Blog Changes

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

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

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

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

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

Guest Blogger: Kauai Beach Access

Mahalo to Richard Spacer on Kauai for sending this commentary on the situation at Lepeuli -- more commonly known as Larsen's Beach -- and what he's trying to do about it. Please visit the website Free Larsen's Beach at the link to find out more about this issue.

From: Richard Spacer, Kauai

Aloha readers concerned about beach access. Over on Kauai we have problems too.



A lateral, coastal trail was fenced off with four foot high barbed wire fence on May 21, 2011 in the ahupua'a of Lepeuli, Kauai. This ahupua'a is entirely owned by Waioli Corporation, a non-profit that also owns historic missionary property in Hanalei, Kauai and a museum named Grove Farm, in Lihue, Kauai. Waioli has leased this Lepeuli property to a beef cattle rancher named Bruce Laymon, who has a business called Paradise Ranch at Lepeuli. The Lepeuli Tax Map Key (TMK) is (4)-5-1-003:003.

Many in the community, especially Native Hawaiians, believe this trail is a segment of an ancient, historic ala loa trail, a public trust feature, that circled each of the islands. HRS 264-1, which incorporated The Highways Act of 1892, should by law mean this trail must be public and open.

This trail has been used forever, most recently by the public to access Lepeuli Beach, also known as Larsen's Beach. There are three trails to this beach, and the one fenced off is the only safe, gradual trail that allows access for almost all users, people with small children, the elderly, etc. Mothers previously could access this beach on the lateral trail with a baby carriage or stroller. No longer.

The other two trails are steep, liability-laden trails owned by the county. One trail was sold to the County of Kauai in 1979 and at some point thereafter the county neglected the trail and allowed it to be overgrown with trees and other vegetation. It was fenced off! A public, county right-of-way fenced off. How is that even possible? Upon the request of members of the community, the fencing was removed from the entrance to this trail last year and it was surveyed. But the county to this day in an act of nonfeasance has not defined and improved the trail for public access. No duty of care here.

Incorrectly thinking it would solve the problem above, Waioli Corporation leased another, even steeper grade trail to the county in the immediate vicinity in 2010. In the legal document describing the easement signed by representatives of Waioli Corporation and Kauai County, the right is retained, among other things, to wall or fence off this 2010 trail!

I filed a petition dated April 18, 2011 with the County of Kauai Planning Commission to revoke the Special Management Area Minor Permit SMA-(M)-2009-6 of Paradise Ranch, issued September 1, 2009, for violating Condition 6 of said SMA permit. Paradise Ranch has authority to do fencing in the Agricultural District under this county permit, but NOT to block the lateral coastal trail. Condition 6 says:

"The location of the fence is subject to approval by the DLNR and Na Ala Hele to ensure
public access to and along the lateral coastal trail. Provide the department a location map as approved by those agencies prior to installation of the fence."

Instead, the lateral coastal trail is blocked by fencing, and neither DLNR or Na Ala Hele approved the location of the fence, according to a June 27, 2011 memo by William Aila, Jr., Chairperson of DLNR.

I also requested the Planning Commission to order the fencing removed and levy fines.

Additionally, a significant portion of the fencing, including that fencing blocking the lateral coastal trail, lies within the state Conservation District. In this part of Kauai, the state Land Use Commission says the boundary of the Conservation District lies 300 feet mauka of the certified shoreline. Paradise Ranch DID have a state Conservation District Use Permit (CDUP), but surrendered it in January 2011 due to mounting legal costs and pressure from those of us opposing this project. Consequently, that part of the fencing inside the Conservation District is illegal, and Paradise Ranch is potentially liable for fines of up to $15,000. per day levied by DLNR. $15,000. per day starting from May 21, 2011.

Paradise Ranch had received approval for $73,500. in federal Environmental Quality Incentive Program (EQIP) dollars (your tax dollars) to fund the fencing that keeps the public off the lateral coastal trail. This program is administered by the Natural Resources Conservation Service (NRCS), a part of the US Department of Agriculture. They have a regional office in the federal building at 300 Ala Moana Blvd. Paradise Ranch denied in their state and county permit applications that there was an archaeological feature on the property near the beach. When NRCS learned about this, they cut the funding. They don't fund projects with cultural resources on the property.

