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HomeMy WebLinkAboutMIN LAAC 2024/02/07 (2022-2024)Committee on Legislative Approvals and Acquisitions 22nd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 7, 2024 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 9:01 a.m., in the Council Chambers, Hilo, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Ms. Cindy Evans, Member Ms. Jenn Kagiwada, Member (came in later) Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member Absent & Excused: Ms. Michelle M. Galimba, Vice Chair 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 in support of Res. 427 (Comm. 698) and came forward when called by the Chair: Carlo Mireles, representing Mirein Development. Bo Kahui. Hiram Rivera. Jerome Kanuha. Kai Van Bergen. Colin Keola Childs. CHR. INABA: Thank you. Resolution 427-24, please. LAAC-22 February 7, 2024 ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 427-24: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 2011-1-38 OF THE HAWAI`I REVISED STATUTES, FOR THE KUAKINI HEIGHTS AFFORDABLE HOUSING PROJECT IN KAILUA KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-5-003:007 (Area: 10.529 acres) Kuakini Heights Housing Partners LP seeks exemptions from Hawaii County Code provisions for setback requirements, grading permit fees, building permit fees, and loading zone stall height requirements and exemptions from conditions within change of zone district Ordinance No. 06-152 relating to Final Subdivision Approval, time constraints on completion of construction, the development of a Salvation Army Complex, fair share contributions, and impact fees. Reference: Comm.698 Intr. by: Mr. Inaba (B/R) Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Res. 427-24. Seconded by Ms. Villegas. CHR. INABA: Good morning. We have Ms. Maeva from the Ahe Group and Mr. Ishida joining us today. If you both would like to come forward and share a general overview of the request. We also have Director Kern in the room who can come up and give a quick explanation on the Planning Departments behalf afterwards. You can have a seat and then turn on the mic and identify yourself for the record, please. And please pull the mic close to you, the big silver button on the bottom. (Note: At this time, Ahe Group President Makani Maeva and Planner Keith Ishida came forward to address the members of the Committee.) MS. MAEVA: Good morning, Chair and members of the County Council. My name is Makani Maeva and I'm the President of the Ahe Group. We're an active affordable housing developer located on the Windward side of Oahu. I have with me today, the Planner for our office, Keith Ishida, and he was intimately involved in preparation of the 201H request. I was hoping to walk you through the project and then if you have specific exemption questions, Keith can address those. Does that sound like a good idea? Okay. (Note: At this time, Ahe Group President Makani Maeva and Planner Keith Ishida came forward and provided a PowerPoint presentation to the members of the Committee. For viewing of the subject presentation, see Page 2 LAAC-22 February 7, 2024 the DVD copy of the meeting proceedings on file in the Clerk's Office, or online at http://hawaiicounty.granicus.com. A copy of the PowerPoint presentation is made a part of the record, see Comm. 698.1) MS. MAEVA: Let's see. We'll just go right back to the overall aerial. The idea here, if you grant us our 201H approvals, will be that it will qualify us for application to HHFDC (Hawai`i Housing Finance and Development Corporation). We'll apply for low-income housing tax credits in February, and then hopefully the approvals would come late to the end of the year. In the meantime, we'll be finishing our design and submitting for a building permit. It would be amazing, but this is hopeful, obviously. Always hopeful because I'm a developer. But some time in the fall, if we receive approvals for this, it would sort of coincide with the approvals of our building permit and we could start right away. So, I'm happy to answer any questions. I do want to note that it is 61 years of affordability. So, for 61 years the commitments will remain here. Any other questions? I'm happy to answer. CHR. INABA: Thank you, Ms. Maeva. Before we take questions, I do want to invite Director Kern forward, if you would like to share anything prior. (Note: At this time, Planning Director Zendo Kern came forward to address the members of the Committee.) MR. KERN: Good morning, Mr. Chair and members of the Committee. Zendo Kern, Planning Director. Just wanted to be here in support of the request made from Chapter 25 for the setback and the loading area. We're in full support of it and have no problems. I'm mainly here to answer any questions if there are any as it relates to the Planning Department. But we support the project. CHR. INABA: Thank you, Director Kern. Opening it up to questions for either the Ahe Group or Director Kern, starting with Council Member Evans. MS. EVANS: Thank you. The questions I I'm looking at the project and wondering if you're going to be building a complete street that's going to go down to the frontage of Lowe's? Assuming because of the people who will be renting will probably have to ride a bus, working with our transit people to bring a bus up to Lowe's, drop people off or pick them up. So, is it going to be a complete street? MS. MAEVA: Yes. The plan is that it will be a complete street. MS. EVANS: Okay. Alright. I think that's important. The other thing is parking stalls. When you said overflow parking, so how many parking spaces are you anticipating? Page 3 LAAC-22 February 7, 2024 MS. MAEVA: There are a total of 164 parking stalls. That's broken down as 149 for tenants and guests, one loading stall, six handicap accessible stalls, and eight stalls for the commercial and office area. MS. EVANS: Okay. I believe, unless you get an exemption to this, I believe because you've hit 100 stalls, you'd have to put in an EV (Electric Vehicle) station, if I'm not mistaken. MS. MAEVA: We're familiar with that requirement. MS. EVANS: So, how many would you have? MS. MAEVA: I actually don't know that off the top of my head but whatever the requirements are from the Building Department, of course we'll comply with that. We've done that in several other projects. MS. EVANS: Okay. Alright. So, when we move to the details of the resolution, I've got questions on that, but I'll pass for now because we're talking about the site. CHR. INABA: With anything, the motion on the floor is to forward Resolution 427, so anything contained within the resolution is up for discussion. MS. EVANS: Thank you. So, this is for Director Kern, on the resolution. So, this is about the details of some of the language. So, when you get into the first whereas is, you really define it as the affordable project in quotes. But when you get down into the `BE IT RESOLVEDs," we've switched and we're no longer calling it the affordable project. Now we're calling it, you know, affordable housing or whatever. So, I guess my exemptions, this is what I'm getting at. Are the exemptions we're asking for based on how the resolution was written, would exemptions also apply to the market part of the project versus just this affordable rental housing project, because of the way that it's written? Because in your `BE IT RESOLVEDs," you don't say affordable project in quotes like you do up above, so it gives the impression, if I'm reading it, we're asking exemptions for the entire project? MR. KERN: So, Council Member Evans, this is not our resolution. This is not a Planning Department application. This is the affordable housing, Office of Housing and Community Development application resolution. We're a party to it because it requests exemptions from the Planning Department as it relates to Chapter 25. So, I'm here