Two Out of Three Ain't Good Enough

Mahalo to everyone who submitted testimony on the bills we supported! The House Water, Land & Ocean Resources committee passed HB1808, which is an attempt to deal with vegetation being grown in front of beachfront homes (see prior item below). However, there are concerns about enforcement. I'm kind of cynical about this one myself.

In Sam Lemmo's testimony for the DLNR, he noted that a number of Kahala Beach homeowners were notified that they should remove vegetation, but only one has complied so far. So where's the teeth in this law? It says homeowners could be billed for removal of vegetation, but who will go out and enforce this? Again, the onus will be on residents to play beach police.

Rep. Thielen's bill HB593 also passed. This would impose a two-year moratorium on Kailua Beach setbacks (new houses wouldn't be allowed to be built closer than the existing house). However, Committee Chair Sharon Har pointed out -- as I have -- that setbacks are legally in the county's jurisdiction. It really should be the Honolulu City Council acting on this. But if they won't do their job, the state has to step in.

Moreover, as others suggested, this moratorium should apply to all of Oahu -- not just Kailua Beach. We need a comprehensive, joint state/counties plan to address all of this stuff. Which brings me to the one bill that did NOT pass...

HB1447 was deferred without any explanation. That's the Task Force bill I helped draft as a stepping stone to creating a state coastal commission. On behalf of the DLNR, Sam Lemmo actually opposed this bill, calling it a "distraction" from a plan he has been working on. And who is going to implement that plan when it's done? The state or the counties? Probably neither, as is currently the case. Remember, Sam is the same guy who admitted that going after the Kahala Beach homeowners for overgrown vegetation has thus far resulted in only one owner actually complying!

So around and around we go with these bills, and chances are nothing substantive will be passed this session. Again. Until we change the split jurisdiction between the state and counties, not much can be done. Sorry folks, but two out of three ain't good enough.

Why Bill HB1808 is Needed: Land-Grabbers

One of our members has alerted the State DLNR that the owner of the Kailua Beach property above has installed a sprinkler system and planted naupaka cuttings in an obvious effort to extend the vegetation line -- which technically becomes part of that property.

Not only is this a greedy land grab by that owner, but beach erosion experts say this type of planted vegetation interferes with the natural sand dunes that are vital to conserving our beaches.

HB1808 is an attempt on the state's part to hold beachfront homeowners responsible for such actions, and make them liable if they do not heed warnings about overgrown vegetation -- intentional or not.

Please submit testimony in support of HB1808 before Friday, Feb. 6, by going to this link and following the instructions:

http://www.capitol.hawaii.gov/emailtestimony/

Hearings Scheduled - Testimony Needed!

Three bills we should support have been put on the slate for Fri., Feb. 6, 9:30 AM at the State Capitol, House Conference Room 325. The House Water, Land and Ocean Resources Committee will be taking testimony for:

HB1447 - That's the joint state/counties task force proposal. Please tell the committee we need unified action at both levels to create statewide standards for beach access, as well as shoreline management policies. (More on submitting testimony below.)

HB593 - This is Rep. Thielen's measure to stop new houses from being built closer to the ocean on Kailua Beach. There would be a two-year moratorium, which would give the state (and the do-nothing Honolulu City Council, I presume) time to implement a better setback policy that will take into account erosion and projected sea level rise.

HB1808 - Deals with lateral access, meaning vegetation. It would require beachfront homeowners to make sure stuff like naupaka in front of their property is not impeding access. In some cases, it's a blatant land-grab by these homeowners -- but it also interferes with the natural sand dunes that keep our beaches "healthy."

HOW TO SUBMIT TESTIMONY...

It's easy and quick. Just write a short letter or message for each bill, save it as a Word doc or pdf file, then click here or go to:

http://www.capitol.hawaii.gov/emailtestimony/

Type in the bill number (no spaces) and fill in the requested contact info. Then either upload your testimony (the "Browse" box) or write a short message in the "Additional Comments" box provided. Click on "Submit" and you're pau!

