Monday, June 7, 2010

Access Victories Spur Fear Mongering

Wouldn't you know it -- now that Gov. Lingle has signed the vegetation legislation to help stop oceanfront property owners from obstructing lateral beach access, certain developers are trying to scare people into rebuilding their homes CLOSER to the sea as soon as possible! This, despite ample evidence that sea levels are rising and beaches are eroding at faster rates wherever homes are nearer to the ocean.

A Kailua realtor who cares about preserving our beaches and public access forwarded an email to me that was apparently written by John Michael White. In it, he claims it is likely that the State will impose new shoreline building setbacks that could be 500 feet from the high water mark. Really? Where did he get those numbers from? For starters, setbacks are established by the county councils -- not the state. Secondly, the strictest setbacks that were passed by Kauai took into account sea level rise and possible erosion. If the setbacks seem like they are far back, it's for good reason: the recommendations were based on years of data and study.

Yet John Michael White doesn't give a damn about protecting our beaches or interfering with the natural sand dunes that are necessary to maintain healthy beaches. Here's what he wrote:

"Considering the above, I again remind all shoreline landowners of
the importance to obtain permits and build, install improvements
as soon as possible, otherwise you may have a rude awakening in
the future that your opportunity to build what you once could've
built on your private property, near the shoreline, may be lost....."


Yep, his only concern is for the "opportunity to build" regardless of the impact it will have on existing homes around that property or the beach itself. We've been seeing this happen on Kailua Beach, where older homes are having their views cut off by new homes that are being rebuilt left and right.

You know what this tells me? We're winning the battle of public opinion, and making progress with both the counties and State Legislature in our efforts to preserve shoreline access. That's what is scaring developers like John Michael White.

Well, eat this JMW: the Ka Iwi shoreline has been reclassified to conservation land too, and the Turtle Bay Resort expansion plans have been stopped for now until a new environmental impact study is done.

You can help us keep up the fight for beach access by clicking on the Donate button at top (right side of page) and making a small contribution. Mahalo for your continued support!

Here's a link to the vegetation legislation article and the Ka Iwi reclassification, both courtesy of Pacific Business News... btw, you should subscribe to PBN or sign up for their free email alerts if you want to track what's happening in business here.

Thursday, May 13, 2010

Big Island Access Battle Redux

The latest flare-up over public beach access takes us to... spins wheel... the Big Island again. Rather than rehash a variation of a familiar story we've been retelling for the past few years on every island, here's the link to the Hawaii Tribune-Herald article.

http://www.hawaiitribune-herald.com/articles/2010/05/13/local_news/local02.txt

I found the link by accident while checking the new CivilBeat.com site to see if they had any interesting news to report that wasn't already being covered by the Advertiser or Star-Bulletin. And what do I see? A post about the controversy over beach land and the recent court ruling in favor of the public...

Of course, there's much more involved and the new State legislation to make homeowners responsible for maintaining vegetation on ocean-front properties could have been brought into play too. But I don't know because I'm not a paying subscriber.

What's especially irritating is that Beach Access Hawaii has been at the forefront of the public shoreline access movement and generated a lot of media coverage over the past two years -- yet no one from Civil Beat bothers to contact anyone from BAH or our coalition about this issue? Did they ask why the State Legislature or county councils continue to do nothing? Has CB considered our proposal to create a Hawaii Coastal Commission to address these kind of problems?

Great job of reporting, CB! I had hoped Pierre Omidyar's investment in an alternative news source for Hawaii was going to bring some sorely needed investigative reporting. But so far, it's not much different than the normal newspaper stuff with very polite bloggers telling their paying subscribers, "Good point!"

Beach access is a volatile issue for local people and Hawaiians in particular. I've personally heard from many residents who get very emotional when they talk story about what it means to them. Yet the Civil Beat has turned it into just another dry topic of the week for "discussion." And they wonder why people aren't willing to pay even 99 cents to try it out?

For what it's worth, here's the link to the CivilBeat post... er, excerpt. BTW, we posted links to more in-depth articles on that subject months ago. Suggestion to CB reporters: try Google -- it's your friend.

Friday, April 30, 2010

Walking the Talk

Here's a video I made of a recent walk from L'Orange Place to the next closest public access for Kailua Beach, which L'Orange residents claimed was just a couple hundred feet away when they went on TV and spoke to news reporters. Aside from that inaccuracy, the video shows how dangerous this stretch of road is for pedestrians, bicycle riders and children who have no choice but to use Kalaheo Avenue to get to that public access.

Since it's a pretty long walk, contrary to what the L'Orange homeowners say, I had plenty of time to also talk about the recently passed State legislation that will supposedly make beachfront property owners responsible for trimming back vegetation that could impede lateral beach access. Good luck with that. The bill was modeled on a City law that makes homeowners responsible for maintaining sidewalks and unimproved sidewalk areas next to their properties... a law that isn't being enforced, as I can personally attest to.

