With the July 4 holiday just around the corner, the Lakeport City Council voted 3-2 – with Council members Suzanne Lyons and Jim Irwin voting no – to advance the ordinance to a June 2 public hearing.
Interim City Manager Kevin Burke took the council a proposed ordinance banning fireworks which mirrors the ordinance adopted by the county of Lake. Lakeport remains the only place in the county where safe and sane fireworks may be used legally, a condition that may not last much longer.
“This ordinance would make the city of Lakeport consistent with every other jurisdiction in the county of Lake and the city of Clearlake,” said Burke.
The only exception, he said, would be organized public displays such as those put on by Lakeport Regional Chamber of Commerce each year.
That would mean four Lakeport-based nonprofits – the Miss Lake County Scholarships Organization, the Clear Lake High School Booster Club, Terrace School Parent Teacher Organization and the Lake County Channel Cats – would lose a major source of fundraising. Group representatives have estimated the sales bring each of them $15,000 each year.
Dennis Revell of Revell Communications, representing American Promotional Events, TNT Fireworks and the nonprofits, presented more results from public records requests from local fire jurisdictions to support the groups' position that the fireworks have caused few problems over the years.
At the council's April 21 meeting, Revell presented statistics from Lakeport Fire Protection District showing six fires from 2003 through 2007 with fireworks listed as the cause, with less than 55 minutes of fire district response time required.
On Tuesday he presented information from Kelseyville and Lake County Fire Protection districts. The statistics showed that from 2004 through 2008, there were two incidents – both occurring in 2004 – attributed to fireworks. Both events totaled 28 minutes on scene.
In the Lake County Fire Protection there were five incidents from 2004 through 2008, with only one appearing to be fireworks related.
Revell said the ordinance before the council would not take effect until one minute after midnight July 3.
He said the nonprofits and TNT Fireworks are putting forward their own initiative and ordinance, and want to take it to local voters. The groups want to be able to sell the fireworks this July 4.
Karen Wilson, who works with the Miss Lake County Scholarship Organization, said fundraising options for the group are drying up.
Each year, Miss Lake County receives a $2,500 scholarship, and Miss Lake County Outstanding Teen gets $1,000, said Wilson.
“It is a scholarship program and we depend on these funds to get a venue for the pageant,” she said.
Tom Jordan of the Clear Lake High School Booster Club said the council needed to make its decision based on objective facts, not anecdotes and emotions.
“It has to be really solid information based around the ordinance that you currently have,” said Jordan.
He said the groups wished they had an alternative, and recounted how the groups had not sold the fireworks last year. In that case, they responded to concerns from the Lakeport Fire Protection District in the midst of a devastating fire year.
Referring to the upcoming state special election, Jordan said even if the proposed initiatives to help education pass, there won't be enough money for schools, making the funds raised by the booster club more important than ever.
He said they didn't want the current ordinance rescinded. He suggested putting the fireworks issue on the ballot to let the community decide. Jordan added that the nonprofits are prepared to negotiate with the city in good faith.
Nancy Ruzicka, a local resident and business woman who spoke at a previous meeting on behalf of keeping safe and sane fireworks legal, said she's supported the nonprofit groups in the past but can't this year. She asked the council to reconsider.
The groups can't raise such money elsewhere she said, noting that they would have to sell 50,000 plates of spaghetti at a spaghetti fundraiser to make up the difference. Ruzicka said a few trash can and median fires in years past don't warrant stopping fireworks sales.
Lyons told the council she thought they should reconsider, and Irwin agreed.
Mayor Ron Bertsch said he felt the council needed to stand behind Lakeport Fire Protection District Chief Ken Wells, who previously brought his concerns over safety to the council.
Councilmen Bob Rumfelt and Roy Parmentier also remained steadfast in opposing safe and sane fireworks.
Lyons said she was concerned about taking money from the nonprofit groups. “I think we need to look farther ahead,” she said.
She also asked, if they take away money from the Channel Cats, was the city going to pay for the Westshore Pool?
Rumfelt moved to introduce the ordinance, with Parmentier seconding.
“This is putting it so close to the deadline that there are going to be people here with fireworks anyway,” said Lyons.
Just before the vote was cast, she suggested the city may be better off letting the city's residents decide the issue in an election.
Council action summary
– Consent agenda: Items A through D and an emergency item, H, that was added addressing a Cinco de Mayo celebration were approved 5-0. Pulled from the consent agenda for individual consideration were the memorandum of understanding with the Lakeport Police Officers Association, which was passed 5-0. A 5-0 vote was taken to ask the Lakeport Yacht Club to consider paying the city a set dollar amount of $200 per month for boat storage. The council voted 4-1, with Council member Suzanne Lyons voting no, on granting a liquor license to Charanjit Kamar of Lakeport Express.
– Council business: Mayor Ron Bertsch moved discussion of Ordinance No. 878 to prohibit the sale, use, discharge and explosion of safe and sane fireworks within the city to the start of the meeting. The council voted 3-2 (Council members Jim Irwin and Suzanne Lyons voted not) to advance the ordinance to a June 2 public hearing.
– Citizen input: Charles Witt, who is in negotiations with the city to purchase his property, asked for an explanation of why the sales agreement has yet to be finalized. The council agreed to continue paying him $5,000 a month out of escrow to pay bills that arise from a program he set up for his church.
– Presentations: Dr. Jamesina Scott of Lake County Vector Control gave an informational update on a benefit assessment the district is seeking on a May ballot. Mt. Konocti Facilitation gave a report on its economic development activities in the city and requested a $2,500 grant that it says is necessary to show local support for larger grants. The council offered its support of the program cut told facilitators Susan Harmon and Sandra West that it wants to wait until it has a preliminary 2009-10 budget before committing the funds.
– Council business (continued): The council decided to delay granting the request from Redevelopment Director Richard Knoll to capitalize a business loan stabilization program in the amount of $200,000. Bertsch wanted to wait until closer to the end of the fiscal year for preliminary 2009-10 budget figures, while Rumfelt worried some businesses who need help might not hold on until then. The council voted 5-0 to approve Resolution No. 3253 adopting an identity theft prevention program, and received an update on city applications for stimulus money totaling about $13.5 million provided by Compliance Officer Dan Buffalo.
– Closed session: Staff was given direction on a case of potential litigation and the interim city manager position. No further details were available.
E-mail Elizabeth Larson at
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