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REQUEST FOR PROPOSALS ("RFP") FOR DEVELOPMENT OF THE ALA WAI SMALL BOAT HARBOR KUMULIPO STUDIOS ALA WAI HARBOR HAUL OUT, FUEL DOCK RENOVATION PROJECT AND COMMUNITY BASED MANAGEMENT PLAN GENERAL INFORMATION APPLICANT Kumulipo Sudios, a 501(c)(3) c/o Sam Monet 1741 Ala Moana Blvd. #98 Honolulu, HI 96815 Tel.: 258-1611 RECORDED FEE OWNER State of Hawaii, Dept. of Land and Natural Resources Division of Boating and Ocean Recreation ("DOBOR") 333 Queen St., Suite 300 Honolulu, HI 96813 Tel.: 587-1973 TAX MAP KEY AND LOT AREA Parcel 1 (Ala Wai Small Boat Harbor) see inclusions and exemptions in Proposal Parcel 2 (Boatyard Repair Site) TMK: (1) 2-6-10:5 and 16 and a portion of (1) 2-6-10:3 Parcel 3 (Fuel Dock Site) TMK: (1) 2-3-37:20 Area: 15,199 sq. ft. Kumulipo Ala Wai Harbor Proposal RFP September 2019 Page 1

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Page 1: REQUEST FOR PROPOSALS (RFP) FOR DEVELOPMENT OF …savealawaiharbor.com/kumu-ala-wai-all-proposal.pdfKumulipo studios “Kumulipo” is a state and federal 501 (3) c, which has for

REQUEST FOR PROPOSALS ("RFP") FORDEVELOPMENT OF THE ALA WAI SMALL BOAT HARBOR

KUMULIPO STUDIOSALA WAI HARBOR HAUL OUT, FUEL DOCK RENOVATION PROJECT AND

COMMUNITY BASED MANAGEMENT PLAN

GENERAL INFORMATION

APPLICANT

Kumulipo Sudios, a 501(c)(3)c/o Sam Monet1741 Ala Moana Blvd. #98Honolulu, HI 96815Tel.: 258-1611

RECORDED FEE OWNER

State of Hawaii, Dept. of Land and Natural ResourcesDivision of Boating and Ocean Recreation ("DOBOR")333 Queen St., Suite 300Honolulu, HI 96813Tel.: 587-1973

TAX MAP KEY AND LOT AREA

Parce l 1 (A la Wai Smal l Boat Harbor ) see inc lus ions and exemptions in Proposal Parcel 2 (Boatyard Repair Site) TMK: (1) 2-6-10:5 and 16 and a portion of (1) 2-6-10:3 Parcel 3 (Fuel Dock Site)

TMK: (1) 2-3-37:20Area: 15,199 sq. ft.

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INDEX

Section! ! ! ! ! Page

Introduction! ! ! ! ! 1

Ala Wai Harbor History ! ! ! 3

Redevelopment Plan Summary 4

Haul Out Plan 7

Fuel Dock Plan 10

Community Based Management Plan 19

Community Support 20

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There is a .3 acre parcel at the Haul Out site where clear title to the state is in dispute or otherwise not been established. If this proves to be the case, then the entire public hearings and RFP process might need to be restarted. See Exhibit “A”

Kumulipo studios “Kumulipo” is a state and federal 501 (3) c, which has for over 40 years been involved in education, social, environmental and youth activities that have directly benefitted the ka poe Hawaii nei (the people of Hawaii) kumulipostudios.org.

Kumulipo has been actively involved at Ala Wai Harbor “ALAWAI” for about 20 years, planting trees in the neighborhood, providing kids with free surfboards, sailing lessons and giving kids a safe place to store their belongings when surfing. See Exhibit “B”

Between 2015 and 2019 Department of Land and Natural Resources “DLNR/DOBOR” received approximately $2,442,053 in federal funds for projects in part at ALAWAI. The Ala Wai Canal is a federal, navigable waterway.

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Kumulipo has the support of SaveAlaWaiHarbor.com, HawaiiOceanNews.com and a majority of boat owners and other beach goers and hundreds of users of the facilities at Ala Wai Harbor. See Exhibit “F”

The RFP proposal deadline “about September 30, 2019” is vague and ambiguous. See Exhibit “M in proposal”

Kumulipo requests DLNR accept its Proposal in its entirety in the best interest of all ALAWAI users, ka poe Hawaii nei and as a matter of law.

Ala Wai Harbor History

The Ala Wai Canal was dredged and constructed by the U.S. Army Corps of Engineers around 1920. The Boatyard Repair “Haul Out” Site developed in about 1934, was used as a haul-out boat repair facility through February, 2009, with the majority of the prop-erty having been used for haul out, boat repairs and ALAWAI service since April 27, 1953. The Ala Wai Harbor was developed in part in about 1947 and has basically re-mained the same since 1953.

Local taxpayers, using their money developed this entire boating, surfing, canoe pad-dling asset, the Ala Wai Boat Harbor for their kids and their grand children, not for for-eign investors or private mainland developers to use as their private play ground for their mega yachts and with their friends. See Exhibit “C”

The Ala Wai Boat harbor is bordered to the west by Ala Moana Beach Park and Aina Moana Recreation Area (Magic Island) and to the southeast by Fort DeRussy Beach Park and the Hilton Hawaiian Village Lagoon. All of these recreational areas were artificially created. Most of the terrain was landscaped with planted materials and they do not represent the original pristine environment on which the parks are sited. The deep-water channel was dredged in 1928 after the construction of the Ala Wai Canal. The Ala Wai Canal and basin is a federal navigable water way. The adjoin-ing lands subject to federal jurisdiction.

