HomeMy WebLinkAboutNOVEMBER 26,1957
1
ROL CALL
CONFERENCE
ATTENDANCE
.:INDEXED
HOLIDAY HOMES TOUR
(Arcadia Auxiliary
of Methodist
Hospi tal of
Southern Calif.)
tINDEXED
1
PARKING DISTRICT
No. 2
(Appointment of
Board of Parking
Place Commissioners
of Vehicle Parking
District in)
.11& 9
40as
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
ADJOURNED REGULAR MEETING
NOVEMBER 26, 1957
Pursuant to the order of adjournment of the regular meeting
of the City Council of November 19, 1957, the City Council of
the City of Arcadia met in regular adjourned session in the
Council Chamber of the City Hall at 6:00 P.M. November 26,
1957.
PRESENT: Councilmen Camphouse, Jacobi, Phillips, Reibold and
Dennis
ABSENT: None
Motion was made by Councilman Camphouse, seconded by Council-
man Jacobi, that Mayor Dennis be authorized to attend the
American Municipal Congress in San Francisco December 1 to
December 4, 1957, at a total cost not to exceed the funds
budgeted for that purpose, expenditures to be substantiated by
an itemized expense account upon his return.
The motion was carried on roll call vote as follows:
AYES: Camphouse, Jacobi, Phillips, Reibold and Dennis
NOES: None
ABSENT: None
The City Manager read a communication from the Arcadia
Auxiliary of the Methodist Hospital of Southern California
requesting permission to hold their third annual Holiday
Homes Tour, Friday, December 6, 1957, from 10:00 A.M. to
9:00 P.M., the proceeds of the tour to be given to the
Methodist Foundation for the Arcadia Methodist Hospital of
Southern California in Arcadia.
Councilman Reibold moved that the Council waive the require-
ments of Section 18 of Ordinance 737 as amended by Ordinance
823 and grant the request of the Arcadia Auxiliary of the
Methodist Hospital of Southern California to hold their third
annual Holiday Homes Tour Friday, December 6, 1957 from
10:00 A.M. to 9:00 P.M. Said motion was seconded by Council-
man Camphouse and carried unanimously.
Mr. Wm. Suhm, President of Arcadia Chamber of Commerce, read
'a communication addressed to Council, stating in part that
the Arcadia Chamber of Commerce wished to submit the names of
the following for consideration as members of Vehicle Parking
District No.2:
Lloyd V. Engle, owner of Engle Pharmacy
Business address: 34 East Huntington Drive
Home Address: 893 West Huntington Drive
Roy R. Long, owner
Business address:
Home address: 946
of Roy Long's Men's and Boy's
23 East Huntington Drive
Coronado Drive
Wear
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William H. Marmion, owner of San Gabriel Valley Lumber Co.
Business address: 57 Wheeler Avenue
Home address: 1041 Rancho Road
The City Attorney advised Council that the same rules apply
as to the appointment of Board Members for Parking District
No. 2 as applied in Parking District No.1; that among other
things, the members of the proposed board must be residents
and qualified electors of the City, and persons of business
experience and ability; that they should be persons interested
in the area and its parking problems; that the initial
appointments are for a term of three years with the proviso
that of the members first appointed they shall cast lots to
decide one year, two year and three year terms respectively,
so that thereafter there will be a new member appointed each
year; that a member may be removed by the Council and shall be
removed by the Council upon the request of owners of 50 per
cent of the property within the district being assessed;
that the Council is not without control, although the
commissioners actually direct the operation of the lots with-
in a given district.
I
Mayor Dennis thereupon appointed Lloyd V. Engle, Roy R. Long
and William H. Marmion as members of the Board of Parking
Place Commissioners of Arcadia Vehicle Parking District No.
2, subject to the approval of the City Council.
Councilman Phillips moved that Council accept the recommend-
ation of the Arcadia Chamber of Commerce and approve the
appointment of Messrs. Lloyd V. Engle, Roy R. Long and
William H. Marmion as members of the Board of Parking Place
Commissioners of Arcadia Vehicle Parking District No. 2 for
the period specified under the Act pertaining thereto.
