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Home My WebLink AboutAgenda Report - December 18, 2002 G-01 PH� Q COUNCILCITY OF LODI • i • LL </FORS` AGENDA TITLE: Continue Public Hearing until January 15, 2003 to consider the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No. 99-02 for Legends Unlimited MEETING DATE: December 18, 2002 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council continue the Public Hearing until January 15, 2003 to consider the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No. 99-02 for Legends Unlimited. BACKGROUND INFORMATION: As the City Council may recall, this item was continued from your meeting on October 16, 2002. At that time, a letter was submitted on behalf of Legends by their Attorney Anthony Vignolo. Since that time a new entity has been working toward the acquisition of the business with the intent of opening a new restaurant at this location. Legends has been closed during this time period. At the time of the preparation of this memorandum, the transfer of the Alcoholic Beverage Control License had not been completed. I have been told that the completion is near and therefore would recommend one further continuance to January 15, 2003. Once the license is transferred, the appeal will be withdrawn as it no longer applies to the new owner. FUNDING: None required Konradt Bartlam Community Development Director KBllw Attachments APPROVED: Flynn -- City Manager 0219.doc / Y 12/11/02 ,�,1656 NEUMILLER & BEARDSLEE A honmONAL CORPORAnoN • ATTORNEYS & Common ERIC I NIMS 509 Wm Wun AvENUE December 11, 2002 FwH FLOOR STocmN, CA 95203 PosT OFFICE Box 20 STocxroN, CA 95201-3020 Konradt Bartlam (209) 9484200 Community Development Director (209) 948.4910 FAX 221 West Pine Street FROPost Office Box 3006 (209)) 577-8 s77-s20o (209)577-4910FAX Lodi, California 95241-1910 Re: Legends Unlimited, Inc. Dear Mr. Bartlam: Esrnusm 1903 11094/28243 Thank you for your cooperation in addressing our client, Legends Unlimited, Inc.'s issues concerning its December 18, 2002 scheduled appeal before the City of Lodi's Planning Commission. This letter is to confirm your offer, in light of the pending close of escrow of Legends' personal property (including its liquor license), to recommend that the Planning Commission continue Legend's appeal of the decision to revoke its use permit from December 18, 2002 to January 15, 2003. Should you have any questions regarding this matter, please call me. Very truly yours, ERIC J. NIMS Attorney at Law EJN:Ilz 349017-1 OCT.-08'02(TUE) 15:21 NEUMILLER & BEARDSLEE TEL1948 4910 P.002 f�///v NEUMI LLER & BEARDSLEE `k1 / V A Paoilp 31omm. Comma==. Arrolwns & CovKmou Psi' "Heu 1903 -4nlhony L. Vignoio 11094-28243 509 WM W W6S AMUS October 8, 2002 FC" F=w Srocxmrt, CA 95303 rosy 0MC! Box 20 sTocrrow, CA 952in-3020 Via V S. Mail and Fax (209) 940-6200 (209) 946.4910 FAx Lisa Wagner VOOMMooQM Community Development Dept, (209) S77 -AIN City of Lodi (200) S77-4910rAx 'P.O. pox 3006 Lodi, CA 95241-1910 Re: Legends Unlimite4. Inc./Appeal Hearing for Revocation of Use Permit Dear Me. Wagner: Pursuant to our telephone conversation of October 7, 2002, this is to confirm that, an behalf of my client, Legends Unlimited, Inc., I will be requesting that the Lodi City Council grant a eontinumce of the appeal hearing, currently scheduled for October 16, 2002, for the above -referenced matter. As we discussed, the close of escrow for the sale of the business can only occur, pursuant to the requirements of the Department of Alcoholic Beverage Control, on or after the date on which the liquor license is transfen-ed to the buyer. Thus, in light of the 30 - 60 day time period necessary to effectuate a transfer of liquor license, I will specifically be requesting that the hearing regarding the above -referenced matter be set for the Cily Council's meeting of December 18, 2002. Pursuant to the agreement executed with the now buyer, Legends will not be operating after October 11, 2002. I will also formally make the foregoing continuance request to the City Council by written letter. As 1 will be on vacation during the week of October 14, 2002, another attorney from this office will be appearing at the hearing on October 16, 2002 to address any questions that the City Council may have regarding the continuance request. 