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HomeMy WebLinkAboutMIN LAAC 2023/11/14 (2022-2024)Committee on Legislative Approvals and Acquisitions 19th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii November 14, 2023 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 10:00 a.m., in the Council Chambers, Kailua-Kona, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Ms. Michelle M. Galimba, Vice Chair Ms. Cindy Evans, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member Absent & Excused: Ms. Susan L. K. Lee Loy, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Robert Glory Sr. Res. 328 (Comm. 557), in support. Linda Hallbritter Res. 328 (Comm. 557), in support. Vicky Rell Res. 328 (Comm. 557), in support. Toni Withington Res. 328 (Comm. 557), in support. CHR. INABA: Thank you. Coming here to Kona, Resolution 303. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. LAAC-19 November 14, 2023 Res. 328-23: URGES THE MAYOR TO ENTER INTO NEGOTIATIONS WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR FOR THE ACQUISITION OF THE PROPERTY INDENTIFIED AS TAX MAP KEY: 5-6-001:062, KNOWN AS OLD COAST GUARD ROAD, AND OTHER ADJACENT FEDERAL LANDS AS MAY BE NECESSARY, SITUATED IN THE AHUPUA`A OF `UPOLU, DISTRICT OF NORTH KOHALA The County seeks to acquire property to provide secure, safe, and legal public access to the Honoipu/Puakea portion of the Ala Kahakai trail system, including the Mo`okini Heiau and birth site of Kamehameha I. Reference: Comm. 557 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to recommend adoption of Res. 328-23. Seconded by Ms. Villegas. CHR. INABA: Council Member Evans. MS. EVANS: Thank you, Chair. I want to thank the testifiers. They, I really think they spoke to why this is needed, and we need to finish. We need to finish this. The Coast Guard doesn't want it, they've surplus it, now it's in the Department of Interior. They're asking, you know, I think they're really wanting to see a resolution to this. And I'm hopeful the way we wrote this resolution is to really encourage Public Works to find a way to finish this acquisition. And so, in your communications, what we did is we sent you a communication, and on the back, it has a map, and the map will show you where the Old Coast Guard Road is, up at the north end of our island. The most important thing about the map is that we looked around the area to find other roads that the county has under their jurisdiction that are of similar nature. Similar nature meaning the width of the road, the right of way is 50 feet but the actual pavement on the road is 20 feet. And so, the road that we're asking to acquire would be similar to other county roads in terms of what they look like. So, I wanted everybody to know this is not really, I don't think it's out of the ordinary. But I would like to give Director Pause an opportunity if he'd like to provide comment. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Committee.) MR. PAUSE: Aloha. Stephen Pause, Director of Public Works. Yes, Council Member Evans and I have had a number of conversations about this particular item. The road right of way being 50 feet, I think that most of our conversation has been around what opportunity might there be to bring the road up to a little Page 2 LAAC-19 November 14, 2023 better standards than what it is now. It's definitely, I think one of the testifiers mentioned that the road is in various states of repair; potholes, patch, some areas are not quite so bad. I think the biggest concern that you and I have spoken about is the width of pavement. I think you stated it was 20 feet. I think in some areas it's probably closer to 16 feet. And as folks know around here, that's not enough room to get two cars by each other. And we've talked about pull -offs and such. So, you know, the bottom line from our perspective is if the acquisition is beneficial for the community, as long as we're all aware of what it is that we're getting, it's a road that could use some repairs. I think I measured it. It's about a mile and a half. I think we spoke about maybe negotiating part of the deal to have them give us some money to take the road. That would be really nice as well. But there is some work that needs to be done. I've driven it. I'm familiar with it. But at the end of the day, it becomes an issue of if this is something that's good for the community, as long as we're all aware of the need to maybe bring it up to some better standard because it's not going to hit a dedicatable standard. But it could definitely use a lot of work. MS. EVANS: Thank you. The other thing is I wanted to ask Bobby Command, Deputy Director. I think you're also intimately involved. You've gotten a lot of phone calls and a lot of urging. Can you just tell us, you know, the administration viewpoint? (Note: At this time, Deputy Managing Director Bobby Command came forward to address the members of the Committee.) MR. COMMAND: Sure. Bobby Command, Deputy Managing Director, County of Hawai `i. I've spent the whole term not talking to you and finally I get two chances in a row but glad to be here. So, I've been involved in this since 