- June 9, 1998
By JEFF BURLINGAME - DAILY WORLD WRITER
OCEAN SHORES - The Ocean Shores City Council is facing legal opposition to its plan to spend $150,000 of state money to protect part of its shoreline from erosion.
The Seattle law firm Smith & Lowney, representing state environmental groups, say the city's plans will create an eyesore along the beach and detract from Ocean Shores' thriving tourist economy.
Right now, the city plans to spend the money to install geotubes, huge sausage-shaped bags filled with sand which will strengthen the sand dune north of the North Jetty.
At risk are several city sewer and water lines. If the dune breaks, it would flood most of southern Ocean Shores and jeopardize city-owned utilities.
"We are coming to you in good faith, to try to address you directly before we resort to litigation," said attorney Knoll Lowney at the City Council meeting last night."We want you to rescind or modify (the resolution) ... to finance the geotubes," he said.
City Manager Jack McKenzie seemed unfazed by the law firm's vow, saying this morning that the city is proceeding as originally scheduled.
"We are protecting the infrastructure of the city by keeping the ocean away from Ocean Shores Boulevard," McKenzie said. "That road can't stand too much flooding."
The geotubes are scheduled to remain in place for one year, buying the city time to prepare a state-required Environmental Impact Statement and come up with a permanent solution to its erosion problem.
Lowney and his associate, Rick Poulin, say the geotubes will ruin the beach. The men are representing both the Washington State Surfriders Foundation and the Washington State Environmental Council.
"It's very unlikely that any solution will be had in one year's time," Lowney said. "There is a good possibility that (the geotubes) will not be removed and end up a piece of trash."
For an example, the attorneys pointed to the current use of "wave bumpers," rock formations built on the beach to dissipate the force of the surf so it won't be as strong when it hits the dune.
The bumpers have been in place since 1996, when increasing erosion and the potential risk to condominiums became too much to live with for private homeowners. The wave bumpers were paid for by those homeowners.
"People throughout the state and nation come here for one reason," attorney Poulin said. "It's because you have a beautiful beach and coastline. The wave bumpers are an abomination."
The city manager agrees that the wave bumpers are not pretty, but he says they serve a purpose.
"Nobody wants those structures on the beach, but they are a necessary evil," McKenzie said. "The city's intention is to prevent flooding."
During its last session, the state Legislature appropriated the $150,000 to construct the geotubes. The city has already spent $42,000 for design work.
McKenzie says the city has 120 days to complete the installation of the tubes before the storm season approaches.
Lowney says he is giving the city "a few days" to rescind its use of the geotubes, before beginning what he says will be a lengthy court battle.
"The city is going to find itself fighting in multiple venues," Lowney said. "It will be very expensive for the city and the taxpayers.
"(The city) seems to think it's their beach and they can do whatever they want with it. And if the city council takes that route, it's going to be very difficult."
Smith & Lowney also represented the Friends of Grays Harbor in its suit against the City of Aberdeen over permits at the new Stafford Creek prison. Lowney said this morning their role in that case is basically finished.
The city manager says he doesn't want to see legal action, and feels there is some "middle ground" that can be reached between the two parties.
"They are just doing their job," McKenzie said of the attorneys. "But we are proceeding as originally scheduled. We are faced with a serious situation if we don't."