Sunday, December 25, 2011

On the 12th Day of Gate-Mas...



One street in Kailua opened their gate to neighbors and visitors. State Rep. Cynthia Thielen, who lives on a "private" beachside lane that has a gate on its beach path, talked it over with other residents on that block and decided to leave it unlocked. Mind you, Cynthia is no bleeding heart liberal. She's a lifelong Republican and staunch conservative on private property issues. But she also believes in the spirit of aloha -- and she agrees that the beaches of Hawaii belong to everyone.

After they unlocked the gate, I heard from a Beach Access Hawaii member that a resident on that lane saw visitors walking back from the beach... and actually invited those strangers into their home. The folks who live on Rep. Thielen's street not only opened the gate. They opened their hearts.

Mele Kalikimaka!

Saturday, December 24, 2011

On the 11th Day of Gate-Mas...



Pictured above is the infamous Green Monster that was put up on L'Orange Place in Kailua a little over four years ago. Only one couple on that block opposed it: Bob and Trudy Moncrief, who are on the left side of the photo. Sadly, Bob passed away last year while that gate remained locked, keeping out neighbors, fishermen and visitors. He said it went against the spirit of aloha, and for speaking out publicly against the gate, the Moncriefs were ostracized by the other L'Orange homeowners (some are mainland people who care little about Hawaii's customs or traditions).

The silver lining though was it brought Kailua residents together. On the night of the first Neighborhood Board meeting at which the L'Orange gate was discussed, Bob stood up and said he lived on that street... and he was adamantly against it. Before he sat down, someone asked me to get a list of names and email addresses so we could organize our own meeting. There were eleven of us that signed up that night.

Within a couple of months, our list grew to over two hundred and Beach Access Hawaii was born. From there we went on to form a statewide coalition that now includes thousands of supporters for our cause. Although the gate at L'Orange is still there, Bob and Trudy Moncrief continue to serve as inspiration for others who are fighting to protect public beach access throughout the islands.

Mele Kalikimaka, Bob! We miss you.

Friday, December 23, 2011

On the Tenth Day of Gate-mas...

We found that owners of beachfront homes in Hawaii were purposely growing out naupaka and other vegetation to block access along shorelines and keep the public away from those areas. In 2009, thanks in part to our lobbying efforts, new legislation was passed to impose fines on property owners (see below for article in today's Honolulu Star-Advertiser about notices being sent to Kahala homeowners).

Below is a photo of someone in Kailua using sprinklers to grow out naupaka -- which is also a way for them to claim more beach land as their own property since the vegetation line is used as a boundary. You can see the sprinkler head in the middle of the picture.


And here's the article that ran in today's newspaper...
State coastal enforcement officials are cracking down on beachfront homeowners whose property landscapes encroach on public rights of way in Kahala and elsewhere. The state mailed notices this month to nine Kahala beachfront property owners, asking them to cut their vegetation within 21 days or face a fine of $1,000.
The homes are between Kahala Beach Park and the Hunakai Street public beach access lane. The fines could rise to $2,000 on a second notice and also be taken for further action to the state Board of Land and Natural Resources if the landowners fail to comply.
State officials said civil fines could be as high as $15,000, plus other costs including restoration. The public shoreline right of way is generally defined as extending seaward from a beach's high water mark, allowing people to walk along the shoreline.
A problem occurs when a property owner cultivates vegetation to encroach into the right of way. "Maintaining public access along the shoreline is important, and fortunately a law is in place to ensure the beaches are kept free of encroaching vegetation from coastal properties that block the public right of way," said William Aila Jr., director of the state Department of Land and Natural Resources.
Scotty Anderson, chairman of the Waialae-Kahala Neighborhood Board, has said that some landowners have grown vegetation so that plants extend into the public right of way. Kimberly Mills, staff planner with the state Office of Conservation and Coastal Lands, said the state has mailed similar notices this year to property owners in Portlock and Paiko Lagoon and to six property owners along Diamond Head, and that all have complied with the notices.

