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HomeMy WebLinkAboutMIN LAAC 2026/09/01 (2024-2026) Committee on Legislative Approvals and Acquisitions 30th Session Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i September 1, 2026 CALL TO The regular meeting of the Committee on Legislative Approvals and ORDER: Acquisitions was called to order at 4:25 p.m.,in the Council Chambers, Hilo,by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba,Member Mr. James E. Hustace,Member Mr. Holeka Goro Inaba,Member Ms. Jenn Kagiwada,Member Mr. Matt Kaneali`i-Kleinfelder,Member Ms. Ashley L. Kierkiewicz, Member 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 comment on Bills 186 and 187 (Comm. 1025), and came forward when called by the Chair: Matt Chalker Bob Yunke E. Kalani Flores CHR. KIMBALL: Mr. Clerk, if you would read in Resolution 632-26,please. LAAC-30 September 1,2026 ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 632-26: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEYS: 1-5-088:009, 010, 011, 012, AND 013, ALSO KNOWN AS WAIAKAHI`ULA VILLAGE OCEAN ACCESS, AND TAX MAP KEYS: 1-5-063:042 AND 043,ALSO KNOWN AS WAIAKAHI`ULA BURIAL SITE 19014 AND AGRICULTURAL COMPLEX SITE 19013,BOTH SITUATED IN THE AHUPUA`A OF WAIAKAHI`ULA, DISTRICT OF PUNA,USING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire approximately 1.505 acres of land listed as the fifth and sixth highest priorities in the 2025 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 1004 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to recommend adoption of Res. 632-26 on first reading. Seconded by Mr. Hustace. CHR. KIMBALL: Ms. Kierkiewicz MS. KIERKIEWICZ: Thank you, Chair. It gives me great pleasure to bring this resolution forward. It is a required step in our process to introduce a resolution to authorize the Finance Director to begin negotiations for acquisitions of PONC nominated parcels. These two particular parcels, as our Clerk noted,were listed number 5 and 6 on the 2025 PONC (Public Access, Open Space, and Natural Resources Preservation) commission report. These particular parcels, there is a sense of urgency to acquire. One property owner has said that they will develop, which is very concerning,because there is a damaged burial site on the property. And there has been indication that not only will they build,but they will likely do a vacation rental. So, there is a sense of urgency to start having those conversations. There is another parcel that is adjacent to the County Park recently named as Waiakahi`ula that would be complimentary to all of the community efforts right now to steward that Ahupua`a. So,mahalo nui to No`eau Woo 0 Brien and Jan - Marshall, constituents in the community who have really been strong advocates and voices in that area mobilizing petitions and testimony in support of this particular acquisition. Page 2 LAAC-30 September 1,2026 I know that our Property Manager, Shannon Arquitola, has been here many, many hours and can answer any questions folks might have about the process. But again,this is the necessary step that our Finance Director needs in order to begin the process of entering into negotiations. So,just looking for everyone's support. Thank you. CHR. KIlVIBALL: Thank you, Council Member Kierkiewicz. Anyone else on this item? Seeing none, all those in favor please say, "aye." Any opposed? Vote on Res. 632-26: The motion to recommend adoption of Res. 632-26 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Galimba,Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. K MBALL: Next item, please. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 181: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE (2016 EDITION,AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-014:016 (Applicant: Zak Ai Ikawa Saito) (Area: 21,792 square feet) The Windward Planning Commission forwards its favorable recommendation for this requested change of zone,which would allow the applicant to subdivide the property into two lots. The property is located at 283 West Puainako Street. Reference: Comm. 1005 Intr. by: Council Member Kimball (B/R) ; and Comm. 1005.1: From Planning Director Jeffrey W. Darrow, dated July 28, 2026, transmitting a PowerPoint presentation for Bill 181. Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 181 on first reading. Seconded by Ms. Kagiwada. Page 3 LAAC-30 September 1,2026 CHR. KIlVIBALL: Director. (Note: At this time,Planning Director Jeffrey W. Darrow came forward to address the members of the Committee.) MR. DARROW: Thank you, Chair and members of the Hawai`i County Council. Jeff Darrow with the Planning Department. This applicant is Zak Saito; he's requesting a Change of Zone. (Note: At this time,Planning Director Jeffrey W. Darrow provided a PowerPoint presentation to the members of the Committee. For viewing of the presentation, see the DVD copy of the proceedings on file in the Clerk's Office, or online at http://hawaiicounty.granicus.com. A copy of the presentation is made part of the record, see Comm. 1005.1.) CHR. KIlVIBALL: Thank you,Director. If the applicant and applicant's representative wants to add anything to the introduction,please come to the table. (Note: At this time, Planning Consultant John Pipan came forward to address the members of the Committee.) MR. PIPAN: Aloha, Chair Kimball and members of the Council. Thank you all for being here. Your endurance and efficiency today is appreciated. Very simple request in line with similar requests in the area not too long ago. This affects an effective Land Use Pattern in the area and promotes infill. If you have any questions,please, we're here to do our best to answer them. Appreciate it. CHR. KIlVIBALL: Any questions for the applicant and the Director? Council Member Kierkiewicz. MS. KIERKIEWICZ: No questions. I just want to extend my support. I know Mr. Saito is a small business owner. And so,I saw him here for many hours today. Appreciate you just being here on standby. I think this request is very simple and straightforward. And as Mr. Pipan mentioned, it is in alignment with the general development of the area. So, I'm happy to support the request today and the future estate planning purposes that you've articulated in the application, thank you. CHR. KIIVIBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. To the Planning Department,just looking at the Fair Share contribution,I'm going to ask this question again for some of the later bills. But just want to say for$19,000 for Single-Family Residential. I am going to ask him on the next couple bills too, because they're different. Page 4 LAAC-30 September 1,2026 So,the valuation on the Hilo homes in comparison with some of the other ones we'll be looking at later is going to be in my question. Pointing out the Fair Share contribution for the lots in Hilo versus the ones we're going to be reviewing. MR. DARROW: Yes, they should be the same. So,that might be something on our part. I'll need to look at that and see what the difference is. MR. KANEALI`I-KLEINFELDER: Thank you. MR. DARROW: Thank you. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Just real quick, offering my support as well. I can see that many of the lots in that neighborhood are closer to the 10,000 square foot size and it makes a lot of sense to add this density there. So,I'm supportive. Thanks. CHR. KIMBALL: Thank you. Anyone else? Council Member Villegas. MS. VILLEGAS: Yes, I fully honor the opinions of those that represent where this property is on the East side. I just had my own humble novice experience, Puainako, can be quite tricky with the amount of traffic on that road. So,hoping and trusting that those considerations will be taken when adding any traffic to that road. Because infill is necessary. It seems to be assigned in alignment with the plans there. But, yes,infrastructure needs for roads to ensure safety to the public and whoever lives there as well. So,I'll be in support today. Just a humble insight. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Any opposed. Vote on Bill 181: The motion to recommend passage of Bill 181 on first reading (Approved) was carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 181 is forwarded to Council with a favorable recommendation. Next item,please. Thank you, folks. Again, that Page 5 LAAC-30 September 1,2026 Bill 185: AMENDS SECTION 25-8-11 (LALAMILO-PU'UKAPU DISTRICT ZONE MAP),ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE (2016 EDITION, AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—40 ACRES (A40-A) TO FAMILY AGRICULTURAL— 1 ACRE (FA-1A) AT PU'UKAPU, WAIMEA, HAWAII, COVERED BY TAX MAP KEY: 6-4-018:030 (Applicants: Jacqueline Visser, Hanale Visser, and Gilbert Visser) (Area: 2.397 acres) The Leeward Planning Commission forwards its favorable recommendation for this requested change of zone, which would allow the applicant to create a two-lot subdivision of one-acre each. The property is located at 64-5091 White Road. Reference: Comm. 1024 Intr. by: Council Member Kimball (B/R) ; and Comm. 1024.1: From Planning Director Jeffrey W. Darrow, dated July 27, 2026,transmitting a PowerPoint presentation for Bill 185. Motion to Approve: Mr. Hustace moved to recommend passage of Bill 185 on first reading. Seconded by Ms. Galimba. CHR. KIMBALL: Director, if you'd like to give us an introduction. MR. DARROW: Sure, thank you. Jeff Darrow with the Planning Department. (Note: At this time, Planning Director Jeffrey W. Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha, this is Jeff Darrow with the Planning Department. If I could direct your attention to our presentation. (Note: At this time, Planning Director Jeffrey W. Darrow provided a PowerPoint presentation to the members of the Committee. For viewing of the presentation, see the DVD copy of the proceedings on file in the Clerk's Office, or online at http://hawaiicounty.granicus.com. A copy of the presentation is made part of the record, see Comm. 1024.1.) CHR. KIMBALL: Thank you,Mr. Darrow. Alright,I'd like to invite the applicant and the applicant's representative to add anything else. MR. PIPAN: Aloha,kakou, John Pipan again here representing and assisting Jacqueline Visser to my left, on her application that would allow her to subdivide this 2.3 acre property into two lots, greater than one-acre each. Page 6 LAAC-30 September 1,2026 We feel it's fitting with other lots in the area. If you refer to the map attached to the draft bill, there are approximately one-acre lots on the East side of White Road, very near the subject property. This does align with the new and improved General Plan Land Use designation for Rural. And it was actually also consistent with the previous designation of Important Ag Land. We appreciate the work of the Planning Department in bringing forward our proposed conditions. The requirement to install a fire hydrant is expensive and difficult. Originally, we had requested to delete that entirely,but we were happy in the middle ground to just"shall"to "may." So, we've got a little bit of wiggle room potentially to work with the Department of Water Supply to maybe share that burden with neighboring property owners. So,with that,if you have any questions, we're happy to address them. Appreciate your support. CHR. KIMBALL: Thank you. Alright, Council Member Hustace. MR. HUSTACE: Thank you, Chair. Thank you, Mr. Pipan. It's so good to see you this evening. The Department of Water Supply,where's the closest fire hydrant in relation to the property itself? Mamalahoa Highway? MR. PIPAN: Yes, much nearer to the highway, off White Road. There's one on White Road. I wasn't able to actually locate it when driving down White Road. It may be obscured by vegetation,but I understand there may be one there in the bushes. MR. HUSTACE: Then, Director Darrow, actually probably a question for you on this one. Just in terms of the Department of Public Works and the setback there, what's your sense from Public Works in actually pursuing the widening of the road for White Road? MR. DARROW: Originally, my thought was it would be better to widen the pavement. But in discussing it with Public Works, they felt that it's more appropriate for them to ask for the future road widening setback for any future road widening that they would do. To be able to guesstimate as to what the likelihood that would be or when, I couldn't even tell you. MR. HUSTACE: Okay. Because that setback, I mean,it's already a smaller parcel that's on the front of each side. So, you're already going to lose some of that acreage there on that side, right? That's been considered in the proposal? John, if you could say that out loud for the record. Page 7 LAAC-30 September 1,2026 MR. PIPAN: Yes,thank you. I reviewed with Ms. Visser the proposed conditions including the future world widening setback, and we find them acceptable. Thank you. MR. HUSTACE: Thank you, appreciate that. I had good conversations with couple of the neighbors on White Road that didn't have any issues or concerns about the project. So, thank you. Thanks, Chair. CHR. KIlVIBALL: Thank you, Council Member Hustace. Anyone else? