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CI1C' OF' SAN BERNARDO - REQUIOT FOR COUNCIL ACooN
Frank A. Schuma
From: Planning Director
Dept: Planning
DM8: December 19, 1984
Subject: Appeal of Revocation of Conditional
Use Permit No. 671
Mayor and Council Meeting of
January 7, 1985, 9:00 a.m.
Synopsis of Previous Council action:
At the meeting of the Planning Commission on December 4, 1984, the following
action was taken:
Conditional Use Permit No. 671 was unanimously revoked based upon testimony
presented and observations and findings of fact contained in the staff report
dated December 4, 1984.
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Recommended motion:
That the hearing on the appeal be closed and the decision of the Planning Com-
mission be affirmed, modified or rejected.
~}A- .
Signature Frank A. Schuma
Ward:
383-5057
4
Supporting data attached:
Frank A. Schuma
Yes, Staff Report
Phone:
Contact person:
FUNDING REQUIREMENTS:
Amount:
Sou ree:
Finance:
Council Notes:
75.0262
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LAW O......ICES
DBBT AND BOWLBR
E. TOBY SOWLE"
....ICHAEL M. DI!:ST
357 WEST SECOND STREET, SUITE I
SAN BBRNARDINO, CALIPOBNIA 98401
17141 eee-1l7B OR aaa-<4ISe
December 12, 1984
City of San Bernardino
Planning Commission
300 North -D- Street
San Bernardino. California 92418
RB I OUR CLIBIIT
CUP MUDD
ROBBR'l' SULLIVAN
671
To Whom It May Concern I
At the conclusion of the public hearing held December 4,
1984, in the above-referenced matter, request was made for a
hearing transcript. To date, I have not been notified of
the preparation of said transcript which precludes complete
preparation of an appeal. I would appreciate some
communication in this regard at your earliest convenience.
Additionally, I would request a copy of the decision
and findings (pursuant to Municipal Code Section 19.78.110c),
together with copies of the minutes pertaining to this item
for the hearing of December 4, 1984.
Thank you.
ETB:bg1
....."-.--
cc: Frank Schuma - Planning Director
John Wilson, Esq. - City Attorney's Office
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CITY iLA.....;;G DEPARTMENT
SAN BERNARDI~IJ. C!I
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LAW OI'I'ICBS 01' DBft , BOWLBR
357 West Second Street, Suite "I"
San Bernardino, California 92401
Telephone: (714)888-4159
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DEe 17 1984
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BBPORB TBB MAYOR AlII) COMMOR COUNCIL
01' TBB CITY 01' SAR DRRARDIRO
In the Matter of the Appeal of
ROBBR'l' SULLIVAII,
Appellant.
RO'l'ICB 01' APPBAL AlII) ftA'fBIIB1I1'f
01' GROUIIDS 01' APPBAL I'RClIl
DBCISIOII 01' TBB PLAI1IIIE
COIIIIISSIOR 01' TO CI'!'Y 01'
SAIl DR.ARDIRO
INTRODUCTION
On December 4, 1984, a public hearing was held before
the Planning Commission of the City of San Bernardino Chereinafte
referred to as "Commission") to consider revocation of Conditiona
Development Permit No. 671. Upon conclusion of said hearing, the
Commission voted to revoke permit number 671.
Further, upon conclusion of said hearing, the under-
signed requested a hearing transcript. In that no transcript has
been profferred to date, Appellant reserves the right to suppleme t
this statement after an analysis of the transcript.
Although the Commission announced that the decision was
"final", a copy of the findings and decision has not be transmitt d
to Appellant pursuant to Municipal Code Section 19.78.ll0Cc). To
preserve Appellant's right of appeal this Statement is being sub-
mitted prio~~to aP without the Qefit of a review of said'i?n-
dings and decision.
!
TBB COMMISSIO. ABUSBD ITS DISCRBTIO. I. DBCIDING
TO RBVOD PBRIII'l' I1UMBBR 671.
!!
S'l'APF FIIIDING NUMBBR 1 * IS NOT SUPPOHBD BY
SUBS'l'AM'l'IAL BVIDBRCB.
ill
S'l'APF FIIID NUMBBR 2* IS NO'!' SUPPOHBD BY
SU8S'l'AM'l'IAL BVIDBRCB.
!!
S'l'APF FIIIDING NUMBBR 3* IS NO'!' SUPPOHBD BY
SUBS'l'~IAL BVIDBRCB.
Dated: December 13, 1984
Q
R
r Appellant
*At the conclusion of the public hearing, the Commission
announced that it was adopting the findings contained in the Staff
Report.
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CITY OF SAN BERNARDINO 3OONORTW'O"STREET.SANBERNAROINO.CALlFORNIA92418
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, W:R. "BOB" HOLCOMB
Mayor'
MemberS of the Common Council
Robert A. CI.tlnlda .. . .. . . . . . . FI",t Wlrd
JackR_llly............. .SecondW.rd
Rllph Hernandez . . . . . ,; . . . . . Third Ward
Ste.Marks.. . .......... FourthW.rd
Gordon Qule' ............. FltthW.rCl
DanFrlzler............... .SlxthWlrcI
Jack Strickler .. .. . .. . .. .. .. .. .. ,. .seventh W.rd
December 7, 1984
Mr. Robert J. Sullivan
147 East Fairfield Avenue
Claremont, CA 91711
Dear. Mr. Sullivan:
At the meeting of the Planning Commission on December 4, 1984, the
following action was taken:
Conditional Use Permit No. 671, which permitted an existing beer bar
to add a dance and live entertainment area on property consisting of
approximately 6,000 square feet located at the southeast corner of
44th Street and Sierra Way and further described as 4397 North Sierra
Way, Rumours Night C1u~~ was ,revoked based upon evidence presented
and observations and findings of fact contained in the staff report
dated December 4, 1984. '
According to the San Bernardino Municipal Code, Chapter 19.78.070.,
the following applies to the filing of a conditional use permit:
"The decision of the Commission shall be final unless appealed in
writing to the Mayor and Common Council. The written appeal shall be
submitted to the office of the City Clerk within ten days from the
date of the Commission's decision. The Common Council, after receipt
of the appeal, shall conduct a public hearing and may either approve,
modj,fy or reject the decision of the Planning Commission."
If no appeal is filed 'pursuant to the above provisions of the
San Bernardino Municipal Code, the action of the Commission shall be
final.
Respectfully,
~ ._ e:'L~
FRANK A. SCHUMA "c:P.,I....
Planning Director
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cc: Building and Safety Dept.
Police Department'
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Each of the undersigned hereby represents that he she
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has not experienced, encountered or otherwise been subjected to
any disturbances, inconveniences, problems, difficulties or other
incidents of a similar nature as a result of the location and
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',operation of the busrness commonly known as Rumours, 4397 Sierra
Way,'San Bernardino, 'California, which is located in the immediate
vicinty of his/her residence.
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NAME: ADDRESS: SIGNATURE: DATE:
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DEPARTMENT ~
OF SAN BERNARDINO PLANNING
SUMMARY
5
12-04-84
4
AGENDA ITEM
HEARING DATE
WARD
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APPLICANT:
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Revocation of Conditional
Use Permit I~o. 671
OWNER: Mr. Robert J. Sullivan
147 East Fairfield 'Avenue
Claremont, CA 91711
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Revocation of Conditional Development Permit No. 671 - Subject property is a
rectangularly-shaped parcel of land consisting of approximately 6,000 square
feet located at the southeast corner of 44th Street and Sierra Way having a
frontage of 60 feet on the,east side of Sierra Way and further described as
4397 North Sierra Way. The Planning Commission has been directed to hold a
public hearing to consider the revocation of Conditional Development Permit
I~O. 671 per Code Section No. 19.78.110,A-3. The conditional development
permit, as approved, permitted an existing beer bar to add a dance and live
entertainment area.
