REP PC 104 07/31/2006 2004-2006 - Laserfiche WebLink

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Communication No. 964 Bill 309 Page 10 of 15 Council Chair Higa's concem was that due to the recent downgrading by Ordinance of Makalei Drive, Map A is wrong. Mr. Higa's position was that the law was changed at the time the Ordinance was passed and feels an amendment to Map A to reflect that Makalei Drive as a Minor Road is in order, similar to the way a fire station was added. Director Yuen stated this kind of amendment is very different from that of adding a fire station to a list of facilities and that although the Council can amend the General Plan, there is a process for bringing forth amendments to the General Plan. Director Yuen stated that from his standpoint of what happens on Makalei Drive after Road 4 is built, it doesn't matter if Makalei Drive is called a minor or collector road. Mr. Yuen stated the Council can clearly reject the proposed interim amendment, however, if it wanted to add an entirely new road it should be a separate interim amendment and not done at this time. He said the facilities map is part of the General Plan that shows a set of roads and either the Council or the Planning Director may initiate changes through the public heazing process. Likewise, if the Council deletes a road, that has to go through the process as well, it just doesn't appear as part of an amendment. Council Member Arakaki states that what the General Plan did was give the Planning Director the authority to delay changes to the General Plan, because if the Council initiated amendments, it has to go through the Planning Director and then the Planning Commission and almost never change anything. Director Yuen stated the previous General Plan had an interim amendment process which provided that Council-initiated amendments go to the Planning Director and the Planning Commission, the timeline being set by the Ordinance. Mr. Yuen stated that certainly within the limits of the Charter the Council can change the timeline for the process ofcouncil-initiated amendments. However, the question would be to what extent the change would become an amendment that has to go through the process. Calling upon Corporation Counsel Lincoln Ashida, Director Yuen conveyed the general question whether the Council can further amend proposed interim amendments to the General Plan and specifically, treatment in the General Plan Interim Amendments of Makalei Drive which was recently designated a Minor Road by Ordinance. Mr. Higa added that his main concem is to show the Makalei Drive Minor Road on Road Map A and whether that could be accomplished by a motion to amend Road Map A, or would the proposed amendment constitute aCouncil-initiated interim amendment to the General Plan requiring review by the Planning Commission and Planning Director. Responding to Council Member Arakaki's question of the legislative authority of this body to change these things, Corporation Counsel Ashida responded that the Council has the authority, but the process is what's being discussed here. Mr. Ashida stated every proposed change needs to be examined individually to determine if it is so far from the General Plan that it has to go back to the Planning Commission. Mr. Ashida noted that the process was established by this Council in the General Plan which is part of the Ordinance, and that is the process the Council is whetted to. However, Mr. Ashida stated there is a certain amount of leeway the Council does enjoy.