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HomeMy WebLinkAbout4836 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 -l- 4B36 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. -2- 4B36 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. -3- 4836 (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 -4- 4B36