CITY COUNCIL OF MONTEREY PARK

AND THE CITY COUNCIL ACTING ON BEHALF OF THE SUCCESSOR AGENCY OF THE
FORMER REDEVELOPMENT AGENCY
AGENDA

SPECIAL MEETING
Monterey Park City Hall, Room 266
320 W. Newmark Avenue, Monterey Park, CA 91754

Wednesday
February 1, 2017
5:30 PM

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services
to enhance the quality of life for our entire community.

Documents related to an Agenda item are available to the public in the City Clerks Office
located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours
and the Citys website at www.montereypark.ca.gov.
PUBLIC COMMENTS ON AGENDA ITEMS
You may speak up to 5 minutes on Agenda item. You may combine up to 2 minutes of time with
another persons speaking. No person may speak more than a total of 10 minutes. The Mayor
and City Council may change the amount of time allowed for speakers.
Per the Americans with Disabilities Act, if you need special assistance to participate in this
meeting please call City Hall at (626) 307-1359 for reasonable accommodation at least 24 hours
before a meeting. Council Chambers are wheelchair accessible.
This Agenda includes items considered by the City Council acting on behalf of the Successor
Agency of the former Monterey Park Redevelopment Agency which dissolved February 1, 2012.
Successor Agency matters will include the notation of SA next to the Agenda Item Number.

CALL TO ORDER Mayor

ROLL CALL Peter Chan, Mitchell Ing, Stephen Lam, Hans Liang, Teresa Real
Sebastian

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

PUBLIC COMMUNICATIONS (Related to Items NOT on the Agenda). While all comments are
welcome, the Brown Act does not allow the City Council to take action on any item not on the
agenda. The Council may briefly respond to comments after Public Communications is closed.
Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction,
comment on Agenda Items at this time. If you provide public comment on a specific Agenda
item at this time, however, you cannot later provide comments at the time the Agenda Item is
considered.

ORAL AND WRITTEN COMMUNICATIONS

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Council Agenda/The City Council Acting On Behalf Of The Successor Agency Of The Former
Monterey Park Redevelopment Agency February 1, 2017- Page 2

OPEN SESSION

COUNCIL COMMUNICATIONS AND MAYOR/COUNCIL AND AGENCY MATTERS

1. CONSIDERATION AND POSSIBLE ACTION TO ADOPT A RESOLUTION

DECLARING THE CITY OF MONTEREY PARK TO BE A SANCTUARY CITY.
REQUESTED BY MAYOR PRO TEM TERESA REAL SEBASTIAN
It is recommended that the City Council consider:
(1) Adopting a Resolution declaring the City of Monterey Park to be a Sanctuary City
and directing that the City Manager and City Attorney take additional action not
later than July 4, 2017; and
(2) Take such additional, related, action that may be desirable.

CLOSED SESSION

2. CONFERENCE WITH LABOR NEGOTIATORS GOVERNMENT CODE 54957.6

City Negotiators: Ron Bow, Interim City Manager, Tom Cody, Human
Resources Director
Employee Organizations: Bargaining Units Monterey Park Police Officers Association
(MPPOA); Monterey Park Professional Chief Officers
Association (PCOA), POA/Captains Unit, Police Officer's
Mid-Management Association (POMMA.)

3. CONFERENCE LEGAL COUNSEL, EXISTING LITIGATION - GOVERNMENT CODE

SECTION 54956.9(d) - Number of Cases: 1
Ying Chen, et al. v. City of Monterey Park, et al.
LASC Case Number: BC556199 (filed August 24, 2014)

4. CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION (Pursuant to

Government Code 54956.9(d)) - Number of Cases: 1

5. CONFERENCE LEGAL COUNSEL, EXISTING LITIGATION -GOVERNMENT CODE

SECTION 54956.9 (d) - Number of Cases: 1
People ex rel. Mark D. Hensley, City Attorney v. Center International Investments, Inc.,
LASC Case No. BC605788 (December 31, 2015).

ADJOURN

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 City Council Staff Report

DATE: February 1, 2017

AGENDA ITEM NO:

TO: Honorable Mayor and Members of the City Council

FROM: Teresa Real Sebastian, Mayor Pro Tem

SUBJECT: Resolution declaring Monterey Park to be a Sanctuary City

RECOMMENDATION:

It is recommended that the City Council consider:

(1) Adopting a Resolution declaring the City of Monterey Park to be a Sanctuary

City and directing that the City Manager and City Attorney take additional action
not later than July 4, 2017; and

(2) Taking such additional, related, action that may be desirable.

