A. Area Defined. The specific portion of Main Avenue within the city, which is the subject of this section, is described as follows: five hundred (500) feet west of Pell Drive, to a point approximately six hundred (600) feet west of Kelton Way, at the westerly terminus of the raised median island.
B. Restriping to Provide Temporary Two-Way Access. The defined area shall be restriped in such a manner as to provide temporary two-way access to properties fronting along the portion of Main Avenue which is within the defined area. Such other traffic control and warning signs and devices as in the judgment of the traffic engineer are appropriate, if any, shall also be installed.
C. Access Strictly Temporary. The two-way access provided for in this section shall be temporary, and shall establish no property rights or other compensable interest in the property adjacent to the defined area of Main Avenue, or in the present, past or future owners thereof. In the event that this section is repealed or other action is taken pursuant to the provisions of this chapter to terminate the temporary access, such action shall not be deemed to be taking or reduction or other alteration of the property rights of the properties adjacent to the defined area of Main Avenue, or the owners thereof.
D. Conditions. The city shall not take the action specified in subsection B of this section, unless each of the following conditions has been fully satisfied:
1. The requirements of the California Environmental Quality Act have been met with respect to the redesign of the defined area of Main Avenue.
2. The city council has approved the redesign project, based upon a complete report to the council from the director of public works, and the traffic engineer.
3. Each landowner of property adjacent to Main Avenue within the defined area shall have executed a written agreement with the city in a form satisfactory to the city attorney, in which each such owner agrees that the two-way access provided by this section is temporary and confers no property right whatsoever; that in the event of termination of two-way access pursuant to this section, there is no right to compensation for loss or diminution of access, or any loss or damage associated therewith; that the agreement shall be executed in such form as to be recordable in the office of the county recorder, and binding upon all successors in interest; that the city has the right to terminate the temporary access in accordance with the provisions of this section; that the landowner shall indemnify and defend the city against any and all claims of loss, injury or damage arising out of or related to the project and its design; and such other terms and conditions as the city may require in the agreement.
E. Termination. The city may, in its sole and exclusive discretion, without the necessity of a hearing or any specific notice to landowners adjacent to the defined area of Main Avenue, or to any other person or entity, terminate the temporary access provided for this section when any one or more of the following conditions exist, in the sole and exclusive judgment of the city:
1. Traffic safety problems or issues have arisen which, in the city's judgment, require termination of the temporary two-way access;
2. Traffic volumes along the defined area of Main Avenue exceed twenty-five thousand (25,000) vehicles per day;
3. Any one or more of the landowners of property fronting along the defined area, and who has executed or is bound by the agreement specified in subsection D of this section, has breached the agreement.
Termination of temporary two-way access provided in accordance with this section shall be accomplished by an ordinance repealing this section. (Prior code § 38.01.021-3)