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HomeMy WebLinkAboutPublic Works April 18 20001 2 3 4 5 6 7 8 WHATCOM COUNTY COUNCIL Public Works and Capital Projects Committee April 18, 2000 The meeting was called to order at 1:30 p.m. by Committee Chair Barbara Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. 9 10 11 12 Also Present: Absent: Marlene Dawson None Dan McShane 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DISCUSSION AND RECOMMENDATION TO COUNCIL 1. DISCUSSION OF OPTIONS RELATIVE TO THE CANYON CREEK ALLUVIAL FAN AREA, REGARDING A REQUEST FROM THE FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE TO ENACT A MORATORIUM ON NEW DEVELOPMENT AND TARGET THE AREA FOR A VOLUNTARY BUYOUT PROGRAM (AB2000-114) Brenner stated she wanted to know which areas are in imminent danger. She questioned whether the map of the alluvial fan is the ancient fan or the active fan. Paula Cooper, Special Projects Engineer, stated the map is of the most at- risk portion of the alluvial fan in the immediate and long-term. There is not a clear cut science to do a formal risk study. The map is of the active part of the fan. Middleton stated the map is a portion of the active fan. The consultant has gone through a portion of the active fan and identified the area on the map as the highest risk areas. The ancient fan is to the north. Cooper stated that if the channel cut through the road, it would dig a ravine and would be stuck in its course for awhile, due to the elevation difference. McShane stated an 80-foot waterfall on unconsolidated soils would not be a waterfall for long. Dawson questioned which alternative Middleton would suggest if they don’t do a buyout program. Middleton stated he has held true to the scientific course, and leaves that up to the decision-makers who are elected by the public. Right now, under the Critical Areas Ordinance (CAO), they require full mitigation of the danger, as certified by a geo-technical engineer. They’ve had a difficult time getting anyone to certify that in this entire region. The ancient fan is straightforward. He didn’t have an opinion on the different options. He is ready to react to any decision on the options. His concern is leaving the dike where it is, in the state it is in. If the river gets through the top bend to the north, it will go like a freight train. Public Works and Capital Projects Committee, 4/18/2000, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Dawson stated she was not interested in a buyout program. Brenner stated she was interested in hearing about the options. She asked about option three. Cooper stated the County needs to engage the Glacier Springs subdivision more. She has worked primarily with the owner of The Logs Resort, who is interested in doing a project to repair the existing levy in place. That is where they started out a year ago. Staff did a preliminary design and got indications from the permitting agencies that they would not be able to get a permit to do that project. That project is alternative 1A. It became evident that it would be worthwhile to work closer with the residents and get an agency meeting so the residents understand the permitting problems. Jeff Monsen recommended hiring a consultant to do that. Also, if it is worthwhile, they can get Inter-Fluve to do a presentation on all of the alternatives for the Council and the residents. Brenner stated that would be very helpful. She is willing to spend the money if the County needs to, because this is a critical issue. She wanted to make sure the people are protected and the County doesn’t keep putting a bandaid on the problem, which ends up costing more in the end. Councilmember Crawford stated they could put on a lot of bandaids, at $20,000 each, to reach the $190,000 limit. If they have a flood event like they did in 1995 every five years, they would be 50 years down the road before they spent $190,000, not counting inflation. Dawson stated permitting for option 1A is not realistic. Dawson questioned which options could realistically be permitted. A problem with the agencies is that they don’t look at the health and welfare of the public. McShane stated he doesn’t think about fish at this site. The County did a tremendous amount of work with geologists on fish mitigation, which didn’t make it through the first winter. He is more concerned about the perception of residents who are building their homes without realizing the risk they are at. Dawson stated there are two areas they are talking about. One is the alluvial fan, and the other is the nature of the river. According to the public comment, the river has not been a problem in the past. The logging caused the river to shift. They need to differentiate between the two elements. McShane stated there is a large landslide that was probably impacted by logging in the watershed and contributed a fair amount of gravel. It is an unstable area and they will continue to see landslides whether or not there is logging. It is an unusual alluvial fan that is unstable. The Nooksack River cut the toe of the fan off. Even though there is an ancient part of the fan that is not active, and because of that, it will take the whole area out if the creek ever gets onto any of the old Public Works and Capital Projects Committee, 4/18/2000, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 parts of the fan. It is a difficult area. It is a difficult stream. They are dealing with large volumes of sediment. Inter-Fluve was very pessimistic about even the most expensive fix. He didn’t want to give people false feelings of security about a site that isn't secure. From a financial perspective, he questioned whether the County should spend the money there. He wants to pursue buyout options to take advantage of the fact that people in these disaster