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CITY COUNCIL CITY AND COUNTY OF HONOLULU HONOLULU, HAWAI‘I 96813-3077 |
TOMMY WATERS CHAIR & PRESIDING OFFICER ESTHER KIAʻĀINA VICE CHAIR ANDRIA TUPOLA FLOOR LEADER RADIANT CORDERO BRANDON J.C. ELEFANTE CAROL FUKUNAGA CALVIN K.Y. SAY HEIDI TSUNEYOSHI AUGIE TULBA |
ORDER OF BUSINESS
REGULAR MEETING
CITY COUNCIL CHAMBER
17TH SESSION
WEDNESDAY, JANUARY 26, 2022
10 A.M.
PUBLIC PARTICIPATION AND TESTIMONY
Pursuant to Act 220, Session Laws of Hawaii 2021, and Governor David Ige's Emergency Proclamation Related to Sunshine Law In-Person Meetings, issued on December 29, 2021, in order to allow public participation in a manner consistent with safe practices, this meeting will be conducted as a remote meeting by interactive conference technology, with the following procedures in effect for the meeting:
VIEWING THE MEETING AND RESTRICTIONS ON ENTRY
Members of the public will not be allowed into the meeting room, but may view the meeting on a live broadcast. The meeting will be viewable: (1) by internet live streaming through www.honolulucitycouncil.com or olelo.org and (2) by televised live broadcast on ‘Ōlelo TV Channel 54.
After the meeting, the meeting will be viewable on demand at http://www.honolulucitycouncil.tv/. Copies of older meeting videos may be requested by calling the City Clerk’s Office at (808) 768‑5822, charges may apply.
Some Councilmembers may be participating in the meeting by interactive conference technology from remote locations.
ORAL TESTIMONY
Oral testimony will be permitted on all items on the agenda, subject to the following restrictions:
1. Persons may submit oral testimony remotely through the Zoom video conferencing platform. To participate, persons should visit www.zoom.us, click “Join,” enter ID 99131280776, and complete the registration process. Registrants will receive an
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email that contains links and information on joining the meeting by either phone or video conference. Zoom testifiers are strongly encouraged to register at least 24 hours before the start of the meeting. Remote testimony will be taken at the start of the agenda and then closed.
2. To audio conference on the day of the meeting call +1-253-215-8782, enter ID 99131280776, and Passcode 600842794.
3. Each speaker may not have anyone else read their statement and is limited to:
a. A three-minute presentation on Public Hearing and New Business items; and
b. A one‑minute presentation on all other items.
WRITTEN TESTIMONY
Written testimony may be faxed to (808) 768-3826, transmitted via the internet at http://www.honolulu.gov/ccl-testimony-form.html, or mailed to Office of the City Clerk, Attention: Information Section, 530 South King Street, Room 100, Honolulu, HI 96813. If submitted, written testimonies, including the testifier’s address, email address and phone number, will be available to the public at https://hnldoc.ehawaii.gov. Written testimony will not be accepted in person at the meeting.
Should you have any questions, please call (808) 768-3814 or send an email to jyamane1@honolulu.gov.
The Council will recess from 12:30 p.m. to 1:30 p.m.
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MATERIALS AVAILABLE FOR INSPECTION
Meeting materials (“board packet” under HRS Section 92-7.5) are accessible at https://hnldoc.ehawaii.gov/hnldoc/browse/agendas by clicking on the appropriate Council meeting.
Accommodations are available upon request to persons with disabilities. Please call (808) 768‑3814 or send an email to jyamane1@honolulu.gov at least three working days prior to the meeting.
