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MICHAEL J. MATSUKAWA ATTORNEY AT LAW Ms. Bobby Jean Leithead-Todd July 2, 2002 Page 2 In that event, HELLO will have to seek rezoning of its land to validate what is on the ground now "after the fact." In fact, as a result of a recent Board ruling on March 25, 2002, the Board required HELLO to initiate proceedings before the LUC to take its land out of the Conservation district and to place it in the state Urban district. If tr~is takes place and if the state LUC grants HELCO's petition for a boundary amendment to the state Urban district, then the underlying county zoning would take effect Extensive A~culture general plan designation and Open zoning. Since the county charter allows general plan amendments to be made only by the county council or planning director, HELLO could not move forward with its rezoning until and unless the current Extensive Agriculture designation on the general plan is changed to Urban Expansion (as is currently proposed). I do not believe the public has been adequately informed on this subject. The question to the county council is, "Is the county council at this time supporting HELCO's proposal to rezone its land to allow HELLO to continue with its expansion project at the Keahole station after-the-fact?" I believe this matter needs to be fully discussed and not be allowed to slip into the general plan unnoticed and without debate. This is an important policy decision for the county council to make. I trust you will give this matter the attention that it deserves and the county council will exclude the Urban Expansion designation. Thank you. Yours truly, "L `ice 1 f/~ ~ 6/ r Michael J. Matsukawa MJM: j ff\oi7~todd-~ti.sP xc: Anthony Ching, LUC James Arakaki Curtis Tyler Christopher Yuen