Your Action is Needed NOW!

A bunch of bills related to beach access and shoreline management issues such as setbacks have been introduced at the State Legislature. Some are ones we had a hand in drafting. Others though were written without our input or knowledge, so we're still reviewing the merits of those...

Priority number one is making sure bills we support get a hearing scheduled. To do that, we need you to contact the committee chairpersons and ask them to schedule it. Below are the bill numbers and contact info. You may find that emails will bounce because of filled mailboxes. If so, please call the office number.

To keep up to date on bill status or legislators' contact info, you can go to the Hawaii Legislator site (click here) and enter the bill number (letters HB or SB for House Bill or Senate Bill, no space, followed by number).

On that same page, if you scroll down you will see a link to SUBMIT TESTIMONY online. When bills get hearing dates, you can plug in the bill number and upload a pdf document or write your comments in the box provided.

BILLS THAT NEED TO BE SCHEDULED...

HB593 is Rep. Cynthia Thielen's bill to stop new houses from being built on Kailua Beach closer to the ocean than the existing structure on that lot for at least two years, to give the DLNR time to create a master plan for shoreline management.

Please email House WLO (Water, Land and Ocean Resources) Committee Chair Ken Ito at
repito@Capitol.hawaii.gov or call 808-586-8470 to request a hearing date. Tell him we need action to protect Kailua Beach before it becomes another Lanikai or Kahala Beach!

While you're at it, you can also ask Rep. Ito to set a hearing for HB971, which we helped draft. This bill amends the definition of obstruction to public beach access, and would allow citizens to go to court to prevent things like gates from being put up in areas with limited beach access.

On the Senate side, that same bill is listed under SB1088 and is sponsored by Sen. Gary Hooser, so we don't anticipate problems with getting a hearing.

TASK FORCE BILL - PLEASE SUPPORT!

There are other bills related to coastal zone management and access. However, until we have a body with the authority to implement changes at the state and county level, the status quo is likely to remain in effect.

Rep. Chris Lee has introduced HB1447, to form a task force which would include state and county officials, along with reps from citizen groups. They would seek to create uniform state-wide standards for access and shoreline management -- something we sorely need.

Email or call Rep. Ito today and tell him we need joint cooperation between the counties and state to resolve these longstanding problems, and protect our shorelines for future generations!

Rep. Thielen Takes Action on Kailua Beach

As first reported in this blog awhile back, KHON News confirmed that Rep. Cynthia Thielen will in fact introduce legislation to stop new houses on Kailua Beach from being built any closer to the ocean than the older homes they would be replacing.

She's asking for a two-year freeze to allow the State Dept. of Land and Natural Resources to come up with a comprehensive shoreline management plan that would take into account projected sea level rise and beach erosion. Why? Because things like shoreline setbacks are currently left up to the county councils. And our do-nothing Honolulu City Council has been MIA on important issues like this, rail, and B&Bs.

Click here for the KHON News story link.

I applaud Rep. Thielen's efforts. However, I believe it underscores the need to create a joint Counties/State Task Force to address the big picture, which includes beach access as well. What we really need is a Hawaii Coastal Commission that would have authority to make and enforce state-wide shoreline management standards -- not just "guidelines" as is the case right now.

Here's another reason why we need a Hawaii Coastal Commission: the Honolulu Advertiser article on Sat., Jan. 24, about a Kauai woman who was literally RUN OVER by a truck driving on the beach! Turns out each county has their own rules for that too. Sheesh. That's stupid -- and dangerous.

Special Request for a Friend

I recently learned that Scott Werney, former co-chair of the Surfrider Oahu Chapter has been diagnosed with Parkinson Disease. As many of you know, Scott has been one of our strongest allies and was instrumental in organizing the state-wide Groundhog Day Beach Access Rally last year.

