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HomeMy WebLinkAboutMinutes 05/12/1992 2252 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington May 12, 1992 CALL TO ORDER - Deputy Mayor Sargent called the special meeting of the Port Angeles City Council SPECIAL MEETING: to order at 5:05 p.m. ROLL CALL: Members Present: Mayor Hallett (arrived at 5:10 p.m.), Councilmen Braun, Nicholson, and Ostrowski, Councilwoman Sargent, Councilmen Schueler and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, and Clerk Upton. Public Present: S.R. Deer, C. Whidden, B. Taylor, B. Bock, J. Sweet, O. Campbell, C. Kelly, E. Hansen, A. Charles, E. Veltkamp, B. Bennett, R. Busch, R. Elofson, and D. Charles. Elwha River Ecosystem Section 16 of Elwha River Ecosystem and Fisheries Restoration Act and Fisheries Restoration Act Deputy Mayor Sargent reviewed the purpose of this meeting in that the City Council will address the language of the "Elwha River Ecosystem and Fisheries Restoration Act", specifically as it relates to Section 16. This particular section was added to the proposed legislation just prior to introduction, a matter about which the City Council was unaware. Deputy Mayor Sargent indicated there were members of the Lower Elwha Tribal Council at this meeting to participate in the discussion. City Manager Pomeranz reviewed the purpose of the referenced legislation and noted the added language in Section 16 would restrict transfer of surplus federal lands on Ediz Hook except that title to such lands could be transferred "to the Lower Klallam Tribe for the purpose of tribal economic development if the Tribe and the City of Port Angeles execute ... an agreement concerning the development of such lands." The City was not given prior notification that such a provision would be part of the bill as introduced; however, since receiving a copy of the bill, City staff has discussed the language with federal, tribal, and local industry representatives. Ediz Hook is extremely important to the City of Port Angeles, and in an effort toward maintenance, the City has invested hundreds of thousands of dollars in rip rap for erosion control in cooperation with the federal government, and has constructed and maintained a road, a water line, and a power transmission line to the Coast Guard base. Other City facilities have been constructed to include a picnic area, bathroom facilities, and a radio repeater station for the Police Department in this section of Ediz Hook. Plans are underway to extend the Waterfront Trail to the Coast Guard base. Manager Pomeranz then reviewed various City subleases of property to ITT Rayonier for access to log storage and to the Salmon Club for boat launching, boat moorage, and related sport fishing facilities. Both subleases have proven to be very important to the Port Angeles area. The City submitted an application to the Bureau of Land Management in 1985 to acquire title to the land for recreation or public purposes and preservation of the status quo on Ediz Hook. Thus far, the BLM has not taken final action on this application. The Elwha Klallam Tribe submitted a proposal to the City this afternoon which is now before the City Council for consideration. However, Manager Pomeranz urged the Council to establish a position on this matter which will then be forwarded to the Congressional delegation prior to hearings to be conducted on the legislation on June 4. It is staff's recommendation that the Council adopt the position that Section 16 of the proposed legislation be removed from the bill, and given the importance to the City of Port Angeles of good relations with the Lower Elwha Tribe, that the City Council support continued discussions with the Tribe as to the future of Ediz Hook and cooperation for the mutual benefit of the Tribe and the City. In the discussion that followed, members of the City Council expressed their surprise -1- 2253 CITY COUNCIL MEETING May 12, 1992 Elwha River Ecosystem at the inclusion of this particular language in the proposed legislation. They and Fisheries questioned the appropriateness of the inclusion of Section 16 but expressed an Restoration Act interest in engaging in discussions in an effort to consider the Tribe's interests. Mr. (Cont'd) Russ Busch, attorney for the Tribe, indicated there is a clear understanding on the part of the Tribe that it is necessary to explore the possibility of continuing the uses the City currently has on Ediz Hook. It is hoped this will be the beginning of an intergovernmental dialogue on this issue as well as other issues which may arise as a result of this legislation. The Tribe has expressed its desire to acquire surplus land on Ediz Hook because of the cultural and historical significance to the members of the Tribe. Mr. Busch summarized the history of Ediz Hook and emphasized the importance of that area to the Tribe, as well as Hollywood