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Kailua Neighborhood Board


CALL TO ORDER: Chair Faith Evans called the meeting to order at 7:00 p.m. with a quorum present.

Chair Evans thanked Lillian Hong for the professional job that she does in filming the Board meetings each month.

MEMBERS PRESENT: Lawrence Bartley, Kathy Bryant-Hunter (7:15 p.m.), Jon Chinen, Jim Corcoran, Faith Evans, Harold Falk, Charles (Chip) Fletcher, Pamela Garrison, Debbi Glanstein, Bruce Huddleston (7:02 p.m.), Knud Lindgard, Duane Samson (8:25 p.m.), Barry Silverman, Claudine Tomasa, Robert (Bob) Vieira, Barry Wong, Donna Wong (7:15 p.m.).

MEMBERS ABSENT: George Gonsalves, Jr. (excused), Charles Prentiss (excused).

GUESTS: Patricia Nekoba - (Mayor's Representative - Department of Customer Services), April Coloretti (Councilmember Steve Homes), Kenny McDonald (Councilmember John Henry Felix's Office staff), Senator Fred Hemmings, Jim Henshaw (Senator Bob Hogue's Office staff), Bob Carter and Barbara Krasniewski (Senator Fred Hemmings' Office staff), Representative David Pendleton, Representative Joe Gomes, Lieutenant Barry Bright and Officer Alfred Kanoho (Honolulu Police Department); Acting Captain Raul Fallau (Honolulu Fire Department), 1st Lieutenant Kent D. Robbins (MCBH), Jennifer Lee (Department of Parks and Recreation - Aikahi District Park), Shannon Wood (The Koolau News), Chad Castle, Courtney Brown, Pohai Ryan (Kailua Chamber of Commerce), Maria T. Gorak, Greg Uyechi, Toni Cofran, Chris Delannay, Lillian Hong (Olelo), Mahealani Hanohano (Neighborhood Assistant).

Huddleston arrived at 7:02 p.m. (14 members present).


HONOLULU POLICE DEPARTMENT (HPD) - WINDWARD DISTRICT-4 - Officer Alfred Kanoho, of District-4, distributed a detailed monthly report and highlighted the following for December 2001: 1) Lieutenant Grant Loo has retired from HPD. 2) Crime Statistics for District-4: a) There were a total of 57 burglaries: Beat 455 (Maunawili/Olomana) - 6; beat 456 (Enchanted Lakes - 11; beat 458 (business district) - 8; beat 459 (Lanikai Beach Park) - 12; beat 461 (Coconut Grove) - 11; beat 462 (Aikahi) - 9. b) There were a total of 83 thefts in District-4: Beat 455 - 17; beat 456 - 12; beat 458 - 14; beat 459 - 16; beat 461 - 14; beat 462 - 10. c) There were a total of 3 robberies: Beat 458 - 2; beat 461 - 1. d) There were a total of 10 vehicle thefts: Beat 455 - 1; beat 456 -3; beat 458 - 1; beat 461 - 4; beat 462 - 1. 3) Crime rates in the area have increased due to a group of suspects that HPD is aware of and in the process of taking them into custody. 4) Officer Kanoho introduced Lieutenant Barry Bright, of District-4, Community Area of Responsibility (CAR) 4.

Lieutenant Bright reported that Lieutenant Andrew Speese will be the new District-4 lieutenant to attend the monthly Board meetings.

DEPARTMENT OF PARKS AND RECREATION (DPR) - Jennifer Lee, of Aikahi District Park, reported the following: 1) Registration for the Spring Programs will be on Wednesday, January 9, 2002, 6:00 to 8:00 p.m. and January 10 and 11, 2002, 2:00 to 5:30 p.m. at area district parks. Spring Programs for children, teenagers and adults will begin on January 22, 2002. For further questions call 266-7652. 2) Sharon Tomita will be the new Kailua District Recreation Director beginning January 7, 2002.