Mills said of the nine properties in Kahala, one has been cleared of encroaching vegetation, while representatives of the remaining eight have asked for extensions and indicated they will comply. Mills said the Kahala property owners have until Jan. 31 to comply. The reaction has been different from in 2008, when some landowners in Kahala did not comply with the state's requests, Mills said.
Legislators passed a law in 2009 reaffirming the state's authority to enforce the maintenance of "beach transit corridors" by prohibiting vegetation. Mills said state officials had to develop a civil resource violation system before they could move forward using the 2009 law.


Wednesday, December 21, 2011

On the NInth Day of Gate-mas...

More than nine different organizations joined the Groundhog Day 2008 statewide rally for beach access: Surfrider (Oahu and Maui), KAHEA, Windward Ahupua'a Alliance, Hawaii Kai Hui, BEACH, Defend Oahu Coalition, Save Our Kakaako, Friends of Kewalo Basin and Beach Access Hawaii.


Tuesday, December 20, 2011

On the Eighth Day of Gate-mas...

The Hawaii beach access movement spread from Kailua to more than eight different locations on Groundhog Day in 2008: the State Capitol, Kakaako, Ala Moana Bowls, East Oahu, Kailua, North Shore, the Big Island, and Maui... there was even a Surfrider rally in South Florida that was inspired by our G-Day event!




Monday, December 19, 2011

Sunday, December 18, 2011

On the Sixth Day of Gate-mas...

Our Kailua neighbors posted security guards to keep people off their "private" beach-side lanes, which they must do at least once a year for 24 hours to show the road isn't open to the public. Yet these same people make use of PUBLIC services such as trash pick-up and mail delivery on these very same roads. Odd how a road can be public and private at the same time, huh?



Tuesday, December 13, 2011

The 12 Gates of Christmas


The first gate put up in Kailua Beach was this one on Dune Circle.  A founding member of Beach Access Hawaii told me her family lived there back in the 1960s and 70s, but decided to move after that gate went up over her parents' objections. It should be noted that when Kailua was first developed, all the beach lanes were open for neighbors to use.

But after Dune Circle homeowners erected this ugly monstrosity, it set off a chain reaction. As neighbors began using beach paths to the left and right of Dune Circle, residents on those roads followed suit with their own gates and "No Trespassing" signs. I don't think it was a coincidence that during the same time period many local owners were bought out by Mainland people, who didn't have the same attitude about sharing the ocean. They lacked aloha then, and lack it now.

Unfortunately, I have more than enough Kailua gates alone to fill up the 12 Gates of Christmas theme. I could even add "Gates of Christmas Past" since there are over 17 gated roads in Kailua at present. However, I intend to post a few gate pictures from East Oahu as well to share the joy of Christmas in Hawaii, where public beaches are becoming semi-private playgrounds for the rich and tourists!



Thursday, December 1, 2011

Season's Gatings... er, Greetings!

Well, another year gone and no progress on having the county or state government do something to prevent more gates from going up in Hawaii, like the one above in Kailua... which happens to be at the semi-private end where President Obama and his family stay during their Christmas vacations here. I voted for him and believe he's done a pretty good job, considering the mess he inherited from Bush. But it bothers me they chose that location, because there are no public rights of way for over a half-mile on that stretch of beach -- which makes it easy for the Secret Service to keep everyone else out. Heck, the people who live on those streets have been doing the same thing for years!

Anyhow, below is a little Christmas story I wrote awhile back that has nothing to do with beach access, but presents a different way of looking at "the gift of nothing." For instance, we haven't had another gate put up in Kailua since the Grinches on L'Orange Place erected their ugly green monstrosity, which ignited the beach access movement in Hawaii. So maybe that's good news.

I originally published this last year on my Squashed Gecko blog, which primarily deals with my struggles to make it as a screenwriter in the TV and movie biz...

My Obama Christmas Story for Kids

For my own amusement, over the years I’ve written little hand-made books for my nieces. Sasha and Ana were about the same ages as President Obama’s daughters, Malia Ann and Sasha, when I began the Uncle Monkey series of Christmas stories. It was also a form of therapy to deal with disappointment and frustration that my screenwriting career wasn’t going as planned.

