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HomeMy WebLinkAbout2015-4-9OpenSpaceCommissionMinutesApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Public Access, Open Space and Natural Meeting Date Apri19, 2015 Resources Preservation Fund Commission Location Mo'ikeha Building — Meeting Room 2A/2B Start of Meeting: 1:05 p.m. End of Meeting: 3:06 p.m. Present Members: Joseph Figaroa, Dorothea Hayashi, Karen Ono, Randall Blake, Linda Dela Cruz, Shaylyn Kimura Also present: Deputy County Attorney Ian Jung (entered 2:09 p.m); Planning Department Staff. Nani Sadora, Duke Nakamatsu; Boards and Commissions Staff: Support Clerk Darcie Agaran Excused Chair Patrick Gegen; Theodore Blake Absent SUBJECT DISCUSSION ACTION Prior to the start of the meeting, Council Administrative Assistant Eddie Topenio gave the Oath of Office to new Commission Member Shaylyn Kimura Call To Order Vice Chair Figaroa called the meeting to order at 1:05 p.m. with six (6) commissioners present constituting a quorum. Approval of Vice Chair Figaroa requested Item H.1. be taken after Item F for the public's Agenda consideration. Announcements Ms. Sadora stated there were two (2) announcements. First, Chair Patrick Gegen and Commissioner Theodore Blake were not present for the meeting. Second, there will be a public hearing on April 22, 2015 at the Council regarding Bill No. 2585. Vice Chair Figaroa asked who introduced the bill to which Ms. Sadora replied Councilmember Mason Chock. Approval of E.1. Minutes of February 26, 2015 Commissioner Ono moved to accept and Minutes circulate the February 26, 2015 meeting minutes. Commissioner R. Blake seconded the motion. Motion carried 6:0. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 SUBJECT DISCUSSION ACTION Receipt of Items There were no items to receive for the record. for the Record New Business H. 1. Presentation by Trust for Public Land requesting the Commission's consideration regarding the Embracing Kuleana at Waipa Project; Kaluanono, TMK: (4) 5 -6- 004:010 and Halulu Fishpond Access, TMK: (4) 5 -6- 004:017 Vice Chair Figaroa asked for public comment to which there were none. Due to technical difficulties, this item will be taken at a later time in the agenda. Unfmished Business G.1. 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 Bay through the former Hoban property and discussion on alternative pedestrian public beach access options to Kukui`ula Bay. Ms. Sadora stated that this item is pending an update from Deputy County Attorney Ian Jung. There was no change since the last communications from the previous meeting, which was a packet that was sent via Administration to go to Council to get their input again. Ms. Sadora confirmed it has been done, and Attorney Jung will provide an update on the outcome. Vice Chair Figaroa asked for discussion and public comment to which there were none. ipu G.2. Review and discussion on 4.860 -acre archaeological parcel in Po" located at TMK: (4) 2-8- 031 -199. Ms. Sadora stated the last instructions from the Commission was for Commissioner T. Blake and herself to work on an ac uisition plan. The Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 MOM SUBJECT DISCUSSION ACTION acquisition plan is in process, but there is nothing available to provide to the Commission for review at this time. Vice Chair Figaroa asked if this TMK is in that new subdivision to which Ms. Sadora replied it is the one they visited on their site tour. Vice Chair Figaroa commented that he doesn't think this item should be a high priority for the Commission because they haven't completed their old list and `opala list. He suggested to remove it from their list and put it as a community project because the developer cannot develop in the area anyway. Ms. Sadora stated the position of the acquisition was to see what could be done, and to research the land use process because of it being a heiau. She noted that Attorney Jung was going to provide communication on this as well. Ms. Sadora stated the only reason Commissioner T. Blake brought it to the attention is that it is one of the fewer heiaus now, as far as being able to get them restored. Although it's not somewhat of an urgent matter, she suggests keeping it as a task item as they work on it. Vice Chair Figaroa stated that he sees the point, but would hate for the Commission, or Staff, to be detracted. In his opinion, he would rather focus on and really try to accomplish what is in front of them because to get into an acquisition plan, you need to dedicate some energy into it and he would really hate to see that. Commissioner R. Blake stated he would like to continue to proceed with the acquisition plan to which Vice Chair Figaroa asked for his point of view. Commissioner R. Blake replied that he thinks they should look again Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 SUBJECT DISCUSSION ACTION at prioritizing their list, and he feels this is something that needs to be on the list. Vice Chair Figaroa asked if he feels that it can be placed on the list and not