MARINE CORPS LIAISON - 1st Lieutenant Kent D. Robbins, of the Marine Corps Base Hawaii (MCBH) - Public Affairs Office, distributed the monthly report and highlighted the following: 1) Major Chris Hughes has been deployed overseas to Bahrain to fight the nation's war on terrorism. 2) The 50th Anniversary of Marine Corps Air Station will be held on January 15, 2002 at the Kaneohe Marine Corps Base. 3) The Annual Great Aloha Run will be held on February 18, 2002, 7:00 a.m. and begins at Aloha Tower Marketplace and ends at Aloha Stadium. 4) The unveiling of the Iwo Jima Monument at MCBH Kaneohe Bay will be held on March 16, 2002. Printed pictures of the monument are on sale at 5) The University of Hawaii's Women's Golf Team will conduct their annual Dr. Donnis Thompson Collegiate Invitational tournament at the Klipper Golf Course. 6) 1st Lieutenant Robbins relayed a message from Major Hughes and stated that the major looks forward to seeing the Board at the February 2002 Regular Board meeting.

HONOLULU FIRE DEPARTMENT (HFD) - Acting Captain Raul Fallau, of the Kailua Station, reported the following: 1) Statistics for December 2001: There were 3 structure, 2 brush, and 5 vehicle fires; 43 medical emergencies, 7 search and rescue and 33 miscellaneous calls for response. 2) An unusual incident occurred on December 31, 2001 when a dog needed to be rescued for getting his head stuck in a fence. 3) Fire Safety Tip: “Prepare a fire escape plan. Map out you escape routes with at least two ways out of each room. Designate a location outside the house where everyone can meet. Know where the closest phone is located to call 911.” 4) Fire Fighter's Safety and Health Guides for Senior Citizens are available free at all fire stations, medical facilities, the City Store in Ala Moana Shopping Center, Costco, City & County of Honolulu senior centers and the State of Hawaii Executive Office on Aging. The information provided in the pamphlets are beneficial to all ages. The guides may also be obtained by contacting HFD's Community Relations Office at 831-7747. 5) Wished the Board and guests a safe and happy New Year.

Bryant-Hunter and D. Wong arrived at 7:15 p.m. (16 members present).


MAYOR'S REPRESENTATIVE _ Pat Nekoba distributed her report and highlighted the following: 1) The City must request funding for traffic calming improvements on Kihapai Street. 2) The Department of Parks and Recreation (DPR) has taken no position in regard to the suggestion that a gate be installed at the Lanikai Boat Ramp, Parking Lot “C”. 3) Basketball courts resurfacing and re-striping must be completed before the installation of rims and nets at Kailua District Park. The project should be completed by the end of January 2002. 4) Board members should have received the requested copies of the Vision Team's types and categories of requested Capital Improvement Projects (CIP). 5) Beginning January 1, 2002 the new state rules that require all applicants for permanent disability placard renewals, who must renew every four years, to be re-certified by their physicians. Temporary disabled placard recipients will continue to be issued every 6 months with a physician's re-certification. Applications may be taken 60 days prior to the expiration date. 6) Wished the Board a Happy New Year on behalf of the Mayor. Thanked the Board and community members who continue active involvement in supporting the work of the Board. 7) Encouraged everyone to attend Sunset on the Beach held every Saturday and Sunday at the Kapahulu Pier on Kuhio Beach from 4:00 to 9:00 p.m. 8) The next Brunch on the Beach will be held on Sunday, January 13, 2002, 10:00 a.m. to 1:00 p.m. on Kalakaua Avenue.

Pohai Ryan, of the Kailua Chamber of Commerce, and former Board member, announced that Sunset on the Beach is proposed to be at Kailua Beach Park for the weekend of January 26 and 27, 2002 featuring The Planet of the Apes and Grease respectively. The event would support the Kailua business community. Extra parking will be provided at Kailua Elementary and Intermediate School with shuttles to Kailua Beach Park.

GOVERNOR'S REPRESENTATIVE _ There was no representative present.

COUNCILMEMBER JOHN HENRY FELIX _ Kenny McDonald distributed Councilmember John Henry Felix's monthly report and had 2001 tax forms available.

COUNCILMEMBER STEVE HOLMES _ April Coloretti reported that Councilmember Steve Holmes is the Chair of the Budget Committee that will hold an informational workshop regarding real property tax assessments on Wednesday, January 9, 2002, 9:00 a.m. at the City Council Committee Room, Honolulu Hale.