zones get bailed out by the federal government all the time. The County should try to tap into those programs. He is not suggesting buying out everyone with the flood fee. It should be a voluntary buyout. Cooper stated there is a pot of money called the Hazard Mitigation Grant Program (HMGP), which becomes available after a presidentially declared disaster. They do an assessment of damages in the state, and then make a certain percentage of the damages available for hazard mitigation. Until recently, that money was available for structural fixes as well as acquisition. They now focus on acquisition and relocation, not structural fixes. That money is money that the Federal Emergency Management Act (FEMA) targets to taking the structure out of hazardous way. Brenner asked about alternative three. Cooper stated that project couldn’t be funded under HMGP. FEMA is involved in flood insurance as well. From their standpoint, they've been paying 75 percent of fixing dikes and the flood insurance claims. They probably approach it from a financial standpoint. That was a decision they made recently. After the 1995 event, a lot of the dikes were repaired with FEMA money. Brenner questioned whether the grant would cover the buyout option. Cooper stated it depends on how much money the County would get. It is a competitive process after a flood event. Brenner stated alternative three sounds like it has a high level of protection on everything. The total cost is a little over $1 million. Option four has some problems, and ends up costing in the long-term. She questioned why they would not consider relocating the dike. Cooper stated the consultant used the flow rate from the 1989 flood, which was an extreme flood. To move the dike back, it would open up the cross section, so the water would have a bigger cross section, resulting in a smaller velocity and smaller shear stresses. They could use smaller rocks. That was one alternative in which they could move the size of the rock that they need to stay in place. That will still require long-term maintenance of the system. The one thing that doesn't address is the unpredictable nature of sedimentation during a flood event. She didn't know of any good ways to get at that. It is totally unpredictable. With option four, in terms of moving all the structures out of harm's way, it is the only option that has predictability. McShane stated that if they move the levy back, the forces of the creek flowing on the levy will be reduced, so the levy will be more resistant to erosion. However, because velocities are reduced, the creek channel fills in. The problem with alluvial fans is that the stream fills up the channel and flows above the Public Works and Capital Projects Committee, 4/18/2000, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 surrounding area. The longer it builds up, the greater the likelihood of evulsion. With the sediment load coming down the stream, the risk is greatly increased. Dick Prieve, Assistant Director - Maintenance and Operations, stated that is currently happening at Smith Creek. The only difference is the dogleg. At that time, the houses were 14 feet under the water. The houses are completely covered now. It has lessened the impact on the dikes. They’ve been working with Fisheries to remove material on an annual basis. Brenner asked Cooper to respond to Mr. Herod's letter (on file) in terms of doing what he is proposing. Prieve stated Mr. Herod’s letter probably refers to option 1A. The number that The Logs Resort had was $89,000 vs. the County's estimate of $190,000. The person who came up with the $89,000 estimate thought that the rest of the County's cost was for mitigation. They can do the project cheaper, but there will be expensive mitigation. It is questionable whether they can get permitting to rebuild the dike. Cooper stated permitting is a crapshoot for any option except the buyout. Dawson stated the goal is to get back to the natural river. McShane stated that, from a financial perspective, it is a dangerous place for fish to be. Dawson stated there are problems with permitting. Anything permitted will be a short-term fix and costly. A voluntary buyout seems to be the fix. Cooper stated there are other organizations that may be interested in undeveloped plats. Brenner questioned whether they’ve estimated the cost to buy out the land. Cooper stated the amount is estimated in the packet. It may be worthwhile to go into more detail in options four and 1A. The community is interested in option 1A. If the County had a consultant to help facilitate the discussion with the agencies, it would be worthwhile. Brenner stated a buyout cost of $2.9 million sounds cheap. Cooper stated that is based on assessed value. Brenner stated the assessed value in the county is between 25 percent to 50 percent lower than market value. She wanted an appraisal done on the property. She liked the idea of getting state agencies and residents of the area involved. She is not opposed to a voluntary buyout. They need to see if the federal and state agencies are interested in talking to them about permits. Dawson agreed. Public Works and Capital Projects Committee, 4/18/2000, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Brenner also wants to see Inter-Fluve present a report. If option 1A can be permitted, she wanted to see the County do both options. She believes at some point a person will sue the County if the County doesn't do anything to repair the problem and if he or she has property or loss-of-life damage, even if the person doesn’t take advantage of the buyout program. Dawson questioned whether the agencies will sometimes not say they are going to permit a project, and wait for the jurisdiction to spend a lot of money. Brenner stated they won’t know until they ask. McShane stated