HomeMy WebLinkAbout08/18/2021 Council minutes COUNCIL MEETING
AUGUST 18, 2021
The Council Meeting of the Council of the County of Kaua`i was called to order
by Council Chair Arryl Kaneshiro at the Council Chambers, 4396 Rice Street,
Suite 201, Lihu`e, Kaua`i, on Wednesday, August 18, 2021 at 8:41 a.m., after which
the following Members answered the call of the roll:
Honorable Bernard P. Carvalho, Jr.
Honorable Mason K. Chock
Honorable Felicia Cowden
Honorable Bill DeCosta
Honorable Luke A. Evslin (via remote technology)
Honorable KipuKai Kuali`i
Honorable Arryl Kaneshiro
Council Chair Kaneshiro: Good morning. Today's meeting will be
conducted pursuant to Governor Ige's COVID-19 Response Emergency Proclamation
with the most recent relating to the Sunshine Law dated August 5, 2021. For the
record, we have no registered speakers today for any of our agenda items.
APPROVAL OF AGENDA.
Councilmember Kuali`i moved for approval of the agenda, as circulated,
seconded by Councilmember Cowden.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
The motion for approval of the agenda, as circulated, was then put, and
unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
MINUTES of the following meeting of the Council:
August 4, 2021 Council Meeting
Councilmember Kuali`i moved to approve the Minutes, as circulated, seconded
by Councilmember Carvalho.
Council Chair Kaneshiro: Are there any questions or is there any
discussion on this item from the Members?
COUNCIL MEETING 2 AUGUST 18, 2021
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve the Minutes, as circulated, was then put, and
unanimously carried.
Council Chair Kaneshiro: The motion is carried.
CONSENT CALENDAR:
C 2021-182 Communication (08/04/2021) from Councilmember Kuali`i,
transmitting for Council consideration, a Resolution Authorizing The Acquisition Of
Land For Public Use, To Wit: The 23.5-Acre Parcel Of Land, Situated At Kilauea,
District Of Ko`olau, County Of Kaua`i, Hawai`i, TMK (4) 5-2-005-024, And
Determining And Declaring The Necessity Of The Acquisition Thereof By Eminent
Domain.
Councilmember Kuali`i moved to receive C 2021-182 for the record, seconded
by Councilmember DeCosta.
Council Chair Kaneshiro: It will be coming up as a Resolution later on
in the agenda. Are there any questions or is there any discussion from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to receive C 2021-182 for the record, was then put, and
unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
COMMUNICATIONS:
C 2021-183 Communication (07/08/2021) from the Chief of Police, requesting
Council approval to partner with Corteva Agriscience on a Public Safety Messaging
campaign, whereby Corteva Agriscience, would make direct payments totaling
approximately $9,000.00 to KONG Radio Station (KQNG FM 93.5), for radio airtime
over the course of the remaining 2021 calendar year, and the Kaua`i Police
Department (KPD) would create and read messages on the radio covering various
topics (i.e., traffic safety, ocean safety, crime prevention tips et cetera) directed at
residents and visitors to Kaua`i, in return stating sponsorship by Corteva Agriscience.
Councilmember Kuali`i moved to approve C 2021-183, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions from the Members?
Councilmember Cowden, then Councilmember DeCosta.
Councilmember Cowden: Aloha, Chief Raybuck. Can you explain this?
It seems a little unusual. What inspired it? Tell us a little bit about it.
COUNCIL MEETING 3 AUGUST 18, 2021
There being no objections, the rules were suspended.
TODD G. RAYBUCK, Chief of Police (via remote technology): Good
morning, Chair, Councilmember Cowden, and all of the Councilmembers. Thank you
for the opportunity to speak on this this morning. This came about in a conversation
with Ms. Laurie Yoshida. We were discussing a variety of topics and one of the things
that we were discussing was the increase traffic and traffic issues on our island that
had risen since the increase in tourism. In that conversation, she mentioned that
Corteva has in their annual budget funds to be used for public safety, so she had
asked if the Kaua`i Police Department (KPD) would be interested. The plan was for
Corteva to identify areas of concern in our community and use those funds to try to
increase safety on our island, so she had asked if KPD would be interested in
partnering and recording some messages that we could share, as the memorandum
stated with both our residents, as well as persons visiting our island. On occasion,
KPD does radio spots with both KONG Radio, as well as Star 94.1-those messages
are by invitation, often by the radio station and this would be an opportunity for us
to reach the community on a more regular basis. As the memorandum also
mentioned, none of these funds are coming to KPD. These are funds that were
already earmarked for public safety messaging, funds that would go directly to KONG
Radio. We were just simply invited to assist in recording and sharing those messages,
as well as inviting our other emergency safety and first responder community to
record messages, as well.
Council Chair Kaneshiro: Are there any further questions,
Councilmember Cowden?
Councilmember Cowden: Not right now.
Council Chair Kaneshiro: Councilmember DeCosta.
Councilmember DeCosta: Good morning, Chief. How are you?
Chief Raybuck: Good morning. Thank you. I am doing well.
Councilmember DeCosta: I find it a little unique, myself, that a large
business like that would put nine thousand dollars ($9,000) towards advertising for
something that the Police Department would want to convey the message. Do not get
me wrong, I appreciate the donations from these large companies, but at the same
time, I hope there are no private interest in Corteva and our Police Department. I do
know that they bring in many workers, not only our locals, but I think they do bring
in many import workers. With that being said, I am hoping that there is no conflict
of interest with this little donation and it is transparent.
Chief Raybuck: Thank you, Councilmember. That is the
reason why we are here before you today, so that it is transparent and the community
knows that these funds were not offered to KPD, these funds were set aside for
Corteva's use in public safety messaging. We were simply asked if we would like to
participate in these messages. I do recognize or it appears that this may be unusual
or new, that a company would ask us to partner or sponsor messages for us to partner
COUNCIL MEETING 4 AUGUST 18, 2021
with community safety messages. I know that other law enforcement agencies have
done this in the past, as well. I do not have a "public safety messaging budget for
radio advertisements" and the like, so this is an opportunity for us to partner in that
realm and communicate with our community on a more frequent basis. During the
COVID-19 operation, we were fortunate enough that the Kaua`i Lifeguard
Association invited and sponsored KPD to offer public safety messaging during the
time of quarantine. KPD does not have a foundation. I assume that the Kaua`i
Lifeguard Association receives funds from multiple types of entities and then uses
those funds indirectly to support public safety messaging as they have for us, and
those messages are critical in communicating with our community and helping us to
increase our community safety and save lives. Year to date, we already have had
three hundred ninety-four (394) accidents on the island, one hundred
fifty-seven (157) of those accidents are injuries, where two hundred fifty (250) people
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were injured on our roadways. So I hope that these types of messages will help us
increase our ability to communicate directly with our community and visitors to make
our roads safer.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I certainly appreciate the generosity from
Corteva, it is very kind and I send my gratitude out to Laurie Yoshida and I can see
how conversation just evolves and good offers like this happen. Are you aware of the
level of community conflict that existed about six (6) to eight (8) years ago with the
predecessor of Corteva and the community?
Chief Raybuck: I am aware that sometime before my arrival
here, that there were issues. I am not all that well versed in what the prior history
is, other than some of the challenges and issues there, but as I have mentioned, I do
not know the full depth in scope.
Councilmember Cowden: The marches that occurred were larger than
the Mauna Kea marches. Thank you to the Police Department for being so caring for
the Mauna Kea marches. We had four thousand (4,000) or three thousand (3,000)
people marching, which is a lot for this population. There is also, what I believe
Councilmember DeCosta was referencing, there is often conflict, not necessarily with
Corteva, but with the industry in general with their harvesters who are mostly male
that come for extended periods of time and there are complaints of what is considered
inappropriate harassment of women and particularly girls.
Council Chair Kaneshiro: Councilmember Cowden, we are trying to
figure out how this is a question and relating to the donation of the money for the
radio.
Councilmember Cowden: I do not see how it is difficult, so maybe I need
to ask Matt Bracken, but the thing is that the perception could be that this puts the
police in line with that industry, so there could be perception issues. I agree that the
need is good. I agree that the generosity is an integrity. There just might be a
perception. Is Matt Bracken on?
COUNCIL MEETING 5 AUGUST 18, 2021
Council Chair Kaneshiro: Why do you need Matt on? What is the legal
question you are going to ask?
Councilmember Cowden: I want to ask if there is any potential conflict
that we could have later, if there was a call regarding the industry, is there a
challenge that could be there, is there anything that makes it be that we cannot do
this?
MATTHEW M. BRACKEN, County Attorney (via remote technology): The
purpose of this item being on Council's agenda is because it is a donation or a gift, so
Council's acceptance of going through this public hearing process is what we do on all
gifts, so I do not have any concerns, because it is going through this public process
and being accepted through this public process.
Councilmember Cowden: Thank you.
Council Chair Kaneshiro: Councilmember DeCosta.
Councilmember DeCosta: Maybe I can shed some light for you,
Councilmember Cowden. Chief, later on can you give us a report, I would like to
share with our Council a report on Corteva employees in the last three (3) years who
have been in trouble with the law. Would that be possible to get that type of record?
If they were actually arrested. We are not asking for something that is not a public
record. I think that is where you are going with this, is that what you are wanting to
do?
Councilmember Cowden: I just wondered if he was aware, because I
know he is new. I appreciate the integrity. I appreciate the intention. I appreciate
the outcome. I just think it needs to go on record that it is a little uncomfortable.
Council Chair Kaneshiro: I think we are getting way off topic. We are
requesting criminal records on a topic where we are supposed to receive a donation.
Basically, they are being transparent, getting Council approval for this donation, and
if any Councilmember feels uncomfortable with it, then we vote "no." That is what it
comes down to. We have received money from all types of organizations and we have
never asked for criminal records.
Councilmember Cowden: I did not ask for that.
Council Chair Kaneshiro: I am just saying, it feels like we are getting off
topic. It simply is that they are providing the money directly to the radio station for
the advertisements, it is not going to the Police Department.
Councilmember Cowden: I am just bringing up the perception challenge
given the history. I just wondered if he was aware of it when the idea came up.
Sounds like you were not really aware of the past challenges of any depth. That was
really what my question was.
COUNCIL MEETING 6 AUGUST 18, 2021
Council Chair Kaneshiro: Are there any further questions from the
Members regarding the donation? Councilmember Carvalho, if it is a comment, we
can wait.
Councilmember Carvalho: Question to the Chief. Can you reinforce
again, that you are not receiving any funding. You just came to the table to clear any
perception that we are trying to get the message out to our people in every single way
possible and in this particular discussion, no funding is coming. I appreciate you
folks coming to the table. I just want you to reiterate again, what is the process.
Explain that one more time, for me.
Chief Raybuck: Thank you, Councilmember Carvalho. That
is correct. KPD is not receiving any funds. This is not a donation of money to KPD
or the County. These are funds that are being paid directly to KONG Radio. The
invitation was that KPD provide recorded messages directly working with the radio
station that would provide public safety messaging to the entire community. That
messaging would include that the spot was paid for by Corteva. The purpose of
coming here today was to be transparent in the community and be able to say that
we have been asked to partner with the public safety messaging through Corteva's
generosity. My understanding is that this is an annual budget line item that Corteva
has for public safety messaging in their annual budget. Because of the ongoing
challenges that we have had, particularly fatalities on our roadways, impacting our
local residents, and family members, they offered to allow us to share KPD's message
on their platform at their expense, so KPD is not receiving any funds. Clearly, I do
recognize and appreciate Councilmember Cowden's concerns. Perception is a reality
for many people. I do not want to dismiss the challenges of the past, I was not here,
I did not personally witness any of those activities. I have certainly have never
received reports of mistreatment of employees and things like that. Typically, that
is not something that would come to the Police Department, unless it was a criminal
matter, nor would I condone that type of activity if I was aware of it. As has been
mentioned, this has been an opportunity for us to communicate directly with our
constituents about the importance of safety on our island to save lives and help us
get our message out.
Councilmember Carvalho: Thank you, Chief.
Council Chair Kaneshiro: Are there any further questions from the
Members? Is there any final discussion from the Members?
There being no objections, the meeting was called back to order, and proceeded
as follows:
Council Chair Kaneshiro: I just want to make it very clear that this
funding is going directly to the radio station. They asked if the police wanted to use
any of that time that they have purchased at the radio station for their own
messaging. Police said they are going to use it for various topics, such as, traffic
safety, ocean safety, crime prevention tips, et cetera. They are being completely
transparent, bringing it to the Council floor, having us vote on this, and we can talk
perception or whatever. Basically, they are allowing some type of air slot at the radio
COUNCIL MEETING 7 AUGUST 18, 2021
station for the police to send out their message. I am totally in favor of it. I am
thankful that messaging is not having to come out of the Police budget and I will be
voting in favor of this. Is there anyone else?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-183 was then put, and unanimously carried
(Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai,
Councilmember Cowden was noted as silent, but shall be recorded as an
affirmative for the motion).
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-184 Communication (07/23/2021) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau, requesting Council
approval of the indemnification language contained in the subscription service
agreement for use of the Garmin GPS devices by Kaua`i Police Department detectives
for search and rescue efforts.
Councilmember Kuali`i moved to approve C 2021-184, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions on this item? Council
Vice Chair Chock.
Councilmember Chock: Thank you, Chair. I support this. I wanted
more insight on how the GPS system works for our operations, if you do not mind
sharing with us.
There being no objections, the rules were suspended.
PAUL N. APPLEGATE, Captain, Investigative Services Bureau (via remote
technology): Good morning, Councilmembers and Council
Vice Chair Chock. Paul Applegate, Captain, Investigative Services Bureau. How this
works is a fairly new technology. Traditionally, you would have a GPS or a cell phone
communicator, cell phone texting, or a satellite phone. What this unit does is combine
the features of texting and GPS. This unit is relatively inexpensive and the subscription
is relatively inexpensive compared to a traditional satellite phone. With this unit, an
officer in the field, such as in search and rescues in Kalalau and Koke`e and out of range
of cell phone or radio service, we can text messages to each other to cell phones or other
units. I actually have my own personal device that I bought with my own money that I
use for safety when I go into the mountains or on a boat. I also bought a unit last year
for my daughter who lives in Oregon; when they had the wild fires and the cell phones
went out, she would text me often. So this is really good technology that combines
features of GPS and texting.
COUNCIL MEETING 8 AUGUST 18, 2021
Councilmember Kaneshiro: Are there any other questions from the
Members? If not, thank you. Is there any final discussion from the Members?
