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HomeMy WebLinkAboutReso 1988-13538 RESOLUTION NO. 13538 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SAN DIEGO TRUST AND SAVINGS BANK FOR THE INSTALLATION AND MAINTENANCE OF TRAFFIC CONTROL FACILITIES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista, hereinafter referred to as "CITY", adopted the Environmental Impact Report for the Town Centre II Redevelopmerit Project which states that traffic control measures are to be instituted on Fig Avenue to prevent an increase of vehicle traffic on Fig Avenue; and, WHEREAS, CITY desires to have traffic control facilities installed on Fig Avenue north of Shasta Street to prevent vehicle through traffic on Fig Avenue between H Street and I Street; and, WHEREAS, San Diego Trust and Savings Bank desires to have said traffic control facilities installed so as to allow bank access to Fig Avenue both north and south of the traffic control facilities; and, WHEREAS, CITY and San Diego Trust and Savings Bank are mutually desirous of entering into an agreement to specify terms of the responsibilities of CITY and San Diego Trust and Savings Bank in regards to installation and maintenance of aforementioned traffic control facilities and traffic control facilities to be located on the premises of San Diego Trust and Savings Bank, a copy of said agreement being attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves an agreement with San Diego Trust and Savings Bank for the installation and maintenance of traffic control facilities. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is authorized to execute said agreement. Presented by Approved as to form by Community Development Director City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF C,,dLA VISTA, CALIFORNIA, this 26th dOy Of. APril 19 88 , by the following vote, to-wiL AYES: Councilmembers cox, McCandliss, Moore NAYES: Councilmembers Malcolm, Nader ABSTAIN: Councilmembers None ABSENT: Counci 1 members None , ~Chula Vista ATTEST ~" -,- City C,~rk( ..... ~ S,.. E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 13538 ,and that the some has not been amended or repealed DATED  City Clerk CIIY OF CHULA VISTA CC-660 EXHIBIT A L_. RESULTS OF FIG AVENUE AREA RESIDENTS' SURVEY ~! February, 1988 question I San Diego Trust and Savings Bank's proposal to maintain control of the after hours traffic in their parking lot? Responses 18--It sounds O.K. to me. lO--Needs more control. question 2 The location and configuration of the Fig Avenue traffic barrier? Responses 27--I haven't changed my mind. I still want to block the Bank's traffic onto Fig Avenue and Shasta Street. 1--I've changed my mind. It's O.K. to funnel the Bank's traffic onto our streets. O--I really don't care what happens. Comments to I and 2 -City will do whatever it wants, regardless of resident's input. -Want the proposed cul-de-sac (3 responses). -Keep current barricade location, but also block bank's driveway south of the barricade. -Let bank customers use driveway east of Sears. ,. question 3 Should parking in the residential area be restricted or controlled ekcept for local residents? Responses 31--I like the idea of controlling the parking in our neighborhood. Let's issue "Residents Only" permits. O--I don't like the idea of keeping Bank and Hospital employees from parking in front of our homes. Don't issue "Resident Only" permits. O--I really don't care one way or the other about "Resident Only" parking permits. Comments to 3 -Open up Fig Avenue. -Also give permits to visitors of residents. -Paint lines to show parking spaces so people won't take up two spaces with one vehicle. -Sears tells their employees to park on the streets when they have sidewalk sales. EX. Hi! iT B ESTABLISHED 1889 LEGAL DEPARTMENT 530 BROADWAY I SUtTE 1208 ~ SAN DI EGO, CA 92101 ~ (619) 238-2119 April 18, 1988 'Honorable City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Re: Fig Avenue Closure Dear Mayor Cox and Honorable Members of the City Council: This is to respectfully advise you that San Diego Trust & Savings Bank's opposes the suggestion made at the April 5, 1988 City Council meeting that vehicular access be provided to it through the Sears parking lot, in lieu of the Bank's current southern- most driveway. The Bank strongly urges maintaining the present barricade configuration. After the April 5 Council meeting, I rechecked with my client's marketing staff who do research on such matters to assure that the Bank was not overlooking what had been characterized by some as a "golden opportunity", which supposedly could actually increase the Bank's business. I. Convenience