HomeMy WebLinkAboutCOM 0045.000 2004-2006
DONALD IKEDA Phone: (808)961-8261
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December 17, 2004
MEMORANDUM
TO: Chairman Gary Safarik
And Members of the Hawaii County Council
FROM: Donald Tkeda, Chair PWIRC
RE: Pending List December 6, 2004
My intent is to start this council term with a clean slate. Attached is the pending list for
the PWIRC (bills, resolutions and communications) that was updated on December 6,
2004. Except for Bill 351, which Pat O'Toole, Deputy Corporation Counsel, has
indicated she wants to he placed on the PWIRC agenda at a later date, I am
recommending that we close file on all the other items on the pending list.
Please note that Res. 227-04 (#2), which authorized purchase, will be replaced with a
resolution authorizing an easement according to Stanley Iwamoto of the Finance
Department. Res. 72-03, relating the roads-in-limbo, needs more work and a new
resolution will be submitted at a later date according to Public Works Director Bruce
McClure.
If you have any questions, you can reach me at 961-8261.
Attachment
DI%wi
Comm. No. 5
Ref. To: Q.L
//rnrm'f (~nunn' fs rtn l.q~ml Oppurhmih~ lOrocidrr mid F,mplnrer
Committee on Public Works and Intergovernmental Relations
Pending List
Updated December 6, 2004
BILLS AND RESOLUTIONS
(1) 1]/9/04 -Deferred to new Council
Comm. 806: AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 30, SECTION
(Bill 351) 2-162.1(b), HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO
GIFTS AND DONATIONS (by correcting an inconsistency in the current Code
relatinu to dedications of roads and/or other infrastructures)
From Deputy Corporation Counsel Patricia K. O'Toole, dated October 6, 2004,
transmitting the above bill.
(2) 8/17!04 -Initially deferred for 30 days for Mr. Tyler to take desired actions. He did not
complete his research/tasks prior to leaving office on December 6, 2004. Easement instead
of purchase will be explored at a future date.
Comm. 727: RESOLUTION AUTHORIZING THE ABANDONMENT AND
(Res. 227-04) DISPOSITION OF A ROADWAY REMNANT (PARCEL R-2 REVISED),
SITUATED AT HOLUALOA, NORTH KONA, HAWAI BEING A
PORTION OF TAX MAP KEY: (3)7-7-004: PORTION OF 041 (to Edmund A.
Benech for $27 2701
From Finance Director William Takaba, dated August 4, 2004, transmitting the
above resolution.
(3) 10/20/03 -Deferred pending meetings with Committee Chair and the Department of Puhlic
Works. Call Mike Smith, 987-7063 when back on agenda. DPW will resuhmit in the
future.
Comm. 234: RESOLUTION AUTHORIZING THE MAINTENANCE OF CERTAIN
(Res. 72-03) ROADS CURRENTLY CLASSIFIED AS A "ROAD IN LIMBO"
From Public Works Director Bruce C. McClure, dated Apri123, 2003,
transmitting the above resolution. This resolution would establish interim criteria
for the county to maintain certain of the many "roads in limbo."
Comm. 234.2: Copy of letter to Committee Member Fred Holschuh, from Mr. & Mrs. Marvin
Razin, dated May 18, 2003, regarding of condition of Liloa Road, Waipunalei
Homestead, Laupahoehoe.
Comm. 234.3: Copy of letter to Committee Member Fred Holschuh, from Shane and Christie
Fox, dated April 23, 2003, requesting to get help to get their road fixed. Their
faun is mauka of Kapehu Camp in Papaaloa Homesteads. Pahale Road, which is
a public road that dead ends at the bottom of their property, which is TMK (3) 3-
5-001:55. They and their neighbors have repeatedly contacted the County to
maintain their road but were told it is considered a road in limbo.
Comm. 234.4: Copy of letter to Committee Member Fred Holschuh, from Rick Skillman, dated
May 17, 2003, stating he lives near the top of Pahale Road above Kapehu Road;
states these roads are in very poor repair. Requests help from the County to get
the roads in better shape.
