Tag Archives: Honolulu City Council

The City Council 64% Pay Raise will go into effect on July 1, 2023 unless the City Council rejects it

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Two city council members have introduced two Resolutions to reject the 2023 Salary Commission’s recommendations for the pay raises.

  1. Resolution 23-81 REJECTS the ENTIRE Salary Commission’s recommendation. This will freeze the salaries as is.

“BE IT RESOLVED by the Council of the City and County of Honolulu that this
body, by at least a three-quarters affirmative vote of its entire membership, rejects the
entire resolution of the 2023 Salary Commission submitted to the City Council under
Council Communication 111(2023) and the salary and salary schedule increases
recommended therein; and . . .”

2. Resolution 23-82 REJECTS IN PART Salary Commission’s recommendation.

” WHEREAS, the Council wishes to express its appreciation for the work of the
2023 Salary Commission, but concludes that the salary increases and salary schedule
adjustments recommended by the 2023 Salary Commission for Fiscal Year 2023-24
should be rejected in part; ”

Some facts for clarifications:

  1. If the city council does not adopt a resolution to reject the pay raise now, the recommendations of the Salary Commission will automatically become in effect on July 1, 2023.
  2. Chair Tommy Waters has to put the above two resolutions in the Honolulu city Council Agenda pretty quickly. Will Waters promptly allow these two Resolutions or others to be on the Council agenda? Will he come up with his own resolution or let the clock run out?
  3. Chair Tommy Waters publicly states that he’s “totally open to that idea” for the public to determine whether the city council position is a full-time or part-time job through a Honolulu City Charter amendment. Chair Tommy Waters, Vice-Chair Esther Kia’aina, and Budget Chair Radiant Cordera have publicly determined their position as “full-time”.
  4. Through the decades, the position has always been respected as part-time and no council has asked for a huge salary raise based on the platform that it’s a “full-time” position. Former City Council member Ann Kobayashi, amongst others, has publicly said, “You run for public office, you know what the salary is, you know what the hours are, and you do the best you can and the public service. The point is not to get in there and try to change the salary.”
  5. The public participation opportunity to approve the increase salary to “full-time” scale or not is obviously backward.
  6. The City Charter amendment procedure as to whether the Council deserves “full-time” salary cannot be decided before the default date of July 1, 2023. The earliest the city charter amendment process can happen is at next year’s 2024 election ballot. Keep in mind again that this suggested amendment action is separate from #1 timeline.
  7. It has always been the expectation that the city council position is a part-time salary. The council members have health benefits and other benefits. Each council member has 5 full-time staff, the Council Services, and the city departments to assist upon request.

The most recent confirmation of Rebecca Soon to the Honolulu Salary Commission can be viewed at the 4:03 video mark during the Council Hearing on January 25, 2023. The video shows the interactions between the council members and the nominee Soon about pay raises.

Rebecca aka Becky Soon has a lot of experience with Honolulu Hale as the latest addition to the Salary commission. Her father Ray Soon was Mayor Kirk Caldwell’s Chief of Staff. Her mother Cheryl Soon held many positions, including Director of Department of Transportation Services and member of the 2018 Honolulu City Charter Review Commission.

The Honolulu Salary Commission:

The current Honolulu Salary Commission Chair is Malia Espinda. The Salary Commission is made up of commissioners nominated by the Mayor and the City Council in this arrangement: 3 members appointed by mayor, 3 members appointed by council, 1 member appointed by mayor & confirmed by council.

City Employee expresses his personal views against windowless units as a private citizen in Bill 21

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Bill 21, authored by City Councilman Tyler Dos Santos-Tam, asks for changes to the City County Housing Code to be consistent with the International Building Code (IBC) that allows windowless (no natural light and ventilation) housing units.

Santos-Tam, a construction industry lobbyist, said that the county needs to build 25,000 housing units and thus “optionality” is necessary in housing development. The statement begs many questions as to who these units are for and do we want Oahu to follow other countries’ values and standards. Is this about helping developers or is this about meeting the needs of our local residents?

Below is an excellent example of a local government worker with lots of expertise and experience standing up for the public good, rather than developers. Michael O Silva, speaking as a private citizen, should be commended for speaking up. His testimony is free from self-interests but filled with common sense and aloha for the ordinary local residents. Read the testimonies here.