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Darrow, thank you for looking at the Fair Share contribution numbers. The next one is coming through. So, when we have applications come in at different times,the Fair Share contributions may be for one or two lots,negligible for a bigger subdivision; much more impactful. In this case, do the Fair Share contributions become even for this as they're coming to the Council, or they stay the same as when they were submitted to the Planning Department, or to the County? MR. DARROW: Ironically,this is the first time that I've seen this happen. MR. KANEALI`I-KLEINFELDER: I've been here eight years, and this is the first time you ever seen this in your life? MR. DARROW: I mean, to see two applications with different Fair Share; and the reason why is because they came in at different times when that split happened. Because our staff is really good at making sure they update the Fair Share requirements every year. But ironically,this one, one application was delayed longer than the other, and so,they came up with different Fair Share. It doesn't seem right, you know,just thinking that two applications at the same time have such a difference on Fair Share. So, definitely when I get back, we'll talk with staff and figure out what we can do as possibly propose an adjustment. But it's a tough one whether you go up or whether you come down,right? It's still that Fair Share timeline that we go by when we get the updated figures. What typically happens,it says that it's adjusted every once three years happens, then if they don't do the project and they come in, everything's adjusted by the Honolulu Consumer Price Index. So,they look at it, and then that seems to equal out the numbers at that point. Typically,it does take people a while to be able to get that. Page 8 LAAC-30 September 1,2026 But for a smaller project like this, they may get is done in a year or two. And they will be stuck with the different prices. But if you're okay with that, we'll take a look at that when I get back and see if we can adjust it to make it somehow more reasonable. MR. KANEALI`I-KLEINFELDER: Yes,please. And then,if I remember correctly,in previous directors having this discussion, the Fair Share contribution number is a very much a roving number that we do our best to put together based on the Honolulu Price Index. It really is up to us. MR. DARROW: It's adjustable figures that are adjusted every year per that index. So,it's not random,it's definitely based on that index. MR. KANEALI`I-KLEINFELDER: I'll take a look at it. And I mean,just logically,prices should be landing at the prices we're seeing in our environment. Inflation is crazy; we don't know what's going on with the goods; oil, fertilizer, etcetera. So, we should be pricing these accordingly, as the projects are landing, not based on something that's four years ago or three years ago, or five years ago. That makes more sense to me logically,if we're looking to use Fair Share contributions to offset the impact of density and development in our communities. So, yes,please take a look at the numbers. MR. DARROW: Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. And as far as the road easement, I live on a road that actually is very similar to what's happening. I know you're laughing because you know it's true. So, having the ten-foot easement set aside is good. Because as we allow more things like this to happen and your neighbor start to do the same thing, which is what's going to happen. Then the neighborhood behind you or around you; and you become interconnected. More vehicles on the road means you're going to need to widen that road, or else you're all going to be pulling into each other's driveways and pulling off the road; and someone will go in the ditch. It's important. So, thank you for clarifying that in this ordinance, I appreciate that. Thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member. Any further questions from the body? Alright, seeing none, all those in favor please say"aye." Any opposed? Page 9 LAAC-30 September 1,2026 Vote on Bill 185: The motion to recommend passage of Bill 185 on first reading (Approved) was carried by the following voice vote: • Ayes: Committee Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Committee Members Inaba and Onishi—2. Excused: None. MR. PIPAN: Thank you very much. CHR. KIMBALL: Again, thank you for your patience today. Bill 186: AMENDS THE STATE LAND USE DISTRICT BOUNDARIES MAP BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL TO URBAN AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY A PORTION OF TAX MAP KEY: 6-8-002:016 ; and Bill 187: AMENDS SECTION 25-8-14 (WAIKOLOA VILLAGE DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE (2016 EDITION, AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION FROM RESIDENTIAL AND AGRICULTURAL— 1 ACRE (RA-1A) AND OPEN (0) TO MULTIPLE- FAMILY RESIDENTIAL— 1,500 SQUARE FEET (RM-1.5),FAMILY AGRICULTURAL— 1 ACRE (FA-1A), AGRICULTURAL— 10 ACRES (A-10A), AND OPEN (0) AT WAIKOLOA, SOUTH KOHALA,HAWAI`I, COVERED BY A PORTION OF TAX MAP KEY: 6-8-002:016 (Applicant: Waikoloa Green LLC) (Area: 14.868 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map for the requested change of zone, which would allow the applicant to develop a 400-unit multiple-family housing complex with a clubhouse and related improvements. The property is located at the southeast side of Pua Melia Street, approximately 810 feet south of its intersection with Waikoloa Road. Reference: Comm. 1025 Intr. by: Council Member Kimball (B/R) ; and Comm. 1025.1: From Planning Director Jeffrey W. Darrow, dated July 27, 2026,transmitting PowerPoint presentations for Bills 186 and 187. (Note: Comm. 1025.2 from Council Member James E. Hustace dated August 27, 2026, Comm. 1025.3 from Council Member James E. Hustace dated August 28, 2026, Comm. 1025.4 from Council Member Holeka Goro Inaba dated Page 10 LAAC-30 September 1,2026 August 31, 2026, and Comm. 1025.5 from Council Member Holeka Goro Inaba dated September 1, 2026, transmitting proposed amendments were circulated.) Motion to Approve: Mr. Hustace moved to recommend passage of Bill 186 on first reading. Seconded by Ms. Kierkiewicz. CHR. KIlVIBALL: Director. (Note: At this time,Planning Director Jeffrey W. Darrow provided a PowerPoint presentation to the members of the Committee. For viewing of the presentation, see the DVD copy of the proceedings on file in the Clerk's Office, or online at http://hawaiicounty.granicus.com. A copy of the presentation is made part of the record, see Comm. 1025.1.) CHR. KB/BALL: Thank you,Director Darrow. And now I'll invite the applicant and their representatives to come up. Please introduce yourselves for the record. (Note: At this time, Planning Consultants Jon Yoshimura and Daniel Popkin came forward to address the members of the Committee.) MR. YOSHIMURA: Aloha, Chair Kimball, Council Chair Inaba, and Council Members. My name is John Yoshimura; I'm one of the partners in this Waikoloa Green development. And this is my partner,Danny Popkin. MR. POPKIIN: Hello everybody, my name is Danny Popkin, and as John said, we've been working on this project together for four years. MR. YOSHIMURA: Thank you for the opportunity to discuss our two zoning bills before you today. In a recent publication,my partner Danny and I were described as New Jersey developer and a one-time Honolulu politician. I'd like to start by giving you a more complete description of who we are and what our dreams are for Waikoloa Green. I'd also like to touch on two issues that are very important to us. Fire safety and water availability. I've known Danny Popkin and his family who kindly took me in on long weekends when it was impractical for me to travel back home to Maui. I've known him for nearly 50 years. Danny and I met as sophomores at Georgetown University. One summer we drove across the U.S. in an Oldsmobile ending up in California, where Danny and I flew to my home in Maui. Danny planned to stay a couple weeks; he ended up staying nearly a year. He worked as a busboy then a waiter at Tasty Crust in Wailuku, where they still remember him. Page 11 LAAC-30 September 1,2026 Most recently, I've been employed as a Utility Scale Renewable Energy Consultant for companies like NG, Tesla and Plus Power. My projects include the largest solar PV (Photovoltaic)project at that time in 2013. The First Utility Solar Plus Battery System in the world on Kauai with Kauai Island Utility Co-op and Hawai`i's first standalone grid-forming battery, Kapolei Energy Storage, which is operating in Kapolei on Oahu for Hawaiian Electric. In 2019, I learned that the Waikoloa Highlands property was for sale. Three years later,Danny and I bought the property. Other than renewable energy, we have no set plans for what was now,Waikoloa Greens. We started an outreach campaign to learn what County leaders,Waikoloa residents, and other stakeholders believed were needed to complement and enhance the existing Waikoloa community. While we continued to do outreach, and frankly, we'll never stop, we heard several themes that resulted in our conceptual master plan. Housing, workforce housing, affordable housing, and market housing. Food sustainability, a community meeting place. Overtime, we developed our general plan, which is based on four pillars: Housing,renewable energy, food sustainability, and an overall concept of developing this land to provide a Hawaiian sense of place. Now, on the issue of fire, we might not agree with the recommendations of the wildfire safety advocates,but we support their efforts to make Waikoloa safe. I believe the best we can do; the greatest impact we can have is to be responsible landowners;responsible stewards of this property. We've met with WSA (Wilderness Study Area), and we've had some very good candid discussions with them. We worked with Hawaiian Electric to harden utility assets on our property. They're in process, I think, of replacing all of those old poles to make them more sturdy and wildfire resistant. As you know, one of the problems in Lahaina was utility poles went down, and the determined that's what caused the fire. We worked with State DOT (Department of Transportation)to expand and improve fire breaks on our property. We worked with the Waikoloa Dry Forest initiative to create new breaks, and we've been told that the fire breaks on our property helped prevent the spread of the most recent brushfire in Waikoloa. Just after our unanimous approval at the Leeward Planning Commission, we were happy to hear of a breakthrough allowing development of the Kamakoa egress toward completion. Regarding water availability,we can appreciate that concern. We believe we have access to sufficient water resources. And I must stress that our development is phased. We're not going to have all of these people in homes there on Day One, Day Two, even Year Five. It's a phased development that's going to take 20 or more than 20 years. Hopefully, we'll still be around. Page 12 LAAC-30 September 1,2026 I think that the argument that our project will be reparably stressed. The aquafer is not accurate, and we can discuss that at length later today. We have several people who can address that issue. At this time, I'd like to turn it over to Danny for some of these open comments. MR. POPKIN: Thank you John and thank you, Council for having us here today. My name is Danny Popkin. I'm from New Jersey. I had the pleasure of living with John Yoshimura's family on Maui for almost a year, and gained a great respect for Hawai`i, the people, and the culture. And I sit here today, humbly trying my best to be a good partner with John to develop this land in a proper way. What I've done at home for the last 30 plus years, maybe longer,is sustainable adaptive reuse of factory buildings in New Jersey, which we have a lot of. So, over the years, I bought large factory buildings that had no workers in them anymore; lot of pigeons. And overtime developed these buildings into multi-tenant commercial buildings that I'm proud to say, created a lot of new small businesses and thousands of jobs over the years. And that's what I've done myself. I'm not a land developer per se. I've done some new construction,but what I've done is sustainable adaptive reuse. I've also done a lot of renewable energy. All of our roofs on our buildings in New Jersey are totally powered by solar. So, when John called me a while ago and talked about this Waikoloa land, I was very excited about it and decided to work with my