Coastal Zone Management Report: Ain't Our Job!

Guess what? The State Department of Land and Natural Resources, Deputy Attorney General Linda Chow, county planning directors and Coastal Zone Management got together to discuss public beach access issues at a June meeting... without informing the public or any of the organizations that have been involved with this!

So they recognize shoreline access has become a major problem in Hawaii, but they feel it's just a "private property rights issue" because of where the gates are situated. Hello, some of these gates are on PUBLIC streets such as Namala Place and Kailuana Loop in Kailua. True, the easements themselves are on strips of land that are privately owned. But if the homeowners want to make that "private" land claim, they should also pay for the upkeep on those streets and for private trash pick up. Those properties should also be taxed at the higher rate that homes on "private" lanes are supposedly charged, since they want to deny public access to the beach.

The report also acknowledges that climate change and rising sea levels are major concerns for the future. Yet if you walk along Kailua Beach, you'll see homes are being built even CLOSER to the ocean -- and no one in the City Council or State government is doing anything about shoreline setbacks on Oahu. We've seen what happens when homes are allowed to be built closer to the ocean in Lanikai and Kahala, where it has accelerated shoreline erosion and beach loss.

But, as with most things, people don't know what they have until it's gone. If you don't make your concerns known to our elected officials, you can say goodbye to free beach access -- and the beaches themselves. Meanwhile, one wonders what the State DLNR and CZM are actually doing with our tax dollars. Oh, that's right -- they're protecting "private property" rights while our rights to public shoreline access are ignored.

You can download the CZM report by clicking here...
CZM%20report.pdf

Another Oahu Beach "Off Limits" to Public

This article appeared in the Honolulu Advertiser on Oct. 6. Further down in the story if you go to the link, Waimanalo Neighborhood Board Chairman Wilson Ho says the public has been going to this beach for 20 years and is just hearing about this restriction now...

Bellows beach policy a surprise
Air Force says stretch some assume is open to public is off limits - By Eloise Aguiar, Advertiser Windward Writer

WAIMANALO - For decades the public assumed that Bellows Air Force Station beaches were open to local residents on weekends, but an encounter with military police there has revealed otherwise and community leaders are studying the situation.

Kim Falinski of Kailua said she was walking on the beach between Waimanalo Bay State Recreation Area and the public campsites on Bellows when she and other people were approached by a military man in uniform riding a four-wheel drive vehicle. He asked for identification and told her the beach was closed 24/7, Falinski said, adding that she asked for a contact person she might talk to but was brushed off. Rather than confront the man, she said she left.

"I'm not a community activist," she said. "I'm just a community member. I'm told it's closed 24/7 and I'm told by someone with a gun."

Click here for the rest of the story.

Can You Trust the Realtor Lobby?

We did a lot of grass roots awareness this past legislative session, and moved forward, albeit slowly, in fashion with the political process. Recently Pacific Business News provided a recap on Real estate-related bills must await another day.
Among those favoring the proposal was Marti Townsend, program Director for Kahea, the Hawaiian-Environmental Alliance.

"From high parking fees to no parking at all, private gates to shoreline shrubbery, poor signage to vacation rentals beachfront resorts to military installations, access to Hawaii's beaches is in serious danger."

Opponents included the Hawaii Association of Realtors.

"With regard to major developments, it is highly likely that property owners would readily agree to providing public access upon final approval of their projects," the association testified. "It is not practical to impose requirement for public access prior to the final approval on entitlements."

When I first read this comment (my emphasis in bold) I thought it was a typo! Did they mean "highly unlikely"? That has certainly been the position taken by beach front property owners in Kailua. Just drive down Kalaheo Avenue and you will see a steady stream of "Private Lane" and "No Public Access" signs posted block after block. And let's remember that it was the gating off of the traditionally shared access point on L'Orange Place that led to the formation of Beach Access Hawaii.

