Loading...
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 1. 11- 26- 57 4040 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. 1 2. 11-26-57 ~O~l 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 3. ll-26-57 ~O~2 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. 1 4. ll-26-57 4043 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 5. 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. 6. 11-26-57 if04b 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. 7. 11-26-57 4046 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." 8. 11-26-57 1 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 9. 11- 26- 57 tlOtl8 ~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 I 10. 11- 26- 57