Sheraton's Shoddy Shoreline Sham

Beach access advocate Mark Dougherty sent these photos of the walkway in front of the Sheraton Waikiki, which clearly shows how vegetation from the resort property makes it even more narrow than it already is. He says the Sheraton is basically ignoring their responsibility to maintain the walkway because they'd rather dissuade the general public from passing in front of their property than improve access. He's probably right.

Mark writes:

" Improved shoreline access across Hawaii received a boost in 2010 when Act 160 (HRS 115-5) was passed. Unfortunately the prescription for 6-feet wide 'beach transit corridors' is not applicable in some places. This coast fronting the Sheraton Waikiki -- one of the more prominent shorelines in Hawaii -- must make due with a 4-foot walkway. The walkway, an easement that dates back years before Sheraton was built in 1971, was considered for expansion during the Sheraton renovation, completed around 2011. But no action was taken. Hawaii's coastal planners apparently regard this access way as sufficient for all pedestrian traffic between main Waikiki Beach and Ft. DeRussy. With the constraining naupaka hedge and railing, the public has only 3 ½ feet to pass."

I asked him what he would like to see happen in regards to the situation. Here's his response:

 " Re your question, I would like to see walkway widened or naupaka removed. But I doubt the hotel will do that now. The time to do that was during the renovation, at coastal planners' prompting. (Several months ago I communicated with Bob Kelly, Sheraton GM. He said the walkway is just fine.) At this point, it would probably take a land acquisition. That would be a big deal. And the related issue is Gray's Beach restoration is still pending. There is a lot going on here....
   I am interested in a public airing of this issue. Attention is warranted by both media and community organizations. Here are my 3 key topics:
   1) The Sheraton walkway situation helps erode respect for the 6-feet-wide standard of HRS 115-5. If coastal planners deem a 3 ½ feet width is good enough for the busy Waikiki shore, that sends a poor message.
   2) There is highly credible information that not only that some hotels seek to limit pedestrian traffic along the Waikiki shore, but that top coastal planners are tacitly agreeing to go along with this scheme. This is bad policy and should be investigated. Of course planners will deny this, but a close look at at the Sheraton situation is warranted.
   3) A new law is needed to require upgrading of substandard easements fronting resort properties when those properties engage in major coastal renovations. HRS 115-5's 6-feet standard should be the new code, at least. Sheraton built a new pool within 10 feet of the water's edge. Apparently there is no policy basis to conduct such an easement review during major coastal modifications.
   What happened at the Sheraton is important; it provides the basis to debate new legislation that would prevent this situation from happening again."

Although Mark has tried contacting government officials and people in organizations such as Surfrider and KAHEA, so far no one seems to want to make waves over the issue. If you'd like to help Mark in this cause, please contact him via email at markdd8@gmail.com.

Unintended Consequences: Homeless Find Loophole

Anyone who lives on Oahu knows we have a major problem with homelessness. You see it in Waikiki, Downtown, Chinatown, Kakaako -- but the homeless have also been pitching tents in beach parks all over the island. Since it's gotten to the point where tourists and residents alike are being impacted, the City of Honolulu has been trying to find ways to force them into shelters and get them off the sidewalks and out of the parks.

However, the homeless found a loophole in recent laws passed by the City: because of the split jurisdiction along the shoreline, they are now sleeping on the beach below the high water mark which comes under State rule! Of course, the State Dept. of Land and Natural Resources doesn't have the manpower or resources to deal with that issue too, so the City is trying to get State permission to take responsibility for the beach at Fort DeRussy in Waikiki. Here's the link to that article in the Honolulu Star-Advertiser:

http://www.staradvertiser.com/newspremium/20140920_Homeless_shift_to_state_beach.html

But that's just one beach. Moreover, it's not the only problem we're experiencing that is related to split jurisdiction. Recently the local news media has also been reporting about the growing number of commercial ocean sports activities routinely being conducted on Honolulu beaches -- everything from the usual surfing and paddle boarding lessons to yoga classes. So if someone from the City wants to hassle them about things like permits, all they need to do is move down below the high water mark because the State DLNR won't send anyone to stop them.

Time and again, I've stated in this blog that we need a joint State-Counties Coastal Commission to set rules for all shoreline activities and have the authority to impose fines or take action against violators. Yet the Honolulu City Council and State Legislature continue to stick their heads in the sand and twiddle their thumbs.

