IMPORTANT DATES:

IMPORTANT DATES:

Wednesday, November 24, 2010

Neighborhood Board - powers, duties & functions

Neighborhood Boards
2008 NEIGHBORHOOD PLAN
POWERS, DUTIES, AND FUNCTIONS

§2-13-101  Purpose.  The purpose of this neighborhood plan and the neighborhood boards is to increase and assure effective citizen participation in the decisions of government. [Eff] (Auth: RCH §14-103(a)) (Imp: RCH §§14-104)

§2-13-102  General powers, duties, and functions of the boards.  (a)  The boards are responsible for actively participating in the functions and processes of government by identifying, addressing, communicating, and seeking solutions to neighborhood issues and concerns, both within and outside of their respective neighborhood areas.  Their actions should reflect the needs, wants, and interests of the neighborhood.  Boards may take the initiative in selecting and prioritizing their activities, and provide reasonable means to increase and assure effective citizen participation in the decisions of government.
(b)  The powers, duties, and functions of boards shall include:
(1)  Increase and assure effective citizen participation in the decisions of government by providing additional and improved opportunities for public input and interaction, and communicating that input to the appropriate persons and agencies;
(2)  Initiate, review, comment, and make recommendations concerning any general plan, development and sustainable communities plan, zoning, planning, permitting, and other land use issues within the city;
(3)  Identify, prioritize, review, comment, and make recommendations concerning any government capital improvement proposal, plan, or project;
(4)  Assist with evaluations of the efficiency and effectiveness of government services and programs, whether provided by government agencies or their contractors;
(5)  Initiate, review, comment, and make recommendations concerning any other substantive issue reasonably related to the processes or decisions of government;
(6)  Encourage understanding of the decision-making processes of government; and
(7)  Encourage the role of the board as a public and informational forum on community and governmental issues.
     (c)  Boards, in compliance with this plan and all other applicable laws, may communicate and cooperate with each other, especially on a regional basis, to promote general awareness and understanding of issues of mutual concern, explore opportunities for collaboration, and foster beneficial relationships to further increase and assure effective citizen participation in the decisions of government.
(d)  Each board may express its neighborhood's view, opinion, or advice on matters within the scope of the board's jurisdiction to properly fulfill its duty.  No deference is required of a board to any other board.
(e)  Boards may cooperate and collaborate with persons, agencies, and community organizations so long as the cooperation and collaboration does not exceed the powers, duties, and functions of boards as allowed by law.
(f)  The commission shall provide reasonable assistance and reasonable operating expenses for the boards for the performance of their powers, duties, and functions.  [Eff] (Auth: RCH §14-103(a)) (Imp: RCH §14-104)

HONOLULU CITY CHARTER

 (As of February 20, 2001)
Section 6-1511. Adoption of the General Plan and Development Plans22 --
1.      The council shall adopt the general plan or revisions thereof by resolution and development plans or amendments thereto by ordinance. Resolutions adopting or revising the general plan shall be laid over for at least two weeks after introduction. Such resolutions shall be advertised once in a daily newspaper of general circulation at least ten days before adoption by the council. Upon adoption, every such resolution shall be presented to the mayor, and the mayor may approve or disapprove it pursuant to applicable provisions governing the approval or disapproval of bills. (emphasis added)

The general plan and all development plans shall be kept on file in the department of planning and permitting.

2.      Any revision of or amendment to the general plan or any existing development plan may be proposed by the council and shall be processed in the same manner as if proposed by the director. Any such revision or amendment shall be referred to the director and the planning commission by resolution, which resolution shall be accompanied by supporting documentation sufficient to satisfy the director's usual requirements for the commencement of processing. If the planning commission disapproves the proposed revision or amendment or recommends a modification thereof, not accepted by the council, or fails to make its report within a period of either thirty days after the close of its public hearing or ninety days after its receipt by the commission, whichever occurs first, the council may nevertheless adopt such revision or amendment, but only by the affirmative vote of at least two-thirds of its entire membership.
Any revision of or amendment to the general plan or any existing development plan which has been processed as an "unendorsed proposal" shall, in the absence of an affirmative recommendation from the planning commission, require for its adoption the affirmative vote of at least two-thirds of the entire membership of the council.