BACKGROUND:

On January 25, 2017, the President issued an Executive Order entitled Enhancing
Public Safety in the Interior of the United States (the Order). The Order is states that it
is issued pursuant to authority under the Immigration and Nationality Act, 8 U.S.C.
1101, et seq. (the INA).

Beginning in the late 1970s and early 1980s, cities throughout the United States
declared themselves to be sanctuary cities in response to a flood of refugees escaping
civil conflicts in Central and South America. In California, the Los Angeles Police
Department adopted Special Order 40 (SO40) in 1979 that limited the role of local
police in enforcing the INA. In 1985, San Francisco declared itself a sanctuary city.
When it did so, San Francisco adopted local policies and regulations directing its local
law enforcement not to use public resources to cooperate with federal immigration
agencies except as required by applicable law. Now more than 80 cities and counties in
California are identified as being a sanctuary jurisdictions for immigrants.

The United States Supreme Court made it clear in 2012 that the federal government
has the absolute power to enforce immigration laws (Arizona v. United States (2012)
132 S.Ct. 2492). While state and local governments can cooperate with federal
enforcement efforts, such action is voluntary. Accordingly, state and local governments
can adopt local regulations limiting such cooperation (see, Sturgeon v. Bratton (2009)
174 Cal.App.4th 1407).

The Order, if valid, would unilaterally change the law. Practically speaking, the Order
purports to make compliance with the INA mandatory (effectively invalidating sanctuary
policies) and to punish sanctuary jurisdictions by withholding federal monies. While

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there is precedence allowing Congress to withhold federal funds under certain
circumstances (see, e.g., South Dakota v. Dole (1987) 483 U.S. 203 regarding the
minimum age limit for drinking alcohol) in accordance with its spending powers, the
President is not granted such power via the United States Constitution (see, Article II,
2) or the INA.

The Declaration of Independence states that

[w]e hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty and the pursuit of Happiness.

These words are applicable to everyone; they do not distinguish between immigrants or
persons born in the United States. Monterey Park has a diverse population; more than
half of its residents were born outside of the United States. In that way, the Citys
residents reflect the Nations proud immigrant past and best exemplifies the American
melting pot.

The 10th Amendment to the United States Constitution states that [t]he powers not
delegated to the United States by the Constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people. Where the federal government
overreaches its Constitutional powers, it is the City Councils duty to ensure that the
rights of all its residents are protected. The resolution, if adopted, would take one
important step in fulfilling that duty.

Respectfully submitted:

By:

Teresa Real Sebastian,

Mayor pro tem

Attachments:

Attachment 1: Executive Order dated January 25, 2017

Attachment 2: Draft Resolution

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 ATTACHMENT 1
Executive Order dated January 25, 2017

Page 5 of 12
 2017 WL 359825 (White House)

The White House

Office of Communications
EXECUTIVE ORDER: ENHANCING PUBLIC SAFETY IN THE INTERIOR OF THE UNITED STATES
January 25, 2017
*1 The White House

Office of the Press Secretary

For Immediate Release

EXECUTIVE ORDER

-------

ENHANCING PUBLIC SAFETY IN THE INTERIOR OF THE UNITED STATES

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the
Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.), and in order to ensure the public safety of the American
people in communities across the United States as well as to ensure that our Nations immigration laws are faithfully
executed, I hereby declare the policy of the executive branch to be, and order, as follows:

Section 1. Purpose. Interior enforcement of our Nations immigration laws is critically important to the national security and
public safety of the United States. Many aliens who illegally enter the United States and those who overstay or otherwise
violate the terms of their visas present a significant threat to national security and public safety. This is particularly so for
aliens who engage in criminal conduct in the United States.

Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from
the United States. These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our
Republic.

Tens of thousands of removable aliens have been released into communities across the country, solely because their home
countries refuse to accept their repatriation. Many of these aliens are criminals who have served time in our Federal, State,
and local jails. The presence of such individuals in the United States, and the practices of foreign nations that refuse the
repatriation of their nationals, are contrary to the national interest.

Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to
ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this
basic sovereign responsibility. We cannot faithfully execute the immigration laws of the United States if we exempt classes
or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments
and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States.

Sec. 2. Policy. It is the policy of the executive branch to:

(a) Ensure the faithful execution of the immigration laws of the United States, including the INA, against all removable
aliens, consistent with Article II, Section 3 of the United States Constitution and section 3331 of title 5, United States Code;

(b) Make use of all available systems and resources to ensure the efficient and faithful execution of the immigration laws of
the United States;

*2 (c) Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as

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enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration
officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the
supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these
duties.

