Before a packed council chamber, Ordinance No. 878 passed with a 3-2 vote. The council's division on the issue remained the same, with Council members Jim Irwin and Suzanne Lyons voting against the ordinance, which will go into effect July 3.
The ordinance puts Lakeport in line with the rest of the county and with Clearlake, where state-approved – or, as they're more commonly known, safe and sane – fireworks are against the law.
In the face of what appeared to be a foregone conclusion, opponents of the action put the council on notice of their intention to move forward with a ballot measure this fall.
Thomas Jordan, president of the Clear Lake High School Booster Club, was the only member of the public to speak to the council during the brief public hearing that accompanied the ordinance's second reading.
The booster club is one of four nonprofits – the others are the Miss Lake County Scholarship Organization, Terrace School Parent Teacher Organization and the Lake County Channel Cats – that for many years have sold fireworks in the city as an annual fundraiser.
Last year, based on the concerns of Lakeport Fire Protection District Chief Ken Wells, the groups suspended fireworks sales.
This year, Wells again voiced his concerns to the council and suggested denial of the groups' permit applications. In April the council did just that – which will prevent the groups from putting up booths again this year – and directed staff to come back with a draft ordinance.
The nonprofits, with the support of American Promotional Events and TNT Fireworks, gathered 693 signatures to put an initiative on the ballot, Jordan told the council.
Jordan said the signatures were collected in a week's time, a “remarkable accomplishment” that he suggested was a sign that the city's voters didn't agree with the council. He suggested the number of signatures amounted to more than the votes received by the council members who were up for election last November.
Jordan said the signatures were filed with City Clerk Janel Chapman on May 26.
By early August, however, the council will need to take action with regard to the initiative effort. Jordan said the council could adopt a modified ordinance proposed by the nonprofits, immediately order an election or request a study period. If the council didn't set it for election, a special election could be called on Dec. 1 or Dec. 9, he said.
Putting the initiative on the ballot will cost the city money, said Jordan.
Given the “overwhelming response” to the petitions, Jordan urged the council to adopt the groups' proposed ordinance, which would allow fireworks sales to continue with some additional time restrictions, and rescind their previous vote on Ordinance No. 878.
Chapman said she has an appointment on Monday with county Registrar of Voters Diane Fridley to begin verifying the signatures on the fireworks initiative petitions.
Councilman Bob Rumfelt moved to accept the ordinance, which Councilman Roy Parmentier seconded.
Lyons asked city staff for a ballpark figure on the election costs. “It seems to me that we're in kind of a mess here,” she said.
Chapman guessed that the election could cost $3,000. Just her time to verify the signatures – all of which must be checked – will be costly to the city, she said.
She added that at least 100 of the signatures belonged to people who live outside of the city limits.
Lyons suggested that the initiative would overturn the council vote if everyone who signed the petition votes.
“They want us to think that,” replied Rumfelt, adding that people who sign petitions don't always vote in favor of resulting initiatives.
Referring to the costly two days to verify the signatures, Rumfelt asked Wells how expensive a two-day fire in the city – with destroyed homes and vehicles – would cost.
That question received some jeers and comments from the audience. George Spurr, a candidate for the council last November, pointed to a report submitted by the fireworks supporters that found that there had only been 55 minutes of response time for several fires blamed on fireworks in Lakeport over the last several years.
Wells said it only takes one spark.
“You're speculating,” Spurr replied.
Wells told the council it's hard to estimate how much it would cost to fight a fire over two days.
He said he was accompanied by two of his district commissioners who were showing their support because the district has no money for a major incident. Wells, reiterating a comment he made in previous council meetings, said it was his job to advise the council on safety issues.
The council took the 3-2 vote, after which about half of the people in the chambers exited the meeting.
As a point of trivia, Jordan was off – but not by much – in his comparison between the signature numbers and last November's election results.
In that election, the three winning council members – Lyons, Rumfelt and Parmentier – received 783, 772 and 703 votes, respectively.
E-mail Elizabeth Larson at
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