- Local every day in
Tuesday night the City Council will hear the Lift Lounge’s appeal of the Planning Commission’s decision to cut back Lift’s last call for alcohol.
Although the WCPD and City Staff asked for a 12-month probationary period with alcohol service ending at 11:30 pm instead of the current 12:30 am, the Planning Commission wimped out and only voted to impose a 3-month rollback. Even that vote had two dissenters - Commissioners who felt that after 80 police incidents in 6 months, the owners just needed another chance.
The Lift owners now hope to convince the City Council that even a 3-month cutback in their alcohol service isn’t warranted. But the Staff is not backing down. In fact, they’re heading for a showdown.
The staff report for the City Council meeting notes that this is a "de novo hearing" - meaning that the Council isn't constrained to merely uphold or deny the appeal - the Council can arrive at their own decision.
The Staff recommends denying the appeal, but they have also drafted a possible alternative resolution whereby the Council could impose even stricter provisions, including the restriction of alcohol service to 11:00 pm for a full year, and a requirement of the owner or manager to be "on the floor" (not behind the bar serving drunks) at all times after 10:00pm.
Personally, I think that Lift got off too easy at the Planning Commission, and I think that Staff's alternative resolution deserves consideration. In particular, 3 months isn't long enough to see if Lift has really changed their business model and intends to operate as a "bona fide" restaurant, not a bar.
Now let's see if all the tough talk on the Council is anything more than just talk.
bye bresa
9:30 pm on Sunday, February 5, 2012
I do not think it makes sense to blame the a single bar. Aside from a couple dive bars.. they all seem to now be an attraction for the Ghetto folk and thus are all the source of the problem. Why Lift and not Crogan's? Why I remember when I was in High School (late 80's)...if we so much as drove down any of the downtown streets more than once we were pulled over for cruising...and we were all LOCALS. With that in mind, I would blame to police for becoming too lax. If you see a car with 24" rims worth more than the car and a pink temparary registration sticker in the window... assume they are going to be a problem. What happened to good old police profilig?
David P
10:56 pm on Sunday, February 5, 2012
Obiwan -- Well, the PC did not "wimp out" as you put it. I believe the PC wanted to give the business an opportunity to correct their errors.
And, by the way, as you know it was NOT 80 incidents in 6 months; it was 80 incidents in two years -- and not all of those incidents were as a result of the operations of Lift management.
And yes, I believe the owners should be given another chance -- WITH objective performance standards -- to bring their operation back in-line over a reasonable period of time.
And I do not believe staff is heading for a "showdown." That's a bit dramatic a description.
obiwan
12:37 am on Monday, February 6, 2012
David P - I'm a bit embarrassed by my factual error (6 months instead of 2 years), but still hold the opinion that the Planning Commission dropped the ball in not fully supporting the Staff and WCPD this matter. Given that incidents occurred over a two year period, with the WCPD issuing numerous citations along the way, didn't that give the business ample opportunity to "correct their errors" if they were so inclined?
And I'm happy that Staff is reopening the possibility of a longer probationary period, because under the Planning Commission's plan, Lift could probably just limp along for 3 months, then go right back to running a bar. A 12-month probation will require them to rethink their business model and figure out how to make it as a "bona fide" eating establishment, which is what they should have been in the first place.
michael frederick
11:59 pm on Sunday, February 5, 2012
David P,
I believe the police log stands as an excellent "objective performance standard" -- in not only detailing the number of incidents but their timing and nature, as well.
The fact staff's proposed Plan B is more harsh than the Plan A option suggests staff isn't wimping-out and has resolve. It suggests a "showdown." Thanks, staff -- WC appreciates you keeping an eye out for the square oak and what's best for all. The public safety and image of our city are certainly more important than whatever personal interests David P. and Allan Moore pursue.
These lounges were opened and operated under false pretense. The suggestion they deserve a "second chance" is absurd. There is no remorse -- just the declarations by LIFT's council that restricting AM alcohol sales will kill their business -- BECAUSE THAT IS THEIR BUSINESS! They are "bars", as even our resident expert, Barman, confusedly admits -- not the "restaurants" they were allowed to open-up as. I think that is self-evident.
The fact these establishments set-out to deceive is as obvious as their seating. They probably could use a year to redo the seating and learn how to cook.
SR
7:35 am on Monday, February 6, 2012
Mr. David Powell, please finish your term on the planning commision and leave any sort of public service. You failed the most simplistic test of a rather uncomplicated job. You are partly to blame for the stain this violence has brought to our community.
obiwan
9:47 am on Monday, February 6, 2012
In David P's defense, I have to say that although I disagree with him on leniency for the Lift, he's better than most of the public officials in this town when it comes to at least listening to what neighbors have to say. And I applaud him for having the GUTS to post in this forum.