(c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in a manner
that provides the most effective model for enforcing Federal immigration laws for that jurisdiction.

Sec. 9. Sanctuary Jurisdictions. It is the policy of the executive branch to ensure, to the fullest extent of the law, that a State,
or a political subdivision of a State, shall comply with 8 U.S.C. 1373.

(a) In furtherance of this policy, the Attorney General and the Secretary, in their discretion and to the extent consistent with
law, shall ensure that jurisdictions that willfully refuse to comply with 8 U.S.C. 1373 (sanctuary jurisdictions) are not eligible
to receive Federal grants, except as deemed necessary for law enforcement purposes by the Attorney General or the
Secretary. The Secretary has the authority to designate, in his discretion and to the extent consistent with law, a jurisdiction
as a sanctuary jurisdiction. The Attorney General shall take appropriate enforcement action against any entity that violates 8
U.S.C. 1373, or which has in effect a statute, policy, or practice that prevents or hinders the enforcement of Federal law.

(b) To better inform the public regarding the public safety threats associated with sanctuary jurisdictions, the Secretary shall
utilize the Declined Detainer Outcome Report or its equivalent and, on a weekly basis, make public a comprehensive list of
criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect
to such aliens.

(c) The Director of the Office of Management and Budget is directed to obtain and provide relevant and responsive
information on all Federal grant money that currently is received by any sanctuary jurisdiction.

*4 Sec. 10. Review of Previous Immigration Actions and Policies. (a) The Secretary shall immediately take all appropriate
action to terminate the Priority Enforcement Program (PEP) described in the memorandum issued by the Secretary on
November 20, 2014, and to reinstitute the immigration program known as Secure Communities referenced in that
memorandum.

(b) The Secretary shall review agency regulations, policies, and procedures for consistency with this order and, if required,
publish for notice and comment proposed regulations rescinding or revising any regulations inconsistent with this order and
shall consider whether to withdraw or modify any inconsistent policies and procedures, as appropriate and consistent with the
law.

(c) To protect our communities and better facilitate the identification, detention, and removal of criminal aliens within
constitutional and statutory parameters, the Secretary shall consolidate and revise any applicable forms to more effectively
communicate with recipient law enforcement agencies.

Sec. 11. Department of Justice Prosecutions of Immigration Violators. The Attorney General and the Secretary shall work
together to develop and implement a program that ensures that adequate resources are devoted to the prosecution of criminal
immigration offenses in the United States, and to develop cooperative strategies to reduce violent crime and the reach of
transnational criminal organizations into the United States.

Sec. 12. Recalcitrant Countries. The Secretary of Homeland Security and the Secretary of State shall cooperate to effectively
implement the sanctions provided by section 243(d) of the INA (8 U.S.C. 1253(d)), as appropriate. The Secretary of State
shall, to the maximum extent permitted by law, ensure that diplomatic efforts and negotiations with foreign states include as a
condition precedent the acceptance by those foreign states of their nationals who are subject to removal from the United
States.

Sec. 13. Office for Victims of Crimes Committed by Removable Aliens. The Secretary shall direct the Director of U.S.
Immigration and Customs Enforcement to take all appropriate and lawful action to establish within U.S. Immigration and
Customs Enforcement an office to provide proactive, timely, adequate, and professional services to victims of crimes

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committed by removable aliens and the family members of such victims. This office shall provide quarterly reports studying
the effects of the victimization by criminal aliens present in the United States.

Sec. 14. Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude
persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding
personally identifiable information.

Sec. 15. Reporting. Except as otherwise provided in this order, the Secretary and the Attorney General shall each submit to
the President a report on the progress of the directives contained in this order within 90 days of the date of this order and
again within 180 days of the date of this order.

*5 Sec. 16. Transparency. To promote the transparency and situational awareness of criminal aliens in the United States, the
Secretary and the Attorney General are hereby directed to collect relevant data and provide quarterly reports on the
following:

(a) the immigration status of all aliens incarcerated under the supervision of the Federal Bureau of Prisons;

(b) the immigration status of all aliens incarcerated as Federal pretrial detainees under the supervision of the United States
Marshals Service; and

(c) the immigration status of all convicted aliens incarcerated in State prisons and local detention centers throughout the
United States.