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PLEDGE OF ALLEGIANCE
MESSAGE OF ALOHA
CALL TO ORDER
Roll Call
Introduction of Guests
ORAL TESTIMONY REMOTELY VIA VIDEO CONFERENCE OR PHONE
Approval of Minutes of the 15th and 16th Sessions
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ORDER OF THE DAY
APPOINTMENT – RESOLUTIONS
ZONING AND PLANNING |
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Relating to the reappointment of Gladys A. Quinto Marrone to the Zoning Board of Appeals. |
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FOR ADOPTION |
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MM-135(21) MAYOR BLANGIARDI - Draft Resolution to reappoint Ms. Gladys Marrone as a member of the Zoning Board of Appeals. PH ZP MM-144(21) MAYOR BLANGIARDI - Additional information on Resolution 21-231 for 10/06/21 Council Meeting - Reappointment of Gladys A. Quinto Marrone to the Zoning Board of Appeals. PH ZP M-0026(22) Testimony on Resolution 21-231 for 01/26/22 Council Meeting. 111021 Council Minutes - ADOPTED 12/01/21 011322 Committee on Zoning and Planning Written Summary for Video Record |
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PUBLIC HEARING/RESOLUTIONS
MAYOR’S CABINET
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Confirming the nomination of Roger W. Babcock, Jr., P.E., Ph.D., to serve as the Director of the Department of Environmental Services of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-189(21) MAYOR BLANGIARDI - Draft Resolution requesting confirmation of the appointment of Roger W. Babcock Jr., P.E., Ph.D. as Director of Department of Environmental Services. D-0049(22) BOARD OF WATER SUPPLY - Resolution No. 22-4: Confirming the Nomination of Roger W. Babcock, Jr., P.E., PH.D., to serve as the Director of the Department of Environmental Services of the City and County of Honolulu. M-0017(22) Testimony on Resolution 22-4 for 01/26/22 Council Meeting. |
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Confirming the nomination of Dawn B. Szewczyk, P.E., to serve as the Chief Engineer of the Department of Facility Maintenance of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-190(21) MAYOR BLANGIARDI - Draft Resolution requesting confirmation of the appointment of Dawn B. Szewczyk, P.E. as Director of Department of Facility Maintenance. D-0050(22) BOARD OF WATER SUPPLY - Resolution No. 22-5: Confirming the Nomination of Dawn B. Szewczyk to serve as the Chief Engineer of the Department of Facility Maintenance of the City and County of Honolulu. M-0010(22) Testimony on Resolution 22-5 for 01/26/22 Council Meeting. |
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BOARDS AND COMMISSIONS
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Relating to the appointment of Ms. Melissa May to serve on the Planning Commission of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-171(21) MAYOR BLANGIARDI - Draft Resolution on Appointment of Ms. Melissa May to the Planning Commission. PH ZP M-0011(22) Testimony on Resolution 21-271 for 01/26/22 Council Meeting. |
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Confirming the appointment and reappointment of Mr. Brent Tokita to serve on the Building Board of Appeals of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-173(21) MAYOR BLANGIARDI - Draft Resolution regarding the Appointment and Reappointment of Mr. Brent Tokita to the Building Board of Appeals. PH ZP M-0012(22) Testimony on Resolution 21-273 FOR 01/26/22 Council Meeting. |
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Relating to the appointment of Margaret Cannell to the Zoning Board of Appeals. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-174(21) MAYOR BLANGIARDI - Draft Resolution relating to the Appointment of Ms. Margaret Cannell a to the Zoning Board of Appeals. PH ZP |
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Relating to the reappointment of Na‘alehu Anthony to serve on the Board of Water Supply of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-175(21) MAYOR BLANGIARDI - Draft Resolution - Appointment of Mr. Anthony NaÊ»alehu as a member of the Board of Water Supply. PH PIT D-0040(22) BOARD OF WATER SUPPLY - Resolution No. 21-275 - Relating to the Reappointment of Naʻalehu Anthony to serve on the Board of Water Supply of the City and County of Honolulu. |
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Confirming the appointment of Mr. Scott Inatsuka to serve on the Building Board of Appeals of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-181(21) MAYOR BLANGIARDI - Draft Resolution appointing Mr. Scott Inatsuka to the Building Board of Appeals. Supersedes MM-172. PH ZP |
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Confirming the reappointment of Fernando J. Frontera to serve on the Building Board of Appeals of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-005(22) MAYOR BLANGIARDI - Draft Resolution to reappoint Mr. Fernando Frontera as an engineer/architect member of the Building Board of Appeals. PH ZP |
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Confirming the reappointment of Christopher T. Hong to serve on the Building Board of Appeals of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-006(22) MAYOR BLANGIARDI - Draft Resolution to reappoint Mr. Christopher T Hong as engineer/architect member of the Building Board of Appeals. PH ZP |
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Confirming the appointment of Kenneth Silva to serve on the Police Commission of the City and County of Honolulu. |