In the books, Uncle Monkey is a grumpy, cynical chimpanzee writer of animal-centered tales that mirror current events in the human world. When President Obama and his family came to stay in Kailua — where I live — after the historic 2008 elections, the prolific primate was inspired to write “Empty Boxes,” which seems even more apropos this holiday season. Here is a shortened version, minus the art work…

PROLOGUE

“Can you tell us a Christmas story?” little Ana asked.
The chimp scratched his chin and nodded. “Hmm,” he hmmm’d. “Yes, I can, as President Obama would say. Actually, he would say, ‘Well, um, yes’… except it’s a sad tale that will leave you weeping with joy or laughing in sorrow. It’s about a character named Sandy Claws.”
“You mean Santa Claus, don’t you?” interrupted Sasha.
“No, Sandy Claws was a crab who lived in the ocean. But he liked to hang out on the beach too, where he would scavenge for odds and eggs –”
“You mean odds and ENDS,” Ana said.
“No, eggs — fish eggs and bird eggs, which he liked to eat for breakfast. Now stop trying to tell me what I mean and listen, or I will not continue!” Uncle Monkey snapped. In truth, he was cranky because he had a beginning for his fable about human greed, but he was still searching for a satisfying ending. He often told himself, It will all work out in the end. Yet all the troubles in the world never seemed to end! So how could things ever work out? This thought made him sad and depressed.
“Well,” he said, sounding a bit like the President. “I did, um, say it was a sad story… and… look, these are troubled times with enormous challenges facing crabs and sea life due to global warming –”
“AHEM, ” Ana interjected. “We want to hear a Christmas story, not a political speech!”
“Oh, okay,” sighed the grizzled old chimp. “Here is The Fishy Tails of Sandy Claws, The Crabby Crab of Christmas Beach, which was rejected by all the fish book publishers.”
“Did you try to sell it as a movie or TV show?” asked Sasha.
Uncle Monkey nodded yes. “My agent thought it would be perfect for Animal Planet Shell-o-vision, but they felt it was too depressing for kids. They thought Sandy Claws acted greedy and shelfish.”
“You mean selfish?” said Ana.
“No — shellfish! Ever since ‘Finding Nemo’ became a big hit, they only want fish stories. Not crab fables or shrimp tails. They’re prejudiced against shellfish. But I will tell you the story and you can judge for yourself if Sandy Claws was selfish.”
“I thought you said he was a shellfish,” Sasha noted.
“Yes, he is a shellfish. But I meant selfish this time… oh, never mind. Just read the darn story, okay?” he grumbled.

EMPTY BOXES by Uncle Monkey

Once upon a beach in Hawaii, there lived a cranky old crab who constantly complained about the litter and mess people left behind or threw in the ocean. It made him so mad that fish and “honu” (Hawaiian sea turtles) would ask if he had sand in his underpants, which might be irritating him. But since none of them wore underwear, this only made the crab even crabbier.

Christmas was the worst time of all for him. Sea birds and monk seals would mock the crab for the way he walked sideways. When he angrily raised his claws and snapped them at the birds, they laughed at him. “Ha! You couldn’t snip your way out of a wet paper bag with those weak little claws of yours,” taunted the birds.

Turning red with embarrassment, the crab retreated to his hole in the sand. Sandy Claws didn’t have many friends. Like many crabs, he was shy and at parties would not come out of his shell. And his habit of eating dead fish he found on the beach was a turn-off for live fish he wished to befriend.
The reason he disliked Christmas so much was that more humans would flock to his beach for the holidays, and many would toss their flower leis into the water or throw wrapping paper from their gifts on the sand. Sandy Claws had to pick up all the bows and ribbons these careless people threw out. But he was jealous too because no one ever gave him any gifts. All he ever got was the empty boxes people left behind.

