More than 60 people crowded into the council chambers at Lakeport City Hall, where the commission considered concerns about noise, and a high number of calls and incidents at the tavern, located at 650 S. Main St.
At the start of the meeting, Commissioner Ross Kauper recused himself because he owns property within 500 feet of the tavern. That left fellow commissioners Marc Spillman, Harold Taylor, Suzette Russell and Chair Tom Gayner to sort through the 2-inch-thick staff report and the myriad public comments.
City Planning Manager Andrew Britton said the proposal to revoke the tavern's planning permit was based on noncompliance with permit requirements and the level of calls to the Lakeport Police Department.
He cited 34 noise complains from April 1 through Nov. 12 and the generation of 80 percent more service calls than come from any of the other bars in Lakeport. Britton said the police department's work with with the tavern management was unsuccessful in resolving the issues, thus the request for revocation.
Acting Lakeport Police Chief Brad Rasmussen told the commission that from the police department's standpoint, the primary issue is the affect on the neighbors “due to the loud and unreasonable noise we'd encountered on the premises.”
Rasmussen said they believe that the live entertainment activities were the primary contributor and the cause for the calls.
Sean Lyon, the bar's manager as well as the president and chief executive officer of the limited liability company that owns the business, pointed out that a bar has been located in the building for more than 50 years.
He said he's done soundproofing work, is planning to install a new door and has implemented police suggestions, including floodlights in the front of the building.
Lyon said he also had asked Building Official Tom Carlton about enclosing a back patio for a smoker's area. He said it took two months to get Carlton to tell him how he should approach the project, with Carlton telling him about the middle of November to get an engineer or architect to draw up plans. A day later, Lyon got the city's letter about the permit revocation hearing.
He told the commission that one of the business' neighbors, Joey Brodnick, has made harassing calls to the bar and made repeated unfounded complaints about the business itself. Although Lyon said he had tried to work it out, “I don't know what I can do.”
Lyon said he had tried to work with neighbors to address their issues. “I feel it's unjustified to take our music permit away.”
He said there are not a lot of live entertainment options for people in Lakeport. “There's not much for people to do.”
Lyon also suggested that his bar was being singled out by the Lakeport Police Department. “We just want to be able to operate on an even playing field, that's all we're asking.”
Since the bar opened under new ownership earlier this year, there has only been one fight incident in the bar, Lyon said. As for complaints about sex in public, Lyon said, “That's off my premises, that's something that should not be held against my bar.”
Taylor said he had done some investigation of his own, parking down on Lily Cove, where he said, “You can hear your music clearly.”
Taylor said he'd visited the bar on Halloween when he said it was packed with about 80 people, more than the 49-person occupancy. “I think you've got a little work to do.”
Russell questioned how many security staffers were on scene. She said she felt just one wasn't enough. Lyon said there were sometimes two plus himself.
Gayner referenced the permit requirement that calls for limiting the sounds to the premises, and asked what is the guarantee that the bar will begin to adhere to that.
“That condition, I'll be honest with you, is very tough,” said Lyon, noting that it's an old building. However, he guaranteed that after renovations are complete, it will be as soundproof as possible.
Community Development and Redevelopment Director Richard Knoll told the commission that the focus of the discussion was specific.
“Our zoning permit is fairly narrow in terms of what we're addressing here tonight,” he said. “It is the live entertainment aspect of this operation, not other aspects of the operation,” although he said there may be relationships between the issues.
Commissioners hear complaints, support
Over the next hour, approximately 22 people spoke to the commission. Of those, 17 were employees, customers, fellow business owners or neighbors showing their support. The remainder were people with concerns about noise and other problems.
Supporters said they felt the bar had worked hard to deal with neighbors' concerns. One of the neighbors, Thomas Rendel of Oak Knoll, said he had complaints when the bar first opened, but he called Lyon and Lyon took care of them.
Another neighbor, Carrie White, had another experience. She said her two children – one of them, a young son, was with her at the meeting – had been awakened numerous times this year due to the noise. There had been incidents involving people have sex outside her children's bedroom windows.
