HomeMy WebLinkAboutAgenda Report - July 1, 1981 (34)-----� •�. Laura Bainbridge, Attorney -at -Law, represent -
ESTATES MOBILE ing the owners of the Almond Drive Estates Mobile
PARK REQUESTS Park, addressed the Council requesting the instal -
RE DRIVEWAY lation of a 60 - 70 foot wide driveway at the
INSTALLATION entrance to their
property.
the events leadingtobrief
thisrequestwaslmadeyf
by
Ms. Bainbridge.
Following a lengthy discussion, with questions
being directed to Staff, Ms. Bainbridge and the
property owner- who was also in the audience,
Council, on motion of Councilman Hughes, McCarty
second, granted the installation of a 35'
J driveway for Almond Drive Estates Mobile Park,
t which installation could be expanded.upon the
determination of the Public Works Director if
he determines that 35' would create a hardship.
Staff is to check with other Cities and Casa de
Lodi regarding policies for driveways for sucr
installations.
Councilman Pinkerton asked to abstain from voting
on the matter because he felt the Council did
not have sufficient facts in the matter.
The motion carried by the following vote:
Ayes: Councilmen - Fughes and McCarty
Noes: Councilmen - Murphy
Abstain: Councilmen - Pinkerton
Absent: Councilmen - Katnich
JROSCINIT 9, STENNrELS
ELLEN A. eA1NSRt06E
(Or COUNSEL)
J. ANTHONY A&GOTT
ASSOCIATE
City of Lodi
Lodi City Hall
221 W. Pine St.
Lodi, California
BAINBRIDGE & STERNFELS
�{ ATTORN'EEYS AT LAW
'J
Au,FfySI1IOC1 gr,ON
95240
C
0010I
1101 WEST TODAY STQEET, SUITE 4
LODI,CAurowNiA SS240
TELVHONE (209) 334.3777
Attention: Henry Glaves, City Manager
Re: Almond Drive Estates Mobile Park Driveway
Dear Sir:
As you are well aware, on July 13, 1981, we
applied to the San Joaquin Superior Court for a temporary
restraining order restraining the construction of the
proposed driveway in front of Almond Drive Estates. The
temporary restraining order was granted, contingent upon
Mrs. Semas securing a $10,000.00 bond. While we were
attempting to secure the necessary bond, the City of Lodi
completed the driveway.
We are outraged that the City of Lodi, knowing
that a restraining order was being sought, would race to
complete the driveway before the bond could be secured.
As a result, the restraining order granted to our client
became ineffectual.
This is to advise you that the driveway and
sioewalk as constructed present a clear and present
danger to motorists and pedestrians going in and out of
the Almond Drive Estates. A motorist driving on the
mobile park roadway to the street faces the distinct
possibility of driving over the sidewalk and off the curb
instead of going through the driveway. This could result
in both damage to the car and personal injury. Injury
could also occur to a pedestrian walking on the mobile
park road to the street.
Since the city has created the danger by
constructing a 35 -foot driveway into approximately an
JUL 171981
City of Lodi
July 16, 1981
Page 2
80 -foot road, you are hereby notified that we will hold
the City liable and seek indemnity from the City for any
liability our client might incur as a result of the
dangerous condition.
Very truly yours,
Laura E. Bainbridge
BAINBRIDGE h STERNFELS
LEB
cc: Lodi City Council
Ron Stein, Lodi City Attorney
Betty Semas
0010I
U
CITY CAOUNCiL
JAMES A McCARTY. Mayor
ROBERT G MURPHY, Mayor Pro Tem
RICHARD L HUGHES
WALTER KATNICH
IAMES W PINKERTON, It
July 16, 1981
N
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
POST OFFICE BOX 320
LOD1. CALIFORNIA 95241
(209) 334.5634
Ms. Laura Bainbridge
Bainbridge & Sternfels
A Professional Corporation
1101 West Tokay Street
Suite 4
Lodi, California 95240
Re: Betty Semas vs. City of Lodi et al
Dear Laura:
HE NRY A CLAW S. Ir
City Manager
ALICE M RE IMCHE
City Clerk
RONALD M STEIN
City Attorney
As per our telephone conversation of July 16, 1981, I
am writing to ask you to discuss with Betty Semas the
possibility of your setting up an experiment at the
Almond Drive Estates site to confirm Mrs. Semas' con-
tention that she is in need of larger than a 35 -foot
driveway.
I would hope that said experiment can take place in
the next two weeks so that we can perhaps resolve the
issue regarding the driveway.
I hope to hear from you in the very near future. Thank
you.
Sincerely yours,
RONALD M. STEIN
CITY ATTORNE'✓.
RMS :vc
CC: City Manager
City Clerk
Public Works Director
CITY COUNCIL
TAME% A M<CARTY, Mayor
ROBF R T G MURPHY. Mayor Pro Tem
RICHARD I HUCHES
WALTER KATNICH
FAMES W PINKERTON, If
r
t.
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
POST OFFICE BOX 320
LODI. CALIFORNIA 95241
(209) 334-5634
July 9, 1981
Almond Drive Estates
471 Almond Drive
Lodi, CA 95240
Gentlemen:
HENRY A C ILAVI S. If
City ManaKer
ALICE M RE- IMCHE
City Clerk
RONALDM STEIN
City Attorney
This letter will confirm the action taken by the
Lodi City Council at its regular meeting of July 1,
1981 following '-.he presentation by you and your
attorney, Ms. jainbridge.
The Lodi City Council granted the installation of
a thirty-five foot driveway for Almond Drive
Estates Trailer Park, which installation could be
expanded upon the determination of the Public Works
Director if he determines that thirty-five feet
would create a hardship.
Further, the City Staff is to check with other cities
and with Casa de Lodi regarding policies for drive-
ways for such installations.
Should you have any questions regarding this action,
please do not hesitate to call this office.
Very truly yours,
alzev
Alice M. Reimche
City Clerk
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