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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).
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 (
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:
  1. 1. BWS has been working cooperatively with the Board and area residents to address the feral chicken problem at their Waialae station by Mau`umae Park. A new collaborative effort will begin in approximately two weeks with the use of Humane Society traps. The public's help is also needed to watch that people do not feed the chickens around Mau`umae Park. If you see someone feeding chickens, please ask them to stop, or call 911 to report the situation.
  1. 1. Chair Hernandez noted a resident was concerned that the roosters were being raised for cock fighting. If anyone sees evidence of this, you should definitely call the police to report it.
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.
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:
  1. 1. Capt. Marshman responded to a Wilhemina Rise resident explaining it is necessary for the fire department to always use their siren and lights when responding to emergency calls. It is for everyone's safety, as they have a large vehicle and need to warn pedestrians and other vehicles that they are responding to an emergency. 
  2. 2. The number of fire calls on New Year's Eve were less than expected because of the rain. There were some medical calls from holiday stress and smoke from fire works.
The order of the agenda resumed.
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.
  • • Residents reported the stone garbage can at the mauka top corner of the park at the bus stop be checked and emptied regularly. Recently it has been full for weeks, presenting a sanitation and health hazard. Ishibashi asked residents who see overflowing garbage cans to call Kaimuki Park and if things do not improve, contact DPR with this or any other complaints about the park; residents reported an increase in people putting their personal rubbish into trash cans at parks and schools.
  • • Chair Hernandez requested more trash cans in the park for the many people who use it. Now, there is only one small trash bin inside the park and this results in  people leaving their rubbish lying around
  • • Chair Hernandez requested removal of a large Hawaiian Electric Company utility pole left on the sidewalk running the length of the park on its east side. It has been there for months. Ishibashi will follow up.
  • • Ishibashi responded to Chair Hernandez noting that renovation of the Maunalani Recreation Center was slated to take six months when it began in October, 2006 but it is hard to renovate an existing building because there are so many unknowns, unlike a constructing a new building. There was deterioration from the neglect of the building for five years, the HECO transformer had to be replaced which was unanticipated, and the flooring was ruined from leakage underneath it. Chair Hernandez acknowledged the public understands reasonable delays, but in this case they have been frustrated by the lack of information and the extraordinary delays. It would have been helpful if the contractor could have provided written updates posted at the park or distributed to this Board.
Questions, answers and concerns:
  1. 1. Ishibashi responded to Rybacki-Smith that DPR accepted the work the contractor did, however the facility will not be opened until the electrical work and communication lines are installed.
  1. 1. Fichtman responded that there were 16 pages of items sent one month ago by DDC to Councilmember's Djou's Office about things the contractor needed to fix. Ishibashi talked to DDC and they handed the property over to Parks and Recreation today. It was his understanding that all the contractor discrepancies were taken care of except the communication lines and some electrical work.
  1. 1. Chair Hernandez noted the president of the contracting company, Walter Arakaki, was recently sentenced for fraud and also was a past contributor to the Mayor, a situation that causes members of the public to be distrustful. Ishibashi noted the fraud occurred on a State job at the Honolulu National Airport, and that the company was awarded the Maunalani Park project prior to his conviction for fraud. Chair Hernandez reported the contractor continues to do numerous jobs around the City and he asked previously if the City should be giving special oversight to this contractor because he has now been proven to operate fraudulently. Ishibashi noted DDC has been overseeing this $1.7 million project. They knew of the cost overruns from eight different items, including the HECO transformer for an additional $57,000, which often occurs in big projects.
  1. 1. Ishibashi will check to see if the park restrooms can be opened before the recreation center is completed.
  1. 1. A resident complained about the large tower lights that come on automatically, regardless if anyone is using the park. Chair Hernandez noted that since construction began, the timed meters to turn the lights on at the tennis courts have been inoperable. Residents asked to reestablish the timed meter so electricity is not wasted. Ishibashi noted they had problems with the timers at other locations but he will check on it for this court lighting.
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:
  1. 1. Mar reported some area businesses have lost revenue and some say it is improved. Many customers are happy because they can find parking. Mar left flyers with reminder information for lot users which included a request to be prepared with ticket and money when approaching the attendant booth to keep the line moving. The lot provides a 20 minute grace period.
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.