Sec. 17. Personnel Actions. The Office of Personnel Management shall take appropriate and lawful action to facilitate hiring
personnel to implement this order.

Sec. 18. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative
proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any
other person.

DONALD J. TRUMP

THE WHITE HOUSE,

January 25, 2017.

2017 WL 359825 (White House)

End of Document 2017 Thomson Reuters. No claim to original U.S. Government Works.

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ATTACHMENT 2
Draft Resolution

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 RESOLUTION NO. ____

A RESOLUTION DECLARING THE CITY OF MONTEREY PARK TO BE

A SANCTUARY CITY, ADOPTING INTERIM POLICIES, AND
DIRECTING THE CITY MANAGER AND CITY ATTORNEY TO PROVIDE
ADDITIONAL INFORMATION FOR IMPLEMENTING THE INTENT OF
THIS DECLARATION.

The City Council of the City of Monterey Park resolves as follows:

SECTION 1: Findings. The City Council finds as follows:

A. The City of Monterey Park prides itself on its diversity and dedication to
helping its residents achieve the American Dream.

B. Based upon the most recent data from the United States Census Bureau
(the Bureau), the Citys population is approximately 61,500. More than half
the Citys population (32,741) are foreign born.

C. The Bureaus data show that the Citys population is predominately of Asian
descent (66.9%), but is also comprised of a rich mixture of persons from
other backgrounds including, without limitation, persons identified as
Hispanic (26.9%).

D. On January 25, 2017, the President issued an Executive Order entitled

Enhancing Public Safety in the Interior of the United States (the Order).

E. The Order purports to unilaterally change federal immigration law from that
of voluntary cooperation to that of compulsory action on behalf of local law
enforcement. Such action violates the protections provided by the United
States and California Constitutions to all persons within the City of Monterey
Parks jurisdictional boundaries.

F. The United States Supreme Court previously made it plain that enforcing
the immigration laws within the United States is the exclusive responsibility
of the federal government (see, e.g., Arizona v. United States (2012) 132
S.Ct. 2492).

G. The United States Supreme Court previously made it plain that Congress
may condition expenditure of federal funds upon voluntary compliance with
federal law based upon the spending powers granted to Congress within
the United States Constitution (see, South Dakota v. Dole (1987) 483 U.S.
203).

SECTION 2: Declarations. The City Council declares that:

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 A. Enforcing federal immigration laws including, without limitation, 8 U.S.C
1325 and 1326, is the exclusive responsibility of the federal government.

B. The City of Monterey Park represents all of its residents and visitors,
regardless of immigration status.

C. The City of Monterey Park is a Sanctuary City and is dedicated to

preserving the rights of all persons within its jurisdiction.

SECTION 3: Interim Policies. The City Manager and City Attorney are directed to:

A. Take all lawful actions to ensure that City officials and employees including,
without limitation, its law enforcement officers, do not administer federal
immigration laws that can only be enforced by the federal government.

B. Take all lawful actions to ensure the City officials and employees including,
without limitation, its law enforcement officers not undertake any action
against persons solely because of their immigration status.

C. Take all lawful actions to ensure that City officials and employees including,
without limitation, refrain from acquiring, maintaining, or disseminating
sensitive information about City residents except to the extent necessary to
provide a City service in question or as required by law. Such information
includes, without limitation, status as a crime victim or witness; sexual
orientation; immigration status; disability status; or status as a recipient of
public assistance.

SECTION 4: Long-term Policies. Not later than July 4, 2017, the City Manager and City
Attorney are directed to undertake the following for City Council consideration:

A. Define the term sanctuary city and how that term might apply to the City
of Monterey Park.

B. Identify and categorize all federal grants, loans, and other funding that the
City of Monterey Park currently receives.

C. Draft policies ensuring that public resources are not spent for purposes of
biased-based law enforcement or enforcing federal immigration laws;

D. Draft policies ensuring that public resources are not spent in responding to
requests by federal law enforcement agencies as to civil detention of
immigrants or the release of any individual from custody for immigration
purposes; and

E. Draft policies ensuring that public resources are not spent in enforcing
federal programs requiring the registration of individuals on the basis of
religious affiliation, national or ethnic origin.

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SECTION 5: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.

PASSED AND ADOPTED this ____ day of _________________, 20___

______________________________
Mitchell Ing, Mayor
ATTEST:

____________________________
Vincent D. Chang, City Clerk

Approved as to Form:
Mark D. Hensley, City Attorney

By: ____________________________
Karl H. Berger, Assistant City Attorney

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