Listen to Bill 21 here. It starts around the 1:46 mark.

Who’s behind these non-judicial Power of Sale bills?

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UPDATE: SB 875 & HB 15 are speeding on. ( HB 538 is quite similar.)

Keep in mind the counties already have “Judicial Foreclosure” and “Eminent Domain” powers in place. But the justification is that these processes take too long.

In other words, these bills will allow the counties to be the Police, Prosecutor, Jury, Judge, and Executioner. The Judicial Due Process will be cut off.

We’re asked who started these non-judicial foreclosure bills to forced sale of a private property, based on the Honolulu Department of Planning and Permitting (DPP) fines, without going to court.

Here are some quick answers:

It originated in 2022 as HB 1434 with Honolulu Mayor Rick Blangiardi. Keep it mind that this Power of Sale requests applied to ALL Counties in Hawaii. Based on my observations of him, it’s unlikely that this non-judicial Power of Sale idea originated from Blangiardi unless he’s hoping for a new stream of revenues from fines and sale of properties.

If I have to take a guess, it would be his Managing Director Mike Formby, formerly with the Pacific Resource Partnership (PRP) or former Department of Planning and Permitting (DPP) Director Dean Uchida.

Five (5) City Council members, known as the Gang of 5, also submitted testimony – Chair Tommy Waters, Esther Kia’iana, Brandon Elefante, Calvin Say, and Radiant Cordera.

What were the underlying motives?

Fortunately, Bill 1434 failed to pass last year.

I was in the same Mayoral campaign with Rick Blangiardi in 2020. Based on my observations and
his words, he had very shallow understanding about Honolulu City Hall workings.

This year 2023, Mayor Blangiardi is back with HB 106 and SB 216 by request to Senate President Ron Kouchi and House Speaker Scott Saiki.

However, presto! The tactics have changed a bit this year. There are five (5) clone bills with the same agenda speeding through.

Google Searches show no county mayors, state legislators or city council members appear to have warned Hawaii about this draconian assault on private properties.

Here are the rest of the three (3) bills.

SB875 is introduced by Senators Stanley Chang, Donovan Dela Cruz and Sharon Moriwaki. This bill is alive and has crossed over on March 7, 2023.

This time around, written testimonies come from only Honolulu City Council former Budget Chair Calvin Say and DPP Director Dawn Takeuchi Apuna.

Companion Bill HB498 is introduced by Representative Jackson Sayama.

HB 15 is introduced by Representative David Tarnas (D) It has no senate companion bill but it has crossed over on March 7, 2023.

HB538 is another similar one that includes judicial or non-judicial foreclosure. It is introduced by MATAYOSHI, BELATTI, HASHIMOTO, HOLT, KILA, KITAGAWA, LAMOSAO, MARTEN, NISHIMOTO, TAKENOUCHI, TARNAS, Chun.

The time line provided in this bill is too unrealistic. It assumes that DPP is 100% efficient. In actual fact, it takes a very long time to get a permit. Some permits take a much longer time because it may need a shoreline certified shoreline. This could easily take six months to complete.

REJECT HB 106: Authorizes a county to proceed with a power of sale on real property subject to city fines.

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The City and County of Honolulu is asking to have POWER of SALE on Oahu’s property owners based on DPP liens. Bill 106 will affect ALL Counties.

JHA 1/31/23 2:00 PM Tuesday
325 VIA VIDEOCONFERENCE

BILL 106 and companion SB 216 may sound harmless in an ideal world with perfect fairness and equity and justice for all.

But in real life, these bills are too over-reaching and will further marginalize Private Property Rights. 

Bill 106 slams Due Process for ordinary citizens. There are systemic failures of discrimination, inequity, and entrenched bureaucracy at Honolulu Hale. This Power of Sale will expose every property owner to the possible whim of politicians, government officials and its powerful political machine. 

Although there is supposedly a fair “process” in place, our decades of participating at Honolulu Hale and the records have shown otherwise. Repeatedly we have witnessed that this same “process” has been unfair and inequitable to ordinary citizens. No matter how thin the cheese is sliced, there are always two sides to it. But the government almost always wins because it has the upper-hand, resources and a legal corporate team to ignore or fight ordinary citizens.