The Ala Wai Harbor Fuel Dock Site (TMK: (1) 2-3-37:20), is 15,199 sq. ft. zoned Public precinct by the City, and designated as Urban by the State. The Fuel Dock Site “Site” or “Fuel Dock” was developed and constructed sometime between 1959 and 1963 at the end of a 1,300-foot long former seawall in the Hawaii state man-aged Ala Wai small boat harbor. The entire Site includes the submerged lands and boat docking areas directly accessed by and adjacent to the gated parking Fuel Docking area. The Site fronts the Ala Wai canal facing west and Ala Moana park. The Fuel Dock Site is flat, approximately 5.5 feet above sea level.

A 1,431 sq.ft. single-story building was constructed on the site in 1962 (City and County building permit records) and an August 23, 1962 lease shows that the site was operated as a fueling facility since that date.

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Until DLNR contracted with foreign developer Honey Bee for a wedding chapel in about 2008, the Haul Out and Fuel Dock sites operated as a support services for the boating community and a place for beach goers to purchase food. The Haul Out for boat repairs and the Fuel Dock for fueling boats, providing ice, laundry, restau-rant, swap meets and convenience store operations. Honey Bee declared bank-ruptcy and the site was eventually returned to the state by the bankruptcy court in 2018. The state lost approximately $3 million in this botched and mismanaged deal.

KUMULIPO’S Redevelopment Plan Summary

The preservation of boating and other ocean activities at ALAWAI, Waikiki and the over-all survival of the the state’s tourist industry will depend on the state and City and County of Honolulu’s immediate action to mitigate the sea level rise, more frequent hur-ricanes and storm surge that will eventually impact ALAWAI and Waikiki, perhaps de-stroying these assets as we know them forever.

First: Global Warming and resulting sea level rise is accelerating even faster than pre-dicted by scientists 10 years ago. It will take bold and decisive action by state and city governments to modify and preserve Waikiki, Hawaii’s cash cow, without such action

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that cow will bleed out. It is not IF but WHEN a Ba-hama’s type category 5 hur-ricane will hit our island home. Hawaii’s record set-ting summer temperatures this year will seem mild as global heating accelerates. Exhibit “D”

Kumulipo urges state and city planners to embrace a bold new plan. A gigantic Papeete/Japan style sea wall constructed outside the ALAWAI 800 pier all the way to Diamond Head to the east and Sand Island to the west, with Netherlands type lock/sea gates that will close when a hurricane approaches.

This project must be started now, not tomorrow or Waikiki and ALAWAI will eventually be destroyed as we know it, gone for good. A devastated Waikiki will make all plans and development at ALAWAI short term only. The global and US economy in a much hotter world will have no money to rebuild Waikiki.

Second: It is abundantly clear that if DLNR management was employed at a private asset management firm, they would be out of work, the company bank-rupt. On the other hand, Kumulipo’s offi-cers and directors along with the well travelled, educated and diverse mix of professionals who are the boaters/tenants at ALAWAI have the combined expertise to manage a restored Fuel Dock, Haul Out yard and the entire harbor; by way of a COMMUNITY BASED PROPERTY MANAGEMENT BOARD OF DIREC-TORS “Community” dedicated to restor-ing, preserving and expanding harbor services.

ALAWAI is a vital part of the Waikiki community and necessary in a future where the harbor is not just a play ground but a vital part of survival in a hotter, more violent world where boats will play an in-creasingly important part in survival.

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Building a high rise, luxury condo, shopping mall or any expensive developments on the ALAWAI property is complete folly unless state and city can figure out a way to protect ALAWAI and Waikiki from hurricane generated storm surge or sea level rise before anymore expensive tourist style play pens are built in Waikiki.

Third: Despite the fact that ALAWAI has had NO lease rent income from the former Fuel Dock, Haul Out yard for 10 years nor 800 pier slip fees for 3 years, DLNR has been netting approximately $2,000,000 per year from rents and other income at ALAWAI. Removing the Fuel Dock and Haul Out from the harbor income stream as incentives for Kumulipo and community managers at these sites will have no impact on that net income and must be part and parcel of any ALAWAI plan with Kumulipo and the Community. Exhibit “E”

The utility value to the harbor Community and the Hawaii Yacht Club of re-storing the Fuel Dock and Haul Out services cannot be calculated in simple dollars and cents. State must provide incentives to restore what might oth-erwise be money losing operations, yet vital operations supported by a vast m a j o r i t y o f h a r b o r u s e r s . S e e v i d e o a t https://www.youtube.com/watch?v=4W4zXS5uE7QExhibit “F”

Fourth: The recent haul out lease for foreign sailboat Maserati trimaran re-pairs, and the salvage and demolition of the state’s white elephant Navatec 2 cost the ALAWAI boating community over $100,000. Mismanaged permits and these haul out leases have demonstrated the need for the restoration of a Haul Out facility at the old site where repairs and other work can be ac-complished. Haul Out work can be performed without negative impact to the harbor, on the visitor industry or Waikiki commercial industry.