Beach. Although the legislation only references economic development for the Tribe, there is an interest in expanding to the cultural aspects as well. When asked as to whether the Tribe had specifically requested this property, Mr. Busch indicated the matter had been introduced during the course of discussions in Washington, D.C. with the Congressional delegation. Robert Elofson, representing the Tribe as the coordinator of issues surrounding the legislation, reviewed the close ties the Tribe has with Ediz Hook. He also referenced the realization there will be fewer fish available to the Tribe for a period of time following the removal of the dams on the Elwha River. He suggested this language may have been added to provide other economic development options to the Tribe in the meantime. Beverly Bennett, Vice Chairman of the Elwha Klallam Tribe, reviewed the discussions held in Washington and summarized the personal significance of Ediz Hook to her family. She noted the matter of Ediz Hook had been discussed with the delegation, but a specific request for this addition to the legislation had not been issued. At this time, the Tribe does not have an economic development plan in place; the Tribe was merely taking any avenue available to get the land returned to the Tribe. It is not intended that anyone will be asked to leave the Hook. David Chares, Secretary-Treasurer of the Tribe, emphasized that the Tribe is more than willing to work with the City Council on this issue. He expressed the need to keep all parties concerned working in a positive mode with a positive and mutually beneficial outcome. Mr. Charles also expressed the importance of Ediz Hook to the Tribe. He urged that the two groups get together in an effort to cooperatively resolve the issue. Councilman Wight reviewed the process currently in place for the disposal of surplus federal property, and he suggested the disposal of this particular property should utilize that process. Discussion ensued and individual Council members voiced opinions concerning Section 16, but all were in agreement that further dialogue is critical to any further long-range planning in this regard. Further, the Council was of the opinion that more time is needed to address this issue. Questions then arose concerning who is presently responsible for road maintenance, rip rap, and storm damage control. The City maintains the road, the City and the Corps of Engineers jointly maintain rip rap, and concerning storm damage, the Tribe may be able to avail itself to certain federal grant funds. Discussion followed with Councilman Wight reviewing the responsibilities of the Corps of Engineers and the Coast Guard for federal waters and associated storm and flood control. Mr. Busch alluded to a recollection that should federal ownership cease, a portion of the responsibility of flood control may revert to the City. Mr. Busch also indicated it was the Tribe's wish that the land remain in federal ownership with the provision of a trust to the Tribe. Lengthy discussion ensued with the City Council considering the next course of action, particularly in view of time restraints due to the June 4 scheduled hearing in Washington, D.C. The proposal submitted by the Tribe is still subject to the full approval of the Lower Elwha Tribal Council, a matter which may be accomplished at its regular meeting this coming week. Councilman Nicholson moved to adopt the position that the City Council wishes to have Section 16 of the proposed Elwha River Ecosystem and Fisheries Restoration Act removed from the bill, but the City Council will schedule meetings with the Eiwha Klallam Tribe and its representatives to determine if the group can make good, sound decisions regarding the disposition of the Ediz Hook property. The motion was seconded by Councilwoman Sargent. When asked as to the timeline intended in the motion, Councilman Nicholson indicated if the Tribe could formally support the letter of proposal, the City Council should be able to appoint representatives to such a joint committee at its next meeting. He asked ~at this be. made a part rtl the ~ motion to which Councilwoman Sargent ggreed. 0_~c/~fl_.rro_~ ~}Ik~ 2254 CITY COUNCIL MEETING May 12, 1992 Elwha River Ecosystem The inquiry was made as to the possible involvement of the Port and industry, and and Fisheries it was agreed this is a consideration as suggested by members of the Tribe. Mr. Restoration Act Charles urged all involved to structur~ future discussions in such a mode that rumors (Cont'd) can be discarded, racial bias dispensed with, and the best interest of all parties kept in mind. Councilman Schueler suggested that, in the process of these deliberations, the citizens of the City be allowed to offer input. After further discussion, a vote was ~aken on the mot[on which carried unanimously. ADJOURNMENT: The meeting adjourned at 6:20 p.m. Cle- k- q q -/ - -3-