Here are just a few advantages for homeowners. The more access points we have:
* The less traffic impact on each individual access point.
* The faster emergency response for fire and safety officials should you or your guests be in danger on the beach.
* The more the local residents can keep the access clean and monitored for good behavior.
* The less hostility will be generated in the community; hostility can lead to vandalism.
* The more we get to share the spirit of Aloha and keep Hawaii, Hawaii, instead of becoming like the gated communities on the mainland.

I would love to see our local realtors start a public petition stating their name, company, and an affirmation that they indeed will promote beach access in every sales contract they write up, and will help us educate beach front homeowners to the many advantages of keeping more access, not less. 

Realtors, do we have any takers? Do you really believe that most homeowners that most homeowners are likely to willingly provide unfettered beach access? I'd love to hear from you.

[Rich is on vacation and he has asked me to blog in his absence.]

Letter of the Week

Your letters continue to make a difference by keeping the issue in the public eye, so keep sending them! This heartfelt message appeared in the Honolulu Star-Bulletin Letters to the Editor on Sat., Nov. 23, 2007 :

"Everyone should have easy beach access"

I am deeply concerned and saddened by the recent Kailua beach access issues. This is, however, no longer an "issue" -- it is a crisis. The State Supreme Court once opined that "the Western concept of exclusivity is not universally applicable in Hawaii." The problems in Kailua lead me to believe that this principal is slowly being eroded.

When beachfront lots were initially offered in Kailua, I, like many Hawaiians, could not afford one. Those who could afford the lots built houses, and many of them let the City and County install and maintain the roads. These communities availed themselves to the benefits of city living (water, sewer, garbage pickup), yet at the same time, they put up locked gates, excluding everyone else from enjoying Hawaii's greatest natural resource -- the beach.

As an octogenarian, I am no longer able to enjoy our beautiful beaches like I did when I was younger. My mo'opuna, and every other resident of Hawaii, are entitled to unencumbered access to our beaches.

Let's re-introduce Rep. Marcus Oshiro's bill to stop the wrongdoing being done to us Hawaiians. Ua Mau Ke Ea O Ka Aina I Ka Pono (The Life of the Land is Perpetuated in Righteousness).

Elizabeth Ernst-Heiligman
Kailua

Politics vs. Reality

The biggest laugh of the night at the last Kailua Neighborhood Board meeting was in response to a comment made by the Mayor's assistant, Ann Chung, about our group's suggestions to make Kalaheo Avenue safer for pedestrians. As you can see in the photo above, the stretch of road between L'Orange Place and the public beach access is especially dangerous for parents with children in tow since the dirt and debris takes up half the shoulder. Bicyclists use that same narrow lane too. It's an accident waiting to happen. But so far, our concerns have been ignored by officials.

We also requested that crosswalks be painted at every public right of way location. Sounds sensible, doesn't it? However, our "No Can" Mayor had his assistant tell us that maybe crosswalks aren't such a good idea, because they give pedestrians "a false sense of security." Even members of the Neighborhood Board laughed at that excuse to justify doing nothing. Yet later on, another government official suggested the answer to making Kapaa Quarry Road safer was to paint some lines on the road and put up signs -- probably because that's a lot cheaper than fixing the road itself.

And you can be sure our elected officials will use the money excuse to do nothing on beach access unless we make it clear it will cost them votes come election time. If you haven't already written our government representatives, please use the email contacts on the right side of this page under "Get Involved" and tell them you want to know where they stand on the issue!

Barbara Marshall's MidWeek Column

In case you missed it, here's what our City Council Chairwoman has to
say about the issue. She claims there are "many" public beach accesses,
yet ignores the fact that some aren't even marked clearly, and others
are more than half a mile apart. Marshall also apparently hasn't walked
along Kalaheo Avenue herself, or she'd see how dangerous certain
stretches of that road are for parents with children who have to to
avoid speeding cars as they walk further distances to reach those
public accesses. Also, why is it that if a property is a Land Court
parcel, it is somehow exempt from Hawaii State law as she seems to
imply below when she says "adverse possession" can't be applied? We
suggest you ask her these questions via email, phone calls or in person
at her next 3 TALKS meeting on Tues., Oct. 30 at the Kaneohe Community
and Senior Center.

