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HomeMy WebLinkAbout2014-12-11OpenSpaceMinutesApproved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Public Access, Open Space and Natural Meeting Date December 11 , 2014 Resources Preservation Fund Commission Location Mo' ikeha Building — Meeting Room 2A/213 Start of Meeting: 1 :09 p.m. End of Meeting: 2 :43 p.m. Present Chair Joseph Figaroa (entered 1: 14 p.m.) ; Vice Chair Patrick Gegen; Members : Dorothea Hayashi (entered 1:42 p. m), Teddy Blake, Karen Ono, Randall Blake, Ivory McClintock Also present: Deputy County Attorney Ian Jung; Planning Department Staff: Nani Sadora, Duke Nakamatsu, Jody Galinato ; Boards and Commission Support Clerk Cherisse Zaima Ekcused Linda Dela Cruz; Luke Evslin Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Gegen called the meeting to order at 1 : 09 p.m. with 5 Commissioners present constituting a quorum. Approval of Vice Chair Gegen stated that Item G.2. will be deferred as the presenters are Commissioner T. Blake moved to approve the Agenda unable to make it to today' s meeting. agenda. Commissioner Ono seconded .the motion. Motion carried 5 : 0. Announcements Deputy County Attorney Ian Jung announced that they have received a letter of resignation from Commissioner Luke Evslin, who held a Mayoral at-large appointment. Vice Chair Gegen announced the Commission is in receipt of a memorandum of invitation to the presentation of the County' s financial outlook being held on Tuesday, January 6, 2014. Approval of Minutes of June 12, 2014 Minutes Minutes of June 26, 2014 Public Access; Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 2 SUBJECT DISCUSSION ACTION Approval of Minutes of June 12, 2014 Minutes Minutes of June 26, 2014 Minutes of August 14, 2014 Minutes of Aujzust 28 , 2014 September 25, 2014 Commissioner Ono moved to approve the October 9, 2014 meeting minutes. Commissioner T. Blake seconded the motion. Motion carried 5 :0 Commissioner Ono noted a typo needing correction, which she will discuss with Ms. Sadora. Receipt of Items There were no receipt of items. for the Record New Business G. 1 Request by Malama Koloa to consider purchasing a 4. 860-acre archaeological parcel in Po` ipu located at TMK: 2-8-031 - 199 Commissioner T. Blake provided a packet of information for the Commission' s review. Commissioner T. Blake, along with Mr. Hal Hammatt provided an overview, maps and testimony about the history of the area as well as what Malama Koloa is proposing. (documents and written testimony on file) Vice Chair Gegen asked for clarification that Po ` ipu Estates is not yet fully built to which Commissioner T. Blake replied the subdivision roads, curbs and gutters have been done, and homes are starting to be constructed. Attorney Jung pointed out for clarification that in addition to the existing subdivision, there are zoning designations around those parcels that are not built out yet; the focus is on the subdivided portion. Chair Figaroa entered the meeting at 1 : 14 p.m. Vice Chair Gegen turned the meeting over to Chair Figaroa. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 3 SUBJECT DISCUSSION ACTION Commissioner McClintock asked whether the other areas identified as archaeological sites are also privately owned, and if they are being taken care of to which Commissioner T. Blake stated they are privately owned. He noted when those owners went before the Land Use Commission one of the requirements was that they needed to clear the sites, which they have done a good job of doing on four of them, but this last site has not been cleaned, though the owners are required by law to do so. In response to Chair Figaroa, Commissioner T. Blake stated the owner of that site lives in Hillsboro, CA, and has 16 lots in the subdivision. His understanding is nothing can be built on this site as it has an archaeological designation. Attorney Jung noted there are some deed restrictions on some of the lots in the Po` ipu Beach Estates subdivision. Vice Chair Gegen asked if those deed restrictions are against building to which Attorney Jung replied yes, noting it is split zoning: Open and R-4. There was discussion about the history of the field system, and its role in assisting the California 49ers as well as providing supplies during the Civil War. Chair Figaroa asked to clarify that the proposal is to acquire the property for preservation and restoration. Commissioner T. Blake explained the proposal is to acquire, clear it of invasive species, restore the rock formations, and replant it. The auwais will be restored to provide a continuous flow of water to the lois. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 4 SUBJECT DISCUSSION ACTION Chair Figaroa asked if Malama Ko1oa has contacted the owner of the property to which Commissioner T. Blake replied some inquiries were made, but without any money it' s hard to take the next step. Attorney Jung explained what Commissioner T. Blake is trying to do is identify an interest, and if the Commission is interested he and Ms. Sadora can look into it further, and attempt to make contact with the owner. Attorney Jung outlined the process they would follow should they attempt to acquire the property for public use. Commissioner T. Blake noted Mr. Hammatt indicated the willingness of his firm to assist Malama Koloa with the restoration. Commissioner R. Blake asked if these sites are capable of being restored to which Mr. Hammatt replied it would take some work, but he feels it is possible with this particular site. Attorney Jung asked if this site is on the State or National Historic Registry to which Mr. Hammatt replied no . Attorney Jung noted there is a distinction when looking at historic sites, but SHPD has been good about looking at restoration projects. Commissioner R. Blake commented this would be a nice project for college students to apply the topographical area on it, and envision the reconstruction of the water channels, and animate that to provide a really good visualization of the water flowing into the different areas. Commissioner R. Blake asked for clarification that there were houses along Commissioner Hayashi entered the meeting at the canals, and whether someone lived in a house there, and acted as a 1 :42 p.m. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 5 SUBJECT DISCUSSION ACTION gatekeeper or regulator of the water. Mr. Hammatt stated that is difficult to say, but pointed out the auwai on the map to explain how the tributaries flowed. Commissioner McClintock asked if the last time it was mapped was 30 years ago to which Mr. Hammatt replied this map was done in 1978 . Commissioner McClintock pointed out a section on the map that looks like a golf course, and asked if this was mapped before that was there. Mr. Hammatt pointed out the areas that are either golf course, or housing. The Commission received testimony from Mary Jane Naone, lead archaeologist from SHPD, who provided some information on SHPD ' s position on this type of curatorship. She explained that she is unsure how the property was transferred, or who retains ownership of the specific preserves. However, she has visited the area, and is very concerned about the condition of the site, noting Preserve #4 is in the worst condition. As Mr. Hammatt mentioned, Ms. Naone stated the only thing second to development that destroys archaeological sites is invasive vegetation as it pulls apart the dry-set masonry. The perimeter of the preserve has been deemed impenetrable via GPS mapping. The first step SHPD will be taking is to write a letter to the owner of the property to remind them of the preservation plans in place. She noted that in areas containing complexes of sites, SHPD requires vegetation be removed by hand as they would like to avoid bringing machines into the area, which will result in it being very tedious and expensive. Ms. Naone used the curatorship at Kaneioiouma Heiau as an example of how this site could be addressed. Ms. Naone stated in visiting Preserve # 1 it is apparent that not many people are visiting those sites, and offers tremendous potential to educate students in the community about the Koloa field system, and engage people in caring for the sites. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 6 SUBJECT DISCUSSION ACTION SHPD will do what they can to support the effort, and would like to be part of the consultation on how the vegetation is removed. She noted it is difficult for SHPD to enforce the preservation plans required to be implemented by land owners. Local community groups helping to enact those preservation plans is a great way to build capacity for that. Chair Figaroa asked how long the preservation plan has been in the works to which Ms. Naone replied since 2005 . Chair Figaroa asked to clarify whether SHPD is thinking of contacting the owner to make their intentions known to which Ms. Naone replied yes, noting SHPD follows up on the preservation plans. They are looking to work with the land owners to update the existing preservation plans, and would like to do that with Commissioner Hayashi exited the meeting at Preserve #4. 1 : 50 p.m. The Commission received testimony from Louie Abrams, President of Malama Koloa, who has worked with Commissioner T. Blake along with Vice Chair Gegen moved to start investigating the community association in this area. He provided an overview of how this as a potential property, and obtain more they were introduced to the area, and what they hope to do in preserving information on the feasibility of acquiring it. those sites. He feels that having the County help to acquire one of those Commissioner Ono seconded the motion. sites may open the door, and are always looking for grants to assist with the Motion carried 5 : 0. acquisition, and hopes this will be the first step toward that goal. Unfinished F. 1 . Review and discussion on past recommendations and prioritization of Business the Commission' s work plan/timeline of events and activities Vice Chair Gegen stated there is nothing here on the Evslin property, and asked the status of that. Ms. Sadora explained they have completed the acquisition plan, and she and Attorney Jung are finalizing it before it is placed back on the agenda, Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 7 SUBJECT DISCUSSION ACTION Ms. Sadora commented that there is a task list spreadsheet now, and things like this are being tracked. She also noted the minutes are being done in a new format, which works better to assist with task tracking. Commissioner McClintock requested the acquisition plan be sent to the Commissioners pnor to the next meeting. F.2. Update on recommendation to County Council for condemnation resolution for a portion of TMK (4) 2-6-003 : 017 to obtain a pedestrian public beach access easement to Kukui` ula BaythrgRgh the former Hoban property and discussion on alternative pedestrian public beach access options to Kukui`ula Bay Attorney Jung stated he spoke with the Managing Director this morning on what the County' s intent is on this, and she asked it be resubmitted to allow it to go through the formal process with the new Council in place. Administration may be coming to speak to the Commission on this at a future meeting. Attorney Jung noted this particular item will require them to go through condemnation, and litigation because the land owners are absolutely against any potential claim on it for public access. Ms. Sadora explained the packet will need to be rerouted because of the new Council. Vice Chair Gegen expressed the importance of having a spreadsheet to track these things, noting it has been almost a year that they have