346006.1 OM-08'02(TUE) 15:28 NEUMILLER & BEARDSLEE Lisa Wagner October 8, 2002 Page 2 TEL:209 948 4910 P.003 If you have any questions, please do not hesitate to contact me. Very Mily yours, ANTHONY L. VIGNOLO Attomey-at-Law ALV:cIn = e—47 346006-1 CITY COUNCIL PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 citycirk@lodi.gov Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA. 95201-3020 October 17, 2002 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney MAILED CERTIFIED MAIL #7002 0860 0004 0501 4771 AND REGULAR U.S. POSTAL DELIVERY RE: CONTINUED PUBLIC HEARING — DECEMBER 18, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED. INC. This letter is to notify you that the public hearing on October 16, 2002 was opened and continued to Wednesday, December 18, 2002, at 7:00 p.m., or as soon thereafter as the matter can be heard, at the Carnegie Forum, 305 W. Pine Street, Lodi. The hearing is being held to consider your appeal on behalf of Legends Unlimited, Inc. and owner Jacqueline Brown, of the Planning Commission's decision on July 10, 2002 to revoke Use Permit No. 99-22. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in c% the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street Lodi, Califomia. Should you have any questions, please contact Community Improvement Director Rad Bartlam in the Community Development Department at (209) 333-6823. Sincerely, Susan J. Blackston City Clerk SJB/JLT cc: Jacqueline Brown, Legends Unlimited Community Development Director pubbear/notices/LappealLtrcontinued.doc DECLARATION OF MAILING LETTER TO APPELLANT CONTINUED PUBLIC HEARING TO DECEMBER 18, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT "-02 REVOCACTION, LEGENDS UNLEWTED On October 17, 2002, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, and additionally, United States certified mail envelopes with first-class postage prepaid thereon and indication of return receipt requested, containing a letter of notification, a copy of which is attached hereto, marked Exhibit "A°; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 17, 2002, at Lodi, California. ORDERED BY: PATRICIA OCHOA ADMINISTRATIVE CLERK forms/DecMailUndoc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK MAILING LIST APPEAL OF PLANNING COMMISSION DECISION, LEGENDS UNLIMITED Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA 95201-3020 Jacqueline Brown c/o Legends Unlimited, Inc. 27 West Elm Street Lodi, CA 95240 forms/DecMailUndoc CITY OF LORI NOTICE OF CONTINUED PUBLIC HEARING Date: December 18, 2002 Carnegie Forum 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact. Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that the October 16., 2002 public hearing of the City Council of the City of Lodi to consider public comments / testimony regarding an appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No.99-02 for Legends Unlimited, has been continued to Wednesday, December 18, 2002, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in the Lodi City Council Chambers, Carnegie Forum, 305 W. Pine Street, Lodi, California. Posted October 17, 2002 SUSAN J. 13LACKSTON CITY CLERK of the City of Lodi J:\CITYCLRK\PUBHEAR\NOTICES\Nolcontpost.doc 10/16102 DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI 1, Susan J. Blackston, hereby certify that on October 17, 2002 1 posted "NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI TO CONSIDER CONTINUED PUBLIC HEARING TO DECEMBER 18, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED", near the Council Chamber door; that said Notice remained posted until after the hour set for said hearing, as shown on said Notice. A copy of said "NOTICE OF CONTINUED PUBLIC HEARING' as posted near the Council Chamber door, is shown on the attached and is made a part of this Certificate of Posting. Dated: October 17, 2002 (Date Posted - Must be within 24 hours) ORDERED BY: Pubhear/Noticc(NotContDecPost.doc ORDERED BY: SUSAN J. BLACKSTON CITY CLERK OF THE CITY OF LODI PATRICIA OCHOA ADMINISTRATIVE CLERK JENNIFER M. PERRIN DEPUTY CITY CLERK ' •. CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: January 15, 2003 Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that the December 18, 2002 public hearing of the City Council of the City of Lodi to consider the appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commissinn's decision to revoke Use Permit No.99-02 fir Legends Unlimited was opened and continued to Wednesday, January 15, 2003, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, in the Lodi Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California. Information