Bob Carter and Barbara Krasniewski distributed Senator Fred Hemmings' monthly report and the 2002 Legislative Timetable. Senator Fred Hemmings reported the following: 1) The upcoming Legislative Session will begin on Wednesday, January 16, 2002 with an open house at the State Capital. 2) Beach attrition is a State issue that should be taken up by area Senators and House Representatives and public beach access is a City and County issue that should be taken up by area Councilmembers. 3) The issues regarding charter school teachers health and medical benefits is ongoing and needs to be addressed through legislation.

SENATOR BOB HOGUE _ Jim Henshaw reported the following for Senator Bob Hogue: 1) He will introduce legislation to improve the traffic camera program by focusing on traffic safety and not generating state revenue. One possibility is to continue the red light program and correct the speeding program by mandating the operators of the speeding program to photograph the actual driver of the speeding vehicle and not just penalize the registered owner of the vehicle by photographing the vehicles' license plate. Any vehicle currently found going over nine miles of the speed limit will be penalized. 2) He feels that the money in the Hurricane Relief Fund should remain in there in case of any future hurricane and requests community input on this matter.

REPRESENTATIVE JOE GOMES _ Representative Joe Gomes distributed his monthly report and was available for questions.

REPRESENTATIVE DAVID PENDLETON _ Representative David Pendleton distributed his monthly report and stated that he disagrees with the Governor's following proposals to boost Hawaii's economy due to the downfall caused by the September 11, 2001 tragedy: a) delaying payments by the state into the Employment Retirement System (ERS); b) using monies from the Hawaii Hurricane Fund; c) alcohol tax fix; d) placing a cap on the amount of revenues from the Hotel Tax which goes toward tourism promotion; e) legalized gambling.

Representative Pendleton also reported the following: 1) The revenues lost due to the economic decline will be in the hundreds of millions of dollars. 2) The Governor's proposals would only address the issues on a short-term basis. 3) Gambling would increase crime and current economic struggles. 4) Downsizing government through attrition would dramatically decrease government costs.

REPRESENTATIVE CYNTHIA THIELEN _ Representative Thielen was unable to attend tonight's meeting.

QUESTIONS, ANSWERS AND COMMENTS: Agency representatives and elected officials responded to questions asked by Board members and guests.

1) Coloretti reported that Councilmember Holes requested funding to purchase the 1,084-acre parcel for a park at Luana Hills Country Club. Access to the Olomana trails is through the golf course property and hikers' vehicles have been repeatedly towed for parking in the surrounding residential area. Hikers cut through residences' yards to access Maunawili Falls to avoid accessing the trail at the golf course. There are many archeological sites and native plants on the golf course property.

Councilmember Homes has the intent to form a recreational community-based master plan for the property.

2) Representative Pendleton expressed concern regarding the Governor's proposal to limit spending on tourism promotion during a time when visitor rates are down and stated that the state should maximize exposure.

3) Officer Kanoho stated that he would look into the complaint and concern regarding vehicles parking in the area of 741 North Kalaheo Avenue.

4) Nekoba will look into the status of the work order that was issued on August 30, 2001 to install pedestrian crossing signs on Kailua Road just past Times Supermarket due to frustration residents expressed for the length of time the project is taking to be done.

5) Senator Hemmings expressed the need to do away with the Jones Act that mandates that foreign vessels stop at Kiribati if passing between U.S. ports and stated that it is a monopoly.

6) Senator Hemmings opposes legalizing gambling in Hawaii and stated that it would be a poor character change for Hawaii's economy. Representative Pendleton opposes legalizing gambling in Hawaii and stated that is not a long-term fix. Representative Gomes opposes all forms of gambling in Hawaii.

7) Officer Kanoho will look into monitoring the construction area the Keolu Drive Skate Park due to the safety concern regarding children playing in the area.

8) 1st Lieutenant Robbins will inform the Board when KMCB will be open to fishermen.

9) Nekoba will look into the Board's request for acquiring land from the State for a bus shelter at Auloa Road and Kamehameha Highway. Board members expressed concern for the safety hazard and the need for a bus shelter in that area and suggested a nearby State owned site.

10) Nekoba will provide a list of Vision Team Champions for each project.

11) Senator Hemmings will further examine the study regarding the estimated shortfall in State revenues. The Governor's proposed solution is to increase taxes or use money from the Hurricane Relief Fund.