Then one Christmas Eve, something remarkable happened. He noticed there were more humans than usual with cameras, all stopping and staring at a particular house near his hole in the sand. There were men in long pants, wearing dark sunglasses, talking into radios while standing around the house. Obviously a Very Important Person was visiting. But who could it be?

“Pssst… wanna know who it is? Do ya?” whispered a little birdie. “It’s the Obama!”
“What’s an Obama?” asked the crab.
“I dunno, but everyone is wearing shirts or carrying signs that say something about Obama,” the birdie replied.
“Well, whoever or whatever this Obama is, I hope he does something to clean up the ocean and beaches,” the cynical crab said.

As more people came and left, Sandy Claws saw that some were leaving gift-wrapped packages next to a palm tree by the Obama house. What could be in those boxes, and who were they for? “Maybe they’re for me!” thought the crab. Oh, he knew they were not meant for him, but he could not resist the temptation to pretend that these presents had his name on them.

And when he sneaked closer to the packages, what did his beady stalk eyes see, but the name Santa Claus on some labels. “Close enough,” said Sandy Claws as he began to drag the boxes back to his hole. Using his claws and smaller pincers, he carefully removed the ribbons and unwrapped each package. Then he took out the gifts and replaced them with wilted, soggy flower leis he found on the beach or other plastic junk he plucked out of the ocean. Some of the boxes he re-wrapped contained nothing at all except a little sand. After he put the bows and ribbons back on, he placed the packages next to the palm tree where they were originally left.

Sandy Claws looked at all the gifts he had taken: candy, cookies, Hawaiian goodies and also things for little girls such as dolls and toys. So it was clear this Obama had children. And Sandy Claws disliked children because they were always chasing after crabs like him or poking sticks into their holes in the sand.

“Ha! I’m glad Obama and his daughters will be getting trash and empty boxes for Christmas,” the crab muttered to himself. “Besides, why are people giving them more useless stuff when they obviously have so much already?” Which made Sandy stop to think about the gifts piled up around his humble hole. To fit in all the pilfered presents, he had to dig out more space. It was exhausting work to make room for things he didn’t really need.

Despite his constant grumbling, the cranky crab realized he didn’t have it so bad after all. He had eight good legs, plenty of garbage to eat, plus a beautiful beach he called home. “I should share my bounty with the honu, fish and dolphins. They’ll see that I may be a shellfish, but I am certainly not selfish!”

That evening, the men in long pants with the dark sunglasses (which they wore at night to make themselves look more mysterious) picked up the “re-gifted” packages and brought them into the big Obama house. Meanwhile, Sandy Claws put all his pilfered presents into a large mesh bag he had swiped from a kayak, and dragged it into the sea to deliver his gifts to less fortunate sea life.

“Ho-ho-ho! Merry Christmas to all my ocean friends,” he called out. Soon he was surrounded by curious dolphins, fish and honu. Even a couple of sharks cruised by to investigate what was happening. He opened the mesh bag and began to give presents to the smallest and youngest creatures. Unfortunately, all the candy and cookies had dissolved into a messy mixture.
Nice,” snickered a sarcastic starfish. “Some gift!”

Undeterred, Sandy Claws gave a silver necklace with a silver flower charm on it it to a baby parrotfish…. who ate it by mistake. “That’s just great,” the angry parent parrotfish squawked. “Why don’t you just hand out sharp hooks to all the baby fish, huh?!”

“Sorry about that,” the crab said. “How about a doll then for your other baby fish?” However, as he pulled the cheaply-made doll from the mesh bag, his claw severed the plastic head. The monk seals and dolphins began to play an underwater version of soccer with the doll head. Sandy looked at the label on the doll’s body: MADE IN CHINA. “Tsk-tsk,” sighed an old honu.  “That doll was probably made by underage kids who are forced to work for slave wages!”

Sandy Claws was very sad. He tried to do a good thing by sharing his gifts. But all he got in return was scorn and scoldings. This was his worst Christmas ever. As he turned sideways to crabwalk away, he heard a small soft voice call to him from the ocean floor… “Hey, Sandy,” the tiny starfish said.
“Yes?” he replied hopefully.
“YOU’RE NOT GONNA LEAVE ALL THIS CRAP HERE, ARE YOU?” yelled the angry starfish. The gifts that looked so nice and new when he first unwrapped them were just more useless junk and garbage — because, as the dolphins would say, they had no useful porpoise for these sea creatures.

