The URL can be used to link to this page

Home My WebLink AboutAgenda Report - October 16, 2002 G-01 PHCOUNCIL• I • AGENDA TITLE: Continue public hearing until December 18, 2002 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: October 16, 2002 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council continue the public hearing until December 18, 2002 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. FUNDING: None required f �onradt artlam LCommunity Developme t it ctor KBnW Attachment APPROVED: K41-4 /-- H. Dix Flynn -- eity anager 0219.doc 10/09/02 Received Fax : OCT 08 2002 3:23PM Fax Station : CITY OF LODI P . 2 OCT.-06'02(TUE) 15:27 NEUMILLER & BEARDSLEE TEL:209 996 4910 P. 002 �%�`�� NEUMiL.LER SL BEAliDS1.EE ` ,/6 5(/ A NorwioNxi. Coapop=IoN . A•rroiwim bt COUMOSS l;sma n 1903 Anthonyl.. Vignola 11094-28243 509 WEFT WEEEE AVENUE October 8, 2002 Plrrn PwoE STOCKIOH, CA 95203 POST OFFICE box 20 STOCICroN, CA 95201-3020 Via U -S. Mail and Fax (209) 948.8200 (209) 946-4910 W Lisa Wagner PEOMMODUTo: Community Development Dept. (209) S77.4200 City of Lodi (209) 577.4910 FAx P.O. pox 3006 Lodi, CA 95241-1910 Re: Legends Unlimited, Inc./Appeal Hearing for Revocation of 1190 Permit Dear Me. Wagner: Pursuant to our telephone conversation of October 7, 2002, this is to confirm that, on behalf of my client, Legends Unlimited, Inc., I will be requesting that the Lodi City Council grant a continuance of the appeal hearing, curTently 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 transferred 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 City Council's meeting of Aecember 18, 2002. Pursuant to the agreement executed with the new 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 I 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 Received Fax : OCT 08 2002 3:23PM Fax Station : CITY OF LODI Q . 3 OCT.-08'02(TUE) 15:28 NEUMILLER & BEARDSLEE Lisa Wagner October 8, 2D02 Page 2 TEL:209 948 4910 P.003 If you have any questions, please do not hesitate to contact me. Very tnily yours, T ANTHONY L. VIGNOLO Attorney -at -Law ALV:cln (� - e_ v ` o 346006.1 CITY OF LODI NOTICE OF CONTINUED PUBLIC HEARING Date: OCTOBER 16, 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 August 21, 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, October 16, 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 August 22, 2002 SUSAN X. BLACKSTON CITY CLERK of the City of Lodi J:ICITYCLRK\PUBHEARWOTICES\Notoontpost.doc W0102 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 August 22, 2002 1 posted "NOTICE OF CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF LODI TO CONSIDER CONTINUED PUBLIC HEARING TO OCTOBER 16, 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: ORDERED BY: August 22, 2002 (Date Posted - Must be within 24 hours) JACQUELINE L. TAYLOR DEPUTY CITY CLERK PUBHEAR/NOTICE/NOTCONf DECPOST. DOC ORDERED BY: SUSAN J. BLACKSTON CITY CLERK OF THE CITY OF LODI PATRICIA OCHOA ADMINISTRATIVE CLERK JENNIFER M. PERRIN DEPUTY CITY CLERK W70 - U6 DECLARATION OF POSTING CONTINUED PUBLIC HEARING TO OCTOBER 16, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED. On Thursday, August 22, 2002 in the City of Lodi, San Joaquin County, California, a copy of the continued Public Hearing to consider appeal regarding Legends Unlimited (attached hereto, marked Exhibit "A") was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on August 22, 2002 at Lodi, California. ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor Deputy City Clerk Jennifer M. Perrin Deputy City Clerk Patricia Ochoa Administrative Clerk forms\decpost.doc 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 cityclrk@lodi.gov Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA. 95201-3020 August 22, 2002 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney MAILED CERTIFIED MAIL #7000 1670 0008 4483 0923 AND REGULAR U.S. POSTAL DELIVERY RE: CONTINUED PUBLIC HEARING — OCTOBER 16, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED, INC. This letter is to notify you that the public hearing on August 21, 2002 was opened and continued to Wednesday, October 16, 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 CIO 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, 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/PO cc: Jacqueline Brown, Legends Unlimited Community Development Director pubhear/notices/LappealLtrcontinued.doc . ' DECLARATION OF MAILING LETTER TO APPELLANT CONTINUED PUBLIC HEARING TO OCTOBER 16, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCATION, LEGENDS