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Kaimuki Neighborhood Board - Minutes Of January 16, 2008 Posted 
Regular Meeting
Minutes
Wednesday, January 16, 2008 Lili'uokalani Elementary School Cafeteria CALL TO ORDER: The meeting was called to order by Chair Hernandez with a quorum of seven members at 7:05 p.m. MEMBERS PRESENT: Daniel Carvalho, Jim Cone, Eduardo Hernandez, Abigail Leong, Dori Rybacki-Smith, Sharon Schneider, Vernon Tam. MEMBERS ABSENT: Randolph Hack. VACANT SEATS: There are three (3) seats available in Sub District 1 in the areas of East Kaimuki and the Business District. GUESTS: Moani Wright Van Alst (Board of Water Supply), Officer Tony Kahapea, Lt. A. Kurosu, Sgt. S. Medeiros (Honolulu Police Department), Capt. R. Marshman (Honolulu Fire Department/Kaimuki Station), Lydia Chock (Leahi Hospital), Councilmember Charles Djou, Stan Fichtman (Councilmember Djou's office), Candace Van Buren (Representative Scott Nishimoto's office), Representative Barbara Marumoto, Dr. Susan Jackson (Governor's Representative, Deputy Director, State Department of Health), Representative Lyla Berg, Darin Mar (Project Manager, Kaimuki Parking Lot), Christiaan Phleger, Glenn Yamasaki, Laurie Callies, James Saar, Mary Flynn, C. Schuster, Ken Johnson, P. Aiello, C. Aiello, N.C. Tinebra, Art and Bert Costas, Christopher Huanj, Kelly Huanj, Robert Hinkley, John Y.S. Tom, Cheryl Varney, L. Varady, N. Schneider, Jeffrey Minter, David Choy, Toshihiko Yoshida, Norma Dang, Keahi Pelayo, Janice Taketa, Kelvin Taketa, Gordon Tam, S. Sonoda, Art Lambert, William Reese Liggett, Brian Smith, Martin Cortas, Larry and Dee Helber, M. De Vegner, Susan Wo, Bennett Wo, Melissa Lambert, Jeri Broadfoot, Gregg Hutchings (Palolo Neighborhood Board No. 6), Bonnie Trustin (Neighborhood Commission Office staff). PUBLIC SAFETY REPORTS: Honolulu Police Department (HPD): Officer Tony Kahapea distributed the statistics from the last six months which are updated daily on their website. To see daily updates and additional information, please visit their website at (www.honolulupd.org/patrol/d7). Honolulu Fire Department (HFD): The fire department was not present at this time. Board of Water Supply (BWS): Maoni Wright-Van Alst represented the BWS, due to the retirement of Chester Lao, reported the following:
á December 9 there was a main break at 9:18 a.m. at 18th Avenue to a 4 inch line installed in 1938.
á The BWS 2008 calendar was distributed displaying winners of their 2007 Water Conservation art contest, copies are available at the main BWS office on Beretania Street.
Questions, answers and concerns:
Board Vacancies ö There were no volunteers to fill the three seats in Sub-District 1 bounded by Waialae, 12th and Alohea Avenues, Huanui Street, Pu`u Panini Avenue and Luawai Place. Chair Hernandez encouraged people to attend meetings if they live in Sub District 1 so the seats can be filled. PUBLIC INPUT AND CONCERNS:
1. Chair Hernandez noted that any
concerns that are not on the agenda cannot be action items for the Board at this
meeting. Residents were invited to take a Mayor's Office concern form from the
back table to clearly fill out their requests for the Mayor's
Office.
2. Mr. Yamasaki lives across from
the Kaimuki Park and hears kids there until 4:00 ö 5:00 a.m. He advocates
some youth programming be provided, perhaps by Catholic Charities or the Lions
Club. Chair Hernandez encouraged him to check in with these organizations to see
if this were
possible.
The agenda was taken out of order because the Fire Department representative arrived. Honolulu Fire Department (HFD): Capt. R. Marshman reported he was late because he was at an incident.
á The Kaimuki Fire Station's engine company responded to reported 2 structure fires, 30 miscellaneous calls and 2 vehicle fires; the ladder truck 5 responded to 2 structure fires and 89 medical calls.
á Fire Safety Tip: Ensure that your smoke alarms are functioning properly by testing them regularly with all household members present. Practice your escape plan together. As a result of a smoke alarm and a parent's quick response, a child's life was saved. The child was unable to escape from the room where the fire originated; however, the parent told fire investigators when she heard the fire alarm, she went to the room to investigate and was able to save her child.