*******

On Christmas morning, Sandy Claws woke up and decided he would return to being crabby since being generous did not work out very well for him. But as he walked home, over the sound of gentle waves breaking on the shoreline, he heard two young girls giggling with delight. It was coming from the big Obama house. “Oh, no! Those girls will be so disappointed when they open their presents and see they got garbage, or worse — nothing at all!” he blurted out to the little birdie pecking around in the sand next to his hole.

“Whatcha gonna do, Sandy? It’s too late to fix things now that you ruined their gifts… unless — nah, it’s too crazy,” the birdie said, his voice trailing off.
“What? Tell me!” the crab implored.
“You could make up for it by offering yourself as a gift to the Obama,” chirped the bird.
“Huh? You mean…” said Sandy, slowly getting the bird’s drift.
“Yeah. Crab salad. Self-sacrifice is what Christmas is all about, right?” the birdie noted.
“Maybe they don’t like crab meat though. In which case, it would be a wasted sacrifice,” said Sandy.

Depressed and dejected, the forlorn crab looked up and saw the entire Obama family was gathered outside in front of the house with their presents. He quickly scooted over the sand and rocks to get a closer look at the famous family. There was the President, his wife and two young daughters, all beaming with anticipation.

The father handed wrapped presents to his wife and girls. “These gifts are from the good people of Hawaii. I wonder what they gave us! Let’s open them, and, um… let’s see, shall we?” While he and Michelle carefully opened their packages, Malia and Sasha gleefully ripped open their gift boxes.
“Hey! There’s nothing in my package,” whined the older daughter.
“Mine is empty too,” frowned the younger sister.
The wife held up a wilted flower lei that was still dripping sea water. “It smells like wet dog,” she sniffed. The father held up his empty box. A few grains of sand and pieces of plastic junk fell out. He smiled though and took the wilted lei from his wife. Then he put it around his neck.
“Dad, are you crazy?” asked the younger daughter.
“I think the people who gave us these empty boxes are the ones who are crazy,” said the older sister. “Not just crazy, but mean too. Why would anyone wrap up boxes of nothing!”

Their father nodded thoughtfully, paused for a second as he looked out at the beautiful blue ocean and white sandy beach. “Well, girls… um… maybe someone less fortunate than us needed what was in those boxes, or wanted those things because they lack, um, something. So they took the things inside the boxes… and, um… they forgot that they could not take what the gift-givers intended to share with you — with our family. And that is the gift of love. What I see in this empty box is Hope and Love.”
Sandy Claws’ eyes welled up with tears. But as he tried to wipe them with his big claw, he nearly cut his eye stalk off. He sniffled and turned to the little birdie. “The Obama understands the true meaning of Christmas. Sometimes the best gift is… nothing!”

Then they heard loud laughter — it was the father and mother, who were consoling the crying girls. “Nah! Just kidding. Your mother and I got you real presents that are inside. You think we’d give you nothing for Christmas?” the father chuckled.  The sisters wiped their tears off and smiled. Their father sniffed the soggy lei and made a face. “I bet some crabby old McCain-Palin supporters left us those packages. At least we can be thankful it wasn’t a bomb.”
So Sandy Claws was right after all. Sometimes an empty box is the best gift.

THE END
*********

Ana and Sasha looked at each other. “That’s a terrible Christmas story, Uncle Monkey!” said Sasha. Ana agreed: “Nobody would give a bomb for a Christmas present!”
“Ah, but they could. That’s the point of my story. Things can always be worse than they are,” the chimp replied. “So, a box full of nothing can be better than a box that has useless stuff in it… or worse, BAD things in it.”

Mele Kalikimaka! May all your empty boxes be filled with good memories and room for better things to come.