Councilmember Cowden.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Councilmember Cowden: I just want to acknowledge my gratitude and
appreciation for the many ways that our first responders, including our Police
Department, are becoming more effective for the benefit of our community. I am very
pleased to hear this and thank you.
Captain Applegate: Thank you.
Council Chair Kaneshiro: Is there anyone else?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-184 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried.
C 2021-185 Communication (07/23/2021) from the Life's Choices Kaua`i
Coordinator, requesting Council approval to apply for, receive, and expend additional
State funds in the amount of $110,000.00, and approval to indemnify the State of
Hawai`i, Department of Health, Alcohol and Drug Abuse Division (ADAD),
Partnership for Success (PFS) grant, for the reoccurring grant period of
September 30, 2021 through September 29, 2022, to support coordination for a
Substance Abuse Prevention System (SAPS) and provide services to build capacity of
the substance abuse prevention system and support implementation of efforts to
address underage drinking.
Councilmember Kuali`i moved to approve C 2021-185, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions from the Members? If
not, is there any discussion from the Members? Councilmember Cowden.
Councilmember Cowden: Again, I just want to express my appreciation
for the important work that is continued. No questions, because this is a continuation,
but I want to particularly acknowledge Theresa Koki, but the entire Office of the
Prosecuting Attorney for continuing work to help solve the problem not just attack the
crime. Thank you very much.
Council Chair Kaneshiro: Is there anyone else? Councilmember
DeCosta.
COUNCIL MEETING 9 AUGUST 18, 2021
Councilmember DeCosta: I would like to "piggyback" on that. Ms. Koki,
thank you for an excellent job. We are lucky to have you. The mance() and the
compassion you bring to this topic is at the forefront. Thank you very much.
There being no objections, the rules were suspended.
There being no objections, the meeting was called back to order, and proceeded
as follows:
THERESA KOKI, Life Choices Kauai Coordinator (via remote technology):
Thank you.
Council Chair Kaneshiro: Is there anyone else?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-185 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-186 Communication (07/27/2021) from the Housing Director,
requesting Council approval to receive and expend Federal funds, in the amount of
$3,050,000.00, from the Homeowner Assistance Program as authorized by the
American Rescue Plan Act (ARPA) of 2021 (Public Law No: 117-2), to mitigate
financial hardships associated with the Coronavirus pandemic by helping
homeowners at risk of losing their housing with payments for qualified expenses
related to mortgage and other housing costs. The total subsidy per household may
not exceed $30,000.00.
Councilmember Kuali`i moved to approve C 2021-186, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: I do believe we should have Adam give a brief
overview of this item and what qualifies residents for this money.
There being no objections, the rules were suspended.
ADAM P. ROVERSI, Housing Director (via remote technology): Good
morning, Council Chair. Adam Roversi, Housing Director for the County of Kauai.
Thank you. This homeowner's assistance program is a Federally funded program. The
State has received a total allocation of fifty million dollars ($50,000,000) and the County
of Kaua`i has been allocated three million fifty thousand dollars ($3,050,000)of that fifty
million dollar ($50,000,000) total. We have also been selected along with Hawaii
County to be the first Counties to start the program under early funding. The State
received an early pilot program funding and they have not yet received the bulk of their
funds, so they have given us and Hawaii County the initial funding to get started early.
We are targeting to get this program up and running by October 1st. We are still
working through the agreement with the State, as well as agreements with a nonprofit
COUNCIL MEETING 10 AUGUST 18, 2021
provider who can run the program for us. As you will see, compared to the twenty-two
million dollar ($22,000,000) rental assistance program that we began back in May, this
is a much smaller pool of money. Because of the financial constraints, unlike the rental
program, the focus of this is going to be mostly on making small payments to incentivize
refinances, deferrals, and various sorts of mortgage workouts, as opposed to simply
making large cash payments to mortgage holders and service providers, because we do
not have enough money for that. Some of the broad requirements is it has to be for
primary residents only, you cannot own more than one (1) house, so you can only own
one (1)piece of real estate. There are some income qualifications, although they are not
as restrictive as the Rental Assistance Program. I believe it can help people who make
up to one hundred fifty percent (150%) of Area Median Income (AMI), but sixty
percent (60%) of the funds have to go to people earning one hundred percent (100%) of
AMI or below. We are tentatively planning to work with Hawaii Community Assets
and Hawaii Community Lending. We are required by the Federal program to work
with a Community Development Finance Institution(CDFI), I could have that acronym
wrong, but it basically is a United States Department of Housing and Urban
Development (HUD) certified community lending entity that has HUD-certified
housing counselors who are qualified to work with borrowers, who are well versed
enough to deal with loan service providers. That is the broad overview, unless you have
any other questions. As I have mentioned, we are working to get it up and running in
October. We will have much more detailed information as the State agreement is
finalized, and our agreement with the nonprofit entity is finalized, and of course do a
public relations campaign, so the public is generally aware of how to apply, where to go,
and what the requirements are, but we do not really have all those details worked out
quite yet.
Council Chair Kaneshiro: Yes, that was going to be my next question,
whether the County was going to implement it or we were going to do what we did with
the Rental Assistance Program. It sounds like we are going to try and find an entity
outside of the County to implement this program.
Mr. Roversi: Correct. We do not have County employees
who are HUD-certified housing counselors, and that is one (1) of the requirements of
Federal funding.
Council Chair Kaneshiro: Thank you. Councilmember Kualii.
Councilmember Kuali`i: When you said, "Sixty percent (60%) of funds
would go to what AMI?"
Mr. Roversi: One hundred percent (100%) and below.
Councilmember Kualii: October 1st is right around the corner, but you
are talking with potential nonprofit CDFIs now.
Mr. Roversi: Yes, we have already shared draft agreements
and are working through the details of how the program is going to operate. The State
is similarly working on their own grant agreement with us. It is a little bit of a
convoluted story, but in order to get any funding, the State had to submit an action plan
COUNCIL MEETING 11 AUGUST 18, 2021
to the Federal government. The guidelines for what that action plan needed to contain
were not shared with the State until last week, so it is sort of a "chicken and an egg."
We were offered this funding, racing to get it out, but not being provided with all the
information necessary to actually implement the program yet, so we are doing work,
then wait to hear from the Federal government, we do a little more work, we wait to
hear from the Federal government. It seems that everything is finally starting to line
up. The State is going to be submitting its plan, I believe by the end of this week, which
will trigger the release of the funds and allow the State to finalize its agreement with
us to provide us with the funding, which will then allow us to finalize the agreement
with our nonprofit provider.
Councilmember Kuali`i: The three million dollars ($3,000,000) needs to
be awarded and expended by what time period?
Mr. Roversi: I might have to get back to you with that
specific date, Councilmember Kuali`i.
Councilmember Kuali`i: Okay.
Mr. Roversi: I believe we have well over a year, but I do not
have the specific date in front of me. Given the small amount of money, unlike the
Rental Assistance Program where we are struggling to spend down our pool, I do not
think there will be any difficulty spending down three million dollars ($3,000,000) for
mortgage assistance.
Councilmember Kuali`i: I could not write fast enough when you were
talking about how the money would be spent. You said, small payments to work out
refinancing and not necessarily to make mortgage payments, but it says, not to exceed
thirty thousand dollars ($30,000). What are the kind of expenses that are involved with
small payments and refinancing?
Mr. Roversi: We are trying to deal with the reality that three
million dollars ($3,000,000) will not serve that many households, if we are trying to
make people entirely whole on their mortgage. For example, if they have not made a
mortgage payment in the last year and a half, they are going to be tens of thousands of
dollars behind. So an example of what the funding could be used for productively, is to
pay down all the late charges on a mortgage, so that a lender is more comfortable
offering a deferral, or some sort of a work out, or refinance by clearing up some, but not
all of the mortgage holders debt.
Councilmember Kuali`i: Thank you.
Mr. Roversi: If we are able to successfully do that, we will be
able to serve more people, and keep more people in their houses, as opposed to
completely paying down loans for a small number of people. The State agreement with
us is tentatively targeting or requiring us to serve approximately eighty (80)
homeowners with the three million dollars ($3,000,000).
Councilmember Kuali`i: Thank you. That makes it a little bit clearer.
COUNCIL MEETING 12 AUGUST 18, 2021
Council Chair Kaneshiro: Councilmember DeCosta, then Council Vice
Chair Chock.
Councilmember DeCosta: Adam, I have a question for you. Maybe you
can clarify this for the homeowners who have a mortgage with a rental unit, "ohana
unit, or a second home attached to their home. For example, we had a deferral where
your mortgage company gave you up to three (3) months to defer your mortgage. So a
lot of mortgage owners applied for the rental assistance, so now they have their rental
assistance moneys, and those moneys are now to be used to pay back their mortgage,
but can that mortgage holder also apply for this three million dollar ($3,000,000) pool,
because they had a month of deferred mortgage, or they have already received their
money from the Rental Assistance Program and they would not qualify.
Mr. Roversi: I believe, at least preliminary, that those are
sort of"apples and oranges." In theory, the assistance that they would have received
from the Rental Assistance Program would have been on behalf of a tenant in an `ohana
unit, in the example that you are talking about, whereas they could seek assistance
through this program for their primary residence.
Councilmember DeCosta: Thank you, Adam.
Council Chair Kaneshiro: Council Vice Chair Chock.
Councilmember Chock: Thank you, Chair. Adam, I want to confirm,
are there any limitations, for instance, publicly subsidized developments, or
government developments, like Department of Hawaiian Home Lands (DHHL)
mortgage holders, would they be able to apply for such a program?
Mr. Roversi: I will need to dig through some of the fine print,
but the goal of this program is to keep people in their homes. For example, if someone
has a United States Department of Agriculture (USDA)loan, and the USDA has already
put them into a workout program or a deferral program, so they are not at risk of losing
their home or being foreclosed upon and for example, the loan provider has moved
ten (10) months of payments just to the end of your loan, so instead of your loan being
thirty (30) years, your loan is now thirty-one (31) years. The program is not designed
to go out and find those people and payoff those mortgage payments that have been
pressed into the future, because that homeowner is not at risk of being foreclosed and
kicked out of their house. Our goal is to keep people in their homes, so we are targeting
people that have not been able to already find those deferral and workout programs
with their current lender.
Councilmember Chock: Thank you. Oftentimes, there is commingling
of government funds that do not jive and I just wanted to make sure that was not one
of the hindrances. Thank you.
Mr. Roversi: I want to be clear that, because we do not have
the final State agreement that really gives us all the "nuts and bolts" of exactly how we
need to operate this program, some of my answers may be a little bit tentative, to my
COUNCIL MEETING 13 AUGUST 18, 2021
best understanding based on the guidance that we received, but I do not have all the
details in"black and white" quite yet.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: This might be a little vague, because you are
saying you do not have the details. With the twenty-two million
dollars ($22,000,000) for the rent help that went to the landlord, you do not give it to
the people applying for it. You make sure it gets paid to the utilities or the rent, correct?
Mr. Roversi: Broadly speaking, there are some exceptions,
where if we have an uncooperative landlord,we can make payments directly to a tenant,
but the program is set up with a preference that payments go directly to landlords or
directly to utility providers. Similarly for this Mortgage Assistance Program, when
checks are written, they are going to be given to the loan servicer not to the homeowner,
so that we are certain that the funds are going to the purpose of the program.
Councilmember Cowden: The CDFI, are they the ones that will be
working directly with the loan providers in all of this? You are saying that organization
is going to be doing most of the work and not the Housing Agency.
Mr. Roversi: Correct, they will essentially be the middle
person between the mortgage holder and the loan servicer, helping to negotiate terms
of any sort of a workout, refinance, or a deferral program and handling the request for
the issuance of payments to the loan servicer on behalf of the mortgage holder.
Councilmember Cowden: I want to thank you and however we got this
and the fact that you are trying to just be right on top of it, as early as possible, because
this is so long needed and long overdue. The mortgage forbearance has been a problem,
so many houses are already sold and families have had to leave the island, but when we
can help keep our people in houses, and I know you are working so hard to do. I am
happy this is here. Do you have any sense if there will be more money coming? We
have had some rental assistance a few times, then we finally received a big pot, is there
a sense that there might be something behind this? Like more money coming.
Mr. Roversi: I am aware of more money coming for
additional rental assistance, but I am not aware of any additional mortgage assistance
fundingthe pipeline.
ip eline.
Councilmember Cowden: Okay, thank you.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: Adam, you said one hundred percent (100%)
AMI or lower, do you know if the other forty percent (40%) has additional limitations?
It would be kind of crazy, if the rest of it was no cap at all and no one can access this
money.
Mr. Roversi: My understanding is the remainder can be
used for homeowners that make up to one hundred fifty percent (150%) AMI.
COUNCIL MEETING 14 AUGUST 18, 2021
Councilmember Kuali`i: One hundred fifty percent (150%) AMI is the
top.
Mr. Roversi: Correct.
Councilmember Kuali`i: Thank you.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: Thanl you, Chair. Adam, I have heard, in
regards to the Rental Assistance Program, and I know this is a Nationwide issue, but
mainly, as I understand, is because of the Federal requirements they cannot get
funding, because they mostly have to jump through...One anecdotal example I heard
was, if someone's landlord is not paying excise taxes, then the tenant cannot get access
to funding. I do not know how true that is, but certainly a lot of people that might need
it are having a hard time getting it. So this goes to both programs. The County does
not have any additional restrictions on top of what the State and Federal government
might require that we have, right? We are not putting these hurdles in place, these are
all things that the State and Federal government are mandating that we follow.
Mr. Roversi: Broadly speaking, with rental assistance,
correct. The Federal funding agreement requires that we have to demonstrate a certain
level of fiduciary responsibility for the funds and account for where they go. We did
establish just procedures as to how...we were given broad outlines, we were given
specific guidance, then we have to fill in the blanks, so working with Kauai Government
Employees Federal Credit Union (KGEFCU) we did establish procedures, which were
lenient. For example,when people are not able to show...perhaps their employer is now
out of business and they cannot get a letter from their former employer that they were
laid off, we are allowing people to do a sworn affidavit instead. We created that more
lenient option; it is not part of the Federal program. So we have had to create some of
our own rules, but I think by and large,we always have tried to err on the side of getting
more money into people's hands, as opposed to set up restrictions. There have been a
few situations where we have unfortunately have had to say "no." If someone has
always paid their rent in cash and the landlord has never deposited any of it in the
bank, so there is no record of anyone ever paying rent or the landlord ever receiving
rent, except what these two (2) people have to say. That is difficult to give someone
twenty-five thousand dollars ($25,000) when there is no record of any sort of rent
payments, rental agreement, or deposits in a bank account. There are situations where
people may fall through the cracks because of documentation and record issues, but I
think it is the exception rather than the rule.