12) Coloretti stated that the informational workshop regarding real property tax assessments on January 9, 2002 will also be aired on Olelo channel 54 and may have information regarding the criteria regarding tax assessment. It was noted that the requirements for assessments are needed to appeal. It was noted that homes are separately assessed by the property value of specific districts.

13) McDonald reported that the Board should support a request for additional Capital Improvement Project (CIP) funding for construction of a Lanikai Triangle Park. It was expressed that the Board may not have enough money left over in the CIP $1 million requests to fund the project. McDonald stated that the Board needs to show that the matter is still a priority of the community and should not affect the already requested $1 million priority projects.

14) The request that the Mayor discontinue stating that property taxes have not been raised for many years when it has been raised was noted.

15) McDonald stated that January 15, 2002 is the deadline to submit requests to appeal real property taxes.

APPROVAL OF MINUTES OF REGULAR MEETING OF DECEMBER 6, 2001: The following corrections were made:

Page 1, last paragraph, item 2, should read: “Major Susan Dowsett, wrote a letter to the Board.”

Page 2, 2nd to the last paragraph, the last line should be deleted and replaced with: “DTS will be in touch with the residents.

Page 2, last paragraph, 5th line, should read: “There will be complete renovation of 79 classrooms.”

Page 6, 2nd paragraph, all references to Kaimoani Way should be deleted.

Page 7, 2nd to the last paragraph, item 2, should be deleted.

Page 8, 7th paragraph, last sentence, should read: “.residents of the Kailuana community propose a beach access.”

Page 11, under Announcements, item 1 should read: “D. Wong requested that Gonsalves be asked too approach the Kailua Chamber of Commerce to look into Bill 96.”

In response to a comment made by Bartley, Chair Evans stated that the Neighborhood Assistant does the minutes of regular Board meetings and that the Board's Secretary has the responsibility of keeping a journal of the meeting according to findings by Corporation Counsel and the Neighborhood Plan.

Vieira moved and Chinen seconded that the Board approve the Minutes of Regular Board meeting of December 6, 2002 as corrected. The motion carried, 15-0-1. Abstain: Bartley.


REPORT ON PROPOSED ACCESS ROAD FOR KAILUA HIGH SCHOOL _ Chair Evans stated that the Board received a copy of a letter indicating that the Governor is in support of the proposed access road and funding as long as the City maintains it.

1) Maria Gorak and Toni Cofran requested that the Board consider undertaking the issue for an animal sanctuary in Kailua. It was stated that spaying or neutering and providing additional shelters for the animals' protection could decrease the stray animal population.

McDonald will look into whether there is a City ordinance that prohibits feeding stray animals.

The matter was referred to the Government and Community Services Committee.

2) Gorak expressed concern regarding loud noise from the Kailua Zippy's parking lot area heard from her adjacent home at Lani Huli in the early morning.

Discussion followed: 1) It was mentioned that the senior housing complex is next to Zippy's and other late night establishments, which is inappropriate. 2) It was suggested that the residents of Lani Huli write a letter to Zippys' management requesting heavier night security.

3) Shannon Wood requested that the Board be actively involved in the planning of the Koolau Rebuild and Heritage System and Windward Multipurpose Campus Projects. The State Planning Committee meetings regarding this issue will be held on Saturday, January 5 and 26, 2002 in Waimanalo to invitees only.

The matter was referred to the Environment Committee.

Samson arrived at 8:25 p.m. (17 members present).


FINALIZATION OF $1 MILLION CAPITOL IMPROVEMENTS PROJECTS (CIP) FOR 2003 _ The final list of CIP Projects for fiscal year 2003 as well as comments on that list were mailed out with the January 2002 agenda. Copies of the City's comments on the Board's requests were available.