EXISTING GENERAL PLAN ,
PROPERTY LAND USE ZONING DESIGNA.T10N
Subject Rumors IH ght Cl ub C-2 Commerci a 1
i~ortil Apartment R-3-1200 Res identi a 1 15-36 du/ac.
South Arrowhead Home C-2 Commerci a 1
I:.ast Apartments T & R-3-1200 Residential 15-36 du/ac.
West Night Club C-2 Commerci a 1
GEOLOGIC I SEISMIC DYES FLOOD HAZARD DYES OZONE A ( ~YES )
HAZARD ZONE IXl NO ZONE IXI NO OZONE B SEWERS DNO
HIGH FIRE DYES AIRpORT NOISE I DYES REDEVELOPMENT DYES
HAZARD ZONE IX] NO CRASH ZONE IXINO PROJECT AREA mNO
..J I] NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL
~ APPLICABLE EFFECTS 0
WITH MITIGATING - 0
Z(I) MEASURES NO E,I.R, ti CONDITIONS
I&.IC!) o EXEMPT o E,I,R, REQUIRED BUT NO &&.0 []I
2z &&.ffi DENIAL
Z- SIGN IFICANT EFFECTS
00 WITH MITIGATING ~2 0 CONTINUANCE TO
a:Z MEASURES (1)2
:;iL oNO 0
Z o SIGNIFICANT EFFECTS 0
Ia.I SIGNIFICANT SEE ATTACHEO E,R. C, Ia.I
EFFECTS MINUTES a:
NOV. 1981 REVISED JULY lee!
SKY
ITV OF SAN BERN
DINO PL~
ING DEPARTMENT
CASE Revocation of CUP
No. 671
AGENDA ITEM
HEARING DATE
PAGE
5
12-04-84
2
OBSERVATIONS
"
., 1. Due to continued complaints by the surrounding property owners, an
investigation by the City of San Bernardino Code Compliance Officer,
, and a police report, the Planning Department has reason to believe
that the conditions imposed for the use of Conditional Development
Permit No. 671 for Rumours Night Club are not and have not been im-
plemented. Conditional Development Permit No. 671 permitted live en-
tertainment and dancing in an existing beer bar located at the
southeast corner of 44th Street and Sierra Way and further described
as 4397 North Sierra Way. Therefore, the Planning Department has
initiated the process to reconsider revocation of the conditional
development permt. Also, the Mayor and Common Council in response to
a number of complaints received from surrounding property owners
,regarding the operations at Rumours Night Club, directed the Planning
Department to initiate procedures to consider revocation of the
permit.
Based upon authority of San Bernardino Municipal Code Section
19.78.110A-3, the Commission may, and upon the direction of the
Council shall, hold a public hearing to consider the revocation of a
Conditi ona1 Use Permit. Such permit can be revoked if, from facts
presented at the public hearing or by investigation, the Commission
fi nds that the use for wIli ch the permi t approved was granted is bei ng
or has been exercised so as to be detrimental to the public health or
safety or to consti tutea nui sance.
2. Background
The following is a chronological account and brief summary of the past
events and action taken on the part of the Planning Commission and
Mayor and Common Council to alleviate the ongoing problems at Rumours
Night Club. '
1. Conditional Development Permt No. 671 permitted dancing and
live entertainment in an existing beer bar. The Planning
Commission at their meeting of November 9, 1973, recommended
to the Mayor and Common Council denial of Conditional Use
Permit No. 671 based upon lack of sufficient parking. At
the meeting of November 19, 1973, the recommendation for
denial was rejected and the Mayor and Common Council approved
Conditional Development Permit No. 671 subject to the presen-
tation of a document demonstratin~ to the City Attorney that
21 parking spaces were available. No other conditions of
approval were attached at that time.
2. On July 11, 1983, the Mayor and Common Council directed the
Planning Commission to hold a public hearing to consider re-
vocation of Conditional Development Permit No.'671.
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,CITY OF SAN BERN
DINO PLA
ING DEPARTMENT
CASE Revocation of CUP
No. 671
AGENDA ITEM
HEARING DATE
PAGE
5
12-04-84
3
OBSERVATIONS
,.
The revocation proceedings were initiated by the Council in
response to a number of complaints received from surrounding
residents. Adjacent to the night club to the north and east
are a number of apartment buildings. Hillcrest Apartments,
a 36-unit building, directly east of the subject property had
solicited City Council intervention in this matter. The Plan-
ning Department had received a letter from the apartment buil-
ding owner describing damages to their property caused, pre-
sumably, by customers of Rumours Night Club. These damages
included destruction of landscaping on the Hillcrest Apart-
ment property, and two incidents of vehicle damage to an exis-
ting block wall behind the club on the side of the apartment
building, with repair cost born by the apartment building owner.
The City had also received two letters of protest, one from a
tenant of the Hillcrest Apartments and one letter from an ad-
jacent property owner, including a petition signed by 41 resi-
dents of the area. The concerns raised by the residents in-
cluded:
(a) Loud music generated from Rumours during late
evening and early morn~ng business hours.
(b) The rear entrance to the bar is frequently used
by customers until 2 a.m. allowing the music to
be heard by the apartment tenants throughout the
ni ght.
(d Noise from glass bottle disposal in the dumpster
adjacent to the apartment building.
(d) Broken glass from bottles tossed by patrons crea-
ting hazards to motorists and pedestrians.
(e) Damage to block wall and landscaping at Hillcrest
Apartments.
(f)
Parking lot fights involving customers and employees
and loud aggressive social interaction between custo-
mers.
(g)
Harassment of neighborhood residents by persons loi-
tering and visibly drinking in the Rumours parking
lot.
(h)
Vehicles parking in the public access alley way
blocking the entrance to the Hillcrest Apartments.
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.CITY OF SAN BERN
DINO PLA
ING DEPARTMENT
CASE Revocation of CliP
No. 671
AGENDA ITEM
HEARING DATE
PAGE
5
12-04-84
4
OBSERVATIONS
"
3. The Planning Commission held a public hearing to consider the
revocation of Conditional Development Permit No. 671 on August 16,
1983. The Planning Commission determined that in lieu of revoca-
tion of the permit, a number of additional conditions of approval
would be attached to the permit in an attempt resolve the concerns
raised by residents at the hearing.
4. On August 26, 1983, the owner of Rumours Night Club appealed the
decision of the Planning Commission to add conditions to the, Mayor
and Common Council.
5. The Mayor and Common Council heard the appeal on October 24, 1983,
which was filed by Kenneth Morelli, property owner. The Council
referred the matter back to the Planning Commission for clarifica-
tion of the Commissions' findings of fact.
6. On December 2, 1983, the Planning Commission reheard the matter of
Revocation of Conditional Development Permit No. 671 and reaf-
firmed their original decision, modified the findings of fact and
modified the conditions of approval.
7. On December 5, 1983, the Mayor and Common Counci reheard the
appeal made by the property owner on th,e conditions imposed by
the Pl anni ng Commi ssi on. The Counci-l then acted to affi rm, the
deci si on of the Planni ng Commi ssi on and amend the conditi ons. '
8. On January 24, 1984, the Planning Commission reviewed and accepted
the status report prepared by the Planning Department Staff for
Conditional Development Permit No. 671. The Planning Commission
determined that all conditions had been satisfied and no further
action on the part of the Planning Commission was necessary.
9. Since the time of the original hearings, the night club has
changed ownership and the Chief of Police issued the new owner
a dance and entertainment license on December 13, 1983.
3. Condi ti ons
The final conditions of approval as established by the Mayor and
Common Council include:
1. A uniformed security guard shall be on the premises at all
times during business hours to insure orderly conduct of
patrons. The security guard shall also perform parking
lot surveillance to insure correct vehicle parking and that
the public access alley-way remains free and onobstructed
and to prohibit loitering and drinking of all beverages
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,.cITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Revocation of CUP
No. 671
AGENDA ITEM
HEARING DATE
PAGE
OBSERVATIONS
5
12-04-84
5
....
in the parking lot. The Chief of Police may modify the
number of security guards, their hours and the use of
uniforms.