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PUBLIC HEARING AND REFERRAL TO COMMITTEE |
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MM-007(22) MAYOR BLANGIARDI - Draft Resolution to appoint Mr. Kenneth Silva as a member of the Police Commission. PH PS M-0025(22) Testimony on Resolution 22-9 for 01/26/22 Council Meeting. |
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PUBLIC HEARING/SECOND READING
TRANSPORTATION, SUSTAINABILITY AND HEALTH |
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Relating to underground storage tanks. (To protect the purity of O‘ahu’s groundwater.) |
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PASS SECOND READING, AS AMENDED |
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BILL048(21), CD1 - 01-11-22 TSH BILL048(21), PROPOSED CD1 - RC1 CC-428(21) WATERS - Timeline of events involving the Red Hill Bulk Fuel Storage Facility from 1992-2021. CC-430(21) ELEFANTE - Disclosure of Interest Statement for Bill 48 (2021). FILE MM-011(22) CLIMATE CHANGE COMMISSION - Bill 48 (2021), CD 1 - Relating to Underground Storage Tanks. MM-015(22) CLIMATE CHANGE COMMISSION - Reports from Boards or Commissions for the Periodic Review by the City Council. D-0801(21) BOARD OF WATER SUPPLY - City Council Bill 48 - Relating to Underground Storage Tanks. D-0009(22) BOARD OF WATER SUPPLY - Council Bill 48, Proposed CD1 - Relating to Underground Storage Tanks. D-0041(22) BOARD OF WATER SUPPLY - Council Bill 48, CD1 - Relating to Underground Storage Tanks. D-0042(22) KULIOUOU/KALANI IKI NEIGHBORHOOD BOARD NO. 2 - Testimony on Bill 48 (2022) for 01/26/22 Council Meeting. M-0620(21) Testimony on Bill 48 (2021) for 12/15/21 Council Meeting. M-0001(22) Testimony on Bill 48 (2021) for 01/11/22 TSH Meeting. M-0013(22) Testimony on Bill 48 (2021), CD1 for 01/26/22 Council Meeting. 011122 Committee on Transportation, Sustainability and Health Written Summary for Video Record |
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Disclosure of Interest Statement submitted by Councilmember Elefante. |
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ZONING AND PLANNING |
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Relating to transient accommodations. (Protecting the City’s residential neighborhoods and housing stock from the negative impacts of short-term rentals by providing a more comprehensive approach to the regulation of transient accommodations within the City and creating additional sources of funding for the administration and enforcement of the City’s short-term rental and transient accommodations laws.) (Deadline: 5/13/22) |
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PASS SECOND READING, AS AMENDED |
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BILL041(21), CD1 - 01-20-22 ZP BILL041(21), PROPOSED CD1 - BE1 CC-394(21) ELEFANTE - Disclosure of Interest Statement for Bill 41 (2021). FILE CC-395(21) ELEFANTE - Disclosure of Interest Statement for Bill 41 (2021). FILE CC-397(21) ELEFANTE - Disclosure of interest statement for Bill 41 (2021). FILE CC-010(22) ELEFANTE - Disclosure of Interest Statement for Bill 41 (2021). FILE CC-011(22) ELEFANTE - Disclosure of Interest Statement for Bill 41 (2021). FILE CC-017(22) ELEFANTE - Disclosure of Interest Statement for Bill 41 (2021). FILE CC-018(22) ELEFANTE - Disclosure of Interest Statement for Bill 41 (2021). FILE CC-019(22) ELEFANTE - Disclosure of Interest Statement for Bill 41 (2021). FILE D-0702(21) PLANNING COMMISSION - A Request for Amendments to Chapter 21, (Land Use Ordinance [LUO]), Revised Ordinances of Honolulu (ROH) 1990, as amended, Relating to Transient Accommodations - Draft Bill. D-0734(21) PLANNING AND PERMITTING - Proposed CD1 for Bill 41 Relating to Transient Accommodations. D-0039(22) PLANNING AND PERMITTING - Bill 41 (2021), Proposed CD 1 - Land Use Ordinance (LUO) Amendments Relating to Transient Accommodations. D-0043(22) KULIOUOU/KALANI IKI NEIGHBORHOOD BOARD NO. 2 - Testimony on Bill 41, CD1 (2022) for 01/26/22 Council Meeting. D-0702(21) - A PLANNING COMMISSION - Public Written Testimonies on Short-Term Rental Submitted 8/18/21 to 9/8/21 relating to Departmental Communication D-702(2021). D-0727(21) PLANNING AND PERMITTING - Request for extension of time for processing Bill 41 relating to transient accommodations. M-0592(21) Testimony on Bill 41 (2021) for 11/18/21 ZP Meeting. M-0583(21) Testimony on Bill 41 (2021) for the 11/18/21 ZP meeting. M-0569(21) Testimony on Bill 41 (2021) for 11/10/21 Council Meeting. M-0614(21) Testimony on ZHCR-330 for Bill 41 (2021) for 12/01/21 Council Meeting. M-0009(22) Testimony on Bill 41 (2021) for 01/20/22 ZP Meeting. M-0014(22) Testimony on Bill 41 (2021), CD1 for 01/26/22 Council Meeting. 111821 Committee on Zoning and Planning Written Summary for Video Record 111021 Council Minutes - ADOPTED 12/01/21 012022 Committee on Zoning and Planning Written Summary for Video Record |
Related communications: |
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Disclosure of Interest Statement submitted by Councilmember Elefante. |
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Disclosure of Interest Statement submitted by Councilmember Elefante. |
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Disclosure of Interest Statement submitted by Councilmember Elefante. |
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Disclosure of Interest Statement submitted by Councilmember Elefante. |
