CITY COUNCILCITY AND COUNTY OF HONOLULU

HONOLULU, HAWAI I 96813-3077

ERNEST Y. MARTINCHAIR & PRESIDING OFFICERIKAIKA ANDERSONVICE CHAIRROMY M. CACHOLAFLOOR LEADERTOM BERGSTANLEY CHANGTULSI GABBARDNESTOR R. GARCIABREENE HARIMOTOANN H. KOBAYASHI

ORDER OF BUSINESSREGULAR MEETING

CITY COUNCIL CHAMBER14TH SESSION

WEDNESDAY, OCTOBER 5, 201110 A.M.

SPEAKER REGISTRATION

Persons wishing to testify on items listed on the morning calendar are requested to register by 10 a.m. in the interest of time management as follows:

a. use the On-Line City Council Speaker Registration form available at http://www.honolulu.gov/council/attnspkccl.htm;

b. send a fax to 768-3826 indicating your desire to register to speak, along with your name, phone number and subject matter;

c. fill out the registration form in person; ord. call 768-3813.

On-line and fax registration forms must be received by 10 a.m. to be included in the list of registered speakers. Persons who have not registered to testify by 10 a.m. will be given an opportunity to present oral testimony on an item following the registered speakers by raising their hand at the time additional speakers are called upon.

Each speaker shall not have anyone else read their statement and is limited to:

a. three-minute presentation on New Business and Sunshined items; b. one-minute presentation on all other items.

WRITTEN TESTIMONY

If you wish to submit written testimony:

a. fax to 768-3826 orb. go to http://www.honolulu.gov/council/emailccl.htm to e-mail your written testimony.

By submitting written testimony, you are not automatically registered to speak. Refer to “SPEAKER REGISTRATION” procedures above.

If submitted, written testimonies, including the testifier’s address, e-mail address and phone number, may be posted by the City Clerk and available to the public on the City’s DocuShare Website.

Any physically challenged person requiring special assistance should call 768-3813 for details at least one day prior to the meeting date.

Honorary Certificates will be presented at 9 a.m.

ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

PLEDGE OF ALLEGIANCE

MESSAGE OF ALOHA

1. CALL TO ORDER – 10 A.M.

Roll Call

Introduction of Guests

Approval of Minutes of the 13th Session

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

2. ORDER OF THE DAY – MORNING CALENDAR

APPOINTMENTS – RESOLUTIONS

BUDGET

CR-305 Resolution 11-234

Relating to the appointment of Earle Shiroma to serve on the Board of Review I for real property tax appeals of the City and County of Honolulu.

FOR ADOPTION

CR-306 Resolution 11-235

Relating to the nomination of George "Keoki" Miyamoto as Director of Enterprise Services of the City and County of Honolulu.

FOR ADOPTION

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

THIRD READING

ZONING AND PLANNING

CR-290 Bill 47, CD1

Relating to signs. (Advancing the purposes of the Land Use Ordinance's sign regulations set forth in Revised Ordinance of Honolulu Section 21-7.10 while balancing the right of the people in the city to display noncommercial signs.)

PASS THIRD READING, AS AMENDED

CR-314 Bill 48, CD1

Relating to the Special Management Area. (Making amendments to the Special Management Area Ordinance consistent with state Coastal Zone Management policies mandated by recent amendments to Chapter 205A, Hawaii Revised Statutes, pursuant to Act 153, Session Laws of Hawaii 2011.)

PASS THIRD READING

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

FIRST READING

Bill 54 (Safety, Economic Development and Government Affairs)

Relating to stored property. (Establishing a procedure for the removal and disposal of personal property stored on public property.)

PASS FIRST READING

Bill 55 (Safety, Economic Developmentand Government Affairs)

Relating to noise control. (Restricting the use of any machine or device that produces sound on public property.)

PASS FIRST READING

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

RESOLUTIONS

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

SAFETY, ECONOMIC DEVELOPMENT AND GOVERNMENT AFFAIRS

CR-296 Resolution 11-229, CD1

Authorizing the use of overt video monitoring in the City and County of Honolulu for the Asia-Pacific Economic Cooperation (APEC) meetings for the purposes of the general prevention and deterrence of criminal activity and to achieve a legitimate law enforcement objective and a legitimate public purpose.

FOR ADOPTION

CR-297 Resolution 11-242

Relating to the acceptance of gifts to the Honolulu Fire Department from the Hawaii Fire Fighters Association and the Honolulu Firefighters Foundation to host the Honolulu Fire Department’s 97th Fire Fighter Recruit Class graduation on October 21, 2011.