  • • Board Member Cone reported Hawaii will soon be seeing the number of retirees surpassing anything  we have experienced before and hospitals are beyond their capacity for patients. His family and neighbors are generous to the residents of the neighboring Maunalani Nursing home. Meanwhile sirens from emergency vehicles, a constant stream of delivery trucks, facility employees park in front of his home digging up his grass and they smoke cigarettes leaving the butts at the end of his driveway.
  • • Board member Rybacki-Smith spoke with Fichtman and Dr. Jackson today to make sure that her understanding of the statutes regarding ARCHs was correct. The two types of statutes in the State of Hawaii are for Type I that house  five patients or less and Type II for six or more patients. In Chapter 46 under the "Zoning Regulations" the statute gives zoning powers to the City and County for residences with more than eight patients. Fichtman and Dr. Jackson agreed the typical process to regulate homes with over eight members is to build the structure, and get it zoned and permitted for construction. Next the application classification as an ARCH facility is made to the State Department of Health (DOH) to substantiate sufficient care and medical treatment for the proposed facility patients. Beyond that, there are no Conditional Use Permit requirements for living there nor public or neighborhood approval for ARCHs.
  • • Board member Cone understands that if there are patients in the facility who cannot function on their own, there are certain requirements that the facility must have. He is concerned that this could be an illegal operation that could negatively impact the neighborhood and public health and safety.
  • • Dr. Jackson needed more specific information to supply guidance from the DOH's point of view on these issues. She is concerned with Cone's statement that this type of facility may be illegal because specifics have not been stated. Any home and community-based facility that offers some sort of clinical care is licensed by the DOH which oversees the health, welfare and safety of the clients living there. All of the permitting through the City and County has to be obtained before the DOH looks at an application for a facility; there are different requirements for different levels of care. Non self-preserving patients raises a different level of concern, a different kind of license and a different kind of oversight by the DOH.
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 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.
  1. 1. In response to what can be done now, Dr. Jackson asked attendees to be optimistic because the DOH can help find information with the City and County, but currently without an application on this ARCH, they cannot investigate. Normally the County requirements must be met before there is an application to the DOH. Dr. Jackson wants to know the category for the facility. She answered the following questions:
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.
Mayor's Representative - Jay Ishibashi gave updates on questions from the previous meeting as follows:
  • • The last round trip of the No. 3 bus operates as follows: Weekdays it leaves Waialae and Koko Head Kaimuki at 11:55 p.m. and arrives back in Kaimuki at 1:26 a.m. Saturdays and State holidays the last trip leaves Waialae and Koko Head at 12:00 a.m. and arrives back 1:22 a.m. The last trip on Sunday leaves Waialae and Koko head at 12:02 a.m. and returns at 12:57 a.m. Timetables can also be viewed on The Bus website at
  • • Ponding in the middle of Kapaolono Park is suspected to be caused from an irrigation line break and it is being investigated. Board member Leong reported the ponding situation was fixed, however she requested his help to get the bathrooms open which are not currently operating; they are needed for scheduled Spring classes. Ishibashi will follow up.
  • • Maunalani Park lighting system at the tennis courts is expected to be operational in mid-January 2008.
  • • The City's Honolulu Collection Yard supervisor spoke with the resident who requested bulky item pickup on Koko Head. The resident confirmed their bulky items were removed in November and December as scheduled.
  • • Board Member Leong appreciates the good air quality on the hybrid buses. Ishibashi said they plan to get more of them; even though they are expensive, they save on gas usage.
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:
  • • Require minors to wear helmets when driving All Terrain Vehicles (ATV) as part of the Keiki Caucus.
  • • Require DNA collection from people arrested for felonies because later when there is a murder or rape the past DNA might match the recent criminal who committed that offense.
  • • Require 1,000 feet between Adult Residential Facilities.
  • • Place Salvia Divinorum and Salvinorum A on the list of Controlled Substances.
  • • Require the State to purchase CFL or LED light bulbs to save energy for state buildings.
  • • Minors to loose their driver's license when convicted for graffiti.
  • • Appropriation bill to reduce energy consumption in Saunders Hall at UH Manoa.
  • • Resolution to preserve Kahala Beach from vegetation overgrowth which obliterates the beach at high tide.
  • • Resolution asked the DOH to assess the pros and cons of a cervical cancer vaccination for girls before entering the seventh grade.
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

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