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Home My WebLink About26-Development Services , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director April 28. 1999 ~@~w Subject: Request for Continuance to 7/6/99- Authorization to Prohibit all Left-Turn Movements at the Intersection of Tippecanoe Avenue and Rosewood Drive. File No: PW 99-01; 13.1R C Date: Development Services Synopsis of Previous Council Action: MCC DATE: 05-17-1999 January 27. 1997 Plans for the rehabilitation of pavement and installation of curbed median on Tippecanoe Avenue from 1-10 to Hospitality Lane approved with the condition that left- turns lanes for northbound and southbound traffic on Tippecanoe A venue at Rosewood Drive Be maintained. February 15,1999 Request for authorization to prohibit left-turn movements was continued until April 5, 1999 to allow time for Environmental Review. April 5, 1999 Continued until May 17, 1999, for completion of Environmental Review. Recommended Motion: Continue until July 6, 1999, for completion of Environmental Review. c ~t/A J Michael ~ Contact Person: V1l"'h'!:llpl w n.nlhh~, A,...tlng rl'ty ~nglnpP1" Phone: 5179 Supporting data attached: Staff Reoort Letter and Man Ward: 3 FUNDING REQUIREMENTS: Amount: $1,000 Source (Ace!. No.) 001-187-5111 (Acct. Description) Signing and Striping Materials Finance: Oil Notes: rl71,? Agenda Item No. .,1;1/# CITY OF SAN 'BERNARDINO. REQUEST FOR COUNCIL ACTION STAFF REPORT c:.ect: quest for Continuance-Authorization to Prohibit all Left-Turn Movements at the Intersection of Tippecanoe Avenue and Rosewood Drive. Backaround: On December 14, 1999, the Police Department, in response to a significant increase in traffic accidents at the intersection, temporarily prohibited all left-turns movements. This issue was considered by the Traffic Safety Committee on January 20, 1999, and the committee recommended to the Mayor and Common Council that the left-turn restrictions be made permanent. The issue was heard by the Mayor and Common Council on February 15, 1999. The Council voted to continue the item until April 5, 1999, to allow time for completion of Environmental Review. The Development and Environmental Review Committee (D/ERC) heard the item on February 25, 1999, and voted to continue the item until March 25, 1999, to allow public review and comments on a proposed mitigated negative declaration. At the D/ERC meeting, the project was redefined as follows: Phase I: Install delineators from the north side of the 1-10 W/B Freeway Ramps to Laurelwood Avenue and restrict Rosewood A venue to right turns in and right turns out only. C'ase II: Construct a raised, landscaped Median Island in Tippecanoe A venue from the north side of the 1-10 . W/B Freeway Ramps to Laurelwood Avenue to replace the delineators. Significant comments were received from the attorney for In-N-Out Burger at approximately 5:30 PM, March 24, 1999, and In-N-Out Burger requested that the matter be continued to allow more time for their Traffic Consultant to complete a traffic study. The D/ERC Committee concurred and voted to continue the item to the meeting of April 29, 1999, with the understanding that In-N-Out's Traffic Consultant would submit a traffic study for staff review by April 16, 1999. The study has not been received as of April 24, 1999. On April 21, 1999, Jack Rubens, Attorney for In-N-Out Burger, contacted the City Attorney (see attached letter) and asked for a further continuance of the D/ERC hearing to June 3, 1999, to allow them to complete the traffic study. Staff feels that continuing to June 3, 1999 will not allow sufficient time for in-house review and responses; therefore, we are recommending that the D/ERC hearing be continued to June 10, 1999. In N Out Burger also requested that the item before the Mayor and Common Council be continued until June 21, 1999. Due to processing requirements and scheduling, the soonest this item could be brought back for your consideration would be July 6, 1999. Financial Imoact: Funding for Phase I is included in the Signing and Striping Budget. Funding for Phase II, if approved, will be identified prior to construction. C tcommendation: That the Mayor and Common Council continue this item until July 6, 1999, to allow time for completion of Environmental Review. c .