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Home My WebLink AboutRES 087 Draft 01 1988-1992COUNTY OF HAVI~' ~ ~ ~'S~ATE OF HAWAII ~;~.._ RESOLUTION No. 87 89 REQUESTING THAT ALL NECESSARY STEPS BE TAKEN BY THE STATE OF HAWAII TO ALLOW FULL INITIATIVE POWERS TO THE PEOPLE OF THE COUNTIES OF THE STATE WHEREAS, Article I, Section 1, of the Constitution of the State of Hawaii provides: "All political power of this State is inherenr_ in r_he people and the responsibility for the exercise thereof rests with the people"; and WHEREAS, Article VIII, Section 1, of the Constitution of the State of Hawaii direcr_s the State Legislature to create counties; and WHEREAS, Article XIII, Section 2, provides that each of the counties shall "have the power to frame and adopt a charter for ir_s own self-government within such limits and under such procedures as may be provided by general law"; and WHEREAS, Chapter 50, Hawaii Revised Statutes, establishes a method for the adopr_ion and amendment of county charters subject to the approval of the electors of the county; and WHEREAS, all of t_he charters of the counties of the State of Hawaii permit the electors of the county to enact_ ordinances by initiative; and WHEREAS, none of r_he county charters prohibit the use of initiative as a means to enact ordinances relating t_o land use; and WHEREAS, the people of the Counr_y of Hawaii, the County of Kauai, and r_he City and County of Honolulu have considered the enactmenr_ of initiative and/or referendum ordinances, including ordinances relating to land use; and WHEREAS, the ability of the people to enact ordinances by initiative and/or referendum acts as an important safeguard for the people, and WHEREAS, pursuant to Section 46-6, Hawaii Revised Statutes, and the general delegation of the police power, t_he counties of the State of Hawaii have been delegated the power to enact zoning ordinances; and WHEREAS, the decision of the Hawaii Supreme Court in S. Ct. No. 13286, Kaiser Hawaii Kai Development Company vs City and County of Honolulu, dated June 21, 1989, has called into question the ability of the people of the various counties of the State of Hawaii to initiate ordinances relating to the use of land, including planning and zoning ordinances; and OFFICE INFORMATION ONLY Mee[ing: September 20, 1989 Ac[ion: Approve and recommend adoption of Res. 87-89. Re: Res. 87-89/IGRC-3Q WHEREAS, various protection afforded by the Hawaii and United States Consr_itutions, such as due process, equal protection, and the prohibition against the raking of property for a public purpose without just compensation are sufficient to protect private property rights. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Legislature of the State of Hawaii is respecr_fully requested to take all steps necessary to permit the counr_ies, pursuant to their respective charters and ordinances, to enable our citizens to propose and adopt ordinances by initiative and/or referendum, including ordinances relating to the use of land. BE IT FURTHER RESOLVED that these steps may include appropriate amendments to Chapter 46 and/or Chapter 226, Hawaii Revised Statutes. BE IT FURTHER RESOLVED that the Governor of the State of Hawaii is requested to support and approve any actions of the Legislature undertaken in pursuance of this resolution. BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii transmit_ copies of this resolution to the Honorable John Waihee, Governor of the State of Hawaii; the President of the Senate; Speaker of the House of Representatives; and the Chairman of the Board, State Department of Land and Natural Resources. Dated at_ Hilo, Hawaii, this 20th day of September ~ 1989. INTRODUCED BY: / ~_ COUNCIL MEMBER, COUNTY OF HAW II COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right~}iere~f a~do~terd b the ((OU 9 CIL of the County of Hawaii on p ~D ~ 199 88 . ATTEST: ,,//,, Gam/ COUNTY C RK AIRMAN & PRE DING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO Y. HALE X INOUYE }{ KOKUBUN }{ LAI X MAKUAKANE }{ RUDDLE SCHUTTE YAMASHIRO X 6 3 Reference IGRC- 31 89 (AMENDED) RESOLUTION NO. REPORT OF THE COMMI1~cE ON INTER-GOVERNMENTAL k~~ATIONS Date: August 29, 1989 Place: Councilroom Time: 1:30 p.