BTW, a follower of this blog -- Mark Dougherty -- sent me the photos below showing how the Sheraton Waikiki has been derelict in maintaining vegetation along a walkway fronting the resort. I told Mark that there was a State Law passed, which is supposed to make property owners responsible for keeping plants from encroaching on any beach area below the high water mark because it would impede lateral beach access. The thing is you have to get DLNR to enforce the rule, and to date, I'm not sure they've been putting much effort into it.

Mark says he'll look into it himself, but has already heard from people who say the Sheraton really isn't that interested in improving the walkway's accessibility because they don't want to encourage more foot traffic by non-guests through that area. Wouldn't surprise me in the least if that was true.

Stay tuned, more to follow when I have time to post an update!

Latest Studies: More Bad News...

It's been a long time since my last post. So what's new? Nothing as far as action by the Hawaii State Legislature or Honolulu City Council in regards to protecting public beach access, or protecting what's left of our shorelines.

Yet each week/month/year that goes by, we continue to see more evidence of climate change that is causing sea levels to rise and leading to accelerated beach erosion. On today's Civil Beat website, there was this piece (click here for link to their page):

Inch by Sandy Inch, Hawaii’s Loss of Beaches Worries Tourism Industry

Recent reports cite concerns that elevated ocean levels, drought and hotter Hawaiian nights will hurt tourism and ultimately the state's economy.

September 3, 2014·By Breana Milldrum

The look of paradise is changing: Rising seas mowing over reefs that were once able to slow and break the swells are starting to swallow Hawaii’s iconic white beaches. The state has approximately 750 miles of coastline, according to a climate change report released recently by the University of Hawaii Sea Grant Center for Sustainable Coastal Tourism. But 13 miles of beaches have disappeared within the past century.

That has scientists — and the Hawaii Tourism Authority — worried. In a two-part report published in 2013 and 2014, researchers outlined impacts related to sea level rise, drought, and elevated temperatures in Hawaii.

“The first report was more of an academic, theoretical approach on how to deal with the problem,” co-author and NOAA Sea Grant Coastal Programs coordinator Dolan Eversole said. The second, released just a few weeks ago, attempts to illustrate how the effects of climate change will look on the ground, Eversole said.

Waikiki is particularly vulnerable. A 2008 economic impact report surmised that $2 billion in total visitor expenditures annually would be lost if its beaches were to disappear... And Waikiki isn’t the only beach that’s going to get smaller: Others expected to experience significant erosion within a century include: Mau’umae and Hapuna on the Big Island; Makena State Park and Ho’okipa on Maui; Hulopo’e on Lanai; Pu’ko’o and Halawa on Molokai; Waimanalo,  Ala Moana on Oahu; and Ke’e beach and Poipu Beach Park on Kauai... According to the report, approximately 90 experts in the field of sea level rise found that it will occur to the tune of 1-3 feet around Hawaii within 85 years.

Tourism isn’t the only industry that will be affected by climate change. The Sea Grant reports say that increases in the ocean’s temperature could affect the feeding habits and migration patterns of big-eye tuna, with catches expected to decrease by as much as 27 percent by 2100.

Dr. Chip Fletcher of the University of Hawaii at Manoa estimates that ocean levels will rise by a little less than an inch a year in Hawaii. While that may seem minor at first, over time the impacts on Hawaii’s environment and, by extension, the tourism industry, could be great.

Higher ocean levels could create more storm surges which could threaten water lines, roads and a majority of the state’s hotels, which are situated along the coast. Linda Cox, a co-author of the report, said that damages from rising sea levels would be the most economically harmful. “My idea is that the coastline infrastructure will be the biggest challenge due to the expense associated with moving or altering it,” said Cox, researcher with College of Tropical Agriculture and Human Resources at UH.
The effects of rising ocean levels can already be seen on Oahu, said Cox.

“We already have major issues in coastal areas — look at Hanalei  and the North Shore of Oahu. When major storm events occur, these communities struggle to keep roads open, necessities in stock and people aware of the action to take,” Cox said...

The article concludes with "What's Being Done," which I can summarize for you in two words: MORE STUDIES. In other words, no action will be taken until there's a major catastrophe. Sigh.