/
2. An agreement shall be arranged to allow the San Bernardino
City Police to come onto the site to assure the security
and safety of the patrons and adjacent residents. Signage
to this effect shall be placed within the parking area.
Said agreement shall include, and the applicant shall fol-
low, the recommendations of the Police Chief regaring on-
site trespassing, loitering, malicious behavior or other
activities which affect the safety and security of the
patrons and adjacent residents.
3. No customer entrance or exit shall be permitted from the
rear door at any time. A mechanical device shall be in-
stalled at the rear door for emergency use and deliveries
only, as approved by the Planning Department and Fire De-
partment. A sign shall be placed on the rear door're-
stricting its use to emergencies and deliveries only.
4. The owner of Rumours Night Club shall provide employees
to clean up trash on and off the premises each day fol-
lowing a night of business.
5. The existing landscape planter area adjacent to 44th
Street shall be replanted and automatic sprinkler sys-
tem installed. Landscape plans shall be submitted to
the, Planning Department for review and approval. Said
condition shall be reviewed at the end of six months.
(MODIFIED: so that landscaping and sprinkler system
would be installed but would not be a standard re uire-
ment. The existing trash receptacle shall be relocated
to a place outside of the landscaped planter strip and
so as not to interfere with parking or vehicular circu-
lation.
6. A six-foot high masonry wall shall be constructed along
the east property line in accordance with San Bernardino
Municipal Code Section 19.26.080.B. Since parking stalls
adjacent to the east property line take access from the
abutting alley, a revised parking layout showing striping
and bumper stops shall be submitted to the Pl anni ng De-
partment for review and approval. Said conditions shall
be completed within 90 days. (DELETED).
.CITYOF SAN BERN
DINO PLA
ING DEPARTMENT
CASE Revocation of CUP
No. 67]
AGENDA ITEM
HEARING DATE
PAGE
5
12-04-84
6
OBSERVATIONS
,.
7. Six months from the date of the Planning Commission
hearing on the revocation of Conditional Development
Permit No. 671, a public hearing shall be held by the
Planning Commission to consider if compliance with the
new conditions of approval has been achieved and whe-
ther further revocation proceedings of Conditional
Development Permit No. 671 should be continued.
8. Ninety days from the date of the Planning Commission
hearing, a status report from the Planning Department
Staff shall be presented to the Commission following
, communi cation wi th the property owner, adj acent resi-
dents and the Police Department.
(MODIFIED: forty-five days).
9. Exterior lighting in the parking lot shall be reviewed
by the Planning Department and Police Department. Ad-
ditional lighting may be required.
4. Compliance With Conditions
The City of San Bernardino Code Compliance Officer made an inspection
of 'the premises on September 14, ,1984, at 2:50 pm (see Attachment II).
A comment was made regarding the degree of compliance with each of the
conditions of approval. Below is a brief summary discussing each of
the comments as it relates to each specific condition of approval.
Item 1: Compliance wi th Conditi on #l is not bei ng achi eved as there
was no uniformed security guard on duty. The club was open for busi-
ness and customers were present at the time of inspection. The Chief'
of Police had required 3 uniformed security guards present during all
entertainment.
Item 2: See Item 1 and police report (Attachment #2).
Item 3: Condition #3 has not been complied with as there has been no
mechanical device (panic bar) installed on the rear door. At the time
of inspection, the door was open to all persons, whether entering or
exiting, from inside or outside. Additionally, as required in Condi-
tion #3, there is no sign on the rear door stating restricted passage.
Item 4: No trash pick-up program has been implemented as required by
Condition #4, and there was broken furniture and glass in the rear and
parking lot which appeared to have been left there for some length of
time.
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CITY OF SAN BERN
DINO PLA
NING DEPARTMENT
CASE Revocation of CUP
No. 671
AGENDA ITEM 5
HEARING DATE 12-04-84
PAGE 7
OBSERVATIONS
"
Item 5: Contrary to the intent of Condition #5, the existing planter
area on the north si de adjacent to 44th Street does not have, nor is
there any indication of it having been landscaped in the past 12
months, with the exception of one tree which is now dead. Also con-
trary to Condition 15, and State Law, the trash container was located
within the handicapped parking stall.
Item 6: Condition 16 was deleted. However, no restriping or replace-
ment of bumper stops in the parking lot has been done.
Item 7:, The requirement for lighting in the parking lot has not been
met as lighting is insufficient.
In conclusion, 11 months after final adoption of the conditions, it is
evident that no real apptempt has been made to meet or satisfy the con-
ditions and no substantial' compliance with the conditions of approval
has been achieved.
Hence, the problems at Rumours Night Club still remain and no attempt
has been made by the property owner to improve relations with the sur-
rounding neighborhood or upgrade the appearance or operations at the
bar.
5. POLICE REPORT
The City of San Bernardino Police Department has submitted a report
listing all calls received by the Department over a 21 month period
and a ~ummary of an investigation conducted at the bar (see Attachment
#2). The police report indicates that between the period of August 1,
1984 and October 15, 1984, 21 months, 40 calls were received and re-
quired response by the Police Department.
An analysis of the calls indicates that 23 (57.5%) of the calls re-
ceived were either on Friday or Saturday nights. All of the calls re-
ceived were between the hours of 9 p.m. and 3 a.m., of these calls 13
(32.5%) were received after 2 a.m. when the bar is closed and the
parking lot should be cleared. The type of complaints received and
requiring police response are broken into 4 basic categories: fighting,
persons disturbing the peace, parking violations, and loud music dis-
turbing the peace.
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.CITY OF SAN BERN
DINO PLA
ING DEPARTMENT
CASE Revocation of CUP
No. 671
AGENDA ITEM
HEARING DATE
PAGE
5
12-04-84
!l
OBSERVATIONS
Below is a break down of the number of each type of call received and
,the percentage of total:
Persons disturbing the peace
Parking violations
Loud music disturbing peace
NUMBER
12
17
7
4
PERCENTAGE OF TOTAL
30 %
42.5%
17.5%
10 %
TYPE OF CALL
/
Fight
TOTAL:
40
100%
.
The break down of calls indicates that the majority of calls (72.5%)
are in response to the hostile and sometimes violent behavior exhibi-
ted by the patrons of Rumours Night Club. The remainder of the calls
(27.5%) are mainly the result of the quite severe lack of parking pro-
vided on the site which causes illegal parking on the surrounding pro-
perties. A small number of calls are also received in response to the
loud music generated by the bar which disrupts the surrounding neigh-
borhood at very late and early morning hours. Primarily, the fight-
ing, disruptive,behavior and, of course, parking problems take place
in the parking lot or outside behind the bar which has an undeniable
negative effect on the surrounding neighbors, which are located in
such close proximity to the bar.
The amount of activity reported by the Police Department represents
approximately 4 calls per week regarding Rumours Night Club. This
number of calls seems excessive, especially in view of the fact that
typi cally 2-3 ca 11 s are received per week regardi ng other bars wi thi n
the Ci ty.
6. A follow-up investigation was conducted by the Police Department on
October 18, 1984 at 10:30 p.m. to ascertain compliance of the bar with
the Conditional Development Permit and the Business and Professional
Code of the State of California (see Attachment #3). The Police De-
partment's observations included:
(a) the parking lot was full, however, no illegal parking was
taki ng place.
(b) a uniformed securi ty guard wi th a Rumours T -shi rt on was
checking ID at the door, also a plain clothed security
person was roaming throughout.
.
OBSERVATIONS
ITV OF SAN BERNCOINO PLA~ING DEPARTMENT
CASE Revocation of CUP
No. 671
AGENDA ITEM
HEARING DATE
PAGE
5
12-04-84
9
"
(c) south side of building was clearly marked with a large
sign to prohibit loitering on the parking lot premises.
'(d) the rear door was locked, several patrons knocked on
the door, but did not gain entry through the rear door.
