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Home My WebLink AboutCOM 0249.000 1998-2000 tP'';: JMty ~ x,~4 JAMES Y ARAKAKI ~ U6~w. Phone: (SOS) 961-5272 Chairman f~ Presiding Officer FAX: (808) 969-3291 . ~rF Os`N~'~ COUNTY COUNCIL County of Hawaii Hawaii County Building _ 25 Aupuni Street Hilo, Hawaii 96720 April I5, 1999 TO: Council Members FROM: James Y. Arazkaki Chair RE: Resolution Authorizing the Mayor to Execute Cancellation of the Agreement with Ka`upulehu Developments on February 12, 1990, as amended on October 8, 1991. For your favorable consideration, I am forwazding an attached resolution, which authorizes the Mayor to execute cancellation of an agreement made with Ka`upulehu Developments on February 12, 1990, as amended on October 8, 1991, relating to affordable housing. The reason for the resolution is one of housekeeping. On July 1, 1998, the Council adopted Resolution No. 289-98 (attached), which authorized the Mayor to negotiate and execute an affordable housing agreement for Hualalai Resort through its owner, Ka`upulehu Makai Venture. While Resolution No. 289-98 makes reference to the previous agreement and its amendment with Ka`upulehu Developments, i[ does no[ specifically authorize [he Mayor to cancel the prior agreement although the intent was implied. During the Mayor's review of [he agreement and related documents, he appazently questioned whether he has been given [he authority [o sign the cancellation document. To eliminate any doubt that the Council authorized the cancellation when it adopted Resolution No. 289- 98, I am recommending that the attached resolution authorizing the Mayor to execute such cancellation be adopted by the Council. This action would be consistent with the policy of the Council when it reviews and approves proposed affordable housing plans by resolution in compliance with change of zone ordinances In the future, authorization to negotiate and execute reassessed affordable housing plans should also include language canceling the existing housing agreement. I am requesting [his resolution be waived from the County Housing Agency because issuance of the first awazds for housing subsidies to qualified employees under the Hualalai Resort Affordable Housing Program has been scheduled and publicly announced for May 7, 1999. A County Housing Agency meeting had not been calendazed and the delay in Council action would put the awazd date in limbo. When the Council has fulfilled its legal obligation, the Mayor can then execute his in order for employees to receive benefit from the County's housing program. Att. Comm. No. Ftile No. ~SG Ref. To: CdVNG~~ Ref. Date 1 4 1999 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 2 S 9 9 $ (DRAFT 2) A RESOLUTION AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH KA'UPULEHU MAKAI VENTURE TO SATISFY THE AFFORDABLE HOUSING REQUIREMENT FOR KA'UPULEHU MAKAI DEVELOPMENT WHEREAS, the Ka'upulehu Makai Venture ("KMV") acquired approximately 624.4 acres of land at Ka'upulehu, North Kona, Hawaii, covered by tax map key numbers (3)7-2-03: 001, 002, 004, 005, 008, & 009; (3)7-2-011: 001-018; (3)7-2-12: 001-015, 017-029 and (3)7-2-013: 001-012, from Ka'upulehu Developments, hereinafter referred to as the "Property"; and WHEREAS, on October 24, 1986, the State Land Uae Commission ("LUC"), Docket No. A85-597, approved the reclassification of the Property from Conservation to an Urban land use district, provided that Ka'upulehu Developments or its successor shall provide affordable housing opportunities; and WHEREAS, on October 27, 1988, Change of Zone Ordinance 88- 157 became effective and rezoned the Property; and WEU;REAS, Condition "K" of Change of Zone Ordinance 88-157 requires that thee-applicant be responsible to provide affordable housing; and WfB;REAS, on February 12, 1990, the County entered into an agreement with Ka'upulehu Developments to satisfy Condition "K" of Change of Zone Ordinance 88-157 for the Four Seasons Resort; and 079{H.D1CL WHEREAS, on October 8, 1991, the County amended the agreement with Ka'upulehu Developments to satisfy Condition "K" of Change of Zone Ordinance 88-157 for the Four Seasons Resort; and WHEREAS, the Office of Housing and Community Development has received an opinion from the County's Corporation Counsel stating that, because the amended agreement is unfulfilled, Condition "K" remains unsatisfied, therefore, Ordinance 98-1 applies; and WHEREAS, the KMV has submitted a proposal for a housing subsidy program administered by the developer to the Hawaii County Housing Agency, pursuant to Ordinance 98-1, to satisfy the KMV's affordable housing condition. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor is hereby authorized to negotiate and execute an agreement with the Ka'upulehu Makai Venture to satisfy the Ka'upulehu Makai Venture's affordable housing condition imposed by Change of Zone Ordinance 88-157. BE IT FURTHER RESOLVED that, pursuant to Sections 11-4(c)(5) and 11-5(c)(2)(D) of Ordinance 98-1, the County Housing Agency approved a housing subsidy program administered by the developer to satisfy the residential and resort affordable housing requirements of Ordinance 98-1. BE IT FURTHER RESOLVED that, pursuant to Sections 11 -4 (d) and 11-5(d) of Ordinance 98-1, the period approved by the County Housing Agency to implement the plan to satisfy the affordable housing condition shall be five (5) years. otsax.~u. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Office of the Mayor, the Planning Department, the Office of Housing and Community Development and to the Ka'upulehu Makai Venture. Dated at Hilo, Hawaii, this 1st day of July 1998. INTRODUCED BY: v COUN EMB~ COUNT OF WAIT COUNTY COUNCII. ROLL CALL VOTE County of Hawaii AYES NOES Ass Ex Hilo, Hawaii AaAxAta X carn+c g I hereby certify that the foeegoio= RESOLUTION was M the I.EIYBEAQTODD vote iadieated to the right hereof adopted by the COUNCII. of the RAY X Coaaty of Hawaii on z , i v 1. 1998 RgnvoLOS X sArrrAresco X ATTEST: S~.tn X /GG/~~Gw" • rn,ER X YACONG X B 1 0 0 079~N.D RGfltbnC! (~+-a97 .02 COUNTY CLERIC CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 2 ~ 9 9 8 (DRAFT 2) JAMES Y. ARAKAKI °i AARON S.Y. CHUNG Chairman & Presiding (~cer °iC LENINGRAD ELARIONOFF JULIE JACOBSON AL SMITH BOBBY JEAN LEITHEAD-TODD Vice Chairman ~ NANCY PISICCHIO J. CURTIS TYLER, QI DOMINIC YAGONG COUNTY COUNCIL County ofHawai `i Hawaii County Building 25 Aupuni Street _ - Hilo, Hawaii 96710 April 13, 1999 James Y. Arakaki, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Resolution No. ~ 99 To authotire the Mayor to execute cancellation of the February 12, 1990, Agreement with Ka'upulehu Makai Venture, as amended on October A, 1991, to satisfy the attiordable housing requirement for ita'upulehu Makai llevelopmenC. Pursuant to Section 1(e) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above-referenced matter be waived from the Housing Agency to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Housing Agency for placement on its future agenda. Sincerely, ,y %~i~/h/cJ Nancy Pisic 9 io Housing Agency Approved/Date/Waive t e'1: Disapproved/Date/Refer to FC: J s Y. Arakaki, Chair James Y. Arakaki, Chair Ha ai`i County Council Hawaii County Council