Guest Blogger: Kauai Beach Access

Mahalo to Richard Spacer on Kauai for sending this commentary on the situation at Lepeuli -- more commonly known as Larsen's Beach -- and what he's trying to do about it. Please visit the website Free Larsen's Beach at the link to find out more about this issue.

From: Richard Spacer, Kauai

Aloha readers concerned about beach access. Over on Kauai we have problems too.



A lateral, coastal trail was fenced off with four foot high barbed wire fence on May 21, 2011 in the ahupua'a of Lepeuli, Kauai. This ahupua'a is entirely owned by Waioli Corporation, a non-profit that also owns historic missionary property in Hanalei, Kauai and a museum named Grove Farm, in Lihue, Kauai. Waioli has leased this Lepeuli property to a beef cattle rancher named Bruce Laymon, who has a business called Paradise Ranch at Lepeuli. The Lepeuli Tax Map Key (TMK) is (4)-5-1-003:003.

Many in the community, especially Native Hawaiians, believe this trail is a segment of an ancient, historic ala loa trail, a public trust feature, that circled each of the islands. HRS 264-1, which incorporated The Highways Act of 1892, should by law mean this trail must be public and open.

This trail has been used forever, most recently by the public to access Lepeuli Beach, also known as Larsen's Beach. There are three trails to this beach, and the one fenced off is the only safe, gradual trail that allows access for almost all users, people with small children, the elderly, etc. Mothers previously could access this beach on the lateral trail with a baby carriage or stroller. No longer.

The other two trails are steep, liability-laden trails owned by the county. One trail was sold to the County of Kauai in 1979 and at some point thereafter the county neglected the trail and allowed it to be overgrown with trees and other vegetation. It was fenced off! A public, county right-of-way fenced off. How is that even possible? Upon the request of members of the community, the fencing was removed from the entrance to this trail last year and it was surveyed. But the county to this day in an act of nonfeasance has not defined and improved the trail for public access. No duty of care here.

Incorrectly thinking it would solve the problem above, Waioli Corporation leased another, even steeper grade trail to the county in the immediate vicinity in 2010. In the legal document describing the easement signed by representatives of Waioli Corporation and Kauai County, the right is retained, among other things, to wall or fence off this 2010 trail!

I filed a petition dated April 18, 2011 with the County of Kauai Planning Commission to revoke the Special Management Area Minor Permit SMA-(M)-2009-6 of Paradise Ranch, issued September 1, 2009, for violating Condition 6 of said SMA permit. Paradise Ranch has authority to do fencing in the Agricultural District under this county permit, but NOT to block the lateral coastal trail. Condition 6 says:

"The location of the fence is subject to approval by the DLNR and Na Ala Hele to ensure
public access to and along the lateral coastal trail. Provide the department a location map as approved by those agencies prior to installation of the fence."

Instead, the lateral coastal trail is blocked by fencing, and neither DLNR or Na Ala Hele approved the location of the fence, according to a June 27, 2011 memo by William Aila, Jr., Chairperson of DLNR.

I also requested the Planning Commission to order the fencing removed and levy fines.

Additionally, a significant portion of the fencing, including that fencing blocking the lateral coastal trail, lies within the state Conservation District. In this part of Kauai, the state Land Use Commission says the boundary of the Conservation District lies 300 feet mauka of the certified shoreline. Paradise Ranch DID have a state Conservation District Use Permit (CDUP), but surrendered it in January 2011 due to mounting legal costs and pressure from those of us opposing this project. Consequently, that part of the fencing inside the Conservation District is illegal, and Paradise Ranch is potentially liable for fines of up to $15,000. per day levied by DLNR. $15,000. per day starting from May 21, 2011.

Paradise Ranch had received approval for $73,500. in federal Environmental Quality Incentive Program (EQIP) dollars (your tax dollars) to fund the fencing that keeps the public off the lateral coastal trail. This program is administered by the Natural Resources Conservation Service (NRCS), a part of the US Department of Agriculture. They have a regional office in the federal building at 300 Ala Moana Blvd. Paradise Ranch denied in their state and county permit applications that there was an archaeological feature on the property near the beach. When NRCS learned about this, they cut the funding. They don't fund projects with cultural resources on the property.

Richard Spacer
Kauai

More Ko Olina Complaints

Recently, my wife played tourist guide to Mainland visitors who were staying with a relative near the Ko Olina resorts. So they decided to go to the beach at the lagoon... I mean, they tried to, anyway. As is often the case these days, they were told at the security check-point that there was "no parking" available. Yet there were plenty of open spaces. What he meant was there were no PUBLIC parking spaces left, because there aren't many allocated for Hawaii residents or visitors to begin with.