they are not facing permitting. The costs have to do with permitting, but the committee is losing focus of whether they want to spend money on doing repairs or major capital projects, or doing a minimal amount of repair or no repair. Brenner stated she wants to do minimal repair. McShane stated the agency situation is beyond the Council’s control and is irrelevant. Dawson stated the residents pay into the flood tax. McShane stated everyone else also pays into the flood tax. The community as a whole should question how the Council handles money for the community and whether this is an appropriate way to spend flood money. The Council needs to determine the most appropriate way to spend money, with sensitivity to the homeowners in the area. The County can provide some relief with a federal program that is available. The County has obligation from the past because the subdivision was County-approved. Middleton stated there is no County liability. Brenner stated there was a case recently in Palos Verdes, California. An owner's association was not allowed to build on sharp cliffs. McShane stated the property owners sued Los Angeles County to allow for development. The county denied development. The county lost. The development went in with an agreement that the homeowners' association would continue to do maintenance to keep the water in check. No landslide occurred, so the homeowners' association quit running the pumps. The landslides happened, and the homeowners' association sued the county and won. A voluntary buyout may be a notification by Whatcom County that there is a problem, but he is not an attorney. Senior Civil Deputy Prosecutor Dan Gibson spoke to the flood committee and indicated that the County doesn't have much liability. The County might have liability if it spent a lot of money on a dike and people assume they are protected. Public Works and Capital Projects Committee, 4/18/2000, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Crawford questioned whether the presentation from Inter-Fluve can be on- site. Cooper stated that would be great. Brenner questioned whether they could get someone from the Army Corps of Engineers and someone from the Department of Fish and Wildlife. Prieve stated it might be difficult to get the agencies together. They will try. Cooper suggested they invite the state Department of Fish and Wildlife. She can try and get them to the presentation. Prieve stated it would cost about $1,000 for Inter-Fluve to do a presentation. During a meeting with property owners, there was some agreement that they would want to participate monetarily on alternative 1A. The County could spend some money on creating a design, and not get it permitted. Brenner stated they haven't talked about the moratorium. She is as concerned about continuing building as she is about what is already there. She supports a temporary moratorium until they figure this out. If the County may be responsible for buying a lot of property, she didn’t want improvements being added in the meantime. McShane agreed with the moratorium while this is being worked out. Cooper asked if there have been any applications. Middleton stated there have been, and the applicant is appealing the decision. His department has inquiries quite often. Staff sends the applicants out to talk to a consultant, but most people don't come back. Brenner moved to enact a temporary moratorium in the area defined as the portion of the active area that is most at-risk, until the County can work out the options and decide which option(s) they want and have a meeting with residents. Dawson stated she is not going to approve a moratorium. The County is not legally responsible. The County has a liability by not allowing people to make productive use of their land. McShane stated they can move forward with a clear motion of what they want to do. He suggested they 1. hire Inter-Fluve to present to the community and County Council on-site, 2. set up a voluntary buyout program for at-risk properties, funded by FEMA and administered by the County, 3. have the community at Glacier Springs fund any maintenance of the upper portion of the levy, with assistance from the County engineering staff. The County doesn't need a moratorium if it comes up with a clear policy. Brenner questioned whether they can make a motion to make the community pay for something. Prieve stated they are not talking about participating fully, but matching 15 or 20 percent. Public Works and Capital Projects Committee, 4/18/2000, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Dawson stated she liked that idea because the County is providing staff to assist the residents. Brenner withdrew her motion. McShane questioned whether the three suggestions he made were reasonable. Prieve questioned whether the three should run in tandem or in order. McShane moved to hire Inter-Fluve to present to the Council and the community on-site. Brenner questioned whether McShane was comfortable with the other two suggestions taking place after the presentation. McShane stated they should implement a moratorium if that is the case. Brenner stated it is a temporary moratorium. Dawson questioned what temporary is. Middleton stated temporary is defined. A moratorium has to be temporary. He’ll need clarification on what properties the moratorium covers. He questioned whether the moratorium is on any property that touches the boundary or on any property that the boundary totally encompasses. Brenner moved to enact a temporary moratorium in the part of the active alluvial fan that is marked on the Inter-Fluve Inc. map on page 137 of the Council packet. Middleton stated there will be properties that are partly covered by this portion. Brenner specified any property that is within that boundary. One can always build outside of