Most ordinary citizens are not born with a silver spoon in their mouth. They work their tails off to achieve real property ownership. The County’s role ought to be helping property owners correct their violations and be in compliance; not be too eager to seize private properties through fines. 

Unfortunately, the Honolulu Department of Planning and Permitting (DPP) does not have a consistent and good record. This is no way to live in a Democracy where Big Brother and its long arm of government continues to become more powerful and subvert Due Process due its citizen.

This POWER of SALE is NOT about a mortgage company foreclosing based on non-payments of a borrower. This is about the government seizing properties, based on DPP fines.

There is an alleged reason or justification that this Power of Sale is needed to enforce “monster homes” or “illegal vacation rentals”.

The isolated problems with monster homes and illegal vacation rentals are not compelling enough to provide counties with this unfettered powers. DPP needs to examine why monster homes are approved for permits in the first place. There was a time when a property owner could only build up to 50% of its land area. Incrementally, the city has approved regulations and ordinances that allow increased density in its land-use legislation.

As a matter of public policy making and with a bigger picture, providing all counties with this Power of Sale for the above alleged reason is akin to tearing down a Cathedral to fry an egg.

Ordinary citizens cannot afford expensive legal representation to make sure their side of the story is heard and fairly considered in the legislative decision-making.

Affluent and well-connected citizens have the means to circumvent DPP. Ordinary citizens will become the casualties of this powerful and overreaching legislation.

This Power of Sale (aka Non-judicial Foreclosure) is overreaching and tyrannical. This Power of Sale authority makes every property owner a sitting duck at the whim of the city.

Basing a POWER of SALE ( aka NON-Judicial Foreclosure) through DPP fines and recorded liens is the worst possible exposure for more corruption and possible political retaliation.  

The City and County of Honolulu requested this same power aka “non-judicial foreclosure” in 2022. 

Please read the 2022 written testimonies that provide a very brief summary of this issue. This far-reaching governmental power will affect all Counties but it was one of the best-kept secrets in 2022. It is the same in 2023.

Please protect Due Process and protect private property rights. As if Eminent Domain is insufficient for the government, the Honolulu County is again asking for a quick Power of Sale aka non-judicial foreclosure.

This governmental power is too much to bear in a democratic society. Private Property Rights must be revered as one of Democracy’s foundational pillars. The counties have other options.

Monster Bill 10: How many tails are waging this Bill?

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Bill 10 is attempting to overhaul the Honolulu County Chapter 21 – Land Use Ordinances. This is a big undertaking.

February 3, 2022. Bill 10 was introduced by Chair Tommy Waters (By Request)

March 3, 2022.The Director of Department of Planning and Permitting (DPP) asked for 180-days extension at this Zoning and Planning Committee Meeting.

August 25, 2022. Here are the minutes for the Zoning and Planning Commission.

September 9, 2022 A request for a second delay. The Director of DPP asked for 120-day extension.

Who is behind the creation and substantial overhaul of this Bill 10?

Isn’t this a DPP-propelled document?

Why is DPP asking for yet another extension?

On the other hand, why is the Honolulu City Council wanting to fast-track Bill 10?

Who is really behind this omnibus Bill 10?

REFERENCES:

Testimonies supporting or opposing the bills are always interesting to read.

  •  M-0058(22) – Testimony on BILL010(22) for Feb 23, 2022 @ 10:00 AM Council Meeting.
  •  M-0069(22) – Testimony on BILL010(22) for March 3, 2022 @ 09:00 AM Zoning and Planning Meeting.
  •  M-0156(22) – Testimony on BILL010(22) for Apr 21, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0280(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0286(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0324(22) – Testimony on BILL010(22) for Aug 25, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0339(22) – HAWAII STATE ENERGY OFFICE – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
  •  M-0346(22) – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
  •  M-0351(22) – Testiimony on Bill 10 (2022) for 08/25/22 @ 9:00 AM Zoning and Planning meeting.
  •  M-0370(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM Council Meeting.
  •  M-0373(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM COUNCIL Meeting.
  •  M-0387(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting
  •  M-0411(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting.
  •  M-0417(22) – Testimony on BILL010(22) for Sep 26, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0450(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0460(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.