D. Wong moved for the Planning and Zoning Committee that the Board submit the following list of CIPs to the City Administration for inclusion in it's fiscal year 2003 CIP Budget proposals: 1) Traffic Calming on Wanaao Road. (Charette completed) Design and Construction: $75,000. 2) Traffic Calming on Mokapu Road using speed tables at existing crosswalks at Nunu Street, Old Mokapu Road and Aikahi Loop. Design and Construction: $200,000. (Amount could be reduced if City uses some FY02 funds). 3) Beach Access north end of Kailua Beach. Planning and Design: $20,000. 4) Redesign of Kailua District Park buildings to create a modern recreation and learning center. Planning and Design: $229,000. 5) Bus Shelter Honolulu Bound at Auloa Road (Kailua end) and Kalanianaole Highway. (Requires coordination with State DOT for additional land.) Design and Construction: $12,000. 6) Landscaping to improve views of Kawai Nui Marsh between Castle Medical Center and Quarry Road (including a tree plan). Request is for City funds to improve State property. Design and Construction $50,000. 7) Driveway/Walkway Lights along entry way to Kalama Beach Park. Request solar powered lights. Design and Construction: $20,000. 8) Additional Basketball Court at Enchanted Lake Elementary Park. Design and Construction: $200,000. 9) Lifeguard Station at Kalama Beach Park. Design and Construction: $12,000. (Also request operating budget for a lifeguard position to staff the station). 10) Bicycle Racks at bus stops. Design and Construction: $ 12, 000. The Board can provide locations. (This request is included in case funds are not available from FY02 budget, and so that Kailua does not have to compete with other areas of the island in FY03. Please have Cris Sayers consider Kailua for FY02 funds). 11) Landscaping and Irrigation, Kaelepulu Stream mauka canoe storage area along road frontage. (Recommend design by Lani-Kailua Outdoor Circle). Construction: $10,000. 12) Energy retrofit of Kailua City owned buildings to reduce dependence upon fossil fuels. Design & Construction: $275,000. (Feasibility study of solar air conditioning already done by Kailua Neighborhood Board member and submitted to the Mayor's representative). 13) Pedestrian and Traffic Safety Improvements for Alala and Kawailoa Roads from Alala Point to the bridge over Kaelepulu Stream (makai side). (Traffic calming and drainage improvements including street and pedestrian ways). Planning and Design: $160,000.

Discussion followed: 1) Item 3 has been modified from the original CIP requests to reflect that the funding allocation is for planning and design only without designating a specific site. It was noted that any beach access along Kalaheo Avenue would require condemnation of private property. Chair Evans read minutes regarding the Board's position in 1999: “The Kailua Neighborhood Board supports the need for public beach access on the North end of Kailua Beach and advises the City and the Department of Parks and Recreation (DPR) to cease in their actions to condemn private property for beach right-of-way at Kaimoani Way.” 2) Members of the Outdoor Circle have expressed concern regarding the landscaping of item 6. The proposal is for the City to develop a long-term landscaping and maintenance plan for the entire Kawai Nui Marsh area. 3) Discussion ensued regarding a request that the word “redesign” in item 4 be changed to “rebuild” because to indicate that the Board would like the Kailua District Park Recreation and Learning

Center to be rebuilt entirely. The monies allotted are only for the planning and design stages. It was resolved that due to the fact that the City interpreted previous description as a request for only simple remodeling that future meetings with the City can provide further clarification of the matter. 4) Discussion ensued regarding the Board's discussion and position on item 3 at last month's meeting. The minutes of last month's meeting were reviewed. Support was expressed regarding the Board's 1999 position for beach access on the North end of Kailua Beach and the request that the City decide on the specific site.

The motion carried 14-3-0. Aye: Bartley, Bryant-Hunter, Chinen, Corcoran, Falk, Fletcher, Garrison, Lindgard, Samson, Silverman, Tomasa, B. Wong, D. Wong, Evans. Nay: Glanstein, Huddleston, Vieira.



Evans moved and Corcoran seconded to establish a Board Policy which shall require committee chairs and other members to make a due diligence effort to notify property/home owners whenever the owner(s) property is being considered for a variance or any other action which would impact the owner(s) property. This shall include adjoining or abutting property.

Discussion followed: 1) Caution was expressed that Board would be liable if the Board fails to notify the property/home owner. 2) The Board was accused of not notifying surrounding property owners during the previous discussion regarding the condemnation of property for ironwood trees as well as the beach assess issue. 3) It was mentioned that the City should have the responsibility of making sure that property owners are notified. 4) It was noted that when a variance is submitted to the City and they refer the matter to the Board for action on a recommendation to the City's Department of Planning and Permitting (DPP). 5) If the Board is undertaking important issues the property owners must be notified. 6) Support was noted on the intent of the motion but caution was expressed on the position the Board would take to legally notify the property owners if a policy were established. 7) It was suggested that the Board seek the opinion of the Neighborhood Commission regarding this matter before taking action.

