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HomeMy WebLinkAboutRP 94-04; Alvarez Flower Stand; Redevelopment Permits (RP) (3)December 8, 1994 TO: CITY ATTORNEY FROM: DEBBIE FOUNTAIN, HOUSING AND REDEVELOPMENT LETTER FROM MR. RICHARD MACGURN As you requested, attached are the letters I received from Mr. Richard Macgum, attomey, dated November 28, 1994 and December 6, 1994. When I received the letter dated November 28th on December 5, 1994, I contacted Mr. Macgum to discuss it with him. I told him that I never contacted his client on or off the flowerstand site. I indicated that any correspondence or discussions I have had regarding the stand have either been with him (Mr. Macgum) or the property owners (S.I Financial Group). Mr. Macgum indicated that his client told him that I visited the site and harrassed them. When I stated that I had not been to the site, Mr. Macgum offered an apology and said he would send a letter of apology to me. He said his communications are somewhat strained between him and his client due to language barriers. Although Mr. Macgum did send a letter following our telephone conversation, it did not contain an apology in my opinion. It simply acknowledged that I had contacted him. I still feel that he owes me a written apology, especially since he sent copies to other persons beside me. In my opinion, I have always been very professional and helpful to Mr. Macgum throughout his effort to assist Mr. Alvarez. The letter from Mr. Macgum was very upsetting. Thank you for indicating that you would prepare a letter to forward to Mr. Macgum. Your attention to this matter is very much appreciated. Law Offices of ^hard^. Macgurn 15 CHESTNUT AVENUE. SUITE E3 ^ ^ ^^^S. CARLSBAD, CA 92008 ^ ^ (619) 729-7162 FAX (619) 729-2860 November 28, 1994 Debbie Fountain Senior Management Analyst City of Carlsbad 2965 Roosevelt St., Ste. B Carlsbad CA 92008-2389 Re: 2815 Jefferson Street, Carlsbad, CA APN: 203-110-29 Dear Ms. Fountain: This is in response to your letter of October 26, 1994 and your recent visit to my client's flower stand. I previously chose to ignore the hostile and rude tone of your letter, however your comments to my client during your visit to his stand necessitate a reply. When I was retained in this matter I arranged to meet with you on April 25, 1994 to discuss the City's requirements. Although you were cordial you seemed to have a very negative attitude towards Mr. Alvarez's desire to conduct his business within the Redevelopment District. I advised you that we fully intended to comply with the city ordinances and looked forward to receiving the cooperation of the City Planning Department and the Housing and Redevelopment Department. On June 8, 1994, we submitted our plans in considerable detail. I personally delivered the application to the City Planning Department with a cover letter and a business card. I advised the Planning Department if there was additional information they needed, to please contact me. Additionally, all of the maps that we prepared had my name and address on them. Unfortunately, the forms provided by the City do not provide a place for the name of the applicant's representative. Mr. Holzmiller's response to our application was dated July 6, 1994. However, since the response was directed to my client (who does not read or speak English), I was unaware of the request for additional information until August 24, 1994. Since that time we have been diligent in preparing the additional documentation requested. I currently have a meeting scheduled with Elaine Blackburn for December 1, 1994 to review what we have prepared to be certain that we comply with the city's request. Although Elaine Blackburn wrote to me on October 26, 1994, which I received on November 2, 1994, you also wrote me on October 26, 1994, which I received on November 3, 1994. The difference between the two letters is that your letter is rude and Debbie Fountain November 28, 1994 Page Two hostile. I am aware of what the time limits were within which to submit the completed documentation. I am sure you will agree that the documentation required is considerable. Although prior to submitting the application I was assured (and common sense would dictate) that an Environmental Impact Assessment Fom - Part 1 was not necessary, now one is being required. Although the nature of this project is certainly one that should not require many of the things needed for the large commercial projects, it seems that we are being treated as if we were constructing an office building, instead of operating a flower stand. The complexity of the application process for a redevelopment permit does not trouble me as much as your comments to my client. I am advised that you indicated to him