Restoration of a full service Haul Out at this site is vital to all boaters at ALAWAI and necessary for the long term survival of boating at ALAWAI. In addition, the Fuel Dock, fuel, ice and laundry services must be restored to the community as a whole.

Fifth: Nepotism and corruption are unfortunately facts of life in American na-tional and Hawaii state government. Like the Washington federal swamp, ALAWAI was dredged from a tidal basin that was described by foreigners as a swamp, when it was really a place for wildlife, local hunting and gathering.

200 years later, foreigners see our harbor as a boating swamp; however we see it as a valuable local asset that must be restored by those who care for it, not sold to greedy investors who see Hawaii, its lands and waters simply as an investment to be pillaged.

Our mindset is different, our values and solutions in keeping with Ha-waii’s long term future in a world of carpet baggers and johnny come

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latelies that simply see our home an an investment and resource to plunder.

The federal district court has been actively pursuing cases against Hawaii public employees who have abused their power. There will be push back on Kumulipo’s Proposal at ALAWAI from employees at DLNR and state who might have a stake in what happens here. If necessary we will seek the help from the federal courts to compel state to comply with Constitution, state and federal rules and laws.

HAUL OUT PLAN

Kumulipo will sub lease the Haul Out site to a developer under the condition that developer restores the site as a haul out facility, a marine store and Ha-waiian canoe club. Exhibit “G”

The “Haul Out” Boatyard Repair Site is level with Ala Moana Blvd. on the mauka side, which sits as high as seven feet above the rest of the property. The property gradually slopes on the mauka side, as it heads towards Diamond Head, where the property is approximately two feet above the base level of the property. The base level of the Boatyard repair Site is flat and sits approximately 4.5 feet above current mean sea level.

There is a .3 acre portion of the Haul Out Site that apparently was not conveyed from City and County of Honolulu to state. Exhibit “A”

Kumulipo’s redevelopment and proposed use, light-industrial and commercial, is consistent with the Honolulu City Council's vision, as set forth in the Honolulu Gen-eral Plan, for marina communities. Item VII, Objective C, Policy 6 of the General Plan encouraged the development of a Marina Community with the development of a "maritime commercial center”.

According to the Flood Insurance Rate Map of the Federal Emergency Manage-ment Agency, both Haul Out and Fuel Dock sites are located in Flood Zone A, which is designated as "undetermined". There is also an existing sewer connection on the Haul Out Site to the sewer main along Ala Moana Blvd. Electric Power is located at the site boundary. Road and street access at Holomoana St..

Any existing environmental reports, issues or violations of law will be cured and paid for by state of Hawaii prior to execution of lease. In other words, if there is any existing hazardous waste or EPA violation on either the Haul Out or the Fuel Dock sites, state must clean up prior to executing leases.

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There is pedestrian traffic past the Haul Out site on Ala Moana Blvd. as tourists use this path to walk from Waikiki to Ala Moana Shopping Center. On the Diamond Head side of the site is Holomoana St., and farther east of that the Hawaii Prince Hotel. Holomoana St. is not a city and county roadway but is owned by the state (being a portion of Parcel 3) and is zoned as a Public precinct.

There is a second parcel on the Diamond Head side of Parcel 3, which is Parcel 15, which is also zoned Public precinct and is used by the Hawaii Prince Hotel for its re-sort. On the makai side of the site is a public bathroom and five parking stalls. This area where these five parking are located will be part of this project site.

Further makai are work docks used by boaters at ALAWAI. These work docks cur-rently have no boat repair support facilities.

On the Ewa side of the Haul Out Site is the Ala Wai Channel. The dock on the Ewa side of the property, which is a six-foot wide dock that can accommodate at least 4 boats. The Haul Out Site sits in the middle of high-rise structures, with a condomin-ium across the street on Ala Moana Blvd. and the Yacht Harbor Towers condominium being across the street and across Ala Wai Canal. The surrounding area is a very dense urban high-rise environment.

The Haul Out Site sits adjacent to the Ala Wai Channel and because a boatyard re-pair facility will restart and operate on the Site, the Haul Out repair operator will have to obtain a National Pollutant Discharge Elimination System (NPDES) general per-mit. This permit is required because any runoff from the servicing of the boats may enter the Ala Wai Channel. To obtain the NPDES permit and insure that the runoff will not pollute the Ala Wai Channel, the floor of this facility will be designed to in-clude but not be limited to the installation of a concrete containment area under all boat repair areas or as required by NPDES.

The vast majority of properties in the Waikiki Special District are allowed to have buildings which are 220 feet to 350 feet high. The adjoining property, upon which the Hawaii Prince Hotel is located, has two towers that are over 320 feet high. Thus the Hawaii Prince Hotel already blocks any view planes from the buildings on the mauka side of Ala Moana Blvd. The buildings on the Haul Out Site will be built to a maximum of 30 ft in height, considerably lower than the surrounding buildings. The visual impact of this building and Haul Out activities will be further mitigated by the use of a strategically-placed, landscaped open space along Ala Moana Blvd. Trees and landscaping will insulate Haul Out activities from view of pedestrians and cars. Containment tents will cover boats during repair work.

Measures to control equipment and dust emissions are required according to the Department of Health's Public Health Regulations on Air Pollution Control (State of Hawaii). Equipment emissions can be minimized by proper maintenance of all vehi-cles and equipment. Dust emissions can be minimized by strict adherence to State

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air pollution control standards. Vacuum sanders will be used to reduce any air pollu-tion caused by the grinding of fiberglass hulls.