--------------------------------------------------------------

"Kailua Beach Access An 'Oil-and-water' Mix"

Written by Barbara Marshall for MidWeek Oct. 24, 2007 Issue

The Council is working actively to formulate policy on affordable housing, and we again urge residents to provide input into this very important issue. Meanwhile, the closing by homeowners of the private beach access at the end of L'Orange Place in Kailua has brought great emotion and
considerable controversy.

This is not the first time beach access has raised passions - and it probably won't be the last. The State Constitution guarantees the public's right to use all beaches in the state; the State Supreme Court - on numerous occasions - has upheld the public's right to beach access, and many state laws exist that task the counties with the responsibility of ensuring public beach right of ways.

Generally, no person or entity is allowed to prevent or otherwise restrict the public's use of an existing public beach right of way. Public beach rights-of-way are usually marked by a bright blue sign, but sometimes overgrowth or vandalism can render these signs illegible or obscure them completely. In addition to the numerous beach parks, there are many public beach rights-of-way in our district:

Kailua, Waimanalo

Mokulua Drive A, Ehukai Street, Mokulua Drive B, Hihimanu Street, Mokulua Drive C, Hinalea Street, North Kalaheo Avenue at Kawainui Canal, Kaula Street, North Kalaheo Avenue at Ainoni Street, Hilu Street, North Kalaheo Avenue at Dune Circle, Manana Street, North Kalaheo Avenue at Pueohala Place, Alaihi Street, South Kalaheo at Kuuniu Street, Puuone Street, Milokai Place and Wailea Street

Kaneohe

Ipuka Street, Kaimalino Street, Kaneohe Bay Drive Beach Remnant, Kaneohe Bay Drive A and Kaneohe Bay Drive B.

I have always supported the public's right to beach access and strongly encourage owners of private beach-access points, as many generous owners already do, to continue to allow the general public to use them. But this issue butts the rights of private property owners right up against the desires of long-time beach-access users - and this appears to be an oil-and-water mix at this point.

The city does not have any explicit ordinances regarding private beach-access points. When a property owner submits a building permit for the installation of, say, a gate across a private beach-access point, the process is purely ministerial - meaning that so long as the structure meets building and zoning standards, there is no review. This is not unlike a homeowner applying for a building permit to build a new fence around a property.

That does not, however, sit well with people who for decades have been using a specific path to get to their favorite beach. There has been talk of "adverse possession"-in some parts of the law someone who uses a parcel of land for a certain period of time can have some rights to continue to use that land. However, Hawaii's Land Court system does not allow "adverse possession"-and the L'Orange Place parcel is a Land Court parcel, we are told.

There are some private beach accesses that do allow use by the public-and some that never have. It is a sad day whenever an access which has been public is barred to the public.

If you will allow me a personal reminiscence: For years and years I walked in the very early morning, before sunrise, on a certain stretch of Kailua Beach accessing over an empty lot. I will never forget the morning I arrived for my usual walk to find a huge board fence stretched across "my" access. So I sympathize and empathize with those long-time users of L'Orange Place, and I wish I could regain my access and theirs as well.

But we are fortunate in this country to have private property rights that preclude uses of our own private land by people we do not choose to welcome. And the folks on L'Orange Place have exercised their right to no longer welcome the public. That is their privilege and the community's loss. We can only hope that other owners on other private ways do not follow suit- and be grateful that the lawmakers and the judges in our state have, at least, ensured that the beaches themselves remain public - and that there ARE public accesses to those beaches.

We had more than 100 people at our September 3 TALK to discuss this very issue. If you wish to discuss this or any city issue, we welcome you at any of our monthly 3 TALKs. The next one is at 7 p.m. Tuesday (Oct. 30) at Kaneohe Community and Senior Center.

Once Again, Art Mimics Life

We are not sure whose "art" this is, but this sign was found next to the
sculpture by the Kalapawai Cafe in Kailua. Mahalo to the artist and
photographer!

