Lakeport City Council votes down proposal for fireworks ban ballot measure
- Elizabeth Larson
- Posted On
LAKEPORT, Calif. – The Lakeport City Council on Tuesday voted against placing before voters this fall a ballot measure to ban the sale of safe and sane fireworks in the city.
City staff and Mayor Mireya Turner said they had brought forward the discussion after receiving complaints from community members concerned about the sale and use of such fireworks – which are only legal to purchase in Lakeport, where they can be discharged during a four-day window each July – due to fire danger in the wake of the county’s devastating wildland fires.
Earlier in the day, the Board of Supervisors had discussed the fireworks ban proposal at length, with four of them signing a letter to the council saying about the selling of fireworks, “we feel strongly that such practice should end, in light of all the wildfires past and present, and extreme risk of more.”
The council agenda packet also included letters or messages of support for the ban from Lake County Fire Chief Willie Sapeta and Northshore Fire Protection District. While the Lakeport Fire Protection District didn’t take a formal position, in an email to the Turner, Chief Doug Hutchison noted, “the potential for a large scale incident, or multiple incidents cannot be overstated given our climate and vegetation.”
A previous council had banned the sales of safe and sane fireworks in early 2009. Later that year, a successful ballot measure, Measure C, made the sales legal once again. They can only be sold annually by four local nonprofits.
Lakeport Police Chief Brad Rasmussen said that it’s not uncommon to get fireworks-related complaints, usually concerning people taking them into the unincorporated county where they are not allowed. “That's kind of the common theme over the last few years.”
In response to those concerns, Rasmussen said his agency started increasing its public notices and education, from social media and outreach to posting signs at the city’s four major exits reminding people that fireworks aren’t legal outside of the city limits.
Despite the concerns, Rasmussen said the city hasn’t had major fires related to fireworks, only a few small fires in dumpsters and garbage cans.
At the same time, the city has taken a zero-tolerance approach to illegal fireworks, he said.
When it comes to people's concerns about fireworks and fire danger, “The only thing I can really do is educate,” he said.
Rasmussen said his lieutenant meets with the groups that sell fireworks to share information with them about the laws. He said the groups are very good about handing out that information to their fireworks customers.
He said many people are very diligent and follow the law. At the same time, there are a lot of people who don’t care about the law, don’t read it or follow it. “Those are the folks I worry about,” he said.
Turner explained her reasons for putting the discussion on the agenda, saying that she and staff had been getting contacts, as had county supervisors and fire district staff.
“There are a lot of really compelling reasons on both sides of the issue,” she said.
Turner acknowledged the efforts of the Channel Cats, a group which has for decades hosted swimming lessons for local children and is among the groups that sell fireworks annually, as well as the city’s fireworks-related traditions.
She said that the conversation was not about which side is more important. Rather, it was whether or not the matter needed to be put back in front of voters.
During public comment, the council heard from 12 speakers, all but one of them supporting the fireworks sales and asking for the resolution not to be placed before voters.
Among them was Supervisor Tina Scott, who represents District 4 on the Board of Supervisors.
Scott, who did not sign or support the board’s letter to the council, said they needed to look at evidence and not govern by fear, adding there is no evidence that safe and sane fireworks have started any fires. Rather, she said more effort needed to be placed on stopping the bad actors.
Jennifer Hanson of the Channel Cats said half of the group’s annual $40,000 budget comes in from fireworks, with none of their other fundraising efforts even coming close.
She said they are the only group that continues to teach children to swim, an effort that is increasingly expensive.
Dennis Revell, speaking on behalf of TNT fireworks, said nothing is stopping illegal fireworks and the state of California is not taking action against importation of them.
Revell encouraged the council members to consider if putting the matter on the ballot ultimately would achieve their end goals, specifically, stopping fires. He emphasized the risk will come from illegal fireworks, not safe and sane. He also asked them to keep faith with the nonprofits that have delivered on their commitments to the city.
Racheal Harmon of the Clear Lake High School Boosters said they sell an average of $31,000 worth of fireworks over four days. It’s their top fundraiser, with the money raised going to uses like sports teams transportation, class supplies, leadership workshops and more.
The only city resident who spoke in favor of the ban was Stan Jones, who questioned whether they would sit around and wait until there was a fire that destroyed part of the city. Jones said he appreciated the work of the community groups, and suggested coming up with other ways of supporting them.
“If we can prevent it, why not take a chance and prevent it,” he said of fire concerns.
Councilman George Spurr pointed out that the current city ordinance allows for the city council to cancel safe and sane fireworks sales through a unanimous vote during a calendar year in which a fire-related state of emergency has been declared.
Councilman Kenny Parlet said than putting such a ban before voters wouldn’t stop illegal fireworks. He said if people wanted to put it on the ballot, they should gather signatures and do it themselves, that the city shouldn’t take the action.
Councilwoman Stacey Mattina said she understood the concerns, adding, “Making decisions based on fear is not the best policy for us.”
Councilman Tim Barnes said he didn’t see the harm in safe and sane fireworks. He said the conversation should be about how to stop illegal fireworks.
Turner said she appreciated the council’s position, and knew it was going to be a heavy item when she considered putting it on the agenda. She also knew it could give rise to personal attack and conflict.
“The day I'm going to avoid that is the day I really need to get away from public service in the first place,” she said.
Barnes replied that the council appreciated her bringing the subject forward.
Parlet moved to not put the ballot measure before voters, with Barnes seconding and the council voting 5-0.
In other business on Tuesday, the council approved a resolution granting consent to the county of Lake to establish the Lake County Tourism Improvement District, held a public hearing and adopted a resolution ordering the Community Development director to abate properties where nuisance weeds, rubbish, refuse and dirt have been identified, and approved a general plan amendment and zone change for the Pacific West Communities housing project at 1255 Martin St.
Councilmembers also voted to accept an agreement with Lake County Broadband Solutions for the Library Park and Downtown Wi-Fi Project, conditionally canceled the regular meeting on Aug. 7 and approved the participation of the city of Lakeport in the National Night Out event, and received a check for more than $9,300 from the Lake County Chamber of Commerce to go toward the city’s annual July 4 fireworks display.
The council also heard from residents of the Esplanade Street neighborhood who support giving a raise to the city’s police officers – now in labor negotiations with the city – thanks to their successful efforts to reduce crime.
There was no reportable action out of closed session on those labor talks or negotiations between the city and the Lakeport Unified School District regarding property at 800 N. Main St.
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