have Staff dedicate time to create an acquisition plan, or should it be on the list and have time dedicated to an acquisition plan to which Commissioner R. Blake replied he would like to see the acquisition plan, and then make a decision. Commissioner R. Blake explained that it gets into looking at their budget because if it's a "low hanging fruit", it might be expedient to pick it up and move forward, but if it's going to be a high priced item, then it will have to fend for itself in priority to justify its expenditure, or their recommendation. Ms. Sadora suggested for the Commission to decide what direction they want to take after they receive the information from an acquisition plan produced by herself and Commissioner T. Blake, since the Commission voted in past meetings for them to work on an acquisition plan. The acquisition plan will provide the layout of how they want to proceed as a Commission with the research attached. Ms. Sadora stated they will provide the information that they have at the next meeting, which will include what the land use guidelines are when it reflects properties such as a heiau. Vice Chair Figaroa asked if there was any more discussion on this item to which there was none. New Business (continued) H.1. Presentation by Trust for Public Land requesting the Commission's consideration regarding the Embracing Kuleana at Waipa Project; Kaluanono, TMK: (4) 5 -6- 004:010 and Halulu Fishpond Access, TMK: (4) 5 -6- 004:017. Ms. Sadora stated they were contacted by Laura Kaakua with Native Lands Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 I' _ - SUBJECT DISCUSSION ACTION Project Manager for the Trust of Public Land. She asked for the Commission to look at this item as one of their possible recommendations. The Commission received testimony from former Commissioner, Johanna Ventura, who began by expressing her gratitude to the Commissioners for their service. Ms. Ventura is with Waipa Foundation and strongly believes the acquisition opportunity being presented is very important to the community. They found out over a year ago that the properties were probably going to go on the market. Ms. Ventura stated that she knows there's potential to significantly impact the work that Waipa is doing. She shared that if they asked, they could have filled the room with kids, but they felt the kids should be in school. (Laughter in background) In addition to being an employee at Waipa, she's a Waipa parent as well, and knows from firsthand experience that the lessons the kids are taking up at Waipa have a significant impact on how they look at everything, such as the foods they eat and the connection that they feel to the land. Ms. Ventura feels pretty certain that Waipa has the same impact on most of the kids that go through their programs, as well as the adults that go to their different activities. Stacy Sproat -Beck, Executive Director of Waipa Foundation, presented a PowerPoint presentation on Embracing Kuleana at Waipa, Kauai to obtain assistance with the acquisition of two (2) kuleana properties; Kaluanono and Halulu Fishpond Access. (On file) Vice Chair Figaroa asked how much are the properties being sold for to which Ms. Kaakua replied the appraised value for the makai property is $830,000, but they're hoping to purchase it for less. The mauka property is pending appraisal and they're expecting for it to be between $500,000 and Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 am SUBJECT DISCUSSION ACTION $700,000; however, they will try to negotiate the cost as low as possible. Ms. Kaakua stated they have a signed letter of intent with the landowner and is looking to purchase both properties, close the transaction, and put the ownership in Waipa Foundation before the end of this calendar year. Ms. Kaakua confirmed that they have secured $398,250 from the State Legacy Land Conservation Fund, which will be available this June. The funding completed the State Legacy Land's process, which includes the Legacy Land Commission doing a site visit, fully vet the project, rank projects, recommend funding, then it goes before the Speaker of the House and the Senate President, and the Board of Land and Natural Resources approves the funding. Ms. Kaakua also mentioned that out of seven (7) projects, Waipa was ranked the Legacy Land Commission's #1 Project because of the impact that Waipa Foundation has had on, not only Kaua`i's northshore or the Island of Kauai, but all of the islands. They want to ensure that Waipa Foundation has a secured presence in perpetuity on Kauai's northshore, so people can continue to visit, learn, and take the aloha `aina ideals with them to their own islands and areas. Ms. Kaakua asked the Commission to assist with matching funding for the State Legacy Land purchase, so they can meet the timeline of the landowner and close the transaction by the end of the calendar year. Vice Chair Figaroa asked for confirmation that the makai property is within the $800,000 range to which Ms. Kaakua replied yes, and the mauka property is