3.      Public improvement projects and subdivision and zoning ordinances shall be consistent with the development plan for that area, provided that development plan amendments and zoning map amendments may be processed concurrently.23        If any provision of the general plan or development plans places the receipt of federal funds in jeopardy, the council may, after a public hearing, set aside the general plan or development plans, but only to the extent necessary to resolve the conflict which jeopardizes federal funding.

Footnote
{22Charter does not give city council carte blanche authority to engage independent contractual services in the interest of its legislative policy-making and investigative powers. Each branch of the government is expected to cooperate with the other. The executive branch is primarily responsible for initially proceeding to conduct in-depth studies relating to city planning. Only if that branch has been requested to do so by the legislative branch, and has failed to comply with the request, may the council commission such studies as an incidental exercise of its power to amend or revise an existing general plan or development plan. Akahane v. Fasi, 58 Haw. 74, 565 P.2d 552 (1977).

Enactment of and amendments to development plans constitute legislative actions of the City Council and as such are entitled to a presumption of validity. Lum Yip Kee, Ltd. v. City and County of Honolulu, 70 Haw. 179, 767 P.2d 815 (1989).
23State not required to conform with charter requirement that public improvements must implement an area's development plan when the public improvement in question is expansion of the University of Hawaii campus. Kunimoto v. Kawakami, 56 Haw. 582, 545 P.2d 684 (1976).(As of February 20, 2001)}

4.         No person shall construct, operate or maintain any street railway or bus or other motor vehicle common carrier line or transit system on any street or route within the city unless the location and extent thereof has been submitted to and approved by the director as being in conformity with the general plan and the development plan for that area. (1998 General Election Charter Amendment Question No. 1(III))

NEIGHBORHOOD COMMISSION WEBSITE

The Neighborhood Board is full citizen participation in government so that the powers of the City can
properly serve and advance the aspirations of its citizens. Through the Neighborhood Board system, every resident has the opportunity to participate in government decision making which affects his or her
community. The system applies the concept of participatory democracy, involving communities in the
decisions affecting them. It establishes an island wide network of elected neighborhood boards as
communication channels, expanding and facilitating opportunities for community and government interaction.
.....

.In a continuing effort to make government more accessible to people and expand public input for the Neighborhood Board process, we have built a home page for each Neighborhood Board. Moderated and
overseen by the board, here you can check agendas of upcoming meetings, download minutes of past
meetings, leave messages and discuss community issues through a "message board" system to elected
board members and give your input on issues the board submits for public discussion.
 Please return often
as each board moves into its new on-line home.

Kailua Sustainable Communities Plan

To stimulate the revitalization of the town centers of Kailua and Kaneohe, land use and zoning policy should prevent the introduction of “big Box” retail stores or shopping centers consisting predominately of discount or factory outlet stores within the region. This type of commercial development often results in inappropriate building scale, localized traffic and parking demand impacts, and the economic decline of existing businesses. Koolaupoko does not yet have this type of commercial development, although the region’s population is large enough to support at least one of these stores.  (Pg. 2-17 hard copy)

More faorable sites have been found for this type of commercial development in Leeward and Central Oahu, where large development parcels are more readily available and better situated to capture patronage from the island’s major population growth area. The opening of H-3 Freeway has also made these “value retail” stores more accessible to Koolaupoko’s residents. Development of a “big box” store or discount center would be inconsistent with the vision for Koolaupoko’s future expressed in this Sustainable Communities Plan; land use policy and zoning regulations should specifically prohibit retail and warehouse businesses over 90,000 square-feet in size. (pg 2-18 hardcopy)

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