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
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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~
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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.
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