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HomeMy WebLinkAboutMinutes 01/08/1992 2169 CITY COUNCIL MEETING Port Angeles, Washington January 8, 1992 CALL TO ORDER - The City Council met in special session at 2:15 p.m., in the Peninsula College SPECIAL MEETING: Library Conference Room, to discuss matters pertinent to the Proposed "Elwha River Ecosystem and Fisheries Restoration Act' and to prepare for a meeting with Senator Brock Adams, also regarding the proposed legislation. ROLL CALL: Members Present: Mayor HaileR, Councilmen Braun, Nicholson, and Ostrowski, Councilwoman Sargent, and Councilmen Schueler and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, J. Pittis, and S. Hursh. Others Present: Clyde Boddy, Port of Port Angeles Margaret Crawford, Clallam County EDC Alan Drew, Clallam County P.U.D. Bill McCrorie, Clallam County P.U.D. Lawrence Gaydeski, Clallam County Jim Rumpeltes, Clallam County Cindy Kelly, Dry Creek Water Association Judith St. Claire, Clallam County EDC Dave Cameron, Clallam County Senator Brock Adams Carole Grunberg, Legislative Assistant, Senator Adams Mike Weland, Staff Assistant, Senator Adams Jim Gunsolus, Staff Assistant, Senator Adams Dave Gallik, State Director, Senator Adams Erie Niles, Legislative Assistant, Congressman Swift Dr. James Walton, Peninsula College Elwha River Ecosystem Discussion was held with regard to various specific concerns with the proposed and Fisheries legislation, particularly as they relate to the different jurisdictions represented at this Restoration Act meeting. The discussion was intended to establish a presentation for the forthcoming meeting with Senator Adams. Senator Adams and staff joined the group at 3:25 p.m. After introduction of all present, Councilwoman Sargent opened the discussion by welcoming Senator Adams and advising him that members of the group were prepared to specifically address particular issues relating to the proposed legislation. Councilman Schueler inquired of Senator Adams as to the expected timeline on the legislation. Senator Adams responded the purpose of this visit was to be certain everyone at this meeting and in the community understood that a bill would not be introduced until they had talked to all concerned; it is important to establish a process which would avoid lawsuits and challenges. Senator Adams indicated the primary - goal was to be certain that power remains at the mill at the appropriate cost in order to assure the mill's continued operation in Port Angeles. The second goal, as outlined by Senator Adams, was to maintain the Port Angeles water supply for residential and industrial purposes, with the added consideration of water quality. Once these goals have been met and once they have satisfactory agreements for power and water supply, then a task force would be formed, to include representatives of the City, Dry Creek Water Association, etc., to examine the dams and see what could or could not be done. Senator Adams referenced the possibility that the dams may not be able to be taken down at all and he noted it may be possible for a partial breakdown of the dams which would be accomplished over a period of time. Dewatering would be done very slowly. Senator Adams indicated the charges for power would be lower or at least as low as they are now, and the cost would be put at the end of Bonneville's forty-year payment. In the meantime, power would be assured off the grid. -1- 2170 CITY COUNCIL MEETING January 8, 1992 Elwha River Ecosystem Senator Adams indicated he would ask that Senator Bill Bradley, Chairman of the and Fisheries Senate Energy and Natural Resources Committee, visit the area for a public hearing. Restoration Act (Cont'd) In addition, once agreement has been reached with the Washington delegation, the next step would be the introduction of the bill in late January or early February. He reiterated the desire to avoid controversy throughout the process and noted that, should the matter become controversial, the process would be extended. City Manager Pomeranz inquired as to how much time the City will be afforded to submit written comments. Mike Weland indicated it would be helpful to have the comments by January 24. Ms. Grunberg reminded the group that once the bill is introduced, there is still opportunity for input. Congressman Swift's representative, Eric Niles, reported that Congressman Swift is very supportive of the plan, but continues to be concerned about water and water · quality for the City. He is also concerned about funding for the project. Larry Gaydeski, Clallam County, reviewed the County's extreme concern with the possible shortfall of revenue by approximately $252,000 because of dam removal. It is felt the County cannot absorb such a loss, particularly in view of other impacts on the County, such as timber revenue shortages. He asked that this be mitigated. Mike Weland advised Mr. Gaydeski that it has not been intended that figs issue not be addressed and, as a matter of fact, the State of Washington has been asked to submit information as to tax issues relating to the project. In addition, Mr. Gaydeski pointed out that both dams fall under the jurisdiction of Clallam County, representatives of which have not been included in the proposed task force. Senator Adams assured him the County will, in fact, be represented on the task force. Mr. Gaydeski referenced an article published on this date in a Seattle newspaper with regard to the pwposed dam removal. Councilman Wight discussed the structure of the task force and noted it appears the task force will be involved in deciding if the dams should be removed, but further, it appears the task force will be involved in the process of restoration and enhancement of the ecosystem of the Elwha basin. If that is the case, Councilman Wight felt it would be helpful to understand the level of participation anticipated. In terms of the process itself, the question keeps arising as to the purchase of the Mike Weland responded that the notion of purchasing the dams has become an extremely detailed process. The option is being considered that, if power can be provided at a cost