Questions, answers, and
concerns:
The order of the agenda resumed. UNFINISHED BUSINESS: Roosters at Mau`umae Park ö This issue was discussed during the Board of Water Supply report. Chair Hernandez asked for some volunteers who live in the area of Mau'umae Park to partner with the Board of Water Supply to monitor the traps when they are in place. Status of Maunalani Park Recreation Building ö Jay Ishibashi, from the Mayor's Office, reported the building was turned over from the responsibility of the Department of Design and Construction (DDC) to the Department of Parks and Recreation (DPR) January 10th, however, minor communication and electrical work needs to be finished before the project is completed. DPR will advise of that date when they know. When the park opens, because it is small it would too costly to have a full-time employee, therefore, permits to use the recreation building and other facilities should be secured by contacting the staff at Kaimuki Park calling 733-7305 from 6:00 a.m. to 5:30 p.m.
Questions, answers and concerns:
Update on Kaimuki Parking Lot ö Darin Mar reported construction is being done on the lot in four remaining sections over the next month. Each segment is excavated the first day, paved the second, the stalls are marked on the third day and then that part of the lot is opened. Questions, answers and concerns:
2. There is no plan to do a
survey of lot users yet, however Mar tallied lot usage during the holidays and
it will be done again in March, 2008.
3. During the Kaimuki Kanekapila,
drivers were kept from entering the lot so it could be cleared out before more
cars went in. It was suggested the lot management advertise alternate parking
available to lessen crowding of the newly renovated lot.
4. Mar asked the public to advise
the parking attendant when they are having large events in the area so the
parking staff can try to accommodate the extra cars.
5. Leong requested to cut the
grass at the lot which Mar said he would do.
New Business: Discussion of Permitted Uses at 5071 Maunalani Circle ö Neighbors had asked Chair Hernandez to lead a discussion about permitted uses in the Maunalani Circle area, due to concerns about a potential commercial Adult Residential Care Home (ARCH). A draft resolution addressing zoning issues and awareness about the need for elder care opportunities was read aloud. However, since this draft resolution was not mailed with the agenda and minutes to the Board for their consideration at this meeting, the discussion of it will be tabled. Chair Hernandez noted that a few months prior, Kaimuki neighbors around 18th avenue were concerned about a care home. The owner attended this Board meeting which provided open communication and neighbors could state their concerns and the owner demonstrated that he was committed to the health and safety of his clients as well as in being a good neighbor. The owner of the Maunalani property, did not attend this month's meeting.
Questions, answers and concerns: 1. Kelvin Taketa requested the
DOH define a permitted use facility and advise what is required for a
Conditional Use Permit. Taketa noted the proposed developer thinks legally their
ARCH would be a "permitted use" facility that would not require neighborhood
input or any approval from the City and they want to move forward. The Board was
asked to work with the Legislature to ensure action be taken on appropriate
regulation for ARCHs in residential neighborhoods.
2. Keahi Pelayo, a real estate
broker reported: a) The Land Use Ordinance would at least require a Conditional
Use Permit. b) The street in question is zoned R 10 residential, therefore, a
medical facility or adult day care facility at least requires a hearing on a
"conditional use permit." c) Character matters and the Land Use Ordinance
maintains character for neighborhoods including this one. Developing a
commercial facility on one or more lots will change the character of the
neighborhood. When selling a home, the seller is obligated to disclose
information on real estate documents that ask if there are any commercial
activities and noises in the neighborhood that negatively impact the property
which include sirens, fire ambulances and delivery trucks required by an ARCH.
Businesses usually provide few parking spaces which also creates a parking issue
of staff cars and vehicles related to the
facility.
Chair Hernandez reminded the audience that this Board's area of responsibility is advisory and NOT regulatory. For the record, he noted that this meeting and agenda has resulted in one of the most well-attended meetings of the Kaimuki Neighborhood Board in years, and confirmed by a show of hands that the ARCH issue was the primary reason for most people in attendance
3. Martin Costas noted he feels
another nursing home turns the area into a hospital zone when they already have
one of the largest nursing homes in the state, located very close to the
proposed site. At the Department of Planning and Permitting's web site the
potential developer had submitted for rezoning on three lots with sizes of 2,600
sq ft., 2,800 sq. ft. and 4,200 sq. ft. and behind each lot is a steep cliff.
