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HomeMy WebLinkAboutMIN LAAC 2025/04/15 (2024-2026) DRAFT Committee on Legislative Approvals and Acquisitions 7th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii April 15, 2025 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 3:16 p.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Dennis "Fresh" Onishi, Vice Chain(came in'later) Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member (came in later) Mr. Holeka Goro Inaba,Member Ms. Jenn Kagiwada, Member Mr. Kaneali`i-Kleinfelder, Member(came in later) Ms. Ashley L. Kierkiewicz, Member(came in later) Ms. Rebecca Villegas, 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: Alex Kelepono:— , Res. 120-25 (Comm. 204), in support. (representing Moku O Keawe (see Comm. 204.8) Land Conservancy) Gail Byrne Baber: Res. 120-25 (Comm. 204), in support. Anny Bruch: Res. 120-25 (Comm. 204), in support. (representing Hawaii Farmers Union) Hunter Heaivilin: Res. 120-25 (Comm. 204), in support. Keone Kalawe: Bill 40 (Comm. 207), in support. (representing Ho`oulu Lahui) Heather Irwin: Bill 40 (Comm. 207), in support. LAAC-7 April 15,2025 Megan Lamson: Res. 120-25 (Comm. 204), in support. (representing Hawaii Wildlife (see Comm. 204.3) Fund) Clifford Victorine: Res. 120-25 (Comm. 204), in support. Melanie Seyler: Res. 120-25 (Comm. 204), in support. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 120-25: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF ANY PROPERTY IDENTIFIED IN THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION'S 2024 PRIORITIZED LIST, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND Provides authorization for the Director of Finance and Administration to initiate the acquisition of any or all of the ten properties identified in the 2024 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 204 Intr. by: Council Member Inaba Motion to Approve: ° Mr. Inaba moved to recommend adoption of Res. 120-25. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Inaba. MR. INABA: Thank you, Chair Kimball. This resolution is something that I think I thought of after last year's rounds of PONC (Public Access, Open Space, and Natural Resources Preservation) acquisition resolutions. First of all, we all I know have taken pride in being able to introduce the resolutions from each of our districts, so I did take that into account. And in meeting with Finance and Corporation Counsel, felt that this was the appropriate vehicle to streamline especially some of the efforts of the applicants that come before us when there is time sensitive matters and also to point out that in previous resolutions I think there, for those who are not super familiar with the PONC process, there's this perception that by passing a resolution we are essentially guaranteeing the purchase of a parcel and the Council spends a lot of time and energy which equates to County taxpayer dollars going through individual resolutions. So the intent moving forward is to streamline what technically is a finale to grant the powers to the Finance Director to go and negotiate these acquisitions. So I want Page 2 LAAC-7 April 15,2025 to call on Finance Department. We have Deputy Director Malia Kekai in Hilo and our PONC Technician, Ms. Eva Braman, if you folks would like to provide comment on this resolution? (Note: At this time, Deputy Finance Director Malia Kekai came forward to address the members of the Committee.) MS. KEKAL Hello, good afternoon. Malia Kekai, Deputy Finance Director. Nope. We're just here to support and answer any process questions. But other than that, no comment at this time. MR. INABA: Thank you, Deputy Director. Again, this was vetted with Corporation Counsel. I do want to pointout that Council Member Kimball did bring a resolution for the property listed as Number 2 on the prioritized list. Rather than getting technical and trying to exclude that and in consultation with Corporation Counsel, it is relisted hereto include simply all properties in the prioritized list. So I ask for folks support. Thank you. CHR. KIMBALL: Thank you, Council Member. Any comments from the body? Council Member Kagiada. MS. KAGIWADA: Thank you Chair. Is DCC (Deputy Corporation Counsel) Jean Campbell over in Hiles by chance? MS. KEKAI: She is not. MS'KAGIWAI?A: Okay. I don't know if we could have Corporation Counsel come up? I know that DCC Campbell is the person who supports the PONC process, and I did have a conversation with her. Just trying to—if you could, please, Corporation Counsel? My understanding from Jean is that this resolution basically takes some of the decision making away from the Council and gives it to this administration,and'I just wanted to hear from Corporation Counsel if I could get any more input can that. Is that how you read that as well? (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Committee.) MS: SCHOEN: Hi. Good afternoon. Renee Schoen, Corporation Counsel. Unfortunately, I haven't spoken with Deputy Corporation Counsel Campbell, but I did speak with Council Chair Inaba, and this does really track the code provision 2-218, and so the Commission itself already provides a prioritized list to the Mayor's Office. And then that section says a Council shall by resolution select the land or lands to be preserved. Okay. So this would be the process. Page 3 LAAC-7 April 15,2025 MS. KAGIWADA: Right. So we would be just doing a blanket approving the list. That's how we select the lands as opposed to hearing about them in a deeper way. MS. SCHOEN: I suppose you could look at it that way. I mean, I think the commission itself goes through that whole process and the public can comment to the commission and provide its input and that's how the commission itself comes up with that prioritized list. MS. KAGIWADA: Okay. Thanks. Appreciate that. So I guess I'm just of the mind that, you know, streamlining can be really good,and help up but it isn't always best, as we've seen with this federal administration and DOGE (Department of Government Efficiency), and other things,,you know,just doing things to be more efficient isn't always