(e) the rear door failed to provide safety for the patrons
within the bar, due to the absence of a "panic bar."
(f) the stipulation that the employees clean up trash sur-
rounding the night club was not observed.
(g) the exterior parking lot was well lit.
The Poli ce Department concluded that further bar checks be conducted
on either Friday or Saturday nights at closing time to observe any
possi b 1 e i nci dents and better i nvesti gate the comp Tai nts recei ved. '
i
!
i
,
Surroundinq Residents
7.
The current revocation proceedings were initiated in response to a
number of letters addressed to the Mayor and Common Council received
from the owner of the Arrowhead Home, a 59-bed Intermediate Care Faci-
lity, located.adjace~t to the southeast corner of Rumours Night Club.
Between the tlme perlod of December 10, 1983 to October 10, 1984, 7
letters have been received in complaint of the operations at Rumours.
(See Attachments Nos. 4-10). '
Specific complaints and concerns include the following:
1. Illegal parking which blocks access lanes necessary to
serve the Arrowhead Home and parki ng wi thi n thei r lot.
2. Trespassing of Rumours patrons onto the Arrowhead Home
property and engaging in disruptive activity such as
fighting, urination on the property, threats and abu-
sive language made to hospital employees.
3. Broken glass and litter left on the Hospital property.
4. Damage to the hospital mailbox and unauthorized re-
moval of no parking signs.
In addition to these above mentioned on-going public disturbances and
problems, two quite serious incidents have occurred on the premises of
the Arrowhead Home (see Attachments #7 & 8). Briefly, these involve
the unauthorized entrance of a man, alleged Rumours patron, into the
room of a patient of the Arrowhead Home and the breaking into and
sleeping in the laundry room of the Arrrowhead Home by a Rumours patron.
. ,
CITY OF SAN BERN
UINO PL~
NING DEPARTMENT
CASE Revocation of CUP
No. 671
AGENDA ITEM ~
HEARING DATE 12-04-84
PAGE 10
OBSERVATIONS
,
8.
Alternatives
/
The owner of Arrowhead Home has suggested several possible solutions
which may alleviate the problems the hospital is having being a neighbor
of the bar. One alternative would be for Rumours Bar to station a
uniformed security guard on the Arrowhead Home property from 7 p.m. to
3 a.m. daily to prevent trespassing, parking, etc. Another alterna-
tive (see Attachment #8) which has been pursued through the Public
Works Department would result in the vacation of a portion of the alley-
way behind Rumours which provides access into Rumours, the apartment
building on the east side of Rumours and the Arrowhead Home. Vacation
of the portion of the alley behind Rumours would allow the Arrowhead
Home to construct a block wall across the alley thus physically sepa-
rating the two uses.
The alternative to vacate the alley may solve the problems effecting
Arrowhead Home. However, this alternative would do nothing to alleviate
the problems which were raised by the tenants of the apartment building
located adjacent to the east property line of Rumours. Closure of the
alley in the mddle of the block would also cause vehicular traffic
congestion and circulation problems as no adequate turn around areas
could be provided. In addition, the closure could cause confusion for
emergency vehicle access and could become a maintenance problem for
the property owners who would be given the responsibility for such
mai ntenance.
9. In light of the number of problems created by Rumours Night Club
effecting the Police Department, all the surrounding property owners,
and non~compliance of the bar with the conditions imposed by the Mayo~
and Common Council, the,only solution which would eliminate all the
problems is revocation of Conditional Development Permt No. 671.
l
,
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE Revocation of CUP
I:' ^ leT No. 671
r" AGENDA ITEM
HEARING DATE
PAGE,
FINDINGS of
5
12-04-84
11
,~
....
,.
1. Numerous complaints from surrounding residents and the amount of
police activity indicates that the operation at Rumours Night Club
is creating a public nuisance.
2. Full compliance with the conditions of approval imposed by the
Mayor and Common Council on December 5, 1983, has not been achieved
and the permi tis bei ng exerci sed contrary to such condi ti ons.
3. Conditional Development Permit No. 671 is being and has been exer-
cised so as to be detrimental to the public health and safety of
the citizens of the-ntY'of San Bernardi no.
RECOMMENDATI ON:
Based upon the observations and findings of fact above, Staff recom-
mends revocation of Conditional Development Permit No. 671 which per-
mitted dancing and live entertainment in Rumours Night Club.
.
Respectfully submitted, '
FRANK A. SCHUMA
Planning Director
~ ifrtuH
KNECH
Associate Planner
""
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To FOR FILE
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Frdm SlEVEN LOCATl
Date OCTOBER 6, 1983
Subject 4397 NORTH SIERRA WAY - RUMOURS
Approved
Date
,
/
On October 4, 1983, I went to the Rumours. 4397 North Sierra Way,
in response to a complaint made by Deputy State Fire Marshal DON
MASTERS.
T~e complaint alleged complaint was that the rear door was locked.
Previously the management of the Rumours had requested that all
hardware with the exception of a d~abolt lock be removed. The
building is served by two other emergency exits. I had allowed them
to do this, because they were receiving noise complaints when the
door is opened.
In response to the new complaint, Specialist MONTOYA, and I conducted
a measurement of the maximum overall deiagona~ which was 71 feet
(measured with the wheel). The distance between'exits is 50-feet.
(measured with the wheel), and this meets the requirements of Title
24, California Administrative Code, Section 3302 {c}.
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Fire Prevention Specialist
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To
Dave Anderson, Principal Planner
Planning Department
Rumour's Night Club
4397 N. Sierra Way
Bill Murray, Code Compo Off.
Dept of B1dg & Safety
Date i September 18, 1984
i
,
Subject
Approved
Date
"
/
On September 14, 1984, at your request, I inspected the Rumours Night Club
located at 4397 N. Sierra Way. The purpose of this insp~ction was to evaluate
the degree of compliance with the requirements imposed b~ the City Planning
Commission at their meeting on August 16, 1983. During ~his inspection, the
following deficiencies were noted: i
Inspection time: 2:50 p.m.
I
I
There was no uniformed security g~ard on duty at this ti1e. (The Club was
open for business and customers were present.)
i
Item II P-ll I
According to Lt. Maier of the Police Department, they haje had no calls for
the past two (2) months.
Item III P-12 ' ,
Item I P-11
.
There has been no mechanical device (panic bar) instal1e~ on the rear door.
Door was open to all persons, whether entering or exitin~, from inside or
outside. In addition, there is no sign ~n rear door stating restricted passag~.
Item IV P-12
There was broken furniture and glass in the rear and par~ing lot of the building
that had not been hauled away. It appeared to have been'there for some time.
Pic. 1.
Item V P-12
a. The existing planter (parkway) area on the north side adjacent to 44th Street
does not have nor is there any indication of it having been landscaped in
the past 12 months, with the exception of one tree w~ich is now dead.
b. The trash container was parked in the handicapped parking stall. Pic #2 & 3.
,
,
Item VI P-12
a. There has been no block wall constructed on the east side of the property.
b. No restrlping has been done in the parking lot. Pic #4 & 5.
Item IX P-12
There are no lights for the parking lot. ,
elF., 011 FH.:::M~'WE
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Dave Anderson
Planning Department
4397 N. Sierra Way
September 18, 1984
Page '-2-
o
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/'
Item I P-ll Interview of Chief of Police
On September 17, 1984 I talked to the Police Chief regarding security. He
stated that he had required them to have three (3) security guards present
during live entertainment. They were to be dressed in distinctive "T" shirts
stating Rumours Security.
Interview with Mr. Don Popovich
On September 14, 1984 Mr. Popovich, administrator of the Arrowhead Nursing Home,
stated the following:
That he had to sweep up glass from broken beer bottles ev~ry morning in his
parking lot before it could be used. In addition to this they are still making
noise, etc. Mr. Popovich further states that his staff h~s been threatened
if they call police.
On September 17, 1984, while I was taking photos at the R~mours Club, Mr.