The project is unlikely to create any significant long-term increase in vehicular traffic. For the Haul Out Site, most of the customer traffic will come from within the harbor.

This Haul Out site is located adjacent to a major roadway, Ala Moana Blvd., and thus the ambient noise level from the traffic is quite high. It is not anticipated that the pro-posed improvement for this property will have a significant impact upon the existing noise condition.

In the long run the Haul Out restoration and project operations are unlikely to gen-erate a significant level of air pollution since its operation does not involve on-site burning of fuels, usage of large amounts of toxic chemicals or waste products, nor any other activity that might produce significant air pollution. Lead based or haz-ardous materials will not be used on the Haul Out site.

Kumulipo will lease the Haul Out site from the state for $1.00/year on a 40 year lease. Kumulipo will have a sub lease option. This sub lease contract will give a Haul Out de-veloper the incentives necessary to start up an operation that supports ALAWAI and its boating needs (haul out and repair), giving operator enough time to recoup capital and start up cost eventually turning a profit. The project should cause an increase in employment opportunities at the harbor for residents who in many cases have expert boat repair skills and other jobs in the general Waikiki community.

This Haul Out development will emphasize "green" principals in its development. It will use solar energy at the building. "Green" means more than simply installing so-lar panels. The Site will have a parking space for an electric car and EV charging.

There is no public plan or restriction at the Haul Out Site that will prohibit Kumulipo from re installing or establishing the Haul Out facility gantry crane, rebuild an office and store for the sale of non hazardous boating supplies or performing boat repairs using modern noise and environmental protections, similar to the Maserati and Navatec 2 haul outs, repairs and demolition work allowed under private contract by DLNR completed in Sep-tember 2019.

A canoe paddling reserve area will also be located on Site. A vast majority of local peo-ple, ALAWAI boat owners, surfers, canoe paddlers and neighboring property owners support Kumulipo’s Haul Out re-development plan.

Without a Haul Out ALAWAI’s boats will continue to suffer from deferred maintenance which has caused many boats, since the closing of the Haul Out Site in 2008 to become derelict, abandoned and sink. Hawaii Yacht Club membership has suffered since 2009, on the verge of bankruptcy because boating ownership and interest at the harbor de-clined dramatically when the Fuel Dock and Haul Out were closed.

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DLNR made a huge mistake when it shut down harbor support facilities in favor of Honey Bee which ended up costing ALAWAI millions of dollars in lost rents, revenues, court costs and fees, no fault of the good people, boat owners and general Hawaiian public at ALAWAI.

The accepting agency should determine that this Kumulipo project has no signifi-cant impact on the environment and will directly benefit the boating and Waikiki communities.

FUEL DOCK PLAN

Until DLNR contracted with foreign developer Honey Bee for a wedding chapel in about 2008, the Fuel Dock site successfully operated as a fueling facility for the harbor, providing ice, laundry, restaurant, swap meets and convenience store op-erations. Honey Bee declared bankruptcy and the site was eventually returned to the state by the bankruptcy court in 2018.

The1968 State of Hawaii master plan for the Fuel Dock Mole (C) states “Din-ing Conveniences. . . i t i s t he re fo re , recommended tha t two permanent snack bars be constructed in the in-t e r e s t o f a e s t h e t i c s a n d b o a t e r -publ ic convenience. One o f the snack bars shou ld be located a t the m a k a i / D i a m o n d H e a d e n d o f t h e proposed Mole "C" beach park ing area to serv ice Bas ins No. 2 and 3 in add i t ion to the genera l pub l i c w h o w i l l b e u s i n g t h e l a g o o n , beach, and ad jacent sur f ing areas , In add i t ion , i t wou ld be h igh ly de-s i rab le to des ign the fac i l i t y in such a way tha t wou ld enab le pa t rons to be served out -o f -doors where they might d ine in le isure and observe the ac t i v i t y w i th in the mar ina . I t would be or iented toward boat owner c l iente le . ”

The Fuel Dock site has had USTs but they were all removed in September, 1987. A January 12, 2004 Phase I Environmental Study done by BEI Environmental Serv-ices ("1994 BEI Report") Exhibit “H” shows that there are no releases from the USTs. The BEI report also shows that the site formerly had a cesspool, which has long been filled in.

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The Hawaii Department of Health inspected the site in 2013 Exhibit “I”: “No Further Action Determination for Petroleum Contamination.

Magic Island Petroleum, Inc. removed their fuel stor-age tanks, fuel pumps and dispensers sometime af-ter 2003. There is no storage container on the prop-erty today. Despite the fact that there is NO fuel available anywhere at the harbor, 2019 DLNR signage at the harbor indicates fuel is available at the “FUEL DOCK”. See Exhibit “J”

The present tenant on this site, a tenant under a month-to-month lease, is HBM LLC, an entity that has failed in its obligations to DLNR and harbor us-ers under their “permit” to provide access and entry to dump human waste safely.

KUMULIPO PLAN FOR FUEL DOCK

The Fuel Dock Site was once a meeting and gathering place for local boaters, surf-ers, canoe paddlers and other harbor users. Restoring the Fuel Dock Site will re-store fueling facilities for the harbor, providing ice, laundry, restaurant, swap meets and other operations much needed that are essential for boat owners in the harbor. The Community Youth Center will include a place for kids to gather, use computers to study, eat healthy foods and meet their parents after surfing, sailing or other youth activities hosted by Kumulipo at the harbor. See Exhibit “K”

Fuel Dock Site building has been abandoned for over 10 years. Comparable rents if any, are far below what can be asked for in Waikiki. In addition to allowing a renewal and continued operation of the fueling facility, Kumulipo will provide needed services for the Ala Wai boating Community.