FOR ADOPTION

CR-298 Resolution 11-247, CD1

Relating to the acceptance of a gift to the Honolulu Police Department from the Waikiki Business Improvement District Association (WBIDA).

FOR ADOPTION

SAFETY, ECONOMIC DEVELOPMENT AND GOVERNMENT AFFAIRS (Cont'd.)

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

CR-299 Resolution 11-264

Relating to the acceptance of a gift to the City from Honolulu Festival Foundation of travel to Kushiro, Japan.

FOR ADOPTION

CR-300 Resolution 11-265

Relating to the acceptance of a gift to the Honolulu Fire Department from Okada Trucking Co., Ltd., to design and construct a September 11, 2001, memorial at the Honolulu Fire Department headquarters complex.

FOR ADOPTION

CR-301 Resolution 11-268

Relating to the acceptance of a gift to the City from Incheon Metropolitan City of travel to Incheon, South Korea.

FOR ADOPTION

SAFETY, ECONOMIC DEVELOPMENT AND GOVERNMENT AFFAIRS (Cont'd.)

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

CR-302 Resolution 11-269

Relating to the acceptance of a gift to the City from the University of Hawaii of 500 tickets for the UH-UC Davis football game on September 24, 2011.

FOR ADOPTION

PARKS AND CULTURAL AFFAIRS

CR-303 Resolution 11-261

Relating to the acceptance of a gift to the City from the Hawaii Gardenia Circle.

FOR ADOPTION

BUDGET

CR-307 Resolution 11-253, CD1

Relating to the acceptance of a gift to the City and County of Honolulu for five City personnel to attend the Rail-Volution 2011 Conference from October 16 to 19, 2011.

FOR ADOPTION

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

CR-308 Resolution 11-255

Authorizing the Director of Budget and Fiscal Services to issue and sell not to exceed $310,000,000 principal amount of Wastewater System Revenue Bonds, Senior Series 2011 and related matters.

FOR ADOPTION

CR-309 Resolution 11-257

Approving a rental agreement with Camp Mokule‘ia, Incorporated, for the Mokule‘ia Beach Park addition, TMK:  6-8-002:1 (Portion), for a period up to four years.

FOR ADOPTION

BUDGET (Cont'd.)

CR-310 Resolution 11-259

Amending City Council policy relating to real property tax compromises.

FOR ADOPTION

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

CR-311 Resolution 11-266

Relating to the acceptance of a gift to the Director of Information Technology from the Multi-State Information Sharing and Analysis Center in Nashville, Tennessee, on August 8-10, 2011.

FOR ADOPTION

PUBLIC WORKS & SUSTAINABILITY

CR-312 Resolution 11-250, CD1

Relating to the acceptance of a gift to the Department of Design and Construction from Kyle Yukumoto, President, Hawaii Water Environment Association.

FOR ADOPTION

ZONING AND PLANNING

CR-318 Resolution 11-271

Establishing a permitted interaction group of councilmembers to investigate issues relating to the City’s rail project and transit oriented development.

FOR ADOPTION

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

TRANSPORTATION

CR-319 Resolution 11-243

Authorizing the execution of an intergovernmental agreement between the Department of Transportation Services (DTS) of the City and County of Honolulu (City) and the State of Hawaii Department of Transportation (HDOT) for application for a highway safety project reimbursement grant for the purpose of promoting pedestrian and bike safety for the City and County of Honolulu.

FOR ADOPTION

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

3. BALANCE OF COMMITTEE REPORTS

PWSCR-313 Acceptance of Grant conveying Drain Easement 337 for public use in Mililani (Sixty Parkside Subdivision). (D-622)

FOR ADOPTION

4. UNFINISHED BUSINESS

5. NEW BUSINESS

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ORDER OF BUSINESS – Morning CalendarWednesday, October 5, 2011

6. COMMITTEE OF THE WHOLE/EXECUTIVE SESSION

Pursuant to Council Rule 12A and the Hawaii Revised Statutes Section 92-4 and Section 92-5(a)(4), the Council will resolve itself into a Committee of the Whole to consult with its attorneys in executive session on questions and issues on the following matters pertaining to the Council’s powers, duties, privileges, immunities and/or liabilities, and may resolve itself into a Committee of the Whole to consult with its attorneys on other claims and matters pertaining to the Council’s powers, duties, privileges, immunities and/or liabilities:

A. Authorization to settle a claim by the City in City and County of Honolulu v. Rooftech, Inc. et al., Civil No. 08-1-0168-01 (RAN)

B. Additional funding for services by Ayabe Chong Nishimoto Sia & Nakamura as special deputy corporation counsel for the City and County of Honolulu in a lawsuit entitled City and County of Honolulu v. Rooftech, Inc. et   al. , Civil No. 08-1-0168-01