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Disclosure of Interest Statement submitted by Councilmember Elefante. |
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FIRST READING
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Relating to real property taxation. (Addressing the taxation of vacant residential properties and issues concerning the use of revenues realized from the taxation of those properties.) |
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PASS FIRST READING |
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M-0023(22) Testimony on Bill 49 (2021) for 01/26/22 Council Meeting. |
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Relating to the disposal of weeds, garbage, trash, and waste from property. (Expanding the application of the ordinances relating to the disposal of weeds, garbage, trash, and waste from property.) |
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PASS FIRST READING |
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M-0021(22) Testimony on Bill 50 (2021) for 01/26/22 Council Meeting. |
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Relating to short-term rentals. (Requiring an owner of residential real property to disclose to a potential buyer, prior to the sale of the property, certain information relating to the property’s eligibility for use as a short-term rental.) |
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PASS FIRST READING |
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M-0022(22) Testimony on Bill 2 (2022) for 01/26/22 Council Meeting. |
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Relating to real property taxation. (Amending provisions related to the notices of real property valuation assessments for real property taxation purposes.) |
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PASS FIRST READING |
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Relating to real property taxation. (Addressing the taxation of real property, particularly real property used as a transient accommodation.) |
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PASS FIRST READING |
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M-0018(22) Testimony on Bill 4 (2022) for 01/26/22 Council Meeting. |
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Relating to exemptions to permits for sports activities. (Establishing certain exemptions from permitting for use of City parks facilities.) |
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PASS FIRST READING |
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CC-016(22) WATERS - Kahala Community Park and Kalani High School Baseball Program. M-0019(22) Testimony on Bill 5 (2022) for 01/26/22 Council Meeting. |
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Relating to real property taxation. (Amending certain provisions related to the assessment of real property for purposes of taxation and real property tax appeals.) |
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PASS FIRST READING |
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Relating to real property taxation. (Addressing the real property tax home exemption.) |
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PASS FIRST READING |
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Relating to administrative enforcement of certain codes. (Addressing the administrative enforcement of certain codes in the Revised Ordinances of Honolulu 1990.) |
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PASS FIRST READING |
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M-0024(22) Testimony on Bill 8 (2022) for 01/26/22 Council Meeting. |
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RESOLUTIONS
HOUSING AND THE ECONOMY |
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Requesting an update on the status of the City Administration’s Action Plan to address the needs of homeless persons on O‘ahu. |
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FOR ADOPTION |
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M-0003(22) Testimony on Resolution 22-2 for the 01/11/22 HEcon meeting. M-0027(22) Testimony on Resolution 22-2 for 01/26/22 Council Meeting. 011122 Committee on Housing and the Economy Written Summary for Video Record |
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Requesting the City Administration to provide an update to the Council on the status of the City’s implementation of the recommendations from the Affordable Rental Housing Report and Ten-Year Plan and other efforts to address the affordable housing crisis. |
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FOR ADOPTION, AS AMENDED |
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RES22-003, CD1 - 01-11-22 HEcon M-0004(22) Testimony on Resolution 22-3 for the 01/11/22 HEcon meeting. 011122 Committee on Housing and the Economy Written Summary for Video Record |
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ZONING AND PLANNING |
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Granting a Special Management Area Use Permit for the Punaluu Stream Restoration Project. (Applicant: Kamehameha Schools) (Deadline: 4/17/22) |
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FOR ADOPTION, AS AMENDED |