Councilman Reibold seconded the motion and it was carried
on roll call vote as follows:
AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and
Dennis
NOES: None
ABSENT: None
--
ORDINANCE
No. l004
iINDEXEb
The City Attorney presented for the second time, discussed
and read the title of Ordinance No. 1004, entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, REGULATING SOLICITATIONS FOR CHARITABLE,
PATRIOTIC, PHILANTHROPIC AND RELIGIOUS PURPOSES".
The City Attorney then briefly outlined the following
policies and provisions of this ordinance as follows:
"The first article deals only with the definition of terms,
such as charitable and religious and patriotic solicitation
and the like. Then it sets up a Solicitations Advisory
Committee consisting of the City Manager, the License Officer
and the Chief of Police, to whom all applications under the
ordinance are referred; they make the investigations and act
upon them in accordance with the standards that are set up in
the ordinance itself. Then it provides for the issuance of
permits as to charitable, patriotic and philanthropic
organizations, certificates of registration with respect to
the church groups. It requires no application or permit
for solicitations within the membership of the group itself,
particularly at their assembled meetings.
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One basic provision throughout all types of permits and
certificates is the prohibition against the solicitation
of money only by persons under 16 years of age. That is
rather a standard provision throughout the nation and is
borne out as being rather salutary, but this does not pro-
hibit the sale of cookies, peanuts, etc. that is customary
for juvenile groups.
I
The basic concept of this ordinance is the requiring of the
filing of detailed information in advance of the time,
nature, extent, duration, etc. of each type of solicitation;
a full financial report of the organization prior to the
solicitation, a detailed report of the results of the
solicitation within 60 days after its completion; makes
provision for the committee to make its findings of fact
and its recommendations with respect to the permits and
the certificates, provision for the publication of these
findings after first notifying the applicant and giving
him a chance and the right to file a counter-statement
if he so chooses, and all public releases shall contain
both statements. It provides for an appeal from their
decision.
The ordinance further provides a means of screening the
various types of solicitations, not for their worthiness,
etc., but for their modus operandi, time and place, etc.,
and gives the City the legal means of ascertaining all the
details and then publishing same to the public so that they
can make an intelligent decision as to whether or not they
wish to make a contribution at all. I think you will find
it certainly within the realm of the legal - the ordinance
requires that their costs of campaign not exceed in any event
25% unless they submit evidence to the City Manager that
satisfies him that for some reason in that particular solic-
itation the cost in excess of 25% is in that particular case
a reasonable cost. It follows basically the theories and
provisions of the Los Angeles City Ordinance even to the
creation of the Commission. In practice this Committee will
rely very largely as to major charities at least, on the
findings and reports and material of the Los Angeles
Commission. They have been used in the past and it seems
certain the Committee will use them in the future so that
they will not be duplicating work that has already been done.
1
The ordinance provides also for a registration card or
identification card issued through the City Manager's office
carried with them throughout the solicitation and this in
turn has a brief summary of the purposes, nature and all of
the solicitors, charity or church and will contain reference
to the additional detail in the manager's office or
committee's file for further enlightenment of those who
want to be further enlightened on it.
The courts have not been too willing to impose restraints
upon the charitable solicitations and particularly in the
case of the religious solicitations. This type of ordinance
has been sustained, however, and it is my personal feeling, in
which I hope that the Council will concur, that you owe the
public a certain duty, namely, to inquire into the nature,
purpose, extent, etc. of all soliciting agencies and to
accurately inform the public of these natures, aims and
purposes, The courts have rather consistently stated that
within the realm of reasonable regulation, the people have
the right to select the opject of their charity, and
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particularly as to the church groups, have held that which
most of us already know, namely, that a necessary incident
to the freedom of religion is the collection of money, the
passing of the collection plate, soliciting donations from
the public at large.