2011. There's a long story and a short story. I'll give you the short story and if you have any questions, you can ask afterwards. But we were asked by Momi Lum (Kahu of Mo`okini Heiau) to come up and talk about access to the historic sites, and she asked that we take a look at the road and see what we could do about it. In doing the research, we found out that the county had been trying to acquire this road since 2008, even before that. The two things that have stood in the way of a very easy acquisition, a very obvious acquisition is that number one, at the very beginning the National Parks had some deep restrictions that were unacceptable and the other being of course, that the road is substandard. The National Parks have since dropped the deep restrictions, but it still leaves the question; are you willing to accept a substandard or a road that's not up to dedicable standards? And, yeah, happy to answer any of your questions. Page 3 LAAC-19 November 14, 2023 MS. EVANS: Okay. Well, that's an interesting question because we have other roads in the area that are, I don't thinkI don't understand the dedicated or nondedicated. I just think that in the area we have these types of roads that were put in years and years ago, and I think I'd go back to Stephen Pause saying, "Yeah, there is some minimal, acceptable, don't have the potholes, you know, don't have the, you know, do we want it 20 feet wide so people don't have to turn off." But, you know, if you have legitimate shoulders that people could pull off. My experience of Coast Guard Road is that people pass each other by pulling off. But there's other roads if you go out to Kapa`au and Hawi, there's roads everywhere like that. So, this seems to be more of a norm instead of an out of the ordinary, to have that requirement to pull off. So, you know, I ask for my colleague's support. Thank you. CHR. INABA: Thank you, Council Member Evans. Opening it up for discussion. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. What is the current state of the road? I think I drove this road maybe 10-15 years ago to go check out the surf. That was the last time I was out there. MR. PAUSE: So, just in general there's a lot of patched potholes. There's areas that are narrow where two cars can't get past each other. Generally speaking, you know, it could use a repaving and I don't believe there's any striping. No, just coming off of `Akoni Pule (Highway). So, yeah, generally speaking, it's a road that is passable. It's not great but then there are worse roads out there as well. MR. COMMAND: And I'd just like to add that both sides of the road in certain places are heavily vegetated with guinea grass. MR. KANEALI`I-KLEINFELDER: I'm thinking about Stainback (Highway), and I'm saying that for two reasons. One, it took working with the state and getting some of the key players at the state to work the Mayor's Office to figure out how to form an agreement with them so that we can lock down the agreement that, you guys fix the road, we'll take it over. So, that's a good example of how we kind of worked with the state agency to get a road to equal out to a county road. MR. PAUSE: If the world's a good place, I believe they're paving this week at Stainback. MR. KANEALI`I-KLEINFELDER: They are. I don't want to go there because we're not on subject. But yes. Page 4 LAAC-19 November 14, 2023 MR. PAUSE: But, yeah, that's an excellent point. You know, we made an arrangement directly with Director (Ed) Sniffen on that to do some repairs on our dime, and in return they are coming back and doing additional work. So, that's probably a really good example. MR. KANEALI`I-KLEINFELDER: Collaborative effort. So, I'm saying that because on the back portion where `Be it finally resolved," that you transmit a copy to to the maker, transmit this to some of our federal representatives so they can see this and help be the partners as we collaborate with the federal folks because then they can help make sure that it happens, yeah. But that's my—other than that I understand the need for this. You know, this road is kind of near and dear to me. And we've had a number of testifiers come out today on behalf of this to say that they support this, and this is a good community area, and this will result in a beautiful a relationship between federal, county, finding a way to get access to a nice area that the community is asking for. So, I'll be supporting this today. And good job speaking for your community. I yield, Chair. CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Yeah. Thank you, Council Member Evans, for bringing this forward. I do have a little bit of experience on this road. My husband and I went to stay for our anniversary one year and walked the road down to the ocean. There's an incredible memorial there for the Portuguese sailors that first landed there, and I was highly educated by that, and you can see where the old pylons were. And there's something I love about the rustic feel of a one lane still kind of gravity road that requires you to drive slow on a straightaway instead of flying down. And yes, there's loads of guinea grass. But as a compliment to DPW (Department of Public Works) and the machinery they have for cutting that back, there is a wide perimeter around that if I remember correctly, and then with the fencing on each side. I see this as a historic and cultural access point that is obviously priceless to those that live in that community and making it very valuable. But I also completely respect and understand the challenges for the county and receiving something that's not up to the standards, but we can create an imbalanced precedence. I'd like to think that there will be interest and kind of the common- sense mind -frame from the federal government and however the state would be involved to put a little bit of effort into fixing the road and doing the things that would make it more usable for the county to take over or purchase or whatever or how that is negotiated. But that there's opportunity here for alignment and collaboration for a long-term vision and for perpetuating access to this area. If I remember correctly, when I was there right on the shoreline there are old government buildings that are in deep disrepair but also still seem to be, you Page 5 LAAC-19 November 14, 2023 know, I'm not sure what the status of those structures are but anytime the structures that have historically been there for decades that are still standing, there's potential for use by community to transition and what not. But I also really respect the challenge of adding more to the workload, and responsibility of our administration, and adding another property. So, somewhere in there, there has to be this fine balance. But I see this property and this location and the access to the coastline there and the historic sites as being just a gem. So, I am hopeful that there will be opportunities for everybody to sit at the table and find the best way forward, and who contributes what, and it to be an added asset and resource to our county as opposed to, "Oh God, another thing we have to deal with. So, that's the hope there. But thank you for bringing this conversation back online. Thank you to the community members who drove a significant distance to share your thoughts, and beliefs, and your support for this resolution. And with that, I yield. CHR. INABA: Mahalo. Council Member Galimba. MS. GALIMBA: Thank you, Chair. Yeah, definitely will be supporting but I just want to get a little datapoint. Generally speaking, Director Pause, what would be, you think, the investment that would need to be made to make the road dedicatable or something that you could live with? MR. PAUSE: Yeah, I don't think we'd be necessarily talking about today's dedicatable standards. I guess my initial view would be to make it so that it's, you know, first of all the pavement is smooth. Secondly, to make two lanes that can pass each other with probably five-foot gravel shoulders on the sides, just cut back the grass from the edges. And then we'd have to take a look at signage and striping as well. But I didn't come prepared with a good number for that today but that something that I could work on. But I think at a minimum that we'd be looking at something like that. I mean, if you wanted to do something a little bit less, you'd definitely want to put some pull -offs in. MS. GALIMBA: Okay. Yeah so, I might be making a comment here. In general, it's kind of amazing that we have to like fill in potholes and then we have to make speed humps to slow people down. The way of the world. But yeah, I'd love to know, you know, in a very general way what kind of number that is that somebody, not necessarily us, might be paying to help get that road usable. I yield. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yeah. Thank you, Chair. Just a follow up on Council Member Galimba's comment. I think, you know, for the next hearing on this it would be useful to have that baseline number about what you think it would be Page 6 LAAC-19 November 14, 2023 to just get it to the minimum number of standards of safety and then also, if possible, sort of an expected maintenance budget. You know, you talked about the guinea grass on the side of the road and what not. The question for the maker with this, are you proposing that this would be purchased under the PONC (Public Access, Open Space, and Natural Resources Preservation) funds? No, this is not going to be a PONC related purchase. Okay. Question for perhaps Corporation Counsel or somebody who may know. Just wondering if it is possible to have this not be a road, and be an easement instead, a public access easement. Just kind of a thought. Maybe the answer is not immediately available, but it might be another tack to take and would refrain the requirements in terms of your bringing it up to any kind of standards and maintenance if it were not necessarily a road but a public access easement. Maybe for the next conversation, but just an idea looking at it. My last question, you know, Council Member Villegas mentioned some old structures down there. We have some culturally, very significant sites. Maybe, Ms. Withington, this is something you could respond to, any concerns about safety or opening up greater access to some of these sites? Are