A council and staff workshop to discuss lists of goals gathered at a special workshop on Oct. 30, began at 5 p.m. before the regular council meeting.
While that Oct. 30 meeting, which took place mid-afternoon, was sparsely attended, at least 40 people were in the gallery at Tuesday night's goal workshop.
Originally scheduled to last until 6 p.m., the workshop ran instead until 6:30 p.m., as the council found the gallery of city residents with plenty of questions and comments about their own goals for the city.
Once the regular meeting got under way, the council took about an hour and a half to work through a lengthy agenda, including approving a building variance for a councilman, giving the OK to a first reading on an underage drinking ordinance.
Ordinance allows homes in light retail district
The council voted 5-0 to approve the first reading of Ordinance 868, which would allow residences to be built in the C-1 Light Retail Zoning District, with the issuance of a building permit and conformance to basic city-required criteria.
There are 30 parcels zoned for light retail in Lakeport, said Knoll, who noted that the impact would be “relatively minimal.”
Fire protection district asks for fee increase
Lakeport Fire Chief Ken Wells went to the council to request an increase in the fire mitigation fee imposed on new development to equal that charged by Lakeport Fire Protection District.
Currently, the fire mitigation fee collected in the City of Lakeport is $0.46 per square foot of construction measured by covered roof area, and $0.23 for structures equipped with sprinkler systems.
Under the new fee schedule, the fee would be $1 per square foot for unsprinklered structures and $0.50 for those with sprinklers.
The fees will help pay for the district's new fire station, estimated to cost $1.5 million, according to City Attorney Steve Brookes' staff report on the fee to the council.
There was no public comment on the item, which passed the council unanimously.
City raises sewer system fees
Sitting as the City of Lakeport Municipal Sewer District board, the council approved new sewer rates for city sewer system customers.
City Utilities Superintendent Mark Brannigan said the cease and desist order placed on the city early this year resulted in water capacity projects that must be paid for with the fees.
Mayor Roy Parmentier blamed the Central Valley Regional Water Quality Control Board for requiring the city to complete projects totaling more than $2.5 million.
“Because of it we’re going to have to raise our rates. That’s what that is,” said Parmentier.
The monthly fees will immediately go from $39.57 for single-family homes to $41.77 in July 2008, $42.93 in July 2009, $44.25 in July 2010, $45.52 in July 2011 and $46.79 in July 2002.
For apartments, fees will go from $30.50 per month to $32.18 in July 2008, $33.08 in July 2009, $34.09 in July 2010, $35.07 in July 2011 and $36.05 in July 2012.
Commercial ratepayers will see their monthly $39.57 bill, with a $4.52 volume charge, grow to $41.77/$4.79 in July 2008, $42.93/$4.92 in July 2009, $44.25/$5.07 in July 2010, $45.52/$5.22 in July 2011 and $46.79/$5.36 in July 2012.
In the Lake County Sanitation District's North Area, all general sewer users with sewer flows transmitted to the sanitation district for treatment will pay a monthly assessment of $9.50 to cover capital project reimbursement and replacement costs for the county's Basin 2000 Project, according to city documents.
In addition, schools shall pay $9.50 for each 33 enrolled students; convalescent care and skilled nursing facilities shall pay $3.80 per licensed bed; and laundromats shall pay $6.65 per washing machine, the ordinance states.
After some public comment and questions, the sewer district's board unanimously approved the new rates.
Clearlake mayor speaks on behalf of underage drinking ordinance
Lakeport Police Chief Kevin Burke introduced Ordinance No. 870, which regulates the possession of alcohol by minors on private property. Currently, law only makes it unlawful for minors to possess alcohol in public places.
“It’s very specifically targeted,” said Burke.
Because the state hasn't legislated on minors with alcohol on private property, the city can do so, said Burke.
The ordinance, added Burke, “doesn't alter existing search and seizure procedures.” In other words, it doesn't give police special powers to go into homes without probable cause, which is governed by federal constitutional law.
Clearlake Mayor Judy Thein, who introduced a similar ordinance in Clearlake which passed in July, told the council the ordinance has particular meaning for her. In December 2005, her daughter, Kellie, died in a collision caused by a drunk driver.
“I’m very passionate about this ordinance,” said Thein, who added that she wants to save other families from suffering what her's has because of her daughter's death.
The ordinance received both support and opposition from various quarters, said Thein. She answered some of the concerns from those opposed to it, including the assertion that it's up to parents to deal with underage drinking.
“Not all parents are responsible,” said Thein. “Sadly some parents simply don’t care what their children are doing.”
She recounted her work with Team DUI, a group including local law enforcement and experts on alcohol and drugs who speak to local middle and high schoolers about alcohol. Thein said at one school almost all of the children admitted to drinking alcohol.
“The need is here,” she said. “Underage drinking is a serious problem in Lake County.”
Thein said she will go before the Board of Supervisors to ask encourage them to accept a similar ordinance the county is now finalizing.
California Highway Patrol Officer Adam Garcia, speaking on behalf of local CHP Commander Dane Hayward, came to voice support for the ordinance.
Councilman Jim Irwin asked Burke how many times in the past year he would have used such an ordinance. Burke responded that he knew of one “major event” where the ordinance would have made it easier to pursue prosecution.
“We may never use it, quite frankly,” said Burke, but he said it gives officers an additional enforcement option.
Councilman Bob Rumfelt, who has previously worked as a Lake County Sheriff's deputy, told Irwin that when he was working he could have used such an ordinance at least once a month.
Burke added that the ordinance also will allow police to confiscate alcohol.
The council voted 5-0 to forward the ordinance to the Dec. 4 council meeting, at which time it will have another reading and a public hearing.
Councilman gets variance approved
Saved for the last action of the meeting, the council voted 4-0 to approve a building variance for Councilman Ron Bertsch, who appealed a Sept. 12 decision by the Planning Commission to deny his request.
Bertsch asked to build a second home on his property at 25 C. St. within the backyard's 10-foot required setback.
City staff and the commission both said the variance wasn't justified by the circumstances. However, at its Oct. 16 meeting, the council directed staff to come back with findings to allow upholding Bertsch's appeal.
The matter took less than five minutes, with no discussion by the council or the public; Parmentier said the public hearing was held at the Oct. 16 meeting.
Bertsch stepped down from the dais and sat in the audience's front row during the few minutes it took to settle the matter.
E-mail Elizabeth Larson at
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