Comm. 234.5: Copy of letter to Committee Member Fred Holschuh, from Tom and
Public Works and Intergovernmental Relations Committee
Pending List
Page ~2-
Kris Carpenter, dated April 23, 2003, regarding "Roads in Limbo," most of which
have always been unpaved but were "maintained" by the sugar companies as
perfectly serviceable access roads and suggesting "rural road standard" for graded,
maintained gravel roads.
Comm. 234.6: Memorandum from Director of Public Works Bruce C. McClure, P.E., dated
April I, 2003, transmitting a set of various tax map key maps, including plats for
six road maintenance districts -Puna, South Hilo, North Hilo/Hamakua, North &
South Kohala--but limits of Council districts are not shown on any of the maps.
Comm. 234.7: From Matthias Kusch, dated May 24, 2003, regarding the Old Government Road
off of Kaloko Drive, as it relates to the "roads in limbo" subject.
Comm. 203: From Mayor Harry Kim, dated April 6, 2003, responding to
Chr. Leningrad Elarionoffs inquiry about the status of the housing number bill
they are currently working on, and the policy recommendation on roads in limbo.
Apologizes for the delay in bringing these two issues forward, but cannot promise
at this time when they will have a comprehensive recommendation.
(4) 12/17/02 -Deferred for further discussion. Concern with turning over Council authority ro
Administration
Comm. 781: AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAI`1
(Bill 271) COUNTY CODE 1983 (1995 EDITION), RELATING TO THE DIRECTOR OF
PUBLIC WORKS (POWER TO ADOPT RULES AND REGULATIONS;
PENALTY) (including rules and regulations for fees and charges, special
licenses, permits, concessions, operations and use of county buildings, stmctures,
and grounds and for the conduct of all nersons while on or using county r~rounds)
From Public Works Director Dennis K. W. Lee, dated October 10, 2002,
transmitting the above bill.
(5) 4/2/02 -Deferred because of concern of access to driveways of property owners. Houses
should not have been permitted if it would cause aback=up of traffic on Kuakini. Trying
to fix traffic problems for County mistake at the expense of the property owners having to
detour to get to their homes. (Nate: As of December 6, 2004, never placed on an agenda)
Comm. 554: AN ORDINANCE AMENDING CHAPTER 24, OF THE HAWAII COUNTY
(Bill 196) CODE 1983 (1995 EDITION), RELATING TO VEHICLES AND TRAFFIC
(Proposed Lefr-Turn Prohibition at Seaview Circle, west bound, from Kuakini
Hi~hway and extending one hundred seventy feet towards Seaview Circle)
From Deputy Director Ronald Ueoka, Department of Public Works, dated March
4, 2002, transmitting the above bill. Informs they anticipate queued vehicles on
Seaview Circle, west bound from Kuakini Highway that are attempting to turn Ictt
into parcels 74, 75 and 76 will cause traffic to back up on Kuakini Highway, also;
the steep grade of Seaview Circle, west of Kuakini Highway makes for less than
desirable sight distance, meaning, motorists entering Seaview Circle from
Kuakini Highway may not be able to see or anticipate stopped vehicles attempting
to turn left into these parcels
Public Works and Intergovernmental Relations Committee
Pending List
Page ~3-
(6) 9/11/01 -Deferred due to jurisdictional issues between the County and Department of
Hawaiian Homelands
Comm. 294: AN ORDINANCE AMENDING CHAPTER 24, OF THE HAWAI`1
(Bill 85) COUNTY CODE 1983 (1995 EDITION), RELATING TO VEHICLES AND
TRAFFIC (Proposes parking be prohibited along Kalanianaole Street fronting the
Keaukaha Beach Park between the hours of 10:00 p.m. and 5 a.m. daily)
From Acting Deputy Director Galen Kuba, Department of Public Works, dated
August 2, 2001, transmitting the above bill, per request of the Department of
Hawaiian Home Lands, East Hawaii District Office, Park Advisory Council.
