City Attorney Charles S. Vose's letter to Dennis C. Revell of Revell communications dated Jan. 14 reads:
"As you are aware, this firm represents the City of Downey as City Attorney. In this regard, your letter dated January 4, 2002 has been referred to our office for response. In your letter you requested that the City provide you with all documents and materials concerning (a) fireworks related citations, arrests, enforcement and prosecutions between 1997 and 2001, (b) records related to the preparation of the Argument and Rebuttal in favor of Measure L, and (c) records related to fireworks incident and accident reports.
"The City of Downey has, and will continue to follow both the specific provisions of and the intent of the California Public Records Act. This includes the 'right to know' demands for public exposure of official actions of a public entity balanced by the narrow interest in the privacy of the individual. This balancing of the public interest in the dissemination of information with the individual right to privacy results in the minimum exposure of personal information compiled for governmental purposes.
"The documentation request as set forth in your January 4, 2002 correspondence is very extensive and would require the review, compilation and copying of records which may include dozens of files and many pages of documents. In addition, the request seeks the compilation and summarization by Downey employees of information which would require review and work by staff beyond the requirements of the California Public Records Act.
"Notwithstanding the City will comply with your requests in accordance with the Public Records Act. With respect to your 'Section One' and 'Section Three' requests, it is my understanding the information you desire may be part of files that can be made available to the public for inspection during normal business hours of the City. To accommodate your request we can arrange convenient times to allow you to review various files of the City which may include the information that you are seeking. However, the City staff cannot engage in a research and compilation project to attempt to cull and locate documents which may or may not meet your criteria. In addition, some information may have to be redacted from files and the City may require additional time in order to do so.
"With respect to your 'Section Two' request for records related to Ballot argument and rebuttal preparation, the City does not possess these records. The argument and rebuttal were not prepared by the City or City Council. Instead, the argument and rebuttal were prepared by individuals. While the City Council may have authorized individual council members to prepare and submit ballot arguments and rebuttals, those documents were prepared and submitted by those writers in their individual capacities. As such the documents and materials you request are not public records.
"Please be advised that most of the 'Section One' and 'Section Three' information you requested may be contained in City files which can be made available for public review at the City Clerk's office during normal business hours. All of the writings (other than privileged or exempt communications) can be made available for review at City Hall by making advance arrangements through the City Clerk's Office at 562-904-7280. Advance arrangements are necessary in order to retrieve all files which may contain records relating to your requests and to make any redactions of exempt information necessary. In this review you can identify the specific documents which are of interest to you and your copying service can copy them immediately or you can simply identify the specific documents and the City will provide a copy at the City's normal copying charges.
"Again, it is the City's intent to fully comply with the requirements of the Public Records Act. However, the City cannot have staff review these available files to seek out the numerous documents which may potentially fall within your request, as part of a response to documents under the California Public Records Act.
"Should you require additional information or have further questions, please do not hesitate to contact me.
"Charles S. Vose, City Attorney, City of Downey."
Measure L, mentioned in the letter, is the measure on the March 5 ballot to ban the use of all backyard fireworks in the City of Downey.
The action was by unanimous vote at Tuesday's regular City Council meeting.
When finally approved, as is expected at the next meeting, the revised ordinance will clarify the maximum area and number of wall signs permitted for a business here. The new law will maintain the existing maximum overall signing limit of 2.25 square feet of area for each linear foot of building for commercial zones. But it will also allow greater flexibility in the allocation of signs, while continuing to protect adjacent neighborhoods.
The existing code states that the maximum area of a secondary sign is one-half the actual area of the primary sign. If a business is allowed a primary sign of 60 square feet, but installs one of only 30 square feet, the secondary sign can only be 15 square feet.
A second change allows a third and fourth sign where applicable in commercial zones. And another allows supplemental strip text (such as identifying a business service "Bakery," or "Pharmacy"), to be divided in different sign areas for larger businesses in commercial or industrial zones.
Yoshiki and Councilman Keith McCarthy both credited the work of Jerry Andrews and the Chamber of Commerce, as well as the Planning Commission for the progress on the sign law.
Wallar, who began his career in Downey in 1932 with the purchase of an auto parts store, later switched to a long and successful career as an appliance store operator.
Mayor Meredith Perkins noted during the presentation that Wallar retired late last year after a career of more than 70 years in Downey in which he established a reputation for honesty, fair dealing and friendly service.
Wallar was honored in 1992 as the Downey Chamber of Commerce's "Small Businessman of the Year" and is known as Downey's "grand old man" of business.
He is a longtime supporter of the Downey Hospital Foundation and the YMCA Patron of Youth Program.
He retired after 70 continuous years of business in Downey, and is the longest running currently active member of the Rotary Club of Downey.
The Council also honored Wenzel Music, which was founded by Bill Wenzel in 1958, and has been operated by son Tom and Tom's wife Maxine since 1969.
Tom Wenzel and his family have been members of several organizations including the Downey Chamber, the Soroptimist International of Downey, and the Downey Woman's Club.
The Wenzels are retiring after 43 years of doing business here.
In other action the Council:
* Approved a completed contract for drainage work at a storm drain at Gaymont and Suva Avenue which came in under budget at $74,150 (the budgeted sum was $120,000).