to Customers As you can appreciate, as an institution with 48 branches and over 100 ATM installations, the Bank performs a significant amount of marketing research regarding the placement of its facilities. As such, it has certain information available to it regarding those factors which make a successful bank branch loca- tion. (The Chula Vista branch is one of the Bank's very success- ful locations.) Contrary to what you might believe, those branches located in successful major shopping centers have proved disappointing, being less productive than those branches which are not so located. A recent survey was conducted by the marketing staff of Bank customers who had opened new accounts. One of the questions was: "What was the major reason you chose to open a checking account with San Diego Trust?" The most common reason cited by 42% of the respondents was that: "The branch is convenient to my home/work." (emphasis added) The next most popular reason was: "The 7/24 ATM machines are convenient for me." The fifth most popular reason was that they were "happy with San Diego Trust's other products and services." Obviously these responses belie Honorable City Council April 18, 1988 Page 3 Shasta and southbound Fig, by denying access through the southern-most drive, would be an enormous taking of Bank pro- perty, and an enormous harm to my client. III. Premises Liability Separate and apart from the marketing and safety considerations, which strongly suggest that forced Sears parking access would be .devastating to the Bank's business, there is an issue of premises liability which has yet to be addressed. As I am sure the City is painfully aware, the owner and occupier of land may be held liable for injuries occurring on its premises. Whether or not the premises have been negligently designed or maintained, the land owner is all too frequently the defendant in lawsuits filed by people who may have fallen, been involved in an accident or were otherwise injured. The City proposal to allow through access between the Sears parking lot and the Bank's, i.e., to turn the Sears parking lot into an alternative city street, would impose enormous premises liability. I am sure that neither the Bank nor Sears is interested in having its premises open to lia- bility claims by non-customers. While certainly a risk of doing business is that one's own customers may be injured on one's premises, my client has no interest in assuming liability for other customers of the shopping center who may choose to trans- verse the Bank's lot, perhaps even injuring a Bank customer. As such, the Bank can, in no way, acquiesce to this taking by turn- ing the parking lot into an alternative to the city street. IV. Present Solution is the Least Adverse Alternative Some of the Bank's immediate neighbors are unhappy that over the past 20 years there may have been an increase in the amount of traffic on their streets. However, one must bear in mind that the whole purpose of considering a closure on Fig Avenue is to mitigate the impact of the closure of 5th Avenue. Even the tem- porary barrier which is presently in place has admirably perform- ed its mitigation functions. In fact, the City traffic counts have repeatedly shown that the traffic on Fig Avenue has been reduced by 40% from the levels prior to the Fifth Avenue closure. Furthermore, the traffic counts on Shasta remain con- stant at an acceptable level for a residential street. Surely there is no public purpose met by destroying a viable enterprise and valuable property rights, when the public purpose of mitigat- ing traffic has already been fully met. V. Chula Vista Residents Prefer Present Location of Barricade While the Bank's immediate neighbors may be unhappy, it is re- spectfully pointed out that they represent a relatively small number of the citizens of the City of Chula Vista. When the City ~ II ~ ~ S HA S TA S TA'EE T I >~ + .... / . AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO TRUST & SAVINGS BANK TO INSTALL TRAFFIC CONTROL FACILITIES This Agreement, executed this 26th day of April, 1988, by and between D I and San iego Trust & Savings Bank, a California banking corporation, hereinafter referred to as ("BANK"). WITNESSETH WHEREAS, CITY has approved the vacation of Fifth Avenue, between "H" Street and "I" Street in Chula Vista; and, WHEREAS, CITY desires to prevent a significant increase in vehicle traffic on Fig Avenue, between "H" Street and "I" Street, as a result of the vacation of Fifth Avenue; and, WHEREAS, CITY has approved the installation of traffic control facilities on Fig Avenue between "H" Street and Shasta Street, to prevent