Bill 10: Council Chair Tommy Waters told public to pay more attention

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At the end of the October 20, 2022 Planning and Zoning Committee, Chair Tommy Waters told the public to pay more attention saying that the Bill 10 was introduced on February 3, 2022.

OUCH!

Funny thing I was just thinking that even the single – vacation rental – issue took years to reach a conclusion.

With the vacation rental issue alone, after years of acrimony during the Caldwell Administration, the new Blangiardi overhauled Bill 89 and came up with a new Bill 41 aka Ordinance 22-7. Presently, there is a District Court Preliminary Injunction Order on October 3, 2022.

Why would the public be so alarmed with Bill 10 at this stage?

Could it possibly be that the City Council members did not provide sufficient disclosure, education and outreach on this very sweeping and significant Bill that overhauls Oahu’s land use ordinance?

Seriously, how many city council members have read through the entire 239 pages approved and submitted to them by the Honolulu Planning Commission?

After the Second Reading of Bill 10 on September 26, 2022, two city council members felt the need to host informational town hall meetings for this Bill.

District 1 Andria Tupola hosted an hour Zoom meeting on October 19, 2022. It could have gone on for another two hours to work out amendments in the Ramseyer format.

District 3 Esther Kia’aina said she would host a town hall meeting on November 10. But it would be only on the Agricultural section.

If we watch the Bill 10 proceedings video here, we will note that ONLY amendments that were submitted by ONLY the City Council members were accepted or not accepted by the Council Planning Chair. Other various suggestions and concerns by the public appear to be lost in the pile of oral and written testimonies.

Inevitably, there is a whole lot of reading. Contrary to what the Chair may say, there are a lot of substantial changes to the Land Use Ordinances (LUO). It’s not just an update.

Add to this commotion is the public mistrust that this omnibus Bill is so huge that there may be changes slipped into the documents. The contents are also complicated and technical. This is not a bill to ban fireworks. This is a bill on how the city will control and regulate the lifestyle and communities of Oahu. The public is wary that does not have the time or resources to comb through it line by line.

Here is the reading list.