There will be no new construction, renovations will be minimal and not produce any exceedingly high noise, dust or debris. The project will have little or no effect on the environment. As the boat harbor and its surround-ings are totally developed and contain no indigenous land species, the project will have no significant impact on land flora and fauna. The water quality of the Ala Wai Channel will actually improve as a result of this project because boat owners will again be able to dispose of their waste at the Site then properly disposed.

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The Fuel Dock Site is fully within the Special Management : Area beyond the shore-line setback line of sixty feet. The 1994 BEI report also states that there was no UST closure report filed because in 1987 these reports were not required at the time. The Hawaii Dept. of Health has stated in an EIS report for Honey Bee that they do not intend to perform any site assessment on the former UST site to determine if there were any releases associated with the removal of the USTs.

The site is located in the Waikiki Special District. Because there are no new build-ings, a Special District (Major) permit will not be required.

Lease/Permit: Kumulipo will lease the Fuel Dock Site and directly adjacent submerged lands from the state for $1.00 per year on a 40 year renewable lease (Permit). Kumulipo will use volunteers from the harbor, its own re-sources, grant and charitable donations to finance and operate the “Proposed Operations” hereinbelow. Exhibit “K”

The physical characteristics of the project, including the existing improvements and the site plans are attached. Only project renovations will be made to the Site. No new construction will be required.

Kumulipo will expand its ongoing services for youth at the Site. The project will be manned by volunteers or employees as required to accomplish Kumulipo’s stated goals. This project has a positive social impact beyond increasing em-ployment opportunities and increasing services for harbor residents and youth who use the harbor and beach for recreation.

The Fuel Dock project will save boaters, harbor users and tenants time and money by providing safe on property fueling and laundry services. Hawaii Yacht Club is on the verge of bankruptcy in part because members cannot get fuel to get their boats out of the harbor, therefore they do not need to be a member of a yacht club in a harbor that has no fuel. In addition, many boats are in disrepair because without fuel they cannot leave the harbor. If they cannot leave the harbor there is no need to properly maintain a boat that is not used. It is a very bad chicken and egg situation that this project will solve in part.

The Kumulipo Fuel Dock renovation and Community Youth Center will be an attractive building, an asset in the Ala Wai Harbor environment, restoring services much needed and lost through poor government management. Kumulipo will continue its efforts in beautification projects at the harbor.

The much needed laundry facility will be restored in its original location in the exist-ing building at the Site, a 3rd party vendor will operate and maintain the laundry facil-ity.

A solar powered hot water and electric system and battery will provide low cost re-newable energy at the site. This will be an example for young people in practical

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applications of solar energy that will be much needed at they grow older in an envi-ronment behest by fossil fuels and resulting global warming and sea level rise. This system will be a donation from a Hawaii solar energy company.

A solar powered electric vehicle charging station will be on site providing free EV charges on a first come first serve basis.

The public use here is the Ala Wai Boat Harbor. As the largest recreational harbor in the State of Hawaii it serves an important function as a small boat harbor in an ocean state. But harbors cannot exist alone and must rely upon support facilities, such as a fuel dock where gas and diesel, ice and food can be purchased and where kids can safely congregate close to the beach. The use proposed by Kumulipo is also consistent with the surrounding zoning and does not reflect "spot zoning" where the proposed use is inconsistent with the surrounding zoning. Commercial uses have been allowed at the Fuel Dock Site in the past.

Restoration of the Fuel Dock laundry, restaurant, fuel and social activities have been sorely needed since DLNR entered into its disastrous contract with now bank-rupt Honey Bee wedding chapel.

The present building on the site is a 1,431 sq. ft. one-story building with masonry walls. The existing above ground concrete containment pad which once housed 2,000 gallon fuel storage tanks and dispensing pumps will be inspected, cleaned and restored to service. A third party vendor will operate and service the fuel dis-pensing operations.

There will be no change to the existing floor areas. There are seven parking stalls on the Fuel Dock Site and there are an additional nine public parking stalls within 100 ft. of the Fuel Dock site. Thus there are at least 16 parking spaces, which meets the required parking ratio for the Waikiki Special District. The Floor Area Ra-tio is well under the requirement for Resort commercial zoning given that the Fuel Dock Site is 15,199 sq. ft. and the interior square footage of the building is 1,431 sq.ft.

Plant based foods: The Amazon forest is the lungs of planet earth. Ranch-ers in Brazil are burning virgin forest to raise cattle. Eating meat is driving that forest decimation. Kumulipo supports a plant based diet that can reduce obesity, heart attacks, stroke, diabetes and other life threatening diseases that affect many people in Hawaii.

Kumulipo will operate a plant based restaurant at the Fuel Dock site. The menu will include poi, veggie burgers, vegetables, pasta and healthy rices as well fresh fish sashimi, bb-q or poisson cru. The re-opened Fuel Dock will increase the number fishing boats leaving the harbor. That will increase their catch and fresh fish available to Kumulipo’s restaurant in addition to supplies at the commercial fishing docks.