to speak more to those exemptions. I think if it relates directly to the resolution, I think Housing would be better suited for that just because it's not our resolution. Page 4 LAAC-22 February 7, 2024 CHR. INABA: Council Member Evans, we have Anne Bailey in our Kona Chambers if you'd like to direct the question to her. MS. EVANS: Okay. Thank you, Anne. Good morning. Okay. So, I'm looking at the "WHERAS" and how you come up with definitions, and then you have in quotes, the affordable project, which is the Kuakini Heights Affordable Dwelling Development on the ten acres. But when you get into your `BE IT RESOLVEDs," you're not talking about that anymore, you're just talking about the affordable housing. And so, I think it leads to confusion and potentially the things that we're being asked to exempt would apply to the entire project, not just to the "affordable project". (Note: At this time, Office of Housing Community Development Division Head Anne Bailey came forward to address the members of the Committee.) MS. BAILEY: Yes. Good morning. I'm Anne Bailey and I'm with the Office of Housing and Community Development. To answer your question, if you look at Exhibit A of the resolution, you'll see that yes, in fact, there are exemptions to Ordinance 06-152, which would affect the three parcels tied to the housing site. The affordable project is only TMK (Tax Map Key) 007. So, we have listed specific code exemptions requested for parcel 007; setbacks, exemption from grading permit fees, building fees, and exemption to permit a high loading zone in lieu of what is required. There's also listed exemptions to Ordinance 06-152, and there are five of them; of which, of those five, two are narrowed to only address the affordable housing project on parcel 007. So, that would be Number 4 and Number 5. MS. EVANS: I'm just a little reserved in how it was drafted to make sure there's no misinterpretation of intent. Again, yes, when it's specific to the parcel, that's one thing. But there is some language in there that may imply that it actually is asking for exemptions to the entire affordable housing development, which is not the affordable housing project. So, to me, the language is a little confusing in areas and I'd like to hope that we could, you know, have yourI'm assuming you have a deputy. Okay, this is for Corporation Counsel. Do you have Deputy Corporation Counsel assigned that would have reviewed this? CHR. INABA: So, I can answer that. MS. EVANS: Okay. CHR. INABA: They have reviewed it. Deputy (Sylvia) Wan and Administrator (Susan) Kunz are at the Land Use Commission meeting regarding a different project this morning. So, Ms. Bailey is joining us to answer the questions that Page 5 LAAC-22 February 7, 2024 she's able to and if not, I'll be sure that any questions that we haven't gotten answered are returned to the administrator for answering at our next hearing. MS. EVANS: Okay. Thank you. Thank you. I yield. MS. BAILEY: So if I may, the three parcels tied together for the market and affordable project are reflected in Ordinance 06-152. So, you are correct in that some of the exemptions listed on Exhibit A; specifically exemptions 1, 2, 3, do apply to the entire project site. This is an inclusionary zoning project that happens to have, as required, an affordable housing component to it. MS. EVANS: Okay. So, I think it's just going to be important, maybe yeah, eventually I'd like to know what that impact really has that we're really approving because there's a lot going on here and I don't have the Ordinance 06-152 in front of me. So, I'd really like to know what we're, you know. Again, it looks like it's impacting the whole development project and there's specific ones to this affordable rental housing project, which I think is great. I like it. It's just I want to make sure what we're actually doing. A little confusion. Thank you. I yield. CHR. INABA: Okay. Council Member Evans, just for the record, wanting to know the impacts of Numbers 1, 2, and 3, which are exemptions to any parcel referenced in Ordinance 06-152. MS. EVANS: And to just say, they called it "the affordable project" in all their "WHEREAS", but when they get into the `BE IT RESOLVEDs" they don't use that language. Okay. CHR. INABA: Yeah, I mean they do refer to Exhibit A, which spells out certain TMK's. And then again, like I said 1, 2, and 3 (exemptions) are for the whole project so we're just wanting to know what that does cover in terms of future possible development. So, we'll have that answer most likely at our next hearing unless, Ms. Maeva, you're ready to answer that today. MS. MAEVA: I understand your question and if we need to add more to clarify or alternatively provide you a copy of the resolution, then I understand that. CHR. INABA: Any further MS. EVANS: Thank you. I yield. CHR. INABA: Okay. Thank you. Council Member Lee Loy. MS. LEE LOY: Thank you. Thank you for being here. I actually have more questions. First of all, I want to thank the testifiers. You know, Keola Childs Page 6 LAAC-22 February 7, 2024 was a former Council Member and for him to come out so many years later and acknowledge, you know, kind of the architecting of the State Land Use Boundary amendment that went with this, the change of zone application, you know, we're really having a glimpse into how long housing takes. And so, thank you. Here around this dais, affordable housing developers are housing contributors. So, thank you for being a housing contributor. I actually wanted to lean in a little bit on the AMI (Area Median Income) that you targeted and what type of information that you guys got to get to this housing product type? That's question one. And based on that AMI product type, something that is of passion to me is this AMI product type and below really is for our disabled community and our kupuna. And I have not seen any type of housing projects that actually reach in to this group for the last 50 years. And that's why, do you have any information on that housing target that you guys leaned into? MS. MAEVA: Yes. Thank you for your question. We did a market study to determine the highest needs and we also have about 16 years of experience with our Lokahi project. At that point in time, we were encouraged to develop studios, ones, and twos. The thought that people were commuting from Hilo to Kona to work in the Kona Coast and that studios would be a really desirable unit type. We do not generally build studios, but we were encouraged to build 90 of such units. We see that what happens is people want to move out of the studios and into one bedrooms as soon as it's possible. So, this unit type, the actual one bedroom, two bedrooms, and three bedrooms are informed by our experience, especially on neighbor islands, for our bigger families, there are families with caretakers, to your comment. And we want to be able to provide a different sort of skew of unit types. So, the ones, twos, and threes are really informed by that experience and our desire to serve the larger families. We are building this property, it's five percent ready for ADA (Americans with Disabilities Act), and so barrier free. It's three percent prepared for hearing and vision prepared units, and 100 percent of the property can be modified in anticipation of aging in place or in anticipation of widening hallways or roll -in showers and that type of thing. We do quite a lot of senior housing. And then whether you do senior housing or not, as you move forward, residents who might stay for an extended period of time, they become seniors. So, with regard to the income levels, we would like actually to have income levels which accommodate all the way up to 100 percent area median income. We are, however, limited by the goals of the Hawaii Housing Finance and Development Corporation. They have an allocation plan. The