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WAIALAE-KAHALA NEIGHBORHOOD BOARD NO. 3

REGULAR MEETING MINUTES

THURSDAY, MAY 15, 2008

WESLEY UNITED METHODIST CHURCH

CALL TO ORDER:  Chair Kelley Roberson called the meeting to order at 7:00 p.m.; a quorum was present with eight (8) members. Note: This nine (9) member Board requires five (5) votes to adopt a motion. Everyone were welcomed and in light of tonight’s presentation asked to keep reports and questions to a minimum. 

Members Present – Scotty Anderson, Gerri Digmon (arrived 7:10 p.m.), Stan Fichtman, Lester Fukuda, Sylvia Himeda, Julia Kane, Lucinda Pyles, Kelley Roberson, and Richard Turbin.

Guests – Representative Barbara Marumoto; Deborah Pope (Executive Director) and Robert Saarnio (Associate Director of Shangri-La), John Pyles, Bill Brennan (Mayor’s Representative); Lt. A Lindsay, Sgt. A. Rivers, Ofc. C. Hanuna, Ofc. J. Hendricks (Honolulu Police Department); Capt. Mike Tosaki (Honolulu Fire Department), Scott Ezer (Helber Hastert and Fee), Brad Santiago, Marco Chiu, Sam Lemmo and Dolan Eversole (Department of Land and Natural Resources), Senator Sam Slom, Masato Tochika, Beth Chang, Lori Arizumi (East Oahu Sun), Joyce Doheny, Councilmember Charles Djou, Debra Balfour, Stan Johnson, Marie Richardson (Neighborhood Commission Office staff).   

INTRODUCTIONS OF BOARD MEMBERS AND GUESTS FOLLOWED.  

HONOLULU FIRE AND POLICE DEPARTMENTS:

Honolulu Fire Department (HFD) – Capt. Mike Tosaki (Kaimuki Station) reported: 1) The monthly statistics – 1 structure and 3 rubbish fires; 81 medical, 2 search/rescue and 17 miscellaneous service calls. 2) Fire Safety Tip – The risk of wildland fires increases as summer approaches. Make a 30-foot wide fire break by clearing vegetation and clutter around all structures. Some wildland fires could force the evacuation of neighborhoods. Have an emergency preparedness plan ready in case of such an event. Consider the route you would take and other preparations you could have in place if you need to evacuate your home due to an emergency. If your property borders an area where a wildland fire could occur, consider the need for fire department access in case the fire approaches your home.  

Questions and answers:

1.       The inquiry regarding a fire on Ainakoa, Tosaki was not on watch that day but will follow-up on the cause and report back next month.  

2.       The natural conservation area a few blocks mauka of Waialae Avenue just beyond where 16th Avenue becomes Koko Head Drive then Paula Drive; the brush is dry, overgrown, not maintained and is a fire concern; Tosaki will follow-up.

Honolulu Police Department (HFD) – Sgt. Allan Rivers: 1) Monthly statistic report was distributed, and includes Home Security Safety Tips and a flyer with contact information for District 7-East Honolulu. 2) District 7 – East Honolulu website is www.honolulupd.org/patrol/d7;   

Report of illegal dumping continues fronting the corner of Kahala Avenue and Pueo Street. The area has manual pickup and the Refuse Department will not pick up the trash. Rivers added that it’s a common problem seen in the Palolo and St. Louis areas. The community, should be the eyes and ears and call 911 when you see any illegal dumping occur; with a description and license number of the vehicle dumping the trash. Turbin added that it costs thousands of dollars this year alone to get someone to haul the trash away and would like some enforcement action.

Digmon arrived at 7:10 p.m; nine (9) members present.