the boundary. Middleton questioned whether the building envelope has to be outside the at- risk areas. Brenner stated that is correct. Brenner questioned whether people are requesting permits in the black area or gray area on the map on page 137. Middleton stated they are in the gray area. Brenner restated the motion to instigate a temporary moratorium on the parts of the active fan that are most likely to be at-risk in the short term and long- term, according to the map on Council packet page 137. Public Works and Capital Projects Committee, 4/18/2000, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 John Herod, “Y” Road, stated that if the moratorium is going to be short term, considering a potential risk area seems excessive. Brenner stated that if someone builds something in the long-term high-risk area, the County would also have to pay for any improvements made in that area if it does a buyout program. Herod stated the risk in the potential area is not defined. The study doesn't say that Glacier Springs is at risk. If they take any action, except nothing, then Glacier Springs is not at risk. (Clerk's Note: End of tape one, side A.) Herod questioned how they can say they are in a high-risk zone. Cooper stated that based on the type of hazard area, it is so unpredictable in nature, she couldn't say that Glacier Springs is not at risk. McShane stated that in the past he has been approached by property owners seeking permits who have been told by the County to get a critical areas evaluation within the long-term, at-risk area in Glacier Springs. He declined to write a report because the risk was too high. He did write one report in a narrow area that he felt was okay. Brenner stated this gives the Council breathing room to decide what options to take. They may go with Mr. Herod’s option, but if they don’t, the Council could end up spending more money to buy out property. Herod stated a study was done in January that doesn’t mention the risks mentioned by McShane. When Councilmember McShane worked for Purnell, the original Purnell study was done before the dike was built, Purnell defined zones one, two, and three. Zone two is similar to the gray and zone one correlates to the at- risk area. At the time he built his cabin, he was under the Purnell rules and he was not in any risk zone. It is amazing that in 1997 he was not even in a risk zone. A study has been done that says he is still not in a risk zone if they don't do anything. Now, the County wants to have a moratorium. Brenner questioned the harm in enacting the moratorium temporarily. It won’t take more than a few months to define the area. Herod stated they are encumbering the property owner. Brenner stated the Council’s responsibility is to the public at-large because it is their tax money that will pay for this in the end. It will temporarily encumber the property owners. Herod stated the buyout would only happen when there is a flood and the property is destroyed, when the federal government can buy it out. They are offering a buyout, but they are not opening up a County coffer. Public Works and Capital Projects Committee, 4/18/2000, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Brenner stated one option is to use County money to buy out property. Cooper stated the HMGP is federal, post-disaster money. The County has to wait for a disaster. Brenner asked about the Land Trust. Cooper stated the Land Trust may be more interested in the undeveloped lots. Brenner stated the undeveloped lots would be more of a reason to enact a moratorium. Cooper stated the undeveloped lots would be the difficult lots to get FEMA to buy into. Those are the kinds of things staff can investigate in the coming weeks. Brenner questioned how long they could assume it would take to have the meeting and decide what is or isn’t possible. Cooper stated she hoped it would take only two or three months. The agencies are unpredictable. They should also include the tribes in the meeting. Herod stated part of the reason they are shying away from repairing the toe is because of stiff regulations. They ran out of time to do a repair because the Chinook started running. They are going to have to work under a very narrow window of operation. Agencies will allow the County to do it, but by agency rules. Cooper stated that is not clear to her. They had to do the project, but there was no one mutually agreed-upon window of opportunity. When the County brought this to the agencies a year ago, the agencies said the County was going to be back in a few years when it fails again. The agencies wanted the dike moved back. The agencies will never say whether or not they will allow the County to do it again, but the County got the sense it would be difficult to do this again. That is why she recommended that the County look at the big picture and figure out the alternatives. Brenner stated she didn’t want people to keep developing that property if the County doesn’t know if they can do that. If the County can do that, she would be more receptive to looking at that alternative. However, if the County ends up where it can't do it anyway, it's lost more time, people have developed more property, and the County is in worse shape. Herod stated the gray area is a low-risk area, and he questioned what makes Glacier Springs a sacred cow. The Nooksack River is eating up the Truck Road, but it has not been established as a high-risk zone. The Mount Baker Rim is facing the same situation with Glacier Creek. It seems arbitrary that a low-risk zone is getting this treatment when the County is ignoring other areas. Brenner stated others say it isn’t a low-risk zone. Public Works and Capital Projects Committee, 4/18/2000, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 McShane stated he didn’t work on the original