 

Some Good News Finally

As reported by Joan Conrow on the HuffPost Hawaii site, the Hawaii Supreme Court "has ruled the state must consider historical evidence when determining the shoreline... The opinion also reiterates the high court's 2006 ruling that vegetation may not be planted to manipulate the shoreline, which becomes the starting line for a building setback."

In effect, the court is saying oceanfront home owners can't try to grab more beach land by planting stuff like naupaka on the edge of their property, which can grow out quickly and extend the de facto boundaries by quite a bit -- like these Kailua Beach properties...

Yep, it's like a sea of green in front of those homes! The court also said historical evidence of the "highest wash" must be considered in determining where the shoreline is. That's significant because the State was using a "single-year snapshot" method, which could be taken at a time when waves were low... and that would allow people to build closer to the ocean, even if history has shown those idiots were putting their property and themselves at risk.

You can read Joan's entire article by clicking here.

Meanwhile, the State Legislature has kicked off their 2014 session with the usual well-meaning announcements that they are going to do something about addressing global climate change and rising sea levels... yeah, right. Call me cynical, but it seems the most vocal advocates -- like Rep. Chris Lee -- don't grasp the reality of Hawaii's split jurisdiction handling of the shoreline. No matter what the State does in the way of studies or task forces, they have no power over shoreline setbacks or zoning restrictions because that is up to each individual county council as it stands right now.

Until they face the fact we need a joint State-Counties coastal commission that has authority to make rules and enforce them, all we will get are nice sound bites and photo opps while the naupaka keeps growing, beaches keep eroding and sea levels keep rising.

Disconnecting the Dots

There were two articles in today's Honolulu Star-Advertiser (Oct. 21) dealing with unrelated beach and ocean problems that should be connected: regulation of commercial use of  our oceans, and control over what can or cannot be done with our shorelines. But if you read those two stories back-to-back, you'll start to get a headache trying to track all the federal, state and county agencies that have overlapping responsibilities. For instance, who is responsible for addressing beach erosion? Under Hawaii's convoluted system, there is split jurisdiction that is literally based on a shifting high water mark -- and both the State and counties often cite the murky lines of demarcation as excuses to not do anything about the very real threat of rising sea levels and ongoing shoreline management issues.

Ever since I got involved with the public beach access movement a few years ago, I have experienced firsthand the futility of attempting to get State or county action on protecting beach rights of way and doing something about shoreline "creep" by property owners on Oahu, who are rebuilding oceanfront structures closer to the sea (I can't call them "homes" because they look more like mini-hotels). I suggest those"homeowners" (often out-of-state investors) take a good look at what's happening on the North Shore before they decide to spit in Mother Nature's face and erect mansions as close as legally possible to the sea.

Anyhow, in today's beach erosion article about "regulatory woes" the reporter got some good quotes from Dolan Eversole, who works for Sea Grant and has done a lot of studies about erosion and shoreline management options. His suggestion is there should be a single coastal commission. It would have authority over the shoreline and coastal waters, and eliminate split jurisdiction. Makes sense, right? Except the article then goes on to quote various people from the existing agencies/departments that are currently not doing a very good job of addressing longstanding problems, and of course, those people say a coastal commission would be a bad idea because it could add another layer of bureaucracy. Um,  I think they missed the point. THEY are the added layers that need to be streamlined.

Okay, I'm not sure if the reporter phrased the question in the wrong way, or these government employees are simply too dense to understand the concept -- a coastal commission isn't meant to be an "added" layer of anything. It would be done to eliminate or consolidate a myriad of departments, agencies and ad hoc "advisory" groups that have been meeting for years and years, in order to simplify the regulatory process. It would create a single office that looks at the big picture from molasses spills to beach access and whether commercial kayak operations can be allowed on beaches in Hawaii. But if you broach the subject with a government lifer, all they will see is a threat to their individual jobs and benefits. Rarely will you ever hear a government worker admit their job or department does stuff that is redundant or could be eliminated to save taxpayer money, while making things more efficient.

And this is why we wind up with people who distrust government or say they want to dismantle Big Government... until their homes are threatened by beach erosion, commercial development or global climate change, and all of a sudden those same people are squawking that government isn't doing enough. The real problem though, is how government does things. They manage from crisis to crisis, instead of coming up with a long-range plan, then sticking to it.