~ ! _'~$~' I .~.....6.:I:.~.C-..-cANE- I \ I .. ~..~. z' ze '. ~ M' _ .. , . " .,. ... . 0. 0. -= .. 12034 c . U ~ , . , " . .. DRIVE S~lI ~e'flp.-c f\\' \_,,0 c VICINITY MAP PUBLIC WORKS PROJECT NO. 99-01 TRAFFIC CONTROL MEASURES IN TIPPECANOE AVENUE ATTACHMENT "A" c c c APR-21-99 15:59 213 620 1398 ~~/21/99 WEO'16:S5 FAX 213 620 1398 P.OZ SlIRH LOS Al';GELES R-9S2 Job-970 ~002 SHEPPARD. MULLIN. RICHTER & HAMPTON LL~ OO~~~60~~~ .. ......'eD ..-,""- .....noCllt,.... ''''Cl.MCIl.... __C~lI........ ~"_'lI .a.TTORNEV5 AT LAW F'OATV-&IGHTM F'LC;lOR 333 aOUTH MOPE STREET LOS ANGELES, CA&.IF'O.NIA 90071-t448 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT OUR PILlE: NUMOEA WRITER's;. QIl'tCCT LoiN!!. TCLI:P)olON;: 121.3) E1i20-f7S0 (213) 617-4216 ~- PAC;:SIM1LE. (",=13. SZO-I.30e VLL-68386 April 21, 1999 BY FACSIMILE AND U.S. MAIL Henry Empeno, Jr., Esq. City of San Bernardino City Attorneys' Office 300 North "D" Street, 6th Floor San Bernardino, California 92418 Re: Public Works Project No. 99-01- Proposed Roadway; Modifications at the Tippecanoe AvenuelRosewood Drive Intersection Dear Henry: As you know, we had anticipated that In-N-Out's traffic study in connection with the proposed roadway modifications at the Tippecanoe Avenue! Rosewood Drive intersection (the "Intersection") would be complete by April 16, in order to provide City staff with sufficient time to review the traffic study prior to the DIERC meeting on April 29. However, as we discussed in our telephone conversation earlier today, WP A Engineering, Inc. (''WP A"), the traffic consultant engaged by In-N- Out to prepare the traffic study, has not completed its work yet. We received a first draft of the traffic study on Monday. Over the past two days, we have reviewed the draft study, prepared comments and discussed those comments with WP A and In-N- Out's engineer. Based on those discussions, and taking into account the work schedules of the WP A personnel working on the traffic study, we will not be able to deliver the traffic study to the City prior to the April 29 DIERC meeting. Given the importance of the traffic study, we request that the DIERC continue its consideration of the proposed LOS ANGC,-CS . ORANGs:: COUNTY . SAN OIEGO . SAN ...RA....eI6CO APR-21-99 15:59 213 620 139B N>21/99 WED' 18: 55' FAX 213 820 1398 P.03 SllRB LOS ANGELES R-962 Job-9TO 1i!I003 c SHEPPARD. MULLIN, RICHTER & HAMPTON LLP Henry Empeno, Jr., Esq. April 21, 1999 Page 2 project from its April 29 meeting to its June 3 meeting, and that the Common Council continue its consideration of the proposed project from its May 17 meeting to its June 21 meeting. WP A has committed to complete the traffic study by May 14, which would provide the DIERC with the same l3-day review period that it previously requested. We apologize for the delay in the completion of the traffic study, but hope that the City recognizes the complexity of the traffic issues and will provide us with this additional time to complete the study. In the interim, In-N-Out has no objection to the temporary barriers at the Intersection remllining in place until after the June 21 Common Council meeting. We look forward to hearing from you. c Very truly yours, ~:;:-- for SHEPPARD, MULLIN, RICHTER & HAMPTON UP LkLRIN.ETWU.