2019 City and County of Honolulu Planning Commission Consolidated Record (With Amended List of Exhibits)

 

Waimanalo Gulch Sanitary Landfill- State Special Permit No. 2008/SUP-2, LUC Docket No. SP09-403, Deletion of Condition No. 14 

AMENDED LIST OF EXHIBITS– (Exhibits 38 A and 56 added to original list)

ITEM DPP ENV KOCA Schnitzer Planning
Commission		 Hanabusa Description Notes
1 P1 ENV’s Certificate of Service Re: Department of Environmental Services, City and County of Honolulu’s Response to Intervenors Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny and Remand filed May 19, 2017, dated May 22, 2017
2 P2 ENV’s Amended Certificate of Service Re: Department of Environmental Services, City and County of Honolulu’s Memorandum in Opposition to Intervenors Ko Olina Community Association and Maile Shimabukuro’s Alternative Motion to Deny the Applications Unless Additional Conditions are Imposed filed May 19, 2017, dated May 22, 2017.
3 PC1 MEMO to Daniel Orodenker, Exec. Officer, LUC; from Office of Planning, State of Hawaii, cc: to Planning Commission, Subject: Special Permit Application No. SP09-403, Department of Environmental Services, City and County of Honolulu, TMK: (1) 9-2-03:72 and 73, Waimanalo Gulch, Ewa,
Oahu, dated May 22, 2017.
4 PC2 Land Use Commission Docket No. SP09-403 Order Granting in Part and Denying in Part Intervenors Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny and Remand, and Certificate of Service,
dated June 6, 2017.
5 PC3 Land Use Commission Docket No. SP09-403 Amended Certificate of Service, dated June 15, 2017
6 R2 KOCA’s Motion for Recusal or Disqualification of Chair Dean Hazama; Memorandum in Support of Motion; Declaration of Christopher T. Goodin; Exhibits A – E; Certificate of Service, date June 20, 2017
7 P3 ENV’s Response to Intervenors Ko Olina Community Association and Maile Shimabukuro’s Motion for Recusal or Disqualification of Chair Dean Hazama; Certificate of Service, dated June 27, 2017.
ITEM DPP ENV KOCA Schnitzer Planning
Commission		 Hanabusa Description Notes
8 H1 Hanabusa’s Renewal of Objections to Chair Dean Hazama’s Participation and Votes in the Instant Case and Joinder to Intervenors Ko Olina Community Association and Maile Shimabukuro’s Motion for Recusal or Disqualification of Chair Dean Hazama, filed on June 20, 2017; and Certificate of Service, dated June 26, 2017.
9 P4 ENV’s Written Status Report for July 2017; Certificate of Service, dated July 26, 2017.
10 PC4 Land Use Commission Docket No. SP09-403 Order Granting in Part and Denying in Part Intervenors Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny and Remand; and Certificate of Service, dated July 28, 2017.
11 PC5 Agenda for the Planning Commission meeting of August 16, 2017
12 PC6 Transcripts of the Planning Commission meeting of August 16, 2017.
13 R3 KOCA’s Objections to Adoption of Proposed Findings of Fact, Conclusions of Law, and Decision and Order; Declaration of Christopher T. Goodin; Exhibit A; Certificate of Service, dated October 23, 2017.
14 PC7 Agenda for the Planning Commission meeting of October 25, 2017
15 PC8 Continued contested case hearing cancelled for lack of quorum and will be rescheduled at a later date, Planning Commission October 25, 2017, agenda.
16 R4 KOCA’s Motion to Reopen the Contested Case Hearing; Memorandum in Support of Motion; Declaration of Christopher T. Goodin; Exhibit A – B.
Certificate of Service, dated November 22, 2017.
17 R5 KOCA’s Objections to Agenda for December 6, 2017; Declaration of Christopher T. Goodin; Exhibits 1-2; Certificate of Service, dated
November 30, 2017.		 No original
ITEM DPP ENV KOCA Schnitzer Planning
Commission		 Hanabusa Description Notes
18 P5 ENV’s Certification of Written Status Report for November 2017, filed November 29, 2017, was duly served by either hand-delivery or US Mail, by certified mail, return receipt requested to the parties on November 29, 2017, dated November 29, 2017.
19 P6 ENV’s Memorandum in Opposition to Intervenors Ko Olina Community Association and Maile Shimabukuro’s Motion to Reopen the Contested Case Hearing; Declaration of Kamila C.K. Chan; Exhibits “1” through “3”; Certificate
of Service, dated December 4, 2017.
20 PC9 Agenda for the Planning Commission meeting of December 6, 2017
21 PC10 Transcripts of the Planning Commission meeting of December 6, 2017.
22 H2 Hanabusa’s Joinder to Intervenors Ko Olina Community Association and Maile Shimabukuro’s Objections to Agenda for December 6, 2017; filed on November
30, 2017; and Certificate of Service, dated December 4, 2017.
23 P7 ENV’s Response to Intervenors Ko Olina Community Association and Maile Shimabukuro’s Objections to Agenda for December 6, 2017; Declaration of Kamilla C.K. Chan; Exhibits “1” through “4”; Certificate of Service, dated
December 5, 2017.
24 PC11 File No. 2008/SUP-2 Findings of Fact, Conclusions of Law, and Decision and
Order; Certificate of Service, dated December 6, 2017.
25 SCHN1 Schnitzer’s Exceptions to the Planning Commission’s Proposed Findings of Fact, Conclusions of Law and Decision and Order; Exhibit 1; Certificate of
Service, dated February 5, 2018.
26 P8 ENV’s Exceptions to Honolulu Planning Commission’s Proposed Findings of Fact, Conclusions of Law, and Decision and Order dated December 6, 2017.
Certificate of Service dated February 5, 2018.
27 H3 Hanabusa’s Objections and Exceptions to Findings of Fact, Conclusions of
Law, and Decision and Order, dated December 6, 2017; and Certificate of Service, dated February 5, 2018.
ITEM DPP ENV KOCA Schnitzer Planning
Commission		 Hanabusa Description Notes
28 R6 KOCA’s Exceptions to Planning Commission’s December 6, 2017
Proposed [sic] Findings of Fact, Conclusions of Law, and Decision and Order.
Declaration of Christopher T. Goodin; Exhibits 1 -5; Certificate of Service, dated February 5, 2018.
29 R7 KOCA’s Motion to Strike Schnitzer’s February 2018 Proposed Findings.
Memorandum in Support of Motion; Declaration of Christopher T. Goodin; Exhibits 1 – 4; Certificate of Service, dated February 13, 2018.
30 SCHN 2 Schnitzer’s Memorandum in Opposition to Ko Olina Community Association
and Maile Shimabukuro’s Motion to Strike Schnitzer’s February 2018 Proposed Findings; Certificate of Service, dated February 14, 2018.
31 R8 KOCA’s Response to Schnitzer Steel Hawai‘i Corp.’s February 5, 2018, Proposed Findings of Fact, Conclusions of Law and Decision and Order; Declaration of Christopher T. Goodin; Exhibits 1 – 5; Certificate of Service,
dated February 16, 2018.
32 PC12 Agenda for the Planning Commission meeting of March 7, 2018
33 PC13 Transcripts of the Planning Commission meeting of March 7, 2018.
34 PC14 Agenda for the Planning Commission meeting of April 4, 2018
 
