CHC 1979-03-06 - Laserfiche WebLink

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MR. CADINHA: The other question I have, is since your last appearance here,. Mr. Fuke, have you changed your mind about the role of the Water function in the county as being part of the (Mayor' s administration or would you. . . that is the question. .have you changed your mind? You said you thought it should tb'el under the_Mayor� , t.Yiat_itl:me. ____ Do you still feel that way? MR.: FUKE: I still feel that way on the Water Commission, that the Water Commission, the manager and the deputy manager being under the governance of the mayor." Again , this basically relates to the whole question of coordination. . How do you bestcoordinate yourimplementing programs. MR. TRULSON: Regarding your recommendation. on subsection ( a) is that just a clarification of what you are presently doing as a technical advlsor? MR. FUKE: That ' s right. I do that, right now. ' It is more of an editorial clarification on that. MR. ISHIDA: Mr. Fuke, on this Board of Appeals. On the basis of your experience, does the Board of Appeals actually serve a function? U As it is characterized, now? MR. FUKE: In certain areas I ' guess it would. be difficult for the Board of Appeals to handle. . .maybe I can ;Fust relate it to specific examples like in a situation with the Bobby Yamada appeal on a subdivision where I nullified a subdivision. There was an appeal . The legal counsel to the Board of Appeals, at that point in tim , in a sense, concluded that what I was doing was just implementing what the law was. There was no discretion and so by operation of law the sub- division was deemed null and void. In that kind of situation, I think , since you do not have attorns on the board and the board cannot rule on points of law it doesn 't make, really, too much sense. But unless you go .through that process ,- it becomes difficult to see whether the Board of Appea]sis going to be acting pn points of law or the purely arbitrary and capricious area® The reason why I am think#ig about all of these things is because, I am telling myself, one of these days I am not going to here,- where I am. . I am probably ; going to be outside trying to work with the government, sub- mitting applications and all that. Recognizing all the laws that are within the books, right now, and just wondering weWll am +1; content with that. 'If I do disagree, what is my recourse? I would want to make sure that there is some sort of safety -valve. I ' ll give you a case in point. Take, for example, under the planning review section, the Planning Director would be authorized to say no setback within an industrial zone, or, can impose setbacks, depending on what- ever reasons he or she decides it should be. Let ' s assume in one situation , you said no setback. Another property owner comesin .and the guy says, hey, there should be a 20 ft. side- yard setback. Because the law gives me the discretionary - 16 -