longtime great friend to try and bring something that is special to this community. And we're here today to answer any questions. And thank you for your time. We think it's a great project and hope that we get approval today. CHR. KIlVIBALL: Alright,with that, we'll open it up to the body. Any questions or comments. Starting with Council Member Hustace. MR. HUSTACE: Alright,I guess I'll start us off here. Thank you,Mr. Popkin and Mr. Yoshimura. Appreciate your presentation in front of us and your team behind as well, engaging with the community here and trying to find solutions for our community that is at risk as you well know. And some of the stuff we can get into the other bill, which Chair,I have concerns about the order we went through here. So,it's hard to talk about amendments and those sorts of things for a secondary bill. But since we read them in together, I just wanted to dive into the question about water a little bit,if that's okay,because there was an Environmental Hawai`i article that was published in the last couple of days,too. And there was a testifier that talked about water. So, if we could coincide a little bit in terms of your relationship with Hawaii Page 13 LAAC-30 September 1,2026 Water Service (HWS) and their commitment to the community in the area and your understanding of their capacity and their system, as well as the investments that they make. So, if just want to start there for a moment, then I'll follow up with another question. MR. YOSHIMURA: We rely on their expertise. And when we were just beginning to talk about what we could do with this property. That was one of the first organizations that we contacted, and we wanted to make sure that any kind of plans or ideas were going to be possible. Of course,that all depended on water. A couple of people on our team are very well versed in these water issues. Of course, our planner John Pipan and Kanani Aton, who previously has worked for the Board of Water Supply here in the County. And while that article was very complete, there were some assumptions made that were not necessarily tied to—I think there's some sort of discrepancy between what aquifer we're talking about. But we really feel that because our development is a phased development,the only thing we can rely on really is the Water Company telling us that they have sufficient water to service us. We feel that have sufficient water to build on our project for over 20 years. MR. HUSTACE: Thank you,Mr. Yoshimura. If you want to pass it off to your team to speak a little bit more to that? (Note: At this time,Planning Consultant John Pipan came forward to address the members of the Committee.) MR. PIPAN: Aloha, Council Member Hustace. Thank you for the question. John Pipan here again,helping Waikoloa Green with their application. We did receive review. This recent article by Ms. Cummins,Environment Hawai`i. We think there are some flawless options,right? So, it refers to the Commission of Water Resource Management's (CWRM) 2019 Study, their plan that states two different figures in two different places for the sustainable yield for the Waimea Aquifer, which Hawai`i Water Service would draw the potable water to serve this project. In some places it's 16 million gallons per day (MGD), and other places it's 24 MGD. There was pretty robust discussion when CWRM was putting forward this plan and these numbers for Waimea. Experts,including Tom Nance testified that it was an under-quoting of the sustainable yield of this aquifer that potentially, 10 million gallons from Kohala wasn't accounted for per day additionally. MR. HUSTACE: That's just surface water,primarily, correct? Page 14 LAAC-30 September 1,2026 MR. PIPAN: I'm not sure exactly,if that was just counting the surface water that's captured from the Waikoloa stream above Waimea. But furthermore,the aquifers aren't necessarily exactly like they're drawn on the map. It's an oversimplification. MR. HUSTACE: Those lines don't exist underground. MR. PIPAN. Those lines don't exist underground. So,just to the South of this property lies the `Anaeho`omalu Aquifer that has a much larger sustainable yield. Something like 30 MGD. That's barely even tapped. And some isotope studies have indicated that these aquifers are actually mixed. They're not segregated,they're not separate. The Commission of Water Resource Management and our State Laws establish a process for which CWRM can designate an aquifer as a critical water source. That hasn't occurred here. There is a process. No one has submitted a petition. We believe that should that happen in the future,they will evaluate much more thoroughly and scientifically, the actual sustainable yield of this aquifer and find that it's not nearly as close to its max sustainable yield, as Ms. Tummons' contends. With that, I think I'll pass the baton to Ms. Aton. She has much more experience in this realm than I do too. (Note: At this time, Kamehameha Schools Kanani Aton came forward to address the members of the Committee.) MS. ATON: Aloha, mai kakou. Aloha, Chair Kimball and everybody here. I worked at Department of Water Supply right under the Manager/Chief Engineer Milton Pavao, and his Deputy, Quirino Antonio. So,he took me to every single cabinet meeting, every single community meeting that talked about the Water Use and Development Plan, as well as the Business Plan for the Department of Watery Supply because the Business Plan was part of my kuleana, as Public Information and Education Specialist for the department. I also ran the Kona Water Roundtable for the potential designation of a nearby aquifer, Keauhou Aquifer. And we went through a community process in Kona that really looked at the claims of the National Park Kaloko-Honokohau about the impact of asking for a moratorium on well development. So, I really came into a quarterly gathering of about 100 stakeholders who were all looking at water sustainable yield; understanding that process. And so, what I came away from understanding is that, sustainable yield is based on an engineer's calculation that's across all engineering and hydrology. For Hawai`i, for our style; our land formation; it's really hard to apply textbook hydrology to Hawai`i's landscape. What I understand from Tom Nance and Page 15 LAAC-30 September 1,2026 many of the other experts that presented over many years' time,this question of what is sustainable yield, especially in these flagged aquifers. We have lava flow over lava flow from the different Mauna. And they overlap at times. And when the water falls on different peaks, valleys, and points, with the water percolating down, you might see an isotopic signature from a very high elevation like Mauna Kea,Mauna Loa, and Kohala. You might see actually those signatures in places from standard engineering calculations,not supposed to have water from Mauna Kea. It should be within this peak and valley sort of structure. So, that was a lot of the community discussion around how do we steward water well? So,not to make my story long,but just that, we have a robust community of people like our testifiers; like those that are concerned. But we also, as a community,know how to collaborate and talk through those issues. It was a process over five or six years with the Commission of Water Resource Management around the request for designation. And in the end, the aquifer of Keauhou was not designated because of this robust community of stewardship and management. Now, when it comes to what's happening in the Water Use and Development Plan for this particular aquifer and the one that's adjacent where we talk about millions of gallons per day of sustainable yield. One of the biggest things that I learned from Milton Pavao, my Manager/Chief Engineer was, "Kanani,the sustainable yield is one portion of the entire aquifer. The remainder of the aquifer outside of sustainable yield is where the general flow of what the environment needs to do. For all of the land, all of the limu, all of the animals; all of the uphold of this aquifer itself. That's not the sustainable yield. The sustainable yield is a portion for human use of drinking water. And that's what CWRM does. It watches over that section." So, when we talk about this particular parcel, it's my understanding that it actually straddles the border of two aquifers. MR. HUSTACE: If I'm not mistaken,Hawai`i Water Service primarily draws from the Waimea Aquifer. But I thought they also had wells in the `Anaeho`omalu Aquifer as well. Is that my mistaking that? MR. PIPAN: I cannot confirm if they do actually have wells. MR. HUSTACE: But they are the service provider for that whole region, correct? MR. PIPAN: Correct. And some numbers on Hawaii Water Service capacity, I think you had asked about this in your initial question. Their installed capacity permitted. 11.4 MGD pumpage. Their firm capacity would be if two of those Page 16 • LAAC-30 September 1,2026 wells were out of service, 8.3 MGD; present demand on HWS system, five to six MGD. So, that is their figures currently. And again, I'll reiterate,that's 16 MGD sustainable yield of the Waimea Aquifer was noted in CWRM's plan as preliminary until further notice. MR. HUSTACE: I haven't driven my conversation with HWS in terms of private water structure. But they make clear investments in their systems. It's upkeep for the community and those sort of things. So,they have been a good partner for the Waikoloa community there. So, thank you for diving into water for a little bit. I know probably my colleagues have some questions on that as well. But I just wanted to pivot a little bit to community engagement, community benefits, community partnership. Because you have built a relationship with community members in conversations about wildfire mitigation. But also,in terms of identifying needs in the community. Community spaces, community parks, community trails; and as partnership with Waikoloa Dryland Forests. If you could expand on that a little bit in terms of what that relationship looks like, not just with WDFI,Waikoloa Dryland Forest Initiative,but also the community at large and what that means going forward too. Big question there,but as a larger proposed development, you're trying to build these relationships,but identify the needs in the area and how the larger community can be a partner and benefit and grow together. MR. YOSHIMURA: So, I'm going to ask Danny to talk about our work with the Waikoloa Dry Forest Initiative. But in our early outreach,we thought the best organization to go talk to was the Waikoloa Village Association. So, we attended many of their meetings. We went and talked with the former, I guess now, General Manager, Roger Wehrsig. And he had some great ideas; great history. He said when Waikoloa itself was developed back the 60's and 70's by Boise Cascade. That was prior to the time you developed communities. He said it was more like developing homes. So, he said one of the things we miss is a community center. When people want to have weddings or graduation parties, a lot of times they're either going have to go down to the hotels or they're going to have to go to somebody's garage and like get couple homes to accommodate all the people. He said, "Hey we need a community meeting place." So,that was one of the things we checked off and looked at. When we talked to one of your predecessor's, Senator Richards,he was telling us that in addition to this community kind of thing,there was a need for a Page 17 LAAC-30 September 1,2026 library. There may be needs for schools, maybe a high school; because kids in Waikoloa got to travel like an hour to go to high school,right. So, we took all of those things in, and in our approval at the Leeward Planning Commission, I think they required to have a property, like five acres that we would deed to the County at the upper part of our parcel,which could be used for emergency like a place for people to stay if there's like an emergency shelter. I've heard that you're looking into the possibility of a gym in Waikoloa. Maybe those two could come together and serve the same purpose. So,we are very interested again in having this development complement and enhance the community that's already there. That really was one of the guiding missions that we had. If we're going to do something over here,let's ask the community to find out what it is they need and very possibly we could help out either by making land available or some other way. Anyway,Danny can talk to you. He's worked really closely with Waikoloa Dry Forest Initiative for some time now. We've actually given them a conservation easement to solidify that commitment. Danny, why don't you. MR. POPKIN: Yes, we partnered with Waikoloa Dry Forest Initiative to take 111 of our acres and preserve them as a conservation easement. And Jen Lawson,who I'm sure you know, the Executive Director is very excited to steward this land; plant drought resistant, fire resistant, native plants in it so it preserves it. And also,it's part our Trails plan where we'll have people walk through it and hike. And it does connect up to what John talked about. We designated a five-acre parcel close to Waikoloa Road,which hopefully could be a community center, evacuation center; something that the County may designate based on that five acres. So,we're very careful to put it in a place where you think it would be a big benefit for the community. MR. HUSTACE: Thank you. I appreciate the response and trying to build a relationship with the community that's there and really understand the needs in the area. I'll leave it there for right now. I might have another question or two, but I'd like to hear from my colleagues if they have any thoughts. CHR. KIMBALL: Thank you, Council Member Hustace. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you for bringing this project forward. It does sound like there's a lot of really fabulous pieces here. I do want to go back to the water issue. I did read the article by Pat Tummons, Environment Hawai`i. Page 18 LAAC-30 September 1,2026 Based on what I've heard today, you seem to be saying as a team,yes, a lot of what she said was true,but maybe some of the assumptions weren't 100 percent sure. Like there seemed to be questions on this whole issue of 16 MPD yield or 24, that kind of thing. But you don't know for sure that that's true either,if the higher amount is true either, it sounds lie. So, it could be true. You're not debating that it definitely isn't true, what she's presented here, is that correct? MR. YOSHIMURA: It's still a little foreign to me. I talk about myself as a developer. But as a developer, you know, we go through the natural process, • right? So,before we even thought about having homes on our site, we got to find out whether we had water to service those homes. So, one of the first things we did was,write to Hawai`i Water Service, tell them what we had planned, or what we would hope to plan and get a will-serve letter from them. I mean that we thought satisfied our requirements. But obviously, there's other things involved with water usage,yields, and all of this kind of stuff,right? But I think that was sort of outside of our—I don't want to say, responsibility. But it was not something that we thought, oh,we got to go and do a deep dive into the hydraulics and all of this kind of stuff. And it sort of took us a little bit by surprise. MS. KAGIWADA: Sure. Totally understood. You followed the process; you got the okay on this. Like you said, it's not yours. But as far as us, now it's our job to question some of these things. So, that's what we're doing. I am not at all questioning the process you went through earlier; you didn't follow it correctly. I'm just looking at what could be either reaching the sustainable daily amounts for this aquifer potentially and what that means for other development in the area that might already be planned; or they're not planned yet,but they may want to do. And if you kind of top it out with this project,it doesn't mean that we say no,but we were thoughtful about it. We say, okay,this is the project that should go forward for this amount of water. And knowing very well that there may not be water for other things. So, we need to understand that as we go forward. MR. YOSHIMURA: Sure. You know interestingly enough, Kanani Aton isn't the only person who has worked for our Board of Water Supply. I actually worked for Board of Water Supply on Oahu as well. And prior to the time working there. I was a journalist for a little while. And so, I did have an opportunity to interview all kinds of people. One of the people I remember talking to was Kazu Hayashida who held other offices in the State and in the County of Honolulu. And there was a question as to,hey how many more homes can you develop on Oahu, right? Page 19 LAAC-30 September 1,2026 So, one of my questions to him as a reporter at the time was,hey you know, people were saying, "We don't have enough water to support these new developments." He told me, you know, John, water, we take the cheapest water available. If we need more water, we need to look at things like desal (desalination), or reverse osmosis, or what have you. Then the water gets a little bit more expensive. He said the water is there. It's just that right now, everybody uses the cheapest water available. That's why they just take it out of the aquifer. So, I think the lesson that I learned at that time was,you know, water is a very precious resource, and we need to be very careful. I mean, one of the big things we did at the Honolulu Board of Supply was you know, we had this big conservation effort. We had Xeriscape Garden that we promoted; we had stopped leaks and all that kind of stuff. But the thing I learned was that water is available. It's just at what cost. You . can get it; you can get potable water. But it's just the matter of you know, how much you're going to have to pay for it, what's available. MR. HOPKIN: One thing to add is our project,part of the report or article from this morning was that, you know,it's as if it's going to happen on Day One, and it's not. It's taking us many years to develop this. So if that happens five, ten, and twenty years from now where water becomes more critical,then CWRM who gave the authorization for HWS to give us the will-serve letter,we'll have to look into those different alternatives,including conservation, grade, water, all the kinds of things; or tap into another aquifer. We understand that certainly could be something that happens one day. But it certainly not going to happen without our numbers. MR. YOSHIMURA: We would hope that the water service will be proactive. In looking to see what's happening; what kind of needs are either increasing, decreasing, staying the same, or what have you. And then plan for the future. Because really, I mean, it's kind of their responsibility. MS. KAGIWADA: Okay, and just my last question on this. I know you have the one-acre Ag lots and the 10-acre Ag lots also planned. When you factored in the water, was it to do like actual real Ag for all those lots, or what was the water request for those parcels? MR. YOSIMURA: You know, I don't even know if we—didn't we request water for those sites? Okay, I'll toss it to them. But a lot of those A-10 lots, you know, some of that property is for renewable energy, for solar. So,it's not necessarily something that's going to need water. Anyway, John. Page 20 LAAC-30 September 1,2026 MR. PIPAN: Thank you, Council Member Kagiwada, for your question. Hawai`i Water Service took a look at this. They came up with their own demand estimates for the land uses that we're requesting. They took a very conservative look at their estimates, and they did count on the 10-acre Ag lot; 26 of them, multiple units per lot. And the total just for the 10-acre pieces is over$780,000 gallons per day, which is the vast majority of the entire project's water demand. MS. KAGIWADA: Okay, I just wanted to check on that because I didn't know if they had been thinking there would be a lot of like single gentleman farmers on 10 acres not really needing much, or if they had really looked at the bigger possibilities are. MR. PIPAN: Yes,they took a very conservative look at the sizing of their system to ensure that they can supply in worse case scenarios. MS. KAGIWADA: Okay, thank you so much. I'm going to let my other colleagues jump in here,but thanks for answering my questions. CHR. KIMBALL: Alright, to Council Member Villegas. MS. VILLEGAS: Sure. Thank you. I want to start by saying thank you for meeting with me before this and for the extra time and attention you have paid to meeting with community; talking to different organizations that are already very involved in the Waikoloa area. All,I think right steps to take as a developer coming in, especially, with a development of this size,magnitude, and impact. As one of the testifiers mentioned,the potential to increase the population by 30 percent in Waikoloa. I also want to thank the testifier who came forward and talked about water. I myself am still very frustrated and disappointed. Perhaps it's lack of funding. I am being told that the Department of Water Supply is coming into the 21st century when it comes to having scientifically accurate, data-driven technology forward, authentically accurate numbers of what the water is here. I remain disappointed. I don't remember if it was in my first or second term that we had them here and we asked questions. We still don't have a Water Use Development Plan. One of the holds up there relates to impacts of aquifer; tapping into aquifers and the way that impacts our cultural practitioners and cultural sites. Those including alkaline ponds. So, I'll humbly and honestly tell you that `Anaeho`omalu Aquifer throws up a red flag for me. That area of the coastline is blessed with hundreds of alkaline ponds and ecosystems that are already inundated with stressors related to climate change, sea level rise, human impacts. Page 21 LAAC-30 September 1,2026 So, water is going to be the tipping point for me here. I highly respect the testifier that came in spoke about the aquifers and his vast knowledge of cultural,historical resources on this island. And talking about Oahu, glad you have that experience. Quite frankly,they get an"F"because nobody listened to their head of Water Supply when he was saying the Navy was poisoning their aquifers. So, maybe at one point they had enough water. But now,they're in dire straits, and they're being left with the price tag because the U.S. Military is not stepping up, leaning in paying,not only the people but the cleanup. I have serious concerns about our water here, and everybody's scrambling to get it; to secure it. You can't live without it. It is identified as a resource protected by our Constitution for everyone. It also concerns me, and I appreciate your honesty. Sure,if you've got millions or billions,you can make water out of sea water; you can do all kinds of things. But the people in my district, that just didn't even have water because our electricity was down, and that runs our pumps. A woman, a friend of mine that just had a C-Section, a nine-day old baby. And she could do five days without electricity,because she knows how to camp. But once there's no water, she had to go stay with family. So, these are really pointed issues to this place. And as we are looking at another,right now it's before the hurricane heading in, and we still don't know the potential of what's coming our way. So,these are the reasons. I know you're saying,this is 20-years out; this is whatnot. But I'm trying to hold myself personally accountable for the decisions we're making here. I feel responsible for seven generations out,right, and how that changes the footprint in Waikoloa. So, I'm not sure where this is going to go. You know, I do try and honor the Council Members and their district,but there are serious concerns about fire. I appreciate the statistics that was brought forward and the amount of time for the Lahaina fire and how it spread in that small space, and that being the whole space of Waikoloa Village. So, we're in a quandary here and a tipping point. As much as we need housing, this is a massive project. So,I'll yield at this time. Just wanted to honestly share my concerns. MR. YOSHIMURA: Council Member,thank you. Those are very important issues to us as well, and we want to be part of the solution,which is why immediately after the Leeward Planning Commission,we went and sought out the WSA and said, "Hey, we agree with you. We know you oppose our project, but we agree with you. How can we help?" So,we met a week after that. They were great; they gave us a terrific tour. Page 22 LAAC-30 September 1,2026 We talked about a little bit about what we could do. And although we haven't really talked much since, that line of communication is still open. And there's some good will between us. So, I think that's where it begins. You know, if there is a way we can be part of the solution, we definitely want to do that. Water, as well. I really like what you said about, you're responsible for seven generations. I never really thought of things that way, and that's really cool. I like that. You know, this water issue is for me, a little complex and technical. We rely on our experts. And I just wanted to say that I can appreciate what you just said. MS. ATON: In the discussions of the Keauhou Aquifer, what we learned was then we went down to the National Park and helped to steward the lands by cleaning up,pulling weeds; talking about how can we collaborate around best practices of stewardship of our resource. We learned a lot in the discussion