2006-04-21 TShockley - Laserfiche WebLink

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SHOCKLEY:My name is Tom Shockley andmy addressis 73-4370 Huehue Street, Kaloko Mauka. ALAMEDA:Thank you Mr. Shockley. SHOCKLEY:Thank you. ALAMEDA:Mr. Mooers I already swore you in and your name and address is already on the record. You heard what Mr. Hayashi presented. If youd like to add anything or if you missed anything. You also got the Departments recommendation with the conditions. Do you have any thoughts or comments? MOOERS:Yes. Obviously its a pretty standard application for the Kaloko Mauka. The conditions are standard. To address Commissioner Watanabes question regarding the actionbytheCouncil.TheCouncildidvotetosend,onfirstreading,tosupporttheChangeof Zone with a condition that final subdivision approval not be granted until the intersection was improved. But there was a 2-year limit and if a 2-year period passed and improvements were not made then they could be granted final subdivision approval. There was some question about it. I suspect the language will be modified again. As you know trying to draft language in a meeting like this sometimes you dont get the clearest read on it. I think sometimes what were trying to say and what actually happens may not be the same thing. But the intent is clearly that the Council is anxious to put pressure on the Department of Transportation to make the improvements. It appears if not a total amount of funds available theres a substantial amount of money available to make improvements to the intersection. My understanding is that to this date DOT has not accepted a particular design of improvements and until they do that then the improvements cant be made. The applicants who were present which was the Gesling and Totah applications. The five families who were involved in those applications testified before the Council and they accepted that condition with the stipulation that it not run indefinitely. My feelings in general are, is I dont normally advise clients to accept conditions that they cant control. So in other words if you require the applicant to make an improvement or to do something in order to make the zoning in effect, the subdivision in effect, thats not a problem because clearly theyre controllable in destiny. But in a case where you put a condition on which youre asking for a third party to perform is problematic. But in this case they agreed to accept it because they recognized that this is an issue and they will be working diligently on their behalf to try to get Department of Transportation to agree to what those improvements might be and then to work with the Council to transfer the funds from the County to the State in order to pay for those improvements. ALAMEDA:Follow up Mr. Watanabe? WATANABE:Yeah. So with that in mind would a revision or an additional condition similar to that be acceptable? MOOERS:Yes it would. The concern I had with the language that the Council started inserting this is that they were trying to specify what the improvements would be. And, I had a problem with that because its, the Council doesnt get to decide what the improvements EXHIBIT C 5