35 PC15 Continued contested case hearing cancelled, Planning Commission April 4,
2018 meeting (agenda) due to lack of quorum.
36 PC16 Letter from the Planning Commission to the parties, re: due to no quorum unable to provide a date for the next hearing at this time, dated April 11, 2018.
37 P9 ENV’s letter to the Planning Commission to take appropriate action to urge the Mayor to make a temporary appointment to the commission as authorized by Section 3-1.5 of the ROH, to allow commission to attain quorum so that it may address the five clarifications requested by the LUC, dated April 26, 2018.
ITEM DPP ENV KOCA Schnitzer Planning
Commission		 Hanabusa Description Notes
38 P10 ENV’s Written Status Report for September 2018; Certificate of Service, dated
September 26, 2018.
38A PC16-A File No. 2009/SUP-2 Findings of Fact, Conclusions of Law, and Decision and Order; Certificate of Service dated January 15, 2019{temp appointee Pcommr Don Goo]- no Pcommrs signatures No original
39 H4 Hanabusa’s Objections, Exceptions, and Position Re: Proposed Findings of
Fact, Conclusions of Law, and Decision and Order; Declaration of Counsel; Exhibit “1”; and Certificate of Service, dated February 7, 2019.
40 SCHN3 Schnitzer’s Exceptions to the Planning Commission’s Proposed Findings of
Fact, Conclusions or Law and Decision and Order; Exhibit A; Certificate of Service, dated February 8, 2019.
41 P11 ENV’s Exceptions to Honolulu Planning Commission’s Proposed Findings of
Fact, Conclusions of Law, and Decision and Order served on January 15, 2019; Certificate of Service, dated February 8, 2019.
42 R9 KOCA’s Exceptions to Planning Commission’s January 15, 2019, Proposed Findings of Fact, Conclusions of Law, and Decision and Order; Declaration of Christopher T. Goodin; Exhibits 1 – 5; Certificate of Service, dated February 8,
2019.
43 PC17 Agenda for the Planning Commission meeting of February 28, 2019
44 PC18 Transcripts of the Planning Commission meeting of February 28, 2019.
45 P12 ENV’s Motion for Leave to File Supplemental Brief, Memorandum in Support
of Motion; Declaration of Kamilla C. K. Chan; Exhibit “1”; Certificate of Service, dated March 18, 2019.
46 P13 ENV’s letter to the Planning Commission w/enclosure booklet of “Assessment of Municipal Solid Waste Handling Requirements for the Island of Oahu” Department of Environmental Services, City and County of Honolulu,
November 2017 dated March 19, 2019.
ITEM DPP ENV KOCA Schnitzer Planning
Commission		 Hanabusa Description Notes
47 R10 KOCA’s Response to Department of Environmental Services, City and County of Honolulu’s Motion for Leave to File Supplemental Brief Filed March 18, 2019, and Objection to the Department’s March 19, 2019, Submission, Exhibit
A; Certificate of Service, dated March 25, 2019.
48 P14 ENV’s Written Status Report for March 2019; Certificate of Service, dated
March 29, 2019.
49 R11 KOCA’s Submission of Materials Presented at the February 28, 2019, Planning Commission Hearing; Certificate of Service, dated March 29, 2019.
50 SCHN4 Schnitzer’s Statement of Position on the Planning Commission’s Proposed
Condition Concerning Closure of the Waimanalo Gulch Sanitary Landfill; Certificate of Service, dated April 10, 2019.		 No original
51 PC19 Agenda for the Planning Commission meeting of April 11, 2019
52 PC20 Transcripts of the Planning Commission meeting of April 11, 2019.
53 SCHN5 Schnitzer’s Notice of Appearance and Request for Service of Notices and
Papers: Certificate of Service, dated April 11, 2019.
54 PC21 Planning Commission’s Findings of Fact, Conclusions of Law, and Decision
and Order; Certificate of Service, dated June 10, 2019.
55 PC22 Planning Commission’s transmittal letter dated September 11, 2019.
56 PC23 Planning Commission’s transmittal letter dated September 20, 2019 (re: Incorporated FOF. COL. D&O, Cert. of Service dated Jan. 18, 2019)