She found her son in the living room with a baseball bat one night, because he thought someone was going to come into their home.
She said she'd spoke to Lyon, and told the commission that she didn't want to see Lyon lose his business. But she added, “We can't live like this.”
White said she had noticed improvements in recent weeks, noting that from May until about a month ago, she couldn't sleep in her own bedroom due to the noise.
Jay Holden, a psychologist and a musician, said he spoke with Lyon about the situation after reading about it. He said some noise is to be expected from bars, and he was concerned about the “slippery slope” of letting the complaints override decibel requirements that might exist in ordinances.
Holden, who lives near the Elks club, questioned if he should be able to have that group shut down because of noise generated at events.
“I believe this business deserves our support, not our punishment,” said Holden, asking them to give Lyon a chance to complete his planned mitigations.
Brodnick also spoke to the commission, admitting that he gets upset about the noise. But he said it wasn't just the noise – it's also the crowd. Early in the morning “they come outside and they go nuts,” he said, describing screaming people, revving Harley Davidsons and taking part in fights.
“This establishment is what's drawing the crowd to start the fights,” he said.
Racheal Ferguson, one of the bar's owners, told the commission that she feels like she and Lyon were wasting their time, as they've already done a lot to solve the issues.
Pointing to the thick commission packet, she said a number of issues cited in it had nothing to do with the bar, there were duplicate reports and numerous complaints from a single person – a reference to Brodnick.
“We are on top of this,” she said, noting the work they're doing and continuing to do.
Another neighbor, Pat Skoog, also complained about the noise, but said she wanted to see Lyon and Ferguson succeed, as they are young, innovative and really trying. “I hope they can work it out.”
Charlene Calvillo of Kelseyville said the tavern is a venue for local talent, and it also gives local people a place to enjoy themselves without going out of town.
Assessing reasons for pulling the permit
Britton, referencing city ordinances, explained that one of the required findings in the municipal code for granting zoning permits is that the proposed use be in the right district, be consistent with the general public and zoned commercially, and not create a detrimental impact.
As to that detrimental impact issue, “That's what we're talking about tonight,” he said, explaining that the evidence from the police department and the neighbors led to a finding that the bar was having that kind of affect on the community.
In response to some of the input from bar supporters, Spillman said that while residents around the establishment should acknowledge that a bar has been in the area for some time, he said the venue has also changed over the last year, and that residents there have noticed it.
“I think it's important to note that,” he said.
Taylor asked about the delay in the correspondence between Lyon and Carlton. Britton said a building permit application was not submitted, and Carlton was giving a courtesy-type inspection.
Knoll said the building official is not a consultant, and that it's the right of the property owner to prepare and submit plans. Lyon would later clarify that Carlton had told him to take no action until he heard from him.
Regarding Lyon's plans to enclose a smoking area, Knoll said state law prohibits that. “It just isn't going to work.”
While a lot of fingers were being pointed at one person making complaints, when a complaint is registered – whether it's one person or 10 – “the city has an obligation to respond to that complaint,” Knoll said.
A decibel level is not applied in this instance, Knoll said, but instead it depends on the criteria to which Lyon agreed, including keep the sound to the premises, a condition that “was very explicit.”
“That was agreed to by the business owner. That condition has not been complied with,” he said.
Lyon wanted to respond and Gayner told him the hearing had closed. Some of the audience members became angry – with someone yelling about railroading – before about a dozen people walked out.
Knoll said the city is concerned about small business and business in general. As part of his job, he spends a lot of time trying to encourage business activities, and is a small business owner himself.
“We're very concerned about it,” he said. “Our intention is to support small business, not to close small business.”
However, the city has an obligation to investigate complaints. Knoll said the commission had two options – revoking the permit or suspending it, which would give the city the option to work out a solution with the bar.
Britton said the suspension could be lifted after the city and police department work out additional conditions for operation.
Spillman moved to suspend the permit, which Taylor seconded and the commission approved 4-0.
After the crowd filled out, Lyon and Ferguson continued talking with city staff, voicing their frustration over the situation.
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