Glanstein moved and Evans seconded that the motion be amended to replace “shall require” to read “encourages” and replace “due diligence” to read “make reasonable efforts” so that the main motion reads: The Board supports the establishment of a Board Policy which shall encourage committee chairs and other members to make reasonable efforts to notify property/home owners whenever the owner(s) property is being considered for a variance or any other action which would impact the owner(s) property. This shall include adjoining or abutting property.

Discussion followed: 1) It was suggested that the Board seek the opinion of Corporation Counsel. 2) Discussion ensued regarding the definitions of “reasonable efforts”. 3) Support was expressed that the Board make an effort to inform involved property owners.

The motion to amend the main motion carried, 10-2-5. Aye: Bartley, Bryant-Hunter, Chinen, Fletcher, Glanstein, Huddleston, Samson, Tomasa, B. Wong, Evans. Nay: Corcoran, Lindgard. Abstain: Falk, Garrison, Silverman, Vieira, D. Wong.

During the above vote Fletcher wished to pass on his vote when his name was called. The request was contested. Acting Chair Chinen ruled to return to Fletcher's vote after the other Board members had voted.

Discussion followed: 1) Concern was expressed that committee chairs would be bound to the policy and that it would be scrutinized by other Board members when an issue is discussed. 2) It was mentioned that the Board should avoid being liable for lawsuits. 3) It was mentioned that the same Board members that criticized the Planning Committee Chair Prentiss for not notifying the issue regarding the ironwood trees are the same Board members speaking in opposition to tonight's motion. 4) It has not been discussed who and how to notify property owners. It is against federal law to place anything in a mailbox that has not been sent through the U.S. mail system.

Corcoran moved and Bartley seconded that the Board refer the matter to committee.

A point of order was called regarding whether the motion to refer takes precedence over the main motion.

The Board recessed from 9:06 to 9:09 p.m. to look into the matter.

Evans withdrew her motion and Corcoran withdrew his second.

Evans stated that the matter will be discussed in the future and noted that Board members that accused CIP, Planning and Zoning Committee Chair Prentiss of not notifying the community should realize that they are unwilling to support a policy that would address the problem.

Chair Evans presided over the meeting at this time.

Committee Chair Samson reviewed the following:

REPORT ON MEETING HELD WITH FISHERMAN, RESIDENTS AND HPD CONCERNING THE PROPOSED CLOSURE OF PARK “C” (LANIKAI END OF BOAT RAMP) _ As a result of the last committee meeting held with fisherman, residents and HPD, a citizens patrol will be organized for sections A, B and C of Kailua Beach Park. HPD will dedicate a Community Area of Response (CAR) officer to the citizens' patrol.

The comfort station will be moved 20-35 feet towards Times Supermarket from the previously proposed site located in the middle of Kailua District Park, near where the portable toilets are currently located. This new site will not compete with any of the existing playing fields.

Samson will keep the Board updated on the progress of the comfort station.


Fletcher distributed copies of a draft of a Board Policy regarding Seawall and Revetment. The matter will be discussed at the Environmental Committee meeting on Tuesday, January 15, 2001, 7:00 p.m. at Kalama Beach Park, Boettcher Estate.



Committee Chair Glanstein distributed a handout and reviewed the following:

Tomasa stated that Senator Hemmings raised the concern that funding was being cut for the Lanikai Charter School at last month's meeting. The Lanikai Charter School Principal was involved in discussion and formulating the motion to the full board.

Tomasa moved for the Government and Community Services Committee that the Board advises, recommends and supports a change in existing school laws to assure that funding to Lanikai Elementary School is equitable with other public schools.

Discussion followed: 1) The Board of Education (BOE) and the Department of Education (DOE) will give less funding to charter schools. 2) Board members and guests spoke in support of the motion. 3) Need was expressed for more charter schools around the island. 4) The matter is supported by community members.

The motion carried unanimously, 17-0-0.

Tomasa moved for the Government and Community Services Committee that the Board advises, recommends and supports continuation of Lanikai Charter School teachers as public school teachers with DOE status.

Tomasa stated that the matter was recommended by the school's principal so that the Lanikai Charter School Teachers could retain their 10-year status.