7. RECESS

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CITY COUNCILCITY AND COUNTY OF HONOLULU

HONOLULU, HAWAI I 96813-3077

ERNEST Y. MARTINCHAIR & PRESIDING OFFICERIKAIKA ANDERSONVICE CHAIRROMY M. CACHOLAFLOOR LEADERTOM BERGSTANLEY CHANGTULSI GABBARDNESTOR R. GARCIABREENE HARIMOTOANN H. KOBAYASHI

ORDER OF BUSINESSREGULAR MEETING/PUBLIC HEARING

CITY COUNCIL CHAMBER14TH SESSION

WEDNESDAY, OCTOBER 5, 20112 P.M.

SPEAKER REGISTRATION

Persons wishing to testify on items listed on the afternoon calendar are requested to register by 2 p.m. in the interest of time management as follows:

a. use the On-Line City Council Speaker Registration form available at http://www.honolulu.gov/council/attnspkph.htm;

b. send a fax to 768-3826 indicating your desire to register to speak, along with your name, phone number and subject matter;

c. fill out the registration form in person; ord. call 768-3814.

On-line and fax registration forms must be received by 2 p.m. to be included in the list of registered speakers. Persons who have not registered to testify by 2 p.m. will be given an opportunity to present oral testimony on an item following the registered speakers by raising their hand at the time additional speakers are called upon.

Each speaker shall not have anyone else read their statement and is limited to:

a. three-minute presentation on Second Reading/Public Hearing items;b. one-minute presentation on all other items.

WRITTEN TESTIMONY

If you wish to submit written testimony:

a. fax to 768-3826 orb. go to http://www.honolulu.gov/council/emailph.htm to e-mail your written testimony.

By submitting written testimony, you are not automatically registered to speak. Refer to “SPEAKER REGISTRATION” procedures above.

If submitted, written testimonies, including the testifier’s address, e-mail address and phone number, may be posted by the City Clerk and available to the public on the City’s DocuShare Website.

Any physically challenged person requiring special assistance should call 768-3814 for details at least one day prior to the meeting date.

ORDER OF BUSINESS – Afternoon CalendarWednesday, October 5, 2011

8. RECONVENE – 2 P.M.

9. EXECUTIVE SESSION ITEM(S)

CR-____ Authorization to settle a claim by the City in City and County of Honolulu v. Rooftech, Inc. et al., Civil No. 08-1-0168-01 (RAN)

FOR ADOPTION (Note: Subject to the recommendation of the Committee of the Whole.)

CR-____ Resolution ______

To request additional funding for services by Ayabe Chong Nishimoto Sia & Nakamura as special deputy corporation counsel for the City and County of Honolulu in a lawsuit entitled City and County of Honolulu v. Rooftech, Inc. et   al. , Civil No. 08-1-0168-01

FOR ADOPTION (Note: Subject to the recommendation of the Committee of the Whole.)

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ORDER OF BUSINESS – Afternoon CalendarWednesday, October 5, 2011

10. ORDER OF THE DAY – AFTERNOON CALENDAR

APPOINTMENTS - PUBLIC HEARING

a. Cord D. Anderson, Planning Commission(Executive Matters and Legal Affairs)

MM-136 From Mayor Peter B. Carlisle, appointing Cord D. Anderson as a member of the Planning Commission for a term to expire on June 30, 2015.

b. Daniel S.M. Young, Planning Commission (Zoning and Planning)

MM-137 From Mayor Peter B. Carlisle, appointing Daniel S.M. Young as a member of the Planning Commission for a term to expire on June 30, 2016.

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ORDER OF BUSINESS – Afternoon CalendarWednesday, October 5, 2011

SECOND READING/PUBLIC HEARING

ZONING AND PLANNING

CR-316 Bill 52

Relating to the Waikiki Special District. (Amending the provisions in the Land Use Ordinance pertaining to the Waikiki Special District.) (Deadline: 11/23/11 + 120 days)

PASS SECOND READING

CR-317 Bill 53

Rezoning land situated at Waikiki. (Rezoning parcels of land from Apartment Precinct to Apartment Mixed Use Subprecinct, and from Resort Commercial Precinct to Resort Mixed Use Precinct, to conform with amendments to the Land Use Ordinance relating to the Waikiki Special District.) (Deadline: 11/23/11 + 120 days)

PASS SECOND READING

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ORDER OF BUSINESS – Afternoon CalendarWednesday, October 5, 2011

11. ANNOUNCEMENTS

12. ADJOURNMENT

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