNMENT
A motion was made by Lozano and seconded by Rubio to adjourn the City Council meeting at
9:32 p.m. to the Finance Authority and Housing Authority mee{in• d in memory of Council
Member Cruz Baca's mother; Bob Gair former School Board N'- ber .
d Linda (No Last Name
Provided) former Headstart teacher.
Mayor
ATTEST:,
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