allocation plan targets the areas that they are most interested in, in providing housing for. So, 35 percent of the units are 30 percent of the median income in accordance with our application for rental housing revolving fund. And the other 95 percent of Page 7 LAAC-22 February 7, 2024 the units or 95 units in this case are for 60 percent of the median income. If we, for example, were to take 10 or 15 percent of those units out of the calculation and say these are for people who make sort of slightly over, so 61 percent and higher, we would not score as well. We would not be as competitive in the application round to the state. So, it's not a perfect solution. It is the solution which could be built and that's sort of where we leave ourselves with this. But that's generally how we've come together with this unit, affordability, unit mix, and the product that you see before you. MS. LEE LOY: Follow-up question on the exemptions and the applicable areas. Well, first and foremost, absolutely, firm believer of universal codes. I think if it fits our disability community, everybody fits into it and then as they age, it's the natural progression. So, absolutely. Is there any cost analysis associated with the exemptions? And I'm asking that question more from a perspective of, we're always trying to figure out where the costs are when it comes to obtainable housing. We've been challenged here on the dais that our Construction Codes have increased costs but there's infrastructure costs too, so I'm curious as to if there was a cost analysis on what the cost savings for these exemptions are. MS. MAEVA: Yes. Thank you for your question. There was. In this circumstance, we're actually building all to code and we're not asking for any reduction in code that would cause any construction cost savings. What there are, are direct cost savings as they relate to the waivers of the fees and the impact fees. But building permit fees and impact fees, I don't know it off the top of my head. We can calculate that and get back to you. But yes, it's a very important element of what you do, which is a waiver from these impact fees, access fees, building permit fees, in some cases it's, you know, parks fees, or school impact fees in some cases can really affect your ability to build the affordable housing. So, I can calculate that and let you know as well. MS. LEE LOY: Yeah, I'm just really curious. I think, you know, as a policymaking body we're always trying to look at opportunities to refine areas that actually provide nice bright lines and pathways to accelerate housing of all product types. I'll be supporting this application. I mean, it's housing. It's housing for a group that I know we have not built for, for the last 50 years, in this area. We have private ones, but we don't have market ones. So, thank you for taking on that challenge and being a housing contributor for us. I yield. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Aloha, Ms. Maeva. Great to meet you. I've heard great things about you from some mutual friends and so very excited to have the opportunity to meet you and learn more about this project. When did you file your application with the Office of Housing? Page 8 LAAC-22 February 7, 2024 MS. MAEVA: I think our original application was filed in September of 2023. MS. KIERKIEWICZ: September of last year? MS. MAEVA: Yeah, September or October. MS. KIERKIEWICZ: Okay. I'm just trying to gauge how quickly Office of Housing and the rest of the County agencies are working with developers to move these applications forward to Council. MS. MAEVA: Right. I will tell you that we are developing on four islands and the Office of Housing and Community Development was extremely collaborative, really insightful with regard to their comments, anticipating the issues that would come up here in this meeting and in subsequent meetings. They really were helpful, reviewed the application, and responsive. We ooh and aah over the amazing work that they do. And also, it's not just one person. You don't have one strong person there. You have a team of people with areas of expertise that are all collaborating together to make this happen. So, Keith, he's our Planner, worked mostly with them and he could probably add a couple of comments because we were really pleased, extremely pleased. MR. ISHIDA: We cannot describe what a pleasure it was to work with that office. Now mind you, I did 30 years at the City and County of Honolulu before joining the Ahe Group, okay. And I was a program administrator overseeing affordable housing programs and I would kill for staff like this. I mean, they're that good. So, all we can say is thank you because they were so helpful to us. CHR. INABA: Thank you. Can you please reintroduce yourself for the record. MR. ISHIDA: My name is Keith Ishida and I'm a Planner with the Ahe Group. MS. KIERKIEWICZ: Thank you. That's extremely helpful to know. You know, the 201H process was designed to expedite affordable housing. In my mind, it's a really wonderful public private partnership and I think it's an underutilized tool. And so, just hearing that there was a lot of like cross departmental collaboration, it gives me a lot of hope. And I hope that more developers are able to leverage this particular tool. Can you talk to me a little bit more about your capital financing stack. I know that you've mentioned HHFDC, but what are the other funding financing resources that you are leveraging to, you know, bring this project into fruition. MS. MAEVA: Yes. Thank you. Of course, I'm happy to answer that. So, the project will be financed with a loan. I think the loan on this, in this circumstance, is with First Hawaiian Bank. First Hawaiian Bank will provide both construction and permanent financing. In addition to that, we're applying Page 9 LAAC-22 February 7, 2024 for some rental housing revolving fund from the State of Hawaii from HHFDC. It's a part of our tax-exempt bond and tax credit application. And our application for tax exempt bonds will enable us to receive an award of low-income housing tax credits, and these four percent tax credits will be the investors in the low- income housing tax credits will become limited partners and commit equity for the development of the project. So, we'll have a commercial loan; a State loan, which is paid from cashflow; and then the low-income housing tax credit equity, and that will sort of rand out the sources. The uses are, you know, as you would expect, the construction and the financing; the legal fees; and such. It's actually pretty simple. I want to highlight one section though, and that is that the loan that we receive from First Hawaiian Bank, in this circumstance, will be supported by something that the County provided in extremely valuable Section 8 contract. So, 20 of the units will benefit from a contract that will assist the residents in paying their rent. So, they will only pay 30 percent of their available income, and the balance of that will be paid through a Section 8 contract administered by HUD (Department of Housing and Urban Development). It will be a 20-year contract and what that does, really, is when you think about the 30 percent units, the amount of rent they pay does not support the debt necessary to construct the project. But now what this does is this means that those units are not a drag on the financing but are actually contributing towards being able to finance the whole project. So, it's the Section 8 contract, which is also supporting the debt. MS. KIERKIEWICZ: I'm so glad that you highlighted that. Anne, if you're still in Kona, is this the first time you guys have, you know, supported a developer doing a 201H project by requiring some of the units to be available to Section 8? MS. BAILEY: Hi. Good morning again. This is Anne Bailey. We have found it's very positive and