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Hydroponic Green house: Kumulipo supporters are experienced hydroponic greenhouse developers and managers. Kumulipo will install a hydroponic green-house and fish tank on at the Fuel Dock. This high tech farming will produce fresh herbs, vegetables and some fish for the restaurant. It will also teach the kids an alternative to traditional farming. The pumps will be powered by the PV system.

Restore support services to the Harbor: The refurbished and re-opened Fuel Dock Site will house a Community Youth Center, fresh fish and plant based food res-taurant, laundry, gas and diesel fueling operations and human waste disposal tank, open to the public from 7:00 a.m. to 5:00 p.m. Monday through Saturday, 7:00 a.m. to 1:00 p.m Sunday. One Sunday a month the site will once again provide space for a community swap meet. No smoking, alcohol or nicotine products will be allowed or sold on the property.

The renovated and revived Fuel Dock will again attract the ocean recreation com-munity. Many local residents already use the waters in the area and the project's intent is to provide better facilities for all of them.

Clean up and repairs: The Fuel Dock property will need clean up, some minor con-struction, plumbing and electrical upgrades. It will also need paint, computers and other donations. Harbor residents have indicated that they will donate time and ma-terials to the Kumulipo project. Kumulipo supporters included solar consultants and construction experts who have donated time and materials to other non profit pro-jects in Hawaii.

Existing Building restoration: The existing building will, in addition to the laundry and restroom facilities, house a small countered area to cook rice and make poi, re-frigeration and a small office area.

Learning Center: The rest of the room will be used as a computer learning center and meeting room. Computers will have browser restrictions focusing on math and science sites and applications that can be used by the kids for homework.

Surfing and Sailing: Kumulipo will include free surfing and sailing instruction for kids who cannot afford private lessons. A surf school has indicated that it will pro-vide free lessons one day per month for 6 kids.

Solar Power systems: The property will be powered by solar water and photovoltaic battery storage energy systems using the roof of the existing building for the panels. The PV system will provide power for air conditioning. Excess power will provide free EV charging on site, first come first serve basis. A Hawaii solar energy com-pany has indicated that it will donate the materials and labor for the solar systems on site.

There are no boat slips at the Fuel Dock. Boats moor by tying to the concrete apron surrounding the Fuel Dock.

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Revitalizing the Harbor. This is the first step in making the Ala Wai Boat Harbor a revitalized "working" recreational harbor, where local residents take their boat out of the harbor for weekend and even weekday cruises, where there is a "buzz" of activ-ity created by the boats and users of the ocean waters (canoe paddlers, kayaks, surfers). Having adequate support facilities, which this project provides, is a key part of that effort. The harbor will serve to both improve the existing facilities and create an attraction for tourists and transient boaters, which will be drawn by the multi-use nature of this Site.

Developing through Green Technology. This development intends to emphasize "green" principals in its development. It will use solar energy at the building. "Green" means more than simply installing solar panels. The Site will have parking spaces for electric cars. The entire project will be "green" and teach our kids the benefits of going green and eating a plant based diet.

There are no negative impacts at the Fuel Dock Site or within the harbor by this restoration project.

The existing electrical lines going to the Fuel Dock Site will be upgraded if neces-sary.

Existing fresh water is provided by the city's Board of Water supply through an ex-isting 6-inch water main. There is no need to upgrade water.

There is an existing 8-inch sewer main at the Fuel Dock that extends out to Mole "B". There is an existing sewer connection at the Fuel Dock to this 8-inch sewer main. There is sufficient capacity on this sewer main for the existing buildings and facilities.

Kumulipo will restore and operate a much needed human waste pump out and dis-posal station for boaters and harbor residents.

Kumulipo will contract with a waste disposal company to dispose of all solid waste, which will be kept in rubbish bins.

This property has unfettered, public access from Holomoana St. or the extension of Hobron Lane, Ala Moana Blvd and Kahanamoku St. to a frontage road along the Ala Wai Boat Harbor. The frontage road leads to roads that access each of the moles. The Fuel Dock Site is at the end of Mole B.

The Fuel Dock project will take 4 to 6 months for completion once a lease/permit is executed with DLNR. The cost will be met through donations from the community and grants from the private sector. A time line and budget will be provided on preliminary acceptance of this proposal by state.

Utility: The restored Site will also service local surfers, canoe paddlers and boaters who use the harbor and adjacent beaches for recreation and competitive activities, providing ice, fuel and healthy food.

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The 1994 BEI Report describes the soil at the Fuel Dock Site as mixed fill land con-sisting of materials dredged from the ocean and general materials from other sources". The Fuel Dock Site was created with fill from a 1,300-foot seawall.

The site is paved and thus erosion of the soil is not an issue. Water runoff is not an issue because no boat repairs or chemical sales will be allowed on this property.

The restoration of the Fuel Dock Site will not generate a significant level of air pol-lution since its operation does not involve usage any large amounts of toxic chemi-cals or waste products, nor any other activity that might produce significant air pol-lution. The fuel dock will re-establish its restaurant service providing healthy, plant based meals for sale to the general public. No single use plastics will be used or sold.

As to cooking odors, a propane bar-b-q cooking will be located outside of the build-ing at the Fuel Dock Site producing no more smoke than a family outing at the beach. Rice will be cooked inside the building for sale at the restaurant, thus avoiding any issues with the discharge of cooking odors through a ventilation sys-tem. Vegetables will be prepared in the building producing no air pollution.