BTW, in 2009 I asked Rep. Chris Lee to introduce a proposal for a joint State and counties task force to consider creating a Hawaii Coastal Commission. At that time, testifying against the proposal before State representatives was Sam Lemmo (DLNR) and Chip Fletcher, a UH researcher who is quoted as now saying an "overall agency" to take charge of coastal land use should be "studied." Apparently they thought the DLNR was doing just fine on its own. When will all these different factions start connecting the dots, and see that the ocean and beaches need to be treated as Hawaii's most valuable resource -- not as some lines on a map or organizational flow chart to be divvied up among the DLNR, CZM, MACZAC, DPP, EPA, even DOT (yeah, the molasses spill was the Dept. of Transportation's jurisdiction, believe it or not), along with each island's county councils and zoning/planning/parks departments. It's a shame because there are many well-meaning people trying to do their jobs... except they're like a bunch of people on a canoe, each paddling in different directions.

Idiots Building CLOSER to the Ocean

As I predicted a couple of years ago, wealthy buyers of oceanfront property on Kailua Beach were going to use Oahu's lax shoreline setback rules as an opportunity to rebuild closer and closer to the sea in order to "leap-frog" other houses that were being rebuilt by people who don't even live in these ugly box-like mini-hotels. All this while there is growing evidence of climate change and melting glaciers, which is contributing to rising sea levels across the planet.

Don't believe me? I recommend you watch CHASING ICE, a harrowing documentary about a National Geographic photographer who embarked on a difficult mission to photograph what's happening with melting glaciers around the world. Anyone who thought Al Gore was possibly exaggerating the threat in AN INCONVENIENT TRUTH a few years ago should be forced to see this movie. Now. It turns out, no one foresaw that global warming is happening faster than anyone could predict. CHASING ICE is available on Netflix through instant streaming. See it.

Meanwhile, in Kailua Beach the news media has been preoccupied with major beach erosion that has been going on at the south end towards Lanikai. Yes, that's alarming. The causes aren't clear though, and could be part of a natural cycle. However, what has already been documented is the fact that allowing houses or artificial barriers such as sea walls -- or even vegetation -- to encroach on the shoreline, hastens erosion. We've seen it in Kahala Beach and Lanikai. Now property owners are doing the same thing on the north end of Kailua Beach, but the news media ignores it. Why?

Simple reason, really: there's no parking near the only public beach access at that end, so reporters and cameramen would have to hike a fair distance to do a story on it. And since the lack of access results in far fewer beach-goers at that end, there's less attention paid to the ongoing desecration of what used to be a stable shoreline because the older homes were built far back enough to allow the natural sand dunes to adjust to natural changes and conditions.

Here's some photos to show you what's been happening. The first is from a couple of years ago:



See the newer house on the right? It leapfrogged a newly-rebuilt house to the right of it that is pictured below, and cut off the views of the older house on the left with the "For Sale" sign.



Flash forward to the present. Remember that older house with the "For Sale" sign? Well, looks like someone bought it and decided turn-about is fair play! And you can probably guess what will happen next: that house to the left of the older one under construction now, will probably be sold to someone who will rebuild right next to the other two... closer to the ocean.

Lepeuli, Kauai Update

Richard Spacer sent a link to his commentary posted on the Hawaii Reporter website about the current situation at Lepeuli, Kauai -- also known as Larsen's Beach. He wrote a guest blog for Beach Access Hawaii back in August 2011, which you can read by clicking here.

Since then, he's continued to fight for public access, going through State DLNR and county channels. The upshot of his efforts is that he needs a land surveyor to help him with Boundary Identification. So if you know an honest, affordable surveyor who is willing to go to Kauai, please contact Richard at  rspacer@yahoo.com.

To read his entire Hawaii Reporter piece, click here. Below are some excerpts:

... Fast forward to 2009 at Lepeuli, Kauai where a cattle rancher named Bruce Laymon applies for state and county permits for his beef cattle ranch company called Paradise Ranch. Laymon, beneficiary of a highly questionable Hawaii sweetheart deal system known as "after-the- fact" permitting, applied for these permits after the public informed land regulators that he was clearing brush mauka of the public beach there without a permit. The beach, commonly known as Larsen's Beach,  is a healthy breeding ground to federally endangered Hawaiian Monk Seals and green sea turtles... The beach never really gets busy, 20 people all day is typical... The property to which Laymon has an exclusive lease is 541 acres in size owned by Waioli Corporation, a non-profit public charity. It was purchased by Abner Wilcox, a missionary teacher, from Kamehameha III in 1850.