we actually get units back if we can add a HAP (Housing Assistance Payment) contract, a contract for rental assistance. We do that as much as possible and wherever we can. And right now, Makani is —we're very glad she has this because it's going to, like she said, push it over the edge and allow it to pay off the debt as needed. We do this wherever we can if we have vouchers available. It's a formula that's passed down from HUD. We only can payout as much as the formula allows. But in this case, Makani's project does have vouchers tied to it and we're very excited to see this come to MS. KIERKIEWICZ: I think it's wonderful. I think it's really great because you have a lot of folks that qualify for a voucher but so often there isn't a housing unit for them to be able to utilize it at. So, this is great news that there's potentially 20 more units available to folks. Page 10 LAAC-22 February 7, 2024 I want to drill down into the exemptions just a little bit. And, you know, I brought up a copy of the ordinance. It's available online if any of my colleagues want to go through LaserFiche, it's quite easy to pull up. One through five, the first exemption is related to final subdivision approval, securing that within five years. You're requesting that we remove this requirement, that you be exempt from it? MR.ISHIDA: Yes. MS. KIERKIEWICZ: Just confirming for the record. Okay. MR. ISHIDA: And the reason for that was, Council Member Evans said that was a requirement of the original zoning ordinance, I mean zoning resolution. The reason why we're exempting that is it's already been done. Our project has already been subdivided out. MS. KIERKIEWICZ: You've satisfied the requirement. Okay. Great. Thank you. Number 2, I want a little more clarification on because it talks about the construction being completed within five years, the affordable housing element. I saw an earlier communication where it talked about construction commencing within two years of this resolution passing. So, just kind of wondering, if we provide you this exemption, now I feel like I don't have a guarantee that you're going to get it done soon but I also know that there's this capital financing piece that you've got to leverage because if you don't build, you're going to lose it. That being said, what is the timeline for construction? When can we guarantee that these housing units will be online and available for folks to move into? MS. MAEVA: Great question. We have to compete for these resources. So, a part of the 201H process is making our application to HHFDC more competitive. So, we will apply in February and if we are not successful, we'll apply again the next February. We are as committed to building this as possible; you know, we want to get this done. There's no guarantee of a timeline because we don't know when the bond cap will be available. We've actually tried to convince the County of Hawaii, like the County of Kauai and City and County of Honolulu, they keep their bond cap. They don't turn it back to the state. The state is listening now and they're hearing me say this, and they don't like it. But they keep their bond cap, and they specifically use it for projects within their County so that you don't have to compete in the Statewide pool of applicants. So, to your point, there is no guarantee that we'll do it within two years, but we guarantee to try. And this is one of —readiness is a huge test. Readiness is the big test. So, you know, next year if we were applying, we would then have building permits already done and ready to pull. That is, you know, even more ready, if that's a word. And so, it's always competitive. You never know. You just try to develop a project. That's one of the reasons in the unit mix is so Page 11 LAAC-22 February 7, 2024 important, and the income mixes are so important because you want to be putting together a project which satisfies the requirements of HHFDC, and gets you the best score, and ultimately gets you an award. I want to make one statement though. The State of Hawaii is currently, has modified the allocation plan to give projects that are on State land the priority, a five -point priority. And so, as a private developer developing land that is not owned by the State it does, you know MS. KIERKIEWICZ: Puts you at a slight disadvantage. MS. MAEVA: It disadvantages us, correct. So, but we're going to keep at it. We keep at it, and we build, right. MS. KIERKIEWICZ: And you know, like I don't doubt you and you have a very strong track record of success. I just think historically a lot of promises were made to build, right. MS. MAEVA: I agree. MS. KIERKIEWICZ: Like I'm looking at this ordinance from almost a couple decades ago, right. MS. MAEVA: Yeah. MS. KIERKIEWICZ: And there's a public expectation if that we are going to be granting the County is giving a little bit, we're tinting, we're providing an exemption to Code. And if so, we're going to give a little bit, we want assurances that the project is going to get done. So, I'm curious who suggested the language about commencing construction within two years because that would give that —personally, I would like to suggest making that as the exemption and I wonder if that might actually help you in your application process because now you can say to the State, "Hey, we got to get this done, there's a clock that's ticking. We got to get this done, make it a priority." Because I want to support this project. Like I want to support this project, but we all know talk is cheap, right, like talk is cheap. So, we just want that assurance that it's going to be moving forward and I just wonder if that language might actually better help your chances in securing the financing on the State side. MS. MAEVA: Well, if the 201H is at risk of expiring and or the State hasn't acted for some reason, then I will just, you know, have to come back and ask for an extension to the 201H. We're not opposed to that language. In fact, when I am asked about affordable housing, I think the only test that there should be for a developer receiving financing, promises of financing, awards of Section 8, or Page 12 LAAC-22 February 7, 2024 whatever, the only test should be how soon can you build it. If you are truly ready to go, then we should give you the resources because the think that we all agree about is that we need more housing as fast as possible, right? So, I see your point and I know that we have been the solution. When I graduated from high school, somebody on Kauai promised to build affordable housing. And so, that was a long time ago. But I was in front of the Kauai Council, and they said, "This has been forever." I'm like, "I know." I didn't know then that somebody was promising to build affordable housing and then we showed up literally 30 years later to do this work. But yes, it can take a ridiculous amount of time and expiring exemptions are one way to motivate. It just may mean if I don't will this year, it may mean that I just have to come back, right. And we're not opposed to that because we're going to continue to work. MS. KIERKIEWICZ: I just want a little bit of a guardrail. MS. MAEVA: Yeah. MS. KIERKIEWICZ: I don't think it's realistic to assume that the entire project is going to be built within five years of passing this resolution, but I think it's realistic to assume that construction can commence. I think a sweet spot here, right, a sweet spot could be that construction commence within five years rather than two. You know, like I want you guys to be successful. I really do. MS. MAEVA: And I don't want to work on something for five years. So, I gotcha. I agree. MS. KIERKIEWICZ: I appreciate your willingness to get it done. I might have a few more questions and comments later but if you're amenable to that, my office can reach out and work with you on the language. MS. MAEVA: Sure. MS. KIERKIEWICZ: Okay. Thank you, Chair. CHR. INABA: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here this morning. Excuse my lateness, there was traffic in our area. We had a long talk about that yesterday. I heard your previous comment. I'm just going to run through a few questions that I have. DPW (Department of Public Works) letter from December 21, 2023, are requesting that only the affordable units are given the exemption from building permit fees. From what I'm seeing, that holds true in this document but just putting it on the record, yeah? Page 13 LAAC-22 February 7, 2024 MR.ISHIDA: Yes. MS. MAEVA: Yes. MR. KANEALI`I-KLEINFELDER: What is your plan for the development of the entire parcel? This is only one section. And this is leading into other questions. MS. MAEVA: Yup. The space above will be open space. There's not currently water capacity. And if there were capacity, we have a pressure issue. So, we have a limitation on infrastructure that is prohibiting us from developing the upper portion. So, those issues —rather than wait for the whole thing to be solved, we thought let's build what we can build now, and let's come back when we have capacity for the upper spaces. MR. KANEALI`I-KLEINFELDER: Okay. So, it's not that it couldn't be built out, but for the time being you're low on water basically? MS. MAEVA: That's correct. MR. KANEALI`I-KLEINFELDER: Okay. Rooftop solar, I like that portion. I did solar for about 10 years, so I understand the ins and outs. We worked on, the company I worked on previously worked on the Kaloko project, which had its interesting moments. But I do remember being there for about three hours, actually three days pulling out aluminum lines in the ground and replacing with copper lines because that was something that had come up during inspection. I like the solar component. And the question is, it looks like it's for common loads only. So, common area electrical usage, not to cover the individual units, correct? MS. MAEVA: Well, right now we plan to cover the common area load. What has happened in multiple other projects and what is actually our goal is to take unspent contingency from the construction and use that to put PV (Photovoltaic) panels on the roof to offset the load from the residents themselves. We have lots of projects that do that and reduce the energy consumption for the individual tenants. MR. KANEALI`I-KLEINFELDER: I like that a lot because it's affordable housing. It needs to be affordable for people to rent or to purchase, but cost of living aspect is the other portion of that we don't normally address, and that starts, to me, at the electrical usage. Gauging from your design plans, this is going to be electrical appliances. And so, the stove is a killer. Electric stove, that's a tremendous usage of electricity. So, I like hearing that. Would you folks be willing to put that in as part of your overall document, that you're going to provide solar to each one of your units? Page 14 LAAC-22 February 7, 2024 MS. MAEVA: We don't know if we have enough money. And so, that is why it's when we have construction cost savings. I'm a little far out from bidding my construction plans. I don't know about cost escalation. I'm happy to use some best efforts language there. I agree with you. The second biggest expense that our residents typically have is the utility and it's continually escalating. So, I'm happy to put some best efforts language because this is really fundamentally a part of what we like to do, but just at the end of the day if we can't get the financing for it or if we are limited, if interest rates continue to escalate, then my capacity to lever debt goes down. If construction costs continue to rise, we have just rebid our insurance policy, which went from, I don't know, $800,000 across my portfolio to $1.4 million for insurance. So, my insurance is through the roof. In fact, lots of insurers are moving away from the multi -family market. So, there are a lot of dynamic components, which means best efforts. MR. KANEALI`I-KLEINFELDER: I think best efforts should be a good start. MS. MAEVA: Yeah. Okay. MR. KANEALI`I-KLEINFELDER: I've been mulling on this for a while now, thinking about how we can incorporate and even acquire PV on all of our different affordable housing projects because then we're addressing cost of living too. And this is in the build phase and in the planning phase. So, can we work on some best effort language? MS. MAEVA: Absolutely. MR. KANEALI`I-KLEINFELDER: That would be tremendous. MS. MAEVA: Yeah, absolutely. MR. KANEALI`I-KLEINFELDER: Okay, thank you. And then just running through the plan I think the other big impact I'm seeing is traffic. Who did the TIAR (Traffic Impact Analysis Report) or TIA (Traffic Impact Analysis)? MS. MAEVA: It's Austin Tsutsumi and Associates, ATA. MR. KANEALI`I-KLEINFELDER: And just reviewing those numbers, I mean I don't live in Kona. I live in Puna, but I used to drive back and forth every day. Henry Street, Queen K (Ka`ahumanu) Highway, they're going to get busy. And just from gauging from the numbers and from your Exhibit 19, June 2026, completion and stabilize occupancy, which from hearing the conversation today may not be accurate. MS. MAEVA: Don't say that, we believe. Page 15 LAAC-22 February 7, 2024 MR. KANEALI`I-KLEINFELDER: I mean, I love the idea, but I heard the line of conversation today so whether you do or don't is in the air. But that'd be awesome. 2029, traffic impact seems to be as if there's no impact from this project. How many units? MS. MAEVA: There are 100 units. MR. KANEALI`I-KLEINFELDER: Hundred units and we're estimating one car per unit? MS. MAEVA: Roughly, yes. MR. KANEALI`I-KLEINFELDER: Okay. I don't find that true — MS. MAEVA: Probably one and a half or 1.25. MR. KANEALI`I-KLEINFELDER: At least one and a half because most families have two cars, both parents work. So, one parking space per unit, two? MS. MAEVA: It's actually 168 so, I think it's 1.25. MR. KANEALI`I-KLEINFELDER: Okay, okay, okay. So the traffic impact, just in reviewing it, I want to make sure that we plan accordingly if you do end up building out the upper parcel. And the impact grows, as well as just overall traffic from the area. I see you have two ins and outs, which is that right? MS. MAEVA: That's correct. MR. KANEALI`I-KLEINFELDER: Okay, I like that. One in and out would've scared me. Two ins and outs seem okay. But I am concerned about the long-term impact on this area traffic wise. Henry Street is already kind of crazy at peak hours in my opinion. Maybe I'm wrong. Kona Council Members can correct me, but that's what I think. So, can you just walk through that traffic impacts for me? MS. MAEVA: Yes. I can walk through it. I just want to assure you that I am no traffic expert and we hired Austin Tsutsumi to come up with the percentage of increase, which looked like at the three intersections between one and three percent. And they gave very specific recommendations as to how to sort of mitigate the long-term impacts including additional turn lanes and those types of things. As we go through the whole process, we will a) incorporate all the recommendations from the traffic experts. But then again, any of the requirements from the County of Hawaii with regards to traffic improvements, as well. Keith, do you want to talk about traffic? Page 16 LAAC-22 February 7, 2024 MR. ISHIDA: No. MS. MAEVA: No. MR. ISHIDA: The projection is between one and three percent increase. MR. KANEALI`I-KLEINFELDER: I think it was 1.7, if I remember just from memory, yeah. MR. ISHIDA: Basically, what we do in the developing community is we work with the county government, and usually their traffic engineers will take our study and supplement it with whatever accounts they might have of their own and we'll come up with solutions to those traffic studies and required mitigation requirements, and we'll just roll that into our plan. We have a pretty good civil engineering team on board already to help us with those. So, it'll continue the collaboration between our group and the County as it relates to traffic as well now. MR. KANEALI`I-KLEINFELDER: We're dealing with a lot of traffic issues. Please be akamai about how we tie into these existing roadways. 