Mayor Mufi says No Can!

Dear Wendy:

Thank you for your message.

Both of the beach accesses mentioned in your email are privately owned. Unfortunately, it seems that public abuse over the years, and the property owners' concerns with liability, have resulted in the closure of the two beach entrances.

The acquisition of private property for public use, including the conversion of a private beach right-of-way, is challenging and unless the owners agree to sell it to the City, it involves City Council action authorizing the funding, condemnation, and acquisition of the property. Once acquired, it would be the City's responsibility to maintain the access.

While we yearn for days gone by when beach access was readily available and people were comfortable leaving their home doors unlocked, we do not have the luxury of those simpler times. Beach access must now be gained through the proper process. Unfortunately, faced with aging infrastructure and the City's limited resources, we cannot afford the purchase of these private right-of-ways at this time. In the meantime, we must utilize the public parks and beach accesses that are avalable in the areas.

Aloha,

Mufi Hannemann
Mayor

Note: The original letter to Mayor Hannemann can be read here.

Access to Oahu's shoreline is being blocked little by little

State law dictates that Hawaii's shorelines are public and access cannot be restricted, but houses, hotels, resorts and commercial buildings effectively block wide stretches of Oahu's coasts. Except for intermittent glimpses through park areas, even views of the ocean from beachside roads are few and far between.

So the recent conflict between public entitlement and private landowners about a right-of-way to Kailua Beach is a common episode, one that will be repeated until a sensible, enforceable policy is established to support the access law and existing standards for pathways are implemented.

Political leaders have struggled to satisfy private-public demands and haven't made beach access a priority, but failing to do so erodes the objective of keeping Hawaii's shores open to all.

Read the entire article at the Star-Bulletin here.

The Kailua board is against blockage of a private access

Last weeks Kailua Neighborhood Board was well attended. However, the Board has declined to take action on a gate installed at a private driveway blocking access to Kailua Beach but is asking the city to help prevent similar gates in the future.

Read the full article at the Star Bulletin website.

City Should Assess Tax on Private Lanes

Kailua and the rest of O'ahu have thousands of private lanes leading to residents' homes. Did you know these lanes are co-owned by the private residents but the city charges no property taxes on them? The city should start doing that.

It only seems fair — after all, the public doesn't have the right to use them. If the city started billing the homeowners for these lanes, it's likely that some of these homeowners would then dedicate (give) them to the city so that they won't have to pay the taxes. The effect of dedicating them to the city is that those lanes would be opened up to the public. For those who decide to keep their lanes, and pay the taxes, the city will receive additional revenue.

One idea for the city's use of this new revenue could be to purchase oceanfront property in areas where there is limited beach access. Remember when former Mayor Frank Fasi bought beachfront properties along Diamond Head for the city? Aren't we glad we did?

Libby Tomar
Kailua

Gates, Walls Shouldn't Deny Access to Beaches

As a Kailua resident and avid beach user I am opposed to gates, walls or any obstructions to deny people access to our beaches. It is now common practice for homeowners to landscape with rocks and trees on public easements fronting their property to prevent beachgoers from parking near "their beach."

I thought the proliferation of walled estates was bad enough, these selfish residents are now encroaching on public property.
What will you do to ensure public rights-of-way are available to everyone in every neighborhood? What we need are more rights-of-way, not fewer. Or is the master plan to make Kailua like Portlock — a playground for the rich and famous?

Chris Windle
Kailua

Kailua Neighborhood Board to Discuss Beach Access

This coming Tuesday, October the 9th , the KNB Sustainability Committee will be meeting. Among other things, they are planning to discuss beach access related issue. The meeting will be held at 7PM at the Kailua Recreation Center.

Gating is Against the Roots of Kailua

Publicly-traded companies, developers, and hotels are diminishing shoreline access on Maui and the Big Island. Since the 1980s and accelerating into the 1990s, locals have seen some of their favorite beaches and canoe launching accesses altered and lessened in the name of development.