Laymon has an air of entitlement to the property. In March of 2010, while clearing vegetation with a brush hog in violation of his permit, Laymon told beachgoers he was going to run the f-----g  haoles out of there. How is someone going to RUN the public off a public beach? That is invasion of privacy, harrassment, and terroristic threatening. Those are all crimes for which the perpetrator can and should be arrested. It is also hate speech, stating he will run out an entire class of persons based on their race. A complaint was made to the FBI, the Kauai Police, and the former Kauai Prosecuting Attorney. No arrests were made...

The most contentious part of Laymon's permit applications was his intent to fence off the lateral, coastal trail at Lepeuli, that many believe is an ancient, historic, ala loa trail. This trail runs from ahupua'a to ahupua'a parallel to the shore. It is clearly depicted on 1833 and 1878 Registered Maps on file with the State Surveyor. Laymon, his attorney, and landowner Waioli Corporation dismiss the existence of the trail on their property.

Laymon's state Conservation District Use Permit allowed him to fence 110 feet mauka of the shoreline, inside the state Conservation District regulated by DLNR. The State of Hawaii claims a trail in fee simple in Lepeuli and this is stated in letters from 2000, 2011, and 2012. The 2012 letter is from the Attorney General to the Kauai Na Ala Hele Trail Advisory Council. It states that there is a trail in Lepeuli the State owns, but the State does not know exactly where it is, and they are not going to do anything about the trail. The State Historic Preservation Division of DLNR asked to enter the property to survey where the trail was, and landowner Waioli Corporation denied permission. That is why the State says they don't know the location of the trail, but everyone else does. Native Hawaiian sworn declarations are on file stating they or their family members walked the trail to fish and gather limu. Likewise, Patricia Hanwright in the adjoining ahupua'a of Kaakaaniu, denied permission to enter. Hanwright is united with Waioli Corporation in the position there is no trail on the properties. Since the State still claims the trail it owns, and the Highways Act says such trails are forever public, one would think raising this objection to the land regulators would end the matter. Perhaps on the mainland, but alas, there is no Highways Act on the mainland...

In May 2011 Laymon installed fencing across the lateral, coastal trail in violation of the county SMA permit. A public trail that was open for hundreds of years was suddenly closed. The state and county failed to protect the public trust and allowed private entities to take over public property that belongs to all the residents and taxpayers. How do public servants we all pay allow this to happen?

In June 2011 I appeared before the Kauai County Planning Commission where a petition I submitted was heard. I submitted a petition for An Order to Show Cause and requested the commission find Laymon in violation of the condition of his county SMA permit that forbade closing of the trail and order the fencing removed and impose fines. A memo from DLNR Chairperson William Aila was received the day before by the commission and planning department stating that the State can claim roads and trails in land-courted property...

At about the same time the State Land Use Commission issued a Boundary Interpretation for Lepeuli. This document was created by utilizing the map submitted by Paradise Ranch to Kauai County Planning and DLNR. The LUC drew on it their belief of where the boundary between the state Conservation District and state Agricultural District is. Why is that important? Because Laymon, with the backing of Les Milnes in the Kauai County Planning Department, stated the May 2011 fencing is legal, as it is totally inside the state Agricultural District, and OUT of the state Conservation District, where Laymon no longer has permission to work. Of course, Milnes is ignoring the county SMA permit condition saying the trail cannot be blocked.

Laymon's surveyor, Alan Hiranaka, depicted the lateral, coastal trail, and the fencing that blocks it, entirely outside the state Conservation District. Community members with GPS devices disagree, opining that part of the fence is clearly inside the state Conservation District, and all of it that blocks the trail. The LUC feels the same way, their line is considerably more mauka of where Hiranaka placed the line. According to the LUC, the lateral, coastal trail is entirely inside the state Conservation District.

When the attorney for Waioli Corporation, Don Wilson, learned the Boundary Interpretation was issued, he rhetorically asked if it was accompanied by a current shoreline certification survey. It was not, as the Boundary Interpretation was requested by the Kauai Sierra Club, not the landowner, and the landowner did not have any such survey done, nor would they. The Land Use Commission rescinded the interpretation. The rules for shoreline certification surveys state only the landowner or authorized representative can request a shoreline certification survey...