(Councilmember Chock was noted as not present.)
Mr. Roversi: As I have mentioned to Councilmember
Cowden, while the non-payment of General Excise Tax(GET)by landlords are certainly
an issue, that is not an issue that we have concerned ourselves with when giving out
rental assistance. That is not something we are checking. We are not demanding any
information about GET. I know anecdotally, that some landlords are hesitant to
cooperate, because they are aware that the State may have access to some of this data
COUNCIL MEETING 15 AUGUST 18, 2021
later on, which is correct, but like I said, in instances of uncooperative landlords, we can
provide payments directly to tenants.
Councilmember Evslin: That is great to know. It is good that we can
counter that myth out there,because I have heard it a few times, in regards to the excise
tax payments and landlords not wanting to be cooperative with their tenant for that
reason. It is also good to hear that you folks are being as lenient as possible. I do not
mean to call out the County in any capacity for not spending these funds down as
quickly as we can. I read something that about three (3) municipalities in the country
are spending the funds at the rate expected, so nobody is able to spend this money very
well. That is all the questions I have. Thank you, Adam.
Mr. Roversi: I will "toot our own horn" and say, I think we
are spending funds down faster than any of the other neighbor islands. Honolulu is
definitely far above everyone else and they have a million people and far more renters
than we do, but at half the population, we are still spending our funding down faster
than Maui or Hawai`i Island.
Council Chair Kaneshiro: That is good news. Are there any further
questions from the Members? Councilmember Kuali`i, then Councilmember Carvalho.
Councilmember Kuali`i: One last quick question. With the COVID-19
Rental Utility Assistance Program, there is going to be a round two. I am not sure if
that is what Councilmember Cowden was asking and if you answered. Beyond this
three million dollars ($3,000,000), will there be a round two?
(Councilmember Chock was noted as present.)
Mr. Roversi: I do not have any information about additional
funding for mortgage assistance.
Council Chair Kaneshiro: Councilmember Carvalho.
Councilmember Carvalho: Adam, justone quick question. I wanted to
clarify the October 1st date. What does that mean? That date is the start date, you are
going through the process, or you feel confident that the October 1st date, once upon
approval, because everyone is sitting and waiting, and I just wanted to get a better
understanding of that date you put forth.
Mr. Roversi: Our hope is that on October 1st there will be a
website that someone can go to and start filling out an application.
Councilmember Carvalho: Okay, start filling out an application.
Mr. Roversi: Again, that is an optimistic hope. There is a lot
to get done before that date, but we are going to do our best to meet it.
Councilmember Carvalho: Okay, I just wanted to clarify that. Thank you.
COUNCIL MEETING 16 AUGUST 18, 2021
Council Chair Kaneshiro: Are there any further questions from the
Members? Is there any final discussion from the Members? Councilmember Kuali`i.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Councilmember Kuali`i: I just wanted to say thank you. I think it is
really important that we get as much assistance out into our community as possible. I
appreciate all the work that you folks are doing to get this done.
Council Chair Kaneshiro: Is there anyone else?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-186 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-187 Communication (07/28/2021) from the Fire Chief, requesting
Council approval to receive and expend State funds, in the amount of$344,962.00, to
provide lifeguard services at Ke`e Beach, Ha`ena State Park, from July 1, 2021
through June 30, 2022.
Councilmember Carvalho moved to approve C 2021-187, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Do we have any questions from the Members
on this item? Chief, if you could give us a brief overview of what these moneys will be
going to, I think that would be helpful for the public to hear.
There being no objections, the rules were suspended.
STEVEN R. GOBLE, Fire Chief(via remote technology): Good morning.
Thank you, Council Chair and Members of the Council. I just wanted to put this item
before you to receive and expend these funds from the State, specifically for lifeguard
services out at Ke`e Beach. Ultimately, this number is derived from the number of
positions required to staff that location three hundred sixty-five (365) days a year. That
is four (4) of our Ocean Safety Officers and one (1) part-time Ocean Safety Officer.
Again, that provides that coverage for the entire fiscal year and accounts for the payroll
and fringe costs associated with those positions.
Council Chair Kaneshiro: Are there any questions from the Members? If
not, I will call this meeting back to order. Councilmember Cowden.
There being no objections, the meeting was called back to order, and proceeded
as follows:
COUNCIL MEETING 17 AUGUST 18, 2021
Councilmember Cowden: I, for one, would imagine that we are all very
thrilled to be getting this funding back from the State. We are very happy for this and
thankful to have the lifeguards continuing there at Ke`e Beach. It is the very end of
where people might be swept out and floating, and the next stop would be down the Na
Pali Coast. It is truly a life-threatening area. It is a beautiful, attractive nuisance in
terms of bringing vulnerable people there to swim. It is super important. Every day
we value our lifeguards, our ocean safety people, as they are the "bull riders" of the
County. Thank you.
Council Chair Kaneshiro: Is there any other discussion? Councilmember
DeCosta.
Councilmember De Costa: Thank you, Chief Goble. I just wanted to say
thank you for the lifeguards across Kaua`i. You made it apparent that Ke`e is the most
treacherous area of ocean that we have. Those lifeguards out there at Kee, we really
appreciate them, big time. Thank you.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: Thank you, Chief Goble for coming to us with
this and for giving us the opportunity to briefly talk to you about this last week.
Lifeguards at Ke`e are obviously so vital. I was just there and spent the day there.
There was a little bit of a north swell. There is such a strong rip just coming off that
current and I do not think people realize that. Thankfully the lifeguards there did not
have to make any rescues, but they are constantly telling people to get away from that
channel or you will get swept out to sea. With a little bit of a swell,people are constantly
falling on the reef. I was shocked that no one got hurt while we were there. Ke`e is an
amazing treasure for Kaua`i, but it can also be treacherous. Ensuring that there are
lifeguards there is vital. Ensuring that the State pays for it, because it is a State beach
park is also vital. I appreciate this on all fronts.
Council Chair Kaneshiro: Does anyone else have any final discussion?
JADE K. FOUNTAIN-TANIGAWA, County Clerk: Council Chair Kaneshiro,
can I make a clarification on the dates?
Council Chair Kaneshiro: Okay.
Ms. Fountain-Tanigawa: It should read July 1, 2021 through
June 30, 2022.
Council Chair Kaneshiro: So noted. Is there any other discussion from
the Members? I also want to say that I appreciate us getting the money from the State.
It is one of those circumstances where we have County lifeguards at a State beach. It
does make sense that the State gives us money to lifeguard that beach. I am very
appreciative of that money.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
COUNCIL MEETING 18 AUGUST 18, 2021
The motion to approve C 2021-187 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-188 Communication (07/29/2021) from the Deputy Planning Director,
transmitting for Council approval a request to apply for, receive, and expend Transit
Oriented Development (TOD) Capital Improvement Program (CIP) Planning Funds in
an amount of up to $500,000.00, for pre-planning, master planning, other planning
studies, and infrastructure assessment for TOD projects and TOD infrastructure
identified through State-County consultation, coordination, and collaboration aligned
with shared TOD goals and objectives, and to indemnify the State of Hawai`i in
accordance with the State of Hawai`i General Conditions (AG-008 103D) for
administering the subject program.
Councilmember Kuali`i moved to approve C 2021-188, seconded by
Councilmember Chock.
Council Chair Kaneshiro: I will have Jodi or someone else explain the
money and the TOD.
There being no objections, the rules were suspended.
JODI A. HIGUCHI SAYEGUSA, Deputy Planning Director (via remote
technology): As mentioned, we are seeking your approval to apply for, receive, and
expend TOD CIP planning funds for up to five hundred thousand dollars ($500,000).
These funds must be used for planning, design, and/or infrastructure assessments to
support State or County transit-oriented development projects. The proposal we are
considering for this funding opportunity is a plan to analyze the feasibility and barriers
to redevelop portions of the Lihu`e Civic Center to include a measure of mixed-uses.
Encouraging mixed-uses within the Civic Center and the Lihu`e Town Core, and in close
proximity to the recent Eiwa Street transit hub that was created and the improvements
funded by the Transportation Investment Generating Economic Recovery (TIGER)
grant aligns with the transit-oriented development objectives, as well as the General
Plan and the community plan policies that encourage mixed-use development in these
areas. The size and magnitude of any development would really depend on this study
and what may be feasible. That is just a really brief overview of what we are
considering. I can pause now for any questions.
Council Chair Kaneshiro: Are there any questions from the Members?
Council Vice Chair Chock.
Councilmember Chock: Thank you, Jodi, for the overview. I am excited
about the opportunities that we have discussed in the past for expansion. I am just
curious as to some of the vision...there has been discussion for housing potential, as
well as parking needs, for the Lihu`e Town Core. Of course, our departments are pretty
squeezed in, and your department in particular. I am just curious if all of those aspects
have been or are being taken into consideration at the initiation of this study.
COUNCIL MEETING 19 AUGUST 18, 2021
Ms. Higuchi Sayegusa: Right. Last year we came before you to seek
approval to apply for this same pocket of moneys. We were awarded two hundred fifty
thousand dollars ($250,000) and those moneys are going to be used for a mobility hub
program or a mobility plan. That will assess parking demands, parking needs, and also
other transit hub needs, whether it be possibly in the future to include other amenities
like a car-share program, bike-share programs, and those types of things. That is
already being studied. Part of that is going to be studying the parking requirements
and demand, and possibly in the future, how to reduce emphasis on parking and
encouraging people to use other modes of transportation. These moneys is looking at
specifically the possibilities of redevelopment and would include the possibility of some
housing, but also a childcare facility, and to understand the barriers of redeveloping a
public-owned property with various management and other uses. These projects are
aimed at looking at the possibilities of what could be and how this area could be
redeveloped going forward. The emphasis is also to keep the Civic Center uses as-is to
accommodate the existing government uses primarily, but to also give us the different
options and how feasible is it to include other mixtures of uses. The magnitude of such
would be really dependent on this study.
Councilmember Chock: My only other question is when is the
feasibility study slated to be completed?
Ms. Higuchi Sayegusa: I am sorry, I could not hear the last part of your
question.
Councilmember Chock: When do you intend to complete the study?
Ms. Higuchi Sayegusa: The feasibility study would have to be done by
2024. We are looking at a couple of years out. The deadline for the project would be
January 2024. Of course, if we are able to secure the funding, we would have to go
through the procurement process.
Councilmember Chock: Thank you.
Ms. Higuchi Sayegusa: I just wanted to clarify that the previous
moneys was also in partnering with the State and evaluating the needs of the State
properties around the County as well.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: We were basically given a copy of this maybe a
year ago. Is that correct?
Ms. Higuchi Sayegusa: Last year we came before you with a proposal
for the mobility hub piece, which we were able to secure funding for. The emphasis this
year is to focus on studying the feasibility of the redevelopment itself.
Councilmember Cowden: It looks like this is a less detailed drawing. If I
remember last year it was replacing the Central Pacific Bank building, involved the
COUNCIL MEETING 20 AUGUST 18, 2021
building and building housing where the old Police Department building was, and to
take down the State Department of Health building. Am I remembering that correctly?
Ms. Higuchi Sayegusa. Again, the background and the reason we
brought that up as a part of the proposal last year was because there are various needs
surrounding the Civic Center, including possible redevelopment of the State properties,
including that old police station and the Central Pacific Bank or the Lihu`e Plaza
property that is currently being redeveloped. Again, that would be relevant to the scope
of the mobility needs or the possibility of expanding upon the `Eiwa Street transit hub
or using the property between the Historic County Building and the State Building, and
maybe that would be site for a mobility hub that would include connections to bus,
another bus stop there, or other types of transit facilities that are located at that
location. We included that in the proposal last year, because there are going to be
various needs to plan future transit options.
Councilmember Cowden: Okay.
Ms. Higuchi Sayegusa: These current moneys are looking at the
redevelopment itself.
Councilmember Cowden: Okay, thank you. I think I saw Lee Steinmetz'
name on the screen somewhere. If he is there, I just want to say that I appreciate all
that you do.
Council Chair Kaneshiro: Are there any other questions from the
Members? Councilmember Evslin.
Councilmember Evslin: Jodi, I have heard ongoing concerns from
business owners along Rice Street that if they are trying to redevelop that often
minimum parking restrictions end up making redevelopment hard and maybe work
counter to the idea of a walkable Rice Street when you have to dedicate so much of your
land space to parking stalls. There has been ongoing concern and talk about trying to
better connect some type of municipal parking lot like the Convention Hall. I think the
Lihu`e Community Plan even references the idea of a parking structure somewhere as
sort of somewhere people can come and park, and Rice Street will not need to have all
of this parking. Is there any consideration to try to tie that into this in some capacity?
Or is this looking at something else entirely?
Ms. Higuchi Sayegusa: Again, that would be a part of the scope of last
year's funds that we are currently going through the procurement process for. Again,
we are going to procure consultants to look at the parking needs primarily within the
Civic Center area, but also serving the needs of Rice Street and Lihu`e Town Core. I
think immediately, the Convention Hall parking area is currently available to support
Rice Street for parking right now. Again, last year's funding and the project that we
are working on procuring a consultant for should also take into account those other
needs.
Councilmember Evslin: I think the Convention Hall is perfect. There
is a large lot that is empty all day long. It is just hard often to park there. It feels like
COUNCIL MEETING 21 AUGUST 18, 2021
you are trespassing on a couple of the properties to get from the Convention Hall to Rice
Street. There is not a clear access to Rice Street. Thank you. This all sounds exciting.
Ms. Higuchi Sayegusa: Thank you.
Council Chair Kaneshiro: Are there any other questions from the
Members? If not, I will call this meeting back to order.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Council Chair Kaneshiro: Is there any final discussion from the Members
on this item.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-188 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-189 Communication (07/29/2021) from the Deputy Planning Director,
transmitting the Planning Commission's recommendation to approve the petition to
amend Ordinance No. PM-2006-383, as amended, by Ordinance No. PM-2009-394,
Relating to Zoning Designation in Nawiliwili, Kaua`i.
Councilmember Kuali`i moved to receive C 2021-189 for the record, seconded by
Councilmember Carvalho.