vehicle traffic from passing between "H" Street and "I" Street on Fig Avenue; and, WHEREAS, BANK desires to have the traffic control facilities placed such that existing or replacement driveways at BANK site, located at 444 "H" Street in Chula Vista shall continue to provide access to BANK site from Fig Avenue both north and south of the cul-de-sac; and, WHEREAS, CITY and BANK are mutually desirous of preventing non-BANK customer vehicle traffic from using BANK site as a diversion route around the traffic control facilities on Fig Avenue in order to travel between "H" Street and "I" Street on Fig Avenue. NOW, THEREFORE, it is mutually agreed by and between CITY and BANK as fol 1 ows: 1. CITY will design, fund, install, and maintain traffic control facilities on Fig Avenue between "H" Street and Shasta Street. 2. The location of the traffic control facilities shall permit vehicular access to the northern BANK driveway by traffic traveling southbound on Fig Avenue. The traffic control facilities shall further be constructed to permit continued vehicular access to the existing southern BANK driveway by traffic traveling northbound on Fig Avenue and westbound on Shasta. 3. CITY will install and maintain a sign on Fig Avenue right-of-way within 30 feet of "H" Street to instruct motorists that Fig Avenue is not a through street, which sign has been installed. 4. BANK will fund, install and maintain two signs, one adjacent to its northern and southern driveway to instruct motorists that the BANK site is private property and is closed to through traffic, which signs have been installed. 5. BANK will fund, install and maintain a double row of concrete tire stops in BANK parking area between the two BANK driveways. Upon completion of the construction of the traffic control facilities, BANK will install and maintain landscaping between the rows of concrete tire stops. 6. BANK will fund, install and maintain a visible traffic barrier (hereafter "barrier") across its property to prevent through traffic from accessing southbound Fig Avenue during BANK'S non-business hours. The form, placement and materials of the barrier pursuant to this paragraph, shall be mutually agreed upon by representatives of the CITY and BANK. BANK shall be responsible to see that this barrier is in place during its non-operating hours. The bank's operating hours refer to the business conducted inside of the bank and not the automatic teller machine operation. Bank will be responsible for seeing that said barrier is in place on weekends, bank holidays, and otherwise between the hours of 6:30 p.m. and 8:30 a.m. 7. CITY shall be responsible for monitoring BANK compliance of the closure of the barrier. CITY shall designate appropriate CITY staff to inspect the barrier's closure during non-business hours at such intervals and times as CITY deems appropriate. 8. In the event that BANK fails to close the barrier during its non-business hours, BANK shall be subject to a $100 fine for each such violation. The fine shall be payable to CITY. 9. Should BANK be found to have committed six (6) barrier nonclosure violations during any consecutive twelve (12) month period, the fine per violation shall increase to $500 for each additional violation. One violation, for purposes of this Agreement, shall be the complete failure to place the barrier in place between the close of the branch's business day and the opening of the branch's next business day {i.e., once per night or once per weekend). After a 6-month period of no violations, the fine rate would revert to $100 per violation. 10. In case the barrier on BANK property is destroyed by vandalism, acts of God or forces majeure, BANK shall have a reasonable time to repair the barrier, and any such lapses shall not constitute a violation of this agreement. 11. Should there be a dispute over whether a barrier closure violation has occurred, the dispute shall be subject to binding arbitration during which City and bank will be represented at a staff level. The losing party in such a dispute, i.e., BANK or CITY, shall pay the costs of arbitration. In no event, shall attorneys' fees be recoverable in relationship to the enforcement of this contract by any party. 12. BANK agrees that it will not modify its drive-through banking facility in such a manner as to require the traffic leaving the drive-through banking facility to access southbound Fig Avenue. -2- 13. BANK further agrees that if it sell s its property or its leasehold, it will require any purchaser or sublessee to assume BANK'S obligations to the City of Chula Vista and its residents under this contract. 