This ordinance is necessarily a relaxation of the policy
that the Council has endeavored to follow; however, this
can be sustained in my op1n10n, without much fear of
controversy, much less failure.
More important, however, is the fact that this type of
regulation, both charitable and religious, necessarily falls
in the long run not upon the shoulders of the Council to
legislate, but upon the shoulders of the public at large to
dictate their desires. The Council can legislate ad
in fin item, but if the public does not care to follow that
legislation the ordinance will not be successful. The con-
verse, however, is true: if the public wants an united fund
drive, for example, with respect to charities, they have it
within their power, very~simply and very easily, if they can
only be so educated, to' achieve an united fund drive. There
is nothing that will make a supporter of an united fund,
under whatever name it may choose to operate, faster than
one financially unsuccessful drive, and the charitable
organizations are the first to admit that nothing succeeds
like success and nothing fails like failure in this respect.
If the people want an united fund drive all they have to do
is politely but courteously decline to donate anything,
regardless of how small, to anything but an united fund drive,
acquaint the solicitor with the reasons for such denial,
even tell him they would be more than happy to contribute to
an united fund drive, even earmark such and such a percent-
age of their contribution to this particular charity if
they would join the united fund. When the people want it
badly enough to do just that, they will have an united fund
drive and until they do, regardless of legislation, and in
particular with the legal restraints, you will not have one.
1
As to the religious solicitations, I dare say that they
have been the least of our problems in this city. By and
large they understand that they must seek the bulk of their
donations from their own people. We have had few out of
town religions; they have not been too big a problem; they
have all the rights that the charitable organizations have,
and in addition, have further constitutional guarantees that
makes any attempt to edit or censor or unreasonably restrict
them an absolute impossibility. I don't think the Council
need take the attitude that they are taking a big step back-
ward. I would rather look at this as an implementation of
further restrictions that we have in fact had in the past.
Furthermore, Ordinance 737 was never designed to take care
of this realm of regulation. We fell into it by chance of
necessity, for the ordinance was designed and drafted
originally to take care of an entirely different situation,
but has been used to cope with many situations, so that
sooner or later you get to the breaking point and actually
it came ultimately to the breaking point. This ordinance
will be followed by further regulations with respect to
business solicitation and I will not detain you with a
discussion of that tonight. I will take the time required
to prepare such legislation with full explanations for
presentation to you in the fairly near future.
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If you wish the entire ordinance read, I shall be happy so
to do; if not, it would be in order to waive the reading of
the body and then to adopt the same if you care so to do."
I
"Councilman Camphouse: I have one question I would like to ask. In
previous discussions and on the hearings we have, from what
you just said and from the testimony of people who have
appeared before us, namely within our own community,
representatives of the church groups; this in no way affects
their activities but might conflict with an application such
as Col. R. M. Gosnell submitted? This in no way impairs the
rights and privileges of people within our own community?
City Attorney: We had requested Col. Gosnell to do precisely
what this ordinance requires; as yet we have not heard from
him. The teeth of this ordinance consists in prohibiting mis-
representation to the public in actual solicitation, of
their purposes, and aims, and in requiring the furnishing
of detailed information. The churches and service groups
have this information readily available and major charities
that have applied have submitted that information in advance.
They welcome the opportunity to submit it, because for the
most part one of their best sales campaigns is the disclos-
ure of what they do with the money, etc. They have nothing
to hide with a few exceptions, and we will be very happy
to ferret out the exceptions under this type of an ordinance.
It would in no way impair rights and privileges; this is
rather a clarification of any misunderstandings that may have
existed in the past; as to their own members it doesn't even
apply; as to a broadside type of solicitation they are
required to apply for a certificate of registration, in
which they merely set forth who they are, what they propose
to do, when they propose to do it and what they are going to
do with the money that they collect from other than their
own members - just a basic type of disclosure which they
have no justifiable reason to withhold, which for the most
part they would be more than happy to disclose. The pro-
cedures are simple. They don't have to wait for Council
meetings, etc.; permits are valid for the year; and as to
church groups, may be very simply renewed and so on down the
line.