Council Chair Kaneshiro: Again, this is just the Communication. This
item will come up later on our agenda. Are there any questions or discussion from the
Members?
(Written testimony was received and no registered speakers requested to testify
regarding this agenda item.)
The motion to receive C 2021-189 for the record was then put, and unanimously
carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-190 Communication (08/03/2021) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance Amending Chapter 5,
Section 5-2.4, Kaua`i County Code 1987, As Amended, Relating To Motor Vehicle
Certificate Of Ownership And Registration Fees.
Councilmember Kuali`i moved to receive C 2021-190 for the record, seconded by
Councilmember Cowden.
COUNCIL MEETING 22 AUGUST 18, 2021
Council Chair Kaneshiro: Are there any questions or discussion from the
Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to receive C 2021-190 for the record was then put, and unanimously
carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-191 Communication (08/03/2021) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance Amending
Chapter 17, Section 17-1.1 Kaua`i County Code 1987, As Amended, Relating To The
General Provisions Relating To Motor Vehicles And Traffic Regulations.
Councilmember Kuali`i moved to receive C 2021-191 for the record, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or discussion from the
Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to receive C 2021-191 for the record was then put, and unanimously
carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-192 Communication (08/04/2021) from the Executive on Aging,
requesting Council approval to receive and expend a total of $210,453.00 in State
General Funds for Fiscal Year 2022, and to indemnify the State Executive Office on
Aging, for Kupuna Care services ($187,843.00) and Elder Abuse Case Management
services ($22,610.00), for the period starting July 1, 2021 through June 30, 2022.
Councilmember Kuali`i moved to approve C 2021-192, seconded by
Councilmember Carvalho.
Council Chair Kaneshiro: Are there any questions or discussion from the
Members? Councilmember Cowden.
Councilmember Cowden: Is Kealoha there? I was just wondered about
the twenty-two million dollars($22,000,000). I know this is reoccurring and I appreciate
this so much. What does the twenty-two million dollars ($22,000,000) mostly go to? I
am so sorry, it says twenty-two thousand dollars ($22,000). I am sorry, I am seeing too
many zeros.
COUNCIL MEETING 23 AUGUST 18, 2021
Council Chair Kaneshiro: I wish it said twenty-two million
dollars ($22,000,000).
Councilmember Cowden: Okay, never mind. Thank you.
There being no objections, the rules were suspended.
LUDVINA K. TAKAHASHI, Executive on Aging (via remote technology): The
Elder Abuse funds of twenty-two thousand dollars ($22,000) will go towards helping us
address scams. We are working with a consultant, Paul Greenwood, along with our
Police Department and Office of the Prosecuting Attorney to address scams and cases
that we come up with. Those funds will help us to put out some educational seminars
and radio announcements to help the community be aware that scams are there, it is
real, and we also would like to investigate some of the cases that are reported to us so
that we can follow-up on them.
Councilmember Cowden: Thank you and thank you for all the good work
that you all do. Forgive me, my eyes did not read that right. I was thinking, how did I
miss that.
Council Chair Kaneshiro: Are there any other questions from the
Members on this item? Is there any final discussion from the Members?
There being no objections, the meeting was called back to order, and proceeded
as follows:
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-192 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-193 Communication (08/05/2021) from the Executive on Aging,
requesting Council approval to receive and expend a total of$38,782.00 in State
General Funds for State Fiscal Year 2022, and to indemnify the State Executive
Office on Aging; funds will be used for the provision of the Aging and Disability
Resource Center (ADRC), which includes staff development, outreach, awareness,
education, and collaboration with the No Wrong Door (NWD) Network.
Councilmember Kuali`i moved to approve C 2021-193, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or discussion from the
Members? Councilmember Cowden.
Councilmember Cowden: I just want to acknowledge that we are getting
this money. I will be honest that when we were in our shutdown time and during our
budget, I was a bit worried that we would be shorted a bit on our State funding. I am
COUNCIL MEETING 24 AUGUST 18, 2021
very thankful that our State funding for Elderly Affairs has continued. I am glad for
that. Thank you.
Council Chair Kaneshiro: Is there any other final discussion?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-193 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-194 Communication (08/11/2021) from Councilmember Evslin and
Councilmember Carvalho, transmitting for Council consideration, A Bill For An
Ordinance Amending Chapter 8, Kaua`i County Code 1987, As Amended, Relating To
The Comprehensive Zoning Ordinance, And Chapter 22, Kaua`i County Code 1987, As
Amended, Relating To Public Health, Safety And Welfare
Councilmember Kuali`i moved to receive C 2021-194 for the record, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or discussion from the
Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to receive C 2021-194 for the record was then put, and unanimously
carried.
Council Chair Kaneshiro: The motion is carried. Next item.
LEGAL DOCUMENT:
C 2021-195 Communication (08/04/2021) from the Acting County Engineer,
recommending Council approval of a Grant of Easement made by and between the
County of Kaua`i and 4253 Rice Street LLC, conveying Lihu`e Town Core Project
Easement Portion of Tax Map Key (TMK) No. (4) 3-7-009:036, Lihu`e, Kaua`i, Hawai`i,
for a perpetual non-exclusive easement to build, construct, reconstruct, rebuild, repair,
maintain and operate electrical infrastructure, curb, and sidewalk improvements for
public access purposes.
• Grant of Easement (Easement A-1, "Fairview Business Tract")
Ms. Fountain-Tanigawa: We received a notification from the
Department of Public Works that they would like this item received for the record.
COUNCIL MEETING 25 AUGUST 18, 2021
Councilmember Chock moved to receive C 2021-195 for the record, seconded by
Councilmember Carvalho.
Council Chair Kaneshiro: There was an error in this Legal Document so
the Department of Public Works asked to receive this item for the record and they will
send it back to us later. Are there any questions or discussion from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to receive C 2021-195 for the record was then put, and unanimously
carried.
Council Chair Kaneshiro: The motion is carried. Next item.
CLAIMS:
C 2021-196 Communication (08/03/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by McKenna Allen, for towing fees, pursuant
to Section 23.06, Charter of the County of Kaua`i.
C 2021-197 Communication (08/04/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Foster Lee Brown III, for damage to his
vehicle, pursuant to Section 23.06, Charter of the County of Kauai.
C 2021-198 Communication (08/04/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Russell Morita, for damage to his vehicle,
pursuant to Section 23.06, Charter of the County of Kaua`i.
C 2021-199 Communication (08/09/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Mia Melamed, for towing fees, pursuant
to Section 23.06, Charter of the County of Kaua`i.
Councilmember Kuali`i moved to refer C 2021-196 C 2021-197, C 2021-198,
and C 2021-199 to the Office of the County Attorney for disposition and/or
report back to the Council, seconded by Councilmember Carvalho.
Council Chair Kaneshiro: Are there any questions or discussion from
the Members?
(No written testimony was received and no registered speakers requested to
testify regarding these agenda items.)
The motion to refer C 2021-196, C 2021-197, C 2021-198, and C 2021-199 to
the Office of the County Attorney for disposition and/or report back to the
Council was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
COUNCIL MEETING 26 AUGUST 18, 2021
RESOLUTION:
Resolution No. 2021-27—RESOLUTION AUTHORIZING THE ACQUISITION
OF LAND FOR PUBLIC USE, TO WIT: THE 23.5-ACRE PARCEL OF LAND,
SITUATED AT KILAUEA, DISTRICT OF KO`OLAU, COUNTY OF KAUAI,
HAWAII, TMK (4) 5-2-005-024, AND DETERMINING AND DECLARING THE
NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN
Councilmember Kuali`i moved that Resolution No. 2021-27 be ordered to print,
that a public hearing thereon be scheduled for September 15, 2021, and that
said Resolution be referred to the October 6, 2021 Council Meeting, seconded
by Councilmember Carvalho.
Council Chair Kaneshiro: Adam, if you want to give us a brief overview
of this Resolution.
There being no objections, the rules were suspended.
Mr. Roversi: Aloha Council Chair and Councilmembers.
At the last Council Meeting two (2) weeks ago, you considered a companion item
related to this and approved the procurement of Special Counsel to handle a potential
eminent domain proceeding to acquire this property. The property referenced is just
under twenty-four (24) acres immediately adjacent to the existing Kilauea Town
Center, next door to the Post Office. It is designated in both the Kilauea Town Plan
and the General Plan for the expansion of the residential area of Kilauea.
Specifically, it is requested in the Town Plan to address affordable housing needs in
the area. The Housing Agency's intention in seeking acquisition of this property is to
develop affordable housing both for rent and for sale gradually over time with
in-depth feedback and communication from the neighborhood and community as to
exactly what they would like to see there. The acquisition of this property now is
partly triggered by approximately nine million dollars ($9,000,000) in Community
Development Block Grant-Disaster Recovery (CDBG-DR) Federal funds that will
allow us in the relatively near term to develop a portion of this property as affordable
rental housing with the majority and the bulk of it land banked for slow growth over
time with further community development as funding becomes available. We have
had multiple conversations with the landowner and have been unable to come to an
agreement on the purchase price of this property. This eminent domain proceeding
simply provides a vehicle by which the County could acquire it with the court involved
in deciding what a fair purchase price would be. The Council's approval is
procedurally just the first step in this process. It will require further consultation
with the outside counsel that Council approved at the last meeting and ultimately
potentially would lead to the filing of eminent domain proceeding in court. That has
obviously, not yet happened as this Resolution is a pre-requisite for being able to do
COUNCIL MEETING 27 AUGUST 18, 2021
that. If you are interested, I could share my screen to show you exactly where this
property is located on an aerial image.
Council Chair Kaneshiro: Yes, you can do that, Adam.
Mr. Roversi: I have highlighted the parcel in question in
red. This is not a current photograph. This area where my cursor is that is dirt is
now the fully developed commercial center in the heart of Kilauea. This area here is
the existing Post Office and the main road that my cursor is moving on now is
Lighthouse Road. It goes from the highway out to the Kilauea Point National Wildlife
Refuge. Notably, the future Kilauea access road that I believe the County has just
taken ownership of in connection with the subdivision of this property here will
broadly speaking run along this road and then curve through here down to the main
highway again. At some point in the future this will be a developed road by the
County. ,I am happy to answer any questions.
Council Chair Kaneshiro: Thank you for sharing that map.
Councilmember DeCosta.
Councilmember DeCosta: I have a question and I think I might be
addressing Matt. For the community watching today, please explain to us eminent
domain and what is the meaning of that.
Mr. Bracken: The County has the authority to take and
purchase private property for a public use. Any sort of public use. It could be for
constructing a park, for affordable housing, for a bus stop transit center, et cetera.
Any public use or any use that the County Council decides is a public use, the County
could then condemn the property. If we go through the formal condemnation process
in court, we go to court, we bring assessors to assess the property and the County
pays for the value of the property. We can basically force the sale of a property for
public purpose.
Councilmember DeCosta: Thank you, Matt. I need a little clarification.
You did not mention agricultural production. Could we condemn property and
purchase it to do agricultural production if the land is sitting there without
agricultural production on it?
Mr. Bracken: We have to condemn it for a public purpose.
It would depend on why we would need agricultural production.
Councilmember DeCosta: The public purpose is to grow food.
Mr. Bracken: Generally agricultural production is done by
the private industry. I am not sure why the public would need additional agricultural
COUNCIL MEETING 28 AUGUST 18, 2021
production. That one I would be leaning towards no, but I would need additional
information.
Councilmember DeCosta: You can take agricultural land, condemn it,
and rezone it into residential land, correct?
Mr. Bracken: You could if we are doing affordable housing
like Adam is trying to do here, you could do something of that nature.
Councilmember DeCosta: Okay, thank you for that clarification. Adam,
my question for you...this is obviously going to help out the North Shore community
with housing, correct?
Mr. Roversi: Correct, that is the intent.
Councilmember DeCosta: Is it safe to say that we have a housing
shortage throughout Kaua`i and in every town?
Mr. Roversi: We certainly do and that is why we are
pursuing housing development on the west side in Waimea on the Waimea 400 acres,
why we are pursuing housing development in `Ele`ele in Lima Ola, and why we
recently completed housing projects in Koloa and Lihu`e. The North Shore has been
left out of the process for about the last decade, so this is an attempt to shift some,
but certainly not all of our focus to the North Shore and spread some of our housing
efforts.
Councilmember DeCosta: Nice. Thank you for that clarification.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: Is this Community Development Block Grant
Disaster Relief(CDBG-DR) funding that came out of the 2018 floods, is that correct?
Mr. Roversi: Part of this project is connected to those
funds, that is correct. The acquisition will not be entirely based just on those
CDBG-DR funds.
Councilmember Cowden: Because some of it is affiliated with the
CDBG-DR funds with damage that happened in Ha`ena, Wainiha, and Hanalei, will
there be some earmarking in those rental houses that could be for people that have
been displaced when there is a pecking order for how people are chosen or prioritized?
Will they be able to be prioritized?
COUNCIL MEETING 29 AUGUST 18, 2021
Mr. Roversi: Most definitely. That would be a requirement
of the funding source. When I mentioned that in the near term, we hope to develop a
portion of this property using those CDBG-DR funds, the portion of the property that
is developed with those funds will definitely have a preference for those people who
were impacted by the flooding back in 2018. You might wonder why are you building
housing in Kilauea for people who were affected by flooding in Wainiha and Ha`ena
primarily, and in Hanalei? We went through a long project selection process in
cooperation with HUD. HUD frowns upon rebuilding homes in flood areas that have
been impacted by floods. For example, it is not really feasible to rebuild homes in the
Wainiha floodplain that had been destroyed or severely damaged by floods. The
preference for the HUD programs is to relocate people from those areas where it is
safer and the development and use of the funds will not be then subject to flooding.
Kilauea is outside of the flood zone, outside of tsunami impact areas, and is close
enough to the areas that were directly impacted that HUD recognizes that this is an
appropriate relocation area for people who were impacted by flooding and whose
homes we could not otherwise rebuild where they stood.
Councilmember Cowden: I thank you for that. As a twenty-year
member of the Kilauea Neighborhood Association (KNA), I just want to acknowledge
that the design and location is consistent with what the community has planned. For
the most part it will be very welcomed and the people who might be repopulating
from Ha`ena or Wainiha are our direct `ohana. It is a welcomed community and will
be a good match. I am appreciative and supportive of this.
Council Chair Kaneshiro: Are there any other questions from the
Members? Is there any final discussion from the Members? Councilmember Kuali`i.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Councilmember Kuali`i: I just want to say thank you for your work on
this. I think it is important that we work on affordable housing in this part of the
island that will serve a greater area as well.