we also going to have to be thinking about demolition efforts for some of these structures or any kind of, I don't want to say restricted access, but you know, caring for those sites to make sure they're not—sometimes I wonder why we can't have nice things in this county and people don't always treat every site as well as it should be treated or could be treated. And I'm just wondering if we need to think about that aspect of it at all as well. I don't know if you have any thoughts? They are blocked off, okay. (Note: At this time, Toni Withington came forward to address the members of the Committee.) MS. WITHINGTON: I'm sorry, Council Member Kimball, can you repeat the question? MS. KIMBALL: I wanted to know if we have any concerns about one; the structures that Council Member Villegas mentioned that may be in state of disrepair and that we might have concerns about safety. Do we need to think about potentially some resources to do demolition down there? That's the first part of the question and the second part is for these culturally significant sites, and Council Member Villegas kind of hinted off mic that they are already sectioned off. But is there any concern that we might have to account for with respect to creating greater access to the public to these cultural sites in terms of protecting their integrity? MS. WITHINGTON: You know, first off, I want to say that there are no structures on the land that is being they did not include any part of the former Page 7 LAAC-19 November 14, 2023 LORAN (Long Range Navigation) station. It's just a roadway. And it's not the complete roadway. It's the roadway down to the red cinder road that leads to Mo`okini. This is an important thing to know, and it's mentioned in testimony, the turn over of the road is only from the highway to the red cinder road to Mo`okini. The rest of the roadway and the parking lot are owned by a private owner, who we have been working with through the PONC project, who is willing to talk to the county about turning that parking lot and roadway over to the county but only if the county takes the upper part because there's not point in doing it otherwise. So, we have a willing participant as it were. Okay so, there's no structures on the property that you're taking over and that's a good question about what does the community think about making an access more accessible to beyond just the residents but to visitors and the public? And Bobby asked that question of me about a year ago, and I took that question to each of the CDP (Community Development Planning) groups. There are four groups that are participating in this from the CDP, growth managing, which I am; public access, parks roads, and historic cultural. Okay so, we took the question to them to say, "What is the balance between opening it up and making it available?" And the feeling was that it's important that we have it for our future generations. It's important too, that we have it through the possibility that the lower part of the road can be helped to be maintained by the maintenance fund. So, there's all kinds of benefits to this. And the question of whether it's going to mean more people is something that we're struggling with in other places, particularly Pololu Valley in our community. But I think that as long as it's not built to a super highway, I think that that question is answered by the community. MS. KIMBALL: Thank you, Toni, for sticking around and for responding to that question. I certainly support public access to open spaces because I do think that when you have more people hiking and utilizing trails and going to these places, they're also caretakers of those spaces and then they can help lookout for things. But I think we also need to consider if there's any, you know, potential increase barriers needed or anything like that with respect to these cultural sites. I did want to just tap into one thing though, and I don't know this area well enough to know where these structures are that Council Member Villegas mentioned that are potentially in disrepair. But I have a similar situation in my district where there's a public easement to a property that has a dangerous structure on it. And while the dangerous structure is not on the easement, there is concern about that, with opening up that public easement to increase access to that dangerous site. So, regardless of whether or not it's on that same TMK (Tax Map Key) or property, I still think it's something that we need to consider. Page 8 LAAC-19 November 14, 2023 And again, maybe Council Member Evans, you could help edify me on if the proximity to this is kind of a concern with potentially putting people in a dangerous situation. MS. WITHINGTON: I can answer that. MS. KIMBALL: Okay. CHR. INABA: Sorry. Very quickly please. We just want to be able to make sure everyone gets a chance to talk, and we have a few more agenda items. Go ahead. MS. WITHINGTON: So, the concern is that the public would have access to the buildings of the former LORAN station and that question is moot. There is the property at the bottom of the road that has a parking lot, and the roadway was purchased by a