Popovich stopped to talk to me again. He stated that on the evening of
September 15, 1984 some persons, in a drunken condition, from the Rumour's
invaded his nursing home.
Conclusions
.
That the Rumour's has not substantially complied with the requirements of
August 16, 1983.
l!!l7lA
Willlam J.~~
Code Compliance Officer
Department of Building and Safety
Tl"' ""^'W"''''''''''''T''" ~
<CiTY OF SAN BER~RDINO (y MEMORANDU~
To LT. W. HARP
From OFFICER MICHAEL POTTS
VICE-NARCOTICS DIVISION
Date OCTOBER 23, 1984
Subject RUMOURS BAR INVESTIGATION
Approved
Date I
,.
Due to recent complaints turned in residents and business owners on the
establishment known as Rumours, located at 4397 North Sierra Way, an investi-
gation was conducted by the Vice-Narcotics Division. OFFICER GRZONKA was
assigned to conduct an investigation at the business in order to establish
if they were in compliance with the Municipal Code of the City of San Bernardino,
as well as the Business and Professions Code of the State of California.
On 10/18/84, Thursday, he entered the business in' order to ascertain if any
of the complaints were justified. While he was in and around the business,
he observed no serious violations of either the Municipal Code or the Business
and Professions Code relating to alcoholic beverages. (For further, see 'memo
by OFFICER GRZONKA).
On 10/22/84, I was advised that POLICE ASSISTANT JOYCE JOHNSON had compiled a
,list of calls that were responded to, by uniformed patrol at and around Rumours
Bar, located at 4397 North Sierra Way. The research was done conunencing August
1, 1984 and concluding on October lS, 1984. The following is a list which I
received.
AUGUST, 1984
DATE TIME TYPE ,OF CALL DISPOSITION . CRIME #
8-l/Wed. 01 S S.,. 021 0 41S Fight/647f Arrest Arrest/Report 84-7836S
8-2/Thu. 2330-2340 Parking Citation Ci ta tion
8-3/Fri. 0030-0040 41S/Advised Resolved
8-3/Fri. 01S5-0200 41S Fight/Cleared lot GOA E, D. F Units
(44th & Sierra Way)
8-4/Sat. 0310-0320 '2 Parking Citations Citations
(44th, & Sierra Way)
8-8/Wed. 01 4 S-0155 415 Music (44th & S/W) UTL/GOA
8-11/Sat. 02l5-022S 41S Music/area quiet Resolved/Un
8-1S/Wed. OOOS-OOlS Parking Citation Citation
8-l6/Thu. 0045-0120 Tow vehicle/226Sl(D) Report (CHP 180) 84-83963
(4300 blk. N. Sierra Way)
8-l7/Fri; 0200-0215 Cleared lot Resolved
8-l8/Sat: . 22S5-2305 415 Subject/Resolved Resolved
prior to arrival
8-1 8/Sa t . ,004S-0l00 41S SUbject/Left Resolved
8-24/Fr!. 2310-2315 Parking Citation Citation
(Alleyway behind bar)
8-24/Fri. 020S-0215 41S SUbject/moved along Resolved'
8-25/Sat. 011 0-011 S Parking Citation Citation
(44th & Sierra Way)
e I.,., 0 II ., H. .::;M~V"
o
1.7' . HARP
OCTOBER 23, 1984
PAGE TWO
8-25/Sat.
8-25/Sat.
8-27/Mon.
8-31/Fri.
8-31/Fri.
,.
0115-0120
0210-0220
0210-0220
0200-0235
0245-0300
SEPTEMBER, 1984
9-2/Sat.
9-3/Sun.
9-5/Wed.
9-5/Wed.
9-8/Sat.
9-1 O/Mon.
9-13/Thu.
9-15/Sat.
9-19/Wed.
9-19/Wed.
9-21/Fri.
9-22/Sat.
9-29/sat.
9-29/Sat.
OCTOBER, 1984
10-4/Thu.
10-5/Fri.
10-6/Sat.
10-11/7'hu.
10-15/Mon.
10-15/Mon.
0115-0120
0200-0215
2105-2115
2115-2125
0155-0210
2240-2250
0110-0130
0145-0155
0200-0210
2340-2355
2300-2310
0150-0205
0040-0045
0205-0215
2030-2045
0110-0130
2255-2300
0200-0240
2305-2335
0030-0035
o
o
Parking Citation Citation
(Alleyway behind bar)
415 SUbject/moved along Resolved
415 Subjects/moved along Resolved
594 Report (4400 N. S/W) Report
Check subject/checks ok F.r.
(4300 b1k. N. S/W)
415 Music
(4400 b1k: Sierra Way)
415 Subjects
415 Subjects
415 Subject/647f-10-35m
(44th & Sierra Way)
415 Subjects in vehicle Resolved
4,15 Subjects in pkg. lot Resolved
415 Subject Resolved
415/647f's-c1earing Resolved
street
Clearing lot of subjects Resolved
and vehicles
415/657f female
415 Music (4300 b1k.
N. Sierra Way)
415 Subject/moved along Resolved/Cites
647f's/2 parking cites
415 Subjects/moved along Resolved
415 Subjects/clear Resolved
parking lot
Check subject deflating
tires (check ok, her own
415 Subject
415/647f
647f/415 Fight
(Across from Rumours)
647f (4360 N. S/W)
647f (4342 N. S/W)
GOA
GOA
UTL
Arrest/Report
Resolved
UTL
Resolved
car
GOA
GOA
Arrest/Report
GOA
Arrest/Report
. ,
o
A Unit
84-90572
84-92346
(Backed by another
uni t)
"E" Unit/2 NF" Units
84-106738
"A", "B", "F" and
"D" Units
84-108088
,
o
[,T. HARP
OCTOBER 23, 1984
PAGE TWO
o
o
o
The list indicates 40 responses to the business during a two and a half
month period. Several of these calls required more than one unit to respond
due to the fact and nature of the call, I.E. 415 subject, either fighting
or intoxicated.
The primary hours of response are 2300 to 0300 hours and primarily on Friday'
and Saturday nights.
/'
Respectfully submitted:
Ar-
,4!I,,e..C r. ?
OFFICER MICHAEL POTTS
VICE-NARCOTICS DIVISION
lrl
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I. f 1
~TY OF SAN BER:~RDINO (J MEMORANDU~
To SGT. D. HERNANDEZ
From OFFICER MICHAEL GRZONKA
Subject FOLWW-UP BAR INVESTIGATION AT RUMOURS
Date October 19, 1984
App~'" {8
FOLLOW-UP INVESTIGATION:
Date /tJ/Z-c, -r r
" On 10/18/84, at approximately 2130 hours, myself, accompanied by Detective CLIFF
LINGREN and Officer FAY KOVAL, conducted a follow-up investigation at the bar
known as Rumours. The purpose of the investigation was to conduct a bar check
in order to see if Rumouz:s Night Club had complied with the City of San
Bernardino conditional deve10pment,permit issued on 8/16/83.
The investigation was to be conducted in response to complaints received by
the San Bernardino Police Department and City of San Bernardino by the Arrow-
head Home, located at 4343 North Sierra Way. The Arrowhead Home is a
convalescent hospital located in the alleyway south of Rumours Night Club.
The problems concerning the Arrowhead Home are as follows:
Illegal parking by patrons of Rumours bar on the premises of Arrowhead Home.
Use of the premises of Arrowhead Home by patrons of the bar during the hours
of one to three a.m. in the morning. Littering of the premises of 4343 North
Sierra Way. Damage to the property caused by patrons of the bar, and threats
made to the employees of Arrowhead Homes by apparent p<ltrons of the bar.
The investigation conducted was to observe any possible non compliance of the
conditional use permit and to investigate any of the complaints received from
4343 North Sierra Way.
At the time of our bar check, I observed the parking lot, just south of Rumours,
to be entirely full. Other vehicles were parked along the street, directly
in front of Rumours. I did not observe any vehicles parked in any areas other
than the street and the parking lot of Rumours.