Council Chair Kaneshiro: Councilmember Carvalho.
Councilmember Carvalho: I just want to follow-up on that and the
importance of offering housing in each moku of our island. Now we are in the last
moku area, which is great. More opportunities will come from there. Mahalo to the
team for continuing to look at all different opportunities, securing the funding, and
then going with the bigger picture. Mahalo for that.
COUNCIL MEETING 30 AUGUST 18, 2021
Council Chair Kaneshiro: Does anyone else have any discussion? If not,
it is going for a public hearing and then to another Council Meeting. Could I get a
roll call vote?
The motion that Resolution No. 2021-27 be ordered to print, that a public
hearing thereon be scheduled for September 15, 2021, and that said Resolution
be referred to the October 6, 2021 Council Meeting was then put, and carried
by the following vote:
FOR MOTION: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST MOTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2831) —A BILL FOR AN ORDINANCE AMENDING
ZONING CONDITIONS IN ORDINANCE NO. PM-2006-383, AS AMENDED BY
ORDINANCE NO. PM-2009-394, RELATING TO ZONING DESIGNATION IN
NAWILIWILI, KAUAI
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2831) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for September 15, 2021, and that it be referred to the Planning
Committee, seconded by Councilmember DeCosta.
Council Chair Kaneshiro: We received written testimony on this item.
We have no one registered to speak on it. Do we have any questions from the Members
on this item. This item came from the Planning Department, so Jodi, did you want to
give us a brief overview of the item?
There being no objections, the rules were suspended.
Ms. Higuchi Sayegusa: This petition involves amending the County
zoning for three (3) parcels within the overall Hokuala resort property, which is also
known as the Kaua`i Lagoons Resort development. Two (2) parcels identified as
subdivision 1 and subdivision 1A that total approximately fourteen and
two-tenths (14.2) acres are being rezoned. They are both currently in the County's
Residential R-2 District and are now proposed for the R-4 District. The remaining
parcel is referred to as Lot 10C and is about two and six-tenths (2.6) acres. Lot 10C is
currently in the County's Resort RR-10 District and is now proposed to be downzoned
to Residential R-2 District. The subdivision 1 and 1A areas will be developed into
forty-two (42) single-family residential units, but no dwelling units are proposed or
COUNCIL MEETING 31 AUGUST 18, 2021
planned for in Lot 10C. All three (3) parcels are within the Visitor Destination Area
(VDA) and the proposal and the petition are subject to all of the twenty-five (25)
conditions that were already imposed by way of Ordinance No. PM-2006-384 as
amended by Ordinance No. PM-2009-394, including the overall density cap of seven
hundred seventy-two (772) dwelling units that governs the resort property. That is a
real brief overview of the proposal. I or the applicants, who are also here, can answer
any questions you may have.
Council Chair Kaneshiro: Thank you, Jodi. Do we have any questions
from the Members? Councilmember Evslin.
Councilmember Evslin: I have a number of questions. Just to preface
them a little bit. As I have expressed to the applicant, I think this property is a total
gem for Lihu`e. It has amazing walking paths and provides such a critical source of
outdoor recreation for Lihu`e. Lihu`e, unlike other towns on Kaua`i, we do not have
great beaches or great hiking trails nearby. The walking paths throughout Hokuala
are just such a critical space for the community and they are very well-utilized. I
appreciate the applicant for helping make these paths open. I do have some questions
regarding the original conditions and some of the status of those. Condition 7 in the
original zoning amendment references easement documents in favor of the County
providing for non-motorized bicycle access from Kapule Highway to connect with
Easement 1 within one hundred eighty (180) days from the enactment of the original
ordinance in 2008. Have you checked if those documents have been executed?
Ms. Higuchi Sayegusa: If you do not mind, if I could let the applicant
answer that question?
Councilmember Evslin: Sorry, yes, the questions will be for the
applicant. Sorry, Jodi.
MICHAEL BELLES, Applicant Representative (via remote technology): Good
morning, Council Chair Kaneshiro and Members of the Kaua`i County Council. I am
representing the applicant. If you can see us on the video, sitting across of me is Rebecca
Candilasa, she is the Senior Planner with Wilson Okamoto Corporation, and they were
responsible for having prepared the rather substantial document that you were all given
copies of, the application for the zoning amendment, which Ms. Higuchi Sayegusa
briefly summarized. Sitting behind her is Gary Siracusa, who is the Director of
Construction for the project and is involved in all things Hokuala, since he has been
here for well over ten (10) years. My understanding in going through today's meeting
is that we will provide a brief overview similar to what Ms. Higuchi Sayegusa had
provided earlier, and that we would be getting into specific discussions on matters that
you broached, Councilmember Evslin, at the time of the Committee Meeting. As we
met and discussed this for the first-time last week Tuesday, as we explained, it is still
necessary for us to do additional research to better define the documentation underlying
COUNCIL MEETING 32 AUGUST 18, 2021
this. Many of these items date back to the project not only when it was first built in
1960 for the old Kaua`i Resort, but it also goes to the 1987 development as approved by
Hemmeter, and then subsequently in 2006 and 2009 ordinances as was referenced by
Ms. Higuchi Sayegusa. We have not completed identifying those documents and do not
have them in-hand currently. We were able to share with you the one (1) document
that we were able to locate, which was the deed restrictions relative to the open space
issue. If it pleases the Council and Council Chair, I would like to recommend that
questions like this be reserved for the Committee Meeting, which again, was my
understanding when we would be in a better position, as will the County Council, to
research the issue in consultation with affected County and State agencies, and have a
more full-throated, deliberate, and complete discussion about those issues and matters.
Again, if that pleases the Council.
Council Chair Kaneshiro: Again, we do not need another summary of the
project. If a Councilmember asks a question that you are not able to answer now, maybe
just note it and let us know that you will get back to us on that question in Committee.
There may be questions that you can answer right now. We will open it up to questions
and if you do not have the answer,just say you will get back to us in Committee. I will
say we should move forward like that.
Mr. Belles: As to this issue, the responsibility was a joint
one with the County of Kaua`i working together with the applicant. It is my
understanding that the document in question has not been executed.
Council Chair Kaneshiro: Okay, thank you. Councilmember Evslin, did
you have any further questions?
Councilmember Evslin: Yes. I have other questions, but if the
applicant wanted to give more an overview before I dove into those questions...again, if
you cannot answer any now, certainly, we can dive more into that in Committee. I just
want to put those questions out there.
Mr. Belles: We will begin then, as we had originally
anticipated and allow Ms. Candilasa an opportunity to give a little more in-depth
summary of the project to complement or supplement what Ms. Higuchi Sayegusa has
already stated on the record. I will turn it over to Ms. Candilasa.
REBECCA CANDILASA, Senior Planner, Wilson Okamoto Corporation (via
remote technology): Good morning and thank you. This is a brief
overview of what is before you today, similar to what Jodi had mentioned, but with a
little bit of additional details. The application before you is a petition for County Zoning
Amendment to reclassify the zoning designation of an area totaling approximately
sixteen and eight-tenths (16.8) acres located within the Hokuala Resort. The sixteen
and eight-tenths (16.8) acre area is made up of approximately fourteen and
COUNCIL MEETING 33 AUGUST 18, 2021
two-tenths (14.2) acres situated within the R-2 Residential District and approximately
two and six-tenths (2.6) acres located within the RR-10 Resort District. Within the R-2
Residential District are the proposed sites for subdivision 1 and subdivision 1A, which
were previously approved for development as nineteen (19) single-family residences
under prior land use approvals for the Master Plan for Hokuala Resort. The petitioners
are now proposing to amend the zoning district designation boundaries to R-4
Residential District allowing for twenty-three (23) additional dwelling units to be
developed for a total of forty-two (42) dwelling units. I would like to emphasize that
these twenty-three (23) additional dwelling units are units that have been reassigned
from other approved development within the Hokuala Resort that are expected to be
developed at lower densities. More importantly, the reassignment of density would
have no effect on the currently approved density cap of seven hundred seventy-two (772)
dwelling or hotel units. Thus no increase in the overall density is being required. Under
this zoning amendment an area of two and six-tenths (2.6) acres currently within the
RR-10 Resort District would also be reclassified and this area referred to as Lot 10C
would be reclassified from the RR-10 Resort District to the R-2 Residential District. As
mentioned, no units are being proposed to be developed at Lot 10C. The proposed
downzone and density as allowed under the Kaua`i Comprehensive Zoning
Ordinance (CZO) would drop from fifty-two (52) hotel units to five (5) dwelling units.
The intent behind this is to ensure that an appropriate balance of development is
maintained within the Resort. All design and construction will be undertaken in
compliance with the CZO and the design guidelines included as Exhibit "K" of the
application. No adverse impacts on the availability and adequacy of public services and
facilities are anticipated with the proposed reassignment of density. The potential
impacts of development have been evaluated and accounted for in previously prepared
and existing technical studies. Additionally, the applicant will continue to coordinate
with the appropriate agencies regarding any updates or any improvements that may be
required. That concludes my brief overview of the project. If there are any more specific
questions, we would be happy to answer them.
Council Chair Kaneshiro: Councilmember Evslin, do you have any
further questions?
Councilmember Evslin: Yes, I do. Could you give an update on
condition 7 where it references the construction and maintenance of public restrooms
and shower facilities at both the former Fashion Landing and near Running Waters?
What is the status of those and were those completed within two (2) years?
GARY SIRACUSA, Director of Construction, Hokuala Resort (via remote
technology): Those are complete, Councilmember Evslin. Yes, you are correct. There
are two (2) constructs that are essentially parallel to the ocean and shore in the
conservation area. We have a shower and picnic opportunities and are fully developed
structures along the shoreline. There is also the public shoreline access parking that is
COUNCIL MEETING 34 AUGUST 18, 2021
provided. We do have another toilet facility up by the old Fashion Landing as well that
is available to the public. Does that answer your question?
Councilmember Evslin: I guess I am a little confused. I know that there
is a shower facility by Running Water. The one at Fashion Landing, I know there is a
shower there, but I have not been able to find a bathroom. As I walk there and actually
my daughter had to use the bathroom, I could not find one. If you could elaborate on
where the bathroom is located.
Mr. Siracusa: Sure, there are temporary toilets that are in
the parking area. There were permanent toilet facilities underneath the old Sharkey's
Restaurant building that were developed. Previously, those were closed and remain
inaccessible at this point in time, because of public welfare and some illegal activities
that were taking place. Until we actually get some density and get that property
reopened at that end, that is the concern. There were needles found in the restrooms
and other activities that...from my understanding there were people who were
accosted...that is just something that is not acceptable overall in terms of public welfare
and safety. In the interim, until that area is developed, we provided the temporary
facilities up top in the parking lot.
Councilmember Evslin: Unfortunately, I am not sure if you are aware,
but the portable toilets actually state that it is not a public restroom, and they are
currently locked or at least they have been locked when I saw them.
Mr. Siracusa: I would be glad to check into that and get those
signs removed. That was not the intent or the purpose of those. They were supposed
to be left open.
Councilmember Evslin: I had assumed those were for the construction
workers that were on-site. Again, certainly we can dive more into this at Committee,
but I do have concerns that it seems that condition 7 maybe has not been fully met yet.
The other questions that I had I already asked you before when we met. Those are
really trying to navigate the different terminology used for the public access areas. The
first sentence of condition 7 states that, "Public access is allowed on all existing public
vehicular and pedestrian public accessways on the subject property." Then on page 23
of the application it says that there is ten (10) miles of improved pathways and trails
throughout the resort development that are regularly used by the public. Then there
are some maps, figures 9 and 10 which sort of show different trails. I know you are
aware of this question and are working hard on it. I am trying to get a better
understanding of where exactly public access is allowed or will be allowed perpetually
through the original amendment. I just wanted to see if you had any update on that or
if you would rather we get into that at Committee.
COUNCIL MEETING 35 AUGUST 18, 2021
Mr. Belles: Mr. Siracusa will have to continue his
discussions with Mr. Doug Haigh of the Department of Public Works. He has been the
principal contact previously as we had mentioned to you. It is going to be requiring
additional work. As it stands right now, we are contemplating preparing a
memorandum of understanding (MOU) with the County and the developer that would
be covering...you referenced ten (10) miles...I do not know precisely how much land is
involved. It is going to require some level of research to determine what has been
codified, documented, and then sitting down with the applicable County representatives
and continuing the dialogue and discussions on how best to come up with a proposal
that is agreeable.
Councilmember Evslin: Great, that sounds good. I appreciate you
continuing to work on that. I have one (1) more question regarding lateral access.
Condition 7 references lateral access according to the roadway and public access plan.
It looks like it is between the two (2) shower facilities. Where is that lateral access. Is
that the pathway that goes down to the beach, or is there lateral access along the golf
course?
Mr. Siracusa: The lateral access is in the conservation area,
there is a trail system all along the shoreline. It is not improved, of course. We maintain
the access going from the upper level down to the shoreline in a safe condition. Once
you are down on the shore along the conservation area, it is not a maintained area,
although it is pretty well identified just from use down there.
Councilmember Evslin: Just to confirm, the lateral access is not along
the bluff. It is going down the trail to the rocks and the sand, that is the lateral access?
Mr. Siracusa: Yes, if I am understanding the question
correctly, that is correct. Access is provided to get down to the shoreline in the
conservation district area.
Councilmember Evslin: Go ahead.
Mr. Belles: The intent from the very beginning was to
provide safe access down to the shoreline, but not to make improvements along the
shoreline. As you know and as most of the Councilmembers know, for us to do that, we
would probably need conservation permits, permits from the Department of Land and
Natural Resources (DLNR) since that is under their jurisdiction, as well as working
closely with the County's Planning Department, that would require, if it was ultimately
deemed to be desirable to make any more physical improvements and to leave it more
in its natural state, that was the original intent when the original entitlements were
crafted back in 2005.
COUNCIL MEETING 36 AUGUST 18, 2021
Councilmember Evslin: Okay, thank you. I am not necessarily looking
for an improved trail there, I am just trying to get a better understanding of where it
actually is. When you look at the roadway and public access plan, it shows a public
access dotted line between those two (2) rest stations.
Mr. Siracusa: That is in the conservation district along the
shoreline and the narrative on that explains that it is from the old Inn on the Cliffs to
Fashion Landing. That is the extent that it runs along the shoreline.