\1llOO3Il6.1 cc: Mr. Steven S. Sasaki, P.E. (BY FACSIMILE AND U.S. MAlL) Mr. Mark S. Lamoureux (BY FACSIMILE AND U.S. MAIL) Mr. Fred G. Encinas (BY FACSIMILE AND U.S. MAIL) Ms. Maxine Elwell (BY FACSIMn..E AND U.S. MAIL) c 'PR-21-99 15:59 213 620 1398 _9 WED 18:55 FAX 213 820 1398 POI SKRH LOS ANGELES R-962 Jab-ITO lilJoo / C SIIEPPARD, MULLIN, RICHTER & B"AMPrON LLP A LIIG1'ZD LlAea.nv 'AIltJiUUlnp ..a.uuvcPllDn:alaN.u, CDIIJIOaATJ:aNI AlTORNEYSATLAW 333 SOt1TH HOPE S1'R1!ET, FORTY-JUGBlB FLOOR LOs ANGELEs, CALIFORNIA lllJ071 T.l!LEPs:ONB (213) 618-1780 FACSIM:lI..& (213) 620-13!18 t- - TELECOPIli'R COVER LEITER Los AQlleles Office TET flCOPY NUMRER (213) 620-1398 TARGElEDIlME ASAP VLL-68386 DATE: TO: FIRM: .. THIs TELECOpy TRANSl\USSION WILL ALSO BE MAILED .. April 21, 1999 ATTORNF.Y/SECRF.T ARV EJIT 4216/4507 Henry Empeno, Jr., Esq. City of San Bernardino/City Attorneys' OfIice FAX NO: 909/384_5238 CONF. NO: 909/384-5235 c FRO1\!: Jack H. Rubens, Esq. RECEIPT CONFIRMAnoN VIA PHONE REQUESTED: " YES FAX RECEIPT CONFIRMED BY: TOTAL NuMBER OF PAGES (INCLUDING THIS PAGE): IF ALL PAGES NOT RECEIVED, PLF.ASE CAT t (213)620-1780 ext. 3155 NAME OF SENDER ,s4-<<<<il TIME STARTED cf,9' ~ NO .3 MEsSAGE: 1~'L\22?3?,,?s. ~~.. ~ ,;::. \9J9J9J g, ~ t.?\\ \'.1 E,\> rs I':: E,C\tOf ~ f_ il Off' r'I'i J '- ,.- C\ 1l~' ;;;::; rr" :(toll: .....,.., \G" " ,-/ <i- U ':~~68L9~'Q CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Development Services Subject: Request to continue to May 17, 1999 the authorization to prohibit all Left-Turn Movements at the Intersection of Tippecanoe Avenue and Rosewood Drive. File No: PW 99-01; 13.IR Date: March 25. 1999 Synopsis of Previous Council Action: MCC DATE: 04-05-1999 January 27, 1997 - Plans for the rehabilitation of pavement and installation of curbed median on Tippecanoe A venue from 1-10 to Hospitality Lane approved with the condition that left-turns lanes for northbound and southbound traffic on Tippecanoe Avenue at Rosewood Drive Be maintained. February 15,1999 - Request for authorization to prohibit left-turn movements was continued to AprilS, 1999 to allow time for Environmental Review. Recommended Motion: That the matter requesting authorization to prohibit all left-turn movements at the intersection of .Tippecanoe Av~nue and Rosewood Drive be continued until May 17, 1999, to allow time for completIOn of Environmental Review. ~~ ~H.II. Michael E. Hays Contact Person: Mi~h~~l w nnlhh~, Arting rity J;'nginppr Phone: '\170 Supporting data attached: StaffReoort and MaD Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source (Acct. No.) (Acct. Description) Finance: r 'i1 Notes: ~~ ~/~hS 1F-~7 Agenda Item No._ ;) 117/99 CITY OF SAN 'BERNARDINO. REQUEST FOR COUNCIL ACTION STAFF REPORT biect: Request to continue to May 17, 1999 the Authorization to prohibit all Left-Turn Movements at the Intersection of Tippecanoe A venue and Rosewood Drive, Backaround: On December 14, 1999, the Poiice Department, in response to a significant increase in traffic accidents at this intersection. temporarily prohibited left-turn movements at this location. This issue was considered by the Traffic Safety Committee on January 20, 1999 and they recommended to the Mayor and Common Council that the left-turn restrictions be made permanent. The Mayor and Common Council heard the issue on February 15, 1999. The Council voted to continue the item until April 5, 1999, to allow time for completion of Environmental Review. Representatives of the In & Out Burger stated they did not object to existiIig left-turn barriers remaining in place until the April 5, 1999, Mayor and Common Council meeting. The