At the door, there was a uniformed security guard with a Rumours T-Shirt on,
who was checking ID at the door. There was also one plain clothed security
person roaming throughout, inside and outside of the premises. During the
bar check, I observed no enforcement action taken by the security guards or
any need for such action.
The south side of the building was clearly marked with a large sign to
prohibit loitering on the parking lot premises. The rear door of the premises
was locked during the entire time of our bar check. Several subjects did knock
on the door from the outside but did not gain entry through that door. The door
did fail to provide safety for the patrons within the bar, due to the absence
of a panic type bar to allow exit iil the event of some type of ennrgency. Thp
door was dead bolted and in order to get out of the door, it would be necessary
to have the key.
elF., Oil FH.=1M~n
,
o
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o
SGT. D. HERNANDEZ
MEMORANDUM
PAGE - 2
The stipulation that the employees clean up trash surrounding the night
club was not observed, but at the time of the bar check, the premises appeared
to be orderly and clean.
,.
The exterior of the parking lot was very well lit with a very bright light located
at the southeast corner of the building overhanging onto the parking lot.
It appeared that this single light, along with the other adjacent lights
provided satisfactory lighting for the parking lot.
A bar check conducted on the interior of the night club revealed approximately
30 to 40 patron. None of the patrons observed appeared to be under the age
of 21 and the front door security guard was checking identification.
At the time of our bar check, everything appeared to be in an orderly condition.
No disturbances were observed at any time. Although no disturbances or incidents
were observed at the time of this bar check, I would recommend that further
bar checks be conducted on either a Friday or Saturday night. I further
recommend that these bar checks be conducted at a time when the bar would close
in order to observe any possible incidents involving patrons after hours using
premises other than the Rumours Night Club. This way, we would be 'able to
better investigate the complaints received by the adjacent properties involving
the patrons of the Rumours Night Club.
I
Respectfully submitted,
.vmm
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ARROWHEAD HOME
43043 NO. SIERRA WAY
SAN BERNARDINO, CAL. 92407
714-a8S.4731
o
o
OCT 111984
CITY PlANi'Ji:JG DEPARTMENT
SAN BEilNAR!:!Ii/D. ell .
October 10, 1984
Mr. Dave Anderson
Planning Commission
Ci ty Hall
300N. 'D' Street
San Bernardino, CA 92418
Re: Conditional Use Permit of Rumours Bar
Dear Dave,
During the evenings of October 4th, 5th, 6th and 7th,
1984 we again had patrons of the Rumours Bar parking their
cars in our lot. We had to have several cars towed away.
In addition we once again had broken beer bottles and beer
cans allover our grounds.
I hope the Planning Commission can help us resolve
these continuing problems,
Thank you,
~ r-----f.
Don Popovich
Administrator/Owner
cc Lou Little
./
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ARROWHEAD HOME
4343 NO. SIERRA WAY
SAN BERNARDINO, CAL. 82407
714.886.4731
o
Mr. Dave Anderson
Planning commission
Ci ty Hall
300 N. "0" Street
San Bernardino, CA 92418
o
September 24, 1984
Re: Conditional Use Permit Rumours Bar
Dear Dave,
On Sunday, September 23, 1984, again we had broken
bottles and debris in our parking lot from patrons of
Rumours Bar. In addition we had to tow several cars away
that were illegally parked. This problem is ongoing and
needs a permanent reso1u~ion.
Thank you for your' attention in this. matter.
Sincerely,
cc: Lou Little
"-~.
Don Popovich
Administrator/Owner
rn rnoornowm lID
SEP 25 1984
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ARROWHEAO HOME
4343 NO. SIERRA WAY
SAN BERNARDINO, CAL. 82407
714.886.4731
o
o
OCT 05 1984
CITY PlAiVr~ING DEPARTMENT
SAN BERriARDINO. CA
October 2, 1984
Mr. Dave Anderson
Planning Commission
Ci ty Hall
300 N. '0' Street
San Bernardino, CA 92418
Re: Conditional Use Permit of Rumours Bar
Dear Dave,
On September 28, between the hours of 11:00 p.m. and
11:45 p.m. members of my staff observed patrons of Rumours
Bar urinating on the hospital buildings and by the dumpster
in addition many cars were parked in the lot and cars were
driven in ,our lot in a reckless manner.
I hope the Planning Commission can help to resolve
these frequent occurrences.
Thank you,
Don Popovich, ,
Administrator/Owner
cc: Lou Little
.
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SEP 181984
r\1Y PlANNlt~G IlEPARTNlE~i
I' SAH BERNM\IlIN~. C.A
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September 17, 1984
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A.RROWHEAO HOME
4343 NO. SIERRA \NAY
SAN BERNAROINO, CAL. 82407
714.S86.4731
Mr. Dave Anderson
Planning Commission
City Hall
300 N. "0" Street
, San Bernardino, CA 92418
Re: Conditional Use Permit for Rumours Bar
Dear Dave,
On Saturday, September 15th at approximately 2:00 a.m.,
actually it was Sunday, September 17th, 2:00 a.m., our charge
nurse was alerted by one of the residents screaming that there
was a man in her room. When the charge nurse went to investi-
gate he saw a male suspect fleeing the grounds. The charge
nurse gave chase, but the subject escaped.
We have a strong reason to believe that this person was
a patron of the Rumours Bar.
It is bad enough when their patrons cause problems on
the grounds of the facility, however when they enter the
facility and frighten the elderly residents it becomes much
more serious, and a definite danger to the health, safety and
welfare of the residents.
As a responsible, prudent man I am requesting immediate
relief from this danger to the residents of the facility.
There are several ways this might be done, but perhaps the
most expeditious would be to require Rumours Bar to station a
uniformed security guard on our property from 7 p.m. to 3 a.m.
daily to prevent their patrons from enter the facility, parking
at the facility, loitering and littering the facility grounds
This would provide the facility with a sense of security unt' 1 ,~I~P::
tha-issue can be resolved. liO/J7'NG
rA,~
Again, I thank you for your attention in this matter.
Sincerely,
~ r------r.
Don Popovich
Administrator/Owner
V.D.
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ARROWHEAD HOME
4343 NO. SIERRA WAY
SAN BERNARDINO, CAt... 92407
714.86B.4731
September 14, 1984
Mr., Lou, Little '
Public Works Department
Ci ty Hall '
300 N. "0" Street
San Bernardino, CA 92418
Re: Request for Street Vacating
Dear Sir:
I am the administrator and' owner of Arrowhead Home,'
located at 4343 North Sierra Way in San Bernardino. Arrow-
head Home is an inte~ediatecare facility that currently
houses, 59 patients.
To the north of the facility, and right next door, is
the Rumours Bar, the reason for the vacating request.
Enclosed is a letter I wrote to the Mayor on December
1, 1983 outlining some o~,the proQlems we ha?, ,at that time
with the bar patrons.,
j.,-
, :, Subsequent to this letter' ,the Plan~i~:g bonimissi~n 'ap-
proved the Conditional Use Permit of the bar. ;'At that time
the bar visa and via their attorney,E. Toby Bowler, made
promises including, but not limited ,to exercising control
of their patrons in terms of parking on our lot, breaking
bottles and glass in our lot, fighting in our lot, and
threatening the employees of the facility in our lot when
they were asked to not park there. They have not lived up
to their promises. They still continue to park, fight,
urinate, break bottles and glass an~ provoke the staff in
our lot.
One morning we,foundra window in the laundry broken
and a man sleeping in the laundry. When police were summoned
and awoke the sleeper it was discovered he had been at the
Rumours Bar and was too drunk to get home so he had,broken
the window and ,had a little snooze. These problems happen
every night.
Since the promises the bar has made have not been kept
we are requesting that the alley that runs behind the bar
and business office of the hospital be vacated and we be
allowed to build a blockw~ll 'closing the alley. I have
enclosed a drawing to better explain this.