Councilman Reibold: Would this then work without Council
action?
City Attorney: Yes, it would except in cases of appeal....
Councilman Camphouse: Would Ordinance No. 737 still apply
for dances, for instance?
1
City Attorney: This Ordinance does not refer to dances
except incidentally. Now a public dance is something else
again - that is regulated yet by Ordinance No. 737 if it is
in effect a public dance, come one, come all. It does not
apply to a private church social.
Councilman Phillips: In the disclosure of percentages of
distribution of the moneys and disclosure of the cost of
solicitation, some of the organizations will indicate for
the sake of argument, 50% to the national office, 35% to the
local office for charitable distribution and 15% for costs,
just using figures. Now we know that in that 50% undoubted-
ly a great deal of expense is also involved in the master
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11-26-57
4.04.4.
planning of the entire national campaign. Is there any
way to get at that figure, or are we, or should we be
concerned with this?
City Attorney: This ordinance does not specifically touch
on that question other than we require' a full disclosure
of all disbursements. Now I suppose the local chapter
might get around that one, saying we disburse 50% of it to
national headquarters and locally we disburse so much and
10% cost of campaign, but the ordinance does provide for
further investigation by the committee of any detail of
interest to the committee or Council.
1
Councilman Phillips: Is it possible to write into the
Ordinance that a percentage of the funds collected within
a city be expended within that city, and have other cities
done this?
City Attorney: As to your religious groups, you would get
nowhere with such a provision because religion knows no
territorial bounds - Christ's admonishment: "Go ye forth
into the world and teach ye.... .all....n. Many religions
op~nly admit that they need to collect money where money is
collectible to render their services in areas where people
are impoverished and need financial, religious, moral and
other types of assistance. As to your charitable solicit-
ations, I might refer to Mr. Cook, who did the bulk of the
research on this. Did you came across any trend in that
connection?
Mr. Cook: There were no requirements anywhere in the
ordinance I researched or in the communications I read. I
doubt very much if it could be sustained.
City Attorney: I would voice that same opinion frankly,
because even in your national or larger scale things it is
hard to measure the proportion of the benefit that is
returned locally. Even though the money physically goes out
of town how much of it comes back in national advertising,
research, etc.
Mayor Dennis: I think it should be pointed out that Council
has put considerable time and effort in on this particular
matter. We have had hearings for and against - lengthy
hearings, concerning the Green River Ordinance as to com-
mercial, and on charitable and religious, and we have come
to the conclusion that it is the responsibility of ' the City
Council to provide the laws whereby the property owner Can be
protected if he cares to be protected; that it is not pos-
sible for us to legislate on a practical basis any type of
ordinance that will prohibit people from conducting
solicitations, but we have set up some means in the ordinance
whereby the property owner, if he or she feels that she is
being unduly or unsatisfactorily solicited, or is being
possibly threatened, then she does have recourse.
1
City Attorney: Of course, that's not in this ordinance.
This refers to purely religious and charitable solicitations.
The other, as I mentioned earlier, will come later, with
its context to you and full explanation too so that you will
know more about it actually than I had time to tell you
about this one, but the matter now before the Council is on
the charitable solicitations.
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Councilman Reibold: What you said, Mayor,Dennis, is correct.
In other words, what Mr. Nicklin has done here, as I under-
stand him, and what we have talked about as we have gone
through this thing, was that he is providing the tools so
that the person can make the decision - providing the facts;
how the money is used, what the collection costs are,
where it goes, and then people can make the decision, so
that part is absolutely right.
Councilman Jacobi: I would like to ask Mr. Cook if he
happened to read the Newport Beach anti-solicitation
ordinance. I have asked for a copy whic~ I have not as yet
received.