as we labored together,both the Mayor's cabinet, CWRM came along; we invited them to come; committee members as well as we made sure we were with the leaders of the National Park. What we learned together was that the National Park could do some of their own stuff better. We as a community could also voice our understandings, as well as asked practitioners, "Where is your role in this?" And the cultural role too. So, there was just a lot of more enriched conversation that came of that. When we look at this particular issue today that was raised in the article, when I was working with Water Supply,what we learned was that potable drinking water is a really specialized engineered product. Ag water is something that does not need that high level of engineering. I was talking with John Pipan saying,you know,the problem solving around these concerns means that we look at where those boundaries are,if there is a 24 MGD boundary that our property sits on this side, could we do an Ag well that could take the overall 1.29 MGD and say the drinking water would come from our drinking water purveyor of Waimea Water Associates, or whatever the purveying company is. The Ag water is from a different aquifer but for very important use of food sustainability; the food of community gardens, all the efforts with the Forest Initiative, etcetera. But we'd be more akamai,more intentional in where is our drinking water; under domestic user, and where are these Ag waters coming from, and what kind of plants? And what sustainable efforts can we be making in conservation campaigns, educational campaigns in collaboration and understanding with the latest numbers. No matter what those numbers are, what do we have on the books? Page 23 LAAC-30 September 1,2026 I think it's these richer conversations that come from a stewardship mindset, imbedded in a way that we've always looked at our resources as practitioners and keepers of our precious resources. I mean the first job at Water Supply was changed; the motto, "From water brings progress." That was the old motto. Milton Pavao said, "Kanani, that's not where we want to go anymore." We want to protect our resources. And our Board Chair wants to change the motto, and we completely agree. What I did was work with the people in the department; work with the community and the board, and we changed it to, "Water, our most precious resource, Kawai Akane." And we integrated the whole chant, Kawai Akane into that motto for the Department of Water Supply. Government needs to become more sensitive to the wisdom that lives in the land and in the people. And that's why I'm on this team,is because my children live in Waimea and Waikoloa. One was in his truck working out at the hotel security for years. And I really mean it when we need workforce housing. I really mean it when we need to have my granddaughter, my daughter, her Kane in affordable housing with access to community gardens. And her Kane being a poke chef of incredible expertise at the Waikoloa new poke shop. You know,I really mean it when are people are ready to step up. Our people are trying to work. And I'm trying to educate our develop community to understand this delicate balance,right? So, we are with you in all of these questions. We are tracking with you too. That's all I wanted to say. CHR. KIMBALL: Alright. Anything else? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Ms. Aton, I remember you from the Waikoloa Land Company discussions when we were in here with the last big subdivision. You're very good at what you do. Sustainable yield, after many years of listening to everyone come in and tell me there is plenty of room in the aquifer, I had the pleasure of meeting with Johnathan Sure, who's pretty much a genius in the whole discussion. He has written books on it. When you talk to him on the Zoom meeting,he's got the equation for sustainable yield right behind his head. That's what he does. He was in the discussions with Maui. And he was on the Water Board at the State level, correct? He's a smart man. He basically broke it down and said, "No human being can actually break down sustainable yield,because we just don't understand it well enough." So,we can have this discussion all day long about sustainable yield,but reality is, we do not understand what we're doing to the aquifers. We don't understand the aquifers, and we can't actually see them. Until we do so, then we can have a real solid discussion on how much units of development can be sustained by the water usage in certain areas. Page 24 LAAC-30 September 1,2026 Just logically, when I look at areas like Waikoloa, I scratch my head because the land is just bone dry. But I hear we have the most potable water and aquifers under that area than anywhere else on the island, which just doesn't logically track at all. I have family who lives in Kailapa, who can't get any County water or any water resources at all because DHHL (Department of Hawaiian Home Lands) can't do it, or because every time they tap well, they get brackish water. So, appreciate the conversation,but as you are here with the applicants, I'm going to look at you as being a proponent of the applicants. So,if we're going to have sustainable yield discussions, we should probably have them with someone who is not part of the applicants' group,if you will. How many units are we looking at here? MR. PIPAN: So, we planned in our conceptual master plan, 675 units; 400 of which are multi-family; 275 are the Family-Agriculture one-acre or larger lots. MR. KANEALI`I-KLEINFELDER: Okay. how much water does an average unit take? MR. PIPAN: So, Multi-Family is penned at 400 gallons per day (GPD)per unit. Hawai`i Water Service applied 1,200 GPD for the one-acre lots. MR. KANEALI`I-KLEINFELDER: So,total? MR. PIPAN: Total is 180,000 for the Multi-Family; 330,000 for the one-acre lots. MR. KANEALI`I-KLEINFELDER: So, about 510,000 per day? MR. PIPAN: Yes,plus the 10-acre Ag lots are 780,000 GPD. Grant total, 1.29 MGD. MR. KANEALI`I-KLEINFELDER: So, 129 MGD. MR. PIPAN: So, again,this is a very conservative planning estimate by Hawai`i Water Service. It represents their engineers' work case scenario. If you look at what permitted capacity verses pumped use,they never come close to the permitted capacity. And that's what we're seeing here. We're not anticipating to ever use anything close to 1.29 MGD,but this is what Hawai`i Water Service has to use to be confident that their system is basically,bonk. MR. KANEALI`I-KLEINFELDER: Understood. That's right now with the plan you're walking in the door. In 20 years,you could come in and say,hey we want to build this out a little bit more. We want to come in for a rezone. Page 25 LAAC-30 September 1,2026 We're going to increase, and that's up to a different Council and probably a different us,because we won't be here. That's your right-now plan, correct? MR. PIPAN: Correct. MR. KANEALI`I-KLEINFELDER: How much open land are we moving into Residential style or build out? MR. PIPAN: So, Open to Residential,I would have to do some hard math, because the Highlands map was very kind of lobular and convoluted. I have that in my notes and don't have it at the top of my head. But I can say in our conceptual master plan and in the rezone before you, 111 approximately acres are zoned as Open. So,that is official and it restricts the uses, and it lines up with what we were partnering with the Dry Forest Initiative, and Trails;Dry Forest Restoration, Public Uses, and Open Space. MR. KANEALI`I-KLEINFELDER: How much of the current project land is zoned Open? MR. PIPAN: Currently? Again, I would have to check my notes. I don't know off the top of my head. MR. KANEALI`I-KLEINFELDER: Another thing I've picked up in eight years, anytime you're moving from Open to developable,that is a huge change. That is a big ask. And you go from Open to Multi-Family dwellings,that's big. So,to come into that ask, I mean just noting that. To this body,that's not a small ask,that's a big ask. I heard so far, we're moving towards renewable energy. And you had me,but as I listen to the story; you know,there's the story, there's the concept, and then there's the actual build. What is the renewable component here? And I got 10 years in solar, specifically, so I'm looking for something good. I like the projects in other areas. But I'm trying to figure out what that means and how that ties into the project, and why it's important to the project and getting a rezone on top of your State Land Use request. MR. YOSHIMURA: You know, we wouldn't have to rezone for solar. I mean, you could put solar on pretty much any land in Hawai`i,right? But what we wanted to do was, we wanted to include these areas. Because we didn't want to leave it with no zoning. One of the difficult part of our job when we bought this property was, we had to clean up a lot of the mistakes that our predecessors made. At one time,you Page 26 LAAC-30 September 1,2026 know, this property was State designated Rural. From Open and AG to State Boundary Rural, alright. And that was to build a 400 one-acre lot development, and with a golf course. Now, what happened was, after the State redesignated as Ag to Rural,the developers and landowners came to the Council and said, we want to go from I think,it was A-5 or A-10 to RA, 1-A,Rural Ag Lots, one acre. So,the Council rezoned it to RA, 1-A, okay. Because the developer didn't satisfy State Land Use Commission conditions,the State Land Use Commission reverted their Rural boundary designation and went back to what it was before, Ag and Open. But we were stuck with the RA, 1-A, which is incompatible with Ag. So, we had a lot of discussions over, you know, how do we move forward? Do we go to the Land Use Commission? No, we didn't want to do that. So, we wanted to exist within the Ag designation. And that's why needed to go to RA, 1-A, to FA A lot of the things that we have been doing over the past couple of years had to do with trying to figure out how do we get to a point where this property can be developed into anything? You know, whatever it is that the community came and said, we need housing; we need this,we need that. We needed to find a way to get it rezones. But how do we do that? So that's why we're here before you, trying to get that RA-1-A rezoned to FA because that's compatible with our current State Land Use Boundary amendment. With regard to the solar, renewable energy, as you know,these grid scale projects have to go through an RFP (Request for Proposal)process. The last RFP was more than two or three years ago. So,you know, we were waiting for a new RFP to come out. And that new RFP just came out, I think, about two weeks ago. So, now,people are looking for land and that kind of things. So,we are in discussion with some renewable energy developers to use a certain portion of our property to build a solar plus battery storage project. You know, which are very popular now. But then again,we don't have a firm commitment that they're going to build. They have to win the RFP. MR. POPKIN: We're in a Letter of Intent Agreement with a solar developer that's going to apply to apply for this next RFP for a 30 megawatt project on 200 of our acres. MR. YOSHIMURA: They need that for site control. Page 27 LAAC-30 September 1,2026 MR. KANEALI`I-KLEINFELDER: Is it for the development, or is it for the feedback and the energy production and the income stream? I'm trying to correlate why you're doing renewable energy. MR. YOSHIMURA: Well,basically,we as the landowner would enter into a lease with the developer so that they can have site control over the history of the project. Whether it'll be 20 years plus maybe a five-year opportunity to extend the contract. MR. KANEALII-KLEINFELDER: For your renewable energy developer. MR. YOSHIMURA: Yes, we would just be the landowners. MR. HOPKIN: To be clear,literally,in the last few days, we've signed an agreement, a Letter of Intent to lease 200 of our acres to a solar developer to participate in this next RFP with HECO (Hawaiian Electric Light Company)to tie into the grid. So,that's what we're doing;_200 of our acres. I'll show you where it is,but it's designated. MR. KANEALI`I-KLEINFELDER: Okay,thank you. That makes sense. Okay. I'll yield for now,but come back to me, though. CHR. KIMBALL: Thank you. Anyone else? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just want to appreciate all the effort that's gone on to engage community and evolve the project that's come before us. Love everything that we're heard so far,the concept of a fully integrated community where there's the food security; there's the energy component. John, you said it earlier, creating a sense of community, a sense of belonging. I think that's so important. And it's at a critical place where I know for many people that live on the East side,they travel Saddle Road daily to go work and serve on the West side. Because there's a huge kind of hospitality industry and component there. Having housing closer to where folks work,I think is very important. I think what gives a lot of members on this body pause is, it's in a very dry area of our community. And you can refer to a will serve letter from Hawai`i Water Service Company, you can tell us all day long,you believe that there's going to be water there. I think it's really important that we have a third party, as many of my colleagues have mentioned here today, to come the Council so that we can ask questions of the individual. Maybe not even at the Hawai`i Water Service level. But I'm curious if—I don't know who their overseeing body is. If it is CWRM, if it's PUC (Public Utilities Commission). If they're sending out these will-serve Page 28 LAAC-30 September 1,2026 letters, who is doing that calculation to insure that they haven't maxed the capacity of water commitments for the area. So, is that an answer that you guys can provide today. Who would be that like oversight body on the State side that keeps the private water company accountable that we could ask questions of? MS. ATON: So, the enforcement and overseer is the Commission on Resource Management, and it's part of State Water Plan that has five components, one of which is Water Use and Development Plan that looks at the projections for each aquifer. So, yeah, it would be the commission, CWRM. MS. KIERKIEWICZ: Great. Is that something you can do,is facilitate them being here at the next time this body convenes so we can ask questions? MS. ATON: I'm not sure. John Pipan? MR. PIPAN: We can certainly ask. MS. KIERKIEWICZ: Unless the request needs to come from the Council. MS. ATON: Maybe. MS. KIERKIEWICZ: Okay. MS. ATON: When we think about Ag versus potable use, which is the engineered water from the purveyor in Waikoloa. We could look at the drinking water uses as .29 MGD or million gallons per day. That's the under-roof domestic use. The Ag use could be from the other aquifer that we're straddling at this point and use that water for the Ag water use and not purveying or drinking water use. I mean that's another strategy. What I mean is, when we look at how we manage our resources from a community based perspective, and the best in science has to offer, from our side,we should be thinking harder about where is this water going to come from, and why should it come from a red-flagged 16 MGD,bumping into possible sustainable yield, when we can go to another right there that our property is sitting on the border of and do better by, what are the Ag water use needs. We could do that too and float that to the commission as well. Because when you think about it, it's like two cups next to each of water,right? And you put a straw in one, which is what Waikoloa water service already has for their existing system. We could do an Ag straw in the other aquifer and produce those Ag water uses from there. That could be a possible solution. Page 29 LAAC-30 September 1,2026 MR. YOSHIMURA: That sounds like a great solution if you were God and you could run everything. But we're kind of at the mercy of Waikoloa Water Service. They're the ones that's going to give us water. You know, I have asked, do you have treated water that we could use as part of this take from you. Because we don't obviously need it to be all potable water. If Waikoloa Water Service did provide treated water, then we could buy that instead and make our take from the potable water less, we're kind of at the mercy of the company. MS. KIERKIEWICZ: Yeah, I can appreciate the difficult position you folks are in now,but I think it's important for us to talk to those entities at a later date. On the housing component, is there a specific calculation of the units you are setting aside for affordable or workforce? I know that was something in your opening comments that you said you want to make sure to prioritize. So, I don't think I heard actual percentages or numbers. Is that something you're prepared to share today? MR. POPKIN: So, the inclusionary requirement for this project is 20 percent affordable. So, 20 percent of the entire 675 units would be the affordable credits that we're responsible for. So, 135 credits affordable. MS. KIERKIEWICZ: Okay, thank you. Thank you for being here. CHR. KIIVIBALL: Thank you, Council Member Kierkiewicz. Coming back to Council Member Villegas. MS. VILLEGAS: Just a quick question. You said 135 units or credits? Okay, what I learned is, that doesn't mean 135 homes. And when it comes to credits, we have unfortunate history on this island relating to affordable housing credits. We currently have$9 million or some radical number in affordable housing credits out there. So,I guess my question would be, is your intention to actually build these affordable housing units or to buy credits? MR.HOPKIN: So our intention is, well it's a great question. Obviously, our dream is to take 400 of the Multi-Family units and take within those 400, 135 affordable units. However, as you know, Chapter 11 does provide different alternatives. For example, we're talking right now with a nonprofit affordable housing developer, who would love to do more than that because we have a lot of extra land right next to this where you could maybe do another project or maybe donate it to the County or to a nonprofit. So, it's a little early, we're trying to get an approval; we have engineering; there's so much to do after this approval,if we're lucky enough to get it, that's going to be part of our process to figure that all out. But our intentions, certainly, is to build it within the Multi-Family units. Page 30 LAAC-30 September 1,2026 MS. VILLEGAS: Okay, all key questions,unfortunately, historically, sitting up here,I've seen a litany of circumstances and developers that have given land to the County to build, and that land was in a flood corridor; or you know, Waikoloa Land gave hundreds of acres for affordable housing, and they're still cleaning up unexploded ordinances and haven't been able to build affordable housing on that land for decades. So, we unfortunately, in our County have a history of just saying, "Okay, sure." But we've been screwed, and our people have, which is one of the reasons we're in the positions we're in. So, thank you for your diligence and your patience. And sorry, thank you, and you're welcome. Because seven generations from now. I also want to express my appreciation for Kanani, and you listening to her wisdom. And the inclusion of cultural practices, and honoring those things. That is a role that you get to dance,you know, sometimes on a very fine line. But my concern here,because another thing I witnessed here,people buy big pieces of land, come in with too good to be true beautiful,telling us, there's going to be solar,there's going to be food hubs; we're going to donate to this, that, and the other. As soon as they get the zoning changes,boom,that property is on sale. And they can sell it for tens of millions of dollars over what they actually bought it for. So,I just have to sit here, and that's why we're vetting you. MR. HOPKIN: Can I say one thing about that? I mean,listen, what's been so interesting to me, and I'm from New Jersey and we build a lot of affordable housing. We have a great State Finance agency that helps with incentives, because affordable is very difficult. MS. VILLEGAS: Thank you for your creativity. MS. POPKIN: Also, what blows my mind on the Big Island, is you know, when we came and first met with Mayor Roth,I think it was 10,000 housing units short of local needed housing. Like people need 10,000; 20,000 units, the number we need here. But when you really get into the weeds of taking a property like this,particularly ours, which has all kinds of constraints. We have drainage issues where there's flooding at the Pua Melia intersection with the traffic light. We're going to have to fix that. That's part of what we talked to Council Member Hustace about. We have a hilly site. Have to cut the roads, I mean there's a lot to do. Then on top of that, you have an affordable requirement. So, it's a difficult project to develop and build. And that's why, I believe,it's so hard to get these housing units done. But at the end of the day,if you want more affordable housing, you have to create more supply of housing. I mean that's literally, a problem. Page 31 LAAC-30 September 1,2026 I respect your environmentalism, I really do, and I understand it's a balance always. I'm from New Jersey, so understand housing and how much housing can be detrimental to the environment and so forth. But in this case,I truly believe we're doing the best we can with the constraints to offer something to the community that's special,that's different, that we take to heart to your point about the water usage. What I meant was, as its built down the road. We wouldn't be able to build if there's no water. I mean at that point,you wouldn't be able to build the next 100 Multi-Family units,let's say. So, to me, it means that as CWRM and Hawai`i Water Service continue to look at this issue and whether or not they designate water supplies down the road that are sensitive and running out of sustainable water. That's going to be what we're going to deal with. I mean, we won't be able to build those units, which is what could happen. And that's not only for us it's for the whole region. And do you then start conservation, and gray water, and designating water supply; and all those things that a lot of people on the mainland have done in areas where you end up with low water? So, we appreciate that and understand that. And we're just here to,if we can, try to help with this housing deficit. We're not going to make as big of an impact as we could in the whole highland,but it's a relatively small amount of housing in an area that needs it. MS. VILLEGAS: I appreciate that. And just to explain from my side, it's not just from the environmental standpoint, it's the historical standpoint. We've been told for decades that we just have to build more houses in order to build ourselves out of this housing crisis. But the paradigms that the homes are being built in and the way they're being purchased. And then they get flipped and flipped again. And we just end up in the same scenario with more houses that aren't affordable to the people that live here. So, that is the struggle that we are trying to navigate, which is why the questions about, are they just going to be affordable housing credits? Are they actually going to be units on the ground? How long do they stay within that,because we face that and have to make a lot of decisions. Something staying affordable for 15 years and then they can sell at market value. We end up in the same place 15 years from now. MR. POPK]N: I will add one thing to that. We've been working with Chair Inaba and he said to me when I talked to him about it,point blank, we've been screwed before,people build all the market and suddenly disappear. We've been working on an amendment to have increment similar with the market rate, which I think is a very fair alternative if we build 10 units at market; we have to do two affordably;build 100, you got to do 20. And that's a fair approach to Page 32 LAAC-30 September 1,2026 this. Because that would signify—I said build; it might be credits; it might be build. I mean, I don't know how it works out in the end depending on the plan. MS. VILLEGAS: Well, I would highly encourage you to build them because the credits are a dime a dozen right now. Anyway, I'll yield at this point. It's late in the evening. Alright, thank you gentlemen, I appreciate it. CHR. KIMBALL: Alright,back to you, Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. This may be a question for you or Director Darrow. Fair Share contributions, what is your plan for Fair Share contributions? Jeff, did you review the Fair Share for theirs as well? MR. DARROW: This one was done earlier, so it has that$17,000 for the Single-Family. MR. KANEALI`I-KLEINFELDER: I'm going to ask the same thing,please review. MR. DARROW: Additionally,this one applies both to Single-Family and to the Multi-Family. So,both apply. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. And was there a set contribution form; land,parks, finances that's been discussed already? MR. DARROW: I mean, that's a part of that as far as the Fair Share. Is that what you're asking? MR. KANEALI`I-KLEINFELDER: Fair Share can be anything, correct. They can be a dollar amount or it could be contributed land. MR. DARROW: It could,but it does need to come to you folks for approval on that. MR. KANEALI`I-KLEINFELDER: Okay. And then the last one which is heavy which I didn't ask about yet. The Urban part. Urban allows for different things to happen. Right now, they're in Rural, correct? MR. DARROW: They're in Agriculture. MR. KANEALI`I-KLEINFELDER: Agricultural and moving into Urban, which is the Land Use amendment. MR. DARROW: Just for a very small portion of 14.8 acres for the Multi-Family. • Page 33 LAAC-30 September 1,2026 MR. KANEALI`I-KLEINFELDER: The ADUs (Affordable Dwelling Units) are allowable in that section then? MR. DARROW: They could be,but you're doing Multi-Family. Multi-Family is super high density. So, their density is far greater than the ADUs. MR. KANEALI`I-KLEINFELDER: Okay. And then they couldn't do what they wanted to do without getting the Urban classification for State Land Use, correct? MR. DARROW: They could not do Multi-Family without the Urban. MR. KANEALI`I-KLEINFELDER: Okay. MR. POPKIN: The density on the 400 units is approximately 10 buildings with 40 units each. So, I don't think it would be possible to do ADUs on that space. It's very tight. And there's a clubhouse too. MR. KANEALI`I-KLEINFELDER: Okay. And that doesn't apply to the one acre Family Ag? MR. DARROW: Correct. On State Land Use Agriculture, you cannot do ADUs. MR. KANEALI`I-KLEINFELDER: There is the lingering question of the fire. What I heard was, we met with them. We understood their concerns; we appreciate them. So actually,I don't want you to dig into it too much. The only thing I'd point out is, whoever approved the existing town of Waikoloa approved a one-way in, one-way out town with a huge amount of density that's relying on the same aquifer that you folks intend to tie into and never too care of it. So, I appreciate you saying that you're going to have two ways in. The questions that we bring forward are because we've learned the lessons, and we learned them statewide. So, when we see the projects, you're bringing in if we don't ask the right questions and make sure that you're being held to the standard that we built into our Code because we learned our mistakes, then we failed. So, I appreciate you saying we met with them and talked to them,because you guys really got to design that community well in order to not create,like you spoke about Lahaina. But the reality is Waikoloa is just waiting. That's why Matt(Testifier Matt Chalker) is so—he's like a one-hit wonder. He's been in here for the last two years coming to bug us about the fire safety Page 34 LAAC-30 September 1,2026 net that we're supposed to be building. That is our role as government. And for what you're asking for, what you're going to build and where you're building it and the density you're increasing by and what's already existing in the area, there is a concern. That's what Mr. Hustace brings up all the time and Matt brings up. So,you guys got to address that well. Take that nice government answer, "Yoh, we met with community, we appreciate their concerns." MR. YOSHIMURA: Like I said, I think the best thing we can do for the wildfire issue is to be responsible stewards of our land and not make it so that our property is wildfire fuel. So, from Day One, we've been working on fire breaks. We have a fire break up mauka of our property. We worked with DOT (Department of Transportation) to widen those fire breaks, subsequent to Lahaina; worked with WDFI (Waikoloa Dry Forest Initiative)to create new fire breaks on our property. Part of the Leeward Planning Commission's conditions for our development is to put up another siren in that area so there's more notice to people. So,you know, we don't have it within our wherewithal to go build a new road for the community. I don't think anybody's asking us to do that. I think the best thing we can do, again,is to support their effort in whatever way we can, and we hope to do so. You know, we try to do so. But we really wanted to eliminate this property from being something that could catch fire. Because right now,it's dry,it's undeveloped. We want to put in roads that's going to split up the properties, so you know, there's natural fire breaks. Waikoloa Village is a Fire Safe community. There's certain things that come with that to get that designation, and we want to do that. We've already pledged that we want to work and get that Fire Safe Community label. And so, I mean, we've kind of done what we said we were going to do, okay. If there's more, we can do, let us know, we'll try to do it. MR. KANEALI`I-KLEINFELDER: Okay,thank you. CHR. KIMBALL: Alright. Council Member Hustace. MR. HUSTACE: Thanks, Chair. Thank you for the questions. And I know and appreciate the attendance from community members to talk about this. And I've had this conversation with Mr. Pipan,Mr. Yoshimura, and the team on this. It's just that, what's known in the Leeward communities and the high risk of fire; and all of our Leeward communities. Page 35 LAAC-30 September 1,2026 I mean, that's why in the previous budget cycle I put$2.5 million in the Capital Budget to go after a design study for an arterial road for Waikoloa Village. It hasn't happened. You know, sometimes I still have conversations with Administration. And that's why I've also moved$2 million from our reserves into the Capital Budget to tackle some of these Capital Budgets we have,just lingering and languishing on the list. So, it's important for me to take those community concerns and drive it through our budget cycle through policy, those sort of things. The State is working on in partnership with Goodfellow Brothers on that second egress road for the north end of Waikoloa Village. That is something that is happening as we speak. I know it's not the solution, and I'll answer the community. Because as the community grows, I mean, we have County properties on the North side of the Village. Waikoloa Heights is doing their thing on that side, which we will see again in this space. But, you know,we're seeing development in that area. So, that's why I took that stance early on in my role here in this seat next to all of you, as I saw that there was an issue and we need to drive it through our budget cycle and also through policy. And there's definitely more to come on that policy side. So, Chair,I don't know how you want to handle this in terms of the discussion of amendments for the rezone application and that proposal with Bill 187; to have further conversations about some of these intricate pieces that we've been talking regarding affordable housing, wildfire preparedness, and another issue, as the consultant and the team already know; the developer know, and the landowners know about, that I wanted to bring up as well. So, Chair. CHR. KIMBALL: Yeah, so,I kind wanted to get a temperature check on where folks are; if they want to continue working on this today. In which case,I would suggest make a motion to table Bill 186, move to Bill 187, and then we can discuss those amendments; or if there's a sense that we need to postpone, we might as well just postpone. Motion to Table: Mr. Hustace moved to table Bill 186. Seconded by Ms. Kierkiewicz and was carried by the following voice vote: Ayes: Committee Members Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball—6. Noes: Committee Member Villegas— 1. Absent: Committee Members Galimba and Onishi—2. Excused: None. Page 36 LAAC-30 September 1,2026 CHR. KIMBALL: Bill 186 is tabled. Can I have a motion on Bill 187,please. Motion to Approve: Mr. Hustace moved to recommend passage of Bill 187, on first reading. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Motion to move Bill 187 to Council with a favorable recommendation by Council Member Hustace. Seconded by Ms. Kierkiewicz. Council Member Hustace, go ahead, you have the floor. Point of Information: MS. VILLEGAS: Can I just quickly make a Point of Information? We still have another committee, and the person who is supposed to do that presentation has been waiting in Kona Chambers for hours. So,I just wanted to throw that out there as we move forward. Thank you. Motion to Amend: Mr. Hustace moved to amend Bill 187, with the contents of Comm. 1025.2. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Hustace on the amendment. MR. HUSTACE: Sure. Thank you, Chair. First, I wanted to say and acknowledge the testimony that we've received regarding wildfire risk, evacuation concerns in Waikoloa Village. These are not new issues. I think it's important that we take seriously, as we consider additional development and in a lot of our Leeward communities. There are a number of different issues that are being raised including evacuation capacity, the need for additional access, defensible spaces, vegetation management, and the ability of homes and neighborhoods themselves to better withstand wildfires. I do not believe that any of these measures stand alone. Them, to stand alone is the answer. We need to work on all of these pieces at the same time. So,the amendment I bring before you addresses one piece of that larger picture by establishing a stronger wildfire resilience expectation for the development. It would require the development achieve, maintain compliance with the principles of the Fire Wise USA Program or an equivalent County-approved Wildfire Resilience Plan. So, rather than relying solely on voluntary action, as we've seen in other communities where it's taken up a piece at a time. As predictably seen in the Waikoloa Village Association; that voluntary action after homes have already been built. I believe we should be looking at opportunities to incorporate that wildfire mitigation into the new development from the get-go and from the beginning. Page 37 LAAC-30 September 1,2026 There's an important distinction between asking families in existing homes to absorb the cost of retrofitting communities that were built years ago, whereas establishing appropriate fire safety expectations when the new development is being planned, and designed, and thought out. I have discussed this measure and amendment with our Hawai`i Fire Department Prevention Division. They were supportive in incorporating fire-wise principles into this project. And also appreciate the developer in this agreement with this condition and recognizes the value of incorporating measures in their project. Hawai`i County does not have a comprehensive framework for addressing wildfire resilience and wildland Urban interfaced development. This is something that I continue to work on. But that work will take additional time and careful consideration. And we need standards that are effective, legally sound, practical to administer, and appropriate for the different levels of wildfire risks across our island. So,in the meantime when significant new developments are being proposed, within a community that we know faces substantial wildfire risks, I believe there's a reasonable means to establish a high expectation for resilience. This amendment is not intended to suggest that fire wise principles, defensible space, or home hardening eliminate the need to address evacuation infrastructure, not by any means,they do not. Likewise, an additional evaluation route does not eliminate the need to reduce the likelihood that homes will ignite and fire spreads through the neighborhood. So, we need to once again, work on these together. As we're been discussing here,Waikoloa has experienced significant wildfire threats and risks. And this project gives us the opportunity to build resilience into the community now rather than retrofitting later. So, my hope is that condition can begin establishing a stronger expectation for new developments in the Waikoloa area while we continue that larger conversation and larger work about improving evacuation capacity and developing a more comprehensive wildfire resilience framework for Hawai`i County. So,thank you for your consideration. CHR. KIMBALL: Thank you, Council Member Hustace. Anyone else on the amendment? Council Member Inaba. MR. INABA: Just confirming a verbal, "yes." You folks are not opposed to this amendment, (Comm. 1025.2). CHR. KIlVIBALL: Alright, anyone else? I'd actually just like Corporation Counsel to confirm that we can do this. The wording I have is, "The approved Page 38 LAAC-30 September 1,2026 plan shall be binding upon the appropriate owner and any successor owner association, or other entity responsible for maintenance of the development." Can you just confirm that that's legally allowable? (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Committee.) MS. SCHOEN: Renee Schoen, Corporation Counsel. We don't see any legal issue or impediment to that requirement. CHR. KIMBALL: We have the authority at this stage to make it legally binding to all future owners at this proposes? MS. SCHOEN: Yes. CHR. KIMBALL: Okay,just confirming. Thank you. Alright, with that, any other discussion on the amendment? All those in favor,please say"aye." Any opposed. Vote on Motion The motion to amend Bill 187 with the contents of to Amend: Comm. 1025.2 was carried by the following voice vote: (Approved) Ayes: Committee Members Hustace, Inaba, Kagiwada, Kdneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Committee Members Galimba and Onishi—2. Excused: None. Motion to Amend: Mr. Hustace moved to amend Bill 187, with the contents of Comm. 1025.3. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: On the amendment? MR. HUSTACE: Thank you, Chair. This amendment relates to strengthening of Condition K,relating to drainage and flood mitigation. So, as I've been reviewing this project, one important consideration is the recently completed South Kohala Flood Study. That study identifies Waikoloa Road and Pua Melia area as Area of Concern 2 in the flood study and confirms that there is significant runoff reaches this area from a much larger upstream watershed. It also identifies that the lack of storm water infrastructure in this area is a major contributor to existing flooding along Pua Melia and Waikoloa Road. Page 39 LAAC-30 September 1,2026 The existing Condition K already requires that the applicant address development generated runoff, and prepare drainage studies for each phase. And this amendment builds on that requirement by calling out a more comprehensive approach that considers the findings and the flood study upstream and offsite runoff, existing drainage patterns and potential downstream impacts. I also want to acknowledge that the developer has been engaged in this discussion and has supported the condition. There is an agreement that flood issues identified on or around this property need to be addressed appropriately as the project moves forward. And I appreciate their willingness to work towards a solution. The amendment doesn't'offer or prescribe any specific engineering outcome. It allows the applicant and the Department of Public Works to determine the appropriate drainage and flood mitigation measures based upon the best available information and those engineering analyses. It's intended simply to make sure that we use this information that's now available to us, which is now called a flood study and address the known flood concerns associated within and around this property. And insures that the future development does not worsen the existing conditions in that area. Just some backstory on that, the South Kohala Flood Study came out in the Spring. Public Works has been working on it for a while. And there are numerous areas in Waikoloa Village specifically, that have major flooding concerns from our Mauka watersheds. And the property in question here is between one of those two branches of the `Auwaiakeakua stream system in that watershed. In between two of the branches, so providing some context there. Thanks for your consideration. CHR. KIMBALL: Thank you, Council Member Hustace. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I like this amendment. Question for the applicant. Does Brown and Caldwell work for you any manner? MR. POPKIN: No. MR. KANEALI`I-KLEINFELDER: Okay,thank you. That's good. I really appreciate this amendment,Mr. Hustace. We have these similar issues in Puna. Basically, we have ravines that fill with water,but they're not streams. But when they fill with water and it rains, it becomes a disaster. Page 40 LAAC-30 September 1,2026 But because it's not an actual stream or river,it doesn't qualify as an actual water source. So, no one views it that way, and we just let things go until it becomes a problem, which is what we see during events like the Kona Loa, and Hurricane Lala, and Hurricane Iselle. Then we see it. So,this is actually brilliant. Thank you. I'll be supporting. CHR. KIMBALL: Thank you, Council Member. Anyone else? Go ahead, Council Member Inaba. MR. INABA: Just briefly. We were having discussions about phasing, and we couldn't figure out the phasing language for affordable housing. Yet, this amendment is using phases for grading. So,just if we can get a quick blurb as to what the phases indicate, as it relates to grading and grubbing. MR. PIPAN: So, thank you for the question, Council Member Inaba. This phase language would just pertain to what is submitted in the grading application. So, it doesn't specify number of units or area of the property. Whatever the Grading permit is talking about is the phase in this language. MR. INABA: Okay. So,if you submit one application,then that would be Phase One; and then the subsequent application for a different area would be Phase Two? MR. PIPAN: I wouldn't call it Phase, no. But for the purposes of this amendment,that would be that phase of the grading work, yes. MR. INABA: Whatever was contained within an application. So,the application would not apply for multiple phases. It would be just for one thing, and that would be considered the phase? MR. POPKIN: I think I can explain. So,this particular area—so, we're talking about, I think basically, Chapter 11. It's very clear that you can't just dump water on a neighboring property. You need to handle it yourself. So,this drainage requirement, we'll look at internally about when we're building units that would be say, flooded by water. So, we'd have to divert water at that point, which would be part of that phase. So, I think that's John's point. It's not a big P,it's a little p. We'll get into the Engineering Study to understand what point we need to build that, and how does it relate to the development, if that makes sense. MR. INABA: Okay. Nothing to do with Chapter 11 here,but I'll follow up with Council Member Hustace on this. Thank you. Page 41 LAAC-30 September 1,2026 CHR. KIMBALL: Alright. Thank you. Any further discussion on the amendment? Alright. All those in favor of amending Bill 187 with the contents of Communication 1025.3,please say "aye." Any opposed? Page 42 LAAC-30 September 1,2026 Vote on Motion The motion to amend Bill 187 with the contents of to Amend: Comm. 1025.3 was carried by the following voice vote: (Approved) Ayes: Committee Members Hustace, Inaba, Kagiwada, Kaneali'i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Committee Members Galimba and Onishi—2. Excused: None. Motion to Amend: Mr. Inaba moved to amend Bill 187, with the contents of Comm. 1025.5. Seconded by Mr. Hustace. CHR. KIMBALL: Council Member Inaba. MR. INABA: Thank you, Chair. I did have discussions with the applicant regarding certain commitments to affordable for-sale lots. We weren't able to commit to some of those. So, we're not adding on to any of the affordable housing requirements beyond Chapter 11. But this amendment does specify that within every 20 percent of the market rate, you cannot proceed on to the next set of market rate without having earned 20 percent of affordable housing requirement that was due in accordance with the first. Then, for the last 20 percent, you would need to have completed all of your housing requirement prior to commencing the last 20 percent of market rate development. This is just something that I think we will be discussing as part of our tweaks to Chapter 11. We haven't done that yet,but we do know that there were instances in Kona where we didn't get the affordable housing at all. So,this just insures that we get it, and it doesn't preload them with having to do all the affordable prior to the first market. But it does make sure that they cannot proceed pass the 20 percent mark without us getting some affordable housing. So, you folks have any comments or questions on this amendment,I did share it prior. MR. POPKIN: No, we're fine with that. I think it makes a lot of sense. That's what I spoke to you about earlier, absolutely. MR. INABA: Alright, thank you. Thank you, Chair, I yield. Ask for your support. CHR. KIMBALL: Thank you. Any other conversation on the amendment? Alright, seeing none, all those in favor please say"aye." Any opposed? Page 43 LAAC-30 September 1,2026 Vote on Motion The motion to amend Bill 187 with the contents of to Amend: Comm. 1025.5 was carried by the following voice vote: (Approved) Ayes: Committee Members Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,Villegas, and Chair Kimball—7. Noes: None. Absent: Committee Members Galimba and Onishi—2. Excused: None. CHR. KIMBALL: That brings us back to the main motion Bill 187, as amended. Any further conversation about the main bill? Council Member Inaba. MR. INABA: Yeah, I do have a question. Being that this is a larger development,have you folks consulted with the Department of Education (DOE)regarding the ability of Waikoloa schools to accommodate additional. students. MR. PIPAN: No, not at this time, formally, have we had any DOE consultation. • MR. INABA: Okay. Let's get that done. I'd like to postpone this so that we can have further discussions with perhaps somebody on the waterfront. And then hopefully,by that point, we'll have a letter from, either from the complex area superintendent or the Superintendent of the State regarding the ability of the Waikoloa school to accommodate these additional students. And we typically don't discuss that because we don't have huge projects. But this is a project that would add significant residential units there. I personally don't know what the status is of the school's capacity at this time. Thank you. CHR. KIMBALL: Do we have a motion to postpone coming from someone? MR. POPKIN: Is there any way I could comment on that? CHR. KIMBALL: Feel free. MR. POPKIN: Sorry, I was really hoping that we could come out of here tonight with a vote. And if there's something that we could do as a condition for the next reading; is it possible to do that so we could have a vote? CHR. KIMBALL: Okay,but that I thought you were going to comment on the previous comment. We need a motion on the floor regarding the postponement. I think before you can contribute to that conversation. So, Council Member Inaba. Page 44 LAAC-30 September 1,2026 MR. INABA: I guess, let me just ask. Regarding, I don't think you want a vote tonight,because I don't think the body, overall—we have questions still regarding the water, and now the school. So,not that it will die tonight. But if we took a vote, I'm not sure it would be favorable. So,I think it might be better to have this with potential amendments, we would like to figure these out in Committee and not at Council. So, I don't know how long you folks would like. And on our end, my office will take charge in at least getting Mr. (Jonathan) Scheuer, as a water resource person,to our next meeting. I did tell him when it would be,but is two weeks adequate for you folks to be able to get an answer regarding the schools and perhaps any of the other concerns that might have been expressed or brought up this evening. And that would be for September 15a'? It not,the next Committee meeting would be on October 6,both of them being here in Hilo. MR. POPKIN: As you can imagine, I flew in, I got postpone because of Lala, and I've flown in this time. But if that's what you require of me, I'll be back in two weeks. MR. INABA: You're free to join via Zoom as well. Your partner is here. MR. POPKIN: I hate to do that. It's important to be in person. I appreciate it. It's important to be in person, I appreciate it. It's important to all of us. MR. INABA: Okay, so, September 15th. Motion to Postpone: Mr. Inaba moved to postpone Bill 187, as amended,to September 15, 2026. Seconded by Ms. Villegas. MS. KIERKIEWICZ: All those in favor,please say "aye." Any opposed? Vote on Motion The motion to postpone Bill 187, as amended,to to Postpone: September 15, 2026 was carried by the following (Approved) voice vote: Ayes: Committee Members Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Committee Members Galimba and Onishi—2. Excused: None. CHR. KIMBALL: Bill 187 is postponed to September 15, 2026. Page 45 LAAC-30 September 1,2026 Motion to Remove Mr. Inaba moved to remove Bill 186 from the table. Seconded From Table: by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, • and Chair Kimball—7. Noes: None. Absent: Committee Members Galimba and Onishi—2. Excused: None. Motion to Postpone: Mr. Inaba moved to postpone Bill 186 to September 15, 2026. Seconded by Ms. Villegas. CHR. KIERKIEWICZ: All those in favor, please say "aye." Any opposed? Vote on Motion The motion to postpone Bill 186 to September 15, 2026 to Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz,Villegas, and Chair Kimball—7. Noes: None. Absent: Committee Members Galimba and Onishi—2. Excused: None. CHR. KINIBALL: With that we've come to the end of our agenda. The time is 7:06 p.m. We are adjourned. Thank you everyone for your patience in getting started and your patience for the long discussions, and we will see you again in two weeks. ADJOURN- There being no further business, Chair Kimball adjourned the meeting MENT: at 7:06 p.m. Approved: /tD//Vwp . Heather L. Kimb 1, Chair (Date) Legislative Approv s and Acquisitions Committee HK/dt Page 46