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Inter-Governmental Relations, to which was referred Resolution No. 87-89, reports as follows: The purpose of this resolution is to request the Hawaii State Legislature to amend the language of the Hawaii Revised Statutes to permit land use regulation by initiative at the county level, pursuant to the provisions established by the charters of each of the four counties. This resolution references the decision of the Hawaii Supreme court in S. Ct. No. 13286, Kaiser Hawaii Kai Development Company vs Citv ~d County of Honolulu, dated June 21, 1989, which called into question the ability of the :people of the various counties. of the State of Hawaii to initiate ordinances relating to the use of land, including planning and zoning ordinances. The resolution also states that the Hawaii and United States Constitutions afford private property owners protection of their property under the due process clause, the equal protection clause, and the prohibition against taking private property for a public purpose without just compensation. Your Committee on Inter-Governmental Relations voted to refer Resolution 87-89 out of Committee and to the Council without recommendation either for ar against the resolution so that discussion by the full Council may be had on the merits of initiative powers. •J !' ~~ ^\ ~ HELENS H. HALE, CHAIRWOMAN ROBERT H. MAKUAKANE, VICE TAKASHI DOMINGO, MEMBER . RUDDLE, MEMBER LA/KK IGR REPORT No, 3~ ADOPTED; SEP 2 0 1989 COPIES DISTRIBUTED TO: x Mayor x Corp. Counsel Finance Dir. Accounts Div. Treasury Div. Budget Div. Council Services x UH at Hilo Library Public forks Plans & Surveys Bldg Constr & Insp Traffic Safety Sewers Legislative Auditor x Planning Police Dept Fire Dept Parks & Rec Personnel Prosecuting RESOLUTION N0. 87-89 Date Distributed: X9/22/89 RCSSGLL S. KOKCBUN ~ bwman k PresiJ ing Oinre~ V [RLC K I~\I ia1 hainvnman i_ini nt~.i ,.r Ha.raii Ha;caii C.~i:nrl BuiLiin; '~ auruni Start September 25, 1989 Governor John Waihee State Capitol Honolulu, Hawaii 96813 l":AK.ASHI DO".tIAGC~ r+r_3_~~~ H. Ft ~.t Li>RRAItiG R. 1~:OCYE ROBERT' H..`.tAnCAK:A:~E H:ARK1'S. KC J:'~_:_ Enclosed is a copy of amended Resolution 87-89 which was adopted by the Council of the County of Hawaii on September 20, 1989. The change is on page 2 of the amended resolution and requests amendments to Chapter 226 instead of Chapter 225. ~~ ~/ ,John A. W~ r COUNTY CLER Encls. Copies also sent to the attached listing. Copies of Resolution 87-89 were sent to: Governor John Waihee State Capitol Honolulu, Hawaii 96813 Senator Richard S. H. Wong President of the Senate State Capitol, Room 003 Honolulu, Hawaii 96813 Representative Daniel Kihano Speaker of the House of Representatives State Capitol, Room 335 Honolulu, Hawaii 96813 Mr. William Paty, Jr., Chairman Department of Land & Natural Resources Kalanimoku Building 1151 Punchbowl Street Honolulu, Hawaii 96813 Periodicals Department Main Library University of Hawaii at Hilo 1400 Kapiolani Street Hilo, Hawaii 96720 Mayor Corporation Counsel Planning Department COUNTY OF HAWAII STATE OF HAWAII RESOLUTION No &~ 89 REQUESTING THAT ALL NECESSARY STEPS BE TAKEN BY THE STATE OF HAWAII TO ALLOW FULL INITIATIVE POWERS TO THE PEOPLE OF THE COUNTIES OF THE STATE WHEREAS, Article I, Section 1, of the Cons*_i*_u*_ion of *_he State of Hawaii provides: "All political power of *_his State is inherent in t_he people and t_he responsibility for *_he exercise thereof rests with the people"; and WHEREAS, Article VIII, Section 1, of *_he Constitu*_ion of the State of Hawaii directs r_he State Legislature to create counties; and WHEREAS, Article XIII, Section 2, provides tha*_ each of the counties shall "have the power to frame and adopt a charter for its own self-government within such limits and under such procedures as may be provided by general law"; and WHEREAS, Chapter 50, Hawaii Revised Statutes, establishes