(7) Never placed on an agenda -December 6, 2004
Comm. 936: AN ORDINANCE RELATING TO WAIPIO VALLEY ACCESS ROAD
(Bill 328) From Corporation Counsel Richard D. Wurdeman, dated September 18, 2000,
informing that at a recent meeting with Jay Kimura, Prosecutor, Police Major
Kawauchi, and a community representative, the subject of the safety problems
caused by the operation of standard passenger cars and of large capacity
passenger vehicles on the Waipio Valley access road was discussed. Submits the
attached bill as a first step to deal with this problem.
(8) 6/20/2000 -Deferred for further study (December 6, 2004 -never taken up again)
Comm. 802 AN ORDINANCE AMENDING CHAPTER 24, OF THE HAWAI I COUNTY
CODE 1983 (1995 EDITION), RELATING TO VEHICLES AND TRAFFIC
Restrictions of Certain Vehicles for Hamakua Districtl
From Deputy Chief Engineer Jiro Sumada, dated May 5, 2000, informing the
present wording for the restricted classes of vehicles in schedule 4l, under the
Hamakua district, is obsolete and confusing. Therefore, transmits a bill amending
Chapter 24, of the Hawaii County Code, Article 10, Division 8, section 24-293,
Schedule 41, under the Hamakua District clarifying this section. (See
Communication No. 936 -Similar subject)
(9) 6/7/99 -Deferred because the Farmer's Market is only two days a week, yet the bill
proposed to change the traffic pattern all seven days a week. Concern over impact of
surrounding businesses. (As of December 6, 2004, never placed on an agenda)
Comm. 3l 1: TRAFFIC CODE AMENDMENT -FREIGHT LOADING ZONES AND
(Bill 85) OTHER PARKING REGULATIONS - HILO FARMERS MARKET
From Councilman Aazon Chung, dated May 25, transmitting a bill amending
Chapter 24 of the Hawaii County Code, 1983 (1995 Edition), relating to vehicles
and traffic regarding freight loading zones and other parking regulations on
Mamo Street, and Kamehameha Avenue.
Public Works and Intergovernmental Relations Committee
Pending List
Page ~4-
(10) 5/24/96 -Never placed on an agenda (as of December 6, 20114).
Bill 28 L• AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 1, SECTION 3, OF
(C-1212) THE HAWAII COUNTY CODE 1983, AS (1994-1996) AMENDED,
RELATING TO ELECTRICITY (Electrical work on buildings or premises on
lands leased pursuant to the Hawaiian Home Commission Act)
From Corporation Counsel Richard D. Wurdeman, dated May 14, 1996,
submitting the above bill at the request of the Department of Hawaiian Home
Lands. That controversy continues over the inability of residents of lands under
the jurisdiction of DHHL to receive electricity without obtaining a building
permit, even though DHHL claims an exemption from County codes.
(11) 5116/96 -Deferred in order to get more information from the State Senate and the
Department of Education (As of December 6, 2004, item was never placed back on an
agenda).
Res. 323-96: REQUESTS THE BOARD OF EDUCATION TO ESTABLISH A PROGRAM
(C-1171) TO DEFINE AND IMPLEMENT THE VALUES AND ETHICS
(1996) INCULCATING ROLE OF THE PUBLIC SCHOOLS IN CONTEMPORARY
SOCIETY
From Council Chairman Keiko Bonk-Abramson, dated May 2, 1996, transmitting
for consideration and approval the above resolution relating to public schools and
ethics formation.
(12) 10/19/95 -HSPWC deferred for redraft. Members concerned with limiting only to Hilo
area, and other technicalities
Bill 153: AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 7,
(C-'728) SECTION 19-53(g), HAWAII COUNTY CODE 1983 (1995 EDITION)
(1995) (historic building renovation)
From Brian J. De Lima, dated September 26, 1995.