family on the mainland who took over two of the residences of it and have brought them up to county standards. So, they have a gate on their property. The land that has the old former station on it with all its hazmat problems is owned by DHHL (Department of Hawaiian Home Lands). And DHHL has the gate closed at the property that we're talking about. There is access to the federal government to a beacon that the federal government, I think the FAA (Federal Aviation Administration) put in for navigation. But that road is also locked. The other road that goes to Mo`okini is open only during part of the day. The Lim Family closes that gate at night. So, I think in terms of security to keep the public under wraps is okay. MS. KIMBALL: Thank you, Chair. I yield. CHR. INABA: Thank you. Any further discussion. Going back to Council Member Evans. MS. EVANS: I just wanted to point out for those who don't see the resolution that in the `Be it resolved," it asks the Mayor to enter into negotiations and that the road be transferred in a fair condition. The reason we put that in there is to make sure that in the negotiations, we don't want the federal government to give us something that really is not reasonable in terms of what the condition is. So, there's an expectation that we're going to be asking the federal government to not turn something over that is really in deplorable condition. Another point I wanted to make is this road has always been open to the public. Everybody goes up and down the road. So, my sense of it is if we can keep it more in the condition it is but make it more passable, because you're right. The condition it's in now is people don't drive really fast, they drive pretty slow, Page 9 LAAC-19 November 14, 2023 everybody, you know, is very rural. It's like other roads in the area. I mean, I don't know why we would want to stripe it and do some other things because we don't do it on other roads that are like that. And the other thing is if you went down the road, it's predominantly grazing land, open space grazing land. There's not a lot of homes. And so, you know, it's really nice the way it is but it does have to have a little bit of effort because of the guinea grass and, you know, whatever. But hopefully the federal government will step up and take care of that. But anyway, thank you. I yield. CHR. INABA: Thank you. With that, I'll be supporting the resolution again. Thank you again to our testifiers for being here and sharing, you know, first- hand knowledge of the road, and to Director Pause as well. The motion on the floor is to forward Resolution 328-23 to Council with a favorable recommendation. All those in favor? Vote on Res. 328-23: The motion to recommend adoption of Res. 328-23 (Approved) was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Lee Loy — 1. Excused: None. CHR. INABA: Thank you. We'll move on to Resolution 337. STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON RES. 337-23: The following individual registered to speak and came forward when called by the Chair: Alan Rolph (representing Amy Greenwell Ethnobotanical Garden) Res. 337 (Comm. 569), in support. Page 10 LAAC-19 November 14, 2023 Res. 337-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO THE FRIENDS OF AMY B.H. GREENWELL ETHNOBOTANICAL GARDEN Approves a grant of $171,370 to the Friends of Amy B.H. Greenwell Ethnobotanical Garden, a 501(c)(3) nonprofit organization, to continue providing land stewardship and cultural education for properties in Kealakekua (Tax Map Keys: 8-2-013:002, 003, 014; 8-2-014:043 and 8-2-015:059), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 569 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to recommend adoption of Res. 337-23. Seconded by Ms. Villegas. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. Just asking for my colleague's support. It is really a beautiful garden that is very much a part of the community, gets hundreds of people there, and teaches people about our native and canoe plants, and the culture associated with that. So, it's an incredible educational space on this island, and getting ADA (Americans with Disabilities Act) accessible pathways is going to be really great so that everyone can enjoy this resource. I yield. CHR. INABA: Thank you. Any discussion? Council Member Villegas. MS. VILLEGAS: Yes. Aloha and thank you for being here. Thank you for all that you've accomplished and how far you have taken this community area, this space, this priceless gathering zone that is perpetuating so many species. I was recently talking to prior Council Member Karen Eoff about her husband's perpetuation of Ola Na being recognized as one of the only propagators of Ola Na potentially. At a certain point, and at the risk of us losing that cultural and historic resource, but she was sharing with me that you guys are propagating it as well. So, the depth and the breath of the difference that you make in our community especially for those focused on horticulture and agriculture and education and getting people's hands and feet, you know, your feet grounded and your hands connecting to things that grow and thrive here, is really