I
Mr. Cook: No, not that particular ordinance, but I can say
that in backing this one up that in each case which I read
on Supreme court cases, you will find isolated cities that
do have rather unusual ordinances, but they have never been
sustained in court. The bulk of the cases would indicate
that they couldn't possibly stand up. .
City Attorney: We have another factor too - many an ordinance
never reached the test stage only because the enforcement
of the ordinance never becomes an issue, because the people
have by their choice already ordained that such should be the
case. San Marino has the Green River ordinance. I happen
to know its wording and operations. They don't even
purport to regulate charitable solicitations. I know how
they are conducted. They have no regulations to my know-
ledge to charitable solicitations at all. All they do is if
a permit application does happen to get to the Council table
the Council requests them to respect the Council's judgment
and solicit by mail or some other means. Some of them do
and some do not. Red Cross, Community Chest, two that I
know of, solicit door to door. I don't think they even
bother with the City Council and I dare say they make no
disclosure to the City Council, and they are quoted as having
such a stringent solicitation ordinance.
Councilman Reibold: Summing the entire thing up in a few
words, I would say that it appeals to me because it is a
practical solution to a practical problem.
Councilman Phillips: I feel that the City Attorney has
given us a good description of the ordinance and its intent
and I would, therefore, move that we waive the reading of
the full body o,f Ordinance No. l004." Said motion was
seconded by Councilman Reibold and carried on roll call vote
as fo llows : :
AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis
NOES: None
ABSENT: None
1
Further motion was made by Councilman Phillips that
Ordinance No. 1004 be adopted. Said motion was seconded by
Councilman Reibold and carried on roll call vote as follows:
AYES: Councilmen Camphouse, Jacobi, Phillips, Reibold and Dennis
NOES: None
ABSENT: None
City Attorney advised that Phase 3, which will govern
commercial solicitations, will be ready shortly.
Councilman Camphouse stated that it was his hope that a
proper explanation of this ordinance would go out to the press.
Councilman Reibold stated - for the record - this is
not the green River Ordinance.
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MASTER ZONING
INDEXED
P"Lr:J'//IIIIG
TILE
(Civic Center)
1.1? "
-r . ~ N5P
BOARD AND COMMITTEE
REPRESENTATION
(Councilmen)
INDEXJZD
The City Attorney was excused from the meeting at this time.
The City Clerk read a communication from the Greater Arcadia
Improvement Association signed by Mrs. Barbara Johnson,
President, wherein it was recommended that the City take
immediate steps to prepare and adopt a Master Zoning Plan to
eliminate zoning by variance and to insure an orderly
planned use of land resources.
Mayor Dennis stated that the City currently has a Master
Plan; however, that the communication would be referred to
the Planning Commission. Appreciation was expressed for the
interest shown by the Aasociation. Letter to be placed on
file in the office of the City Clerk.
Councilman Reibold inquired as to the status of the Mosaic
tile treatment for the City Hall. The City Engineer stated
that the artist is currently developing the plans for the
City Hall and Police Station in compliance with the wishes of
the Council, that the designs in black and white be re-
submitted after redesigning.
1
Mayor Dennis commented on Board and Committee representation
by stating: '
"In the past a member of the City Council has been assigned
to attend meetings of each of the various boards and commis-
sions. The purpose of such attendance has been to provide
a means of transmitting to the Council the thinking and
reasoning of the various boards and commissions in arriving
at their decisions. For the most part, the Councilman in
attendance has merely listened, has not actively part~ken
in the deliberations and, as a matter of policy, has spoken
up only when requested so to do and then only to the extent
necessary to answer a question.
I feel that the line of communication between the City
Council and the respective boards and commissions should be
a two-way affair. I believe that it is equally important
that the policies and programs of the City Council be
relayed to the respective boards and commissions. After all
the City Council sets the policies and programs of the City
and it is the function of the various boards and commissions
to carry out these programs and policies. This they cannot
do unless such policies and programs are adequately trans-
lated to the boards and commissions.
