CLEARLAKE, Calif. – Clearlake's newest councilman took the oath of office and participated in his first meeting on Thursday.

Nick Bennett was sworn in at the start of a special Clearlake City Council meeting Thursday evening at City Hall.

Council members Gina Fortino Dickson, Joyce Overton, Russell Perdock and Bruno Sabatier first went into a closed session discussion regarding labor negotiations before emerging and beginning the public portion of the meeting.

At that point, City Clerk Melissa Swanson administered the oath to Bennett as his wife Teresa, daughter Nichole and about a dozen community members looked on. After taking the oath, he received a standing ovation.

The council had voted unanimously on May 12 to add Bennett to their number.

He will serve out the remaining months of the term of Denise Loustalot, who left the council at the end of March because she and her family had moved just outside of the city limits. Loustalot's term ends in November.

Bennett retired last year after a lengthy law enforcement career. His last job was as a Clearlake Police Department sergeant.

With his oath taken, it was time for Bennett to join his colleagues and get down to business.

In the three-hour meeting that followed, Swanson led a brief new council member orientation before the council moved into a discussion of how Series A Bond funds should be allocated to city projects – which was the longest portion of the meeting.

The council ended with a study session on the city's mission statement, core values, vision and goals.

After the meeting, Bennett told Lake County News that he intends to run for the council this fall, and had committed to doing so if he was appointed.

In addition to the seat Bennett now holds, the seats held by Fortino Dickson and Overton also will be on the November ballot.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKEPORT, Calif. – On Tuesday the Lakeport City Council introduced the initial reading of an ordinance to address soliciting and panhandling in the city, which is set to be brought back for a public hearing next month.

Lakeport Police Chief Brad Rasmussen presented to the city council the ordinance, based on an ordinance adopted in Grass Valley.

In the proposed ordinance's introductory paragraph, it states that it is meant “to regulate solicitation in the city to allow residents to protect their peace and tranquility, to allow the free and safe flow of pedestrian and vehicular traffic, and to deter fraud and other criminal behavior,” while also respecting state and federal constitutional rights of free expression, and excluding religious and political activities.

The new regulations would require anyone participating in soliciting activities to apply to the city for a free permit that would be valid for 30 days unless renewed, revoked or suspended. At the discretion of the city manager, the permit could be extended for more than 30 days.

Rasmussen explained that issues with panhandling in particular – both on public and private property – have increased within the last few years, leading to a significant number of complaints from businesses and residents.

“We have not previously had an ordinance that addressed this type of behavior,” said Rasmussen,

The city had looked at several ordinances in other areas and worked with the city's legal counsel. The proposed ordinance – which can be seen on page 46 of the agenda packet below – is believed to be the most effective way of dealing with the problematic behavior, according to Rasmussen.

The new rules would apply to anyone planning to solicit – whether it was nonprofits, community groups or private individuals. Without a permit, Rasmussen said officers would be able to tell people to cease and desist soliciting immediately.

Rasmussen said the ordinance lays out specific acts that are prohibited, including those related to aggressive panhandling, such as blocking people's path, following people and approach moving vehicles, all of which have been issues in the city in the past.

“Under the Constitution, it's not really illegal to ask for money,” said Rasmussen.

However, he added that the ordinance would allow the city to effectively regulate that activity and deal with any aggressive behavior.

It also would allow officers to take care of issues immediately without getting corporate offices involved when store employees are calling to ask for assistance, he said. As an example, that has been an issue with Safeway.

Rasmussen said the permit would have an identification card component to show officers that the person or group has a valid permit.

During the discussion, City Attorney David Ruderman explained that people have a First Amendment right to panhandle, but not aggressively.

In response to a question raised by Councilman Martin Scheel about the proposed ordinance possibly offering a blanket prohibition for property owners, Ruderman said he doesn't think that the ordinance could be legally defensible in that way.

Ruderman added, “We are exempting political and religious speech and that is a requirement of our Constitution.”

He explained there is a fundamental difference between soliciting for funds as opposed to proselytizing religion or sharing a political message, adding that the ordinance recognizes that distinction.