Tuesday, October 11, 2011

Blog Changes

The original www.BeachAccessHawaii.org site is no more, now that the domain registration has expired. I'm sorry to say I don't know if the BAH cause is dead as well. I know people care, but unless someone wants to pick up the ball and run with it, the issue will fade away because I can't continue to do it alone.

Eg., this blog. While attending to my full-time job as producer of a local TV show for OC16 (www.CareerChangers.TV) and blogging for the Honolulu Star-Advertiser, I've been remiss in updating the BAH blog. When I returned, lo and behold, Blogger had changed the customized settings... so I had to convert the plain text to this generic template, which is temporary. If anyone would like to take over the BAH blog maintenance and update duties, please contact me. 

But this blog is the least of my worries. The biggest problem is the lack of political will to do anything to protect public beach access. County officials say go bug State legislators or the DLNR. State officials say it's not their problem because anything above the high water mark along shorelines is in the county's domain. Until someone dies due to a locked gate, or a lawsuit is brought against homeowners who deny access through a beach right of away on "private" property, nothing is going to change in Hawaii. More gates will continue to be put up, forcing even more locals to get in their cars and drive to beach parking lots instead of just walking across the street. That will lead to more cars parking on side streets when the lots are full, creating more problems for residents -- all because their wealthier neighbors will not share their beach paths with others.

It's no coincidence that across the country thousands and thousands of people are rising up against the the Greediest Generation, symbolized by Wall Street and politicians who bend over backwards to give out tax breaks to the rich. Fox News keeps calling them the "job creators," yet after more than eight years of Bush tax cuts for those so-called job creators, where are the jobs? You know where their tax savings are going? Yep, they're buying up beachfront properties, renting some of them out as "corporate retreats" or bed and breakfast operations, putting up locked gates and telling longtime residents to go screw themselves.

But here's the thing: no matter how much money they have or how much property they acquire, they are going to die some day. And when they are nothing more than bones or ashes, what we'll remember about those people who locked out their neighbors, is... well, nothing. We'll remember those who showed aloha and welcomed neighbors, instead of treating them like scary boogeymen.

Thursday, August 11, 2011

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

Tuesday, August 2, 2011

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.

Friday, July 1, 2011

No Freedom of Beach Access Here


Sorry I've been MIA of late as far as Beach Access posts and updates. There have been developments -- developers want to build closer to the water in Waikiki, and expand the Turtle Bay Resort still. The Kailua Beach "Master Plan" came out, and all it did was say what others have said over the past few years about what should be done... but won't be, because it's just another study that will be put on a shelf to gather dust along with other studies done by the very same people.

On this Fourth of July, thousands of people will head to beaches all over the island to watch fireworks. But in Kailua, most of them will have to try and park in just two public beach parking lots because the majority of beachside lanes are gated or have posted "KEEP OUT" signs. Some of those "private" streets such as L'Orange Place, have even resorted to hiring security guards to turn away kids and parents who live across the street from them. Such fine, upstanding, patriotic neighbors, aren't they?

In the picture above, that's the Kailuana Place gate -- it's on a private easement, but that is a PUBLIC street. Hawaii residents pay taxes to maintain the road for those people who have decided to make that end of the beach their own private little enclave. Ironically, President Obama and his family have chosen to spend their Christmas vacations in an oceanfront mansion on that very street. Why? Because of its privacy! It's easy to keep out the riff-raff and common folk. I voted for Obama and still support him... but I wish he and his family would take a walk with me along Kailua Beach, so I could show him how greed has turned Kailua -- and our country -- into two distinct societies: the rich, who continue to get richer under GOP tax-cuts for the wealthy; and the struggling middle class, who can't even enjoy our "public" beaches thanks to the gated community mentality of certain people. So much for "democracy."

Wednesday, May 4, 2011

May 7 Rally to Preserve Waikiki Beach

Sorry for such short notice, but just got this info from our allies at Surfrider and KAHEA. They will help lead a rally to protest the proposed plan by Kyo-Ya Resort and Hotels to build a new massive tower next to the historic Moana Hotel on Waikiki Beach.