Scott is truly one of the good guys. When things like this happen, you can't help but feel life is unfair. However, he isn't asking for anything for himself.

What he would appreciate though is if you consider making a donation in his name to help fund research on Parkinson Disease. One of his friends, Tim Tybuszewski, is going to do an Ironman type event on Feb. 28 in Malaysia to raise funds and awareness.

Here's the link to Tim's blog and details about his mission:

Over the years Scott Werny (former Co-Chair of the Surfrider Foundation Oahu Chapter) has tirelessly worked for a very noble cause... protecting Hawaii's Ocean and Beaches.

Scott has recently been diagnosed with Parkinson's Disease (PD). As you may or may not know PD is a degenerative disorder of the central nervous system that often impairs motor skills, speech, and other functions.

After careful consideration I had decided to raise money for PD research in Scott's honor. I wasn't sure if he would want the world to know about such a personal aspect of his life, however he stated that if this money can benefit the many other people afflicted by this condition, then he was willing to participate.

This Scott, is for you and all that you stand for, my humble gift to you. Although it is a very small token, I hope it touches the hearts of the surfing community as you have touched ours.

With great respect and admiration,
Tim Tybuszewski

What I am going to do...

On February 28, 2009 I will travel to Malaysia to swim 2.4 miles, bike 112 miles, and run a marathon (26.2 miles) an Ironman distance triathlon. You may be familiar with the most popular of the Ironman events, the Ironman World Championship held in Hawaii. I am not quite at the calibur of athlete to be able to compete in that race (of which you have to qualify) but maybe someday. As for now I will just try to survive my first Ironman distance triathlon.

What you can do...

1. Make a donation in honor of Scott by pledging any amount of money you see fit to the National Parkinson Foundation for every mile I complete of the event. So for instance if you want to donate one dollar per mile, if I complete the race (I hope I do) then you will have donated 140 dollars and 60 cents (there are a total of 140.6 miles covered in the race) to help find a cure for Scott and the many others around the world.

2. Send the donation directly to the organization to ensure that they receive it (www.parkinson.org).

3. Contact this blog so that you can post your well wishes to Scott and the amount you are donating to help keep a running tally of what is raised.

Oh... and one more thing you can do... wish me luck... I'm gonna need it :)

********************************

Please take a moment to visit Tim's blog, post your good wishes, and make a small contribution in Scott's honor. Below is a photo of Scott (on right) and myself at the Fourth of July Kailua parade, where he helped us put together our "Save Beach Access" float.

New Year, New Faces in Government

On Sat., Jan. 10, freshman State Rep. Chris Lee (Lanikai,Waimanalo district) became the first elected official to take me up on my offer to walk the walk, instead of just talking the talk...

I had emailed him last week about our frustrations with lack of action by the City Council and State on beach access and shoreline management issues. Rather than meet at his office in the State Capitol building, I suggested we stroll down Kalaheo Avenue from the Kailuana beach access to the next closest public right of way, which is over a half mile away. Chris said yes.

We also walked along the beach where I was able to show him four new houses that are being re-built CLOSER to the ocean -- despite evidence of beach erosion and projected sea level rise. Seeing is believing, and I think it made an impact on Chris when a Kailua resident came up to us and pointed at the "monstrosity" on Namala Place that is being built directly in front of an older home, cutting off their ocean view. Nice.

Coincidentally, on the front page of the Sunday Star-Bulletin there's a big story about "Saving Kailua Beach"...

The rapid erosion of one of Oahu's most popular beaches spurs multiagency action

STORY SUMMARY
The city, state and federal government are taking steps that could eventually counteract the erosion of Kailua Beach.

The Army Corps of Engineers, the state Department of Land and Natural Resources and the state Department of Health are working together to get needed permits and clearances to allow sand from Kaelepulu Stream to be used to replenish the rapidly disappearing beach. A public meeting was held last summer.