approximately $500,000 to which Ms. Kaakua replied between $500,000 and $700,000. Ms. Kaakua stated the total amount they would be willing to pay, and plan on raising, for both properties is $1.5 million, which is their ceiling. Out of Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 I' _ - SUBJECT DISCUSSION ACTION the $1.5 million, approximately $400,000 is secured, so they are asking for $1.1 million from the County to match the State funds. Ms. Kaakua reiterated that the $1.1 million is the ceiling, so they won't be requesting for additional funds. Vice Chair Figaroa asked if the State funding is restricted to land purchase only to which Ms. Kaakua replied yes, it can only be used for the acquisition. Commissioner Ono asked what is the timeframe in regards to the signed letter of intent to which Ms. Kaakua replied by the end of August. Also, they may have an opportunity to extend with additional deposits into escrow. Ms. Kaakua emphasized the importance of acquiring these two (2) properties, which includes the Waipa Foundation being able to bring the Community into the makai portion of Waipa and the mauka portion being a perfect location to bring kids in very easily for them to learn and observe the wetland birds and farming. Ms. Kaakua stated the State is poised to move quickly if they can secure County funding. She added that the landowner really needs to move, so they're trying to show very steady and concrete progress towards a purchase to prevent the landowner from going to another buyer. Commissioner Kimura asked if the entire valley is owned by Kamehameha Schools to which Ms. Kaakua replied yes, except for the kuleana parcels. Ms. Sproat -Beck added that they have a lease until 2050 with Kamehameha Schools for the surrounding property. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9. 2015 SUBJECT DISCUSSION ACTION Commissioner Kimura asked if they've spoken with Kamehameha Schools and the Bishop Estate to ask for their participation in the process being that they are the majority landowner to which Ms. Sproat -Beck replied they asked Kamehameha Schools to consider purchasing the makai kuleana, and they have been working on it, but for the last year they are unable to justify the purchase. Commissioner Kimura asked if Kamehameha Schools would be willing to assist instead of an outright purchase to which Ms. Sproat -Beck replied they won't partner on an ownership with another organization; either they will purchase it themselves, or they won't. Ms. Sproat -Beck stated that Kamehameha Schools makes up fifty (50) percent of their budget every year to support their programs. Commissioner Hayashi asked if they purchase it, who's going to be the owner of the property to which Ms. Kaakua clarified that they are asking for County funding to go towards ownership in Waipa Foundation. She stated that the County would not be owners, nor tasked with management or operations costs. It would be a one -time release of funding to secure the lands; however, restrictions can be placed on the land by the County, maybe through a conservation easement, which would be welcomed by Waipa Foundation and the State, to ensure in perpetuity that the lands will always remain how it's being presented today. Ms. Kaakua reiterated that ownership would be in the nonprofit Waipa Foundation. Commissioner Hayashi asked for clarification if their lease goes to 2050 to which Ms. Sproat -Beck replied yes. Vice Chair Fi aroa asked if it's partially funded by the County, then the Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 OM SUBJECT DISCUSSION ACTION County would own it and there would be a stewardship agreement of it; or has the County previously given funds for private organizations to which Ms. Sadora replied it can be and that it was something that Attorney Jung expressed as well, so the exact guidelines that Ms. Kaakua pointed out, as far as the county would impose restrictions and/or a conservation easement, but they would be allowed to hold title. Commissioner Kimura asked if there has been any efforts to reach out to Hanalei (inaudible), `Ohana Real Estate, or to Jeff Stone and Company to which Ms. Kaakua replied they only work with willing landowners. Ms. Kaakua stated they've put out conservation options to see if the landowners are willing, but they're not an advocacy organization, so if the landowners do not want to explore their options, then they can't pursue the opportunity. Commissioner Kimura asked if those organizations know that they are trying to acquire the land and have they been approached to see if they would be willing to partner in this purchase to which Ms. Kaakua replied they have started to discuss with individuals of capacity that they would like to see if there could be private support on the stewardship side, but it's unlikely there would be funding for acquisition from those two (2) specific _ groups. Ms. Sproat -Beck added they have been meeting with and working on private fundraising with individuals of capacity from the north shore. It's hard for them to