what's best for the community and I feel like it's really important that our public gets to hear about these inn detailed way and that we as Council Members, I mean, I find the presentations very fascinating and really helpful for learning a little more in dept about what a property is about but also what the stewards really want to see, their vision for that property and everything. So I guess I'm just a little bit concerned that we're all about efficiency and rushing things through when I think the individual look at the different properties is really valuable. And I just want to point out something in'the wording here. It says, where there are multiple lands under consideration any one time, priority should be given to coastal`lands and lands with matching funds. I would hope that we could maybe get away from that. Almost all of our PONC properties are currently coastal lands. But as we've heard from somebody that's been nominated to PONC, talking',about how important those watershed and those mauka lands are as well as an earlier testifier talking about our important ag lands and supporting those. If e prioritize coastal lands above all these other things, I think we're really missing an opportunity to take a bigger look. And lastly, I'll just say one thing that I think had been asked at one point, maybe I even asked it, was a way to look at all the PONC properties on a map so we could see where these PONC properties are and get a sense of kind of where the concentration is and what's going on, on our island as a whole and I'm wondering if that's also something we could potentially get. So I believe that each one of these properties is valuable and deserves to have a public hearing at the Council and that we can give our time for that. I don't think it's too much to ask. Once we approve an entire list we no longer get to have any say on how things go forward and then I guess it's up to the administration to decide what they want to prioritize. So, I don't think we should give that away. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kierkiewicz. Page 4 LAAC-7 April 15,2025 MS. KIERKIEWICZ: Thank you. I'm going to be in support of this resolution. I think Council Member Inaba recognized an opportunity to act with urgency having, you know, received the report from the commission earlier this year, the 2024 report. You know, at that time, if there were any concerns about what was being suggested it could've been taken up at that time. By passing this resolution it does not guarantee that all of these properties are going to be acquired by the County overnight. This simply authorizes our Finance Director to begin negotiations. So we could end up acquiring one or all ten;,it may take a month; it may take ten years. We don't know. It really depends on the willingness of these parties to negotiate with the County, and I can be infull support of, you know, our Finance Director and Property Management,beginning conversations with these various applicants. To the point that Council Member Kagiwada made about wanting to see some kind of map or a list, I would love for there to be some kind of arc GIS (Geographical Information System),map, and I've brought it up over the last seven years. But, you know, workforce development constrains here at the County. Maybe I'll take up arc GIS. Bufmapping all of the properties that we have within the PONC program, and then another layer to understand all of the different properties that'have been suggested over,the years of this program being in existence so we can see where the community has said we want to prioritize these parcels in perpetuity because it could also present an opportunity for folks that are interested in becoming stewards to engage their Council Member to engage the County and start reacting conversations about utilizing this fund. There's tens cif millions of dollars currently in the PONC fund, and I think that we can be working faster to acquire properties but we're going to need folks working in this office to help make that happen. Long story short, Council Member Inaba, in full support of what you're doing here, which will have impact island wide. Thank you. I yield. CHR.,KIMBALL; Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I got an interesting email, maybe some of you did as well. Just taking that email apart, questions for whomever. Who's here to discuss PONC or the resolution? CHR. KIMBALL: We have representatives from Finance over there in Hilo and then Corporation Counsel. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Malia. Okay. So who put this list together. MS. KEKAL The list is produced by the PONC Commission. Page 5 LAAC-7 April 15,2025 MR. KANEALI`I-KLEINFELDER: Okay. And this is from the email so I'm just dissecting the email asking the questions because, you know, it's good to do so. Was the information that was presented to the commission examined before bringing the findings to the Council. MS. KEKAL Yes. The Commission vets every property. They usually do site visits, the create permitted interaction groups (PIG); they make sure that the properties meet certain criteria and then they are scored and ranked. MR. KANEALI`I-KLEINFELDER: And then we,double check the applications and make sure everything checks out before,we present the resolution to the Council? MS. KEKAL Then the property list`ispassed to the Mayor. The Mayor reviews and then it is forwarded to Council...Yes. MR. KANEALI`I-KLEINFELDER: Okay. And the ranking that-is provided in the resolution matched the ranking that was provided by PONC? MS. KEKAL That's correct. MR. KANEALI`I-KLEINFELDER: Okay. Well,that it helpful. Thank you. MS. KEKAL No problem. MR: KANEALI`I-KLEINFELDER: Just to the body, I don't know if anyone else got the email, but I got an interesting uemail from a member of District 1, and just talking';about the way we process, the way we move forward. I think more of these issues and mine spoke to getting it done faster so I like that we have more of streamline approach. And as long as everything was vetted, it was properly and the list matches what was proposed, then I'm in full support of the document that's in,front of us today. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Hustace, did you still want to speak? MR. HUSTACE: Thank you, Chair. Appreciate that. I just want to recognize thatwork done by the volunteers and the community members and the stewards of these spaces. First of all, I think someone's getting lost in a little bit of this because I do know and watched from the other side watching these Council meetings and the demonstration and commitment shown by community members for these spaces is outstanding. And I want to thank Council Member Inaba for bringing this forward, and at the same time just really recognize the work that's been put forward on these spaces. Page 6 LAAC-7 April 15,2025 Here in District 9, there are three projects that are on this list and I'm very proud to see these on the list and recognizing these spaces culturally, historically. And then of course very interesting one about the agricultural easements. So that's fantastic to help preserve some of those agricultural spaces. And I had good conversations with all of the members and all of the groups that came before me to present and bring a resolution forward. So it kind of caught me off guard a little bit. We had a couple in the hopper to bring resolutions forward. But love to see those projects move forward and be supported for the community in perpetuity. So mahalo to all the stewards and the volunteers that preserve these spaces and care for these very historic and culturally, you know, wahi pana and really significant places in our communities,,and look forward to working with you. But you know, as Council Member Kierkiewicz mentioned,you know, this isn't the end of the road. There's a lot of work to do. And one of the projects in District 9, there's a lot of work to der with one of the landowners and come to the table with them and finding a common'space. So there's definitely work to do to engage with your Council Members on some of these projects as well as administration to help kind of find that lightat the end of the tunnel. So thank you so much. I yield, Chair. Thank you. CHR. KIMBALL: Thank you, Council Member Hustace. To you, Council Member Villegas. MS. VILLEGAS: Yes. Thank you so much. Yeah, I remember when PONC first got passed and all the diligent work done by community to really push this through. There had been a number of administrations who have bounced around the idea of changing it and I'm really glad that has not happened. We've had a number of pricelessproperties be saved in perpetuity and transitioned to the public good in perpetuity. At first,this kind of struck me like why would we do this? But after having broughtforth, I think,six resolutions in my time here for PONC purchases and having had personal experience with even when you pass the resolution, things don't go through with the administration and for whatever reason it's not on the radar doable at that time. I know we're undergoing some changes within this department and I'm still hoping for some answers and updates on some properties. But as I look to procedure and process, we receive a report that has been fully vetted by the administration, the Mayor's Office, and the PONC Commission, and that whole report is brought to us, and in it is full descriptions, maps, site locations, historical, cultural, flora, fauna, all the different things are listed within this report. And so I think that covers it and anything that gets brought to us or when we bring a resolution forward specifically and individually, it would be kind of just a going over of that same information. It's not to say that somebody could put forth a communication and have an organization come and Page 7 LAAC-7 April 15,2025 bring more information for community to listen to. But I think that the benefits far outweigh the risks on this and so I'll be supporting this resolution today. I also just feel that passing a blanket resolution that gives the administration the green light to move forward with purchases does not stop us from going to meet with the administration and follow up and find out where things are at and follow up potentially with property owners. So while it may not happen on an individual basis here in Council, it doesn't stop us from continuing to participate in the process, but it does eliminate those extra hours. I mean,just coming through Committee and two Council hearings is six weeks right there, not to mention the deadlines you have to get in order to get it ort,the Committee agenda. So there is an element of time that I think could really help us in the future. So my two cents for today. And I'll be supporting. I yield: CHR. KIMBALL: Council Member Galimba MS. GALIMBA: Thanks. Yeah, hearing all�of the,good arguments around for or against and definitely can see the benefits of sort of efficiency and getting it all done at one time rather than individually. But I also think there is a filtering process that happens with the individual introduction of these though it is the Council Members getting an opportunity to filter,the list, to look at the list to have the community come forward and have a discussion and also if there's, you know, there might be different points of view than the PONC Commission expresses. So I think,that overall I would prefer to have the individual resolutions so I'm not supporting this, And thanks. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else before we come back to Council Member Kaneali`i-Kleinfelder? Okay. Council Member Kaneali`i-Kleinfelder. 