priceless. And I am deeply grateful personally and professionally, so I'm very honored and grateful to be able to support this resolution, and that we are having organizations such as yourself who are actively involved in the management of these PONC properties get access to the resources that have been set aside and designated for that cause. Page 11 LAAC-19 Vote on Res. 337-23 (Approved) November 14, 2023 The resources are there. They have been set aside. We do have them. And so, I know it takes some doing with paperwork and some chasing things down and, you know, the bureaucracy of government but I think it's going to be worth it, and it sounds like there's a sizable enough amount of money to, I mean obviously more is better when you have all the projects, I'm sure you want to accomplish. But I'm very hopeful that this helps fill in the gap for what you've lost from the other funding source, and that we'll get to see you again next year or for other projects where this resource management fund can be allocated. So, I will be in full support, and I thank you for being here in person today. I yield. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here today to testify and for waiting patiently. I read up a little bit on Amy Greenwell, and she was amazing. I actually didn't know her history until I did that research, but her legacy continues on. And you are promoting that legacy I call, "The Living Treasure," online, and it really is. So, thank you for maintaining her legacy as an individual and what she brought to our community and for making sure that it's perpetuated for future generations. CHR. INABA: Thank you. Any further discussion? If not, a motion is on the floor to forward Resolution 337-23 to Council with a favorable recommendation. All those in favor, please say "aye." The motion to recommend adoption of Res. 337-23 was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Lee Loy — 1. Excused: None. CHR. INABA: Mahalo again for being here. Next resolution, please. Page 12 LAAC-19 November 14, 2023 Res. 338-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of $56,100 to P6h5h5 I Ka Lani, a 501(c)(3) nonprofit organization, to continue providing land stewardship and cultural education for the Waipi`o Valley Lookout in the Hamakua District, (Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 570 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to recommend adoption of Res. 338-23. Seconded by Ms. Villegas. MS. KIMBALL: Thank you, Chair. Just asking for my colleague's support to continue supporting the excellent work Jesse (Potter) and Kulia (Potter) are doing up there at the Waipi`o Valley rim lookout. This particular stewardship grant will cover a number of maintenance and repair issues as well as continue to fund all of the excellent programs that they offer up there. And if you haven't looked at their social media accounts, they are always doing something, whether it's for visitors, for community members, or for the school kids up in the area. A tremendous variety of programs for cultural education and stewardship training. So, just ask for everybody's continued support for all the work that they're doing up there at this great location. And if you haven't been by in a while, you should probably stop by and check it out. Thanks, Chair. CHR. INABA: Thank you. And I believe Ms. Potter might be online but opening it up to any further discussion. Council Member Kagiwada. MS. KAGIWADA: Thanks. I just want to say, I've had the chance to be up there working at the site with my family before as a volunteer, and it is a really great site, and they do a really good job with the volunteers. So, of course I'll be supporting. Thank you. CHR. INABA: Mahalo. There's a motion on the floor to forward Resolution 338-23 to Council with a favorable recommendation. All those in favor? Page 13 LAAC-19 November 14, 2023 Vote on Res. 338-23: The motion to recommend adoption of Res. 338-23 (Approved) was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Lee Loy — 1. Excused: None. CHR. INABA: Last order of business, please. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 101: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 3 ACRES (A -3a) TO SINGLE-FAMILY RESIDENTIAL — 20,000 SQUARE FEET (RS -20) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-079:002 (Applicant: Constance Imamura) (Area: 23,012 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into two lots to accommodate an existing dwelling. The property is located at 1212 West Kawailani Street, Waiakea Homesteads, South Hilo. Reference: Comm. 590 Intr. by: Mr. Inaba (B/R) Motion to Approve: Ms. Villegas moved to recommend passage of Bill 101 on first reading. Seconded by Ms. Galimba. CHR. INABA: In Hilo Chambers today, we have Mr. John Pipan as well as our applicant, Constance Imamura. Mr. Pipan, if you could please share an introduction of this request, please? (Note: At this time, Planning Consultant John Pipan and Applicant Constance Imamura came forward to address the members of the Committee.) MR. PIPAN: Aloha kakou. Thank you much, Council Members, for the service you provide, your care, dedication