REPORT FROM CITY AGENCIES:

Mayor’s Representative – Bill Brennan: 1) Pickup of blue recycling bins - The areas serviced by “manual” refuse collection will continue to be serviced by a three-person manual crew. Curbside recycling will be provided only for areas currently serviced by automated refuse collection trucks. 2) Request for a double solid line on Malia Street – Department of Transportation Services (DTS) investigated and determined that painting yellow solid centerline in place of the existing dashed yellow line would not prohibit motorists from making u-turns along Malia Street  (u-turns are generally permitted on most residential streets). 3) Petition to eliminate street parking close to street corners and impeding clear vision on Hunakai/Malia Street – DTS requires a petition to remove parking, if strong majorities of roughly 90 percent of the directly affected residents. Survey should be submitted to DTS through the neighborhood board with their approval and support. 4) Doris Duke Foundation, Conditional Use Permit – Neighborhood Board members have contacted the Department of Planning and Permitting (DPP) and a meeting has been scheduled to review the situation (members of the Duke Foundation, Shangri-La, were also present tonight). 5) Financial impacts regarding revenue received or not received by legal or illegal B&B/TVU operations – There is no impact regarding the real property tax revenues from legal and illegal B&B and TVU operations. DPP assesses a property based on ROH 8, and its use must be a legally permitted use. 6) Possible creation of a division for urban streams to complement the Division of Urban Forestry – Is not under consideration at this time.   

The Traffic Committee will investigate the Malia Street traffic alternatives including the installation for “no u-turn” signage. 

Board of Water Supply (BWS) – Heller’s report was submitted in her absence: 1) One main break April 1 at 1618 Halekoa Place. 2) Water Announcements: a) Power Cost Adjustment – BWS continues to work hard to control costs while ensuring customers access to safe and reliable water supplies. However, dramatic increases in fuel prices are making it necessary to implement a modest adjustment to your water bill. Beginning July 1, you will see a new 2008 “Power Cost Adjustment” line.  

Councilmember Charles Djou – Deferred until his arrival.

BOARD HOUSEKEEPING:

Approval of the April 17, 2008 Regular Meeting Minutes – Hearing no other corrections at this time, the minutes were approved with the following correction:  Page 2, second bullet under the Mayor’s report, delete Kiana Street, should be reflected as Keanu Street. Pyles was unable to review the minutes at this time and may offer corrections for later.

Treasurer’s Report (April 2008) – Treasurer’s report was not available; deferred until the next meeting.

The Board recessed at 7:27 p.m. (for refreshments) and reconvened at 7:37 with nine members present.

RESIDENTS’ CONCERNS: Johnson asked to address the vegetation on the beach situation following tonight’s presentation by the Department of Land and Natural Resources (DLNR).    

REPORTS FROM ELECTED OFFICIALS:

Governor’s Representative – Mark Andersen distributed the Governor’s Update, announced the legislative session is over, and that the Governor has until July 8 to sign or veto any bills; and in light of tonight’s presentation, Anderson deferred his time to the presentation by DLNR. Fukuda asked that Governor Lingle please sign HB 2730 relating to the Sunshine Law for Neighborhood Boards. 

Representative Barbara Marumoto highlighted: 1) HCR 258 requesting interagency cooperation on Kahala Beach; and that the Department of Business, Economic Development and Tourism (DBEDT) take the lead to work out a solution. 2) Support Kalani High School’s Kid Ink Cartridge Recovery Program next Saturday from 10 a.m. to 3 p.m. Call 847-5300 for free pickup of used ink jet, laser, fax and copier cartridges and cell phones.

Representative supported HB2730, CD 1, saying it is a good bill and noting that the Governor will sign the bill. 

Representative Lyla Berg – Report was available. It was noted that Berg voted and spoke against HB2730.  

Senator Sam Slom highlighted: 1) HB 2730, procedures and requirements for neighborhood board meetings; all 25 Senators strongly voted yes. 3) Senate Hydrogen Fund procurement process investigation continues involving the State Department of Economics and Tourism. 4) Voters will have the opportunity this year to decide on  Constitutional Convention; a ballot question required by law to be on the ballot every 10 years. 5) SB 2423 CD1 regarding the purchase of Turtle Bay passed out of the Senate 14 to 11; Senator voted no, the state does not have the funds for this purchase.  

The agenda was taken back to order to agenda item 4.3 Councilmember Djou’s report.

Councilmember Charles Djou: 1) Introduced legislation - HPD consider using the parking boot system to help enforce unpaid parking fines. 2) Voted to support term limits of neighborhood boards (assure turnovers amongst neighborhood boards); two votes in favor and five against. 3) Introduced legislation to grant City Ethics Commission the same powers as the state and federal ethics agencies. Currently, the City Ethics Commission can only implement fines for an ethics code violation against the eleven elected officials in city government.