* Set a hearing date for Feb. 12 on the 2002-03 Community Development Block Grant and Home Investment Partnership Grant.
* Supported the previous denial by the Planning Commission of a proposed Downtown Plan Amendment to include used vehicle sales as a permitted use in the Downtown Plan Overlay Zone (Applicant Hugo Rey of Sunwest Motors).
* Approved the submission of two California Office of Traffic Safety Applications in hope of funding.
* Approved the submission of a grant application for the Lakewood Boulevard Improvement Project through the Costa-Machado Water Act of 2000.
* Supported Proposition 42, the Transportation Congestion Improvement Act. The aim of the act is to re-allocate existing motor vehicle sales and use tax revenue for transportation purposes only. The measure is supported by the League of California Cities.
* Acting as the City's Community Development Commission, authorized additional expenditure of $15,000 under a contract with Graphic Solutions, Inc., for Downtown signs.
Councilman Richard Trejo said he had enjoyed a recent trip to Sacramento where he learned a lot about lobbying and water law.
And Councilman Kirk Cartozian said he enjoyed a recent tour of the old Boeing site and the sets of two motion pictures currently being filmed there, "Austin Powers III," and "Catch Me If You Can."
Councilman Winningham also said he enjoyed the tour, noting it was the first time he had ever seen steak and lobster served off a catering truck.
And Winningham said he enjoyed meeting Congresswoman Lucille Roybal-Allard at a party in Downey last Friday, adding the Congresswoman was very complimentary of Congressman Steve Horn and is anxious to forge links with the Downey community she will soon be serving.
Winningham also complimented City Manager Gerald Caton for the latter's presentation on Downey history at the recent forum on city government at the Community Center.
The next public meeting of the Downey City Council will be Saturday, Feb. 2, at 9 a.m. at the Community Center in Apollo Park for the "How Your City Works" forum. The next regular meeting of the Council will be Tuesday, Feb. 12, at 7:30 p.m., at City Hall, 11111 Brookshire Ave.
The action was at Tuesday's regular Council session.
The site is at 12145 Woodruff Ave. The Council Tuesday approved a Conditional Use Permit to applicant Iglesia de Cristo Ministerios Llamada of Inglewood, and granted a zone variance on maximum height of structures allowed for the property.
The plan includes three connected buildings with a combined floor space of 106,104 square feet, including a 26,568 square foot sanctuary/multi purpose room with up to 3,000 non-fixed seats, offices for 50 staff members and classrooms for 250 children attending Sunday School or day care at the religious center.
There will be a one-year trial period during which occupancy and hours of operation will be studied, and then brought back to the Council for further consideration.
Parking is provided for 459 cars, which the City staff believes will be adequate.
The developer has agreed to pay the City $300,000 through a development agreement as compensation for the loss of recreational open space.
The City also added several requirements as stipulations on the Conditional Use Permit. These include a decorative 5.5 foot wall/fence behind a 20 foot landscaped setback along the Washburn and Woodruff frontages; a solid masonry wall not less than 5.5 feet and not more than 6 feet along the westerly and southerly property lines; low level light standards not to exceed 25 feet in height in the parking areas, shielded and setback 46 feet from the abutting residential zones; and a decorative trash enclosure of sufficient size as required by the disposal company.
Mayor Meredith Perkins, while critical of some of the numbers expected to attend the church facility, agreed it was a good use for the property.
Councilman Richard Trejo said his concerns about traffic and protecting surrounding neighborhoods had been answered.
Councilmen Kirk Cartozian, Bob Winningham and Keith McCarthy all expressed favor for the plan.
A letter to the editor of the Downey Eagle dated Jan. 22 reads:
"In response to an article printed in the Downey Eagle of Jan. 4, 2002, 'ballot rebuttal on fireworks set for March date' that lists the organizations that could suffer $160,000 loss of revenue if the ban on fireworks is passed in March. The American Legion was included in that list.
"For the record, the American Legion, Post 270, has never participated in, or run a booth, or ever received any funds from the sale of fireworks in Downey. The committee for pro-fireworks never checked their source. Any novice knows to check sources to avoid retractions or possible litigation. No one ever bothered to call the Legion to verify their information.
"The Executive Committee of the American Legion Post 270 by unanimous vote strongly insists that a retraction by the Pro-fireworks committee to be printed in the Downey Eagle, well before the vote on the March ballot. It also has been brought to our attention by the City Clerk of Downey that reference to the name American Legion appears on the March ballot. We insist that reference be deleted from the ballot.
"We regret that action is necessary, but you created the problem. We have been a member of this community for 82 years, since 1920 and have been involved in several programs for the local rehabilitation hospital, the youth programs for the local high-schools, meals on wheels, to name a few. We deeply resent any attempt to involve us in any attempt to influence voters for whatever reason."
The letter is signed by Clark S. Beardslee, Adjutant, American Legion Post 270, Downey.
The program opens with Beethoven's Symphony No. 4, under director and conductor Thomas Osborn's baton, and will include Ralph Vaughan Williams' overture to "The Wasps" and Robert Schumann's Concerto for Cello with soloist John Walz.
Tickets are $10 to $24 and will be available at the box office before performance time. In addition, ticket holders may enjoy a 15 percent entree discount at Gregory's Restaurant located in the Embassy Suites adjacent to the Theater. For information, call 403-2944.