A LINE IN THE SAND: RALLY TO PROTEST
KYO-YA’S NEW TOWER IN WAIKIKI


Concerned citizens are invited to meet at the zoo at 9:30 AM to walk down Kalakaua Ave. to the proposed site at 10:00 a.m. Participants are asked to wear blue. Bring your families and friends. Members from environmental groups like KAHEA, Surfrider Foundation, Hawaii’s Thousand Friends and the Ka Iwi Coalition will also be in attendance.

As part of the Waikiki Special District, zoning laws were passed decades ago to protect the beaches of Waikiki and to limit shoreline development -- and the coastal erosion that comes with it. Existing hotels were allowed to remain as they were. The understanding was that subsequent developments had to follow the new zoning codes. But Kyo-ya and its corporate partners in New York want special exemptions to tear down an existing 8-story building and create a new 26-story tower. The Dept. of Planning and Permitting granted them variances to violate the existing height and shoreline setback requirements, but a coalition of petitioners is seeking to appeal this decision.

“We’re asking people to draw a line in the sand against Kyo-Ya’s plans,” says Tim Tybuszewski, Surfrider’s Oahu Chapter Co-Chair, “because their new development will create a dangerous precedent for other developers to ask for similar exemptions from the zoning code so they too can start building taller towers closer to the water. While other high-end hotels such as the Hale Kulani have successfully abided by the rules, Kyo-Ya asserts they shouldn’t have to adhere to the zoning code.”

According to the zoning laws, beachfront buildings in Waikiki must be built 100-feet inland of the vegetation line. Shoreline setbacks were designed to protect our beaches and public safety, but Kyo-Ya wants to build new structures closer to the water and to harden the shoreline with a higher seawall. This is likely to cause more beach erosion. No amount of sand replenishment will be able to restore Waikiki’s shrinking beaches in the face of more construction, storms, hurricanes, tsunamis and sea level rise. Kyo-ya asserts that beach sand replenishment, paid for mostly by the taxpayers, will restore the beach in front of their new tower and wall... but for how long? As other walls on the Waikiki shoreline demonstrate, where the shoreline has been hardened, the beach washes away -- and with it goes beach access.

The new tower will also contribute to the canyon effect, dwarfing the historic Moana Hotel and further destroying Waikiki’s unique sense of place. If approved, Kyo-ya’s plans could motivate a new wave of developers to seek the same exemptions and build more towers and walls on the Waikiki shoreline. Rally organizers invite other groups and citizens to join their protest to see where the proposed new tower will be built, and learn more about how this development will affect Waikiki.

******

Please attend the rally if you can on Saturday. I'll be updating the BAH site and sending another group email soon about other beach access matters that have come up in the past couple of months... not much happening though on the State level due to the budget crunch. More to follow!

Aloha,
Rich Figel

Thursday, March 17, 2011

Tsunami Lessons

It's been awhile since I posted anything, but today's Honolulu Star-Advertiser column by Cynthia Oi got under my skin. Normally, I like her pieces. But I think she missed the mark in this one. Here's the passage that bothered me most:

While arguments about beach restoration, blocked view planes, high-water marks, vegetation lines and shoreline access take up much time here, these trivial disputes won't amount to a sand berm in the face of a fierce tsunami.


Trivial? If anything, what happened in Japan underscores the need in Hawaii for a joint State-counties coastal commission to address those matters, as well as the reality of climate change and rising sea levels. Our mission isn't just about protecting beach access -- it's about preserving what's left of our beaches as well.

She goes on to make the case that no amount of planning or spending can avert a catastrophe if we were hit by something akin to what happened in Japan. True enough. But does that mean we shouldn't do what we can to prevent smaller scale disasters from happening?

Moreover, there are things we can do that wouldn't cost anything. The first is so obvious, it seems like a no brainer: push back the legal shoreline setbacks for building! We have ample proof that allowing property owners to build closer to the sea leads to faster erosion rates in those areas. But these people don't seem to give a damn about anything other than their ocean view. They don't think Mother Nature can touch them. That is just human arrogance, plain and simple. If it was only the fool-hardy who suffered, I'd say they had it coming.