Approved Versions

Proposed Drafts

Related Communications

  •  CC-230(22) – ELEFANTE – Bill 10 (2022) Relating to Use Regulations.
  •  CC-237(22) – TUPOLA – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-241(22) – WATERS – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-249(22) – ELEFANTE – Proposed additional amendments to Bill 10 (2022).
  •  CC-250(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
  •  CC-268(22) – ELEFANTE – Bill 10 CD1 (2022), Relating to Use Regulations.
  •  CC-273(22) – TUPOLA – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-274(22) – KIAʻĀINA – Bill 10 CD2 (2022), Relating to Use Regulations.
  •  CC-275(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-276(22) – CORDERO – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-280(22) – TSUNEYOSHI – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-281(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-286(22) – ELEFANTE – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-295(22) – SAY – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-296(22) – ELEFANTE – Proposed additional amendments to Bill 10, CD1 (2022).
  •  CC-297(22) – ELEFANTE – Disclosure of Interest Statement on Bill 10 (22), CD1. File
  •  CC-298(22) – ELEFANTE – Disclosure of Interest Statement on Bill 10 (22), CD1. File
  •  CC-305(22) – ELEFANTE – Bill 10 CD2 (2022), Relating to Use Regulations.
  •  CC-309(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD2.
  •  CC-310(22) – TUPOLA – Proposed amendments to Bill 10 (2022), CD2.
  •  CC-311(22) – ELEFANTE – Proposed Additional Amendments to BILL 10, CD1 (2022).
  •  CC-313(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD2
  •  CC-314(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (22), CD1. FILE
  •  CC-315(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (22), CD1. FILE
  •  CC-316(22) – ELEFANTE – Zoning and Planning Chair’s Recommendations on Proposed Additional Amendments to BILL 10, CD2 (2022).
  •  CC-319(22) – TUPOLA – United States Court of Appeals Opinion 47.
  •  CC-320(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
  •  CC-321(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
  •  D-0074(22) – PLANNING COMMISSION – Draft Bill to Request Amendments to Chapter 21, Revised Ordinances of Honolulu (ROH), 1990 Land Use Ordinance (LUO), Relating to Use Regulations.
  •  D-0127(22) – PLANNING AND PERMITTING – Request for Extension of Time for Processing Bill 10 (2022) Relating to Use Regulations.
  •  D-0130(22) – PLANNING AND PERMITTING – Testimony in Support of Bill 10 (2022) Relating to Use Regulations.
  •  D-0269(22) – PLANNING AND PERMITTING – Additional summary information for Bill 10 (2022).
  •  D-0273(22) – Presentation on Bill 10 (2022) for 04/21/22 Zoning and Planning meeting.
  •  D-0532(22) – KAILUA NEIGHBORHOOD BOARD NO. 31 – Recommendations Pertaining to the Proposed Land Use Ordinance (LUO) Chapter 21 Changes Proposed by Bill 10 (2022) for the July 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting..
  •  D-0576(22) – PLANNING AND PERMITTING – Departmental Response to Proposed Amendments in Bill 10, CD1 (2022) Relating to Use Regulations Chapter 21, Revised Ordinances of Honolulu Land Use Ordinance (LUO).
  •  D-0583(22) – PLANNING AND PERMITTING – Departmental Response to Councilmember Questions Bill 10, CD1 (2022) Relating to Use Regulations In the B-1 and B-2 Business Districts, Chapter 21, Revised Ordinances of Honolulu – Land Use Ordinance (LUO)
  •  D-0622(22) – PLANNING AND PERMITTING – Presentation on briefing item #10 for the August 25, 2022 @ 09:00 AM Zoning And Planning meeting.
  •  D-0658(22) – PLANNING AND PERMITTING – Request for Second Extension of Time for Processing Bill 10 (2022) Relating to Use Regulations.
  •  D-0699(22) – PLANNING AND PERMITTING – Response to questions from the Committee on Zoning and Planning Special Meeting on September 26, 2022.
  •  MM-162(22) – CLIMATE CHANGE, SUSTAINABILITY AND RESILIENCY – Bill 10 (2022), CD1 Relating to Use Regulations.
  •  M-0058(22) – Testimony on BILL010(22) for Feb 23, 2022 @ 10:00 AM Council Meeting.
  •  M-0069(22) – Testimony on BILL010(22) for March 3, 2022 @ 09:00 AM Zoning and Planning Meeting.
  •  M-0156(22) – Testimony on BILL010(22) for Apr 21, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0280(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0286(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0324(22) – Testimony on BILL010(22) for Aug 25, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0339(22) – HAWAII STATE ENERGY OFFICE – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
  •  M-0346(22) – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
  •  M-0351(22) – Testimony on Bill 10 (2022) for 08/25/22 @ 9:00 AM Zoning and Planning meeting.
  •  M-0370(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM Council Meeting.
  •  M-0373(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM COUNCIL Meeting.
  •  M-0387(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting
  •  M-0411(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting.
  •  M-0417(22) – Testimony on BILL010(22) for Sep 26, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0450(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0460(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.

Elections 2022: Honolulu City Charter Amendments

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Here they are. What do you think? What are the multiplier impacts of these changes? Will it improve the issue? Who will it benefit? Is it needed? How much would it cost?

Charter Question #1. Shall the Revised City Charter be amended to increase the mandatory percentage of the City’s estimated real property tax revenues to be appropriated annually for deposit into the Affordable Housing Fund from one-half of one percent to one percent?

Charter Question #2. Shall the Revised City Charter be amended to require that the Planning Commission have at least one member with substantial experience or expertise in one of the following categories of disciplines, that each of the categories be represented by a different member, and that all of the categories are represented on the commission:

Charter Question #3. Shall the Revised City Charter be amended to expand the permitted use of funds in the Clean Water and Natural Lands Fund to include funding for costs related to the operation, maintenance, and management of lands acquired by way of this Fund that are necessary to protect, maintain, or restore resources at risk on these lands, such as infrastructure, environmental remediation, or improvements to provide for public access and use?

Charter Question #4. Shall the Revised City Charter be amended to update the provisions pertaining to the Office of Council Services (“OCS”), the research and drafting arm of the Council, to reflect its current functions; consolidate various provisions relating to the OCS in a separate Chapter of the Revised Charter like its fellow Legislative Branch agencies, the Office of the City Clerk and Office of the City Auditor, provide for the appointment, salary, and duties of the OCS director; and expressly recognize the authority of the licensed attorneys in the OCS to provide legal advice to the City Council and its members?