Let’s learn from that example and work to keep beach access open for pedestrian use as has been the custom for the past 40-50 years. Walking to Kailua Beach is a tradition and way of life for many. We will not take the lessening and diminishment of beach access lightly, for once one private access is closed, others will follow.

Kailua used to be (and I believe still is) a very different place from Malibu and Laguna Beach -- beach communities with gates, walls, and access for only the elite few. Kailua is different – yes, absolutely different, as we have come from the Hawaiian tradition of open beaches, access for all, and yes, “our aloha spirit.”

This is a time when we are being encouraged to “go green,” drive less, get cars off the road, and walk more. Taking away a beach access is taking away a resource that goes against the heightened environmental awareness we are encouraged to practice.

Gating and closing off beach access goes against the very root of Kailua.

I propose that we work as a community at a grass roots level on this vital issue. Let’s sit down with our neighbors on L’Orange, talk it out, and come to what is right, or “pono” for both sides.

Margy Grosswendt
Kailua Resident

Privatizing Beach Access Just Feels Wrong

This week I attended the meeting held by Barbara Marshall which shed light
on the new gate that went up on L'Orange and the potential for more gates to
be erected on private roads in Kailua and across the state. Ms. Marshall
suggested that we put ourselves in the shoes of those who put up the gate;
that we should consider what it would feel like if everyone cut through our
yard to get to the beach or everyone accessed the park through our backyard.
I don't live beachside or park side and never did when I was growing up
here, but I did cut through my neighbor's yard to get to the beach and
another neighbor's to get to the park, but my neighbors didn't seem to care.
If they were home, we'd said howzit and chat a bit. Maybe they didn't like
chatting with me, but they never said anything, and they never erected a
gate to deter me.

It must have been unspoken back then; if you choose to live by the beach you
choose to deal with the beach lifestyle, which is people hanging out and
relaxing, talking story into the night, barbecuing, whatever it might be.
And yea, it might be loud, late and raucous at times - it's the beach, our
playground.

About seven years ago I moved home from California. I wanted better for my
kids. I wanted to raise them in the warm, open environment that I grew up
in, where they would know their neighbors and could ride their bikes to the
beach for some good, clean fun. Our options to go to the beach in
California were 1) visit beachfront friends, 2) eat at a beachfront
restaurant, 3) pay to park at the beach, or 4) use the beach key that our
beachside friend had made for us. None were great; it felt elitist to have
the coveted key. I used to brag that all beaches in Hawaii are public and
everyone had access to the beach. I'd say, Hawaii is too welcoming and open
to close off beach access like Malibu; Hawaii beaches are for everyone,
whether or not you live beachfront. I used to carry on and on about Hawaii.

Don't get me wrong, I understand that you have the right to do what you want
with your private property and the installation of a gate is your right. I
understand that installing a barrier between our saying howzit and chatting
is also your right.

It just feels wrong.

Debbie Misajon
Kailua

A Letter from the Aluli Family

Ano'ai me ke aloha kakou -- greetings to all gathered.

We are here representing members of the Aluli, Meyer and Souza 'ohana who would like to speak up in the name of kuleana. All of us at one time called Kailua our home. Most of us still call Kailua our home.

We've lived on or close to the ocean in Kailua for over fifty years. As native Hawaiians, our ancestors before us were sustained by the ocean since first coming to these shores thousands of years ago. Access was never an issue, taking care of the kai was.

Because we are a large family -- many of us have different opinions about access to the ocean in today's world. So often people using these accesses do so with no consideration of others, trashing, ignoring and abusing the privilege. At the same time, hostile looks, offensive signs, and locked gates can't be the solution. Is it possible to take a deep breath, have faith in humanity, step back and look at the underpinnings of the issue? Looking through a Hawaiian lens, we believe there is another place to focus. The Hawaiian word is kuleana.

Kuleana is about responsibility, personal responsibility.