During the summer of 2012 several sections of the fence came down, allowing access again. Beachgoers used the lateral, coastal trail as they always did. Toddlers, mothers with baby carriages, the elderly, bike riders, even someone on crutches. For months there was no response from Laymon.

On December 1, 2012 Laymon re-built the fence, this time extending it dramatically to enclose a two acre area the Kauai Planning department permitted as a "Seabird Protection Area". Thomas Kai'akapu of the DLNR Division of Forestry and Wildlife office in Lihue provided consultation. The same planning department that said the lateral, coastal trail could not be blocked in the SMA permit valid "forever", now grants permission for fencing that blocks the trail in not one, but two places! Of course, the only purpose of the fencing is to keep people off the trail. The seabird protection area is the latest scam to propagate this desire of Laymon and his landlord.

On December 1, 2012 while Laymon was re-building the fence, the Kauai Police Department had three officers there, in an apparent show of solidarity with Laymon. They arrested a 68 year old homeless camper named James Decker aka "Catman"on Waioli property.

Beachgoers leaving Larsen's Beach the afternoon of December 1 noticed multiple pick up trucks in the cattle pasture with guys standing on the beds with long-armed guns (rifles or shotguns) in view of the beach access road. One beachgoer spoke with one of the guys who showed him a dead pig he said he just killed. So this show of guns to hunt pigs on the same day Laymon re-builds the fence is a coincidence? One "hunter" was even parked on the county beach access road with his weapon clearly visible. This apparently was a show of force meant to say "This is mine, public keep out!" Instead of stopping Laymon from violating his SMA permit a for second time, the Kauai Police stood by making sure no one interfered. They also did nothing about all the guns in plain view of the public. The public did not feel safe using this public property resource, the beach. I filed a complaint with the Kauai Police Commission regarding the KPD actions of December 1. The commission  ruled that my complaint that the KPD stood by while a violation took place was unfounded.

I am actively interviewing surveyors and attorneys for resolving this issue in the interest of the public. If you would like to help with your professional services, please contact me, Richard Spacer, at rspacer@yahoo.com

Oahu Beach Access Map Online

Merry Christmas! Just got a Google alert that linked to an article in Hawaii Magazine about a new online map of Oahu's public beach rights of way...

New map locates scores of public access points for Oahu beaches, shorelines

by: Maureen O'Connell
posted: Wed Dec 12, 2012 at 02:57 PM

While signs for Waikiki and other iconic Oahu beach areas can be hard to miss, there are scores of shoreline public access points around the island that can be a bit tricky to find.

A new easy-to-use map-based website pinpoints public access spots to Oahu beach areas. Click here to check out the map, which also provides information about the shoreline type (sandy, rocky, or cliff, for example) and access surface area (grass, sand, dirt, etc.).

The State of Hawaii Department of Land and Natural Resources and the Office of Planning have worked collaboratively with the City and County of Honolulu and NOAA (National Oceanic and Atmospheric Administration) Fisheries to review and update information defining Oahu’s public access.

In a news release issued this week, Honolulu Mayor Peter Carlisle said: “This comprehensive list and map of public shoreline access points are valuable resources for local fishermen, residents, and visitors.” He added, “This is an excellent example of multiple government agencies working together to develop easily accessible information that benefits all.”

The city Department of Planning and Permitting along with the state Office of Planning will coordinate with other relevant agencies to keep the information up-to-date.

For more information about public access to beaches throughout Hawaii, click here. And for ocean safety information, click here.
--------

Note: I checked out the Sea Grant link for more info about beach access, and it does not tell you that the county "policies" are NOT enforceable laws... they are merely guidelines, according to the County of Honolulu's attorneys. Otherwise, there would be public BROWs at least every quarter mile in "urban" areas and every half mile in "rural" areas -- and that is still clearly not the case.

Oahu Beach Access Online... Sort of

The Honolulu Star-Advertiser "Kokua Line" column reported this item regarding Beach Rights of Way (BROWs) on Aug.20:

The city Department of Parks and Recreation has posted an updated list of its BROWS -- beach rights of ways -- on its website, is.gd/0VyT47.