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CC-420(21) ELEFANTE - Request to place an item on the December 1, 2021 Council Agenda regarding Resolution 21-267. D-0767(21) PLANNING AND PERMITING - Draft Resolution granting a SMA use permit for the Punaluu stream restoration project. M-0601(21) KAMEHAMEHA SCHOOLS - Request for Extension of Time for Processing of D-767 Approving an Application for Special Management Area Use Permit for the Punalu'u Stream Restoration Project. Tax Map Keys: 5-3-001: 041 and 052, and 5-3-003: 001 (DPP File No. 2021/SMA-45). M-0002(22) KAMEHAMEHA SCHOOLS - Punaluʻu Stream Restoration Project presentation on Resolution 21-267 for the 01/13/22 ZP meeting. M-0008(22) Testimony on Resolution 21-267 for 01/13/22 ZP meeting. M-0015(22) Testimony on Resolution 21-267, CD1 for 01/26/22 Council Meeting. 011322 Committee on Zoning and Planning Written Summary for Video Record |
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Granting a Special Management Area Use Permit to allow the construction of a new single-family dwelling unit with a garage and repairs to an existing swimming pool at Tax Map Key (“TMK”) 4-3-008: 045 in Lanikai. (Applicant: Pacific Coast Real Estate Investment Services, LLC) (Deadline: 2/21/22) |
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FOR ADOPTION, AS AMENDED |
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D-0821(21) PLANNING AND PERMITTING – Draft Resolution for Special Management Area (SMA) Use Permit Application File No. 2021/SMA-59 830 Mokulua Single-Family Residence 830 Mokulua Drive - Lanikai Beach Tract Tax Map Key 4-3-008: 045. M-0006(22) LONG AND ASSOCIATES - Presentation for Resolution 21-281 for 01/13/22 Zoning and Planning Meeting. M-0007(22) Testimony on Resolution 21-281 for 01/13/22 ZP meeting. 011322 Committee on Zoning and Planning Written Summary for Video Record |
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ZONING AND PLANNING (Cont’d.) |
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Strongly urging the Department of Planning and Permitting to immediately address outstanding violations related to the property at 54-406 Kamehameha Highway in Hau‘ula (Tax Map Key 5-4-004:021). |
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FOR ADOPTION |
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M-0005(22) Testimony on Resolution 22-6 for 01/13/22 ZP meeting. M-0016(22) Testimony on Resolution 22-6 for 01/26/22 Council Meeting. 011322 Committee on Zoning and Planning Written Summary for Video Record |
BALANCE OF COMMITTEE REPORTS
UNFINISHED BUSINESS
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NEW BUSINESS
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Accepting a gift of $4,838.31 to the City from Glen and Sandra Moribe to be used by the Specialized Services Division’s Canine Unit to purchase work-related training and equipment, including a new tent for their custom K9 truck. |
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FOR ACTION |
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CC-003(22) TSUNEYOSHI - Referral Appeal Form for Resolution 21-264 from Public Safety to Council Floor. FILE. D-0763(21) POLICE - Draft Resolution accepting a gift from Glen and Sandra Moribe. |
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Accepting a gift of $4,000 from The 200 Club to the City for the Honolulu Fire Department’s 2022 Manager and Employees of the Year. |
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FOR ACTION |
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CC-004(22) TSUNEYOSHI - Referral Appeal Form for Resolution 21-266 from Public Safety to Council Floor. FILE. D-0765(21) FIRE - Draft Resolution for acceptance of gift from the 200 Club. |
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Relating to the transfer of funds. (Department of Transportation Services) |
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FOR ACTION |
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CC-002(22) SAY - Referral Appeal Form for Resolution 21-277 from Budget to Council Floor. FILE D-0787(21) TRANSPORTATION SERVICES - Draft Resolution authorizing DTS to transfer funds. |
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Submitted by Councilmember Say |
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Relating to appointments and officers for the Hawai‘i State Association of Counties. |
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FOR ACTION |
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CC-007(22) TUPOLA - Referral Appeal form for Resolution 21-278 from Executive Matters and Legal Affairs to Council Floor. FILE |
Page 21 |
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Urging the Department of Parks and Recreation, the Hawai‘i State Department of Education, and Kalani High School to enter into a memorandum of understanding relating to the use of the Kahala Community Park baseball field. |
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FOR ACTION |
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CC-016(22) WATERS - Kahala Community Park and Kalani High School Baseball Program. M-0020(22) Testimony on Resolution 22-10 for 01/26/22 Council Meeting. |
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COMMITTEE OF THE WHOLE/EXECUTIVE SESSION
If the need arises with respect to any item on this agenda, then pursuant to Council Rule 12.A and Hawai‘i Revised Statutes Sections 92-4 and 92-5(a)(4), the Council may resolve itself into a Committee of the Whole to consult with its attorneys in executive session on questions and issues pertaining to the Council's powers, duties, privileges, immunities and/or liabilities relating to that item.
ANNOUNCEMENTS
ADJOURNMENT