LAKEPORT, Calif. – The Lakeport City Council on Tuesday voted unanimously to move forward on using the administrative citation process to try to get the owners of nearly 100 properties in the city to abate nuisance weeds.
Community Development Director Kevin Ingram went to the council asking for the passage of a resolution declaring dry weeds, brush and similar vegetation that creates a fire hazard a public nuisance. The resolution also allows for use of the administrative citation procedures to jumpstart the abatement process.
Ingram said the last two fires seasons have shown that urban areas like Lakeport aren't immune to wildland fires.
In an effort to reduce the risk of a wildland fire, city staff began meeting with the Lakeport Fire Protection District to look at weed abatement with a view to addressing the immediate concerns that exist plus possible changes to reduce risk in the future, Ingram said.
Ingram explained that the 2004 annexation agreement that made all of the city officially part of the Lakeport Fire Protection District transferred weed abatement responsibilities to the fire district.
However, he said the municipal code didn't keep up with those changes. The code still requires that the city council first adopt a resolution that declares that a nuisance exists relating to weeds that constitute a fire threat before abatement moves forward.
The fire district sends out notices to property owners in early May and again in June, Ingram said.
The fire district requires that property owners remove weeds and brush between June 1 and July 4 of each year, according to Ingram. This year, the district sent out more than 300 notices, with roughly 100 of those notices involving properties within the city limits.
A list of properties attached to the resolution shows that 92 lots – totaling 240 acres – still have not had the nuisance weeds abated.
Municipal code includes a lengthier abatement process that Ingram said would mean that the properties in question wouldn't be abated this fire season.
However, because of the likelihood of an extended wildfire season and the risk the weeds pose, Ingram said staff was asking the city council to utilize the administrative citation procedures that also are outlined in Lakeport Municipal Code.
Both city and fire district staff felt that procedure would be the most effective, as it would enable the city to issue notices to property owners ordering abatement to begin within 10 days, or no later than Sept. 16, according to Ingram's report. Failure to comply could lead to the issuance of a $100 fine.
Even though it's late in the season, Ingram said he believed there was “incredible value” in pursuing the abatements.
He said city staff is looking at other ways to address the recurring issues, including exploring what other jurisdictions – such as the city of Napa – are doing to address weeds.
Councilman Kenny Parlet said he was concerned about absentee owners not responding, adding that the goal is to get the properties cleared of the fire hazard.
“We are aware of the problem with absentee property owners,” said Ingram.
If the city doesn't get quick compliance, it can go through the summary abatement process, Ingram said. “Hopefully we won't have to do that.”
Along with the 10-day notices, Ingram said the city is sending a flier from Cal Fire on how to safely remove weeds and brush, explaining that they don't want people to inadvertently start fires while in the process of clearing the properties.
Councilman Martin Scheel pointed out that a mower with a metal blade recently started a fire in dry grass on Hill Road.
Scheel said he and Ingram ran a radius report. When measuring out 500 feet from each of the lots, the total coverage area for all of them encompasses 75 percent of the city's residential areas.
“It definitely needs to be addressed,” he said of the weed abatement issue.
Ingram pointed out that in the mid 1980s a wildland fire in the area of Sixth Street burned homes, so such a fire in the city again is “certainly a possibility.”
City resident Kim Beall suggested that if the city is considering updating its weed abatement rules that it require that weeds be mowed before July 1 or earlier, when the vegetation is still green.
“Absolutely. That's something that we've discussed,” said Ingram, adding that ordinances on weed abatement typically require removal by June 1, although he said later rain may require later removal.
Lakeport Fire Chief Doug Hutchison said he and Mayor Marc Spillman discussed the fact that many years ago it was common practice for fire department volunteers to go out and do training burns on larger vacant lots within the city limits.
Hutchison said he wasn't sure at what point city code changed, but that now the department can only do such burns if they involve structures, based on the city's rules.
Hutchison said his department is willing to entertain doing such burns again if the city also is open to it. He said it might help with weed abatement on larger lots, and would be a quick, efficient and cost effective way to deal with them.
He explained that, based on department records, property owners used to contact the district directly to ask for the burns. Hutchison said he was able to find copies of old agreements and liability releases. “We still have the framework for that.”
Councilwoman Stacey Mattina said she was curious about why the practice stopped. Hutchison said he would have to ask longtime staffers, but he guessed that it may have been a result of the change in air pollution laws, although such laws still allow the fire district to do structure burns.