Since the owner of the properties wants to physically connect two existing
homes, Costas said he feels clustering could become a serious
issue.
4. Mary Flynn received an email
from Henry Eng, Director, City Department of Planning and Permitting, today
saying that if this is an ARCH, they are trumped by the State and there is no
need for a Conditional Use Permit if the facility would serve less than eight
people. Flynn reported the developer tried to build a new structure for an ARCH
and Flynn thinks they are currently trying to convert two of their present homes
into one ARCH. Researching the subject, she found they could charge from $7,000
- $8,000 per month per person plus tax breaks and state funding for ARCHs which
makes this a big business. She asked the legislators' help to discover why
residents can't keep big businesses out of their
neighborhoods.
5. Jeffrey Minter reported he
moved to the Circle for its quality of life which he wants preserved. As a
developer of residential neighborhoods on a large scale, he knows that creating
a neighborhood where people want to live takes much effort, but preserving
character in an existing neighborhood is also important. He challenged lawmakers
to create statutes to keep the character of neighborhoods where we live places
where people want to live, not places where we have to live and he appreciated
the resolution that was read tonight on this
issue.
6. Representative Marumoto
reported that there was an ARCH 1 established on 18th Avenue by a recognized
ARCH owner who has a good record with the DOH. She does not approve of ARCHs
spreading out one next to the other; and would rather not see businesses in
residential areas. She is adamant that ARCHs provide enough off-street parking.
She proposed a bill to keep facilities at least 1,000 feet apart which does not
have a bill number yet and a Manoa representative said he would be submitting a
similar bill. She welcomes your calls at her office, 586-6310. Councilmember
Kobayashi is interested in similar legislation since Manoa has ARCHs
also.
7. Another resident, who
practiced speech pathology with elderly patients, is sympathetic to their health
concerns. Her assessment found this neighborhood unsafe for elderly patients
with its steep
streets, nearby hiking trails where patients
could get lost, and a lack of sidewalks and streets with sharp curves making
walking dangerous. Also, behind the homes to be developed is a cliff where
people could fall
off.
8. Chair Hernandez invited the
audience to send him their testimonies via email at
mreduardo@hawaii.rr.com
and put the topic in the subject line which will be compiled and given to
lawmakers and others. In this way, the Board will strive to advise policymakers
of the opinions and concerns voiced
tonight.
9. Board member Tam asked area
residents if it was their belief that the owners are intending to proceed soon
with the project and the answer was "yes." Tam noted the ARCH issue has been
going on since he joined this Neighborhood Board 20 years ago. Lower Kaimuki is
full of ARCHs, which neighbors tried to fight every step of the way but they
lost resulting in them operating blocks from each other.
á Approval time for an ARCH could take up to six months which requires an onsite visit; any insufficiencies must be addressed. The DOH will consider the environment of the location on a cliff.
á Read the "Administrative Rules" Chapter 100.1 on the DOH website which gives information on a gamut of things the DOH licenses.
á No State funds go to ARCHs, they are private businesses. Owners prefer self-paid patients because it gives them a much better rate of reimbursement than Medicaid patients.
á She projects Representative Marumoto's organized neighborhood meetings, in which the DOH has participated, will prompt more discussion at the legislature this year.
á The Federal Fair Housing Act says there can be no discrimination in housing against certain classes of the population including people living with disabilities. There are also State law and City and County ordinances. She wants to help as much as she can for neighbors to understand the law and the rights of all citizens, including neighbors, care home operators and potential residents of a care home.
Chair Hernandez feels more information about this situation needs to come forward so that there is a thorough understanding. He suggested perhaps media reporting on this case and other related instances might could stimulate discussion and an understanding of the facts.
11. A neighbor reported the situation
could easily lead to
litigation.
Legislature's Grant-in-Aid Program to Nonprofit Organizations ö The Board voted by unanimous consent to table this issue until a later meeting; 8-0-0. It was widely covered in the Honolulu Advertiser in December. ELECTED OFFICIALS Mayor's Representative - Jay Ishibashi gave updates on questions from the previous meeting as follows:
Councilmember Ann Kobayashi ö Councilmember Kobayashi was not in attendance; her report was circulated. Councilmember Charles Djou ö Councilmember Djou offered to take questions for Councilmember Kobayashi. He reported that ARCHs are appearing from Waikiki to Hawaii Kai. He noted an ARCH I is allowed because the zoning code already allows for up to five unrelated people to live in a home which is the restriction for an ARCH 1, but he does not agree with an ARCH II. He wants an ARCH II to have a Conditional Use Permit (CUP) requiring a public hearing because he thinks ARCH IIs change the character of the neighborhood. State law requires the City to issue a building permit for ARCH IIs so the City no longer has jurisdiction over them. Questions, answers and concerns: 1. Councilmember Djou reported
the City zoning code does not allow businesses as a Permissable Home Occupation
with five unrelated people to operate in residential areas except for certain
exceptions such as giving piano, hula or swimming lessons or a home business
with few customers coming to the home such as a lawyer or accountant. If the
State law counters a City ordinance, the courts generally follow the State Law
even through it may contradict City ordinances.