The state also hired a consultant to examine the problem and come up with options by 2010. Beach users say something needs to be done soon.

"In the last two to three years, the shoreline has dramatically eroded," said Chip Fletcher, a professor in the Geology and Geophysics Department at the University of Hawaii at Manoa.

Read the rest of the Star-Bulletin article by clicking here.

While I'm glad Chip and others are on the case, the question remains: why has it taken this long? Why isn't there a State coastal commission or task force that is looking at both short term and long term steps that should be taken to protect our beaches?

Meanwhile, since the Honolulu City Council has failed to act on shoreline setbacks, you can be sure other new beachfront homeowners will re-build closer to the ocean, which is likely to hasten beach erosion in the near future.

Beach Advocate Gets Star-Bulletin Recognition

Nice 10 WHO MADE A DIFFERENCE: CHRISTINA HEMMING story by Gary Kubota in the Dec. 23 Star-Bulletin, about a Maui woman who halted development that would have blocked beach access:

In the country town of Paia, she is a rural legend. Christina "Uma" Hemming fought against the county and a developer and won. The beneficiaries of the victory will be the people who use the coastline from Paia to Baldwin Beach.

"She's an amazing person," said Hannah Bernard, president of the nonprofit Hawaii Wildlife Fund. "I really appreciate individuals like her who take on tasks and put their money where their mouth is. ... It's an amazing thing for a person to do."

Friends said Hemming was tenacious and pursued stopping the development, despite personal criticisms and monetary losses...

Click here to read the full story.

Yesterday, coincidentally I received my Obama "One Voice" t-shirt that says if one person speaking out can change a room, it can change a town, state or country. Today, while walking on Kailua Beach, my wife and I glimpsed Obama himself with one of his daughters in front of the beachfront home they're staying in for Christmas.

Can we change shoreline access laws and policies for the better?

You bet we can! But it has to start with you. One person CAN make a difference. In 2009, don't leave it for someone else to be that person. Take a stand. And if you can, please make a small contribution to Beach Access Hawaii, using the Donate link on the right hand side of this page. Mahalo!

Obama Staying in Kailua Beach

As reported in today's Honolulu Advertiser (Dec. 20), President-elect Obama and his family will be spending their Christmas vacation at a beachfront property on Kailuana Place, not far from L'Orange Place -- Ground Zero in the battle for beach access.

Longtime Kailua residents still simmer over the gate that was put up on Kailuana Loop in the early 1990s. Surfers and kids used to have easy access to Castles, a popular surf spot at that end of the beach. Then the Kailuana homeowners put up a spiked gate on a private easement they controlled.

However, those same Kailuana homeowners reap the publicly-financed benefits of living on a public street that our tax dollars maintain for them! If they want their own private beach access, let them pay for the upkeep on their own damn road.

I hope someone will ask Obama if he approves of this kind of "elitist" attitude among the Kailuana Place grinches, who deny beach access to their own neighbors.

MidWeek, Advertiser Articles on Beach Erosion

Call me Chicken Little if you want. But I believe my own eyes, and I can see Kailua Beach is eroding fast in certain spots. I don't doubt some of it is just part of natural cycles. However, it also seems that wherever man meddles with the shoreline, we see more dramatic changes in a shorter period of time.

Here's a link to Ron Mizutani's Dec. 10 column, headlined "Kailua Beach: Going... Gone?"

The Honolulu Advertiser also ran a front page story on Dec. 8 about the potential loss of billions of dollars if we do nothing to address Waikiki Beach erosion and the possibility of rising sea levels. Click here to read that alarming story.

What we need is a Hawaii Coastal Commission that would oversee our shorelines. The current split jurisdiction between the State and the counties at the high water mark is not working. No one is taking direct responsibility for protecting our most valuable resource. Meanwhile, our beaches are slipping away while our politicians -- and the apathetic public -- do nothing about it.

The sky may not be falling. But our beaches and open access ways ARE disappearing.