The motion carried unanimously, 17-0-0.

Glanstein had copies of the State of Hawaii Revised Statues regarding public rights-of-way to the sea as well as the City & County of Honolulu Revised Ordinances regarding the general principles and controls for parks, recreation and preservation areas for the Board to review.

Glanstein reported the following: 1) The bill is to prohibit smoking in any restaurant, but the prohibition on smoking shall apply only as follows: (a) In every area of the restaurant except an outside area; or (b) In any outside area of the restaurant designated as nonsmoking pursuant to HRS Section 328K-2 by the business operating the restaurant. 2) The bill is still being worked on, therefore the committee only wants to support the content at this time. 3) The matter will be discussed in the City Council's Planning and Public Safety Committee meeting that will be held on Tuesday, January 8, 2002, 1:00 p.m. at the City Council Committee Room, Honolulu Hale. A public hearing will be held on Wednesday, January 30, 2002, 1:00 p.m. at the City Council Committee Room.

Discussion followed: 1) Council Chair Jon Yoshimura's amendment CD-1 has been drafted and will be heard on January 8, 2001. Under his proposal, restaurants could apply to be "all smoking" for up to two years, but would have to post signs alerting customers that they allow smoking along with separate signs about the hazards of second-hand smoke. After two years, they no longer could allow indoor smoking, but could limit it to outdoor sections. The bill also would outlaw smoking in restaurant bars. Board members expressed concern for the amendment draft CD-1. 2) The original bill's delay for implementation to be enacted within 188 days for businesses to get over the economic downfall. 3) Board members spoke in support of the bill in concept. 4) Currently State law prohibits smoking in all buildings except restaurant bars and nightclubs. 5) Concern was expressed regarding that the bill calls for the owner/manager of a restaurant to be liable if a patron smokes in their establishment. It was suggested that the person who lights a cigarette in a public place be penalized. It was suggested that the Board voice those concerns to the City Council. 6) It was also noted that a restaurant owner/manager cannot insist that a patron leave an establishment without calling HPD. 7) It was mentioned that the Board only needs to support the concept of the issue and leave the details to the responsibility of the City Council. 8) The Board was reminded that

the motion only supports the concept of the bill as it relates to the public health issue. 9) Opposition to the motion was expressed and it was mentioned that restaurant patrons are subject to fat, alcohol and perfume, which are also dangerous to a person's health.

Glanstein moved for the Government and Community Relations Committee that the Board support the public health concepts in Council Bill 99 to protect worker, workplace and patron health by eliminating tobacco smoking in “inside” restaurant areas and further support the delay in its implementation.

The motion failed, 9-6-2. Aye: Corcoran, Falk, Fletcher, Garrison, Glanstein, Huddleston, Samson, Tomasa, B. Wong. Nay: Bartley, Chinen, Lindgard, Silverman, D. Wong, Evans. Abstain: Bryant-Hunter, Vieira.

The matter was referred back to the Government and Community Services Committee.

Glanstein reported the following: 1) She requested that anyone wishing to put an issue before the Government and Community Services Committee should contact her. 2) Public beach access will be discussed at the next committee meeting on Saturday, January 19, 2002, 10:00 a.m., Kalama Beach Park, Boettcher Estate.

Chair Evans reviewed the following:

1) Committee Chairs must call Chair Evans with Regular Board and Committee Meeting Agenda items by 10:00 a.m., January 22, 2002.

2) Chinen has been appointed Chair of the Transportation Committee.

3) Residents who would like to receive monthly agendas should call the Neighborhood Commission Office to be placed on the mail list.

4) If a Committee Chair is unable to conduct their monthly committee meeting, call Chair Evans. There have been some months when neither the Committee Chair nor Vice Chair has been present.


Military-Civilian Council _ Board Representative Jim Corcoran reported that he supported the presentation made tonight by 1st Lieutenant Robbins and announced that the Commanding General of KMCB has indicated that he will try to provide access to the base, especially to surfers.

Kailua Chamber of Commerce _ A report was given earlier in the meeting.

ANNOUNCEMENTS: There were no other announcements.

There being no objections, the meeting was adjourned at 9:50 p.m.

Submitted by:

Mahealani Hanohano
Neighborhood Assistant


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Monday, April 08, 2002

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