NEW BUSINESS:

Proposal to Rename Ft. Ruger (Triangle) Park in Honor of Medal of Honor Recipients – Councilmember Djou proposed renaming Ft. Ruger (Triangle) Park in honor of Medal of Honor recipients who are from Hawaii. Initial proposal was to rename the park after Lt. Michel Murphy, a Navy Seal from Hawaii, who was killed over a year ago in Afghanistan and was awarded the Medal of Honor. The family suggested renaming the park after the whole team of Navy Seals and Army Rangers that lost their lives all in a day. Triangle Park is the closest park to Ft. Ruger, Headquarters of the Hawaii Army National Guard and it is mostly known as Triangle Park and not by its official name. Councilmember is open to comments from the Board and community.

The discussion focused on how will Ft. Ruger personnel feel about the name change. Djou will call General Lee and the Veterans Organization. Djou would like this proposal by Veteran’s Day (November 11). The general consensus was positive. A comment felt this might set precedence, if there would be any native Hawaiian issues and wondered about recognition of veterans of the 442nd and the Pearl Harbor survivors. A suggestion was to research the matter deeper. Djou agreed a point well taken. The matter was deferred to a subsequent meeting.

Shangri-La (Doris Duke Foundation) – Chair Roberson introduced Debra Pope with the Doris Duke Foundation (Shangri-La). Turbin moved to hear a short presentation at the appropriate time by the Doris Duke Foundation (known as Shangri-La); Kane seconded the motion.  Discussion followed: Pyles wanted assurance that the presentation be given ONLY if time permits, at the end of the SPECIAL PRESENTATION from the Department of Land and Natural Resources (DLNR). The motion was adopted, 9-0-0. Aye: Anderson, Digmon, Fichtman, Fukuda, Himeda, Kane, Pyles, Roberson, and Turbin.

Back to order with agenda item – 8.1, Special Presentation: Protecting and Preserving Kahala’s Shoreline.  

SPECIAL PRESENTATION: Protecting and Preserving Kahala’s Shoreline – Sam Lemmo, Director and Dolan Eversole with the State Department of Land and Natural Resources (DLNR), Office of Conservation and Coastal Lands (OCCL), gave a power point presentation of vegetation encroachment issues.

OCCL’s mission is to protect, preserve and conserve Conservation District lands and beaches for the benefit of present and future generations as laid out in HRS 115-4 (coastal access) and HRS 205A (recreation and beach protection). Shoreline jurisdictions are laid out: State conservation district (seaward) and County shoreline setback (landward) of the shoreline. Coastal erosions of large waves also tend to occur seasonally (illustrated in handout) which may cause a beach to temporarily change its profile. Some of the solutions to the problem includes: education and the effects of landscaping; voluntary compliance by landowners to remove vegetation; state and county enforcement of existing rules and regulations; and regular community cleanup efforts and monitoring of shorelines.

OCCL received the encroachment complaints, did on-site investigations and determined that there was an issue. Letters were sent to 12 owners of properties asking them to remove vegetation seaward of the shoreline. OCCL is suggesting: a) seaward of the dune crest, using dune grasses and vines (such as akiaki grass and morning glory); topping and behind the crest, using low shrubs, bushes, and grasses (such as akiaki grass, seashore paspalum, naupaka, spider lily, sea grape, etc.); and more inland, using larger trees and shrubs (such as coconut, kamani, milo); b) building structures as far away from the beach; c) keep aggressive vegetation off the beach; and d) work to improve the beach and don’t take it for granted.   

Comments from Stan Johnson, property owner and resident of 62 years – recipient of the letter from DLNR showed a number of photographs (including aerial shots), a tide chart calendar and indicated there’s concerns from residents. The problem is the hau trees along the coast causing the erosion that should be removed; seawalls are another cause of the erosion and not the naupaka. Johnson indicated that the naupaka protects the land from eroding. Pictures taken in 1949, people were able to walk to Black Point; but no longer. In 1954, there was a drainage pipe from Hunakai to the reef which people used to access the reef by walking on the pipe. The Army Corp of Engineers was to have put that pipe below sea level which never happened; and another reason for the beach erosion at the south end of Kahala Beach.      

Discussion followed: Eversole agreed that the hau bush is a problem and that the naupaka also provides protection but not when it is encroaching seaward of the certified shoreline. Lemmo indicated that letters were sent to 12 properties requesting the removal of the vegetation. Having been contacted by only one property owner so far, Lemmo has yet to determine a course of action but would be willing to speak to property owners on a one to one basis.   