a method for the adoption and amendmenr_ of county char*_ers subjec*_ to the approval of the electors of the county; and WHEREAS, all of the charters of the counties of *_he Sta*_e of Hawaii permit the electors of the county to enac*_ ordinances by initiative; and WHEREAS, none of the county charters prohibi*_ the use of initiative as a means to enact ordinances relating to land use; and WHEREAS, the people of the County of Hawaii, the County of Kauai, and the City and County of Honolulu have considered *_he enactment of initiative and/or referendum ordinances, including ordinances relating to land use; and WHEREAS, r_he ability of the initiative and/or referendum ac*_s as the people, and WHEREAS, pursuant to Sectio Statutes, and the general delegation counties of the Sr_ate of Hawaii have enact zoning ordinances; and people to enact ordinances by an important safeguard for n 46-6, Hawaii Revised of the police power, t_he been delegated *_he power to WHEREAS, the decision of the Hawaii Supreme Cour*_ in S. Ct. No. 13286, Kaiser Hawaii Kai Development Company vs City and County of Honolulu, dated June 21, 1989, has called in*_o question the ability of the people of the various coun*_ies of the State of Hawaii to initiate ordinances relating r_o the use of land, including planning and zoning ordinances; and WHEREAS, various protection afforded by the Hawaii and United States Cons*_itut_ions, such as due process, equal pror_ec*_ion, and the prohibition against the *_aking of proper*_y for a public purpose without just compensation are sufficient *_o protect private property rights. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Legislature of the State of Hawaii is respectfully requested to take all steps necessary r_o permi*_ the counties, pursuan*_ r_o their respective charters and ordinances, to enable our citizens r_o propose and adopt ordinances by initiative and/or referendum, including ordinances relating to *_he use of land. BE IT FURTHER RESOLVED that these s*_eps may include appropriate amendments to Chapter 46 and/or Chapter 225, Hawaii Revised Statutes. BE IT FURTHER RESOLVED tha*_ the Governor of *_he State of Hawaii is requested to support and approve any actions of the Legisla*_ure under*_aken in pursuance of this resolution. BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii *_ransmit copies of this resolution to the Honorable John Waihee, Governor of the Stare of Hawaii; r_he President of the Senate; Speaker of the House of Representar_ives; and the Chairman of the Board, State Department of Land and Natural Resources. Dated at Hilo, Hawaii, this 20th day of September ~ 1989. INTRODUCED BY: COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right~hepregf a~o~terd b2vo he ~ O $ 9 CIL of the County of Hawaii on ATTEST: ~~ L~ ~ ~ . ,~~~~ COUNTY C R~AIRMAN & PRESIDING OFFICER V '- COUNCIL MEMBER, COUNTY OF HAWAII ROLL CALL VOTE AYES NOES ABS EX DOMINGO Y. HALE X INOWE g KOKUBUN }{ LAI X MAKUAKANE X RUDDLE SCHUTTE YAMASHIRO X 6 3 Reference IGRC- 31 g~ 8~ RESOLUTION NO. RUSSELL S.KOKUBUN Chairman 6e Presid inp Officer MERLE K. LAI Vice-Chairwoman COLII~TY COLI1~(CIL County of Hawaii Hawaii CowitV Building 25 Aupurti Street H1j0, Haillall 9672 September 22, 1989 Governor John Waihee State Capitol Honolulu, Hawaii 96813 T:\KASHI DOMNGO HELENS H. HALE LORIUIINE R. (SOL'YE ROBERT H. M:\KUAKANE HARRY S. RCDDLE SPENCER K ~CHCTTE STEPHEN K. 'i:1 AIASHIRO Re: Res. 87-89 Enclosed is a copy of Resolutions 87-89 and 88-89 which were adopted by the Council of the County of Hawaii on September 20, 1989. ,~. John A. Wagner COUNTY CLERK Encls. Copies of the resolution were also sent to attached list. (l~ffice of tl~e ~resi~ettY lJ I~E ~EkT2I~E ~btttte of ~ttfnttii ~tttfe C~ittpitul ~utmlixlix, ~ttEvttii Y'E 'g y\ k P/ n\9~ q ` l} September 27, 1989 Mr. John A. Wagner Hawaii County Clerk 25 Aupuni St. Hilo, Hawaii 96813 Dear Mr. Wagner: This is to acknowledge receipt of Resolutions 87-89 and 88-89 as adopted by the Council of the County of Hawaii. Sincerely, R chard S. H. Wong P esident of the Sena e