Coincidentally, I received another email (posted below) around the same time in which a resident details her experience with the lovely people at the Ko Olina resorts. She asked what could be done, since this seems to be a public beach access issue. The answer is, not much. Whoever agreed to the original resort plans is the one at fault -- zoning is in the county's domain, so we can't blame the State for not requiring more public parking spaces.

However, I do believe residents in that area can make it a public relations issue. With Disney opening their Aulani Resort at the end of August, this would be a great time to stage a beach access rally right in front of the security check points. We all know how Disney wants to be perceived as family-friendly and good neighbors, right? I don't think they'd like to be portrayed as part of the Ko Olina resorts "gated community" mentality that presently exists.

In fact, Disney execs at Aulani have been saying they want their guests to enjoy a truly authentic "Hawaiian" cultural experience... I guess they mean Disney-hired Hawaiians only, since Ko Olina is turning away real Hawaiians and kama'aina who live here. Anyway, here's the email I was talking about:

From: Carolyn Golojuch
To: undisclosed-recipients:;
Sent: Mon, Jul 25, 2011 9:08 pm
Subject: Ko`Olina violates public access to the shoreline

Life is a beach

One day in the summer of 2011, I drove to Ko`Olina to spend some time walking and reading on the beach. But the powers of the beach had other ideas. We live in Hawaii but unless you’re able to pay $1M+ for a home, rental or hotel, the right of way to the shoreline means nothing.

At Ko`Olina, all the lagoons are part of the problem for the average Josephine Public. On July 25, 2011, all the lagoons were roped off even though plenty parking places were vacant. I finally drove to the last one lagoon that has a huge empty lot along with the largest paved parking lot at the lagoons. There were about three parking lot attendants guarding both the paved and dirt parking areas at the entrance. The parking lot attendants said that there were no parking spaces available. I could see all the parking open in the dirt area, to no avail.

When I spoke to the lead guard (he had been pointed out by the first parking lot attendant as the supervisor, he said the over flow was ‘at the limit for the day’ of allowed parking. ) What did this mean? I’ve been at $150+ functions and there were hundreds more ‘allowed’ parking. To me, this is just a way to violate the public’s right to the shoreline.

After being told to drive away, I told the parking attendant that this was all about keeping the locals away from the beach. The parking lot attendant asked if I knew he was local. I replied that is sad that the big guys hire locals to keep locals out. Where is the fairness, not to mention the 'aloha?'

After driving back to the entrance of the paved parking, I was told I couldn’t stop and wait for an open parking lot even though I would see a car driving out occasionally. At one point when I was told that I had to move on, I saw a couple get in a black car and drive off while I was told that I couldn’t park. I drove around and asked if I couldn’t have access to take the place of a car that I just saw drive out of the dirt parking. The ‘supervisor’ asked which car? I said it was a black car and he said, ‘oh, that car, we already told another car to go in.’ At this point, I knew they were playing games with me. It’s called Russian Roulette or keep the public out? Auwe!

Finally I drove away and turned right to find a place to park while I phoned Honolulu City and County Complaints Department. The young man said he would call back. The Department of Natural Lands and Resources called back. I had found a place under a tree, put my blinkers on while talking to them. They told of a ‘pack’/agreement that allowed the owners to control the parking situation. Bottom line, the shoreline was there before the high rises, big money hotels and time shares. That’s when the public had access to the shoreline.

As I was parked, I saw three police cars drive up: two white squad cars and an unmarked dark van type with lights on the roof. I pulled out and turned around at the next open area. That’s when the sirens went on and I was pulled over. The two squad cars parked behind me and the other drove on. Then the ‘supervisor’ from the parking lot drove on the median and parked. The two ‘parking lot’ attendants started to walk over while I was getting out my license and other vehicle identification material. Wow!

This is when the police said that the parking lot attendants wanted to file a one-year restraining order against me that would keep me off the Ko`Olina property. The police officer said that I could drive away and come back another day. Again, all because I wanted to walk on the shoreline!

The law needs to be changed to open up the access to the shoreline for the public. There were four parking lot attendants: one in the paved parking lot, at least three at the entrance and three HPD squad cars. All this to keep out the public! Where’s the aloha? Where’s the public access to the shoreline.