RESOLUTION 13-81

Approved by the Honolulu Council Intergovernmental Affairs Committee April 25, 2013

URGING THE STATE LEGISLATURE TO WITHHOLD ACTION ON ANY LEGISLATION THAT CONTEMPLATES THE SALE OR DEVELOPMENT OF ANY LAND OWNED BY THE CITY AND COUNTY OF HONOLULU AND USED BY THE STATE DEPARTMENT OF EDUCATION.

WHEREAS, certain public schools on Oahu are located on lands owned by the City and County of Honolulu; and

WHEREAS, these lands are not only used for public schools but are also used for public parks and playgrounds which are adjacent to these schools; and

WHEREAS, the Hawaii State legislature is considering legislation that would raise revenue for the Department of Education by enabling public-private partnerships to develop public school lands that are "underutilized"; and

WHEREAS, any plans to sell or redevelop land owned by the City and County of Honolulu and used by the Department of Education should respect compensation claims asserted by the City; and

WHEREAS, the legislature has passed and transmitted to the governor H.B. No. 1133, S.D.2, which repeals Act 55, Session Laws of Hawaii 2011, the act that created the Public Land Development Corporation ("PLDC"); and

WHEREAS, the legislature states in H.B. No. 1133, S.D.2, that repealing the law creating the PLDC is motivated, in part, by concerns over the exemptions to county laws regarding land use, zoning and construction standards contained in Act 55; and

WHEREAS, H.B. 1133, S.D.2, additionally states that the legislature desires to achieve the goal of optimizing the use of public lands in a equitable and transparent manner while fully respecting existing laws and procedures; and

WHEREAS, in light of the legislature's stated intent to afford respect and consideration to the counties, the Council finds that any efforts by the state to sell or develop lands used by the Department of Education and owned by the City and County of Honolulu should be premised on the provision of fair compensation to the City and County of Honolulu; now, therefore,

BE IT RESOLVED by the Council of the City and County of Honolulu that it urges the Hawaii State Legislature to withhold action on any legislation that contemplates the sale or development of any land owned by the City and used by the Department of Education until such time as the State administration and the City have an agreement in place providing fair compensation to the City and County of Honolulu; and

BE IT FINALLY RESOLVED that a copy of this Resolution be transmitted to the Governor, the President of the State Senate, the Speaker of the State House of Representatives, the Mayor, the Managing Director, and the Director of Budget and Fiscal Services.

---30---

LINK: PDF of Resolution