2. Regarding the enforcement of
zoning and building codes, Councilmember Djou is happy to have an inspector come
to a site if it is believed to have code violations. Please call his office to
make a report.
3. The City ordinance now says it
is illegal to have a Bed and Breakfast and Travel Vacation Unit operation in a
residential area unless the business got a permit 15 years ago to operate as
such. A Bed and Breakfast is legally defined as a residential home with an owner
or manager living on the property 24/7 while a Travel Vacation Unit (TVU) is the
same as a Bed and Breakfast, but has no owner-occupant or manager on site 24/7.
Currently there is a proposal before the City Planning Commission to allow Bed
and Breakfasts as a permissible home occupation in residential areas but ban
TVU's from operating that way.
4. Resident Brian Smith suggested
with the conversation tonight on this issue, he recommends residents support a
Constitutional Convention on the November 2008 ballot so this and other issues
can be addressed.
5. Board Member Leong noted rail
seems likely but what happens when the federal government finds out that is not
what the people want?
Governor Lingle's Representative: Dr. Jackson believes that in the earnest and heartfelt discussion she heard tonight there are misunderstandings and misinformation about what the City and County and State and ARCH operators can do. She will work to bring specific information to future discussions to help residents better understand the situation and help the community and the Board to find reasonable solutions to preserve neighborhoods and have everyone be good neighbors. Chair Hernandez appreciated Dr. Jackson's full discussion and her help in illuminating the issues. Senator Les Ihara: Senator Les Ihara was not in attendance. Representative Calvin K.Y. Say: Representative Calvin Say was not in attendance. State Representative Barbara Marumoto: Representative Marumoto distributed her newsletter and announced the Bill Introduction Deadline will be a week from today. A few of the measures she introduced today were:
Questions, answers and concerns: 1. The earliest pass date for the
bill requesting 1,000 feet between Adult Residential Facilities to become law
would be May 2nd if the Governor doesn't veto it. It has no referrals at this
time; next week it will be known what committee it goes to. Board member Tam
suggested Representative Marumoto get a co-sponsor for the bill, possibly from
legislators not here today; she will follow up. Representative Marumoto noted
there could be opposition to the bill; existing ARCHs would have to be
grandfathered in and there is a lot of case law on this including a
Congressional Act saying you must favor these types of homes for senior citizens
because of the need and to have compassion. Board member Cone noted the ARCH in
question is for a very specific disease. Representative Marumoto noted that the
Adult Residential Facilties mentioned in the bill can be for drug
rehabilitation, rest homes and various uses enumerated by the Deputy Director of
Health so it is more than one type of facility.
2. Representative Marumoto said
there is no current legislation to require that new Adult Care Facilities have
increased parking. She thinks the law is weighted to allow the establishment of
these homes. Only a single family residence zoning is needed to apply for a DOH
permit for your rest home. Councilmember Djou said the State is trumping the
City but she thinks it also can be said the Federal Government is trumping the
State. There are a lot of laws on this issue, but she thinks the State and the
City can establish some reasonable restrictions on these homes, especially since
they are proliferating
quickly.
Chair Hernandez asked Representative Marumoto to advise the community how they can help her. He appreciates her first-hand reports and being here tonight, even as the Legislature just opened the 2008 session. Representative Scott Nishimoto: Representative Nishimoto was not in attendance; his report was circulated. Representative Lyla Berg: Representative Berg could not stay to make her report; her newsletter was circulated. APPROVAL OF MINUTES FROM NOVEMBER 21, 2007 MEETING: Deferred until the next meeting. The Board was on recess in December, 2007. TREASURER'S REPORT: Deferred until the next meeting. ADJOURNMENT: The meeting adjourned at 9:10 p.m. Submitted by: Bonnie Trustin Neighborhood Assistant Back | Current News | FYI |
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