1.7 percent per year seems like, I mean, I can understand the estimation but I, you know, I think we're growing a lot faster than that and we're projecting into 2044, and very minimal increase in traffic impact, so. You know, I'm not going to say no. I'm just saying be very akamai about how we tie into and address all these different traffic concerns. MS. MAEVA: Absolutely. MR. KANEALI`I-KLEINFELDER: And I don't know that I agree with the TIAR in this project. Thank you. CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Aloha. Thank you for being here today. While this particular project resides in District 8, which is represented by my colleague, Mr. Inaba, it is right across the highway from District 7 and right in the heart of Kona. I want to thank you for your creation of a template of excellence for affordable and workforce housing. And your reputation precedes you of integrity and creating a quality product that incorporates all of the vastly changing requirements of all the different components in the industry and finding that sweet spot. I am particularly grateful for your recognition and determination to incorporate lead certification. I think investments in the front end save money in the long end with quality components and creating a very quality product that's made to endure the 61 years. Page 17 LAAC-22 February 7, 2024 Also, 61 years being something we don't normally see as a timeframe in an affordable housing project. I think that that truly reflects the intention of it remaining affordable instead of just kind of fulfilling the 20 years and then moving on to the multimillion -dollar price tags. I really appreciate my colleague, Kaneali`i-Kleinfelder's, questions about traffic because we are in traffic hell in Kona. But something that I've stated a number of times here on the dais is that for me the only exception to adding more burden to our inadequate infrastructure in Kona is the building of authentic workforce and affordable housing during this housing crisis, and this project fulfills those needs. And so therefore, for me, I see there's going to be some give and take there. Hopefully we're going to be getting some infrastructure improvements as it relates to the widening of the highway from Henry Street going south. But the need for affordable housing and workforce housing within this geographic location is vast. I also have hopes that, you know, with the utilization of complete streets, that people will be walking more. And mass transit and the hubs ideally coming online but with the continued improvements of mass transit, that this would be a population of people in this community who could vastly benefit from that. I appreciate all the testifiers that came today and spoke in support of this and moving us in these directions is pivotal. My own children struggle to find a place to live. I'm so grateful they're both college graduates and have moved home but finding a place to live is incredibly challenging, and I see that with a lot of people in that generation. But very grateful they're coming back regardless. I wondered; my last question is a wastewater. What are the plans as it relates to connecting to this Kealakehe Wastewater facility? MS. MAEVA: Yeah. We have received connection approval for the project. So, our plan is to connect to the County wastewater system. MS. VILLEGAS: Okay. Thank you. And lastly, maybe it's the elephant in the room, maybe it's not. I don't know how many people have read the newspaper today, but currently the Land Use Commission is meeting as relates to another project, which name they want to go by today, I'm not sure Kona Three, the Vistas, whatnot. But, you know, in your public presentation in the fall I specifically asked a question about whether or not this project would be providing the affordable housing credits for the Vistas project, who has not fulfilled their affordable housing requirements for the first three phases and is now still coming for a time extension on the fourth phase. And I will just ask again and give you the opportunity to state here in public, even though you're quoted in today's paper. Thank you for that wise and eloquent statements, but Page 18 LAAC-22 February 7, 2024 just to eliminate any confusion for the public because I know you experience some of that when talking to people that had already been confused by false statements and claims by another developer about how this project relates to their affordable housing requirements. MS. MAEVA: Yes. So, just for the avoidance of doubt, the Kuakini Heights project is not related in any way, shape, or form to any other ongoing projects here in Hawaii Island. And we are not providing any affordable housing credits for the satisfaction of any other projects and their obligations related to affordable housing. There is no relationship whatsoever. There's no agreement. There's no ownership overlap. No relationship. MS. VILLEGAS: Thank you, Makani. I really appreciate you clarifying that. And woman to woman, I just am deeply impressed with your determination and tenacity to have entered this market and this world of building affordable housing just to finish up, Chair; at a time when it was not sexy, and you have continued to endure for decades in this and have continued to improve the quality of the product you provide and serving the communities you serve. And I am hopeful that this template you're creating can be reproduced by yourself and other developers and can continue to lead us on a path to providing the much needed workforce and affordable housing in our communities. I yield. MS. MAEVA: Thank you. CHR. INABA: Thank you. Council Chair Kimball. MS. KIMBALL: Thank you, Chair Inaba. Hi, I had just a couple of questions, a couple comments. So, I just want to be clear following a lot of questioning from Council Member Kierkiewicz. The sale of the market rate lots above this are not subsidizing the affordable development in any way, it's all coming from other resources? MS. MAEVA: That's correct. Yes. MS. KIMBALL: Okay. I also tapped into that same exemption too, to Ordinance 06-152, eliminating any kind of time condition. I still think it is important for us to have a time condition even if it just means you have to come back and just share with us an update. I feel like that's important. From the same standpoint, like if things aren't moving well maybe that's how we get involved and help in another way. So, I would like this to still contain some sort of timing element. And if I'm reading the original ordinance correctly, I think this is the only one that would provide it. So, I'm not sure legislatively how we address that, but it sounds like you're amenable toI'd be fine with the five-year time condition as well. That would just mean you would come back to us at some point. Page 19 LAAC-22 February 7, 2024 MS. MAEVA: Hopefully, I don't need to. I just built it and we'd come together for a groundbreaking. But yes MS. KIMBALL: That would ideal MS. MAEVA: Or a blessing, people already moved in and a blessing better than a groundbreaking. But yes, we're agreeable to whatever time limits that you've suggested. MS. KIMBALL: Okay. And then I wanted to draw your attention to a piece of legislation that Council Member Holeka and I worked on which is an eligibility preference section to our affordability housing code. I'm not sure if you're familiar with it, it's Section 11-13. But for County funded