(13) 10/19/95 -HSPWC deferred with no discussion
Bill 157: AN ORDINANCE AMENDING CHAPTER 24 (TRAFFIC SCHEDULE)
(C-733) OF THE HAWA[`I COUNTY CODE 1983, AS AMENDED, RELATING
(1995) TO TRAFFIC REGULATIONS (Puu Hina Street at Kaumana Drive, proposed
left turn prohibition)
From Chief Engineer Donna Day K. Kiyosaki, P.E., dated September 28, 1995,
transmitting the above bill to further improve traffic safety at this intersection,
forcing motorists to make left turns at the intersection of Waianuenue Avenue and
Kaumana Drive. States that the majority of residents adjacent to Puu Hina and
Punahele streets would prefer this arrangement versus gone-way pattern.
(14) 3/14/95 & 5/16/95 -HSPWC deferred with no discussion
Bill 57: A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1,
(C-248) SECTION 3-29 OF THE HAWAII COUNTY
(1995) CODE 1983 RELATING TO SIGNS (parking meter signs)
From Councilman Brian J. De Lima, dated February 22, 1995, transmitting the
above bill.
Public Works and Intergovernmental Relations Committee
Pending List
Page ~5-
(15) S/25/93 -Bill 104, Draft 2, passed first reading; and was referred back to HSPWC (Note
After being referred back to Committee, the bill was never taken up).
Bill 104: AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 2, DIVISION 2,
(Draft 2) SECTION 18-40 OF TE HAWAI`I COUNTY CODE 1983 RELATING TO THE
(C-482) EXPIRATION OF DRIVER'S PERMIT FOR TAXICABS (from I e
(1993) wears after the issuance thereof)
From Council Vice Chair Brian De Lima, dated July 15, 1993, transmitting the
above bill.
(16) 3/1/95 -Waived to Council; referred back to ASPWC - (Note: After being referred back In
Committee, the bill was never taken up).,
Res. 65-95: RESOLUTION RELATING TO HAWAIIAN HOME LANDS
(C-225) (That the Congress of the United States and the Legislature of the State of
Hawaii address their respective responsibilities in this matter, the Hawaiian
Homes Commission Act passed by Congress of the United States in 1920, and
initiate amendments to the Act which will best reflect the change in conditions
between 1920 and the present, and will best accommodate the policy interest
involved)
From Councilman Brian J. De Lima, dated February 17, 1995, transmitting the
above resolution.
(17) 9/20/93 -HSPWC deferred for PWD appraisal amounts also to withdraw are Res. 397-92
and 429-92, which Res. 109-93 replaced.'
Res. 109-93: RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO SELL
(C-586) THE UNIMPROVED PORTION OF THAT RIGHT- OF-WAY
(1993) REFERRED TO AS WAIMALINO LANE, TMK: 2-6-7:5, AS A REMNANT,
PURSUANT TO HAWAII COUNTY CODE ii2-118.
From Chief Donna Fay Kiyosaki, dated August 26, 1993, re-submitting the above
subject resolution. States the roadway is no longer needed for public purpose and
is recommended for abandonment.
(18) 1/11/94 -HSPWC deferred for further clarification of language (never brought back up
again)
Bill 187: AN ORDINANCE AMENDING CHAPTER 3, SECTION 3-31, PROHIBITED
(C-753) SIGNS, OF THE HAWAII COUNTY CODE, BY ADDING A NEW
(1993) SUBSECTION PROHIBITING SIGN WAVING (No person shall hold signs
within 500 feet of any intersection and wave at passing motorists thereby
constituting a traffic hazard by diverting or tending to divert the attention of
drivers of moving vehicles from the traffic movement on the public streets and
roadsl
From Councilman Jim Rath, dated December 14, 1993, transmitting the above
bill.
Public Works and Intergovernmental Relations Committee
Pending List
Page ~6-
(19) 7/30!91 -PWC deferred for further clarification, opinion from Corporation Counsel, and
other technicalities as listed in PWC minutes of same date (as of December 6, 2004, never
came back up). Also regarding Res. 349-91, which we only have acopy - no original.
