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WAIALAE-KAHALA NEIGHBORHOOD BOARD NO. 3

MINUTES OF REGULAR MEETING

NOVEMBER 16, 2007

WESLEY UNITED METHODIST CHURCH

CALL TO ORDER:  The meeting was called to order by Chair Roberson at 7:00 p.m.  A quorum was present.

MEMBERS PRESENT:  Scotty Anderson, Lester Fukuda, Kelley Roberson, Julia Kane, Lucinda Plyes, Richard Turbin, Sylvia Himeda, Stan Fichtman.

MEMBERS ABSENT:  Gerri Digmon.

SEATS VACANT:  None.

GUESTS:  Capt. R. Green, Lt. C. Tong, Sgt. S. Medeiros, Officer J. Hendricks (HPD), Debra Balfour, Nalani Dahl (CPE), Derek Mukai (CPE), Puna Kaneakua (CPE), Capt. M. Tosaki (HFD), John Balfour, Jeff Moncrief (HDR), Spencer Robinson, Cullen Oesterly, Senator Sam Slom, Representative Barbara Marumoto, Larry Bartley (Save Oahu Neighborhoods), Joannie and Walter Davis, Councilmember Charles Djou, Bill Kaneko, Laverne Higa (Mayor’s Office), Dean Chu (Neighborhood Commission Office staff).

INTRODUCTION OF BOARD MEMBERS:  The Board members and guests introduced themselves at this time.

HONOLULU FIRE AND POLICE DEPARTMENTS:

HONOLULU FIRE DEPARTMENT – Capt. Tosaki reported the following:

1.       Last month the station responded to 3 structure, no brush, 1 rubbish, and 1 vehicle fire; 89 medical emergencies, 4 search and rescue, and 12 miscellaneous calls.  There were no major or unusual calls.

2.       Fire Safety Tip:  This holiday season, consider a fire-resistant, artificial Christmas tree.  If you purchase a natural tree, choose one as fresh as possible, keep it hydrated, and keep it away from heat sources in the house.  Use noncombustible materials for decorations.  Choose only Underwriter’s laboratory-approved electrical decorations and follow manufacturer’s instructions for installation and load.  Do not overload extension cords.

Questions, answers and comments followed:

1.       There have not been an unusual number of fires on Wilhelmina Rise; it’s just that we remember major fires such as the one that occurred there in September.

2.       The number of fires this year compared to last year is about the same.

3.       Follow up will be done on comparing local fire statistics with those of other cities of comparable size.

Capt. Tosaki was thanked for attending the meeting.

HONOLULU POLICE DEPARTMENT – Capt. Green reported the following:

1.       The written report includes statistics which are also available on the department’s web site: honolulupd.org/patrol/d7/stats/diamondhead.htm, which is updated at least weekly.

2.       Recent problems with fights between students from two high schools at Wilson Park have been addressed; no new calls have been received.  The increased vigilance has also resulted in the arrest of a suspect for theft from vehicles, and he was found in possession of a gun.

Questions, answers and comments followed:

1. A resident reported drivers using Malia Street to by-pass traffic jams on Kalanianaole Highway are driving the wrong way on Malia Street when it too becomes backlogged.  He called the police, but there was no response by officers.  When calling 911 again the dispatcher reported an officer checked the area, found no problem, and left.  Another request for police had to be made, officer(s) arrived and then numerous citations were issued.  Follow up will be done, and Capt. Green noted that there may have been an incident on Kalanianaole Highway that caused the traffic back-up resulting in officers responding to it, making them unavailable to respond to the backlog.  Follow up will be done.

2. A resident noted a lack of police response to complaints about mopeds racing on Malia Street.  Follow up will be done.

3. Speeding is a problem in the 20 mile per hour school zone on Kilauea Avenue, and use of the speed trailer requested.   Capt. Green noted when the speed trailer was placed on Hunakai Street, it was tagged by vandals.  Follow up will be done.

Capt. Green, Lt.Tong, Sgt. Medeiros, and Officer J. Hendricks were thanked for attending the meeting.

MAYOR’S OFFICE – Laverne Higa, representing the Mayor’s Offce, reported the following:

1. Regarding a request for tree trimming at 1380 Ainakoa Drive, the Department of Parks and Recreation checked the site, found no problem that needed immediate attention, and trimming work is scheduled for February 2008.