deal with groups in controversial projects because it gets used as them supporting developments like that. Commissioner Kimura asked if there has been any result to which Ms. S roat -Beck replied they're working with Leslie, the Trust Republic Lands Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 10 SUBJECT DISCUSSION ACTION Fundraiser, in cultivating relationships. Ms. Kaakua stated they don't have any donations right now and that it is hard to find sources of funding that will support the actual purchase, which is why the Commission and Program is critical. It is likely that the potential private donors would be more interested in supporting the programming after the land is secured. Ms. Ventura added that Waipa Foundation concluded a capital campaign for $1.7 million last year to build their community kitchen with extensive fundraising. They decided to take a break from fundraising and pursue Kamehameha Schools considering acquisition first, and the Legacy Lands Commission and this Commission because they haven't requested any funding for their capital campaign. Ms. Ventura confirmed they will be looking to the people in the community to fill in the gaps. She stated that a strong position of support from the Commission would mean a lot. Vice Chair Figaroa stated he is looking for a proven track record, which Waipa Foundation has with being around for quite some time now; a willing landowner; and it's only $1.1 million. His reason for saying "only" is because it's exactly within their guidelines compared to a previous proposal for another property of $1 million. Vice Chair Figaroa feels if they can put an acquisition package together, advocate to the Administration, advocate to the Council, and get them excited about it, they will agree to it. He is excited because of what the impact has been everywhere, not only limited to a certain group, and he would hate to lose this opportunity. In his perspective, the August deadline can be met if the political will is there, and he feels they can generate the political will for this project. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 11 SUBJECT DISCUSSION ACTION Commissioner Hayashi thanked them for their presentation, and stated she's really excited for them and has heard from so many kupunas about their volunteer experience at Waipa. Along with the joy, it brings her a little sadness because they don't have the same enthusiasm to start something like this on the Westside of Kauai. Commissioner Hayashi stated she is happy and more than willing to support this project because all of the positive is there to move forward. Based on Commissioner Hayashi's comment regarding the Westside Community, Vice Chair Figaroa feels this could set the precedence, to lead by example and get the community excited. Vice Chair Figaroa stated the Open Space Commission is viewed at only supporting beach access, but this would prove that they support culture and the future. He is 100% supportive and sees that it definitely meets all of the nine (9) points for their mandate. Vice Chair Figaroa reiterated that it's only $1.1 million, and asked for the current balance to which Ms. Sadora replied $4.9. Commissioner Hayashi reminded Vice Chair Figaroa about the `opala pile to which he replied he tries to stay focused on that as well, but the problem is dealing with unwilling landowners where they fight tooth and nail, and keep fighting over the years. Ms. Kaakua stated it was a wake -up call for their office when they heard about the Bill to decrease funding. They have been focused a lot on Oahu and Hawaii Island projects, and realized that they need to start supporting Kauai communities more in receiving matching State, Federal, and private funding for their projects. Ms. Kaakua stated they see this Waipa Project as a springboard to see if there are other Kauai Communities that would Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 12 SUBJECT DISCUSSION ACTION like assistance, and would be happy to help on other projects with this Commission. Vice Chair Figaroa asked if there were any more questions or discussions on this item to which there were none. Ms. Kaakua asked how they can move this forward and if the Commission would make a recommendation to the Council to get on their agenda as soon as possible, so they can take advantage of the State funds that will be available in June. Vice Chair Figaroa asked Ms. Sadora if that's something they can do to which she replied that would be their action. Vice Chair Figaroa requested a motion to generate a letter of support for the Waipa Foundation in the purchase of TMK (4) 5 -6- 004:010 and TMK (4) 5 -6- 004:0171 Commissioner Hayashi asked if the process is first to the Planning Director, to the Mayor, then to the Council to which Ms. Sadora replied yes. Commissioner Hayashi asked if the process could get hung up somewhere to which Ms. Sadora replied that the difference compared to previous projects is that there is funding given by the State Legacy Lands, there is a willing landowner, and there