Councilmember Evslin: That is the one down on the beach and not the
one on the edge of the golf course, is that correct?
Mr. Siracusa: Correct. There is not an actual path along the
bluffs or golf course from the Fashion Landing to the old Inn on the Cliffs, which is now
Timbers Resort.
Councilmember Evslin: My last question is not a public access question,
but condition lb of the original zoning amendment states that, "No ADUs or guest
houses are allowed," but it does not reference ARUs, which came into existence after
the original amendment. If an individual homeowner were possibly to construct an
ARU,would that be counted towards your overall density cap? This might be a question
for Planning as to how they would be looking at an ARU being constructed there.
Ms. Higuchi Sayegusa: Similar to guest houses, ARUs are additional
residential units and are considered accessory to the main dwelling. It may not, but it
kind of goes to the intent of the ordinance and the restriction that was included in the
ordinance itself. Again, it does say, "No additional dwelling units and no guest
cottages," so we would view it similar to the guest houses where it may be included in
the permission, but it may be something that should be clarified in the ordinance.
Mr. Belles: If I may, Councilmember Evslin, I would like to
emphasize and repeat what Ms. Higuchi Sayegusa just said. Essentially, any dwelling
unit by whatever name whether it be an ADU, guest house, residence, resort unit,
et cetera, the intent is not to exceed seven hundred seventy-two (772) which is the cap
and anything built by whatever name is going to be considered one of those for a lack of
a better word right now, "units" and therefore we would not be trying to avoid the seven
hundred seventy-two (772) cap by having additional dwelling units or guest houses or
anything else that would exceed the total number of seven hundred seventy-two (772).
Councilmember Evslin: Thank you. That is good to hear and it makes
sense. Maybe we can work with the Planning Department to make sure that is clear in
the Bill that ARUs would count towards overall density if they are constructed. I have
a single question for Matt Bracken. Matt, if for any zoning amendment, if a condition
is not met over time, what actually happens?
COUNCIL MEETING 37 AUGUST 18, 2021
Mr. Bracken: The Planning Commission has the authority to
enforce zoning conditions. Generally, if a zoning condition is not met, the Planning
Commission will issue an order to show cause, which then brings in the applicant to
explain why they have not met the required condition. Depending on how it proceeds,
the person could be subject to fines or revocation of the permits. That is the general
process.
Councilmember Evslin: Okay, those are the only questions I had. We
certainly have some work to do before we get to Committee. I am interested in diving
in more certainly during Committee. Thank you.
Council Chair Kaneshiro: We are at a caption break, so we will take the
caption break and come back. If any other Councilmember has a question we can take
that and final discussion. We will take a 10-minute caption break.
There being no objections, the meeting recessed at 10:32 a.m.
The meeting reconvened at 10:47 a.m., and proceeded as follows:
Council Chair Kaneshiro: Welcome back. Again, while the rules are still
suspended, are there any further questions from the Members regarding this item?
If not, this Bill is scheduled for public hearing and it will be referred to the Planning
Committee where we can ask further questions. If you have questions it may be good
to send it in writing ahead of time, so that they can be prepared to answer any
questions in the Planning Committee. If there are no further questions, I will call
the meeting back to order. Council Vice Chair Chock.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Councilmember Chock: I am looking forward to having this item in
the Planning Committee. I would ask that Mike Belles and Gary Siracusa, if you
couldg
ve me an g iupdateprior to the Committee Meetings as to the status of some of
p
the questions that are being worked on, so we could have an indication where we will
stand at Committee? I would appreciate that. I realize that this is a re-zoning
amendment and we are not asking for more density here, but a movement of density.
I do think it is an opportunity for us to come back to together as stewards of the
community to see that all of our conditions are met and so we can do the best that we
can for the public's sake. I appreciate the questions that were asked today, so that
we can do the job on our end. Thank you.
Council Chair Kaneshiro: Is there any other final discussion from the
Members? Councilmember Cowden, then Councilmember Evslin.
Councilmember Cowden: I look forward to continuing to learn more. I
appreciate the quality of the documentation that was given to us and the respect of
the individual meetings. I thought that I learned a lot when I walked the property
for almost two (2) hours. It is very beautiful. It seems consistent with the land use
COUNCIL MEETING 38 AUGUST 18, 2021
commitment for Hokuala. I appreciate softening the density. I am looking forward
to learning more from my colleagues of what ideas or concerns they may have. I
personally liked the forty-two (42) new units, which looked like twenty-two
thousand (22,000) square foot houses. It seemed like a tasteful and appropriate use
of the area. I appreciated the positives that I saw. I just wanted to make sure to
acknowledge that. They also have beautiful public trails. I am happy to learn more
about the public trails.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: Just to reiterate what I opened my questions
with. I just want to say, what an incredible property it is. I walk there many times
a week along with hundreds of other Lihu`e residents. It is such a resource for the
community. I think that is by design and by intent. I appreciate Hokuala for being
so open to the community using this property in this way. Part of the reason for
drawing some attention to some of the original conditions is just that I think,
regardless of what Hokuala's intentions are...and I think they have the intention to
make sure that the public can use the property, you never know what is going to
happen to a property in the future. Obviously, on Kaua`i, we have this steady trend
towards losing access to special places, especially when access traverses private
property. I want to continue to work with Hokuala and with you all to ensure that
this is not one of those places that we lose access to over time. I appreciate the
applicants for being so open at the original meeting. I think they are working
diligently to really codify and ensure that it is clear where there is perpetual access
to. I look forward to this dialogue over the next few weeks and certainly when we get
to Committee. Thank you.
Council Chair Kaneshiro: Councilmember Carvalho.
Councilmember Carvalho: In my discussion with the Hokuala team, the
big thing here for me is public access and continuing the access to this wonderful
place. A lot of our families walk, bike, and use this area. There are also the
opportunities for housing. As far as Hokuala, the intentions are good and I think
they have a good team in-place. Balancing out, I am looking forward to the next steps
as we continue to map out this with making sure public access is at the forefront as
well. I want to mahalo everyone as well and thank you for looking at opportunities
down the road.
Council Chair Kaneshiro: Councilmember DeCosta.
Councilmember DeCosta: I just want to echo what Councilmember
Carvalho said about the public access. It is nice to see things transparent and that
we are trying to soften the density. We do not need more crowded areas. Thank you
for doing a quality job on the design.
Council Chair Kaneshiro: With that, we will take a roll call vote.
COUNCIL MEETING 39 AUGUST 18, 2021
(Written testimony was received and no registered speakers requested to testify
regarding this agenda item.)
The motion for passage of Proposed Draft Bill (No. 2831) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
September 15, 2021, and that it be referred to the Planning Committee was
then put, and carried by the following vote:
FOR PASSAGE: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Proposed Draft Bill (No. 2832) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5, SECTION 5-2.4, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND
REGISTRATION FEES
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2832) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for September 15, 2021, and referred to the Finance & Economic
Development Committee, seconded by Councilmember Carvalho.
Council Chair Kaneshiro: Are there any questions from the Members on
this item? Council Vice Chair Chock.
Councilmember Chock: I just wanted to see if we could get the
Department of Finance to give us a brief overview during the introduction of this Bill.
That would be appreciated.
Council Chair Kaneshiro: Reiko, if you could give a brief overview, that
would be great.
There being no objections, the rules were suspended.
REIKO MATSUYAMA, Director of Finance (via remote technology): Good
morning, Councilmembers. What we are trying to do with these Bills is to increase the
fees. Countywide, we have to increase the fees through all of the various departments.
The primary one that we control here in the Department of Finance is with the Division
of Motor Vehicles (DMV). The fees that we have now in-place have not changed since
2009. We are comparably less to all of the other counties. The underlying rationale is
that we like to keep up with inflation, we want to cover our administrative costs, and
COUNCIL MEETING 40 AUGUST 18, 2021
we want to keep our fees aligned with the other counties throughout the state. For the
motor vehicle fees, we are requesting what we feel are very minimal increases. We
would like to go from five dollars ($5.00) to ten dollars ($10.00) to transfer a vehicle and
get a new title. From five dollars ($5.00)to ten dollars ($10.00) for duplicates, titles and
registrations. For these, Honolulu and Maui are both at ten dollars ($10.00) as well.
We would like to go from fifty cents ($0.50) to one dollar ($1.00) for duplicate emblems.
We also think that that one is a minor change. The larger one is the County registration
fee. Right now, we are currently at seventeen dollars ($17.00), which is the lowest of all
four (4) counties. We would like to take that to twenty dollars ($20.00), which is an
increase of three dollars ($3.00). This would match the next lowest county, which is the
City and County of Honolulu. We would still be below Hawai`i County, who is at
twenty-four dollars ($24.00), and well below Maui County, who is at forty-five
dollars ($45.00). That is the gist of this Bill. We are requesting the increase, because
we feel that it is nominal and we want to do the increases in small increments, as
opposed to waiting and having the increases be more significant. We are just trying to
prevent us from having to make those major jumps. That may happen if we postpone
the increase any longer.
Council Chair Kaneshiro: Thank you. Are there any further questions
from the Members? Is there any final discussion from the Members? Councilmember
Cowden.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Councilmember Cowden: I feel like these fee increases were reasonable.
When we look at just the inflationary costs of everything, it is...I do not want to say,
"minor," but it is kind of minor. I appreciate all of the work that the Division of Motor
Vehicles is doing, and I am supportive of this.
Council Chair Kaneshiro: Is there any other discussion from the
Members? We are talking about a five dollar($5.00)increase, another five dollar($5.00)
increase, a fifty cent ($0.50) increase, and a three dollar ($3.00) increase. It is nothing
very significant. Obviously any increase people feel it, but again, I think we get into the
motion of being comfortable with our fees for a very long time, and when it comes time
to readjust fees, oftentimes it is a big punch to everyone, because we have not changed
fees for twenty (20), thirty (30), or forty (40) years. Relooking at the fees every ten (10)
years is a good thing. Is there any other discussion from the Members? If not, we will
take a roll call vote.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
COUNCIL MEETING 41 AUGUST 18, 2021
The motion for passage of Proposed Draft Bill (No. 2832) on first reading, that
is be ordered to print, that a public hearing thereon be scheduled for
September 15, 2021, and that it be referred to the Finance & Economic
Development Committee was then put, and carried by the following vote:
FOR PASSAGE: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST PASSAGE: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Proposed Draft Bill (No. 2833) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 17, SECTION 17-1.1 KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES
AND TRAFFIC REGULATIONS
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2833) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for September 15, 2021, and it be referred to the Finance &
Economic Development Committee, seconded by Councilmember Carvalho.
Council Chair Kaneshiro: I will suspend the rules. Reiko, please give us
a brief overview of these fee changes.
There being no objections, the rules were suspended.
Ms. Matsuyama: Sure. This one is for the Driver's Licensing
side. It is two-fold. It might look like bigger increases if you are looking at it
percentage-wise. This is because we have stricter requirements now for REAL ID
compliance. The two-fold aspect is that there is a fee increase side, but the other side is
that we are trying to change the written test from a paper-based to a computer-based
system. If you look at the straight fee increases, we have different tiers of rates for
different renewal terms. If you are between the ages of twenty-five (25) and seventy-
one (71), that is the big one. Those are eight-year renewals. We also have four-year
renewals and two-year renewals depending on age. We are lower straight across-the-
board on all three (3) tiered rates. Basically for the big one, the eight-year one, we are
going from thirty-two dollars ($32.00) to forty dollars ($40.00). At thirty-two
dollars ($32.00), we are obviously the lowest. Forty dollars ($40.00)would equal that of
the City and County of Honolulu and Hawai`i County. Maui County is at eighty
dollars ($80.00). They are double. At least that would match the next two (2) lowest
counties. That goes across-the-board for the other increases as well. In Section 1.1(b),
we are actually trying to cover our costs to move to a computer-based test practice. We
are trying to modernize. To move to a computer-based system, there are many benefits
COUNCIL MEETING 42 AUGUST 18, 2021
that you could probably figure out. This includes accuracy, security and compliance,
the ability to offer alternate languages, et cetera. It is going from two dollars ($2.00) to
ten dollars ($10.00), which sounds like a large increase, but this is a one-time fee when
they come in to take their written test. We are not making any money off of this. We
are going to have to pay the vendor that money. That is the rationale behind that one.
Council Chair Kaneshiro: Are there any questions from the Members? Is
there any final discussion from the Members? Councilmember DeCosta.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Councilmember DeCosta: I would like to comment on the job that you did.
I have been following this increase. They always say that Kaua`i is kind of like Maui. I
am really glad that we did not piggyback on Hawai`i County's and Maui County's higher
costs. We always went with the next lowest cost. Thank you for that. It would have
been really easy to say, "Let us jump to the highest class like Maui County and call it
even across-the-board." Thank you for being conscientious of our local people here on
Kaua`i. Everyone is struggling. We as a County are struggling as well. Thank you for
that, Reiko.
Council Chair Kaneshiro: Is there any other discussion? If not, we will
take a roll call vote.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for passage of Proposed Draft Bill (No. 2833) on first reading, that
is be ordered to print that a public hearing thereon be scheduled for
September 15, 2021, and that it referred to the Finance & Economic
Development Committee was then put, and carried by the following vote:
FOR PASSAGE: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST PASSAGE: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Proposed Draft Bill (No. 2834) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE, AND CHAPTER 22, KAUAI COUNTY
COUNCIL MEETING 43 AUGUST 18, 2021
CODE 1987, AS AMENDED, RELATING TO PUBLIC HEALTH, SAFETY AND
WELFARE
Councilmember Kuali`i moved that Proposed Draft Bill (No. 2834) be referred
to the Planning Commission, seconded by Councilmember Carvalho.
Council Chair Kaneshiro: We did receive written testimony on this item.
We have no one registered to speak on this. Councilmember Evslin, did you want to
give an overview of the Bill?
There being no objections, the rules were suspended.
Councilmember Evslin: Yes, I can give a brief overview of the Bill. I
know this is just firstreading ead n and it is goingtogoto the PlanningCommission before
Jg
it comes back here for first reading again. I do not know how deep you want to go into
the intent and the rationale, but I am happy to dive as deep or as shallow as you all
want. The brief overview is that this Proposed Draft Bill came directly out of the current
General Plan Update from an action item in there, which is to, "Prohibit future
subdivision and development from restricting construction of Additional Dwelling
Units (ADUs) in their deed and covenants." The Proposed Draft simply states that
covenants and other agreements that run with the land shall not limit or prohibit
long-term rentals, ADUs, additional rental units (ARUs), or guest houses. This does
not apply to existing covenants with those restrictions in-place. It would be applied to
future covenants for future developments or if there are existing covenants without
those restrictions that are made stricter, then this would apply to them. I would be
happy to dive deeper if you would like as to the rationale, or Councilmember Carvalho,
if you had more to add to that.