Purnell study. He felt the levy increased the risk. If the levy ruptured, the creek couldn’t get back and would have to go through the area that was perceived prior as a low-risk zone. That was one reason they changed it while he was with Purnell. He is sympathetic with Glacier Springs being a sacred cow. The reason is because Glacier Springs is the first. The County will see more of this in the future. Herod stated that in the low-risk area and a lot of the area that is considered a high-risk area, the age class of the trees is 80 to 90 year-old Douglas Fir. They are talking about geological terms. The 80 to 90 year-old age class on the Douglas Fir gives them a sense that they have to do something now. McShane stated he has seen properties where 800 and 1,000 year-old trees are in danger. This is an example where using the trees as a comfort is an inappropriate observation. Cooper stated this site is penned it, and the river can’t move into the mountainside across from Glacier Springs. All the material that comes down has to be stored in a small area. She thinks of moving the dike back as buying time. Logging didn’t occur when the first parts of the fan were formed. The unpredictableness is the difference between this and Truck Road. Brenner stated the arguments have convinced her to pursue option 1A, but they need some breathing room. Wendy Cosgrove, The Logs Resort, asked the length of the moratorium. Brenner amended her motion to clarify the moratorium would be for two months. Cosgrove questioned whether the moratorium would continue after two months. Brenner stated the moratorium would be lifted in two months. It only gives the Council breathing room. Dawson stated the likelihood that once the moratorium is in place, it is more likely to stay. Brenner disagreed. If she didn't feel comfortable in two months that it is a need, she would vote against it. Dawson stated it is a dangerous area. They are going to be told it is a dangerous area. Then, the Council will not lift the moratorium because it is a dangerous area. Public Works and Capital Projects Committee, 4/18/2000, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Brenner stated they are going to do some work and pick an option. It is not dangerous over the summer. The Council will come up with an option and move ahead. She disagrees that the moratorium will not be lifted. Hazel Olsen, former owner of The Logs Resort, stated she started the resort 40 years ago. Until 1989, they never had any problems. She asked what the big deal is. They’ve never had any damage to any structures. It is ridiculous to buy out the property. Brenner stated the buyout is voluntary. The County will have less liability because it went through this process. Olsen questioned why a moratorium is necessary for two months. Brenner stated the Council hasn't decided what option it will do. The staff said the Council will probably have all the information it needs within two months, including their field trip to the area. This is stuff that takes a little time. Olsen stated the Mount Baker Rim had a number of homes that went into the river. The cabins at Glacier Creek were very much in danger. Canyon Creek has never had any problems. Brenner stated that two months to make a decision is not too much to ask. A voluntary buyout program would not necessarily affect anyone who doesn't want to be bought out. What it will do is protect the County in the future from liability if someone's property is damaged because he or she chose not to be bought out. Part of what the Council has to do is to protect the interests of the entire county. Dawson stated they don't know that this will protect the County from liability. Brenner stated this would show that the County, in good faith, gave the residents another option. If the residents don't choose to take it, that is the residents' decision. Chances are that the judge would look at the program and determine that the County did the best it could to get people out of harm's way. Hoag stated a voluntary buyout would involve taxpayer funds being spent to remove properties from the tax roles. She agreed with the people who have testified and that it seems they are overreacting. If they want a long-term fix, they should move the dike westward. Everyone agrees that would be the best overall protection. If they don't want to spend the money for a long-term fix, then they should fix the dike that is there. Brenner stated all they are talking about is doing a temporary, two-month moratorium to decide which option to do. Dawson stated with any option, the likelihood of getting permitting is very remote, including moving the dike westward. Public Works and Capital Projects Committee, 4/18/2000, Page 11 Public Works and Capital Projects Committee, 4/18/2000, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Brenner stated that is why they need to contact the federal and state agencies. McShane stated they are ready to move on a temporary moratorium and the presentation by Inter-Fluve. Brenner moved to recommend to the full Council a temporary, short-term, two-month moratorium to provide time for the Council to determine which options can be permitted. Motion carried 2-1 with Dawson opposed. McShane moved to hire Inter-Fluve to give a presentation onsite as soon as possible to the County Council and the community to present the risks and options, so the Council can make an informed decision about how to proceed. Motion carried unanimously. ADJOURN 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 The meeting adjourned at 2:45 p.m. ______________________________ Jill Nixon, Minutes Transcription ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ______________________________ ___________________________ Dana Brown-Davis, Council Clerk Barbara Brenner, Committee Chair