But we're the ones who pay for their hubris when nature strikes back. Who foots the bill for the clean up when those McMansions wind up destroyed and washed away into the eco-system? We do, since government workers have to deal with the mess. Much of their personal property loss would be covered by insurance... and guess who pays for most of that? You got it. The pay-outs come from premiums other homeowners pay, even if you choose not to live anywhere near a flood zone. We share their pain when calamities occur -- but not in their gains when they reap windfall profits from tax shelters and business write-offs.

What bugs me most though is many of these wealthy homeowners are also the ones who complain the loudest about government taxation and interference. But mark my words, if a hurricane or tsunami were to hit their exclusive enclaves, they would be first in line with their hand out, asking Big Government for help in restoring all the public services they receive on their "private" beach side lanes. And so it goes...

Here's the link to Cynthia Oi's column. What do you think?

Monday, February 7, 2011

New Turtle Bay Master Plan in Works

Just got a letter from Turtle Bay Resorts, saying that Replay Resorts has been brought in to oversee the entire resort -- including hotel management and the "real estate development program." I wrote about it in my Honolulu Star-Advertiser Career Changers blog, which you can read by clicking here.

To sum up for those who aren't familiar with the Turtle Bay controversy, there were plans drawn up two decades ago that would allow for expansion of up to 3,500 new rooms. Considering there is a single two-lane highway that serves the resort and surrounding communities, some thought that might present a bit of a problem. Not only that, the plan could impact shoreline access and alter the "country" feel of that area on the North Shore. The public outcry succeeded in halting expansion until a Supplemental Environmental Impact Statement could be done.

The new owners and Replay Resorts are now saying they want community input, and intend to create a new master plan that will address the concerns of residents. They seem to by backing away from the plans to add 3,500 units and say they do not want to develop gated luxury communities like you see around the Waikoloa resorts on the Big Island. That's good. Better yet, they are working with two land trusts to place a conservation easement on 469 acres of land mauka of Kamehameha Highway, which will be preserved for farming use. That's great news.

Let's hope they live up to their promise that they will be more transparent and responsive to community concerns.

Thursday, January 6, 2011

Why Hawaii Needs a Coastal Commission

Another contentious issue involving shoreline setbacks and county zoning laws has been in the news of late. Kyo-ya's plan to build a new oceanfront hotel in Waikiki next to the Moana Surfrider Hotel is drawing opposition from a number of environmental groups -- and for good reason: it sets a bad precedent that opens the door for other hotels and resorts to build closer to the ocean.

With indisputable proof of rising sea levels and cyclical beach erosion being a part of Hawaii's fragile ecology, you'd think someone at the county and/or state government level would object to any development that puts buildings closer to the shoreline. Yet our system divides jurisdiction over the coastline at the high water mark (or high wash mark... it's confusing to me). The state controls the beach up to that imaginary line, which shifts over time. Above that line in the sand, each island county makes up its own setback and zoning rules -- even though everyone in Hawaii has a stake in what ultimately happens with our coastline, since our beaches are probably the state's most valuable commercial resource.

What irks me is that nowhere in the discussion of setbacks does the issue of residential development come up. In Kailua, where I live, I've seen more and more rebuilding in which older homes that were set back a good distance are now being replaced by Kahala style mansions that jut out in front of neighboring houses to be closer to the ocean. This pattern of building bigger and closer to the sea has resulted in the loss of beaches at Kahala and Lanikai. Yet there doesn't seem to be much concern about the same happening in Kailua -- at least not in the local media or at the government level.

This is why we need a Hawaii Coastal Commission that could oversea... er, oversee legal and environmental issues related to the ocean, beaches and shoreline. The current split jurisdiction system is not working and leaves too many loopholes for commercial developers and property owners to exploit for their own gain. And that means the people of Hawaii lose out in the end.

Here's the link to the Honolulu Star-Advertiser article about the Kyo-ya plans and opposition to it.