Res. 350-91: RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
(C-2684) TO GRANT AN EASEMENT ON COUNTY PROPERTY TO
(1991) HAWAII ELECTRIC LIGHT COMPANY, INC. AND GTE HAWAIIAN
TELEPHONE COMPANY, INC. FOR THE PURPOSE OF INSTALLING AND
MAINTAINING ANCHOR AND GUY WIRE LINES WITHIN PAHOA PARK,
PUNA TAX MAP KEY: THIRD DIVISION, 1-5-114-25
From Mayor Lorraine R. Inouye, dated July 11, 1991, transmitting for approval
the above resolution and Grant of Easement.
COMMUNICATIONS:
(1) Referred to PWIRC 7/6/04 and never placed on an agenda
Comm. 675: From Johanna Leaird, dated June 28, 2004, requesting variance in the size of a sign to be
installed at her new business, a bed and breakfast for the handicapped on Wainaku
Avenue. Would allow handicapped patrons to see where they are staying. Attaches
sample drawing of the sign and size for review.
(2) 6/14/04 -Deferred, pending legal opinion/study from Corporation Counsel (no future date
set). When comes back on agenda call Dr. Ted Leaf, 326-1953.
Comm. 649: COMMUNICATIONS, ANEWSPAPER ARTICLE, AND AN EVALUATION
REPORT FROM M&E PACIFIC, INC., RELATING TO REZONING ORDINANCE
03-37, CONDITION R, STATING THAT THE APPLICANT SHALL PROVIDE A
FOUR-WAY STOP CONDITION AT THE NANI KAILUA/KAKALINA STREET
INTERSECTION UNDER THE GUIDANCE OF A LICENSED ENGINEER W (THIN
90 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE (Applicant: Walter
and Susan Welton -North Kona)
From Dan Olson, Kona Traffic Safety Committee, dated June 1, 2004, providing
comments, as requested, on the Nani Kailua Drive 4-Way Stop. States their committee
supports retaining the signs as now installed and states that although the consultant
reports that signs are not "warranted" by the normal engineering systems and guidelines,
it should be noted that deviations from the guidelines can be granted by the County
authority having jurisdiction.
Comm. 649.1: Copy of ]etter to Ann Peterson, Kona Traffic Safety Committee, from Robert D. Triantos,
President, Kailua View Estates Homeowners Association, dated September 24, 2003,
stating the Association's Board of Directors is in favor of the four-way stop signs at Nani
Kailua Drive and Kakalina Streets.
Comm. 649.2: Copy of letter to the Kona Traffic Committee, from Ginger Towle, President, Kona
Heights Property Owner's Association, dated September 23, 2003, discussing the success
of the stop sign in Nani Kailua.
Comm. 649.3: West Hawaii Today newspaper article (undated) regarding stop signs on Nani Kailua
Drive and Kakalina Street, entitled "Police nabbing non-stoppers."
Comm. 649.4: Evaluation of a Four Way Stop at the Nani Kailua Drive/Kakalina Street
Intersection, by M&E Pacific, Inc., dated March 22, 2004.
Public Works and Intergovernmental Relations Committee
Pending List
Page ~7-
Comm. 649.5: Copy of letter from Patricia Olson, dated June 7, 2004, enclosing copies of various letters
sent to Warren Yamamoto of M&E Pacific, Inc., in favor of keeping the 4-way stop signs
at Nani Kailua Drive and Kakalina Streets.
Comm. 649.6: Copy of letter from Cynthia L. Cohn, dated June 9, 2004, requesting continuation of the
4-way stop at Nani Kailua Drive and Kakalina Streets.
Comm. 649.7: Copy of letter from James Cohn, dated June 9, 2004, requesting that the 4-way stop at
Nani Kailua Drive and Kakalina Streets be made permanent.
Comm. 649.8: Copy of letter from Dr. Ted Leaf and Ms. Diane Stone, dated June 7, 2004, in favor of
keeping the 4-way stop sign permanent at Nani Kailua Drive and Kakalina Streets.
(3) Never placed on an agenda (will be resolved, per Leg. Auditor Asst. Skip Bethea).