14. This agreement will be subject to modification if average daily traffic on Fig Avenue immediately south of Shasta Street exceeds 1000 average daily trips as determined by traffic counts of at least one week conducted by the City Engineer. Following completion of the Chula Vista Shopping Center said traffic counts will be taken by the City Engineer for two years at approximately three-month intervals and thereafter at approximately six-month intervals. If counted traffic exceeds 1000 average daily trips, the bank agrees to take measures to permanently close the parking lot to through vehicular traffic. 15. BANK and CITY agree that the residents of the neighborhood immediately surrounding BANK shall be third party beneficiaries for the limited purpose of enforcing barrier closure violations during non-business hours. 16. This Agreement and obligation to barricade BANK'S parking lot during non-business hours to southbound through traffic shall remain in effect for so long as the traffic control facilities remains in the location described in Exhibit "A". Should Fig Avenue be opened to through traffic, BANK and CITY shall be relieved of their obligations under this contract. BANK maintains its right to modify its parking lot configuration, provided that no through traffic onto southbound Fig Avenue shall be allowed during non-business hours. 17. BANK agrees to indemnify and hold harmless the City of Chula Vista against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of BANK or any of its officers, agents or employees related to the facilities installed by BANK pursuant to the Agreement. 18. CITY agrees to indemnify and hold harmless BANK against and from any and all damages to property or injuries to or death of any person or persons, including property, employees, agents and invitees of BANK, and shall defend, indemnify and save harmless BANK, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of CITY or any of its officers, agents, or employees related to this Agreement. -3- This Agreement may not be modified, amended or otherwise changed unless by amendment, in writing. Executed by the parties hereto. CITY OF C~A 2 ~ SAN DIEGO TRUST & SAVINGS BANK By: , GREGORY C , Mayor ~ ~ cHARLEs City of ul Vista Vice President '~ITY ATTORN~}/ WPC 3482H -4- EXHIBIT A ~ FILE NO. ~ WN BY: J~ Fig Avenue closure with Bank site traffic ~-/~-57 control measures. i OF '--- , CHULA VISTA C:OMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY MEETING NOTICE The City of Chula Vista will conduct a community informational meeting to discuss the closure of Fig Avenue and a proposed agreement with San Diego Trust and Savings Bank for traffic control facilities in the bank's parking lot. Copies of staff's recommendation to the City Council (for the meeting of April 26th) will be available for discussion. The results of recent traffic counts on Fig Avenue and Shasta Street will also be presented. You areinvited to participate in the meeting which will be held as follows: FIG AVENUE COMMUNITY MEETING Monday, April 25, 1988 7:00 p.m. Conference Room Number 1 Public Services Building 276 Fourth Avenue Chula Vista The CITIZEN'S SUBCOMMITTEE for the closure of Fig Avenue will meet on Wednesday, April 20, 1988 at 6:00 p.m. The meeting will be held in the Council Conference Room, City Hall Building, located at 276 Fourth Avenue, Chula Vista. Members of the community are invited to attend this meeting. A report from the subcommittee will be 3resented at the Community meeting of April 25th. Dated 4/18/88 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5047 z ATTACHMENT CIT~ OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT April 18, 1988 Dear Resident: NOTICE OF CHULA VISTA CITY COUNCIL MEETING ON FIG AVENUE CLOSURE Chula Vista City Council Meeting Tuesday, April 26, 1988 Meeting begins at 7:00 p.m. in Council Chambers at 276 Fourth Avenue, Chula Vista, California Subject to be discussed include: .. - Permanent location for street barricade. - Agreement between the City and San Diego Trust and Savings Bank for the control of traffic through the bank's parking lot. Those wishing to speak may wish to coordinate their remarks with resident members of the Fig Avenue Closure Committee. The staff report and recommendation, and the proposed agreement with San Diego Trust and Savings Bank will be available for review beginning Friday, April 22, 1988, during normal business hours at the Community Development Department, 276 Fourth Avenue, Chula Vista, California. Please contact Fred Kassman or Jim LoBue for any additional information you may require at 691-5047. FK/JL:src 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5047