David P
12:42 pm on Monday, February 6, 2012
Obi - Thanks for your kind comments.
Mike - That list of incidents. although objective, may not be quite accurate as to Lift management's control over some issues.
SR - Thanks for your opinion. When my term expires in four years, I will consider your recommendation. By the way, as I have offered to Mike Frederick (but he has yet to take me up on), if you'd like to meet over coffee to discuss the issues and my position on this issue specifically, let me know, please. I do like hearing differing opinions one-on-one. David P.
mikedude
7:56 pm on Tuesday, February 7, 2012
"a requirement of the owner or manager to be "on the floor" (not behind the bar serving drunks)"
My, what an appropriate typo.
Triple Canopy
12:05 am on Wednesday, February 8, 2012
IMO, it's easy to quarterback from the sidelines ala Obiwan and Mike Frederick. If any of you two had the balls to put up or shut up by being on a decision-making body then your tune would probably be different. Being a Commissioner requires balance and forethought... a characteristic that is apparently not exhibited by either of you. Step up and be part of the decision-making process instead of a couple of hang-arounds hiding behind this website and the blogosphere.
Mr. Powell, thank you for your voluntary service to the community and the vast majority of Walnut Creek residents. I believe each and every Commissioner contributes to the well being of the City and I am glad that the Commission is not a group which is stuck in group-think mentality.
Btw, I am not eligible to be on any WC body due to my residency - I know many aspects of your own City than you do. ~TC
michael frederick
11:50 am on Sunday, February 12, 2012
I hope everyone caught Kristina Lawson's excellent editorial in the Times today.
Of particular note was her city vision, too often lacking downtown: "Walnut Creek is a successful, thriving, family-focused community." Whether you have family here or not -- everyone benefits from the environment built here with this cornerstone. A lack of such vision is the gray-area where mischief lives, in the form of officials exercising unwarranted "discretion" on behalf of special interests. It leaves everyone regurgitating "economic ecosystem" and other equally nebulus terms, in order to prioritize short-term diversions over long-term vision.
"Andronico's is coming" was NO excuse for not planning. Andronico's has come and gone. For the next century, we're left with a stucco monolith that runs for two blocks along CA Blvd. Not very thoughtful...
Walnut Creek needs to stand for Walnut Creek, not just a handful of highly-organized and orchestrated businesses: "The laws in this city need to be firmly on the side of our residents, visitors and public safety officers -- not on the side of a small minority of businesses who cannot properly regulate and restrain ..." Bravo.
Hopefully, Ms. Lawson has helped David P. to channel his discretion in a positive direction, when she talks about the development of regulatory tools "to curtail businesses that either actively, or through ignorance, contribute to problems..."
LIFT was a significant contributor who, now, is less of one.
WC-Independent
8:50 am on Monday, February 13, 2012
MF - I believe David P is looking for those exact "regulatory tools" mentioned by Lawson. He's mentioned that we need a fair breakdown of the 80 number that's published while everyone else is painting LIFT as a significant contributor. BTW I walked by LIFT at 6:30pm on Friday and it was almost full.
Interested to hear your proposal for the Cheesecake, Tilly's, Men's Warehouse structure. What was your recommendation before the property was developed? Remember the old hardware store and dollar shoe place that sat on that ugly parking lot?
michael frederick
11:57 am on Monday, February 13, 2012
WCI,
If LIFT routinely does significant business during normal business hours, such as 6:30p -- why the claims that AM liquor sales are so critical to survival??? Your point suggests it shouldn't be necessary, as it isn't with most "restaurants" -- 6:30p is primetime, not 1 AM... I don't think most restaurants lean upon a business plan that hinges upon 1 AM liquor sales, do you?
Lawson is prioritizing public safety and city image. For this ATTORNEY, it is enough that businesses "actively, or through ignorance, contribute" -- a trial to determine exactly why they are a problem, as David P. parses out, is not required. It is simply incumbent upon them, for instance, not to have 4X the number of incidents as other establishments -- we don't need to characterize each tree; we can see the forest. David P. is prioritizing concerns for LIFT, where Lawson is prioritizing public safety and city image. I think the latter concerns are much more appropriate.
My recommendation was to have Plaza Escuela go through rigorous planning on the structure -- as opposed to shorting the structure to tout the incoming tenant and calling it a day. I didn't have any recommendation, just that expectation -- that tenants will come and go (as they inevitably do) but, the structure will be there for a century+ and it needs to work for the community over the long haul.
The choice wasn't "ugly parking lot" or bad development -- it was optimizing the development as a permanent fixture.