Comm. 653: Letter from Robert D. Triantos, of Carlsmith Ball LLP, dated May 26, 2004, advising that
his office represents Mokuaikaua Church, located on Alii Drive in Kailua-Kona, and that
the Church requests the Council give consideration before approving future Sunday
"special event" roadway closures on Alii Drive, specifically citing the Keauhou Kona
Triathlon held on May 30, 2004, as well as other Sunday special events road closures on
Alii Drive, that the church believes are proliferating to the point where the tranquility of
the churches' and merchants' Sunday operations on Alii Drive are being disrupted.
(4) Never placed on an agenda - as of 3/19/04 (e-mail from Evelyn Fujii), Administration
stated that if a resolution is sent to the Council, it won't be for about 3 months. These
communications relate to the resoluton which we do not have yet.
Comm 562-562.6: Opposition To Removal Of Keokeo Street Bamcade (Kona).
(5) ]/22/04 -Deferred in order for staff to contact the mayor's office to have schedule public
meeting and presentation to look at issues.
Comm. 450: MAYOR KIM'S PRELIMINARY LIST OF ISSUES AND PROJECTS FOR THE 2004
STATE LEGISLATURE'S CONSIDERATION, WHICH HE HAS IDENTIFIED AS
PRIORITY ITEMS
From Mayor Harry Kim, dated January 2, 2004, transmitting the above. Welcomes the
Council's evaluation of the listed projects and issues.
(6) ]/22/04 -Deferred -wait for sign code. Call Lyn Puri, 327-9373, when comes back on the
agenda.
Comm. 329: SIGN VARIANCE REQUEST BY SUN INDUSTRIES INC. FOR NISSAN
DEALERSHIP (RICO).
From Douglas "Keahi" Burke of Sun Industries Inc., dated August 26, 2003, requesting a
sign variance in regards to commercial sign dimension for the local Nissan dealership, to
install four signs which are the channelized marquee type. They have been informed by
the Department of Public Works, Building Division, that the proposed sign sizes exceed
the allowable dimensions. Therefore, he is requesting a waiver allowing these signs to be
installed within the zoning area. The project presently is at a standstill. A copy of the
proposed channelized sign dimensions is attached.
Public Works and Intergovernmental Relations Committee
Pending List
Page ~8-
(7) lU/20/03 -Meeting with Gary Safarik. Wait for sign code.
Comm. 876: SIGN VARIANCE REQUEST - KONAWAENA HIGH SCHOOL
From Council Member Nancy Pisicchio, dated July 31, 2000, submitting on
behalf of Konawaena High School, a sign variance request to enable the school to
place a nonconforming sign on school property. Informs the sign code restricts
signs to 24 square feet and, if approved, this variance would allow for the
placement of a sixty (60) square foot sign. States the purpose of the sign is to
inform the student body as well as local residents about upcoming school and
community events. Also attaches pictures of the proposed sign.
(8) 111/20/03 -Meeting with Gary Safarik: Aold; wait for sign code.
2/24/98 -Referred to PWPC -never added on agenda). From 1998-2111111 Tcrm.
Comm. 171: SIGN VARIANCE REQUEST-NEW HOPE CHRISTIAN FELLOWSHIP
WAIMEA
From Dean Nielsen, John Allen Sign Company, dated November 23, 1998
requesting a sign variance for New Hope Church in Waimea to build a 32 sq. ft.
ground sign. Submits the design and elevation drawings for this project.
Requests permission to install " 2 Hour Customer Parking" signage on the
remaining meter posts, in the form of a bumper sticker printed in vertical format,
which they would pay for and install.
(9) 10/20/03 -Meeting with Gary Safarik -Hold. Wait for sign code.
8/05/97 -Defer (staff to work on the sign code to clarify the definition of signs and
enforcement provisions) This is from 1996-1998 Term:
Comm. 401: Sign Permit Application -The Jose Business Trust, dba International Motors. C-401.01;
C-401.02; C-401.04; C-401.5 (Opinion 97-1)
(10) 10/20/03 -Meeting with Gary Safarik -pulled out for him to review.
Comm. 698: From Andy Levin (FYI) 7/23/02 re: Humboldt County, California's standards for owner-
occupied rural dwellings (never put on an agenda)