been working on this potential acquisition. In response to Commissioner McClintock, Vice Chair Gegen explained this had not gotten as far as the Council, stating the Commission made the request to have the recommendation go to Council for the acquisition of Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 8 SUBJECT DISCUSSION ACTION this property, which then got stuck between Planning and the Mayor' s office; nothing has happened to it since. It will now be resubmitted, and has to go through Planning, and Administration before it even gets to Council, which is the formal process. Ms. Sadora noted the last time this was at Council, they were given the okay to move forward with the appraisal, which is the last time anything was presented to them. The Department has done its due diligence in communicating with the land owner, and it is not something the land owner is willing to support. Attorney Jung stated this will be a large, and costly litigative fight. Commissioner McClintock asked if the Commission had received a response from the land owner to which Attorney Jung replied no, stating that the land owner' s attorney had hired an Oahu litigator to do a counter- assessment stating a certain value. Ms. Sadora stated that information was submitted to this body. Vice Chair Gegen added this was pursued by commission members who were active about three years ago, which the current Commission is now following through with. Ms. Sadora offered to send a copy of the packet that was initially circulated, which will provide a history of what happened. Commissioner T. Blake asked what the difference is in what the County is offering, and what the land owner wants to which Attorney Jung replied the County' s offer was $ 130,000, but the land owner is seeking $700,000. Commissioner T. Blake asked what the purchase price of the whole property was to which Attorney Jung replied $3 . 5 million, but they are only looking at a small swath. In response to Commissioner T. Blake, Attorney Jung explained what severance damages are. Commissioner T. Blake asked if there are different levels of public use to which Attorney Jung stated no, the shorelines are open to anyone. Commissioner T. Blake asked Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 9 SUBJECT DISCUSSION ACTION if the most prevalent type of use matters to which Attorney Jung replied no, stating once someone gets to the certified shoreline, the public has the right to recreate how they wish. There was discussion on the process by which the assessment of the property will occur as well as the subsequent litigation. In response to Commissioner T. Blake, Attorney Jung provided some background on Kukui`ula Development' s zoning conditions that required them to put forth monies for the County to acquire a public beach access. He noted the park transfer agreement for Kukui`ula Harbor is ready to go as well as the 20-acre park across Po`ipu Road. Commissioner T. Blake asked when that is supposed to be implemented to which Attorney Jung stated he was unsure, but it is conditioned to happen, and will happen. Attorney Jung reminded the Commission that they were straying off topic. Commissioner Ono stated the access is 10 feet by 60 feet, and asked if they can try to obtain a smaller access. Attorney Jung replied it does not necessarily have to be 10 feet, but that is the current standard protocol in the Subdivision Ordinance, which they would like to stick with. In response to Commissioner T. Blake, Attorney Jung explained this access does not belong to Kukui`ula Development, and was triggered by a zoning amendment; it is not even on Kukui`ula' s property. Ms. Sadora added this is an existing County drainage easement, which needs to be converted into a pedestrian easement. F.3 . Discussion on request from former Councihnember Furfaro dated FebnLaa 5 2014 regarding access to Kilauea Falls located on Tax Ma Ke y (4 5-2-012 :035 bein laced on the Open Space Commission' s Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 10 SUBJECT DISCUSSION ACTION priority recommendations list. • Update on letter submitted to Charles Somers and/or his representatives regarding a right-of-entry request to enter property identified as Tax Mgp Key 4 5 -2-012 : 035 to do a limited meetin site visit with the Commission to Kilauea Falls and rig_ ht of entry request regarding P- 1 easement Ms. Sadora reported that there has been no follow-up communication from Mr. Furfaro at all. Attorney Jung stated Staff Planner Jody Galinato did a site visit, and has some information to share with the Commission. Ms. Galinato reported that a site visit was conducted to ensure the land owner was complying with the conditions, and this is now scheduled to appear before the Planning Commission on January 13 . A draft report was done in which a condition is being proposed to have the applicant work with the Planning Department in identifying and staking the existing P- 1 access. She received verbal confirmation from the applicant' s representative that they would work with the Department. Vice Chair Gegen asked which specific issues she was referencing to which Ms. Galinato replied identifying and staking the existing pedestrian easement — P- 1 — and getting on the site. She noted the other issue regarding the access to the falls was vetted out in a contested case hearing, and the conditions of the permit state it is at the owner' s discretion. Because the amendment for this project has been on hold for about a year pending the conservation easement, the Department wanted the applicant to communicate with the Kilauea Neighborhood Association to resolve any issues. She noted Director Dahilig has been in contact with Mr. Somers who expressed willingness to work with the Department. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 11 SUBJECT DISCUSSION ACTION Commissioner T. Blake asked whether Mr. Somers has communicated with the Kilauea Community Association to which Ms. Galinato replied not yet. Attorney Jung added that Mr. Somers has been sitting down with KNA' s President. Commissioner T. Blake referenced the private property owner's rights, sharing some issues that are currently going on in Kilauea on other unrelated properties, and how some are working to resolve those issues. F.4 . Update on Commission education topics • Discussion on acquisition process involving willing land owners Ms. Sadora stated she and Ian are still working on the language for the website, and once it is finalized and deemed legally appropriate, the Department would like to go ahead and post it without a vote by this body if the Commission is agreeable to that. A copy of the finalized language posted on the website will be brought to the Commission at a future meeting. G.3 . Review and discussion on Commission' s 2014 Report for the Mayor and Council' s review including a list of accomplishments, challenges, future goals and objectives, and recommendations. Ms. Sadora reminded the Commission that they must provide the status update in-between the Annual Report, which is usually just the Commission's calendar, activities, and accomplishments. H. Next meeting Commissioner T. Blake requested a field trip down to Kiahuna, and at the date and agenda same time look into a solution for access to Lawa`i Kai Beach, noting the topics for current access to the beach through the land owned by the National discussion Tropical Botanical Gardens is only accessible during low-tide by someone Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 12 SUBJECT DISCUSSION ACTION in fit physical condition; it is impossible to access at high-tide. Currently, many people do risk their safety by doing this, and it would be unfortunate if someone were to get hurt. Additionally, the gates entering into Lawa` i Kai is owned by Kukui`ula. Attorney Jung suggested discussion on that be placed on the next meeting' s agenda. Vice Chair Gegen stated he was in receipt of an email, which he forwarded to Ms. Sadora, looking at a property in Oma` o that is currently for sale, and is currently being partially used as farm land, but the sender of the email feels it would be a good piece of property for the Commission to grab to use as a park or other public area. He requested the letter be included on the next meeting's agenda. Attorney Jung announced another possible future agenda item being proposed by Boards and Commission Administrator Paula Morikami. Ms. Morikami stated the Office of Boards and Commissions is looking at ways to streamline, and increase efficiency while saving money, and cutting costs. They have researched all of the rules for each of the 14 boards, and 3 committees within the County, and noted this Commission' s rules state: Regular meetings of the Commission shall be held every first Wednesday, or on such day as the Commission may designate. Noting that this Commission has been meeting twice a month, she asked the Commission to consider holding meetings once a month in accordance with their rules. However, if they feel the need for additional meetings, they can schedule such at the discretion of the Chair. She noted that this is being proposed to all Boards, Commissions, and Committees, pointing out Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 13 SUBJECT DISCUSSION ACTION that a few have already voted to lessen the frequency of their meetings; some will meet quarterly, others 6 times a year unless there is a need to hold meetings more frequently. Chair Figaroa asked how long that rule was in effect to which Ms. Morikami replied they were adopted in 2005 . Chair Figaroa asked if this issue has been brought up before to which Ms. Morikami replied not to her knowledge, but she is not sure as she has only been with Boards and Commissions since 2011 . Ms. Sadora explained she believes in 2006 the Commission at that time decided on twice a month meetings on the second and fourth Thursday of every month, and they continued to follow that schedule up until now. Commissioner T. Blake asked if they move to one meeting a month, but they decide they need a second meeting, what is the process in which to do so? Attorney Jung stated they would need at least six days' notice to comply with Sunshine Law. Ms. Morikami commented some boards and commissions opted for less meetings because of issues with quorum, and when the rules require a meeting be held every month, should one be cancelled due to lack of quorum, that meeting will have to be rescheduled within the next week. Their rules require them to only meet once a month, but they can meet more often if they wish to. Chair Figaroa stated that will be put on the agenda for the next meeting. Vice Chair Gegen stated he will try to work on a rough draft of the status update for Council, and bring it to the next meeting for discussion. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session December 11 , 2014 Page 14 SUBJECT DISCUSSION ACTION Chair Figaroa recapped what will be placed on the next meeting' s agenda in addition to what will carry over from this meeting: • New Business discussion on a Kiahuna field trip, and more information on the site • Discussion on the new Oma` o property • Discussion on meeting schedule Vice Chair Gegen commented that the Commission needs to get more organized because there are many issues still outstanding that they do not receive information on at the meetings. He does not want things to fall through the cracks. I. Adjournment Chair Figaroa adjourned the meeting at 2 :43 p.m. Submitted by: 0WKja& Reviewed and Approved by: Cherisse Zai a, taff Support Clerk Joseph Figaroa, Chair ( } Approved as circulated ( ) Approved as amended. See minutes of meeting.