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HomeMy WebLinkAbout060492 CC Special Meeting MinutesMINUTES OF A SPECIAL MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 4, 1992 A special meeting of the Temecula City Council was called to order at 7:39 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Patricia H. Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Linderoans, Moore, Mu~oz, Parks, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. INVOCATION The invocation was given by President Jay Armstrong, of the Church of Jesus Christ of Latter Day Saints. PLEDGF OF ALLFGIANC!= The audience was led in the pledge of allegiance by Mayor Pro Tern Lindemans. Mayor Birdsall read into the record a letter from Congressmen Ron Packard and AI McCandless to Commissioner Gene McNary of the Immigration and Naturalization Service requesting information regarding the operation of border checkpoints on I-5 and I-15. COUNCIL BUSIN!=SS 1. Resolution of Condolences Mayor Birdsall requested that City Clerk June Greek read the text of a resolution of condolences aloud. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Moore to adopt a resolution entitled: RESOLUTION NO. 92-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXPRESSING SINCERE CONDOLENCES TO THE FAMILIES OF THE VICTIMS OF THE JUNE 2, 1992 TRAGEDY The City Clerk presented copies of the resolution to representatives of the Davis, Emelio and Murrillo families. Minutes\O6\O4\92 -1- 11/07/96 Citv Council Minutes June 4. 1992 2. Announcements Mayor Birdsall announced the City Council of the City of Canyon Lake had adopted a resolution of condolences at their meeting of June 3, 1992 and requested the City Clerk to read the text aloud. She also requested that the City Clerk read the specifics of funeral arrangements for the victims into the record. Mayor Birdsall read a news release into the record from the U.S. Department of Justice, Immigration and Naturalization Service which advised that a personal representative of Commissioner Gene McNary has been directed to investigate al aspects of the tragedy. Incident Reports Chief of Police Rick Sayre presented a staff report in which he requested that if witnesses had not spoken with his department they do so as quickly as possible. He advised the City Council that this matter is being treated as a homicide investigation and therefore he is unable to discuss any of the specifics at this time. In response to a question from Councilmember Mu~oz, Chief Sayre stated the investigation is expected to take at least three weeks. Mayor Pro Tem Lindemans questioned the health of the individuals who were injured in the Suburban vehicle. Chief Sayre reported that one of the passengers in that vehicle is in very critical condition and that the other eleven passengers are all in satisfactory condition. Councilmember Parks asked where the pursuit was initiated. Chief Sayre responded that the pursuit began with surveillance in San Diego by an illegal alien smuggling investigation unit. Division Chief Jim Wright of the Temecula Fire Services presented a report in which he commended the Murrieta Fire Department, the Goodhew Ambulance Service staff and the citizens of Temecula who responded to this tragedy for the exemplary manner in which they handled this most difficult situation. City Manager Dixon gave a brief report outlining the resolve of the City Council, staff and citizens to determine the reasons for this tragedy. He reported that the meeting he attempted to hold with the Border Patrol/INS and the Mayor and Mayor Pro Tern and City staff earlier in the day had not taken place and he read a statement into the record from Gustavo De La Vina, Chief Patrol Agent of the INS. Mr. Dixon also advised that a meeting scheduled on Friday, June 5, 1992, at 10:00 AM for the purpose of bringing together all public safety agencies that operate in the City of Temecula to discuss pursuit and surveillance policies, would not be attended by representatives of the INS. In summary the City Manager explained that the City will continue to seek ways to assure the safety and welfare of the people of Temecula and will work with all agencies to correct policies that do not fit into that mission. Minutes\O6\O4\92 -2- 11/07/96 City Council Minutes June 4. 1992 Mayor Pro Tern Linderoans asked legal counsel if the City has the right to order the INS to appear at the meeting scheduled for Friday, June 5th. City Attorney Scott Field replied that the City can not subpoena the INS to attend a meeting, but he advised he is pursuing an investigation into the City seeking a temporary restraining order and/or preliminary injunction to restrict high speed pursuit activity. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Mu~oz that the Immigration and Naturalization Service be ordered to attend a meeting on Friday, June 5, 1992 at 10:00 AM to be held at the Temecula City Hall for the purpose of meeting with all law enforcement agencies who have cause to operate in the City of Temecula. Failure to attend this meeting will result in the City holding the Immigration and Naturalization Service responsible for any death which might occur as the result of pursuits conducted in this City during the interim period of this meeting and such time as the Immigration and Naturalization Service does appear to meet and confer with the City for the purpose of reaching settlement on the matter of conduct of vehicular pursuits within the boundaries of the City of Temecula. It was suggested by Councilmember MuRoz that staff be directed to send a letter to the INS requesting their cooperation in investigation the pursuit policies of the Border Patrol. Councilmember Moore stated that she concurs with Councilmember Mu~oz and feels a letter requesting cooperation would be much more effective than issuing a demand of a federal agency. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Moore ABSENT: 0 COUNCILMEMBERS: None City Manager Dixon stated that a FAX will be sent first thing in the morning to the INS in Washington, DC, as well as one advising Congressmen McCandless and Packard of the Council's action. RFCESS Mayor Birdsall declared a recess at 8:25 PM. The meeting was reconvened at 8:45 PM with all members present. PUBLIC COMM!=NTS Mayor Birdsall invited public comments and requested that the speakers attempt to be brief to allow for the large number of speakers who wish to be heard. Minutes\O6\O4\92 -3- 11/07/96 City Council Minutes June 4. 1992 Debbie Turner, (no address given), stated she is the wife of a Border Patrol Agent and asked that the pursuit policies be attacked not the members of the agency who are charged with the responsibility for upholding those policies. Ray Cimo, 26370 Gothridge Lane, Homoland, addressed the matter of high speed pursuits and stated that he had been a victim of this type of pursuit. He stated the policy needs to be changed for the safety of the public. Dr. Juan A Rodriquez, 132 W. Broadway, San Diego, representing the National Chicano Legal Rights Commission spoke regarding the need for justice for all of the victims. He suggested that all of the citizens work together toward that aim. Carlos Pelayo, 244 E. Naples Street, Chula Vista, representing Partido Nacional La Raza Unida, spoke in general opposition to the policies of the INS. Joe Gomez, representing the families of Gloria and Jose Murillo, thanked the community for its generous outpouring of support and sympathy and stated that the family is anxious to see that any changes in safety policies be made to assure this tragedy not be repeated. Ella Esparza, publisher of the spanish language newspaper El Remate, thanked the community on behalf of the Murillo family, and asked that the City provide research that is obtained regarding the policies allowing pursuits by all law enforcement agencies as well as information on the history of deaths caused by INS pursuits over a five year period. Robert Henderson, P.O. Box 438, Murrieta, spoke in favor of ending all high speed chases of this sort. Bob Fitkin, 39700 Ridgedale Drive, Murrieta, spoke in favor of Neighborhood Watch becoming active in reporting any high speed pursuit activities in the area. Missy Wonacott, 30804 Calvado Court, spoke in opposition to high speed pursuits by the Border Patrol and to other surveillance practices of that agency. Todd Mason, 30931 Miraloma Drive, a friend of victim Todd Davis, stated the war against illegal aliens needs to be fought at the border, not on the streets of Temecula. Becky O'Toole, Kristin Roy, Andrea Ludall, and Jen Preisandanz announced that the students of Temecula Valley High will be holding a car wash on June 6th and 7th to raise money to assist the families of the accident victims. Joe Hreha, representing the City of Temecula, advised that the students of the high school have asked the City to assist in erecting a memorial at the site and he reported that over $2,000 has been pledged to construct a monument. Minutes\06\04\92 -4- 11/07/96 Citv Council Minutes June 4, 1992 R;CPSS Mayor Birdsall called a recess at 9:35 PM, the meeting was reconvened at 9:45 PM with all councilmembers present. Roberto Martinez, 1446 Front Street, Director of the AFSC, spoke regarding the need to change the policies of the Border Patrol and INS. Dawn Chemello, 40296 Tanager Circle, spoke in opposition to allowing any further pursuits on city streets. Dawn Beresovoy, 2401 Catalino Circle, Oceanside, spoke in opposition to placing the blame for this accident on all Border Patrol agents. Stoney Mitich, representing the Dimension Young Adult Dance Club, stated the dance club would like to offer any help they can to raise funds to benefit the families of the victims. Max O. Avalos, 3800 Devonshire Ave., Hemet, spoke regarding the need to correct INS policies. Sylvia Glazer, 40987 Morning Glory, Murrieta, stated she is active in circulating a policy, which currently has over 500 signatures of Temecula and Murrieta residents, to close the Immigration and Naturalization Service checkpoint station in Temecula. John Ruffner, 31268 Felicita Road, spoke in opposition to INS pursuit policies. R. Jane Vernon, 30268 Mersey Court, spoke in opposition to high speed border patrol pursuits being conducted in Temecula. Doris Tamez, spoke on behalf of the Border Patrol, and requested the community's support of this law enforcement agency. Ralph A. Canete, 45661 Piute Street, spoke in opposition to the action of the border patrol in this incident and recommended that the City look into taking action against the Border Patrolman driving the pursuit vehicle. Brian Wolfe, 38919 DeLuz Road, described an incident in which he was injured during a stop by the Border Patrol. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to extend the meeting to the hour of 11:00 PM. The motion was unanimously carried. Lecius P. Richardson, 30044 LaPrimavera, spoke in support of the Border Patrol and the positive role they have played in this community. Minutes\06\O4\92 -5- 11/07/96 Citv Council Minutes June 4. 1992 Sam Levine, 42367 Cosmic Drive, representing the Senior Golden Years of Temecula Valley, spoke in favor of conducting a complete investigation that gets to the root of the problem. John B. Rogers, 27935 Calle Visa Lejos, representing the Santa Rosa Community Services District, stated that the Board of Directors of that organization would like to offer their cooperation to adopt a policy which will match the City of Temecula's with regard to high speed pursuits being allowed. Jack Barber, 30552 Southern Cross Road, spoke regarding the hazardous incidents caused by Border Patrol actions on several occasions. Traci Vass, (no address given), spoke regarding the speed she observed the Border Patrol vehicle traveling during the incident. Ruble Richardson, 30041 LaPrimavera, spoke in favor of Border Patrol activities in the community and cited instances of community assistance provided by the Border Patrol. Allan R. McDonald, 43466 Manzano Drive, praised the efforts of the City's Police and Fire Department personnel during this tragedy and he recommended that the City take action to bring about changes in the INS policies. Robert Linderoth, 42036 Moraga Road, appealed for calm and a rational approach to finding solutions to the issues being faced. Maureen Whitehead, 40235 Benwood Court spoke regarding the need for speed controls to be installed on the City streets. She asked that stop signs and signals be installed as quickly as possible. Keith Whitehead, 40235 Benwood Court recommended that the deep root of the problem seems to be a policy matter that needs to be addressed with the Federal Government. Linda Cloughen, 41304 Bravos Court, spoke regarding the need for awareness by all residents of lights and sirens on emergency vehicles. AI Curiel, 31194 Comotilo Court, spoke regarding the problems of the INS policies and recommended the City Council retain the services of a "Blue Ribbon" committee to investigate this incident. Janice Duncan, 30890 White Rocks Circle, spoke in opposition to high speed pursuits being allowed to occur in the area of schools. She suggested that surveillance should be by helicopter of suspected illegal aliens. Cindy Cortez, 725 Clearwater Drive, spoke regarding the fear that students are experiencing and the need for counseling in the wake of this tragedy. Minutes\06\04\92 -6- 11/07/96 Citv Council Minutes June 4. 1992 Mark Johnson, representing the Citizen Action Committee for removal of U.S. Border Patrol from the City of Temecula, described the information contained in a packet given to the members of the City Council and requested help from the community in their efforts to have the Border Patrol Station closed in Temecula. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Muhoz to extend the meeting to the hour of 12 midnight. The motion was unanimously carried. Thomas J. Corcoran, III, 41840 Skywood Drive, requested that the focus be on the immediate problems. Therese McLeod, 28680 Pujol Street, spoke in favor of helping our neighbors in Mexico to solve the illegal immigration problem. Jean McLaughlin, 31494 Avenida Del Reposo, stated her concerns with the Border Patrol's disregard of the speed laws even when not engaged in pursuits, and with their policy of shining bright lights into the faces of oncoming drivers during the nighttime hours. Lora Breto, 42112 Paseo Del Sol, spoke in opposition to the use of high speed pursuits in the City of Temecula. Margery Fisher, (no address given) spoke regarding excessive use of authority by the Border Patrol. Councilmember Mu~oz suggested that the City Council explore the recommendation that the City seek a temporary restraining order or injunction to restrict pursuits by the INS and that the matter of use of helicopters be explored. He also suggested that the City Council look at all of the immigration problems that have been discussed with compassion. Mayor Pro Tem Lindemans requested that the City Council not leave the meeting without taking some action. Councilmember Moore asked that the City Council wait until after the meeting scheduled for June 5th, is completed before initiating any further action. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Lindemans "to direct staff to explore the possibility of immediately seeing a temporary injunction against the INS from pursuing illegal aliens within the community of Temecula; and that staff further look into the possibility of getting the cooperation of the other public safety agencies that operate in the City against having similar restraints until after we have had a thorough investigation of this mater the opportunity to see what policies we want to have and encourage these agencies to have within our community." The motion was unanimously carried. Minutes\O6\04\92 -7- 11/07/96 Citv Council Minutes June 4, 1992 CITY MANAC, lrR RFPORTS No further reports given. CITY ATTORN!~Y RFPORTS None given. CITY COUNCIl RFPORTS None. ADJOURNMFNT It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to adjourn at 12:02 AM to an executive session to be held Tuesday, June 9, 1992 at 5:30 PM at the Temecula Community Center, 28816 Pujol Street, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: [SEAL] City Clerk Minutes\O6\O4\92 -8- 11/07/96