is a partnership in community that has everything. All they're doing is requesting for funding, so actually there is no workup for the Staff. Ms. Sadora stated it's just putting the packet together, attaching their plan to reference what Wai a has already done, Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 13 SUBJECT DISCUSSION ACTION and sending it through the Planning Director and on to the Administration. She feels it's doable because there's no work or additional research that needs to be done. Commissioner Hayashi asked if they would still negotiate the price if the Commission approves the funding of $1.1 million to which Ms. Sadora replied it's their position. Ms. Kaakua stated if they're provided with the ceiling of $1.1 million, it gives them leverage to not have to come back and request for additional funds. She's hoping to receive the final appraisals by the time they meet with Council and hoping to say that they were able to negotiate the price down, so they can provide an exact amount of what is needed. Ms. Sadora stated when Waipa presents to Council, they will need to be in a position to be closer to a number as far as when Council makes the decision for any type of release of funding. If the Commission approves the $1.1 million, it's not saying that that's the amount that will go no matter what the negotiations are, nor will it stop negotiation. As a representative of the Commission, the Planning Department will work with Waipa and Ms. Kaakua to be able to keep the Commission updated. Commissioner Ono asked for clarification that they are only waiting on the Deputy County Attorney Ian Jung entered the appraisal for the mauka property since they mentioned already having the meeting at 2:09 p.m. appraisal for the makai property to which Ms. Kaakua replied they are getting an updated appraisal for the makai property because it'll be stale by the time they appear before the Council. Ms. Kaakua stated they will have two (2) appraisals pending, and they will be updated through Ms. Sadora. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 14 SUBJECT DISCUSSION ACTION Commissioner Kimura asked if there has been any discussion on price with the landowner to which Ms. Kaakua replied there is a signed letter of intent and they are actively negotiating the purchase agreement. They hope to finalize the purchase agreement in the next few weeks. Ms. Kaakua stated the asking price for the makai property started at $900,000, but they're hoping to purchase the makai property for $750,000 and the mauka property for $550,000. They can probably negotiate the $750,000 or a lower price, if they can guarantee the timeline will be shorter. Commissioner R. Blake asked if they normally recommend the purchase price or the acquisition price to which Vice Chair Figaroa replied they would definitely have to request the amount. Commissioner R. Blake stated they can support acquisition, and asked if they're able to support a level of participation to which Attorney Jung replied if there is a willing landowner then it's put into a separate category where the County would want a hand in negotiation. Since the lands are going to be held by a private owner, which would be Waipa Foundation, we have to put a deed restriction into the conveyance documents that outline that the lands have to be in perpetuity for conservation purposes. Attorney Jung stated that's the only caveat they have in the ordinance if a private (inaudible), so they need to make sure that they are part of the negotiation to ensure that happens. Commissioner R. Blake stated we as a Commission wouldn't say we want this to be bought at "X" price to which Attorney Jung replied no, that would be up to the County Attorney's office, along with the appraisal. Commissioner R. Blake stated they're asking us for a commitment of $1.1 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 SUBJECT I DISCUSSION Page 15 million, so we can say, we can commit to a recommendation to support the purchase to which Attorney Jung replied exactly. Attorney Jung stated the way it would work is if the Commission says yes, then they would transmit a memo up to the Council saying we want you to spend "X" amount of money to help out with the acquisition of these properties. Then because it has to be adopted via ordinance for the appropriation of the money, only the Council can do that. It has to go through first, second reading, etc., so the public can comment on it. Outside of their report, they can ask for the Council to take action on it now versus waiting for the dossier report. Vice Chair Figaroa explained that the Commission can advocate for this project too. Vice Chair Figaroa asked if there was any more discussion on this item to which there were none. Vice Chair Figaroa requested for a motion to write a letter of recommendation along with an acquisition plan. ACTION Commissioner R. Blake moved to draft a letter of support for the purchase of this property to be turned over to Waipa Foundation. Commissioner Dela Cruz seconded the