to the communities that you represent. I'm John Pipan. I live just outside of Honoka`a. Constance Imamura is behind me, the applicant in this situation. We're requesting a rezone for the portion of the Page 14 LAAC-19 November 14, 2023 property that she resides on fronting Kawailani Street so that she doesn't have to basically worry about the weeds that overgrow the orchard on the back of the property. She takes good care of her home and the landscaping around her house, it's just too much for her to care for the remaining four and a half acres of the property. To subdivide and allow that remainder portion to be sold to someone who has agricultural endeavors in mind and will have the effort and energy to take on that process is basically the reason, the empathies behind this project. We appreciate the hard work that the Planning Department and the other county agencies have done to shepherd this through the process. We've agreed, we've reviewed in detail and agree with the proposed conditions of the change of zone. And with that, we're here to answer any questions that you might have and would respectfully request your consideration for a favorable forwarding of this to the full council. Thank you much. CHR. INABA: Thank you, Mr. Pipan. Also, does Ms. Imamura want to make any statement at this time? Just want to check in. All good, okay. Opening it over to Deputy Director Darrow, if you would like to make any comment before we open it up for discussion here? (Note: At this time, Planning Deputy Director Jeffrey Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha, Chair and Members of the Hawaii County Council. Jeff Darrow, Deputy Planning Director. At this point, we have no concerns with this application. We're in full support. We did receive the proposed amendments and have no comments regarding those. CHR. INABA: Thank you. Opening it up for discussion here. Council Member Evans. MS. EVANS: Thank you. I guess my question is, I got the impression when we create more lots that we look at possibly some community benefit or some fair share contribution. I don't see anything. Is that because it's so small? I'm just not seeing a community fair share. MR. DARROW: I can address that, Chair Inaba. Normally when we add in a fair share condition, there's a proposed impact to this because there is an existing dwelling on the property that's being upzoned to residential. It's not actually creating any new impact. Currently, with the zoning in place they could build an additional farm dwelling. And so, the new owner that comes in that would purchase the back portion would still be able to build a farm dwelling on that portion of the property. Page 15 LAAC-19 November 14, 2023 MS. EVANS: Okay. I guess I'm confused because it says we're going to change the zoning from A-3 acres to RS -20,000 square feet, which means three acres divided by 20,000, you have a number of lots being created by this. So, we wouldn't do a fair share contribution until they convert it into that many lots? That's when we would? MR. DARROW: Council Member Evans, the application is actually just for a small portion of the agricultural. So, it's separating out approximately 23,000 square feet into a residential zoning. The remainder of it will remain in agriculture. MS. EVANS: Okay. It's a carve out. Okay. Alright. Thank you. MR. PIPAN: If I might add. It looks like this property would be favorable for additional density, the entire one, and I see that might be where you're expecting that would be the request. But Ms. Imamura is not a developer. She doesn't have the capacity or the desire to create all those additional lots, all the expense, all the infrastructure that would be required to build out that type of subdivision. She just wants to have her home on a separate lot with fee simple ownership. CHR. INABA: Thank you, Mr. Pipan. Council Member Villegas. MS. VILLEGAS: Sure. I just had a quick couple questions and then I'm going to be bringing an amendment forth. My first question then is, so from a legal standpoint and perhaps somebody could help me understand, that's what Ms. Imamura is saying now, correct. So, is the intention of subdividing to then sell the other lot, correct? MR. PIPAN: Correct. MS. VILLEGAS: And once the zoning's been changed, the person buying this lot then ends up with a lot that has the zoning for 20,000 square feet? MR. PIPAN: Incorrect. No. It's Ag -3 (acres) still. MS. VILLEGAS: Okay. It stays Ag -3 (acres). Thank you. That's very helpful to clarify for me. Okay, perfect. I would like to make a motion to amend Bill 101 with the contents of Communication 590.1. Motion to Amend: Ms. Villegas moved to amend Bill 101 with the contents of Comm. 590.1. Seconded by Ms. Kimball. CHR. INABA: Council Member Villegas. Page 16 LAAC-19 November 14, 2023 MS. VILLEGAS: Yeah. You know, the nature and the intention of this amendment is to keep things in line with code language, and it is exactly the same as the code with the amendment. So, just to clarify that with everyone. With that, I yield. CHR. INABA: Thank you. Any questions? Council Member Kagiwada. A MS. KAGIWADA: Yeah, to Mr. Pipan. I assume since