Councilmember Carvalho: I just wanted to add to the opportunity
overall. The existing versus the future...this is all about the future. Whatever is
in-place right now, that will not be affected. This is looking into the future and giving
more opportunities. The other thing was that this was meant to reach out into the
community to give other opportunities within the overall...that was a big part of our
discussions. We have been in discussions with different community organizations and
groups. This is first reading and we will see what happens. Overall, I think this is a
positive step forward.
Council Chair Kaneshiro: I do have a question or something to think
about. I know that it is going to the Planning Commission. Councilmember Evslin, as
you mentioned in our previous item regarding Hokuala, they are residential units, they
are in the Visitor Destination Area (VDA), and we are asking if they were going to
increase their density with guest houses or ADUs. This would say that they would
be allowed to do that and there is nothing that the covenants that Hokuala could put
in there that would prevent someone from buying in there and adding an ADU, guest
house, or ARU. A consideration might be to add that this does not include residential
COUNCIL MEETING 44 AUGUST 18, 2021
units in VDAs. Again, I do not know. That is just a suggestion as far as listening to
one of the issues that came up today. I have Council Vice Chair Chock, then
Councilmember Cowden.
Councilmember Chock: Thank you for that. I was wondering for that
as well. The other question that came up for me. I like the intent of the Bill so I am
supportive of it. I do see guest house is included. It has been a big question as to how
we want to support guest houses. I see that you have transferred the meaning of
guest house to ARUs, and I am curious if that is what you had intended to do under
Chapter 8. Could you explain that piece for me and if you vetted that as well with
the Administration?
Councilmember Evslin: So you are saying that the definition of guest
house in here says, "Shall have the same meaning as additional rental unit under
Chapter 8 of the Kaua`i County Code." That might have been a mistake.
Councilmember Chock: Okay. I see it on page 4 of our current Bill. Is
that true?
Councilmember Evslin: Sorry, what was that follow-up question?
Councilmember Chock: I just wanted to confirm what I was looking
at. It was on page 4 under the third paragraph.
Council Chair Kaneshiro: Councilmember Evslin, you might want to
double-check that if that needs to be corrected. You can always let the Planning
Commission know as it goes to the Planning Commission that that might be a
housekeeping item that may have been overlooked.
Councilmember Evslin: I am almost certain it was. We will talk to our
staff and Matt after. A quick answer to your question, Council Chair, regarding this
how this applies to Hokuala. As soon as I saw the Hokuala item on our agenda, I
asked Matt the same question. As I understand, because those restrictions were a
condition in the zoning amendment, Hokuala's covenants could reflect the
amendment to say, "The County restriction is against these, so our covenants will
also." There would be no barrier to that occurring. I do think it is probably a good
discussion to have regarding these types of restrictions in the VDA as I think you
were implying. As part of the Hokuala restrictions is that we do not necessarily want
to be adding all of this housing, which is visitor-occupied housing in some sense.
Some of the concerns though that we have heard about this type of policy directly
impacting is from people within the VDA. We received testimony from two (2)
individuals who live in the VDA. They bought their homes with the expectation and
the legal right to long-term rent a portion of it. The homeowner's association (HOA)
ended up changing their rules so that they could not rent a portion. They ended up
COUNCIL MEETING 45 AUGUST 18, 2021
having to kick their roommate out. Now they are having a harder time in theory
paying their mortgage. That is another person that has to look for a house and
another unit that is off the housing market. That is within the VDA. That is certainly
something to talk about more as we work through this.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I appreciate the explanation, because I was
confused when I read it. Certainly, in your second paragraph talking about why we
need it...we need to have increasing housing opportunities. You know that I am one
hundred percent (100%) behind that effort. With both of these communications from
people testifying, I feel almost certain these are in Princeville, which is a VDA. I
know the condominium, at least that one of them is speaking of, when you have more
Transient Vacation Rentals (TVRs) in a condominium set than you have residents in
there, it can become very high pressure on a family that has children or wants to rent
a room. Where is the language in here that really says, "You can long-term rent." I
guess it is just in Section 8-1.2 (6), is that correct? On page 3?
Council Chair Kaneshiro: On page 4, Section 22-28.2 has the language.
Councilmember Cowden: "Covenants, conditions, and restrictions..."
Council Chair Kaneshiro: "...shall not limit or prohibit long-term
rentals..."
Councilmember Cowden: Okay. I see that as a big problem. When I
think about this Hokuala development, I am just asking the question. I am not
positive in a position. When I looked at where they are laying this out along the
lagoon, if they wanted that mother-in-law unit right on that, I think if it was always
known that you could have it, maybe some people would never buy the property there.
They would want to buy where they knew it.was not going to get dense. Other
neighborhoods like my neighborhood it is a little game of Tetris. All of these units
are coming onto properties. It is fine. I am fine with it. I am not putting one on
mine. It creates a lot of community unrest. I prefer people to have housing than the
unrest. So you are saying that you could not build a Hokuala or a determined new
neighborhood that could ever keep that density from ever happening on a
quarter (1/4) acre piece of property? Is that what this says?
Councilmember Evslin: Yes. Because Hokuala's is reflected in their
zoning amendment, in theory, if somebody were trying to come in for a zoning
amendment to try and build some sort of resort property or something, that could still
be a condition of the zoning amendment and then reflected in their covenant. If
someone is just using the density that they have to do a residential development and
COUNCIL MEETING 46 AUGUST 18, 2021
the Planning Department does not impose that as a condition, then no, they would
not be able to restrict against ADUs, ARUs, guest houses, or long-term rentals.
Councilmember Cowden: So, again, I am just seeing if I hear it right.
There is a ten-acre parcel and it gets built at an R-4, and there is not a special zoning
amendment, it would then be allowed on that. Whereas, if there is a special zoning
amendment that says you cannot, that is the difference?
Councilmember Evslin: As I understand it, yes. It would be allowed
to the extent that the Comprehensive Zoning Ordinance (CZO) allows it, right? It is
not like someone could build all of these things because the CZO does not allow you
to do all of that on a single piece of property. If you are allowed an ADU, an ARU,
et cetera, then you could do it.
Councilmember Cowden: Do we not already have that?
Councilmember Evslin: You cannot build a guest house, an ARU, and
an ADU off of each of them. You can only build a guest house or an ADU. It is not
saying that you could just do all of these things on your property. It is saying that
the covenants cannot restrict against it, so if the CZO allows it, then you can do it.
Councilmember Cowden: What my confusion is, is when we had the
ADU and ARU language that we put forth maybe two (2) years ago, how come that
does not apply? Why do we need something extra? I just do not understand. Before,
we said you can have an ADU next to your house. This is saying, "You cannot say
you cannot," but we already said, "You could." I do not understand the distinction.
Councilmember Evslin: That is the intention here. The CZO allows,
by right, at least four (4) housing units per residential piece of property. You can
always do a main house, either your second density or an ADU, and then an ARU off
of each of those. As long as you have the wastewater capacity, you can do four (4).
Many residential neighborhoods in their covenants restrict ADUs. A lot of the new
development that we are seeing restricts them as well. Even though the CZO says
you can do these units, the covenants for that community says that you cannot do
these units. What this Bill is then saying is that new covenants or amended
covenants cannot restrict against these types of things.
Council Chair Kaneshiro: Those are the same covenants that say when
someone does a large development, it tells you the colors of the houses have to be
approved by the HOA...those are the covenants that dictate that you cannot park
your car on the street. Some of those covenants also say that you cannot add an ARU,
although you have the density, you cannot put a guest house. This Bill will say that
we are going to supersede those covenants as far as them being able to add units to a
development.
COUNCIL MEETING 47 AUGUST 18, 2021
Councilmember Cowden: Again, if we are looking at Hokuala, the
difference is it is not just a covenants, conditions, and restrictions (CC&R), it is in the
zoning amendment.
Councilmember Kuali`i: They are grandfathered. First and foremost.
Councilmember Cowden: Alright, I think I understand. Thank you.
Council Chair Kaneshiro: Councilmember Kuali`i, then Council Vice
Chair Chock.
Councilmember Kuali`i: My question was going to be along the lines of
at the risk of over simplifying. All of the zoning and density requirements are in-
place. This Bill is coming as a result of when we did the ADUs and all of that, we did
not necessarily get everyone who wanted to take advantage of them, to take
advantage of them, because they had covenants with their local association that
prevented them. Any talk of any prior organization with covenants would not apply,
because this Bill can only go forward, so this would pertain to new developments. The
idea is to not have covenants that would prevent this from happening. Is that correct?
Councilmember Evslin: Yes, exactly. Thank you for explaining that.
Councilmember Kuali`i: If they do currently have a covenant that
restricts it, and they update their covenants, and they do not restrict it...at some
future date they want to restrict it again, would this law apply? Or could you make
it so that it does apply?
Councilmember Evslin: That would be a question for Matt?
Councilmember Kuali`i: Or maybe that is something to consider as we
work on this Bill.
There being no objections, the rules were suspended.
Mr. Bracken: The way that it is written, if they were to
update or amend their current HOA restrictions, then it would apply. If they were to
amend that section...let us say that it prohibited it...yes, they could not go back and
forth. If they messed with that section at all after this goes into effect, it cannot then
prohibit it. If it is in-place, untouched, then they are fine, but if they somehow change
or tweak it at all, then this comes into play and they have a problem.
Councilmember Kuali`i: Thank you.
Council Chair Kaneshiro: Council Vice Chair Chock.
COUNCIL MEETING 48 AUGUST 18, 2021
Councilmember Chock: Thank you. I know we are only at first
reading. Is Planning here? I can send my questions in. I will just state them for the
record. I do think my experience in working with the Administration is the question
of continuing to advocate or utilize guest houses as a means to increase density. I
just wanted clarification about that. The second question is that our County is not
taking a stance on enforcing on or regulating covenants in the past. It has been a
separate entity of which we do not touch. My question is about enforcement and how
we intend to follow through on this policy change as it is something new. Again, I am
supportive of the intent, we need the housing. I want to provide this opportunity. I
am not clear as to how this follows through. Thank you.
Council Chair Kaneshiro: Are there any further questions?
Councilmember Evslin: I can chime in here and if Planning wants to
respond in writing or more in Committee. We did have extensive conversations along
those lines. This is touching Chapter 22, which is the public health and safety
chapter. This does relate to homelessness and the health and safety concerns around
homelessness. Chapter 22 seems like the appropriate place to put it. What that also
means is that Planning will not be enforcing it. In the Bill under the enforcement
section it states, "Failure to comply with this Ordinance creates an independent right
of action." It will be up to an individual homeowner or a group of homeowners who
have been impacted to take it up with their HOA or developer in civil court. Matt
might have more to say on that topic.
Mr. Bracken: Just to add on to that. That is the way it was
drafted. It gives a person the ability to file their own action and their own
enforcement.
Councilmember Evslin: It is a little confusing because it references
Chapter 8 in here and that is why it is going to the Planning Commission. There is
a section tied to Chapter 8. The only reason that that section is in there is because
in that section in Chapter 8 currently, it states, "Nothing contained in this section
shall affect private covenants or deed restrictions." If there is a developer who is
looking to do a new development, if they look at this section on ADUs and they see
that nothing in this section impacts CC&Rs, then we are good to go. It was meant to
add clarifying language that nothing in Chapter 8 impacts CC&Rs, but Chapter 22
does, so refer to that section.
Council Chair Kaneshiro: Councilmember DeCosta.
Councilmember DeCosta: Councilmember Evslin, I am not sure if you or
Councilmember Carvalho can answer this question. I heard a lot of our constituents
ask, agricultural lands in upper Kapa'a and Kalaheo that have been condominium
COUNCIL MEETING 49 AUGUST 18, 2021
property regime (CPR), they are large parcels of two (2) acres or more, they have
one (1) dwelling on it, does this increase the density for those kind of people that have
large CPR parcels that have one (1) dwelling? They have two (2) children, and they
are looking to put another home on there. Does this help them or does this not apply?
Councilmember Evslin: The baseline CZO is still going to be in-place.
It would impact them if for some reason they are doing this...and Ka`aina and Matt
can correct me if I am wrong. If they are doing some development on agricultural
land and for whatever reason they restrict...someone is going to get that guest house
on that development. For some reason they are restricted and it says that no one is
going to get this guest house, my understanding is that it would come in to play.
Otherwise, it would not give them a guest house where they were otherwise not
entitled to one through the CZO.
Councilmember DeCosta: Since Ka`aina is here...
KA`AINA S. HULL, Planning Director (via remote technology): Sorry, I was
not monitoring the Council side of things. I was in another meeting. I do not know
what the question is, but I am here for any questions that you may have.
Councilmember DeCosta: Never apologize. Your presence is graced
upon us. I know on the north side of the island, we did not want to allow anymore
additional dwellings so they could make a higher priced property. Now you have
two (2) homes on the property and they try to sell it. That would cause the market
value to go up. There are a lot of local people who have CPR lots that they have
one (1), two (2), or three (3) children and they are going to add another home, but they
cannot. They are sitting on a two (2) acre agricultural lot in Kalaheo with one (1)
dwelling on it, and they have two (2)children. How do we help those kinds of families?
They are not going to ever sell their land, but they cannot add another home, because
the property was already CPR'd. Ka`aina?
Mr. Hull: Is the question about providing additional
density? I am sorry Councilmembers, I was not listening to any of the conversations
going on at Council before this.
Councilmember DeCosta: Councilmember Evslin, keep him abreast
right now.
Councilmember Evslin: I think the main question is whether this
would impact an individual homeowner on agricultural land who does not have the
rights to a guest house or an ADU. He was looking for your clarification on that.
Mr. Hull: Sorry, again, I do not know what Bill you are
talking about.
COUNCIL MEETING 50 AUGUST 18, 2021
Councilmember Evslin: This is the CC&R Bill.
Mr. Hull: Okay, sorry about that. On properties that
already have existing CC&Rs, my understanding from Matt's read is that it would
not affect those, because those are already in-place as-is. Now, if an existing CPR
wanted to update or amend their CPR map, this could potentially affect that updated
CC&R where they might have to remove any restrictions that are in there.