However, the list of 87 sites, which are tied to the city's beach access areas where Emergency Response Locator signs are posted,  give only a general location. For example, 134-C (Kahala Avenue at Elepaio Street) and 87-B (Kaimalino Street). In many cases there is no designated street address for the rights of way.

Another four locations recently identified as rights of way are awaiting signs.

Among them is "Ko Olina Lagoon and Roadway Easement," which a parks official said has been confirmed with the city Department of Land Utilization as a designated easement area going back to 1995. But the exact locations there -- one or more -- still have to be identified. Once that happens, signs will be made and posted, the official said.

Public access to the manmade lagoons at Ko Olina has been a sore point within the community for years (see is.gd/2vFyx2). It's not yet clear what the newly identified public rights of way there mean.

Once all 91 locations have been identified by the Ocean Safety and Lifeguard Services Division and signs made and posted by the parks department, they will be linked to locator maps. At that point the online list will be updated, allowing people to click on maps to see the exact location. There's no target date for when that will happen.

So I click on the website link and scrolled down to the Frequently Asked Questions section: Where can I find the City and County of Honolulu Beach Rights-of-way?

The problem though is if you click on that you will get a downloadable file (Excel spreadsheet) instead of any kind of useful map as noted above. Sigh. Really, is it that difficult for someone in the City Dept. of Parks and Recreation to transpose the information to a map? What is taking them so long to do this simple project?

 

Honolulu Weekly Coverage

A couple of weeks ago, I spent about an hour on the phone with Kauai writer Joan Conrow, who was working on an article about beach access problems in Hawaii. Her cover story for the Honolulu Weekly just came out, and does a very good job of presenting some of the issues. But it's impossible to discuss in detail just how complicated and difficult it is to get any real change in our laws in one magazine article. You'd need a book to do that.

That's because beach access involves state, county and even federal agencies that each oversee certain aspects of shoreline management -- while no single body has authority to make and enforce comprehensive policies to protect the public's interest.

It's all done piecemeal in typical bureaucratic crisis-management style: stuff only gets done after a major catastrophe occurs or a big lawsuit gets settled.

Anyhow, the article is worth reading in its entirety. Here's the link: http://honoluluweekly.com/cover/2012/07/beach-barriers/

Speaking of beach vegetation, below is a photo of Kailua Beach where naupaka has spread over hundreds and hundreds of yards. In some cases, the property owners have been watering the naupaka so that they can extend their property boundaries and keep people away from their homes. I find it ironic and funny that they claim one reason they have locked gates on their beach side lanes is they want "privacy".... and then they install gigantic picture windows that allow anyone on the beach to look into their ostentatious mansions!

Updates on Oahu Access Issues

The Honolulu Star-Advertiser ran a "Kokua Line" column today that answered questions about trash cans disappearing from Lanikai beach access paths, and the city's plan to post an online reference source for Oahu beach rights of way. (For Mainland readers, "kokua" is the Hawaiian word for help.)

On the former, turns out the city discovered it had been collecting garbage on "private" easements and decided to discontinue that service. Sheesh. Talk about dumb, shortsighted policies. By taking away the trash cans, the city is giving people an excuse to drop garbage and litter on those beach paths rather than carrying it to another public access trash can. That in turn will cause residents who live next to the private easements to say they want to put up gates on those paths that are currently open to the public because they're sick of picking up garbage!

Furthermore, the city already picks up residential trash on PRIVATE beachside lanes, so why can't they continue to provide that service on beach easements?

As for the online listing of public rights of way, the Department of Parks and Recreation says it has been delayed due to complications related to longitudes and latitudes in their database. Huh? What the heck are they doing? All we need is a simple map that shows where the public accesses are located! How difficult can that be? Instead, in typical government bureaucratic fashion, they make it a lot harder than it has to be.

Meanwhile, in the private sector, the same column says: "A book called "Oahu Beach Access -- A Guide to Oahu's Beaches Through the Public Rights of Way," was recently published. We'll find out about it from co-authors Katherine Garner and Carol Kettner and pass on the information in a future column."

No idea if there will be an online version. The authors had contacted me to request using "Beach Access Hawaii" as their book title, which was fine with me -- but I pointed out that they'd get more online search hits if they made it "Hawaii beach access" or "Oahu beach access" since that is the way most people would Google for info.