Councilwoman Mireya Turner asked if it covers signature gathering. Rasmussen said those activities would be exempted, but there are rules for how they would be handled.

During public comment, Rev. Shannon Kimbell-Auth, pastor of United Christian Parish in Lakeport, spoke against the ordinance, which she said wasn't the best strategy for helping the community.

Kimbell-Auth, who headed the Lake Ministerial Association's effort earlier this year to run a warming shelter for the homeless, said the ordinance require peaceable homeless people to get a permit to ask for money. She said most of the aggressive solicitors are signature gatherers.

The ordinance would create the most problems for the homeless, she said. “It's the fear of these people that needs to go, not the people.”

Kimbell-Auth said fear and judgmental attitudes needed to be challenged. She had no problem with listing the inappropriate behaviors, but she didn't believe the homeless could get the permits.

Councilman Kenny Parlet said he saw the ordinance as a tool for police to help the impacted community members and business owners.

Rasmussen said the ordinance is meant to address aggressive panhandlers who are known to not be homeless. He said police also have been getting complaints about people going door to door to sell things.

“We're not out there looking for every violation,” he said, adding that police would respond when they get a call.

Lucerne resident Lenny Matthews cited California Penal Code Section 647c, which references disorderly conduct, as an existing way of dealing with such issues.

Rasmussen said it's good to have a specific local ordinance, noting that just because it's in the penal code, doesn't mean they can get a prosecution on a violation.

He said the ordinance also allows the city to regulate and enforce the rules at an administrative citation level, explaining that sometimes pursuing violations administratively rather than criminally is a better method.

Suzanne Russell, who sits on the city's planning commission, said she thought the ordinance is necessary.

She said she's heard that a group of people who had been panhandling in the city were professionals, not homeless.

“I'm very interested in the aesthetics of this town,” she said, adding that she doesn't think having a lot of people panhandling is a benefit to Lakeport.

Parlet suggested that the administrative citation process would likely be a way to expedite dealing with soliciting and panhandling problems.

Rasmussen replied that with changes in the law such as Proposition 47, misdemeanors don't get as much attention or prosecution. However, administrative fines are a deterrent.

“Some of our true homeless people are probably the nonaggressive folks,” said Scheel, who added that he didn't think a free, simple permit process is too much to ask of the community.

Scheel moved to introduce the first reading, with a public hearing to be set for June 7. The motion was approved 4-0, with Mayor Marc Spillman absent from the meeting.

Lakeport isn't alone in attempting to address aggressive panhandling.

That issue has been a problem in the city of Clearlake, where the Clearlake City Council adopted an ordinance in August 2012 specifically aimed at curbing it.

Rasmussen told Lake County News after the meeting that his agency has confirmed there are “professional” panhandlers – such as Russell referenced – that have worked areas of the city.

One of those individuals is Dana Lindsey, a Lakeport woman who had been reported to be panhandling regularly at the Willow Tree Plaza on 11th Street where Safeway is located.

Lindsey, who was not homeless, was arrested in December after crashing her car into another vehicle and injuring two people – and attempting to hit two other vehicles – in what was reported to be a suicide attempt. She remains in custody on $1 million bail and is charged with attempted murder.

Rasmussen said Lindsey is an example of the kind of panhandlers that the ordinance is seeking to address.

Editor's note: The story has been corrected to show that political signature gathering would be exempted.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

051716 Lakeport City Council agenda packet

CLEARLAKE, Calif. – The city of Clearlake held its annual spring flag-raising ceremony on Tuesday.

City officials were joined by children from the Konocti Unified School District, the Park Study Club and the American Legion at the event, held at Austin Park.

Public Works crews hoisted the flag up to the top of the 60-foot flag pole while the Clearlake Police Department and Lake County Fire Protection District personnel, along with dozens of children and citizens, assisted with keeping the flag off the ground.

The flag, donated by the Park Study Club, is flown above Austin Park each year between approximately Memorial Day and Labor Day.

“This is the first flag-raising ceremony that I have attended in Clearlake,” said City Manager Greg Folsom, who joined the city in June 2015. “It’s great to see these types of events that help to build respect for the flag and patriotism in the youth of Clearlake.”