Shangri-La (Doris Duke Foundation) – Scott Ezer, Principal, Helber Hastert and Fee, introduced representatives, Debra Pope, Executive Director and Robert Saarnio, Associate Director from Shangri-La. Ezer has been working with Shangri-La for over a year on long range plans. As explained to him, there were 21 pieces of correspondence between Shangri-La and DPP over the last year.  

Debra Pope, Executive Director, met with DPP to resolve a number of concerns. Since being granted the Conditional Use Permit (CUP) in December 2000, Shangri-La’s system of operation, number of visitors and the uses of operation have not changed, and are consistently operating well below the maximum allowable capacity of 96 visitors per day, four days a week (as required by the CUP); and typically, no more than 75 visitors per day and observing quiet hours. DPP recently made two minor modifications to the CUP: 1) Allow Saturday programs onsite for residents who work or are in school as long as the maximum number of programs of four days a week is not exceeded; and 2) allow use of one 25-passernger van, instead of two 12-passenger vans which would reduce vehicular traffic and emissions by half.

Since receiving the letter a year ago, Shangri-La has cooperated fully and taken numerous actions in an attempt to resolve the concerns. Pope reported that Shangri-La commissioned and revised the landscaping plans of the area that shared property boundary with the Balfour’s; commissioned a study of accountability of the wall to buffer the sound and emissions; installed light shields on all preexisting exterior lights along the driveway; replaced old leaf blowers with lowest decibel level gas operating blowers; cut down the use of the leaf blowers to no more than twice a week; security guards provide 24/7 security parked outside of the gate during quiet hours; the commercial vehicles (one truck and 1 van) are equipped with a manual switch to turn off their beepers, they are not able to control beeping by other commercial vehicles that come onsite to make deliveries. However, an over sized mail box has been provided off the grounds to reduce traffic.

Pope Shangri-La has not is working actively to address these concerns/complaints. They operate on a limited budget and hope the meeting with DPP on Monday will provided further insight.     

Questions, comments and concerns followed:

1.       25-passenger van makes three roundtrips (starting at 9:15 a.m.) four days a week (Wed., Thurs., Fri., Sat.) from the Academy of Arts to the location site (Shangri-La); it is rare that a fourth trip would kick in.

2.       Regarding an incident with the removal of vegetation on the fence between Shangri-La and the Balfour’s, Ezer related it to a BWS pipe repair that had to be replaced. Following BWS completion Shangri-La bought nine areca palms to fill in the vegetation that BWS removed (June 2007). Lack of light, due to large trees, makes it difficult to grow plants along the fence between the Balfour home and Shangri-La’s driveway. Tree trimmed to allow more light. Trimmers pulled vines off fence pf the Balfour’s side. A comment was that the BWS repair was several years ago, not recent.   

3.       Pyles noted Balfour’s home is very close to the Duke access road/driveway at the east end of the Duke property and therefore especially impacted by the activity on the driveway.  

4.       Since the original CUP was granted, how is it that a decision was made to modify the CUP.

5.       The community and neighborhood board would be interested in looking at the long range plans for Shangri-La. DPP will be meeting on Monday, May 19 at 10 a.m.

6.       It is very important that the conditions agreed upon for a Conditional Use Permit (CUP), especially as the result of a community process, as was the case with Shangri-La, be honored, both by the City and by Shangri-La. The Balfour’s right to quiet enjoyment of their property is the same right all property owners hope will be defended. Shangri-La was commended for trying to be sensitive to the neighboring residents.

CORRESPONDENCE AND ANNOUNCEMENTS:

·         Correspondence - Cultural Surveys Hawaii Inc. is conducting a Cultural Impact Evaluation for the proposed Waialae Country Club (WCC) Master Plan Project for the purpose of expanding and updating the existing clubhouse and outdoor recreational facilities on the makai property which encompasses 4.3 acres.

·         Email regarding Sunshine law fix for Neighborhood Boards (HB2730). The Governor is inviting public comments on this legislation.  

ADJOURNMENT: The meeting adjourned at 9:27 p.m.

Submitted by

Marie Richardson

Neighborhood Assistant