Here's the complete column from the Star-Advertiser:

Question: Why has the city stopped trash collection at Lanikai beach accesses? I was in Lanikai recently and wanted to throw away some trash and found a sign at the beach access at Haokea Drive and Mokulua Drive that stated the city would no longer maintain and pick up trash. There was no trash can and the sign said I would have to carry out any trash I had. I've lived in Kailua for almost 60 years and there have always been trash cans at these beach accesses.

Answer: It turns out that the city maintains only three of the beach rights of way in Lanikai and had inadvertently been placing trash cans on private access ways. The other rights of way, including at Haokea and Mokulua, are maintained by the Lanikai Community Association, said Miles Hazama, Windward Oahu district manager for the city Department of Parks and Recreation.

The inadvertent service was discovered late last year, after the department contracted a private company to maintain its rights of way. "At that time, we discovered that the city's trash receptacles were also placed at the Lanikai Association's private (rights of way)," Hazama said. "Since city resources cannot be used to maintain private property, we removed the city trash receptacles."

After that was done, he said the Lanikai Community Association placed signs at its access ways saying: "Please take all trash with you. No trash service at this beach access. City of Hono lulu will no longer pick up your trash from this area. Dumping trash at this location is a health hazard. Please keep our beaches clean. Mahalo."

Hazama said the city's rights of ways, identified by blue signs and yellow emergency numbers, continue to have trash cans.

Beach Rights of Way

We were told in February (http://is.gd/M9lDbJ) that the Department of Parks and Recreation would be posting a list of more than 80 public beach rights of way on its website. Turns out that was easier said than done.

"We're working on it diligently," a parks official told us this week. But, he could not yet give a date by which the list would be posted. The problem is a database that relies on latitudes and longitudes and general descriptions, which "is not user friendly at all."

"It's a work in process," the official said. "We're trying to come up with something that's user friendly and will provide people with the information that they are looking for in a helpful way. It's going to take us a little longer to put this thing together."

The list is tied to the city's beach rights of way where signs were posted to help direct emergency responders to people in distress. The plan is to post addresses, the identification numbers used by emergency responders, as well as general information.

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!

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.

Op-Ed Piece on State Gov Reform

NOTE: THIS IS THE LAST POST ON WWW.BEACHACCESSHAWAII.ORG... NEW POSTS ARE NOW ON:
http://beachaccesshawaii.blogspot.com/

Hawaii's system of government is broken. One only has to look at the way our State legislature dickers over every issue and gets little done each session to see the proof. The bicameral Senate/House of Representatives structure for such a small state makes no sense. It's inefficient and redundant to have so many reps, who all have staffs and cost taxpayers extra money to perform the same tasks!

It allows our elected officials an easy out: oh, don't blame us for inaction -- the other committee killed it... not my fault -- the chairperson didn't schedule your bill for a hearing... blame the House/Senate -- they didn't act when the bill crossed over.

Those are some of the excuses we've heard for the past two years from legislators on why public beach access bills died in committee, despite strong support we had. Here's the link to my op-ed column in Sunday's Star-Bulletin on this topic... please feel free to add your comments on the Star-Bulletin site below my piece!

Excerpt:

Hawaii should adopt unicameral legislature

As the 2010 state Legislature gets under way, it's hard not to have a sense of deja vu. Thousands of bills will be introduced — many of them resurrected from last year, or the session before that. Most will die in committee. About 10 percent of those bills will cross the finish line, amid great cheering or hand-wringing. But the vast majority of citizens who get involved because they care about a particular issue will walk away disappointed or disillusioned...

To read the rest, go here: http://tinyurl.com/yckyokj

My New Venture...

Although I will continue to do what I can to promote the beach access cause, the reality is I need to make a living too! But times are tough... which is why I came up with the concept for a local TV show called Career Changers TV. Our first program began airing on OC16 last month. It's geared to people who are looking for jobs or thinking about pursuing new careers. If that's you, check out the CCTV web site for details!

www.CareerChangers.tv

I'm also writing a blog for the site, called Squashed Gecko. It's all about me! Well, not entirely... it's more about all the things I've learned from failing at various endeavors. If you're interested in the entertainment biz, especially screenwriting or writing in general, please drop by and post comments here.

As for the current State Legislature session and our prospects of seeing any significant action in regards to shoreline setbacks or beach access, all I can say is don't hold your breath. It's all about money this go-round -- meaning "non-essential" matters will get short shrift.