The project is unlikely to create any significant long-term increase in vehicular traffic. At the Fuel Dock Site there is approximately room for 7 cars or trucks. There is ample public parking available on the 700 pier adjacent to the site.

The Fuel Dock Site sits at the end of Mole "B" where there is no ambient noise level from traffic. There will be no increase in noise levels as there will be no con-struction or boat repairs at the site.

According to the Flood Insurance Rate Map of the Federal Emergency Manage-ment Agency (which is attached with the drawings that accompany this state-ment), both sites are located in Flood Zone A, which is designated as "undeter-mined".

The Honolulu General Plan ("General Plan") sets forth areas of concern in the long-range growth of the Island of Oahu. The Site's proposed commercial, youth and community service use, is consistent with the Honolulu City Council's vision, as set forth in the Honolulu General Plan, for marina communities.

The inclusion of solar energy and hot water systems will provide almost all of the energy needs for the Fuel Dock and including recharging facilities for electric cars, meets the General Plan objective (Item VI, Objective C) of fully utilizing proven al-ternative sources of energy.

The Ala Wai Boat Harbor is zoned as a Public precinct. Under Sec. 21-9.80.8 of the LUO: "In the public precinct, public uses and structures may include accessory ac-

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tivities operated by private lessees under supervision of a public agency purely to fulfill a governmental function, activity or service for public benefit and in accor-dance with public policy."

The fuel dock building and parking area will also host (again) monthly swap meets where boaters and other harbor users used to and will again congregate, swap and discuss harbor issues. The site will also d o u b l e a s m e e t i n g p l a c e f o r D O-B O R a n d t h e A l a Wa i b o a t i n g c o m m u n i t y, g i v i n g a l l o f u s a n e e d e d p l a c e t o m e e t .

The general objective of the Coastal zone management program (Sec. 205A-2, H.R.S.) is to provide recreational opportunities to the public while protecting and preserving our coastal ecosystems. As mentioned above, the Fuel Dock will again provide facilities for sail, power boats and catamarans that service visitors on Waikiki beach.

The Fuel Dock Site is a 15,199 sq. ft. property of fill land sitting at the end of Mole "B". Mole "B" is the farthest makai mole in the Ala Wai Boat Harbor. The site is bor-dered on three sides by water with the Ala Wai Channel being on the Ewa side of the property. All three sides have docks, with 12 boat slips located on the makai and mauka sides, and the Ewa side once used and can be used again as mooring for boats refueling. On the Diamond Head side of the property is road access and a parking lot that is part of Mole "B" owned by the State. Public and customer parking is available on site and on the state land on Mole “B”.

Ala Wai Boat Harbor and its immediate surroundings are totally developed man-made entities. There are no remaining indigenous land flora and fauna. Landscaping is spare and consists of some planted materials. There are two coconut palm trees on the Fuel Dock Site. There are only two endangered species in the entire Ala Wai Watershed area, which are the common moorhen and the Oahu elepaio. Both of these are found in the upper forested areas of the Ala Wai Watershed area and are not in the Ala Wai Canal or Harbor area and thus there are no endangered species in the area that will be affected by this project.

The harbor and adjacent land development do not contain any pristine natural envi-ronment, and, therefore, no significant natural habitats are affected by this project. The Dept. of Health classifies the Ala Wai Boat Harbor is also classified as a Class 2 artificial basin. Class 2 waters are protected "for recreational purposes, the sup-port and propagation of aquatic life, agricultural and industrial water supplies, ship-ping and navigation." Thus the Ala Wai Harbor is not a natural wildlife habitat and is to be used for recreational purposes. The pollution of the waters in the Ala Wai Boat Harbor is well documented.

We will add no pollution to the existing problem, in fact we will decrease pollution by restoring regulated fuel and waste systems to the harbor.

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These parcels have no sites of historical or archaeological significance. All of the Fuel Dock Site is filled land, the site having been underwater until Mole "B" was cre-ated in the 1950's.

The height limit of the Fuel Dock Site is 25 feet. The existing buildings and any im-provements are permitted and well within height limit.

The Fuel Dock Site is approximately 2,700 feet below (makai of) the nearest point on the Underground Injection Control (UIC) line (See, 1994 BEI Report). The UIC line was established by the State of Hawaii Department of Health (HDOH) to protect groundwater resources. Groundwater landward (mauka) of the UIC line is consid-ered to be a drinking water source. Groundwater seaward (makai) of the UIC line is considered as non-potable and saline. Injection wells are prohibited above (mauka of) the UIC line. The location of a site relative to the UIC line also determines in part, the soil and water chemical concentration action levels for a site.

The groundwater at the site is not considered a drinking water source, as it is non-potable and saline. According to the HDOH UIC Program Map (See, Exhibit "H", 1994 BEI Report), the nearest drinking water wells are located approximately 1.5 miles to the northeast of the Site. Two irrigation wells are located on the Fort DeRussy Military Reservation about 0.4 miles to the east and southeast. The near-est injection well is located 0.3 miles to the north, at the southeast corner of the Ala Moana Shopping Center along Ala Moana Boulevard.

A construction fence will be erected around the site. that will intrude minimally onto the neighboring boat slip sidewalks during any minimum renovation period.

Measures to control equipment and dust emissions are required according to the Department of Health's Public Health Regulations on Air Pollution Control (State of Hawaii). Equipment emissions can be minimized by proper maintenance of all vehi-cles and equipment. Dust emissions can be minimized by strict adherence to State air pollution control standards.