,I
"
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We feel that by building this block wall we could prevent
Rumours patrons from trespassing, littering and committing
other crimes against our property. In addition by allowing us
to block the alley we could stop the traffic that zooms down '
it daily and thereby create a safer environment for the elderly
residents that do not walk, hear and see as well as they once
used to" when they need to visit the business 'office, laundry
and activity room ,located on Sierra Way.
/
We feel that we have been reasonable in this matter and
our resolve is firm. We intend to use any and all channels of
procedure available to us to either block the alley and/or
revoke the Conditional Use Permit of Rumours Bar. '
I appreciate your consideration in this matter.
Sincerely,
~ f----A'
Don Popovich
Administrator/OWner
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ARROWHEAD HOME
4343 NO. SIERRA WAY
SAN BERNARDINO, CAL. 82407
714-e88-4731
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September 14, 1984
Mr. Dave Anderson
Planning Commission
Ci ty Hall
300 N. "0" Street
San Bernardino, CA 92418
Re: Conditional Use Permit for Rumours Bar
Dear Sir:
I 'am requesting an investigation into the Conditional
Use Permit granted to Rumours bar by the Planning Commission.
Enclosed are copies of correspondence with Mr. Lou
Little of the Public Works Department regarding this matter.
I_appreciate any consideration given in this request.
Thank You,
~ ;r-----r.
Don Popovich
Administrator/Owner
Enclosures
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SEP 17 1984
CITY PLAN~JING DEPARTMENT
, SAN BmNARDlNn r.A
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ARROWHEAD HOME
4343 NO. SIERRA WAY
SAN BERNARDINO, CAL. 92407
714.886:4731
cm),:I:O~1 CO~iUCIL {)ffi~E
CITY OF SAH n[mll;Rm!~ry
r03 DEe -2 flit II: O~ecember 1, 1983
Mayor Bob Holcomb
City of San Bernardino
lOO North '0' Street
San Bernardino, CA
Re: Conditional Use Permit for Rumour Bar
Dear Sir:
As a very proximate neighbor of the Rumour's bar we wish
to express our concern and interest in the decision regarding
the Conditional Use Permit of Rumour's.
I represent Arrowhead Home, 4343 North Sierra Way. Cur-
rently Arrowhead Home is a 59 bed Intermediate Care Facility.
For the past 20 years it has operated as various health care
centers.
Currently there are seven establishments north of 40th
street to 45th on Sierra Way that serve alcoholic beverages.
We have never had any problems with any of them until this
past summer, and those problems all concern Rumour's.
Some of the problems we have had are as follows:
1. ILLEGAL PARKING - On one weekend we had city towing,
tow away 19 cars. As an ICF we are required by, fed-
eral, state, and local laws, codes and regulations
to keep access lanes open for,fire trucks and ambu-
lances on this particular weekend we were hard pressed
to do so.
2. USE OF THE FACILITY GROUNDS - The patrons of the bar
feel that the facilities grounds are a public rest-
room or a place to settle differences at 1:00, 2:00 or
3:00 a.m. in the morning,
3. LITTER - The patrons litter the parking area and the
front area with bottles and cans. It is true that the
bar does not let them leave with glasses, cans or
bottles. The patrons bring their own and drink them
prior to or upon leaving the bar. They discard them
not only on our grounds, but other parts of the gen-
eral area.
4. DAMAGE - On one occasion our mail box was torn down
and our no parking signs torn down as well.
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5. ABUSE AND THREATS - When we have asked patrons of the
bar to move their cars, or pick-up their trash they
haye been abusive and threatening to the staff.
...
We have attended planning commission meetings on this
matter and know that the commission has put new conditions
on the bar, i.e., security guards, landscaping, etc., but
we feel that these conditions beg the question.
...
The issue is not weather the bar can control the patrons
when they are in the bar, but weather the bar can control the
patrons or have a responsibility to control the patrons after
they have left the bar. We do not feel they have the ability,
the desire, or responsibility to control the patrons once they
are off the bar grounds.
We feel that there are enough establishments in the area
that serve alcohol. We also feel that the type of patrons at~
tracted to the Rumour's are not the type of patrons that have
illustrated they can keep a low profile when drinking.
In conclusion we feel that; first the neighborhood should
not have to show cause why this permit should be revoked, but
rather the bar show how it would enhance or enrich the neigh-
borhood, secondly if it is pUblic policy to allow such estab-
lishments to flourish we feel that this is bad public policy
and should be re-examined. Finally we feel that because of all
the problems that we have had as well as the rest of this area
had with Rumour's we feel that not only should the Conditional
Use Permit be revoked but the bar should be closed as a public
nuisance.
For Arrowhead Home,
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Don Popovich
Administrator
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LAW OFFICES
DEST AND BOWLER
E:. TOBY BOWLER
MIC~AEL M. PEST
357 WEST SECOND STRE:ET, SUITE I
SA:'\l HER~ARDINO. CALIFORNIA [12401
17141 ea9-1178 OR eeS-41S9
November 1, 1984
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City of San Bernardino
Planning Department
300 North "D" Street
San Bernardino, California 92418
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NOV 0 11984
CITY PLANNiNG DEPARTMENT
SAN 8ERr4ARDI~JO. CA
ATTN: DAVE ANDERSON
RE: ROBERT J. SULLIVAN/RUMORS NIGHTCLUB
--------------------------------------------
Dear Mr. Anderson:
This shall confirm our telephone conversation of
October 31, 1984, wherein I advised that I had been retained
to represent Mr. Sullivan with regard to the Public Hearing
noticed for November 7, 1984, at 7:00 p.m..
As I indicated, to assure that Mr. Sullivan's position
is properly represented, it is necessary that the hearing of
November 7, 1984, be postponed to a later date. This
request is based on two reasons.
First, the only notice Mr. Sullivan has received is the
"Official Notice" (pink sheet) which does not set forth the
reasons for calendaring a revocation hearing, nor has
Mr. Sullivan been able to obtain sufficient specific infor-
mation in his discussions with the Planning Department.
Secondly, the Notice of Hearing, above discussed, was
received by Mr. Sullivan on October 29, 1984, by first class
mail, contrary to the requirements of Municipal Code
Sections 19.78.110B.
For both of these reasons, I respectfully request that
the hearing now scheduled for November 7, 1984, be continued
to a later date so as to allow an opportunity to properly
respond and, more importantly, to render our utmost coopera-
tion to your department. As I will be on vacation the week
of November 19th, I would request that the hearing not be
set on November 21, 1984.
, .
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As we discusssed, it is our desire to meet with you at
your earliest convenience in hopes of reaching an amicable
resolution. Please advise me of your position regarding
the rescheduling of the hearing date.
Thank you for your courtesy and cooperation.
--
Very
t
ETB:bgl
cc: Robert J. Sullivan
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ARROWHEAD HOME
4343 NO. SIERRA WAY
SAN BERNARDINO, CAL. 92407
714.886.4731
Mr. Dave Anderson
Planning Commission
Ci ty Hall
300 N. '0' Street
San Bernardino, CA 92418
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November 1, 1984
Re:Conditional Use Permit of Rumours Bar
Dear Dave,
Rumours Bar held a Halloween party, last night and some
of the treats they left us were:
1) Cars illegally parked in our lot, about 15 or 16;
2) Cars left parked over night which we had to have
towed away this morning;
3) Lots of empty beer cans, bottles, bags and other
assorted trash in the parking lot;
4) Bottles, cans and glasses in our mail box.
I will be attending the Revocation Hearing of the permit
on November 7,1984 at City Hall. I hope'I have an opportunity
to meet you at the meeting.
cc Lou Little
cc Steve Marks, Councilman
Thank You,
~ v-----1.
Don Popovich
Administrator/Owner
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ARROWHEAD HOME
4343 NO, SIERRA WAY
S'AN BERNAROINO. CAL. 82407
714.e86.4731
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November 19, 1984
Mr. Dave Anderson
Plannin De
all
300 N. 'D' Street
San Bernardino, CA 92418
Re: Conditional Use Permit of Rumours Bar
Dear Dave,
The neighbors and I were a little disappointed that
the hearing on Rumours Bar was continued to December 7, ,
1984, but we understand that this is part of the process.
