LAKEPORT – On Tuesday the Lakeport City Council accepted an urgency ordinance based on that accepted by the Board of Supervisors on March 25 to protect against invasive mussels.

Ron Bertsch, the city's mayor pro tem, took the ordinance to the council. Bertsch also was appointed to the county's task force to craft the countywide ordinance, and has spent more than a year on the Clear Lake Advisory Subcommittee, which has researched quagga and zebra mussels.

The county wants the cities to adopt the same ordinance to make enforcement of a new inspection program uniform countywide, said Bertsch. The city's ordinance, like the county's, is to become effective April 8.

There are more than 6,000 registered boats in Lake County, said Bertsch, all of which can receive a sticker clearing them for launch if residents follow some basic guidelines, including filling out a brief questionnaire.

Fellow council members pointed out some basic language changes that were needed, included making it clear that boats based in Lakeport could venture in and out of city limits and not need reinspection, as long as they didn't leave the county.

City Manager Jerry Gillham, who said during the meeting it was his job to point out worst-case scenarios, asked why the city needed to adopt the ordinance.

Councilman Bob Rumfelt agreed, saying he expected he would have to follow the county ordinance even within city limits.

“We're not going to be able to enforce this ordinance," said Rumfelt.

Bertsch said the county will enforce the ordinance. “Then let them have the ordinance,” said Rumfelt, a comment with which Gillham agreed.

Gillham said the city wouldn't have the legal ability to not enforce the ordinance. “We're putting ourselves in the business of being a regulator,” he said. “As a city manager I think dollars, resources, and how are we going to pay for it.”

Replied Bertsch, “We're here to protect the lake. That's what is ordinance is all about.”

Suzanne Lyons, a Clear Lake Advisory Subcommittee member, said a lot of people have spent a lot of time trying to get the ordinance together.

She said Gillham's comments were “short-sighted.”

Lyons said policing for boats that have complied with the inspection program is one of the issues that is being ironed out. She said the situation is an emergency, and the cost to enforce the ordinance will be far less than trying to clean up the lake if the mussels get here.

She added that she believes having everyone stand up together to protect the lake is critical.

Rumfelt said he understood the necessity of the ordinance, but wondered if there was a way to support it without actually passing it.

City Attorney Steve Brookes said he expected the state would eventually require some minor revisions and “tweaks” on the ordinance.

The mussel issue is a statewide problem, said Brookes, and the ordinance is a start in the direction of addressing it.

Gillham clarified that he wasn't against the ordinance, just concerned about its impacts on the city.

Bertsch said they had to start somewhere. “I just don't see where we can sit by and say let the county do it.”

Mayor Buzz Bruns was concerned about the ordinance's wording. “There's a lot of ifs in this the way it's written.”

Despite the concerns the council ended up approving the ordinance unanimously.

Council considers changing planning commissioner selection

The council's other animated discussion during Tuesday's meeting concerned a suggestion by Councilman Roy Parmentier on a new approach to filling city Planning Commission vacancies.

The terms of Commissioners Walter Schlicher and Marc Spillman are expiring in June and May, respectively, according to city records.

Parmentier's suggestion was, rather than continue having city residents volunteer for the commission seats, council members should each appoint their own commissioner, like the county supervisors do when filling county Planning Commission seats.

Brookes pointed out that the city's current method for choosing commissioners follows the same protocol as that used by most cities. The difficulty in trying to match the county's selection process is that supervisors are elected by districts, not at-large as council members are, he explained.

Gillham also raised concerns about changing selection from an open call for volunteers to personal picks by council members. “I'm just wondering how that dynamic is seen in the public.”

“It's an advisory body, it's supposed to be somewhat independent,” added Brookes. “I think it works well the way it is. I think you're creating problems, perhaps, down the road, if you modify it.”

Rumfelt argued that if they changed the method of choosing commissioners, council members' choices should receive automatic approval, and not subject picks to a full council vote. “If you're going to let me appoint somebody, you can't take that away from me. That's the way I see it.”

City Clerk Janel Chapman said council members already have the ability to recommend someone for a position.

“I think it's healthy the way it is,” Bruns said, noting that it invites public participation.

Parmentier's original suggestion to change the selection process ended up dying after the discussion.

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