Kumulipo will be required to obtain a noise permit if noise levels are expected to ex-ceed allowable levels as specified in the State Department of Health's Public Health Regulations, Title 11, Chapter 43. The contractor is responsible for properly main-taining construction equipment to minimize noise levels. All internal combustion en-gines will be required to have mufflers or other noise suppression devices in proper working order. Heavy vehicles required for construction must comply with the State Department of Health's regulations for vehicular noise control.

Harbor residents and other users have for many years begged the state to re-store the Fuel Dock, its facilities and services. Boat owner DLNR tenants on several of the docks at Ala Wai have been prohibited from transporting any fuels to their boats on the adjacent docks because of static electricity generated by different metal components in poor dock design and bad construction. Boat

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owners have ignored, at their peril, the warnings and continue to transport knowingly dangerous fuel to their boats because there is no other alternative af-ter DLNR closed the Fuel Dock in 2003. The Fuel Dock restoration is needed in the harbor as a matter of safety.

There are no other viable uses for the Fuel Dock then those stated herein.

COMMUNITY BASED MANAGEMENT PLAN

Ala Wai Gross income 2011 to 2017: $31,409,004.29

Ala Wai Net income 2011 to 2017: $19,279,598.36 see attached spread sheet

COMMUNITY BASED PROPERTY MANAGEMENT BOARD OF DIRECTORS

ALAWAI includes areas used by Hawaii Yacht Club, Royal Hawaiian Ocean Racing Club and the general public. The harbor can accommodate vessels up to 85 feet in length, includes 699 berths with dock, 1 ramp, 22 dry storage spaces, vessel wash down and 60 “tahiti” tie docks on the 800 pier. The 1,500 sq.ft. harbor office site in-cludes restrooms and showers, men’s and women’s restroom and vehicle staff parking stalls. Hawaii Yacht Club leases premises at the end Mole 2.

Public access and public parking is available for boating, sailing, surfing, beach going, canoe paddling and all types of recreation envisioned by local people who built this har-bor facility for their kids and grand children. Parking includes

Mole 1: 134 permit parking stalls and 94 paid parking stallsMole 2: 71 permit parking stalls and 100 free recreational parking stalls

There are 149 live aboard slips in the harbor that support a neighborhood watch pro-gram. DLNR’s “defective” RFP for repair service at 800 pier resulted in all of the slips on the 800 pier to remain vacant for over 3 years, providing no income to the harbor while contractors and state litigate.

Community Based Non Profit Board like a Condo Association. A 5 Member Board "Association" made up from elected boat owners in good standing in the Ala Wai Har-bor, including one Board Member from the Hawaii Yacht club. The Association will hire a professional property management company to assist the board and manage the Ala Wai Harbor asset. All income and expenses from boat owners and Hawaii Yacht Club shall be paid to and spent by the Association. An Initial capital reserve account shall be funded by State releasing $19 million over 7 years back to the Association. Only per-sons in good standing and Yacht club members can vote for the board. Hawaii Yacht Club members shall vote for the HYC club Board member only.

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Included in the Association income, expenses, management and control are the fol-lowing: All residential and commercial piers beginning at the edge of the public side-walks, dock boxes, electric boxes, boat ramps, private bathrooms, all parking stalls currently marked in yellow as parking for boat owner use only, water systems that provide water to the Association only, and the land areas marked in "yellow". See Exhibit “L”

Excluded from the Association income, expenses, management and control: All publicly accessed areas, all asphalt roadways and areas not marked in "yellow", all concrete or public sidewalks, water to any public areas including but not limited to the "surfer beach areas", public lighting and electrical systems, and public restrooms.

Vendor, maintenance and other 3rd party contract costs will be reduced through compe-tent, bonded Association management and through streamlined bidding, accounting and inspections prior to final payment.

Board will Hire a local property management company contracted to manage the harbor like any other asset assisting the Community Association Board of Directors. The $20million ALAWAI has contributed to the general fund must then be placed in a capital reserve Letter of Credit to provide funds for harbor repairs that will increase annual in-come by over $1million per year. All future incomes and expenses must be kept in the Harbor capital reserve and operating accounts.

This plan would satisfy DOBOR's desire to get out of the harbor management business and get ALAWAI off their management books. Fuel dock and former boat yard will be leased to Kumulipo, Haul Out subleased to a developer. Hawaii Yacht Club must be al-lotted reserved stalls for members and guests only.

COMMUNITY SUPPORT FOR KUMULIPO’S PLAN

Kumulipo’s plan at the Ala Wai Harbor Haul Out, Fuel Dock and Community Based Board of Directors has the overwhelming support of the Ala Wai harbor boat own-ers, residents, surfers, sailors, canoe paddlers and other beach goers who actually use the harbor on a regular basis.

Kumulipo’s development proposal is conscious of its neighbors and surrounding en-vironment, from using "green" principals to providing former and additional services to the Ala Wai boating community. While the proposal does not provide new revenue for DOBOR programs, the renovation will increase the value of the harbor and thus will make recent harbor fee increases more acceptable to harbor users and tenants. Kumulipo's development plan is consistent with what the City and County of Hono-

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lulu and the State of Hawaii sees as appropriate development in an urban water-front.

Kumulipo’s proposal is timely filed. See Exhibit “M”

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