motion. Motion carried 6:0. Commissioner R. Blake moved to draft an acquisition plan for the two (2) properties presented; TMK: (4) 5 -6- 004:010 and TMK: (4) 5 -6- 004:017. Commissioner Dela Cruz seconded the motion. Motion carried 6:01 Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 16 SUBJECT DISCUSSION ACTION Ms. Sadora announced that every Thursday, next to Ferguson by the Stadium, there's a white van on the side of the road where you can purchase the Waipa poi. The meeting recessed at 2:20 p.m. The meeting reconvened at 2:36 p.m. H.2. Review and discussion on Alexander Dam. Vice Chair Figaroa discussed with Ms. Sadora to keep this item on the agenda for the next meeting, so the Commission can get more educated on this item. Vice Chair Figaroa stated the information is on pages 8 -44 of the handout (August 10, 2006 Regular Meeting Minutes). For the Commission's information, Attorney Jung stated this issue popped up about four (4) years ago where Tom Shigemoto, A &B's representative, came and gave testimony to which Ms. Sadora noted it's in the handout on pages 844, which is the actual meeting minutes in full so it'll give the Commissioners the best information of what has been ongoing. Ms. Sadora stated it is from a while ago, but after they have an opportunity to review it, it could be an item they discuss in the next meeting. She thinks they all need to know what it is, so there can be active discussion and dialogue. Commissioner Hayashi asked when the fence went up to which Ms. Sadora replied they will research it and have the information available when they discuss it. Vice Chair Figaroa asked if there was any more discussion on this item to which there were none. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 17 SUBJECT DISCUSSION ACTION Unfinished G.7. Review and discussion on Kaha Kai Condominium parcel located at TMK: (4) 2 -8- 017:016. Business (continued) Attorney Jung stated this is the front piece before Kaneiolouma, the Nukumoi area. He doesn't have any further update, but he knows Mr. Rupert Rowe was working with Council on some of the issues. Ms. Sadora added that she thinks it's going to be an item that stays on the agenda until they receive communication back from the Hui. At the last meeting, the Commission's desire was to stay in communication with the Hui, along with Hawaiian Island Land Trust's representative, Jennifer Luck. Ms. Sadora stated that communication from Rupert Rowe is that they have activity that they're doing, so the Commission is sitting and waiting on them for direction on when they would like the Commission to move forward. Ms. Sadora stated she is working on an acquisition plan, and has the items open that are still questionable, so when they are ready to move, they will have the information available and insert what they need to, as far as, to float it through should the Commission be ready to do that. She knows they're currently in the midst of communication with the landowners. Vice Chair Figaroa asked for any discussion on this item to which there was none. G.6. Review and discussion on access to Lawa`i Kai beach. Vice Chair Figaroa asked if this is where they went to the Allerton Garden to which Ms. Sadora replied correct. Ms. Sadora stated they are working with NTBG to be able to get a copy of Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 I'._ ' SUBJECT DISCUSSION ACTION the access plan through their subzone master plan, which has been modified, so there should be information available at the May meeting. Ms. Sadora stated what was proposed may not necessarily be what it is right now. Vice Chair Figaroa asked if it's a dire problem and a major issue to which Ms. Sadora replied she thinks at a certain time of the year, like when surf is good. There are more frequent users that use the old road, which is not a passable road. Ms. Sadora stated when Commissioner T. Blake brought it back, they saw an increase in population where the side of the roadway from Spouting Horn 'til the end of the road is being used for parking. She thinks he brought it up for two (2) things, the community is asking for access to Lawa`i Kai and the concern for the way the community is accessing it now. Ms. Sadora added that access has nothing to do with the proposed access to the area, which is from the coffee fields. Vice Chair Figaroa asked if that access is open to the public to which Ms. Sadora replied yes, except when they're harvesting. She stated that they still have to go through the permitting process to get to the beach. Vice Chair Figaroa asked if it's the community that doesn't want to go through the permitting process to which Ms. Sadora replied she thinks they should wait for the subzone. She will get the materials and they will be able to see the proposed one, then they can discuss. Vice Chair Figaroa asked for any more discussion on this item to which there was none. G.S. Review and discussion on CGB/Evslin properties further identified as Tax Ma Key 4 1 -3- 005:040 053 and 054. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 19 SUBJECT DISCUSSION ACTION Ms. Sadora stated they have an acquisition plan which is going through its final review before coming to the Commission. She believes this is something the Commission wanted to move forward with. Commissioner Hayashi stated when they went to visit, it's not what she envisioned when looking at it on paper. Commissioner Dela Cruz stated Commissioner R. Blake was very adamant about purchasing the land because he thought the fishpond area was a historical area that could be used as a park. She doesn't feel there's a need for more parks, but Commissioner R. Blake decided it would be a good area for a skate park. Commissioner Dela Cruz objected to the idea because the area floods when the tides come up. Commissioner R. Blake stated when he spoke with Mr. Rapozo, he wouldn't think it would be a fully developed park, but more of a park as access. There is State land adjacent, which would increase the whole area that's available to the public. Commissioner R. Blake doesn't think it's unreasonable to talk to the State to convey that over to the County as a unified open space area. Commissioner Hayashi stated another one of her main concerns is the sand erosion that was happening. Recently, the news has been predicting how much of Hawai`i's ocean fronts are going to be eroding, which is a great concern for her because it may eventually come up all the way to the road. Attorney Jung stated that the acquisition plan is completed, but nothing has been settled at Council. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 SUBJECT I DISCUSSION Page 20 If there's no motion for it to go to Council, (inaudible). Ms. Sadora stated she thinks what the acquisition plan provides the Commission is the very questions that they have, so it's part of their research. It's showing what may be the erosion in that area, what is on the property; because there are concerns that there may still be iwi on the property, so the acquisition plan will call to all of that. Then the Commission can decide whether or not they want to move or stay on this item. Ms. Sadora believes that at the last meeting, the Commission agreed that it may be a good purchase, but it may not be something of high priority. She thinks having the acquisition plan would be a good thing because there's a willing landowner that has been before the Commission already for several years now. It may still be available, and Ms. Sadora is sure there will be communication between the landowner and herself, or with the Planning Department, which will keep them posted on other activities or other interests. The acquisition plan is before the Commission's Deputy County Attorney for review for the Commission to receive. Commissioner Hayashi asked if it gives them time to which Ms. Sadora replied yes. Ms. Sadora stated there's no motion to move on it, so all they're doing is providing the workup. The Commission still needs to decide whether or not it goes up from the Commission. Commissioner R. Blake stated one of the other things Mr. Rapozo mentioned compared to the (inaudible) some of the Commissioners questioned the price, and he said that the price was comparable to what the County has (inaudible) for beachfront properties. ACTION Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 21 SUBJECT DISCUSSION ACTION Vice Chair Figaroa asked for any more discussion on this agenda item to which there was none. He stated they will keep it on the continuing agenda, and they'll make a decision when the acquisition plan comes forward. GA. Review and discussion on past recommendations and prioritization of the Commission's work plan/timeline of events and activities including spreadsheet of Commission's task list. Ms. Sadora stated that the Commission received the updated version today. As of right now, there is no update on their report from Council, as to when they will be able to present. Ms. Sadora believes what they wanted to do was present to Administration as well, either the same day or close by, so they're doing it as a combination. Commissioner Hayashi asked if they won't know what's happening with the Mayor and his meetings with Rhoda Libre concerning Salt Pond, until they get the report from County Attorney Mauna Kea Trask to which Ms. Sadora replied if there has been any meetings. Attorney Trask stated Administration has had discussions with Ms. Libre and a lot of different facets of the community. Salt Pond is not only an area, but it's also a sense of kuleana to that one specific place, and the heartbeat regarding salt and salt making. Attorney Trask stated they spoke with SHPD years ago, and there's multi jurisdictional issues over there. The land is owned by State DOT Airports, and County is the neighboring landowner. The State Historic Preservation Division has a regulatory overlay because it's a traditional cultural site. The State, via executive order, gave the County the old Humane Society lot for a specific purpose, Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 22 SUBJECT DISCUSSION ACTION