UNLIMITED On August 22, 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 GB" 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 August 22, 2002, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CL PATRICIA OCHOA— ADMINISTRATIVE CLERK decmailltr/fomes ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK CH Y Op Lovi CITY HALL, 221 W. PINE ST. P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 CITY OF LODI CITY HALL, 221 W. PINE ST. P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 t Anthony L. Vignolo, Attorney at Law Neumiller & Beardslee P.O. Box 20 Stockton, CA. 95201-3020 Jacqueline Brown cto Legends Unlimited, Inc. 27 West Elm Street Lodi, CA 95240 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, C --:: -- �-� � % ��,> � � � Susan J. Blackston City Clerk SJB/JLT cc: Jacqueline Brown, Legends Unlimited Community Development Director pubhear/notices/Lappeal Ltrcontinued.doc DECLARATION OF MAILING LETTER TO APPELLANT CONTINUED PUBLIC BEARING TO DECEMBER 13, 2002 TO CONSIDER APPEAL REGARDING USE PERMIT 99-02 REVOCACTION. LEGENDS UNLEMTED 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 pedury that the foregoing is true and correct. Executed on October 17, 2002, at Lodi, California. ORDERED BY: PATRICIA OCHOA ADMINISTRATIVE CLERK forms/DecMailUr.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 forms/DecMailLtr.doc CITY OF LODI 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. B'LACKSTON CITY CLERK of the City of Lodi J:tCITYCLRKIPUBHEARWOTICESVJotwntpost.doc 10/16/02 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 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/Notice/NotContDoePost.doc ORDERED BY: SUSAN J. BLACKSTON CITY CLERK OF THE CITY OF LODI PATRICIA OCHOA ADMINISTRATIVE CLERK JENNIFER M. PERRIN DEPUTY CITY CLERK ,IK�6NEUMILLER St BEARDSLEE A NoFF3. omL CoseoPAnox . AlToRmYs & CouNsmoRs Anthony L. Vignolo 509 WFsT WEBER AvENOH FIFTH FLOOR McKwN, CA 95203 Posy OFFICE Box 20 SmcnoN, CA 95201-3020 (209) 948-8200 (209) 9484910 FAX FROM MODEM. (209) 577-8200 (209) 577-4910 FAX October 9, 2002 Via Fax and U.S. Mail Councihmembers Lodi City Council c/o City Clerk's Office P.O. Box 3006 Lodi, CA 95241-1910 RECEIVED OCT 1 1 2002 City CferY- City of Lodi Re: Appeal of Planning Commission Decision/ Revocation of Use Permit of Legends Unlimited, Inc. Dear Councilmembers: ZCI"C rcD ^EUD FIN �FD ESTABLISHED 1903 11094-28243 HR _IS _LIB PR �PD PW COM My client, Legends Unlimited, Inc. ("Legends"), is respectfully requesting a continuance of the hearing on the above -referenced matter, currently scheduled for October 16, 2002, to a date certain of December 18, 2002. Last week, Jackie Brown, sole shareholder of Legends, entered into a contract for the purchase and sale of the assets of Legends with Bruce Viel and John Denigris. Mr. Denigris is the current owner of the Habanero Hots restaurant in Lodi, and intends on renovating the kitchen and restaurant facilities of Legends. Pursuant to the purchase agreement, Legends will cease operations beginning October 11, 2002 and will be closed until the close of escrow for the sale of the assets and liquor license. Pursuant to requirements of the Department of Alcholic Beverage Control, close of escrow for the assets must coincide with the close of escrow for the liquor license, which cannot occur for approximately 30 - 45 days from the date that the application to transfer the liquor license is submitted. Accordingly, the parties expect that escrow will close on or before December 18, 2002. For obvious reasons, my client does not wish to withdraw the pending appeal until escrow for the sale of the assets and liquor license closes and the transfer is completed. In light of the foregoing, and considering that Legends will not be operating after October 11, 2002, we hope that the Council agrees that my client's 346067-1 Councilmembers October 9, 2002 Page 2 request for a continuance of the above -referenced appeal hearing to a date certain of December 18, 2002, is appropriate. Although I will be on vacation during the week of October 14, 2002, an attorney from this office will be attending the hearing on October 16, 2002 to address any questions that the Council may have regarding my client's continuance request. In the meantime, if you have any questions or concerns, please do not hesitate to contact me. The Council's continuing patience and cooperation is appreciated. Very truly yours, _C"c o ANTHONY L. VIGNOLO Attorney -at -Law ALV:cln 346067-1