Development and Environmental Review Committee (D/ERC) heard the item on February 25, 1999, and voted to continue the item until March 25, 1999, to allow public review and comments on a proposed mitigated negative declaration. The last day of the public review period was March 24, 1999. \t the D/ERC meeting, the project was redefined into two phases as follows: L Install delineators from the north side of the 1-10 W/B Freeway Ramps to Laurelwood Avenue and restrict Rosewood A venue to right turns in and right turns out only; and 2. Construct a raised, landscaped Median Island in Tippecanoe Avenue from the north side of the 1-10 W/B Freeway Ramps to Laurelwood Avenue to replace the delineators. Substantial comments were received from In-N-Out Burger at approximately 5:30 PM, March 24, 1999. The comments indicated that In-N-Out Burger has retained a Traffic Engineer to study the proposed project and that they need additional time to complete that study. These comments were handed out the D/ERC at its meeting of March 25, 1999, but, due to lack of time, no analysis by staff was available. The D/ERC concurred with In-N-Out Burger that more time is needed, and therefore, voted to continue the item to the meeting of April 29, 1999. In N Out Burger further requested and the D/ERC concurred that the item before the Mayor and Common Council be continued until May 17, 1999. In N Out Burger also stated that they did not object to existing left- turn barriers remaining in place until the May 17, 1999, Mayor and Common Council meeting. FinanciallmDact: There is no financial impact. ~ecommendation: i'hat the Mayor and Common Council continue this item until May 17, 1999, to allow time for completion of Environmental Review. .. . J ~....~~ '~'~~L...-:-6Ne I a~ II ....~-- .' ! .: PROJECT 110CATION '. ~ " '-' .. .. !!o - ... I. '2034 . '\":11 ~ I' l I ". \' '. ,!:., !! !. 1 ; 1 "If "'I,~~'i/.~ -.l1~/&.;".'.~''':.;''l'''~S~'''''. I .'; ...1 ". ' . I .' . ' ..'.. ' ..I ..:.. \ ..: ~ .- AU. Lw.c '.. .~.~., ~;'.i" ;~,~.~: '':~'+1~~ 'Tc..."r ,N8.. z..,...,. ~ ; .~ .. .,.......;C't;...~a.Il'~"tld,.,,.....n~:I,..;!; . _' . . .. . .. ' _,.. : ~;.. ..' ~ ! .. I .. ~ .. I.. :: " '\"'.':1 '!'lltill\"ll'S.'.;III""II' "1'" ; I I i,l m.~1 I I I JIlt'I! nl:s'I,.I>>\..lnlu! 1,1 M'\a.;1I 1.\u.1Il.",ul u\ . i ill I Ii' ! 1 : i I I ! I i i'~"l : I I I \ 'I I '1 ., ..l.t, !uj"l" "IM ,.. [sa:" .1' tn .. .1' .. 'I~' ~lVt . '. "1"'" ."'.....,.,'~.. ~~~.."~,.,:..".,...."'.~,~. ~ ," ...1.. 1..1 ",I ..!..i ..l..., ,;....~ s:-~ ~~'lIp.~ ..0 f~ \.-, VICINITY MAP PUBLIC WORKS PROJECT NO. 99-01 TRAFFIC CONTROL MEASURES IN TIPPECANOE AVENUE = rcJI1I: CITY OF SAN BERNARDtNO - REQUEST FOR COUNCIL ACTION MICHAEL E. HAYS, Director Subject: :lefo evelopment Services January 27, 1999 File No: 13.1R MCC DATE: February 15, 1999 !)ate: Synopsis of Previous Council Action: January 27, 1997 - Plans for the rehabilitation of pavement and installation of curbed median on Tippecanoe Avenue from 1-10 to Hospitality Lane approved with the condition that left-turn lanes for northbound and southbound traffic on Tippecanoe Avenue at Rosewood Drive be maintained Recommended Motion: Adopt Resolution (fl-f 1. !If Michael E. Hays Contact Person: ANWAR W AGDY, Traffic Engineer Phone: 5213 Supporting data attached: StaffRepoIt. Map. and Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: $ 1000.00 Source (Acct. No.) 001-187-5111 Finance: (Acct. Description) Cr Notes: ?~~~~ ~)~c Ihs- c?~ ~/sJ'J~- #:27 Agenda Item No. qn/q? 'If d-- fo . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT ct: Authorization to prohibit all left-turn movements at the intersection of Rosewood Drive and Tippecanoe Avenue. Back2round: On December 14, 1998, the Police Department temporarily prohibited left-turn movements at the intersection of Tippecanoe Avenue and Rosewood Drive. This action was taken in response to the extraordinary increase in automobile accidents at the intersection. Thirty-eight (38) accidents have been reported at the intersection from January 1, 1998 through December 14, 1998 (more than twice the accidents reported for the same period on Waterman and Hospitality). As a definite proof on the effectiveness of this action, no accidents have been reported at the intersection since the left-turn movements were prohibited. The same issue was previously discussed in November of 1996 by the Traffic Safety Committee. The Committee recommended the construction of a median, as part of a pavement rehabilitation job, to physically restrict left-turn movements at the intersection. When this issue was addressed by the Mayor and Council, opposition was raised by adjacent commercial properties (primarily by the two gas stations and In-N-Out Burger). This prompted the council not to adopt the Committee's recommendation. However, the council felt that if the situation gets worse, or conditions change, the issue should be reconsidered again. Jllowing summarizes the main reasons to consider approving this action: . Significant increase of traffic accidents directly attributed to the unsafe left-turns at the intersection (the recent temporary restriction has proved its effectiveness). . The intersection has been declared unsafe by the Police Department. . The recent and continual rapid growth in traffic volume on Tippecanoe Avenue (an increase of 8,000 to 10,000 cars per day in the last year alone) is the major factor. . Excessive and intolerable delays to the public at this key-entry location to the City gives a negative image not only to the general public but also to potential developers. . The existing congestion has made this section of Tippecanoe "capacity deficient", which would curtail the future redevelopment of Norton and the airport. . The Tri-City traffic study has made the same recommendation to mitigate the traffic impact. . Redesign is currently underway for the 1-10 / Tippecanoe Interchange. The ramps will likely move closer to Rosewood Drive. , No other reasonable improvements, such as a traffic signal, would effectively work due to the close proximity to the freeway ramps. January 20, 1999 meeting of the Traffic Safety Committee, the committee was briefed on our intention to tl..__ this issue to the Mayor and Council, and asked if they wish to open the issue for discussion. The committee reconfirmed their prior recommendation to restrict left-turns. While the proposed left-turn restriction may cause some inconvenience to the customers of the adjacent businesses, we believe the overall reduction in congestion, delay and accidents will outweigh those inconveniences. In addition, we propose adding several guide signs to direct the motorists to safer alternatives (i.e. through Hospitality Lane or even the next street, Laurelwood Drive). In view of the seriousness of these problems, staff recommends that the left-turn prohibitions be approved on a permanent basis (the existing temporary restrictions will expire on February 14, 1999). If approved, the left- turns will be restricted with plastic delineators and signs. However, the permanent solution is to construct a median as designed and recommended two years ago. If left-turn movements are to be permanently prohibited, staff will initiate action to identify funding and construct the median Letters have been sent to the businesses that opposed this action two years ago notifying them that this item will be heard by the Mayor and Council at 10:00 a.m. Monday, February 15, 1999. These businesses