Concerning ARUs and guest houses...ADUs and ARUs are now exclusively possible
only within the Residential Zoning District. This would primarily apply to the
Residential Zoning District because you cannot have ARUs or ADUs on agricultural
land anymore. You could never have ARUs, but you cannot have ADUs anymore.
This would not apply to agricultural zoned lots or open zoned lots, because you cannot
have those entitlements. It would be solely focused on the Residential Zoning
District.
Councilmember Kuali`i: I think the other part of the question was
about potential concern about enforcement against illegal TVRs.
Mr. Hull: I think if you go back to when the ADU Bill
was passed decades ago and the ARU Bill was passed several years ago, the whole
thrust of those two (2) ordinances is to provide mom and pop property owners to
increase their ability to have housing units on property and increase the inventory
particularly during a housing crisis. The same concern was brought up back then,
Councilmember Kuali`i, is does this provide a new opportunity for property owners to
illegally vacation rent these units. Yes, because it is a dwelling unit and they can put
it on Airbnb. I would say that our enforcement program has gotten fairly robust over
the past few years and we are certain that we could identify any of these folks that
try to put them online. We would put them through the enforcement process as we
would do other violators. Like I said back during the ARU discussions, the fear of
TVRs should not outweigh the need for allowing the possibility of more inventory on
these mom and pop properties. If we do see a large boom of illegal TVRs through
these ARUs and ADUs that are now permissible, that is what I am here for. You are
to hold me accountable, if you will. So far, we have been pretty successful in our
enforcement program with the stick, if you will, with the notice of violations, but as
well with our memorandum of understanding(MOU)that we have executed with both
Airbnb and Expedia to remove those illegal operators from the third-party platform
websites.
Councilmember Kuali`i: Because this only applies to new subdivisions
going forward and we do not necessarily have a lot of that happening, any potential
for any kind of increase you could handle with your current operations, correct?
COUNCIL MEETING 51 AUGUST 18, 2021
Mr. Hull: That is correct too, Councilmember Kualii. I
would not say small CPR projects can restrict ARUs and ADUs from being
constructed, but generally, you only see these types of restrictions on CC&Rs in large
subdivisions. The three hundred (300) or four hundred (400) unit subdivisions that
restrict or limit certain properties within the subdivision from having a guest house
or ADU. You only see this with the larger ones. We would like to see more quite
honestly. We would love to see more subdivisions during this housing crisis with local
style housing, but we are averaging maybe one (1) every seven (7) or eight (8) years
right now. There would not be a mad rush to the door, if you will.
Councilmember Kuali`i: Thank you.
Council Chair Kaneshiro: Regarding applicability, what is the rationale
for excluding the County of Kauai, State of Hawaii, or United States Federal
government from being a part of this Bill? Page 4, Applicability. Why are we
exempting ourselves from something we are going to make private developers do?
Mr. Bracken: Part of the concern was what you just saw in
front of you. Hokuala, depending on when the conditions go through, it could
potentially be problematic. The language in here makes it very clear that the
agreement between Council and the developer, this ordinance would not apply. This
ordinance would not conflict with that potential problem. The other issue was the
Housing Agency, from what I recall, at times does put certain restrictions on
affordable houses. It has been a while since I looked at it. It is when we do the
purchase and the resell. I think we do put some restrictions on the property. It is
really meant, so we do not mess with our affordable housing projects. That was the
purpose of keeping the County out of it. The State was in a similar situation. They
primarily have responsibility for affordable housing and a shared responsibility for
affordable housing. Any projects they have would be similar to ours. The Federal
government, generally our laws would not apply to them anyway. It is making it very
clear that it does not. For instance, our zoning laws do not apply to the Federal
government. It was making it very clear that it would not anyway.
Council Chair Kaneshiro: Councilmember DeCosta.
Councilmember DeCosta: This question is probably for Ka aina. You
mentioned that you do a really good job at going to the websites of the TVRs who are
outside of the VDA and doing illegal rentals. I also know that there are people in the
VDAs that actually do subleasing. When they are full with putting guests in their
units, they throw guests over to other TVRs that are illegal and they do not even have
to advertise it. They have people in TVRs that are advertising for them. Do we have
anything in-place to infringe on those kinds of illegal activities for bookings?
COUNCIL MEETING 52 AUGUST 18, 2021
Mr. Hull: Yes, we are aware of the catfishing process
that some individuals are using in the vacation rental industry to advertise on a legal
site and then somewhat push the transient over to a different unit outside of the VDA.
Those are trickier to handle, because of the fact that there is no paper trail on the
world wide web concerning advertisements. We do push through them. They are
trickier to handle because of the need to collect evidence and the lack of avenues
there. We are aware it is there and we are attempting to address that.
Councilmember DeCosta: Thank you.
Council Chair Kaneshiro: Are there any other questions from the
Members? Is there any final discussion from the Members? Councilmember Cowden.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Councilmember Cowden: I am still a little confused. I appreciate the
intention of this. I will continue to learn more. I understand why it is important to
create housing, including very much on the North Shore for families that have
two (2) acres are often very much wanting that. The typical conflict is the agricultural
zoning. Yes, I am going to vote for it for right now.
Council Chair Kaneshiro: Anyone else? I think for me personally, I
think it is a little overreaching for us to be superseding CC&Rs. It is not going to
help anyone that has complaints now, because their CC&Rs are already existing.
Anyone that has complaints about not being able to do these things, it is not going to
help them. This is only for future developments. I think by exempting the County
from this restriction is like saying, "Do as we say, but not as we do." I think it is going
to open up a can of worms when it comes to CC&Rs. I think there is a lot of different
things that happen in a CC&R. It can restrict your building coverage, which it does
not need to abide by. It could make it smaller than what the County allows, which
will make it harder to add a unit. It could restrict the number of kitchens or do a
whole bunch of things. I think it is going to be very difficult to pinpoint and nail down
everything to prevent something in a CC&R. For me, I do think it is a little
overreaching. I care about housing and I know we are in a housing crisis, but in the
end, I do think it is a little overreaching. I think when people develop areas, they try
to create a certain look or feel and the CC&Rs are what is used to create the look and
feel. By doing this, I think it is going to be very difficult to try and create a
development within the confines of this. Anybody will be able to build, add, or do
whatever they want. Yet, it is going to affect their footprint, the number of vehicles
on the road, et cetera. There are just a lot of things that go into keeping a certain
look or feel to a development. That is just my own personal opinion. Council Vice
Chair Chock.
COUNCIL MEETING 53 AUGUST 18, 2021
Councilmember Chock: I support the intent of this Bill as well. I will
e
be voting in support of it to see it to the Planning Commission. I would agree with
the Council Chair that we are opening up a can of worms. I also see it from the
opposite side as well. That can of worms has been pretty exclusive and far reaching.
I have stories of CC&Rs imposing restrictions on agricultural activity on agricultural
land. The question I have is, what are the parameters of what government should be
enforcing for use and the way properties are zoned? If we do venture down this road,
can we ensure that we are doing it fairly, with equity, and are we able to follow
through on it? This layer is something that I think is something we really have not
opened the door to. It is something that I think we need to be prepared for. I will be
supporting this on first reading. Thank you.
Council Chair Kaneshiro: Councilmember DeCosta.
Councilmember DeCosta: I am still not sure what way I am going to
vote. I am glad that you brought this to our attention. There are a lot of questions.
I am more like Councilmember Cowden, I need to be more abreast of what is
happening. I do know that we have a really nice subdivision right across of Home
Depot and Costco. One time I brought my horse trailer and horse there for a birthday
party. A lot of the neighbors were wondering what I was doing in their neighborhood
with a horse trailer and bringing the horse on pony rides. There is a community out
there who likes living like that. They like the luxurious style of houses. We have
nurses from Wilcox, doctors, firemen, and policemen. With that being said, I would
like to know more. I do not want to see a subdivision like that become an overcrowded
area where now...I am not saying higher end people, but I am saying the people that
can afford that...they are lucky they can. They did things right in their life to set
them up. I do not want to see that subdivision not exist now, because they are
overcrowded with buildings on top of buildings. Thank you.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: I just want to address some of the concerns
that came up and especially some of the confusion around the Bill. Just to clarify
again, our zoning code allows at least four (4) homes by right on all residentially zoned
lots. CC&Rs or other forms of covenants or restrictions that run with the land very
often end up restricting what can actually get built in a neighborhood. Even though
all of the work of our General Plan and our community plans to say what the density
is going to be in a certain area, a developer or a neighborhood association can come
in and say after-the-fact, "No, we do not want any of this density now that we are
living here and no one else can live here." I think that when that happens and when
a family cannot build an ADU, an ARU, or a guest house, or partition their house,
that often ends up locking all but high-end convertors out of certain neighborhoods.
The only way I could afford a house is by turning half of that house into an ARU to
help pay my mortgage. I think most non-homeowners on Kaua`i are in the same
COUNCIL MEETING 54 AUGUST 18, 2021
position as me. It is really going to be really difficult to afford a house unless you can
get some income out of that house. When your neighborhoods have restrictions that
are locking all of these people out of these communities, it reduces the supply of
housing, which obviously contributes to our housing crises and homeless. It makes it
harder for multi-generational families to live together or for kupuna to age at home,
because they cannot partition their house or add on something new for their children
to come and live with them as they age. I think it has huge and compounding impacts
islandwide. Certainly, it is not going to make a difference for these places that
already have it. We are probably not going to see much come of this for the next five
(5) years or ten (10) years even, but down the road, it will start to make a difference
as we try to ensure that Kaua`i can remain...or not even remain because it is not right
now...but as we try to get Kaua`i to get to a place where Kauai residents can afford
to live. That is the intent.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: When you look at long-term rental inside a
house, when you have a housemate, that seems like it should not be in a CC&R. I
guess I understand why it could be in there. I think of when it used to be, when you
look at when a homeowner's association changes, all of a sudden it ends up being in
things. Building another house is quite a bit different than having someone else help
share the rent with you, that is a slippery slope. It is not very easy on where these
edges are. It seems like it is worth a good conversation. It does not seem like a
clear-cut and simple topic.
Council Chair Kaneshiro: This is going to go to the Planning
Commission to be vetted there. We are only voting to get it to the Planning
Commission. I know the topic of the houses across from Home Depot came up. If we
did this, someone with one (1) house there could build a four-plex essentially. They
could build their unit and could connect a smaller ARU to it. They can build an ADU
and connect a smaller ARU to it. Instead of seeing houses the way they are there,
you could potentially see someone using all their density since no one can restrict
anything in their CC&R. Every single lot there could be a four-plex. I think we are
a little bit overreaching in trying to control the way the neighborhood would look like.
Maybe some people do not want to buy a property and have a four-plex surrounding
them. That is where I think this is a little overreaching. We will see how the Bill
goes. Councilmember Kuali`i.
Councilmember Kuali`i: That is exactly what I was going to say. It is
easy to support today's vote, because it is to refer it to the Planning Commission
where they can vet through it further and provide us with more information. I do
share the concern, and I did hear Matt say what he said, but I want to hear more
about the County exempting itself and what specifically are the concerns with the
COUNCIL MEETING 55 AUGUST 18, 2021
Housing Agency. There is probably a way around it without us exempting ourselves.
I am hopeful that there is. I will support this today.
Council Chair Kaneshiro: Councilmember Carvalho.
Councilmember Carvalho: Overall, this Bill ties back to the General
Plan. It gives us another option. For me, when looking at the different options, I
think we have an opportunity to take this to a different level where it can go to the
Planning Commission and get vetted there. We can bring this back to see where the
discussion points were. I know there are a lot of questions about this, but overall, I
see this as an opportunity that ties back to the General Plan. It was not created out
of the blue. In the discussions that I have had with Councilmember Evslin, that is
what the intent was. Hopefully everything can move forward. Thank you.
Councilmember Kuali`i: I am also interested to hear and see how the
Planning Commission deals with the concerns that Council Chair has expressed
about the density and these larger units. I think we, as a County, should determine
the density and the zoning. If we think that is an appropriate place for that and that
will bring us more units, then maybe we should be making these CC&Rs line up with
what we put in-place as the density and the zoning. I am looking forward to hearing
from the Planning Commission and planners.
Council Chair Kaneshiro: Any further discussion from the Members?
Councilmember Evslin.
Councilmember Evslin: I just want to recognize what you said,
Council Chair Kaneshiro. I think most people still probably want to live in a
single-family home if they can afford to do so. If they already own that home and
they are living in it, it is not going to unleash the floodgates of people wanting to build
a four-plex. I live in a neighborhood where they are allowed. I do not think there is
a single four-plex in our neighborhood. It is giving an individual homeowner the
ability to build out in accordance with the CZO without their neighbors of a developer
who is no longer involved in the project dictating what they can or cannot do with
their property. With that said, I look forward to talking more in a few months when
this comes back to us.
Council Chair Kaneshiro: Is there any final discussion on this? Again,
this will go to the Planning Commission.
(Written testimony was received and no registered speakers requested to testify
regarding this agenda item.)
The motion to refer Proposed Draft Bill (No. 2834) to the Planning Commission
was then put, and carried by the following vote:
COUNCIL MEETING 56 AUGUST 18, 2021
FOR MOTION: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST MOTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None • TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
EXECUTIVE SESSION:
ES-1059 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County
Attorney, on behalf of the Council, requests an Executive Session to consult with the
County Attorney on matters related to the Governor's Emergency Proclamation
Related to the COVID-19 Response, specifically the vaccine and testing requirements
for County employees. This briefing and consultation involves consideration of the
powers, duties, privileges, immunities, and/or liabilities of the Council and the
County as they relate to this agenda item.
Councilmember Kuali`i moved to convene into Executive Session for ES-1059,
seconded by Councilmember Carvalho.
Council Chair Kaneshiro: Are there any questions or discussion from
the Members? May I have a roll call vote to go into Executive Session?
(Written testimony was received and no registered speakers requested to testify
regarding this agenda item.)
The motion to convene into Executive Session for ES-1059 was then put, and
carried by the following vote:
FOR EXECUTIVE SESSION: Carvalho, Chock, Cowden, DeCosta
Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST EXECUTIVE SESSION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro That concludes the business on our agenda.
Not seeing or hearing any objections, this Council Meeting is now adjourned and we will
go into Executive Session.
ADJOURNMENT.
COUNCIL MEETING 57 AUGUST 18, 2021
There being no further business, the Council Meeting adjourned at 11:47 a.m.
Respectfully submitted,
JADE . FOUNTAIN-TANIGAWA
County Clerk
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