Friday, April 9, 2010

Good News on Turtle Bay Expansion Plans

Finally, we have some positive developments related to protecting shoreline access on Oahu. As you probably know, our North Shore allies have been working hard to stop the owners of the Turtle Bay Resort from implementing a massive expansion plan that was based on an outdated environmental impact study done way back in 1985.

Had Turtle Bay proceeded with their plan, it's quite possible that public access would have been restricted the same way it currently is at Ko Olina. Although those lagoon beaches are supposed to be open to locals, Ko Olina only has a very small number of parking spaces set aside for the public. Once those spaces are full, Ko Olina turns away locals and visitors alike (unless they are paying guests).

Yesterday, it was reported the Hawaii Supreme Court says a new EIS must be done... but what took so long to come to that conclusion? Shouldn't it have been obvious that much has changed in Hawaii over the past 25 years! Our population has grown, traffic has gotten worse, and there is less pristine, undeveloped coastal areas than there was. Of course an updated environmental impact study needed to be done.

But it took the ongoing efforts of the Defend Oahu Coalition and Keep the North Shore Country folks to make sure a new EIS was done. Kudos to Gil Riviere and all the other activists who showed us that while it may take time, persistence does pay off in local politics!

Here's the link to the Honolulu Advertiser article.

Monday, March 22, 2010

Vegetation Bill Gets Sliced and Diced

So much for good intentions. Once again, our do-nothing State Legislature decides to err on the side of rich beachfront property owners' boundary lines (which are NOT clear due to shifting sands and vegetation), and guts the bill that may have given the DLNR some legal grounds to have obstructive plantings removed at the property owners' expense.

Here's the email I got from Lucinda Pyles asking people to make a last ditch effort to save the bill:

As you may already know the joint Senate Committees, WTL and TIA, heard HB1808 on March 18th. They passed the bill with amendments. Unfortunately, the amendments virtually gutted the bill and all that is currently left is a minor revision to the definition of Shoreline. There are no requirements that property owners maintain there induced vegetation landward of the shoreline, i.e. wash of the waves, no power given DLNR to do anything about induced vegetation obstructing lateral access and recreational use, endangering public safety or interfering with the natural beach processes.

The Senate Judiciary and Government Operations Committee, the last Senate committee the bill was referred to, will hold a decision making hearing this coming Tuesday, March 23rd. I would ask you to both call and send testimony to Senator Brian Taniguchi, Chair asking the JGO Committee to restore the House version of the bill, HD3. Please send a copy of your testimony to Rep. Mina Morita (introducer of HB1808 at morita2@captiol.hawaii.gov), Sen. Clayton Hee (WTL chair) and Sen. Kalani English (TIA chair). Calls to Hee's and English's offices may also be helpful. I appreciate anything you can do to encourage, Sen. Taniguchi (chair JGO), Sen. Hee (chair WTL), Sen. English (chair TIA) to reconsider the importance of this bill as passed by the House.

Submitting by email to JGO is best. http://www.capitol.hawaii.gov/emailtestimony/

In the first step, enter HB1808 in the box. You can attach testimony or enter in the comment box. Be sure in all communications you identify the bill and that your testimony is in support. I am still on the mainland and will be until April.
Thanks
Lucinda


In today's Honolulu Advertiser was this article with the misleading headline that implied the bill was gaining support. However, as Lucinda points out in her email, that simply isn't true. We're getting the run-around again. And what's up with Sen. Hee? I thought he was for public beach access, but lately he's been playing politics with bills that he should be supporting!

Friday, March 5, 2010

Vegetation Legislation Advances

This just in from Lucinda Pyles on the vegetation bill...

HB1808 has been referred to three Senate Committees. As before time is critical and it is very helpful when the Committee Chairs get calls and faxes requesting HB1808 be heard. Then of course once scheduled for hearing, testimony in support, however simple it may be, is also very important. You can follow the progress of the bill, see text and amendments, check for a hearing date/time and submit testimony all on this link. Just enter HB1808. Bill Status & Documents or http://www.capitol.hawaii.gov/session2010/

The three committees are:

Water, Land, Agriculture, and Hawaiian Affairs Committee (WTL)
Senator Clayton Hee, Chair
Phone 808-586-7330; Fax 808-586-7334
e-mail senhee@Capitol.hawaii.gov

Transportation, International and Intergovernmental Affairs Committee (TIA)
Senator J. Kalani English , Chair
phone 808-587-7225; fax 808-587-7230
From Maui, toll free 984-2400 + 77225
E-mail senenglish@Capitol.hawaii.gov

Judiciary and Government Operations Committee (JGO)
Senator Brian T. Taniguchi , Chair
phone 808-586-6460; fax 808-586-6461
e-mail sentaniguchi@Capitol.hawaii.gov

And for good measure... (after all she is running for election)

Colleen Hanabusa, Senate President
Phone 808-586-7793; Fax 808-586-7797
Email senhanabusa@Capitol.hawaii.gov

Gary L. Hooser, Majority Leader
Phone 808-586-6030; Fax 808-586-6031
From Kauai, toll free 274-3141 + 66030
E-mail senhooser@Capitol.hawaii.gov

Thanks a bunch.