He said that in lands where Cal Fire has jurisdiction, doing a prescribed burn requires going through a full California Environmental Quality Act process. That's why those types of burns in places like Cow Mountain – which needs a prescribed burn – stopped, because the process has become too onerous and expensive.
Spillman said a fire raging through the Cow Mountain area is probably the biggest threat to Lakeport.
Hutchison pointed out that there were big fires off of Cow Mountain in the 1950s and the 1980s. The perimeter of the fire in the 1950s encompassed the entire city of Lakeport, he added.
When he heard that, Spillman said he got a chill up his spine.
Scheel moved to approve the resolution, which was approved 4-0. Councilwoman Mireya Turner was absent for the meeting.
Another main item of business for the council on Tuesday was receiving the Lakeport Police Department's after action report on the July 4 holiday.
“I think that the police department did an excellent job providing public safety and service at that event,” said Police Chief Brad Rasmussen.
He said having a lot of law enforcement officers – from many agencies throughout the county – work the event and interact with people was one of the main contributors to keeping it safe.
Among the incidents was a stabbing in Library Park, which police responded to quickly, said Rasmussen.
A key concern of the day for police was the use of illegal fireworks and the fire danger they created. While Rasmussen said he believed the city “dodged a bullet” by not having a major fire incident, he wants to look at ways to more effectively deal with some of the issues that have arisen from the event.
Those include the large amounts of trash – some of it burning – that was left on city and private property from people using safe and sane fireworks. Rasmussen said the trash led to a lot of complaints.
Councilman Kenny Parlet said he was glad that Rasmussen wasn't taking “a typical knee jerk reaction” and wanting to get rid of fireworks.
Rasmussen agreed, saying he was not against fireworks but wanted to bring the problems to everyone's attention. “I think it is a huge burden on some of the business owners” who have to clean up, he said.
Council members asked about outreach, and Rasmussen said while he did some social media outreach, he wanted to do more next year.
The council voted 4-0 to accept and file Rasmussen's report.
In other news on Tuesday, Rasmussen and Spillman presented certificates to National Night Out sponsors for their support of the third annual event, which took place on Aug. 2.
Rasmussen said it was the largest and most successful National Night Out so far, with more than 200 citizens in attendance. “It was outstanding.”
He said the city couldn't have held the event successfully without the help of its sponsors.
This year's sponsors included the Lake County Fair, 4-H, KXBX 98.3 FM, Main Street Bicycles, Lakeport Grocery Outlet, Lake County News, Lakeport Kiwanis, Fill-Up the Clown, Lakeport Fire Protection District, California Highway Patrol Clear Lake Area office, Lake County Amateur Radio Club, Cub Scout Pack No. 142, Kathy Spurr, Nutriblends, Park Place, Parish of St. Mary Immaculate, Jeff Morin Art, Pak N Mail, Lakeport Cinema 5 and SERVPRO of Lake and Mendocino County
Spillman also presented certificates to the Lakeport Main Street Association, Bruno's Shop Smart and the Lake County Chamber of Commerce for their efforts to raise funds to support the city's annual July 4 fireworks display.
Also on Tuesday, Nate Maxman thanked the city during public comment for the response to the Lakeview Senior Housing apartment complex fire on Aug. 21, with council members in turn thanking him for his work to help the displaced seniors during the incident.
Spillman noted that Scheel, Mattina and City Manager Margaret Silveira all were very involved in responding to the incident.
Later, during council member reports, Mattina noted how that the displaced residents were taken to a temporary shelter and didn't complain or get angry about not being able to go home.
“I kinda just fell in love with the group of them. They're so sweet,” Mattina said.
She said Scheel took one of the residents' dog home overnight so the man wouldn't have to pay to have it kenneled, and Scheel also put a hotel room for one of the residents on his own credit card while Silveira went to get pillows for all of those who were staying at the shelter.
“We did everything we could to make them more comfortable,” Mattina said.
Spillman ended the meeting by reading a letter to the city from Clearlake City Manager Greg Folsom, who expressed thanks for Lakeport's assistance to Clearlake during the Clayton fire.
Spillman wanted to share the letter because he said that so often such communications between cities aren't heard by the public.
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Lakeport City Council moves forward on weed abatement, honors National Night Out sponsors
- Elizabeth Larson