the house is already built and there's not really anything planned differently, that the owner is fine with this amendment? MR. PIPAN: So, I would have to confer with the applicant. I just first laid eyes on the proposed amendment. Seeing as this is in line with the current standard for rezones, I would suggest to her that it's perfectly fine. It doesn't substantively change anything with how she's going to use the property or proceed with the subdivision that would be required. We anticipate it would only take a year maybe at most to actually achieve the subdivision. MS. KAGIWADA: Okay. Thank you. CHR. INABA: Thank you. Yes, so I'll just reclarify. There's going to be amendments at a meeting tomorrow. But this language just clarifies the specifics of Sections "C" and "D" from Section 25-244. And in Condition "M," sorry I went backwards, that's the exact language from the Code, just to make sure that it says Planning Director, or the Council can initiate rezoning to a more appropriate or the original designation. So, with that, there's a motion on the floor to amend Bill 101 with the contents of Communication 590.1. All those in favor? Vote on Motion The motion to amend Bill 101 with the contents of to Amend: Comm. 590.1 was carried by the following voice vote: (Approved) Ayes: Committee Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Lee Loy — 1. Excused: None. CHR. INABA: Back to the main motion, Bill 101, as amended. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I have two comments. One, Mr. Inaba, I really do appreciate that you continue to make these changes to our zoning ordinances that come in front of us in alignment with what we've Page 17 LAAC-19 November 14, 2023 heard from Corporation Counsel but in the direction that I really appreciate. So, thank you. And then to the applicant, Ms. Imamura, what I appreciate about this is you're only asking for a small portion of a five -acre parcel, and you could have rezoned the entire thing. And I like that you're looking at this truly, because a lot of times things come in front of us, and it's posed a certain way. But in this case, I like the direction that you're choosing to go, and that you've chosen to break off a small piece of this and leave a larger lot where your residence is currently, and I think that is commendable. So, thank you for keeping the look and feel of our county in mind as you grow within your own area. That's not a very good way to say it but it's the best I can do at this time. Question for Mr. Darrow or Mr. Pipan. If this lot is created, does it have to have access from the road or is it, I mean is there a necessity for a flag lot, or to be considered in that form, or does that come later and this is only the rezoning? I'm asking because I've seen this before. We have a land lot parcel with no access. Does that need to be addressed now or is that addressed at a later time? Is there even room for a driveway? MR. PIPAN: So, yes. Thank you for your question. There is already a 20 -foot - wide reciprocal access easement along the eastern boundary of this property shared with the neighboring property. It does contain a paved driveway. So, that looks to be sufficient access for the back four -and -a -half -acre proposed lot. Whether it turns into a flag lot or as it's been drawn straight across with the front property is yet to be determined in that subdivision process. But it looks like it'll work either way. But there is an access easement already. MR. KANEALI`I-KLEINFELDER: Wonderful. Mr. Darrow, do you concur? MR. DARROW: Yes, we concur. Thank you. MR. KANEALI`I-KLEINFELDER: Beautiful. Okay, you have my support on this. Thank you very much. I yield. CHR. INABA: Thank you. Any further discussion? If not, I do want to thank the Planning Department and Commission for including the five-year timeframe contained in Condition "D," and just asked if we can use the language contained in the amendment moving forward just for consistency with the Code. And this was an amendment that was reviewed by Corporation Counsel as well. Thank you, Mr. Pipan, Ms. Imamura, and Deputy Director Darrow. There's a motion on the floor to forward Bill 101, as amended, to Council with a favorable recommendation. All those in favor, please say "aye." Page 18 LAAC- 19 November 14, 2023 Vote on Bill 101: The motion to recommend passage of Bill 101, as amended (Draft 2) to Draft 2, on first reading was carried by the following (Approved) voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kdneali'l-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Lee Loy — 1. Excused: None. CHR. INABA: We're now at the end of our agenda. ADJOURN- There being no further business, at 11:03 a.m., Ms. Galimba moved to adjourn MENT: the meeting. Seconded by Mr. Kdneali'l-Kleinfelder and carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kdneali'l-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 8. Noes: None. Absent: Committee Member Lee Loy — 1. Excused: None. CHR. INABA: This meeting is adjourned at 11:03 (a.m.). Mahalo. Approved: Mr. Holeka Goro Inaba, Chair Legislative Approvals and Acquisitions Committee HI/tk (Date) Page 19