The full text of these amendments are available for review. Visit honoluluelections.us.

Honolulu Planning Commission does not represent mainstream Oahu’s interests

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Board and Commissions are meant to provide another level of independent grassroots experiences and understanding to the political decision-makers. However, many of these major Boards have become an extension of the politicians and made up of the lobbyists, political donors, trade industries and legal Oligarchy.

We’re not placing a judgment on the nominated members. They are not elected to represent the people although there are basic requisites and Standards of Conduct expected. But we’re placing the judgment on the Mayors and the City Council members who are the elected decision-makers expected to watch out for the overall public good and public interest.

Is there fairness or a diversified representation of Oahu’s population in these nomination and appointment process? The City Council should not be simply a rubber-stamp of the Office of the Mayor.

This is the Planning Commission that recently reviewed Bill 10 to significantly amend Oahu’s Land Use Ordinances. Bill 10 became controversial because many residents are expressing grave concerns about the lack of grassroots participation.

Here are the members as of this writing:

Brian Lee was appointed by Mayor Kirk Caldwell. Affiliations: Hawaii Laborers & Employers Cooperation and Education Trust Fund. Hawaii LECET -Executive Director
Intnl. Brotherhood of Electrical Workers -Director of Research & Communications
Hawaii Construction Industry Association -Executive Director

Ryan Kamo was appointed by Mayor Kirk Caldwell. Affiliations: Design Partners Incorporated.

Hilarie Alomar was appointed by Mayor Rick Blangiardi. Affiliations: Kamehameha Schools – Commercial Real Estate Division, TOWNSCAPE INC.

Melissa May was appointed by Mayor Rick Blangiardi. Affiliations: SSFM International, SSFM International (2013-present) – Senior Planner, Associate Hawaii Fashion Incubator (2006-2017) – Co-founder Group 70 International (2012-2013) – Planner
Lumen Solar LLC (2010-2013)

Ken Hayashida was re-appointed by Mayor Kirk Caldwell in 2019. Affiliations: KAI Hawaii. lnc.-Structural Engineers.

Nathaniel Kinney was appointed by Mayor Rick Blangiardi. Affiliations: Executive Director, Hawaii Construction Alliance. Served on the Honolulu Fire Commission.

Pane Meatoga III was appointed by Mayor Rick Blangiardi. Affiliations: Hawaii Operating Engineers Industry Stabilization Fund, Community Liaison. Polynesian Cultural Center Marketing Manager. He’s in the process of being re-appointed in 2022 as of this writing.

Kai Nani Kraut was appointed by Mayor Rick Blangiardi. Afiliations: QRSE, LLC -Environmental consulting with DTS. Design of projects that require permitting through
DPP. HDR, Inc, Honolulu Authority for Rapid Transit Project (HRTP), Sun Edison WindFarm, Honolulu County Deputy Director of Transportation,

Responsibilities and scope of Planning Commission

The Honolulu Planning Commission website says this:

  • Advises the Mayor, County Council, and Planning Director in matters concerning planning programs.
  • Reviews amendments to the General Plan, Development Plans, Zoning Ordinances, and State Land Use district boundaries of 15 acres or less, and after public hearings, transmits findings and recommendations to the County Council for consideration and action.
  • Acts as the authority for the City on State Special Use Permits.

The Honolulu City Charter description of the Planning Commission says this on page 65:

Section 6-1506. Powers, Duties and Functions —
The planning commission shall:
(a) Advise the mayor, council and the director of planning and permitting on
matters concerning the planning programs.
(b) Hold public hearings and make recommendations on all proposals to adopt
or amend the general plan, development plans, and zoning ordinances. The
commission shall complete its review and transmit its recommendations
through the mayor to the council for consideration and action in a timely
manner.
(c) Perform such other related duties as may be necessary to fulfill its
responsibilities under this charter or as may be assigned by the mayor or the
council.
(1998 General Election Charter Amendment Question No. 1(III))

References: Are the appointments contributing to these expectations and ideals for Honolulu’s Boards and Commissions? Is there diversification and a fair representation across Oahu’s population?