2. Regarding a request to repair the irrigation system for the Hunakai Street median, the Department of Facility Maintenance is doing the repairs on medians island wide.

3. Regarding a question about stream cleaning and plant trimmings left on the bank, the trimmings are left on the bank to dry out before removal.

4. Regarding grading activity at 4119 Blackpoint Road, the Department of Planning and Permitting checked the site and found work to be done in compliance with permits.

There were no questions from the Board or guests.

BOARD OF WATER SUPPLY – Lorna Heller, from the Board of Water Supply, reported they are offering wreath-making classes at the Halawa Xeriscape Garden, November 24 and December 1.  The classes will teach you to use unthirsty plants to create holiday wreaths.

Questions, answers and comments followed:

A truck with new holiday decorations will be in the Honolulu City Lights, and the Kapolei Christmas parades and then be on display at the Beretania Street station.

Chair Roberson deferred the agenda to take Residents’ Concerns at this time.  There were no objections.

RESIDENTS’ CONCERNS:

DORIS DUKE ESTATE, VIOLATIONS OF CONDITIONAL USE PERMIT – Debra Balfour reported on possible violations of the Conditional Use Permit that allow the Honolulu Academy of Arts and the Doris Duke Foundation to bring visitors to the estate is being violated.  Noise problems such as passenger vans idling for extended periods in the driveway, failure to maintain the landscaping such as that which hid the driveway, use of 24-passenger vans instead of required 12-passenger vans, and 24-hour a day activity instead of being limited to 9:00 a.m. – 5:00 p.m., etc.  This activity is making the estate too commercialized.  It was noted that the Honolulu Academy of Arts has denied any jurisdiction over the activities, and that the foundation is responsible.

Turbin provided background information on the past agreements to allow use of the estate as a museum, which initially was not a problem, but that changes have occurred creating problems for neighbors.  It was suggested that this matter be placed on the agenda for the January meeting.

A neighbor noted a proposal has been made to construct a wall to contain any noise, but there is opposition from neighbors that such a wall would be very substantial and a blight upon the area.

Board members requested, and Fukuda will provide them with copies of the original Conditional Use Permit.

SAVE OAHU NEIGHBORHOODS – Larry Bartley, from Save Oahu Neighborhoods, reported on the organization’s opposition to City Council Resolution 05-187, which would allow unlimited bed and breakfast operations.  The resolution was received by the Department of Planning and Permitting in 2005; and only recently forwarded to the Planning Commission, which will be holding a hearing on November 28.  Interested persons are encouraged to attend the hearing.

ELECTED OFFICIALS:

COUNCILMEMBER CHARLES DJOU – Councilmember Djou reported the following:

1. His office has received no new complaints about the fights at Wilson Park, police have addressed the problem.

2. The Mayor has formed at task force to review the technologies that could be used for the mass transit system, and that the City Council is to select the technology next year.

3. Concerns have been raised about the Mayor’s selection for the new director of the Department of Transportation Services being a former employee of the consultant that did the alternatives analysis on the mass transit system.

4. The City Council is to receive a solid waste report from the City Administration either today or tomorrow.   He supports island wide curbside recycling and questions the Administration doing yet more pilot projects in Mililani and Hawaii Kai.

Questions, answers and comments followed:

1. Concern was expressed about having to find space to store the three containers for regular trash, green waste, and recycled materials needed for the curbside recycling and regular trash collection.   It was noted that not recycling is a worse alternative, recycling is a “must have.”

2. Concern was expressed about whether or not permits exist for work at a Genshiro Kawamoto property at 4815 or 4825 Kahala Avenue, where demolition debris from other Kawamoto properties is being dumped and temple and garden are being developed.  It was noted other Kawamoto properties are being trashed and concerns that this is being done to bring down property values.  It was suggested that the Japanese Consulate be contacted to work with Kawamoto to encourage him comply with the law.  Turbin moved and Pyles seconded that the Board request the Department of Planning and Permitting to investigate these properties.  Discussion followed.  The motion carried, 5-1-2. Yea:  Fukuda, Roberson, Pyles, Pyles, Himeda.  Nay:  Kane.  Abstain:  Anderson, Fichtman.  Djou will follow up with the Department of Planning and Permitting.  It was acknowledged that Kawamoto has a history of ignoring laws and paying fines is just a cost of doing business.  It was suggested that the Kahala Community Association take civil action against Kawamoto, but Turbin noted that doing so would be very expensive.