regarding this item may be obtained in the office of the Community Development Director, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: Susan J. Blackston City Clerk Dated: December 19, 2002 Approved as to form: Randall A. Hays City Attorney J:\CITYCLRKIPUBHEARWOTICES%Noftftdoc 12!19!02 •. CITY OF LODI NOTICE OF CONTINUED PUBLIC HEARING Date: January % 2003 `* Carnegie Forum 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING NOTICE IS HEREBY GIVEN that the December 18, 2002 public hearing of the City Council of the City of Lodi to consider public comments I testimony regarding an appeal from Neumiller & Beardslee, on behalf of Legends Unlimited, regarding the Planning Commission's decision to revoke Use Permit No.99-02 for Legends Unlimited, has been continued to Wednesday, January 15, 2003, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard in the Lodi City Council Chambers, Carnegie Forum, 305 W. Pine Street, Lodi, California. Posted December 19, 2002 SUSAN J. BLACKSTON CITY CLERK of the City of Lodi J:ICITYCLRMPUBHEARWOTICESWotcontpost.doc 12/18/02 CITY COUNCIL SUSAN HITCHCOCK, Mayor EMILY HOWARD Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN KEITH LAND CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 cityclrk@lodi.gov December 19, 2002 Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA. 95201-3020 H. DIXON FLYNN City Manager SUSAN 3. BLACKSTON City Clerk RANDALL A. HAYS City Attorney MAILED CERTIFIED MAIL #700011670 0008 4483 0732 AND REGULAR U.S. POSTAL DELIVERY RE: CONTINUED PUBLIC HEARING — JANUARY 15, 2003 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED. INC. This letter is to notify you that the public hearing on December 18, 2002 was opened and continued to Wednesday, January 15, 2003, at 7:00 p.m., or as soon thereafter as the matter can be heard, at the Carnegie Forum, 305 W. Pine Street, Lodi. The hearing is being held to consider your appeal on behalf of Legends Unlimited, Inc. and owner Jacqueline Brown, of the Planning Commission's decision on July 10, 2002 to revoke Use Permit No. 99-22. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in CIO the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Cleric at 221 West Pine Street, Lodi, California. Should you have any questions, please contact Community Improvement Director Rad Bartlam in the Community Development Department at (209) 333-6823. Sincerely, Susan J. Blackston City Clerk SJB/JLT cc: Jacqueline Brown, Legends Unlimited Community Development Director pubhear/nodcewlAppealLircontinued.doc . ' DECLARATION OF MAILING LETTER TO APPELLANT CONTINUED PUBLIC HEARING TO JANUARY 15, 2003 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCACTION, LEGENDS UNLBIMD On December 19, 2002, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, and additionally, United States certified mail envelopes with first-class postage prepaid thereon and indication of return receipt requested, containing a letter of notification, a copy of which is attached herctc, mmadked Exhibit "A' said envelc;,a:, , c: a &4dressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on December 19, 2002, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK f I ATRICIA OCHOA ADMINISTRATIVE CLERK fomz/DecMai1Ltr.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK MAILING LIST APPEAL OF PLANNING COMMISSION DECISION, LEGENDS UNLIMITED Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA 95201-3020 Jacqueline Brown c/o Legends Unlimited, Inc. 27 West Elm Street Lodi, CA 95240 fbnns/DecMailL r.doc DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI I, Susan J. Blackston, hereby certify that on December 19, 2002 1 posted "NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI TO CONSIDER CONTINUED PUBLIC HEARING TO JANUARY 15, 2003 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED", near the Council Chamber door; that said Notice remained posted until after the hour set for said hearing, as shown on said Notice. A copy of said "NOTICE OF CONTINUED PUBLIC HEARING" as posted near the Council Chamber door, is shown on the attached and is made a part of this Certificate of Posting. Dated: ORDERED BY: December 19, 2002 (Date Posted - Must be within 24 hours) JACQUELINE L. TAYLOR DEPUTY CITY CLERK Pubhear/Notice(NotContDoePost.doc ORDERED BY: SUSAN J. BLACKSTON CITY CLERK OF THE CITY OF LODI ATRICIAOCHOA ADMINISTRATIVE CLERK JENNIFER M. PERRIN DEPUTY CITY CLERK