1VMR.KANEALI`I-KLEINFELDER: Thank you. Okay. I'm going to speak directly to one of the items on here that was brought forward by some of the members of the PONC Commission themselves. There is great concern regarding the Kaloko Residential Park, and that was from the members of the commission. So speaking to that, if the Finance Department could speak a little more in depth on the Kaloko Residential Park, which is prioritized as Number 10, and to what the Commission's findings were and even regarding some of their concerns. Maybe it's just one or two of them; maybe it's not. But either way I feel it does merit discussion. MS. KEKAL Hi. Malia Kekai, Deputy Finance Director. I don't want to really speak for the Commission, so I will just kind of recap what is on the scoring, right. So this was scored at a 51 percent, and I think it's what's notated in the report is that it was a low score because basically the property is pretty bare and Page 8 LAAC-7 April 15,2025 it's mostly lava field but there are native plants there that could be, you know, basically cultivated and also protected. MR. KANEALI`I-KLEINFELDER: Okay. That's what I got from reading the report as well. So it's 150 acres, and I don't know how far to get into this or not, just in reviewing it, it's 150 acres is what I've gotten in two different places. Is that right? MS. KEKAL That's correct. MR. KANEALI`I-KLEINFELDER: Okay. ,S6150 acres and it's south of Hina Lani Road near Costco? MS. KEKAL Yeah. Basically a little bit above our housing at'Ulu Wini, a little bit above that. MR. KANEALI`I-KLEINFELDER: Okay. And I'm just thinking out loud, okay. Common sense; man brain, why we're`trying to protect the land in that area and for what, and why at 51„percent? It just barely,made the cut. So are we serious about that acquisition? That's a big acquisition: 150 acres of land;potentially, about$11 million. MS. KEKAL We would have to do an appraisal if this land was chosen by the administration to be purchased; which I do not think that it is on the list at this point: MR. KANEALI`I-KLEINFELDER, Okay. So I'm just going to put it out there for the administration then, from the emails that I'm getting, you know, I don't represent Kona, I'm justpassing on information as I see fit. From what I'm getting, there's concern from the PONC Commission itself about taking this on, well atleast frotnt some of the members of the PONC Commission. That's a better statement. And then also in my common sense, beach front, you've got to protect natural resources, okay, that makes sense. I mean, the preservation of open space for future generations. Protecting the land around Costco. Well, maybe I'm not understanding it in full, but I wish I knew more. I'm just going from what's in front of me right now. But if the intent is for the administration to look at this as a potential purchase and there's concern from the community, I'm justputting it out there. And if it's a really beautiful piece of property that deserves to be upheld for future generations then albeit. But I just want to put that out on the record and have that said and done. It's my feel that I did good for my district and for the people that I represent. Thank you. Thank you, Ms. Kekai, for listening. And I hope that was heard by the administration. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Kagiwada. Page 9 LAAC-7 April 15,2025 MS. KAGIWADA: Thank you, Chair. I can see that most folks are in support of this so I just want to ask the maker, is there anything in here that directs the administration to follow the prioritized list or could they basically start at Number 10 or wherever they wanted on investigating and moving forward with properties? I know it mentions the list but when I read it I don't see the list being stating it will be utilized in this priority order. MR. INABA: I'll defer to Finance in Hilo. MS. KEKAL Hi. Currently, the process is obviously to work from the top of the list. And then also, it doesn't necessarily mean thatevery property on this list is available for purchase either or has a willing seller. So I think we kind of work through that process. We look at every property that we have on the list, even from the last 20 years and we kind of have to weigh all of those properties against each other and see which organizations are really motivated to kind,of work with us, whether they have matching funds. These are all things that kind of get taken into consideration when the administration prioritizes properties for acquisition and or for easements. MS. KAGIWADA: Okay., So I'm just wondering, would you object to putting language in this resolution that said that although you're not held to attaining the properties in order they are in the prioritized list, that you will at least consider them from the top down and obviously taking into consideration the other properties that have been priorities for PONC'in past years that have not been, the circumstances array have changed and maybe they're more ready for action on because it we're going to give up our full responsibility and ability to weigh in on these individual properties, I would think that we would at least want to, you know,'put that faith in the PONC Commission that did all this work already and give some attention to the factthat they've done this work and not just say, you know, from the County Council point of view that, you know, any order is fine. That would just be a question. Would that be a problem or would you see initiating that? MS. KEKAL I can't speak for the administration, but I personally, I guess my own opinion would be I think that that's the way it's already looked at is from top down. But would say maybe if the Commission really has a problem with say Number 10, that you just remove it if that's the one you don't want us to look at. But other than that, I don't see a problem with the language. MS. KAGIWADA: Okay. Thank you. I yield. CHR. KIMBALL: Council Member Onishi. MR. ONISHL Thank you, Madam Chair. Just a comment. And Deputy, you can correct me if I'm wrong. All of these proposals are on the list, if any of them Page 10 LAAC-7 April 15,2025 through public or private and they're able to get funding other than this PONC and then whatever balance there is then PONC could look at it and then see if they can purchase it, correct? MS. KEKAL Yes. We do have some that we have purchased basically matching funds. MR. ONISHL Right. So then now if say the project or the property like ranked Number 9, they get 75 percent of outside money,PONC or the administration would really consider looking at purchasing thaf property, possible right? MS. KEKAL It is possible, yes. MR. ONISHL Yeah. And so that could even move up above the Number 1 priority? MS. KEKAL If the administration so chooses, yes.,, MR. ONISHL Right. And if there is a 75 percent of funding. MS. KEKAL Yeah. I mean5'it's the best use of the funding, right, too. It's like if we can spread it out further, that"s the goal, right. MR. ONISHL Okay. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member. Council Member Inaba. MR. INABA: Thank you. Just to wrap this up. You know, for any members who maybe were working on a resolution, you know, I guess I'll apologize. With the Sunshine Law, it wasn't that I could share with everyone that this was coming down'the pipeline. But to address some of the points being brought up, you know.'if you want tee hear about a specific project, go to the PONC meeting. That's where they really deliberate it on. So I encourage members who are concerned or don't have enough information to read the report and show up to the PONC meetings next time. Regarding certain properties in here; Number 10 is in my district, so I would've been the one to introduce a resolution anyway. So nothing prevents a member from amending this resolution and removing any properties. Everyone has that authority. So to try and make claims that your voice is taken away I think is absurd. And lastly, regarding prioritization of coastal lands, if members want to see different priorities, go ahead and amend the Code to remove that language. That isn't something made up in this resolution. So a lot of, I don't know, concern here, but there's work to do if you don't agree with the program and what's being presented. I ask for your support. Thank you. Page 11 LAAC-7 April 15,2025 CHR. KIMBALL: Thank you. Any further comments? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. And these comments are really related to the PONC process, you know, having recently being an applicant with some community partners, you know, crafting the applications but also going to PONC Commission meetings. These volunteers take their jobs very, very seriously. The kinds of questions they ask make you realize that they go beyond just reading what's in the application and do their own sort of research, and each of them takes the time to go and visit each of these properties, spending hours at each of these spaces with various stewards and property owners. And,so when they are making their recommendations, it's not based off of one meeting in a room having a one hour conversation. A lot of time and thought has gone into their recommendations, the scoring of the applications and the prioritization of the list. And every single one of these meetings is open to the public. So lots of opportunities for folks on this body and members of the public to be part of that conversation. So having gone through the process, I just want to let folks know it is very, very extensive and I really appreciate our PONC Commission volunteers. Thank you for the latitude. CHR. KIMBALL: Thank you. Council Member Kagiwada. MS. KAGIWADA: Yeah. I just want to respond to some of those comments. I'm absolutely not questioning the dedication and the process of the PONC Commission,4nd all the dedicated people who are bringing forth properties. My concern is more what happens after that and the fact that we are now as a Council no longer goingto be weighing in and we're just going to say, you know, look at it once and we won't get, I mean, as much information as we got today from a couple of these properties. That's all we'll really hear from the people. I also think, you knew, yes, PONC meetings are open to the public, but having a meeting at the Council is a different level of public hearing and I think it, you know,' some people payattention to that, and they might not pay attention to the other andvice versa. So I thinks you know, I do read the reports by the way. To say that I don't or to imply that I don't is ridiculous and, you know, I'm not at all questioning the PONC process. I'm questioning our ability to hear the individual properties discussed in an open hearing at Council. That's all it was. And clearly, you know, that's okay with me that more people feel that a streamline version was more important. So thank you. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. I do want to kind of wrap this up. I do have a few comments as well. Council Member Hustace. Page 12 LAAC-7 April 15,2025 MR. HUSTACE: Thanks, Chair. Appreciate the time. I sat before the PONC Commission itself and that process is definitely arduous, and the Commission took its time to heavily review the project that we brought before them. And, you know, it really is up to administration to kind of take it to the next phase, but I still think there's an opportunity for us as electeds to work with these nonprofit organizations, community members, to really see these across the finish line. So I think there's multiple stages and steps we still have to go beyond. The project that I was a part of, I don't know, it may never come to fruition, and I have a worry about that. It has many layers to it.-There were a lot of different government bodies, but I still want to work with the community members to see it through and find a path forward on that. No pun intended because it is a stream field project. But grateful for the opportunity to present before the commission at the time and kind of see that unfold and then also be received here by this body as well. So I know that these are different layers, and I know there's a lot more work to do. So I look forward to engaging on all these projects going forward as I sit fit. So thank you, Chair. Appreciato the time. CHR. KIMBALL: Thank you. Anyone else? MS. GALIMBA: Just super briefly. CHR. KIMBALL: Yup. MS. GALIMBA: Being against this change in the process does not mean I think any of us who vote against it are against the projects. We're 100 percent into the projects and that's kind of part of the reason. CHR. KIMBALL: Yup.