that I was rude, presumably to you. You also indicated that you had a generally negative opinion of lawyers. If the comments are properly attributable to you, I suggest they are inaccurate, inappropriate and unprofessional. I also suggest that your letter and visit was designed to intimidate my client. Mr. Alvarez has a right to live and work in this city like all the other citizens of Carlsbad. I believe the City of Carlsbad has an excellent reputation for treating its citizens fairly. I am very concerned about your behavior and am copying this letter to Mr. Michael Holzmiller, Mr. Martin Orenyak, and Mr. Ronald Ball so they will be aware of the situation. If you continue to be rude and hostile or make additional efforts to intimidate my client during the application process, I will file a formal complaint against you. If your have any questions or wish to discuss this matter further, please contact me. RBM:cec cc: Silvino Alvarez Martin Orenyak Michael J. Holzmiller Ronald R. Ball # Law Offices of'Ricfuird'B. Macgurn 1015 CHESTNUT AVENUE, SUITE E3 December 1 1994 CARLSBAD. CA 92008 uecemoer i, xyy^ (619) 729-7162 FAX (619) 729-2860 Elaine Blackburn City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: RP 94-04 Alvarez Flower Stand, Minor Redevelopment Permit Dear Ms. Blackburn: I appreciated the opportunity to meet with you and Mr. Quan on November 29, 1994. Pursuant to the List of Items Needed to Complete Application attached to the July 6, 1994 correspondence from Michael Holzmiller and our meeting, I have made the following changes to the plans submitted on behalf of Silvino Alvarez in support of his application for a Minor Redevelopment Permit for his flowerstand: - The telephone numbers of the applicant, Mr. Alvarez, and the property owners, George and Betty Kelso, have been added to the General Information on Plan Sheet 2. - My name, address and telephone number, as Mr. Alvarez's representative, have been added to the General Information on Plan Sheet 2. - The Project Number (RP 94-04) has been added to the upper right hand corner of Plan Sheet 1 and 2. - Information regarding sizes/areas, written dimensions and scaled distances have been added, clarified or verified on Plans Sheets 1 and 2. - The zoning indicated on the Summary Table has been changed to V-R and the existing land use designation on the Table has been changed to RMH/O. - The Average Daily Traffic Generation figure has been changed to 17, which was determined during our meeting to be a more accurate figure, based on Mr. Alvarez's observations, than the figure (approximately 6) arrived at by using the latest version of the "Brief Guide to Vehicular Traffic Generation Rates for the San Diego Region" published by SANDAG. - An EIA, Part I has been prepared, but it is understood that the necessity for an EIA, Part II, and associated costs, may be waived after review. It has been confirmed that Mr. Alvarez utilizes drip irrigation and applies no pesticides or herbicides to his growing beds. - The property lines of the site have been clearly indicated. - The location of existing driveways on both this site and on adjacent properties have been identified. - The dimensions and location of the one proposed driveway has been indicated, including the 3 foot skirts and 12 foot minimum apron, and its proposed location has been shown, exceeding the minimum 3 foot clear distance from property lines. - A typical cross section of Jefferson Street has been added to Plan Sheet 2. - The existing street improvements on Jefferson Street have been identified on Plan Sheet 2. - The dimensions of the parking stall have been shown and a "U" driveway has been identified, showing the intended circulation pattern, the drive's gravel surfacing and clearance distances of the turnaround, from the flowerstand to the growing beds. - The fire hydrant located across the street at Jefferson's intersection with Home Street has been indicated. - All dimensions on the site plan have been checked and matched with the indicated scale of 3/32" = 1'. - The term "Constructed" has been replaced with either the term "Existing" or "Proposed" as it relates to the walls, fencing, driveways and vegetation. - The headings for the Elevations on Plan Seet 2 have been clarified and changed to read "West Elevation" and "North Elevation". Please contact me prior to December 8, 1994 if you have further questions or require additional information. If there are minor corrections or additions needed, perhaps they could be handled as "issues" as you suggested. I look forward to your advising me that our Application is complete. Thank you for your continued courtesy and cooperation in this matter. Richard B. Ma RBM: eg cc: Silvino Alvarez CITY OF CARLSBAD PLANNINQ DEPT.