include the two service stations on the east side of Tippecanoe Avenue and the In-N-Out Burger on the west side. Staff, therefore, requests that this item be scheduled at this date and time. "'-"nciallmnact: 1 _.Jing for installation of materials and signs to prohibit left turns will come from the general fund's signing and striping materials account. This action is considered routine; consequently, there will be no major impact to the account. Recommendation: Adopt Resolution authorizing the prohibition of all left-turn movements at the intersection of Tippecanoe Avenue and Rosewood Drive. TIPPECANOE A V. AT ROSEWOOD DR. Q! VICTOR ~ ~ ~ E 1'00 ,,, E l;; IWlDT ST ~ "00 ~ E""", ST .. FS \. . ~ . if!I~/( ~. ' E ~ /f()Sp IJI 500 1T~LITY TRl CITY LH ."- so:_ ij LT ( SW. .. I ~t;1 o LOCATION OF PROPOSED LEFT TURN PROHIBITIONS Re: Tippecanoe and Rosewood The following graphs show the recent and significant increases in traffic volume and accidents at the subject intersection. II) ~ u .- J: Q) > 40,000 35,000 30,000 25,000 20,000 Tippecanoe Avenue (South of Rosewood) Daily Traffic Volume 1996 1997 1999 Year .1996 o 1997 .1999 40 30 rn - s::: ~ 20 C.) C.) <( 10 Tippecanoe at Rosewood Accident History (1996-1998) o 1996 1997 Year 1998 ,.-" .1996 o 1997 . 1998 7 Accidents Tippecanoe A v & Rosewood Ave 01/01/97 - 12/31/97 cl U; ~ 'P' ~ s ~ ... ~ o ~ '-- ~ '" ~ 101 o >>. II 14:44 erse <> es . accl en 5 W InSU clen a a or IS a <E-- Straight = Parked ,/ Pedestrian Fixed ob cts: ~ . . +---i Stopped ~ Erratic X Bicycle 0 General D Pole -f---- Unknown ~ Out of control 0 Injury !Il Signal 101 Curb III Tree ~ Animal ___ Backing '- Right turn @) Fatality -+-- Overtaking r- Left turn Nighttime <J 3rd vehicle ~ Sideswipe cs;- U-turn '. DUl '" Extra data Tippecanoe & Rosewood Ave 36 Accidents including 17 Injuries 01/01/98-12/31/98 (1 Year) Tippecanoe Ave I A:J 02--''' . .\ \\' ~ II .. ~-~ []J a.t._2S_18 Q) ~ "t:l o o ~ Q) '--1 ~ ~ _-21-" 8 01-111-_ 0 - stnlcht ~ IDJ""7 "'- Illcht tam 0 ....'""'" IIomop / l.ott tam [] Ob~ Accident Rate - 3.1/MV RESOLUTION No. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING 2 RESOLUTION NO. 2086 ENTITLED, IN PART, "A RESOLUTION DESIGNATING CERTAIN STREET INTERSECTIONS WHERE A LEFT-TURN IS 3 PROHIBITED .... n AND PROVIDING THAT LEFT-TURNS ARE PROHIBITED AT THE INTERSECTION OF TIPPECANOE AVENUE AND ROSEWOOD DRIVE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Resolution No. 2086 which prohibits "LEFT-TURN" 7 movements at certain street intersections, Section One, is 8 amended by adding the following intersection: 9 "Tippecanoe Avenue at Rosewood Drive" 10 I I I 11 III 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESO: AMENDING RESOLUTION 2086 TO PROHIBIT LEFT TURNS AT THE INTERSECTION OF TIPPECANOE AVENUE AND ROSEWOOD DRIVE I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1999, by the following vote, to-wit: Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA LIEN MCGINNIS SCHNETZ DEVLIN ANDERSON MILLER Rachel Clark, City Clerk The forgoing resolution is hereby approved this day of , 1999. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney I} -2- MAR-30-99 14:36 Z13 6Z0 139B 03/30/~ TUE 14:33 FAX 213 620 1396 P.OZ SIIRH LOS ANGELES R-B6Z Jab-BOl 1aI002 SHEPPARD, MULLIN, RICHTER & HAMPTON LL~ .. ..,....,. '-'''.,UT'' _.....e....... ...n......... ._.......,_ c;......O......,.~ AT'TOANr;YS AT l.JIo.W FORTY-eiGHTH ll"LOOR 33.3 SOUTH MOP&: STRe:e:T L.OS ANGE'-ES. c.-.LIFOFlNIA .0071-104-48 WRITe....S DIREC.T I.INE Te:LC.....ONE (Elal &20-1'780 au... ...ILE. NUM.ERe ~AesIMIL..E (213) ezo-13Qe VLL-68386 (213) 617-4216 ;.w.e.