3. The Mayor has named Wayne Y. Yoshioka as the new director of the Department of Transportation Services, he is the first transportation engineer named by the current Administration, and there are concerns about his independence due to his being employed by a consultant to the City.

Councilmember Djou was thanked for attending the meeting.

REPRESENTATIVE BARBARA MARUMOTO – Representative Marumoto distributed her monthly report and highlighted/added the following:

1. She had the State Department of Health check Kawamoto properties where swimming pools have been filed in with yard trimmings and possibly creating a health hazard with mosquitoes, etc.; and it was determined that the pools have been covered with concrete.

2. The special session of the legislature was completed and a bill passed to allow the Superferry to operate while environmental studies are done.

3. There will be a community work party to plant naupaka along Diamond Head Crater, replacing plants that died after the irrigation system was damaged.  Participants should meet this Saturday at Triangle Park, 7:00 a.m.  The irrigation system is being repaired.

4. Kalani High School, which does not have a baseball field, uses City facilities for practice and games.  The Department of Parks and Recreation is no longer allowing Kalani to use the facilities, citing liability concerns, the OIA is working to address the insurance issue.

Representative Marumoto was thanked for attending the meeting.

REPRESENTATIVE LYLA BERG – Representative Berg was unable to attend the meeting.  Her written report was distributed by Representative Marumoto.

SENATOR SAM SLOM – Senator Slom distributed his monthly report and highlighted/added the following:

1. Work will be done in the upcoming regular session on restoring the Environmental Impact Statement law, as amended by the Supreme Court, so that all public and private projects that deal with the State or counties do not have to undergo an Environmental Assessment or possibly and Environmental Impact Statement.

2. There will be another special session for the Senate to act on the Governor’s nomination of Katherine Leonard to the Intermediate Court of Appeals.  The Senate did not confirm the Governor’s previous nomination during the just-completed special session.

3. The E-911 system that allows emergency dispatchers to identify the location of cell phone callers has been implemented.  The monthly cell phone tax to fund the system is still in place, with $20 million in the fund.  A proposal has been made to reduce the tax and use the fund for other purposes.  He favors elimination of the tax.

4. During the just completed special session a bill was passed relating to enhanced sentencing.  If the bill had not been passed, about 100 felons might have had their sentences reduced.

5. The Governor has released funding for a Diamond Head Crater rock fall mitigation project.

Questions, answers and comments followed:

There will be a meeting with officials, including representatives from the State Department of Land and Natural Resources, the Coastal Zone Management, Department of Planning and Permitting, etc., November 27, Waialae Beach Park, regarding beachfront residences’ encroachments into the shoreline.

Representative Marumoto was thanked for attending the meeting.

Chair Roberson deferred the agenda to take New Business at this time.  There were no objections.

NEW BUSINESS:

KAHALA FORCE MAIN ASSESSMENT UPDATE – Nalani Dahl and Jeff Moncrief, from HDR, a consultant to the City, reported the assessment is part of the Environmental Protection Agency’s requirement for the City to evaluate the sewer system.  This project involves the sewer line that carries pumped sewage from the pump station at Waialae Beach Park, along Kahala Avenue, Kealaolu Avenue, Waialae Avenue, Keanu Street and Kiioni Loop where the line then enters a gravity line that eventually goes to the Sand Island Treatment Plant.  The 6,100 foot long, 24-inch diameter line has been in use since 1986, with sections made of ductile iron and concrete.  There have been no breaks of this line.  The work includes identifying conditions that could cause failure, document conditions, and recommend a course of action.  The assessment includes ground level inspection, interior inspections, and exterior inspections done by excavating five pits, one on Kahala Avenue, three along Kealaolu Street, and one on Keanu.  An inspection of the discharge site to the gravity line on Kiionioni Street will also be made.  There will be lane closures, 8:30 a.m. – 3:30 p.m., at the excavation sites, for two days at each site.  The ground level inspection has been done and soil tests for corrosive conditions are in progress.  Excavation work for the exterior inspections will be done in January and last about one month.

