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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. Page 2 of 6 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. Page 3 of 6 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 Page 4 of 6 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. Page 5 of 6 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:, ii,)„! - City C -rk s/ Page 6 of 6