It would seem to me that it will be most helpful if the
Councilman in attendance at a board or commission meeting
will advise the respective board or commission, whose meeting
he attends; fully as to the programs and policies adopted
by the City Council so that in their deliberations and
decisions the respective boards and commissions can clearly
further and carry out such programs and policies.
1
It should be clearly understood that the City Council does
not want a rubber stamp commission arid in his relationships
to a board or commission, the Councilman must take extreme
care to assure both the commission and the public that the
board or commission is expected to give the Council the full
benefit of their best thinking and advice without coercion or
suggestion from the attending Councilman. The function of
the attending Councilman is limited to the delivery and
explanation of the Council's policies and programs to the
respective boards and commissions, and to clarify any doubts,
uncertainties or misunderstandings that may exist thereto
so that the actions of the boards and commission can be in
furtherance of the Council's programs and policies."
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COUNCIL MEETING
PROCEDURE
INDEXE;;.
1
404'~
I personally think it would greatly expedite the handling of
various subjects and would be very beneficial to the entire
internal operation.
The councilmen do not have a voice but we notify the commis-
sion that he is the voice of the Council and encourage them
to solicit their participation in their discussions before
they come to a conclusion so that they will have the thinking
of a majority of the Council at the time they are making
their decision. The end result would be that the Council
probably would end up by accepting more of a recommendation
to their various commissions and would expedite the handling
of matters in the council meetings themselves because we
would have a better representation of our sentiments at the
commission level.1I
Councilman Camphouse commented that previously they had been
instructed that even if they were asked a question it was not
their privilege to comment; that they were there as observers
only, but that he had personally never felt that way because
Council is an elected body and he had always answered
questions upon request.
Councilman Phillips stated that he felt it is worth a try;
that he did not think any harm can come of it if each
councilman is careful in that where there are two sides that
both sides are stated or neither stated. He added further
that one of the advantages of adopting such a program is that
Council knows the area in which it wants to push an action,
and where a commission will spend a great deal of time working
on various projects, if it has the word that Council is
interested in a certain order of procedure it feels the
Council representative has the authority to bring the message
that Council would welcome this type of procedure; and that
capital projects or other matters that are apparently bogged
down will move along because the Council representative
would not be guiding them but helping them go in the direction
Council desires.
Councilmen Reibold and Jacobi also were agreeable to this
arrangement.
Mayor Dennis informed Council that he would like the follow-
ing procedure followed at the next three council meetings:
Hearings
Matters of the City Attorney
Matters of the General Public, not including agenda items
Councilmen
City Manager
General items of the agenda, including Planning Commission
items, etc.
The formal part of the agenda will close at ll:OO P.M.
regardless of where Council is at that time, and that
there will be an adjourned meeting to carryon the rest
of the normal agenda items.
From ll:OO to 11:30 P.M. Councilmen will report back from
their various commissions, discussions or subjects they feel
should be conveyed to Council.
,
Mayor Dennis also stamd that in line with that same procedure,
with the approval of Council, he would like to make some
changes in the representation of the various members of the
Council to Commissions. Mr. Reibold was appointed to replace
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11- 26- 57
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~NDEXEDMr. Phillips on the Planning Commission; Mr. Phillips to
take over the representation on the Recreation Commission;
Mr. Jacobi to take over the Health and Sanitation Commission
and Personnel, and Mr. Camphouse will continue on the
Library Board.
With the unanimous approval of Council, Mayor Dennis
announced that the above procedure would be carried out
for the next three Council meetings and that the above
stated changes in representation would go into effect
immediately.
PAUL MALLING
(Comment)
Mr. Paul Malling, 316 Oxford Drive, addressed Council,
commending them on Ordinance No. 1004 which was read into
the minutes at this meeting; stating that it was a practical
solution and that proof would be in the enforcement of same.
1
ADJOURNMENT
Motion by Councilman Jacobi,
and carried unanimously that
Phillips
ATTEST:
at
~a.fl,
City Clerk
Yk
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