Document Actions
March 2007
Highlights of March 7, 2007 HCDA Meeting & Public Hearing
The Hawaii Community Development Authority (“HCDA”) held a public hearing on March 7, 2007, at 9:00 a.m., Suite 1000 Conference Room, 677 Ala Moana Boulevard, Honolulu, Hawaii 96813, on the following items:
1. Adoption of Chapters 211-214, Title 15, Hawaii Administrative Rules, for Kewalo Basin
Over 20 people testified against the proposed adoption of new rules relating to Kewalo Basin and they said they were strongly opposed to the proposed increase in user fees. The Department of Transportation-Harbors will relinquish jurisdiction of Kewalo Basin to HCDA on June 30, 2007. HCDA has drafted proposed rules, regulations, charges and fees for Kewalo Basin to govern its use and operation under the jurisdiction, management and operation of HCDA. These proposed rules, the subject of the public hearing, are necessary to facilitate the public’s use and enjoyment of Kewalo Basin. The rules define permissible activities, regulate operations within the harbor and set forth procedures for obtaining leases and related fees.
In December 2005, HCDA formed an advisory Task Force to review and finalize the draft rules for Kewalo Basin. The Task Force was composed of representatives of longliner and charter fishermen, tour boat operators, DOT and HCDA. Based on input from the Task Force, the proposed rules were presented to the Small Business Regulatory Review Board (SBRRB) in January 2006 and the SBRRB recommended four changes, three of which were incorporated into the proposed rules. (Click here for SBRRB document.) Since August 2006, HCDA has held monthly meetings with a transitional advisory group, composed of Kewalo Basin tenants, to communicate the steps in transfer, discuss issues that will be faced, and to seek their comments on the assumption of jurisdiction by HCDA. All Kewalo Basin tenants were invited to participate in a special tenant briefing held on February 13 to review the proposed rules, answer questions and to solicit feedback. Based on the comments received from tenants, proposed changes in insurance limits, percentage rents, minimal sales, liquor usage and administrative changes were incorporated into the proposed rules.
The proposed rules can be accessed below:
At the public hearing, Kewalo Basin harbor users—representing the fishing and tour, sports and pleasure boat industries—testified that although they acknowledge that repairs need to be made to Kewalo Basin harbor, the proposed user fees were unrealistic, too high and would drive them out of business.
2. Amendments to Chapter 210, Title 15, Hawaii Administrative Rules, for Rules, Regulations, Charges, and Fees for Public Parks
A public hearing on proposed amendments to
rules governing the use of Kaka‘ako District parks drew only one
testifier who spoke in support of the rules. The Kaka‘ako
Waterfront, Makai Gateway and Kewalo Basin Parks were developed and
opened in the early 1990s. Amendments to Chapter 15-210 Hawaii
Administration Rules entitled “Rules, Regulations, Charges, and Fees
for Public Parks” are being proposed to add regulations for patrons and
permittees of the Parks, clarify allowable activities, and to provide
charges for commercial use of the Parks. The proposed changes
include a new usage fee schedule that will allow public notice of
availability and charges for such activities. The other major
area of the proposed amendments involve regulations that: define
abandoned property; prohibit washing and drying of clothing; prohibit
parking outside of marked areas; prohibit staking; and prohibit wading
and inflatable pools, dunking tanks and portable hot tubs.
Adoption of the proposed changes will make the facilities a safe,
pleasant, and enjoyable environment for all patrons. The new
rules will improve the operation of the Parks by making the
requirements for commercial activities more transparent and
establishing additional guidelines for the enforcement and operations
of the area.
The proposed rules can be accessed below:
Chapter 210 of Title 15, Hawaii Administrative Rules (click here)
Because of a lack of quorum, the Authority deferred action on the
following:
- Addition of a Transmitter to the Radio Tower on Kaka‘ako Waterfront
- Supplemental Environmental Impact Statement for the Kaka‘ako
District Mauka Area Plan and Rules