projects, it allows us to have a preference on our waiting list for either people that are residents or work within a certain radius, or they are returning students. Now we can't impose that on you as a private developer, but I wonder if you'd be willing to consider adding a whereas clause in here that you would adopt the housing preference, the model from Chapter 11? MS. MAEVA: Unfortunately, I have not reviewed that section of your housing preference code. I will say that we are accustomed to this type of requirement. We have to operate very carefully within the fair housing rules. We have, as I think we've talked about earlier, a large amount of low-income housing tax credit equity that's administered through the Treasury and the IRS (Internal Revenue Service). So, if in fact, we're in violation, then the entire amount of the tax credit is potentially invalidated, and I personally sign on that and also repay it. MS. KIMBALL: So, understood. And I can assure you that this bit of language was heavily vetted so that we're in alignment with the fair housing act and also has a catch all provision that says any grants that prohibit it, the requirement would be waived. So, you know, for next time, if you wouldn't mind looking at Section 11-13 and consider if you'd be willing to include that in the legislation before us today. MS. MAEVA: Yeah. I am willing and we've done it in Kahuku on Oahu for former plantation workers. We've done this same type of preference on Kauai in the Princeville area for former employees of Princeville. And then it circulated out towards TMK's or voting districts in that circumstance, that were Kilauea and Hanalei, specifically, then on to Kauai and Hawaii in general. So, we're used to this type of thing. So, absolutely open to it and provided it doesn't violate any other important financing, we agree. MS. KIMBALL: Understood. You are subject to the constitution. The last comment I wanted to make just to share with you, with respect to Council Page 20 LAAC-22 February 7, 2024 Member Kaneali`i-Kleinfelder's comments about solar. I encourage you to reach out to the Hawaii State Energy Office. They are going to be the ones —we had this conversation yesterday around another resolution. They're going to be the ones administering the implementation of the carbon pollution reduction grant coming from the feds. And I wanted to draw your attention to that because that particular program has —it's almost $5 billion and the type of project that you're developing, in my mind, lines up perfectly with what their objectives are. There's a huge equity piece in the implementation of those funds to provide solar access to lower modern income families and projects like yours. So, I encourage you to reach out to that office as a source of funding for that particular portion of the project. I think it's very much in alignment with what I understand the goals for those fundings. MS. MAEVA: That's great. Thank you. MS. KIMBALL: Okay. Yeah. Thank you. I yield, Chair. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Thank you. Thank you so much for working on this, both of you. It's so important. Actually, I got to see you speak at the housing conference on Oahu about a project where you had a lot of people come out against your affordable housing, and I'm so glad that we had testifiers today saying "Yes, in my backyard." So, thank you so much for persisting. I don't really have a lot to say except for, yeah, I am a little just interested to see, are we saying yes to anything to the larger project in this, and it sounds like, you know, the answer is mostly no. We're mostly talking specifically about your part of the project. So, I'm very supportive of that. And, yeah, would just be interested to hear if there's anything that relates to the market rate part of the larger parcel because I feel like we're not really learning much about that. So, I wouldn't want to be, you know, granting exemptions for that part without knowing more about that piece. But for your particular project, 100 percent supportive. So, thank you both for all your work and for being here. Thanks. CHR. INABA: Council Member Evans. MS. EVANS: Thank you. Changing to a different topic and that is, you had a public meeting, and it was on September 18'', and I was just curious, was it really well attended, and was it from people that were like —who would've been in attendance? MS. MAEVA: I believe there were upwards of 50 people, 58 people or so who attended. It was a packed room with lots of conversation. I think there were general questions. There was frankly some opposition from our neighbors at the Page 21 LAAC-22 February 7, 2024 Malulani Gardens Development. That was sort of the largest group. There was quite a lot of support as well, from people in the larger community. But I think it's not unusual that the impacts of affordable housing are really felt right there in that neighborhood. But the benefits of affordable housing really benefit such a bigger broader neighborhood, so it wasn't unusual. Some of it, though, was just to question. I think that we could have done a better job in identifying where our parcel was relative to Malulani, and as you can see, it doesn't go the entire length of Malulani. And then this aerial map does show a better idea of the sort of buffer between the properties. And it will be our affordable housing, then single-family homes, then the buffer, then their property. So, I think this would've helped us to alleviate some of those questions. It was a printing error, frankly. But we'll do a better job of double checking the boards in the future. We did take everybody's email address and we've communicated with them since providing them the aerial photo. And potentially, that is the reason they weren't here to testify in opposition today and we really heard more from supporters. I won't say that they're super happy. Everybody would like if it were just, you know, an open field forever. But I think, you know, they are at least not as vocally opposed, maybe, hopefully, due to the additional information. MS. EVANS: Okay. And how did you get the word out —I'm curious because I have an affordable housing project going on up in my district, and I'm just wanting to know how did you reach out to the surrounding community? Did you actually have someone, I don't want to say go door to door, but how did you actually get the word out to the neighbors? MR. ISHIDA: You know, we had a lot of assistance from Council Member Inaba's office. If it wasn't for him, we wouldn't have had the response to our meeting. You know, we are eternally grateful for that, for the work his office did. You know, the fact of the matter is, Makani and I are from Oahu, yeah, so we don't have a good grounding here. But his office was so helpful, and the proof of that assistance was in the attendance. MS. EVANS: That's good to know. You didn't put in the newspaper did you, the West Hawaii Today? MR. ISHIDA: No. MS. EVANS: Because I know I surveyed my community and there's not a lot of readership these days. MR. ISHIDA: Okay. MS. EVANS: It's changed quite a bit, yeah. Page 22 LAAC-22 February 7, 2024 MR. ISHIDA: You know, we don't have like a real big social media presence either so Council Member Inaba has a really nice social media presence here. So, it was very helpful to us. MS. EVANS: Okay. That's good to know. MS. MAEVA: And in this circumstance, there were also no doors to knock on really, right. I think we did send out to the President of the Malulani Association and some people that we generally work with. But it's surrounded by open field and therein lies some of the issue to talking to neighbors. MS. EVANS: Yeah, well I talked to Susan Kunz, and it is a requirement that you do community engagement. MS. MAEVA: Yup. MS. EVANS: So, yeah, I was just curious how successful it was. Yeah, thank you. I yield. CHR. INABA: Thank you. We'll try and wrap this up. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Director Kern, I have a question for you. I will try to keep it brief. MR. KERN: How are you? MR. KANEALI`I-KLEINFELDER: How are you doing? MR. KERN: Good. Thanks. MR. KANEALI`I-KLEINFELDER: Good. I'm looking at the TIAR. Just revisiting this. On the last page it says that they are exempt from concurrency requirements as an affordable housing project. And don't quote me exactly on that, don't quote me at all on that. But I'm reading that TIAR and the last page of the document —I'm trying to find it again. And really my question for you is, the TIAR concurrency requirements roadway improvements, when it comes to affordable housing projects, how does that work? MR. KERN: When it comes to an affordable housing project, you're going to get an exemption that's going to be named or stated within the resolution or within the ordinance. Within Chapter 25, there's nothing specific within there that says if it's an affordable housing project. So, it would have to be by way of the ordinance or resolution. Page 23 LAAC-22 February 7, 2024 MR. KANEALI`I-KLEINFELDER: Okay. I want to revisit that. Okay, let's read the last sentence. Conclusions in the Kuakini Heights and Lanipu`u Traffic Impact Analysis Report. "The proposed Kuakini Heights exceeds the affordable housing credits for the proposed Lanipu`u subdivision, as defined in Hawaii County Code Chapter 11 Section 11-4.b.2. As such, area traffic mitigation is not required in accordance with the Hawaii County Code Chapter 25, Section 25-2-46 "Concurrency Requirements."" This is page 36 of the TIAR. MR. KERN: I don't have the TIAR right now. MR. KANEALI`I-KLEINFELDER: I'm just looking for a little background of the concurrency requirements, and I'm interested, not so much the project, but just in general. MR. KERN: Yeah, I apologize. I don't have the TIAR here. I have the ordinance and the resolution. MR. KANEALI`I-KLEINFELDER: We have until the next Council meeting. So, if you want to follow up offline. MR. KERN: Yeah. Why don't I look at that offline and I can get back to you with a better answer. MR. KANEALI`I-KLEINFELDER: Appreciate it. MR. KERN: Yeah. No problem. MR. KANEALI`I-KLEINFELDER: Thank you. MS. MAEVA: I wrote it down because I have it written here the same because I didn't know what it meant, with a question mark. So, yeah, I was going to look it up. MR. KANEALI`I-KLEINFELDER: Yeah, I looked up concurrency requirements. It's in the Code but yeah, I have questions about that. MR. KERN: Sure. MR. KANEALI`I-KLEINFELDER: Could we follow up after? MR. KERN: Sure. I can look up on that. No problem. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Chair. I yield. Page 24 LAAC-22 February 7, 2024 CHR. INABA: Thank you. Alright. Just a few last questions then. Ms. Maeva, when you folks did the public hearing, if I recall correctly, the exemptions that you shared you were anticipating to request was just the setback. Was that right? MS. MAEVA: Yes. CHR. INABA: Okay. And since that time, you folks have added additional exemption requests including the grading, building, the grading permit and building permit fees, as well as the high loading zone, right? MS. MAEVA: Yes. From a building perspective, it was the setback and the loading zone. And then the other three are financial waivers from fees. CHR. INABA: Okay. Got it. Just as a matter of process, Corporation Counsel, if you could come forward, please? When an applicant comes and hosts their community meeting, just wanting to make sure that there is no provision that requires all exemptions before us today to be shared at that time? And if we need to answer at the next hearing, that's fine. But I just want to make sure as an educational matter for the future that if it has to be stated at the public meeting, then we'll be sure to do that. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Good morning. Elizabeth Strance. Corporation Counsel. So, you're talking about public meetings after this resolution might be passed, what would need to be included or in CHR. INABA: There was a public meeting that occurred, that was hosted by Ahe Group where the community got to come and just get an overview of the project. And then information was shared regarding the exemption that they anticipated that they would be coming for in the application. There are additional exemptions being requested here that were not shared there. So, I just want to make sure, process wise, we're okay. I'm in full support of this project but as a matter of making sure we're adhering to the process of 201H properly, I just would like MS. STRANCE: I would have to do a deeper dive into HRS (Hawai`i Revised Statutes) Chapter 201H, as well as the standard community planning process as to the level of detail required to be disclosed at meetings, whether the requirements are going to be more conceptual and what, you know, how far down you have to drill in a public meeting. So, we'll have to get back to you on that. Page 25 LAAC-22 February 7, 2024 CHR. INABA: Thank you. For the water availability, 43 units is adequate to service the 100 affordable housing units? MS. MAEVA: Yes. Correct. CHR. INABA: Okay. Thank you. And then, let's see, are there any market rate units being developed on the TMK 007? MS. MAEVA: No. CHR. INABA: Thank you. And I guess the only concerns I have Corporation Counsel, again, if we could get I don't need an answer on the record right now, but I just want to make sure that numbers four and five, exemptions listed from Ordinance 06-152, I don't know if they're worded correctly because it's an exemption to amend a requirement in an ordinance. I think that the statute just allows for exemptions from ordinances. By action of passing this resolution, I'm not sure that it would amend an ordinance, or it has the power to do that. So, if we need to just circle back to this and remove the addition of, but we can just continue to list the exemption from, then maybe we can do that. And I don't think it has any effect on what the intention is here. I just want to make sure we don't think we're amending an ordinance by a resolution. MS. STRANCE: Thanks. I have that as one of my —on my "to do" list as to this resolution and we will take a look at that to make sure that the actions taken on the resolution comply with the law under 201H-38. CHR. INABA: And then lastly, if we can just review the title of the resolution to ensure that it's also in line in covering everything contained within the resolution because I know there's exemptions from the Code but there's also exemptions from an ordinance and I don't know if those are one in the same in this situation. But just things that we can talk offline about and get ironed out prior to the next hearing. So, with that, there is a motion on the floor to forward Resolution 427-24, to Council with a favorable recommendation. All those in favor, please say "aye." Page 26 LAAC-22 February 7, 2024 Vote on Res. 427-24: The motion to recommend adoption of Res. 427-24 was (Approved) carried by the following voice vote: Ayes: Committee Members Evans, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba — T Noes: None. Absent: Committee Members Galimba and Kdneall'i-Klelnfelder — 2. Excused: None. ADJOURN- There being no further business, at 10:31 a.m., Ms. Kimball moved to adjourn MENT: the meeting. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Committee Members Evans, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba — 7, Noes: None. Absent: Committee Members Galimba and Kdneali'i-Kleinfelder — 2. Excused: None. CHR. INABA: Our meeting is adjourned at 10:31 a.m. Mahalo. Approved: _ _ Q0 Mr. Holeka Goro Inaba, Chair (Date Legislative Approvals and Acquisitions Committee Hl/'tk Page 27