Questions, answers and comments followed:

1. The Waialae Beach Park pump site is on the makai side of the park.

2. This project does not involve any rehabilitation work.

3. There may be some sewage odor at manholes when interior inspections are done.

4. The ductile iron pipe was installed with exterior protective coverings; it is not certain if any interior protection was used.  No protective exterior coatings were used on the concrete pipe.

Dahl and Montcreif were thanked for attending the meeting.

DISCUSSION ON THE BILLS BEFORE THE CITY COUNCIL REGARDING ILLEGAL VACATION RENTALS AND BED & BREAKFAST UNITS – Pyles moved that the Board oppose City Council Resolution 05-187.  The motion failed due to lack of a second.  Discussion followed on past Board action in 2005 opposing this resolution.  Bartley provided additional background on the resolution and noted that the City has been enforcing violations and a number of illegal units have been converted to regular rental units.   Plyes moved and Fichtman seconded that the Board reaffirm its 2005 letter opposing transient vacation units and bed & breakfast units.   Discussion followed.  Anderson declared a conflict of interest.  It was noted that civil action was taken against owners of illegal units on Kahala Avenue.  The motion carried, 5-0-3.  Yea:  Fukuda, Roberson, Kane, Pyles, Himeda.   Abstain:  Turbin, Anderson, Fichtman.

KAHALA LOA DEVELOPMENT – Spencer Robinson and Cullen Oesterly reported on alternate plans for development of residential units on a 4.25 acre parcel mauka of Wesley United Methodist Church.  Their project would require a zoning variance to increase the density.  The project previously presented to the Board is to develop 16 single-family homes on this parcel; Robinson’s and Osterly’s alternate project is to develop seven, five- unit townhouses. The project would also include development of a pedestrian walkway to Keanu Street, and rock fall mitigation for the hillside.  The project has been presented to, and is opposed by the Department of Planning and Permitting.

Questions, answers and comments followed:

1. The units would be two and three bedrooms, ranging from 1400 to 2400 sq. ft., with attached garages.

2. A Board member expressed preference for the 16 single-family units project over the new proposal which would involve 35 units and likely 70+ cars.

3. The 16-home project required a cluster development permit.

4. The estimated cost of the new proposal’s units is under $1 million each.

5. The new project includes two-car garages for each unit, and a total of 10 visitor parking spaces.

6. Concern was expressed about rock falls.

7. Concern was expressed about traffic impacts from the new proposal as traffic is already bad on Hunakai Street.

8. The developer of the 16 home project may still pursue the project, but is willing to sell the property for the new proposal.

9. The new proposal has two access points.

10. The new proposal has not been presented to residents of the gated community on Keanu Street.

Robinson and Oesterly were thanked for their presentation.

Chair Roberson requested the meeting be extended 10 minutes.  There were no objections.

HAWAII 2050 – Bill Kaneko, Office of the State Auditor, gave a brief report on the Hawaii 2050 report, which succeeds the Hawaii State Plan from the 1970s, a long range planning process which resulted in policy shifts for State government of the next 30 years.  The Hawaii 2050 plan, a long range plan which will be a guide for the next 40 years, is a citizen-based planning process, and will be presented to the State legislature in December.  It includes five goals: 1) A Way of Life-“…seeks to ensure that we as individuals practice sustainability on a daily basis…”, 2) The Economy – “…A healthy economy provides the revenue base for government services and programs such as natural resource protection, public education, elderly care and infrastructure development…” . 3) Environment – “…Our natural resources are responsibly and respectfully used, replenished and preserved for future generations…”including being less dependent on fossil fuels, increasing recycling, 4) Community and Social Well-Being – “…our economy is strong, health, vibrant and nurturing, providing safety net for those in need…”, and 5) Kanaka Maoli and Island Values – “…ensuring that our Kanaka Maoil and island values and cultures are preserved and perpetuated…”    Each goal has a set of strategic actions, indicators to determine if the goal has been met, and a plan of implementation and accountability.  The State legislature authorized the Office of State Auditor to develop this plan.

Kaneko was thanked for attending the meeting and he will keep the Board updated.

Chair Roberson deferred the remainder of the agenda.  There were no objections.

 ANNOUNCEMENTS:  The Board will recess in December.  The next meeting is scheduled of January 17, 2008.

ADJOURNMENT:  The meeting was adjourned at 9:25 p.m.

Submitted by,

Dean Chu

Neighborhood Assistant