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MOOERS:Just a couple of points I€d like to make. First of all in the action by the <br />Council one of the issues was considered waswhat the real impacts of these rezonings are. And <br />in that case it became very apparent after testimony from the applicants that there was no impact <br />because there was going to be no increase in the number of cars that were going there. In one <br />case it was a CPR that was being converted to sub-divided lots. And in the other case the <br />applicant was desirous to build a house for his 87 year old father who neither has a driver€s <br />license or an automobile. I think you do need to look at cumulative impacts. In this case the <br />owners who are sitting next to me have a home at the top of Kaloko Mauka. They are now <br />divorced and they would each like to have a house on each lot. The number of people going up <br />and down Kaloko Mauka will not change. As far as Mr. Gimpel€s comments about the incentive <br />for State and County action, my belief is that the incentive should be that they€re here to serve <br />the public and that they have repeatedly noted that, that intersection is not safe and that, that <br />incentive should be enough for them to take action. We shall see if these applicants have any <br />influence on the bureaucracy of the Department of Transportation or not. I would suggest that <br />eithertheCommissionortheDepartmentortheCouncilwouldhavefargreaterinfluencethana <br />group of 4 or 5 random you know individuals from the community. Clearly the incentive is there <br />for all of us, whether or not these rezonings are granted to have them make the improvements to <br />that intersection. And I know I personally am making efforts to meet with representatives of the <br />Department of Transportation to try to find maybe other incentives for them to make these <br />improvements. The last point I guess I would make when the, Mr. Gimpel indicated that there <br />should be a public benefit and I think there are public benefits to this Change of Zone <br />Application. The public benefits are those that are identified in the resolution and that is number <br />1, the preservation of 80% of the forest where there are no conditions presently. That <br />preservation is not only for a watershed but also for a habitat for native species. And the second <br />thing, which is what we€re talking about today, is the solution to correcting this intersection <br />deficiency and that is that these rezonings are required to pay roughly $10,000 per lot toward that <br />intersection improvement. While the State has consistently commented that the intersection is a <br />problem they have never placed this project on their STIP, their State Transportation <br />Improvement Project list. So, while it may be insufficient in design according to their <br />comments, they have not chosen to place it anywhere on their improvement project list. So in <br />other words they don€t have a project, they€re not funding it. So therefore the solution to this <br />problem has been identified by the Council and by the Commission to be that we assess a fee of <br />these rezonings and apply that fee toward making those improvements. So the benefits of this <br />Change of Zone in addition to the preservation of 80% of the forest is to provide funding for this <br />intersection improvement. <br />ALAMEDA:Thank you Mr. Mooers. Any questions for our applicant or its <br />representative Mr. Mooers before we go into a discussion mode? Seeing none. Pleasure of the <br />Commissioners? Excuse me? I€m not sure what the protocol might be given that you came a <br />little late so let me ask Mr. Torigoe. The applicant€s representative, actually the applicant would <br />like to say a few words. Does that fit protocol or? <br />TORIGOE:Yeah. Are what stage are we at? <br />ALAMEDA:Actually we€re moving into discussion phase but I guess before then we <br />could give her an opportunity to say something? Could you please raise your right hand? All <br />EXHIBIT C <br />9 <br /> <br />