We are talking to all of us, all sides of the issue. All parties must be considered, but most of all, our lands and ocean. As the most connected place on earth (we're isolated if you focus on land, but we're the most connected if you focus on ocean) we are a place that can model right behavior. And right behavior over time -- looking seven generations forward and seven generations behind us, how is our behavior holding up to our ancestors and our unborn great grand children?

How do we educate individuals to respect our land and ocean and care for it instead of desecrating it? How do we educate individuals to share something they don't own, but are caretaking for humanity? One idea is to incorporate a Hawaiian way. Actually all root cultures share this sentiment. The land is our Makua, our parent, to Hawaiians, our mother.

How do each of us in this room care for our mothers, or want to be cared for as a parent. We can transform this issue if we shift the focus from the end result, to the root issue. If everyone accepts kuleana for the way we behave and what we model to others and what we teach our children, we can stop the escalation of retaliation and reintroduce kindness and care of place and people.

We know Kailua is changing. Hawai'i is changing. The world is changing. Can we not refocus, recenter and reinvigorate models from the first people that welcomed all of us to these shores? Personal responsibility taken to heart, can transform our community. The change for Kailua can be a place where the continuity of kuleana is internalized and reflected in how we care for our mother -- our land and ocean. Let us forgive each other and try again.

Reprinted with the permission of Maile Meyer, owner of Native Books/Na Mea Hawaii

Case Law Supports Open Access to Beaches

Today's Advertiser has a Letter to the Editor from Peter Dyer that is very relevant to public beach access. As some of you have suggested, implied consent and prescriptive easements give us a legal leg to stand on. Peter was part of the group that successfully fought to keep the Kuulei tract access open when a new landowner tried to close it off. He will speak at Thursday's Neighborhood Board meeting.

Here's the link to his letter:

Honolulu Advertiser - October 2, 2007

One Gate Leads to Another

Volunteer Jen Eisenberger contributed her opinion to the Star Bulletin. You can find the complete text of her opinion here:

Star Bulletin - September 30, 2007

Kailua Beach Access Points

Special thanks to Jen Eisenberger of Windward Designs for pulling this map together. Click the map below to see the full-size map:

Parks & Recreation: Kailua Beach Access Points

The City Department of Parks and Recreation has a number of public beach accesses (in addition to beach parks) in this area, all accessible from public streets. We try to provide beach accesses about 1/4 to 1/2 mile apart where there is a demand by the public for beach/shoreline access. They are the following:

Park Name	Link No.	Size of Park in Acres	Address	City	State	Zip Code	Primary Tax Map Key
Milokai Place	326	0.03	Milokai Place	Kaneohe	HI	96734	4-4-039:059
Mokulua Drive A	224	0.08	Mokulua Drive	Kailua	HI	96734	4-3-003:089
Mokulua Drive B	225	0.08	Mokulua Drive	Kailua	HI	96734	4-3-005:087
Mokulua Drive C	226	0.07	Mokulua Drive	Kailua	HI	96734	4-3-007:062
North Kalaheo Ave at Kawainui Canal	176	0.29	Kalaheo Avenue & Kawainui Canal	Kailua	HI	96734	4-3-083:069
North Kalaheo Avenue at Ainoni St.	147	0.21	Kalaheo Avenue & Ainoni Street	Kailua	HI	96734	4-3-018:008
North Kalaheo Avenue at Dune Street	175	0.12	Kalaheo Avenue & Dune Street	Kailua	HI	96734	4-3-017:001
North Kalaheo Avenue at Pueohala Pl	177	0.18	Kalaheo Avenue & Pueohala Place	Kailua	HI	96734	4-3-017:025
South Kalaheo at Kuuniu Street	390	0.18	South Kalaheo Avenue at Kuuniu St.	Kailua	HI	96734	4-3-012:034(por.); 4-3-013:001(por.)
Kaimalino Street	327	0.05	Kaimalino Street	Kaneohe	HI	96734	4-4-039:060

SOURCE: Terry Hildebrand [thildebrand@honolulu.gov]