Lucinda
372-9323

Wednesday, March 3, 2010

State Legislative Update

At least two bills related to shoreline access are still alive, according to my sources. Stuart Coleman of Surfrider has been talking to legislators about a carry-over bill from last year, SB1088, which would make it more feasible for citizens to go to court over blocked beach access ways. Rep. Karamatsu told Stuart that he didn't see any reason to hold it back. We'll see.

As for the vegetation bill, HB1808, Lucinda Pyles sent this update:

Thank you to all who have contributed to this effort to getting this bill, addressing the induced vegetation overgrowth onto our beaches, this far.

HB1808 has passed, with amendments, all three House committees (WLO, JUD & FIN) it was referred to with all voting members in support. Last night, another Neighborhood Board, Hawaii Kai, passed a resolution in support, (Waialae-Kahala, Kuliouou-Kalani and Kailua-Lanikai had already). DLNR, DBEDT, OHA and the Sierra Club are in support and many others.

Next week is cross over to the Senate. We are hoping it will be referred to just one Senate Committee since three House Committees have already heard it.

My understanding is that it is likely to be referred to Water, Land, Agriculture, and Hawaiian Affairs Committee, Clayton Hee Chair and Jill Tokuda Vice-Chair. Committee members are Senators Bunda, Fukunaga, Kokubun, Takamine and Hemmings.

Please have your testimony ready :)

Lucinda
732-6262
Email: kahalabob@aol.com

Tuesday, February 9, 2010

Note: New Blogger Address!

Due to Blogger changes, we've exported the BAH site to this URL now:

http://beachaccesshawaii.blogspot.com/

If you had bookmarked the www.BeachAccessHawaii.org site, please update it to the above blogspot address. Mahalo!

Monday, February 8, 2010

Lt. Governor candidate on beach access

State Sen. Gary Hooser has a good blog post on shoreline access and preservation. To my knowledge, he's the first and only candidate for Lt. Governor who has publicly made this part of his campaign platform.

Moreover, he's actually tried to get laws passed that would help protect public access. And Kauai, Gary's home island, has the most forward-thinking shoreline setback rules of all the counties. Oahu and the other islands should follow their lead.

Here's a link to his post and excerpt:

On shoreline protection and the right to public access
Protecting and preserving our shorelines requires effective and strict integrated shoreline management policies that reach all islands statewide. Presently, Kaua‘i proudly holds the strongest and most prudent shoreline setback for structures, 110 feet from the watermark during a full moon high tide. DLNR officials, working in coordination with the UH Sea Grant Program, estimate the annual shoreline erosion rate at roughly one foot per year. Most homes are rated at a lifetime of 70 years, which under the current state standard setback of only 40 feet means they are likely to be threatened by erosion in coming decades. Though variances are available, our state would be wise to follow Kauai’s lead on this issue and improve shoreline setback distances in all counties...


To read his complete post, please go here:

http://garyhooser.livejournal.com/37609.html

Wednesday, February 3, 2010

Shoreline Vegetation Gets Attention

While I'm glad the issue of oceanfront property owners using plants to grab more beach land is getting attention, I wish the State Legislature would address a bigger matter: we still do NOT have any state law for public beach access minimum standards. All we have for Oahu are "suggested guidelines" by the City Council, which are unenforceable.

Anyhow, if you want to put a stop to overgrown beachfront vegetation by homeowners, there is a bill you can submit testimony in support of: HB1808.

Date/Time/Place: Thursday, Feb. 4th, 2:20 PM, State Capitol Room 325

Please submit testimony online at: http://www.capitol.hawaii.gov/emailtestimony

Type in HB1808 where you're asked to enter the measure for the latest hearing info. If the bill advances there will be more hearings, so save your testimony to resend later!

Also, you can view an Olelo program about this subject or watch it on YouTube. Here's more info below:

Rep. Barbara Marumoto discusses Kahala Beach with long-time resident Lucinda Pyles and Dolan Eversole, Coastal Geology Extension Agent, UH Sea Grant College Program. The show identifies the problem of obstruction of lateral access, recreational use and natural beach processes. It provides a historical reference as to why this needs to be addressed now -- before more beaches are lost forever.

Part 1 Click here.
http://www.youtube.com/watch?v=YqerUoevrrw

Part 2 Click here.
http://www.youtube.com/watch?v=WP7fL9ghBHc

Part 3
Click here.
http://www.youtube.com/watch?v=vTDvb1QRlas

The program will also run on Channel 54:
2/28/10 Sun. 7:00 pm
3/1/10 Mon. 9:00 am
3/2/10 Tue. 8:30 am
3/3/10 Wed. 6:00 pm