Essentially, there is an original hui of families from long ago who has genealogical ties to the area. Over the generations, they found out uncles and aunties in the past have allowed other people outside the original group to come in. What they've learned in doing these stewardship agreements and facilitating cultural preservations is that you don't get involved in a fight like that. If anything, you offer your assistance to resolve any disputes. Attorney Trask stated at this time, the Administration is committed to participating in something that will work, but will wait until County involvement is desired. They definitely don't want to exacerbate issues or cause any harm. To his immediate knowledge, there hasn't been any further movement, although they may not (inaudible) 100% committed to do something down there, they don't want to cause problems. Commissioner Hayashi stated the Commission is not getting involved with the salt makers. They're talking about the property above it, and she's not sure how it got mixed up. Attorney Jung stated there are two (2) issues. One is what Attorney Trask talked about, where there was talk by the Commission to want to put up fencing, which the money can't be used for, but that's why Ms. Libre was going to give her presentation. The separate issue is the acquisition of the State land, but because the State lands are encumbered by leases, they can't condemn the lands unless the State is willing to give it to them. Also, they would have to work an angle on the executive order, which is why the lands got set aside for a while. Attorney Trask reiterated that they can't condemn State property, and it would be more cost effective to get an executive order. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 23 SUBJECT DISCUSSION ACTION Commissioner Hayashi asked if what he's saying is they cannot get to those lands to which Attorney Trask replied he was more focused on the salt ponds portion of it, but if they're looking to acquire and enter discussions with the State for other parcels, Attorney Jung and their office will need to look at it. Ms. Sadora stated the idea of the Commission was to request, by executive order, the mauka properties above the salt pans, to keep it as open so as to not encourage any agricultural runoff or anything that would cause additional damage. Initially when it came up, the land was leased to G &R, so there was consideration that the lease may be ending. Attorney Trask stated he hasn't heard anything between Ms. Libre and the Mayor regarding that kind of initiative, but it doesn't mean it's not happening; he just doesn't know about it. Commissioner Hayashi asked if they can keep it on the agenda to try and acquire those properties to which Attorney Trask replied it's clearly within their kuleana to identify open space opportunities. Commissioner Hayashi stated they want to separate it because it seems like they're going into the salt pans, which wasn't the original idea. Attorney Trask suggested sending an inquiry to ADC to find out who the licensee is and what the term is. He stated the information is public record. Vice Chair Figaroa asked for any more discussion. Commissioner Hayashi asked if they could get the information to which Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 24 SUBJECT DISCUSSION ACTION Attorney Jung stated he has it and if they keep it on the agenda for the next meeting, he'll bring the maps and identify the mauka lands of salt pond. He couldn't get who the lands were being leased to, but he has the maps which provide an aerial view. Ms. Sadora stated it previously read, Salt Pond Beach Park expansion and buffer zone, but they did away with the expansion part and now are only looking at the open s ace. G.3. Update on vacant commissioner position Ms. Sadora stated they still have one more position. Attorney Jung asked which one is that to which Ms. Sadora replied they have at large council. Ms. Sadora stated there has been no movement and currently no name, so if there's any names or a list the Commission wants to provide, they'd gladly take a look at it. At this point, there's no one in lace. Next Meeting Vice Chair Figaroa announced the next meeting date is on Thursday, May Date and 14, 2015, at 1:00 p.m. at the Mo'ikeha Building — Meeting Room 2A/2B. Agenda Topics for Discussion Commissioner Dela Cruz and Commissioner Ono stated they won't be attending the next meeting. Agenda topics will be replicated from this current agenda, with Items H.1. and H.2. to move to Unfinished Business. Attorney Jung stated there will be an annotated acquisition plan for the Commission to review at the next meeting. Public Access, Open Space & Natural Resources Preservation Fund Commission Regular Open Session April 9, 2015 Page 25 SUBJECT DISCUSSION ACTION I. Adjournment Vice Chair Figaroa adjourned the meeting at 3 :06 p.m. Submitted by: "`- D cie AWL, Staff Support Clerk () Approved as circulated () Approved as amended. See minutes of meeting. Reviewed and Approved by: Joseph Figaroa, Vice Chair