~."" March 30, 1999 BY FACSIMILE AND U.S. MAil. San Bernardino Common Council City of San Bernardino 300 North "0" Street San Bernardino, California 92418 Re: Public Works Project No. 99-01 - Proposed Roadway Modifications at the Tippecanoe AvenucIRosewood I;)rive Intersection Honorable Mayor and Councilmembers: As you know, this firm represents In-N-Out Burger Corporation ("In-N-Out"), which has operated a drive-thru restaurant for over 14 years at 1944 South Tippecanoe Avenue, at the northwest comer of Tippecanoe Avenue and Rosewood Drive (the "Intersection"). The Common Council is currently scheduled to consider proposed Public Works Project No. 99-01 (the "Project") at its meeting on April 5, 1999 . Yesterday; we received a copy of a Staff Report and Request for Council Action with respect to the Project in which the Development Services Department has requested that the Common Council continue the April 5 hearing to May 17, 1999 to permit the completion of environmental review for the proposed Project. In-N-Out has no objection to the continuation of the public hearing from April 5 to May 17 and shares the City's interest in fully addressing the traffic impacts associated with the proposed Proje.ct and feasible alternatives to the closure of the . Intersection. In-N-Out also has no objection to the temporaIy barriers at the Intersection remaining in place until after the May 17 meeting. LOS ANGEl.E.S . ORANGE COUNTY . $IAN OlE-GO . S,....N f"AANC1!5CO ~ V/S/9~) -iF:17 5/17/9? #26 W,R-30-99 14:36 Z13 6Z0 139B . . 03/30/99 TUB 14:33 FAX 213 820 1398 P.03 SIIRH LOS ANGELES R-B6Z J ob-BO 1 1i!J003 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP San Bernardino Common Council March 30, 1999 Page 2 Based on my telephone conversation yesterday with Hemy Empeno, during which he provided assurances that the Common Council would not take any action on the proposed Project at its April 5 meeting, In-N-Out and its representatives will not appear at the April 5 meeting. In-N-Out looks forward to a continuing dialog with the City and a mutually satisfactory resolution of this issue. Very truly yours, f2//'ZY' ~J:ck H. Rubens for SHEPPARD, MULLIN, RICHTER & HAMPTON u.p LA2:LIlEILE1\VLLUIIU_.l cc: Henry Empeno, Jr., Esq. (BY FACSIMILE AND U.S. MAlL) MAR-30-99 14:36 213 620 l39S . ~ 03/30/99 TUE 14:32 FAx 213 620 1398 P.Ol SIIRH LOS ANGELES R-m Job-SOl SHEPPARD, MULLIN, RICB'TER & IIAMPTON LLP IiII 00, '\L '"!>/~" n, 'c 2.~~ 7 --;s\... c:. A t.lMfl'Io:DLlAtul.ln" I'''K'rNEIUiIII'' UfCI.dDI1"fG MLO..D>>lUf(AJ. nJltroMAIw.","~ ATTORNEYS AT LAW 333 SOUTH FlOPE STREET, FORTY-EIGHTH FLOOR LOS ANGELES, CALIFORNl.' 90071 TELEPHONE (213) ~1780 FACSJMlLE (213) 62&-1398 TELECOPlER COVER I.ETTER VLL-68386 Los Ane:eles Office TF.LECOPY NUMBER (213) 620-1398 TARGETED TIME ASAP ATTORNEYISECRETARYEXT 4216/4507 ** THIS TELECOPY TRANSMISSION WILL ALSO BE MAILED ** DATE: March 30, 1999 FIRM: City of San Bernardino FAX NO: - 9091384-510:1 CONF. NO: 909/384-5188 FAX NO: - 9091 384-5138 CONF. NO: 909/384.5235 TO: San Bernardino Common Council TO: Herny Empeno. Jr., Esq. FIRM: San Bernardino City Attorney's Office FROM: Jack H. Rubens, Esq. RECEIPT CONFIRMATION VIA PHONE REQUESTED: X YES FAX RECEIPT CONFIRMED BY: NO TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): J IF ALL PAGES NOT RECEIVED, PLEASE CALL (213)620-1780 ext. 3155 NAME OF SENDER ~..~ Go TIME STARTED '1.~~~ MESSAGE: NOTE: TIll MES 151 :fF RTH US F HI ~co TAN NFO MATIO HAT IS PRIVI G D C NFIO L EMPT FROM IS R N ER AP LI L . IF TH READER OF THIS ME$SAGE IS NOT THE INTENDED RECIPIENT. DR THE EMPLO~!E DR AGENT RESPONSIBl.E FOR DEUVERING THE ME$SAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTR1BUTtON OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIElITI!D. IF YOU HAIlE RECEIVED THIS COMMUNICATION II'l ERROR. 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