equal to what is currently being paid, then the ownership of the dams could possibly be transferred to the Government. Such an option is being given favorable consideration at this time by the current owner. Senator Adams indicated this is a different and unusual project, and he warned the group there will be an attack on all dams throughout the country at the time licensing issues surface. It is his hope that legislation can be drafted which will address these issues early on in order to avoid controversy, lawsuits, and the like. He felt the problems which will arise on the other dams can be avoided in this particular instance. Senator Adams felt all of the issues can be addressed, to include the tribal issues, and that a corridor can be created out of the National Park wherein the water will be moved to the sea. However, he emphasized they must take into account and improve all of the local interests. This is an opportunity for the State of Washington to put as many as 400,000 fish back into the system. Councilman Wight noted that the process leads to the decision to remove the dams, but if it is decided not to remove the dams, it would appear the Government will own two dams. He suggested the addition of language for a scenario if removal is not the option agreed upon. Mike Weland felt such a scenario had, in fact, been addressed in the legislation (Page 9, Line 13); however, he agreed that perhaps more clarification is in order. He noted it is their hope to give the task force as much authority as possible; however, final authority may have to rest with the Secretary of Interior, a matter which becomes a constitutional issue. Councilman Wight concluded his comments by noting that an engineer is not likely to say the dams cannot be removed; therefore, any other criteria in the decision- making process should be incorporated. Cindy Kelly, Dry Creek Water Association, wanted it clearly understood that Dry Creek is not part of the City yet they wish to receive the same protections and considerations as that of the City. They do share in the same concerns as to water quality and would like to be included on the task force. Mike Weland recalled the '2- 2171 CITY COUNCIL MEETING '~..? ~!~;~ ~'~i~'~ ~: .~: January 8, 1992 Elwha River Ecosystem need to include Dry Creek and agreed this would be accomplished. Judith St. and Fisheries Claire, Clallam County EDC, advised the Senator that the Economic Development Restoration Act (Cont'd) Council shares in these concerns, as it has an interest in the development of industrial land in the area of the Dry Creek Water Association. Senator Adams related this is a marvelous opportunity. If water supplies can be protected, power maintained, Indian housing moved and fish restored to the river, then the City and County could develop the area with the intent of building the tourism industry. All of this, however, has to be accomplished on a step-by-step basis. He felt the project could be extremely successful by reintroducing eight of nine species of fish to the system. Councilwoman Sargent felt it important to note that all of the other rivers have diminished fish runs and there are other factors beyond the dams which have contributed to the current status. The dams cannot be fully blamed for diminished fish runs. Senator Adams agreed wholeheartedly and indicated the problems are not solely in the stream. Manager Pomeranz noted that many of the concerns with long-term fiscal impacts have already been addressed with Mr. Weland, but he specifically addressed the concern with the cost of installing a water filtration system and the long-term operational expenses to be incurred. Long-term funding must be provided for water treatment. He referenced Page 11, Section 12, last sentence, and questioned the intent. Mike Weland responded the intent of the last sentence is to ensure that the Federal Government's investment in fish restoration is protected from future water withdrawals which would ultimately reduce the flow of water so fish could not be restored. Manager Pomeranz indicated the City feels the sentence is not in the City's best interest in terms of water supply and allocation. He asked for additional consideration in this regard in order to protect the City in the long term. Dr. Walton, Peninsula College, applauded the effort toward restoration of the fish. He referenced Section 10 concerning studies to be conducted on the condition of the ecosystem, and urged that a comprehensive inventory of the system be conducted in order to make valid decisions. Studies must be done on fish populations, as well as primary and secondary productivity. Mike Weland agreed this issue needs a lot of work by biologists; however, they are operating under the impression there is a lot of base line data available at this time. Dr. Walton also indicated studies need to be conducted as to what is transpiring outside the mouth of the river which has a direct impact on habitat degradation and the river itself. He urged funding for what he termed an excellent research opportunity. Bill McCrorie, Clallam County P.U.D., noted that from the perspective of a utility, a great deal of concern exists with regard to the possible loss of power if the dams are removed. He expressed concern with the loss of a renewable resource, which becomes particularly important in view of conservation efforts of BPA. There is concern that the domino effect will become a reality with regard to other renewable resources. He felt priority should be given to not taking the dams down but rather to improve them. Senator Adams opined these dams are not typical and he felt this project could be an advantage to BPA. He referenced the problems being experienced at the present time at the Snake and Columbia Rivers where millions and millions of dollars have been spent transporting fish to the rivers in an effort to recreate the fish runs. These programs have not been successful. After further limited discussion and because of other commitments, Senator Adams -- concluded the meeting by thanking all those in attendance for their input. ADJOURNMENT: The meeting adjourned at 4:20 p.m. -3-