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RESOLUTION NO. 4B36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA MAKING FINDINGS OF FACT REGARDING
THE APPLICATION OF THE INTERNATIONAL SOCIETY
OF KRISHNA CONSCIOUSNESS, ALSO KNOWN AS HARE
KRISHNA, FOR A RELIGIOUS SOLICITATION CERTIF-
ICATE AND DIRECTING THE CITY MANAGER NOT TO
ISSUE SAID CERTIFICATE BASED ON THE DISCREP-
ANCIES AND INCOMPLETENESS OF SAID APPLICATION
AND ON SAID FINDINGS OF FACT
WHEREAS, on April 4, 197B, a public hearing was held on the
application of the "International Society for Krishna Conciousness"
also known as "Ha,re Krishna" and referred to hereinafter as such,
for a religious solicitation certificate pursuant to the Arcadia
Municipal Code, a-t which time all persons were allowed to testify and
present evidence and at which no representative of applicant testified
though having received notice of said hearing, and which hearing was
was continued to July 5, 1978 in order to allow staff time to obtain
additional financial data and legible copies of financial data presented,
and due to the consideration of the annual budget through July l, 197B:
WHEREAS, on July 5, 197B the continued public hearing was held at
which time all persons were given opportunity to testify and present
evidence and a representative of applicant was present and did testify
and which hearing was thereafter continued to August 15, 197B to allow
applicant time to provide to the City Attorney for this City
Council by August 1, 197B, a balance sheet to the last fiscal year
including a current profit and loss statement for the last fiscal year,
both certified by a California Public'Accountant;
WHEREAS, on August l5, 197B, the continued public hearing was held at
which time all persons were allowed to testify and present evidence, how-
ever applicant failed to appear and failed to present the requested addi-
tional financial data or any data whatsoever. The City Council instructed
the City Attorney to prepare a resolution making findings of fact and
directing the City Manager not to issue the solicitation certificate and
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continued the public hearing
fact finding jurisdiction to
persons, including applicant;
WHEREAS, on January 2, 1979, the continued public hearing was
held at which time all persons were allowed to testify and present
evidence and applicant having failed to appear at said hearing and
having failed to submit the requested additional financial data or
any data whatsoever, the public hearing was continued to June 19, 1979
to retain fact finding jurisdiction;
WHEREAS, on June 19, 1979, a continued public hearing was held
at which all persons were allowed to testify and present evidence and
applicant having received notice thereof failed to appear at said hear-
ing and failed to submit the requested additional financial data or
any data whatsoever.
to January 2, 1979
receive additional
to retain continuous
evidence from interested
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS:
SECTION 1. That based on the testimony and written documentation
submitted at aforesaid public hearings, we hereby make the following
findings of fact:
A. That the City Manager of the City of Arcadia on the recom-
mendation of the Solicitations Advisory Committee of the City of Arcadia
referred the application of the Hare Krishna for a religious solicita-
tion certificate to the Arcadia City Council for a public hearing and
to make findings of fact pertaining to said application.
B. That the applicant or a representative of applicant had
either prior, verbal or written notice of all public hearings conducted
by this City Council on April 4, 197B, July 5, 197B, August 15, 197B,
January 2, 1979 and June 19, 1979.
C. That on July 5, 197B, this City Council requested Joel
Schanker, representative of Hare KriShna, to file with the City Attorney
a balance sheet of the last fiscal year including a current profit and
loss statement for the last fiscal year, both certified by a California
Public Accountant. That a written request for the same dated July 10,
197B was mailed to said Joel Schanker and that to date applicant has
failed to comply with said request.
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D. That without aforesaid documentation the City Manager
cannot issue a certificate of registration for religious solicitation.
E. That said application was made in the name of "International
Society for Krishna Consciousness", however documentation submitted
by applicant is in the name of "International Society for Krishna
Consciousness of California, Inc.", "International Society for Krishna
Consciousness, Inc." and "ISKCON of Southern California, Los Angeles
Temple."
F. Said application was signed by Joel Schanker as secretary,
and we hereby find Joel Schanker is not the secretary of applicant or
of any other organization specified in subparagraph "E" above.
G. That there is some evidence that applicant may be a business
or a cult rather than a bona fide religion, and we hereby reserve
continuous fact finding jurisdiction to render further findings on
this issue.
H. That
in the form of
applicant:
1) Solicits its funds time and time again using the vehicle
based on an overwhelming proponderance
testimony and written documentation we
of the
hereby
evidence
find that
of misrepresentation and fraud, using intimidation as a rule
rather than an exception; and
(2) That in the solicitation process applicant's members
interfere with the rights of the public to ingress and egress
to private and public facilities; and
(3) That in the solicitation process applicant's members
often insult and intimidate members of the public who are not
inclined to donate to their cause regardless of how represented;
and
(4) That applicant's methods of solicitation often involve
the unconsented touching of members of the public.
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(5) That the written application before us therefore
misrepresents the actual method of solicitation.
I. That applicant's application misrepresents the facts
and is insufficient in failing to provide competent information to
enable the City Manager to issue a certificate.
J. That the solicitation by applicant's members in the City
of Arcadia would constitute a clear and present danger to citizens
of Arcadia to their constitutional right to be free from intimidation,
harassment and to live in the community in peace.
K. That solicitation by applicant's members in the City of
Arcadia would be detrimental to the health, safety and welfare of
the people of the City of Arcadia.
SECTION 2. That based on the foregoing findings of fact, we
hereby direct the City Manager not to issue a religious solicitation
certificate to Hare Krishna.
SECTION 3. The City Clerk shall certify to the adoption of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was adopted at
a regular meeting of the City Council of the City of Arcadia held on
the 17th day of July, 1979, by the affirma ti ve vote of at least
three Councilmen, to wit:
AYES:
NOES:
ABSENT:
Gilb, Parry, Pellegrino and Margett
'aelid rft~j ~ >z~
C1ty ClerK OIt~ity of Arcad1a
SIGNED AND APPROVED this 17th day of July, 1979.
Councilmen
None
Councilman
~T T:~ ~
, \ ' ( _-= M yor of the City 'of Arcadia
-~~~7/(/J ,,~~
C1ty C erk
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