2024-06-29 Email Katherine Garson Kapulehu Land SLU App (Inadvertently not given to LPC)

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From: Katherine A.Garson To: Jackson. Maiia Cc: Andrews.Jessica; Kern.Zendo; Darrow.Jeff;Chang. Kelsie;Onaona P.Thoene; LPCtestimonv Subject: RE: Kaupulehu Land LLC State Land Use Boundary Amendment application Date: Saturday,June 29,2024 4:06:45 PM Importance: High Maija, Thank you for the information. Given the below, the Applicant requests that the PL-REZ-2022- 000039 ("Rezoning Application") also be placed on the July 18, 2024 agenda such that the unfavorable recommendation taken at the June 20, 2024 meeting on the Rezoning Application could be rescinded if the Commission so decides. As you know the 3-3 vote on PL-SLU-2022-000008 resulted in the subsequent unfavorable motion and vote on the Rezoning Application. Commissioner Dean Au specifically said that he did not support the unfavorable recommendation on the Rezoning Application but stated that he would vote "yes" on the unfavorable recommendation to move it forward to the County Council (the Commissioners were informed that the lack of a majority vote on PL-SLU-2022-000008 meant that it would be forwarded to the County Council as an unfavorable recommendation but without comment). Thus, it would be patently unfair for the Applicant if the motion on the Rezoning Application was not also agendized for possible rescission/reconsideration. To the extent that the Applicant needs to consent to the extension of time for the Rezoning Application to be properly acted upon, the Applicant provides its consent. As we discussed, Rule 1-5 of the County of Hawaii Planning Commission Rules states that the parliamentary procedure to be utilized by the Commission in the conduct of its own meeting shall be based on the current edition of Roberts Rules of Order. Section 35 of the 12th Edition of Roberts Rules of Order provides for motions to rescind. There is no time limit on the making of the motion after the adoption of the measure to which they are applied. Regardless of whether a motion to rescind or some other motion is made, if the Rezoning Application is not agendized with the PL-SLU-2022-00008, then the Leeward Planning Commissioners will be denied the opportunity to fairly consider PL-SLU-2022-00008 as the request for the SLU District Boundary Amendment is part of the same project request as is the Rezoning Application. Thank you for your consideration. Kathy KATHERINE A. GARSON Partner I Carlsmith Ball LLP