We all intend to be at the next hearing.
Unhappily I must advise you that once again, on the
weekends of 9, 10, 11 and 16, 17, 18 of November, cars
were illegally parked in our lot, about 16 or 17 each
night.
,Also there was the usual trash, i.e., broken bottles,
glass, bags, etc., in addition there was some sort of fight
in the alley the night of the 17th bringing complaints from
the residents of the facility. We cannot go on like this,
something must be done.
We hope the, Planning Commission can help us resolve
these problems with the bar. Aqain thank you for all your
help in this matter.
Sincerely,
~~.
Don Popovich
Administrator
cc Lou Little
cc Steve Marks
00 rn @ rn n \YJ rn, rID
NOV 20 1984
em rt/.Ee,i?,G llEPt.::TMENT
, SAN BERNARDINO, CA
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ARAOWHEAD HOME
4343 NO. SIEARA WAY
SAN BERNARDINO, CAL. 82407
714.68e.4731
December 4, 1984
"
Mr. Dave Anderson
Planning Department
Ci ty Hall
300 N. '0' Street
San Bernardino, CA 92418
Re: Conditional Use Permit of Rumours Bar
Dear Dave,
Last night, December 3, at approximately 7:40 p.m. I
had occasion to come to the facility, to assist the staff
in the management of a resident. Upon arrival I noticed
,that there were four (4) illegally parked cars.
After we had calmed the resident I checked to see
if the cars were still parked in our,lot. At 8:10 p.m. I
called City Towing and requested that its tow truck be
sent to tow the cars away. At 8:30 p.m. I called City
Towing back and was advised that it would be awhile before
they could come out to the facility.
I then called the San Bernardino Police Department
and told the radio dispatch officer of our problem. I re-
quested ,that they send an officer to the Rumours Bar to
announce that unless cars were moved that they would be
towed away. After checking with the watch commander the
radio dispatcher advised me that the police department
could not do this and advised me that I should go to the
bar and tell them myself. I told the dispatcher that I had
gone to the bar but there was no one at the front door to
tell and I did not wish to enter the bar. The dispatcher
advised me to call the bar, and against my better judgement
I called the bar and told them that there were cars parked
in our lot.
Shortly after the call about 8:45 p.m. two men came
out of the bar over 'to our parking lot to meet me. One
man, Fred, introduced himself as the manager of Rumours
Bar. He, Fred, told me he had been the manager since Fri-
day, December 1st and that he was going to solve all the ~
problems we had been having with Rumours. The two men took
license numbers from the cars and returned to the bar.
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Rumours Bar
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Shortly after the men announced in the bar that cars
would be towed away unless moved, the drivers of the cars
moved them off our lot. 1 went back into the facility and
checked on the resident and returned to my car in the lot.
..
The same two men, approached me while 1 was in my car.
Fred, the manger being closet to me, and a man dressed in
a red jacket and red hat. Fred advised me that "he was going
to be very diplomatic about this." He further advised me
that "1 should be reasonable about all this" 1 told Fred
"it was not up to me, but upto the Planning conunission and
the City Council with regard, to the Conditional Use Permit."
At this time Fred stated to me that "the bar business was
his livelihood and that he would just tell me one thing that
if he lost this job he would kill my F---ing Ass!" 1 rolled
up my car window and left.
On the way to my home 1 noticed a car behind me at 40th
and Waterman Avenue, this car followed me to Rocca Circle.
1 drove around for about 15 minutes until 1 was certain that
the car was no longer behind me. 1 then drove to my home.
When 1 got home 1 called the San Bernardino Police De-
partment and made an, incident report with the desk person.
1 did not sleep very well last night.
Because of the threat made on me'l am in fear for the
safety of my person and the safety of the facility. There
is no doubt in my mind that Fred has an intention to cause
me and or the facility harm. Therefore lam requesting im-
mediate relief to this threating situation.
1 hope that the Planning Conunission and or City Council
can please help me.
Sincerely Concerned,
;)-..;'L
r,
, Don Popovich
Administrator
cc: Lou Little
cc: Steve Marks
/ elTY OF SAN (;EfetARI?INO 0- (;EMORANDUrj
To
The File - Conditional Development Permit No. 671 From
Sunday Morning, 1:32 a.m. to 2:30 a.m., Date
December 2, 1984, Rumours Night Club
Edward L. Gundy
Senior Planner
Subject
December 3, 1984
'+-_ "" ~ r-
Approved \.AlU\, '"' ~
Date
1:32 a.m. -- Arrived at the Rumours Night Club establishment.
/'
First thing noticeable was a City Police unit parked in the north driveway
to the Rumours Night Club and another Police unit parked in the Sierra
Avenue driveway at the vacant lot on the southwest corner of 44th and
Sierra Way. I parked my truck at the vacant lot of southwest corner
of 44th and Sierra Way. I got out of my truck and counted 36 other
vehicles parked on the vacant lot with an additional six vehicles parked
on the north side of 44th Street. My truck was parked off of the alley
approximately 150 feet west of the main entrance at Rumour's.
The first thing I noticed when I got out of the truck looking toward
Rumour's was the voice of the D.J. talking over the sound system through
the open door of Rumour's. In front of the open door was a group of 23
individuals. During my one-hour stay, this group never got any fewer than
23 individuals and at times more people were added to the group bringing the
total up to approximately 40 individuals. Other smaller groups were seen
in the parking lot south of Rumour's and in the vacant lot where I was
parked. Loud yelling was commonly heard throughout the hour that I was
there. Car engines or motorcycle engines racing were also heard.
Cars were also parked on the east and west sides of Sierra Way extending
north and south of Rumour's. Police units had given tickets to some
vehicles parked on the west side of Sierra Way north of 44th Street.
Other cars were parked allover the lot for D & J Auto Repair.on the west
side of Sierra Way. The alley to the east of Rumour's had patron's
vehicles parked adjacent to the retirement home to the south of the Rumour's
parking lot. I witnessed three vehicles leave spaces. immediately east of
the retirement home at 1:47 a.m.
CITY ON TH.:::Mf)V.
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Memorandum to the (( -1 e
December 3, 1984
Page -2-
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- Conditional Development P~r it No. 671
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I walked from the alley across the Rumour's parking lot to my truck
parked in the vacant lot on the west side of Sierra Way. I drove
across Sierra Way and parked the truck immediately south of the southern
driveway approach to the Rumour's parking lot. From there I witnessed
vehicles driving from the vacant lot on the west side of Sierra Way into
the Rumour's parking lot. Also, people walking back and forth across
Sierra Way to and from vehicles parked on the west side of Sierra Way.
At 1:58 a.m. a small fight began in the parking lot south of Rumour's.
An apparent security person in a red, long-sleeved shirt broke up the
fight.
.
At 2:00 a.m. Rumour's closed, however, the parking lot was still
rumbling with groups of people. One male was seen drinking beer from a
can in the parking lot. Shouting could be heard from males and females
of locations of parties that were taking place. Customers stopped their
cars in the middle of Sierra Way to shout at friends in the parking lot of
a different location where they could meet.
At 2:20 a.m. the crowd had completely dispersed. Six cars were still
parked in the Rumour's parking lot, one car and one motorcycle were
parked in front of Rumour's. A brown Cadillac pulled into the vacant
lot across Sierra Way and honked the horn seven times.
At 2:25 a.m. a City Police unit pulled into the north driveway of
Rumour's, drove in, stopped for approximately two minutes and exited
by the south driveway.
For the first time
from som~ source.
since I had arrived there were no sounds
I stayed until 2:30 a.m. and left.
being emitted
11r
Senior Planner
o
LOCATION
CASE Revocation of Condo
Dev Perm; ~~? 671
HEARING DATE 12' 0 ~4
AGENDA
ITEM #
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
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