-Thank you. I have a couple questions for Finance. Deputy, do you know how many properties the department is actually negotiating? MS. KEKAL Currently? CHR. KIMBALL: Yes. MS. KEKAL Currently, we have three. CHR. KIMBALL: Three. Okay. And are there other that the Finance Department was previously authorized to negotiate towards the purchase and they're stalled out our you're just not actively engaged in any purchase? MS. KEKAL Yeah. I think a little bit of both. I mean, I think we've had ones that are stalled and then also others that we just don't have the capacity to pursue at this moment. Page 13 LAAC-7 April 15,2025 CHR. KIMBALL: Okay. Would it be possible before the next hearing on this item to get a list from your folks of all of the PONC properties you have been authorized to negotiate purchase of from this body and their status, whether or not you've discontinued negotiations, they're stalled out, or they're active? MS. KEKAL Yes. We should be able to do that. CHR. KIMBALL: Okay, great. I think that would be really helpful information for us. I have to say when I first saw this resolution 'what I thought was, this is a solution in seek of a problem in the sense that L don'treally see our step of reviewing from the report to asking the Finance Department to negotiate as being problematic. And when we talk about the process taking 4 super, super long time, it is the review process through PONC. Their schedule, they only meet once a month, they've got to do all the site visits; then it's got to go through the Mayor. And I do think, you know, hearing what some of my colleagues says, but one of the things was again, the PONC, I will agree they do an amazing f 6b. And Debbie Chang, who's the one who sentthe letter from District 1 who's been Chair a few times and is really excellent. Debbie has arguably created this whole program, you know, has expressed this concern. But what I'm worried aboutis that the PONC, they don't have the same lens we do. They have a fairly narrow leas about what they're responsible for. And part of that is that it doesn't include the budgetand while PONC funds are separate, yes, one of the things I'm increasingly concerned about with our PONC programs is the funding,of the stewardship piece because as we acquire more and more properties, we're;going to need'inore and more funding to support the stewardship piece.. And so I think that there is value in the Council having that opportunity to weigh inwith that lens as well as the lens of other development that's happening in the area, other projects that might be related that I don't necessarily think that the PONC would be aware of. So I'iuunlike Council Member Galimba; I actually don't support us pursuing all of these projects and'I can bring an amendment next time. But I'm willing to amend this'to take those out, but at the same time I'd almost encourage, like today we heard L believe two of all of the projects that they work with their Council Member and introduced those resolutions in the event that this doesn't go forward Because I do think there isI wouldn't want the Council to create the precedent of advocating our responsibly around the check and balance that we provide in this process. And I realize the length it takes for something to go through is frustrating, but I think it would be more frustrating to find that your property of interest is one of several that are all being negotiated at the same time that maybe aren't prioritized in a meaningful way and then gets stalled out for that reason because they can't get the level of attention that we want. So I'm going to decline to support right now. I will bring an amendment next time. But I do think that our piece is not the problem; our review is not the problem of the timing here. It's Page 14 LAAC-7 April 15,2025 the other earlier parts of the process. So I will ask for a roll call vote unless there are any further comments. Seeing none, Mr. Clerk, roll call please. Vote on Res. 120-25: The motion to recommend adoption of Res. 120-25 was (Approved) carried by the following roll call vote: Ayes: Committee Members Hustace, Inaba, Kdneali`i-Kleinfelder, Kierkiewicz,. Onishi, and Villegas —6. Noes: Committee Members Galimba';Kagiwada, and Chair Kimball —3. Absent: None. Excused: None. (Note: Mr. Kdneali`i-Kleinfelder voted "kdnalua"then"aye.") CHR. KIMBALL: Thank you, Mr. Clerk. Alright,;.moving on to the next item of business. BILLS FOR The Chair directed the Committee to proceed'to the next order of business, ORDINANCES: Bills for Ordinances. Bill 40: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAIJ COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE ZONE MAP CLASSIFICATION FROM AGRICULTURAL— 10 ACRES (A-10a) TO AGRICULTURAL—5 ACRES (A-5n) AT PANA`EWA, HILO, HAWAI`I, COVERED BY TAX MAP KEY; 2-2-048:013 (POR.) (Applicant: Ho`oulu-Lahui)(Area: approx. 12.043 acres) The Windward Planning Commission forwards its favorable recommendation for this requested change of zone, which would allow the applicant to subdivide the property that currently Houses Kua O Ka La New Century Public Charter School and enable the school to transition from a lease agreement to fee-simple ownership. The property is located at 345 Makalika Street. Reference: Comm. 207 Intr. by: Council Member Kimball (B/R) and Comm. 207.1: From Council Member Heather L. Kimball, dated March 27, 2025, transmitting a PowerPoint presentation for Bill 40. Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 40 on first reading. Seconded by Ms. Galimba. Page 15 LAAC-7 April 15,2025 CHR. KIMBALL: You do have in your packets the slide deck from the department under Communication 207.1. We have Director Darrow here and the applicants to provide us with a presentation before we do deliberations. Thank you, Director. (Note: At this time, Planning Director Jeffrey Darrow came forward and provided a PowerPoint presentation to the members of the Committee. For viewing of the subject presentation, see the DU D copy of the meeting proceedings on file in the Clerk's Office, or online at http://hawaiicounty.gov.granicus.com. A copy of the PowerPoint presentation is made a part of the record, see Comm. 207.1.) CHR. KIMBALL: Thank you, Director. Go ahead, Council Member Onishi. MR. ONISHL Okay. Thank you,Madam Chair. Colleagues, this is in; my district, and I have not received any complaints, or this is the first time hearing this but just to be honest with you folks,,! do support it. I've been to this school before when I was with the Governor's`Office. I got to visit them because that's when they were transitioned into this property,and they showed me the whole area, which was unbelievable. And now, I guess with this subdividing and the rezoning and then they getto subdivide this property, then they can go and invest more into the properties and make it more permanent buildings there because I know at one time they had like a tarp out there and when it would rain that whole area would flood out. So it's looking good, good improvement. The only thing J had, and so I'm asking my colleagues to support this, the rezoning. But questions to Director; you know, with the Windward Planning Commission, it mentioned about,I guess the traffic study. Can you maybe give a little bit description'or information behind that? 1VIR. DARRO : Sure. This was a request by the applicant. Both requested the lead'condition be,in,Condition I, where at the applicant's request to the Windward Planning Commission. The reason for Condition B, the special permit, was because if that condition remained and they ended up being released from the special permit conditions from the State Land Use Commission, that would make it pretty difficult to comply with it when they're no longer under it, right. Their intention is to come in with a new one. For Condition I, for the traffic impact analysis report (TIAR), because they're coming in from a special permit, we will review the traffic conditions at that time during the special permit review. MR. ONISHL Okay. That's good. I mean, I just had a small kind of a concern where in case they would like change the use to residential, I mean, would that trigger anything? Page 16 LAAC-7 April 15,2025 MR. DARROW: It would but currently the property is situated within the agricultural state land use district as well as the agricultural County district and it's being rezoned to just a little higher density in the agricultural district. There's no request for residential. MR. ONISHL Right. But they could come in MR. DARROW: Or they could do a farm dwelling. MR. ONISHL Right. Yeah, because I just want4o,make sure if some community residents here and then they question me then at least t have an answer for them. MR. DARROW: I don't know if you can see that map still,but in your PowerPoint there's a state land use boundary map. You'll see that the area across the street has transitioned to urban and that the general plan for this area is actually low-density urban. So it is in long term transition to residential type uses, not that it's occurring very quickly, but there is that potential that it could. MR. ONISHL Right. MR. DARROW: And so they could actually come in and it would be consistent. I don't believe that's their;intension: MR. ONISHI: And I know that you folks won't be doing that. But I just need to have that, you know, because in the back ofNani Mau there is like that one-acre lots and I think there's 20 lots back there. MR. DARROW: I don't think it's been subdivided yet. It's still pending. R. ONISIHL,, I thought it was already. MR. DARROW:, The applicant may be able to speak more to it. But if it's the one that's connected to this property MR. ONISHI: No. MR. DARROW: You mean separate? MR. ONISHL Yeah. But I just, you know, because back then the community was like, I guess they weren't too happy when that happened. But thank you for your explanation. MR. DARROW: Yeah. MR. ONISHL Thank you. I yield. Page 17 LAAC-7 April 15,2025 CHR. KIMBALL: Thank you, Council Member Onishi. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. So Kua O Ka La used to be in the district that I'm so grateful to represent, Lower Puna, and the founder is here today. And I'm just going to get a little bit choked up because this woman dedicated her life to not only building a school but building community. And when Tutu Pele did her dance in Lower Puna, she took this beloved school, which is such a pioneering school when you think about how kids can be learning in the `aina. It was the first school in the state, second in'the country to be running completely off grid on solar; beautiful ulu and hala graves and they were pioneering what we could do with ulu back in the day. And so when all of that was lost; and Susie even lost her home in the eruption. She did not let these moments, these challenges, ever get in the way of her commitment to serving community. And so it was really a blessing that Connections Charter School was operating in this space before they were rehomed at the Kress Building. But she was able to find all of these children and`ohana a home, and she continues to make this newfound place in Nani Mau a home. And it's really more than just a school. The vision she has for this place for it to be a community hub, an educational space, a resilient hub. For there to be,you know, work within agriculture and workforce development, it's truly'visionary. And so I appreciate her deep commitment every single day to serving the children of Kua O Ka La, to all of the folks that benefit from the services of Ho`oulu-Lahui because she is making a significant impact on our island community. What this request will do is provide stability for the school; something that they need because there is a waitlist for every single grade, and I know that they would like to reinstitute their high school program. But without some permanency they're unable to deg that, So by approving this today, you help this school have a place that they can call home and expand their offerings because there is such a tremendous need for this `aina cultural based education. And I just do want to acknowledge that Susie is here and that there are some really wonderful folks that have been part of this effort. The Planning team, Mr. (John) Pipan, Mr. (Tom) Yeh, Mr. (Sidney) Fuke; thank you so much for helping Susie and this school get to this point. It's really a significant milestone and actually very special as we get closer to the 7t' anniversary of the Kilauea eruption. Sorry to get emotional. It's been a heavy journey, and we continue to recover and heal as a community. Thank you, Chair. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kagiwada. MS. KAGIWADA: Thanks. Just very supportive of this and all the work that the school does. Five years ago I was lucky enough to work with the Charter Page 18 LAAC-7 April 15,2025 Commission and the technical assistance and support for preschool programs in the charter schools and really spent quite a few hours at the Kua O Ka La Preschool, and observing and being a part of their hands on curriculum and their support that, you know, starting with their preschool grows the families up through the entire program. And yeah, the attention to relationships, relationships with the land, I just found it very special. So I'm very happy to support and all looks good. Looking forward to seeing how you continue to grow. I yield. CHR. KIMBALL: Any further comments? Alright: Council Member. MS. KIERKIEWICZ: Chair, I apologize. I forgot to disclose that my son is a proud student of Kua O Ka La Public Charter School. But I don't think that's going to impact my ability to make a d&ision. But if you feel otherwise, I'm happy to recuse myself. CHR. KIMBALL: I think you're fine. Okay. I want to thank the applicant. Did you want to say anything, Susie? I don't think you need to. I sense support, but you're welcome to since you made all the trouble to come all the way up here. if you'd like to briefly say a few words it's fine. (Note: At this time, o`oulu-Lahui Co-founder Susie Osborne and Planning Consultant John,Pipan came forward to address the members of the Committee.) MS. OSBORNE: Thank you so very much. I don't know if I can. You've got rye all emotional,now. But thank you Council Members for taking the time to be with us today. My name is Susie Osborne. I think I know most of you. And as stated"earlier, Ico-founder of the applicant, Ho`oulu-Lahui, as well as the co- founder and development director of Kua O Ka La Charter School. With me today is the backbone of my support through this process, John Pipan with Land Use, Ho'oulu'-Lahui Attorney Tom Yeh, and Sidney Fuke is representing Nani Mau. So I think you have a little presentation? MR. PIPAN: I don't think so. John Pipan, Land Planning Hawaii. Thank you all. I'm here for questions should you have any. Director Darrow covered the request quite well. Thanks. MS: OSBORNE: I guess I'll just finalize it. I did have some things to say but really Jeff covered a lot of it in his presentation. I did want to really thank Jeff Darrow because he really guided me through the community outreach process and I feel really ashamed that I didn't reach out to you, Dennis, kala mai, because we had extensive meetings with the Kumiai and open houses and I think you have the 30 letters of support. So you see there's been a lot of outreach for this effort, so we feel really tremendously supported. We really don't have any expectations, certainly no residential considerations. In fact the property is pretty much Page 19 LAAC-7 April 15,2025 developed so that's actually a challenge for us. There wasn't really too much more that we could do on the property. But we're just really super grateful and as Councilwoman Kierkiewicz said, it's just imperative that we have a permanent home. I know that after having lost my own home and then have all these students and families that have been traumatized, and we are all still in the healing process. I can personally speak to that. So just having that stability for the school is just imperative that the kumu know that they have jobs; and the parents and the students know they have a place to come to for generations in perpetuity. So with that, I really want to acknowledge the Nani,Mau owner Cindy Cui because when the property transitioned into her ownership, she as an educator and an entrepreneur recognized our need to have that stability. So without her support with this we wouldn't have this ability. So the applicant, you met the President Keone Kalawe. We have absolutely no concern that we'll be able to meet the conditions as stated in this application and just hope that you'll all.support it. And just thank you for the great work you do every day. Mahalo. CHR. KIMBALL: Thank you so much. Go ahead, Council Member Villegas. MS. VILLEGAS: Yeah,just a quick commentas we wrap up this day. Not only am I incredibly grateful for all that„you've done bi t;you're setting a precedent and creating a template. I have friends working on how to utilize private property that may not have the TMK (Tax Map Key)proportions that they'd like it to have, but there's,all the state stipulations about schools, residential properties, all the different legalese paperwork. So I want to thank your land planners for walking you through this and just recognize that you are paving the way, you are forging the path for other community minded, cultural-centric, really cutting edge educational programs to be able to also follow the path that you're creating and the template of how;to navigate the bureaucracy to get to where you need to go. ButI am personally and professionally so grateful to get to vote in favor of this today, I yield: CHR KIMBALL: Thank you, Council Member. Alright. I just want to thank you, Director Darrow and Mr. Pipan, for bringing us an application, I think, we all feel reallyexcited to say yes to. It's nice for a change. With that, all those in favor of approving Bill 40 and forwarding to Council with a favorable recommendation please say "aye." Page 20 LAAC-7 April 15,2025 Vote on Bill 40: The motion to recommend passage of Bill 40 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kierkiewicz, Onishi, Villegas, and Chair Kimball—8. Noes: None. Absent: Committee Member Kaneali`i-Kle nfel er— 1. Excused: None. ADJOURN- There being no further business, Chair Kimball adjourned the meeting MENT: at 4:39 p.m. CHR. KIMBALL: Thank you. Approved: Ms. Heather L. Kimball, Chair (Date) Legislative Approvals and Acquisitions Committee HI/tk Page 21