ARTICLE XI –
STANDARDS OF CONDUCT.
Section 11-101. Declaration of Policy — ( Page 101)
Elected and appointed officers and employees shall demonstrate by their
example the highest standards of ethical conduct, to the end that the public may
justifiably have trust and confidence in the integrity of government. They, as agents
of public purpose, shall hold their offices or positions for the benefit of the public,
shall recognize that the public interest is their primary concern, and shall faithfully
discharge the duties of their offices regardless of personal considerations.

Section 11-104. Fair and Equal Treatment — (page 103)
Elected or appointed officers or employees shall not use their official positions to
secure or grant special consideration, treatment, advantage, privilege or exemption to
themselves or any person beyond that which is available to every other person.
(Reso. 83-357)

Omnibus Bill 10 (22) Proposed Amendments – What is Transfer of Development?

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Bill 10 was introduced for First Reading on February 23, 2022 Agenda on page 15. Relating to use regulations. (Addressing the regulation of
uses throughout Chapter 21, Revised Ordinances of
Honolulu 1990 (“Land Use Ordinance”).

The proposed amendments are far-reaching. But it’s a very technical piece of document that covers 239 pages. Bill 10 (22) includes the following:

BILL 10 (2022)
RELATING TO USE REGULATIONS.
PART I. BRIEF SUMMARY BY SUBJECT MATTER

  1. Transfer of development. The agreement running with the land for all donor and
    receiving zoning lots must remain in effect for a minimum of 60 years (instead of
    30 years). Clarifies that for the transfer of development (floor area only) from a
    donor zoning lot with a historic site to a receiving zoning lot, or for the transfer of
    development (floor area or number of dwelling units only) from a donor zoning lot
    within the special management area to a receiving zoning lot, all other
    requirements and standards applicable to the receiving zoning lot and its
    underlying zoning district remain in effect.

What is the above proposed LUO amendment about?

Is the longer version below of “Transfer of development” easier to understand for the public?

Bill 10 (22) Monster Omnibus Bill – Does the City Council itself have sufficient time to study?

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This Blangiardi Agenda to amend and overhaul Chapter 21 is a sweeping action that contains 239 pages of fine print and technical knowledge. It will become the Bible for Oahu’s Land Use Ordinances for residents, developers and all property owners.

It appears that perhaps the City Council members themselves may not have the opportunity to study the entire document and its multiplier impacts on Oahu and its residents.

On July 18, 2022, the Zoning and Planning Chair Brandon Elefante requested input from other city council members. He even provided the format on how to submit amendments to Bill 10.

Ideally, wouldn’t it be helpful to constituents to hear from their City Council members about this sweeping Bill 10 that will literally affect their lives?

Considering that District 2 has many severe concerns in so many areas, it’s questionable why City Council woman Heidi Tsuneyoshi is only focusing on one little aspect of this Omnibus Bill 10 that relates to the future industrial turbines buffer zone.

Boundaries for the 9 City Council District. District 2 has a lot of agricultural-zoned lands as well as shorelines.

Based on the city records, this is what District 2 City Councilwoman Heidi Tsuneyoshi contributed the following amendment to this Monster Bill 10 deliberation.

What about other critical amendments to protect the Oahu General Plan, the North Shore and the Ko;olauloa Sustainable Communities values? What about the agricultural-zoned land and the farmers? Neighborhood Business-zoned parcels? What about food trucks businesses?

These are the Bill 10 amendments provided by the Honolulu City Council members:

  •  CC-237(22) – TUPOLA – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-241(22) – WATERS – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-249(22) – ELEFANTE – Proposed additional amendments to Bill 10 (2022).
  •  CC-268(22) – ELEFANTE – Bill 10 CD1 (2022), Relating to Use Regulations.
  •  CC-273(22) – TUPOLA – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-274(22) – KIAʻĀINA – Bill 10 CD2 (2022), Relating to Use Regulations.
  •  CC-275(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-276(22) – CORDERO – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-280(22) – TSUNEYOSHI – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-281(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD1
  •  D-0074(22) – PLANNING COMMISSION – Draft Bill to Request Amendments to Chapter 21, Revised Ordinances of Honolulu (ROH), 1990 Land Use Ordinance (LUO), Relating to Use Regulations.