Richard Spacer
Kauai

More Ko Olina Complaints

Recently, my wife played tourist guide to Mainland visitors who were staying with a relative near the Ko Olina resorts. So they decided to go to the beach at the lagoon... I mean, they tried to, anyway. As is often the case these days, they were told at the security check-point that there was "no parking" available. Yet there were plenty of open spaces. What he meant was there were no PUBLIC parking spaces left, because there aren't many allocated for Hawaii residents or visitors to begin with.

Coincidentally, I received another email (posted below) around the same time in which a resident details her experience with the lovely people at the Ko Olina resorts. She asked what could be done, since this seems to be a public beach access issue. The answer is, not much. Whoever agreed to the original resort plans is the one at fault -- zoning is in the county's domain, so we can't blame the State for not requiring more public parking spaces.

However, I do believe residents in that area can make it a public relations issue. With Disney opening their Aulani Resort at the end of August, this would be a great time to stage a beach access rally right in front of the security check points. We all know how Disney wants to be perceived as family-friendly and good neighbors, right? I don't think they'd like to be portrayed as part of the Ko Olina resorts "gated community" mentality that presently exists.

In fact, Disney execs at Aulani have been saying they want their guests to enjoy a truly authentic "Hawaiian" cultural experience... I guess they mean Disney-hired Hawaiians only, since Ko Olina is turning away real Hawaiians and kama'aina who live here. Anyway, here's the email I was talking about:

From: Carolyn Golojuch
To: undisclosed-recipients:;
Sent: Mon, Jul 25, 2011 9:08 pm
Subject: Ko`Olina violates public access to the shoreline

Life is a beach

One day in the summer of 2011, I drove to Ko`Olina to spend some time walking and reading on the beach. But the powers of the beach had other ideas. We live in Hawaii but unless you’re able to pay $1M+ for a home, rental or hotel, the right of way to the shoreline means nothing.

At Ko`Olina, all the lagoons are part of the problem for the average Josephine Public. On July 25, 2011, all the lagoons were roped off even though plenty parking places were vacant. I finally drove to the last one lagoon that has a huge empty lot along with the largest paved parking lot at the lagoons. There were about three parking lot attendants guarding both the paved and dirt parking areas at the entrance. The parking lot attendants said that there were no parking spaces available. I could see all the parking open in the dirt area, to no avail.

When I spoke to the lead guard (he had been pointed out by the first parking lot attendant as the supervisor, he said the over flow was ‘at the limit for the day’ of allowed parking. ) What did this mean? I’ve been at $150+ functions and there were hundreds more ‘allowed’ parking. To me, this is just a way to violate the public’s right to the shoreline.

After being told to drive away, I told the parking attendant that this was all about keeping the locals away from the beach. The parking lot attendant asked if I knew he was local. I replied that is sad that the big guys hire locals to keep locals out. Where is the fairness, not to mention the 'aloha?'

After driving back to the entrance of the paved parking, I was told I couldn’t stop and wait for an open parking lot even though I would see a car driving out occasionally. At one point when I was told that I had to move on, I saw a couple get in a black car and drive off while I was told that I couldn’t park. I drove around and asked if I couldn’t have access to take the place of a car that I just saw drive out of the dirt parking. The ‘supervisor’ asked which car? I said it was a black car and he said, ‘oh, that car, we already told another car to go in.’ At this point, I knew they were playing games with me. It’s called Russian Roulette or keep the public out? Auwe!

Finally I drove away and turned right to find a place to park while I phoned Honolulu City and County Complaints Department. The young man said he would call back. The Department of Natural Lands and Resources called back. I had found a place under a tree, put my blinkers on while talking to them. They told of a ‘pack’/agreement that allowed the owners to control the parking situation. Bottom line, the shoreline was there before the high rises, big money hotels and time shares. That’s when the public had access to the shoreline.

As I was parked, I saw three police cars drive up: two white squad cars and an unmarked dark van type with lights on the roof. I pulled out and turned around at the next open area. That’s when the sirens went on and I was pulled over. The two squad cars parked behind me and the other drove on. Then the ‘supervisor’ from the parking lot drove on the median and parked. The two ‘parking lot’ attendants started to walk over while I was getting out my license and other vehicle identification material. Wow!

This is when the police said that the parking lot attendants wanted to file a one-year restraining order against me that would keep me off the Ko`Olina property. The police officer said that I could drive away and come back another day. Again, all because I wanted to walk on the shoreline!

The law needs to be changed to open up the access to the shoreline for the public. There were four parking lot attendants: one in the paved parking lot, at least three at the entrance and three HPD squad cars. All this to keep out the public! Where’s the aloha? Where’s the public access to the shoreline.

No Freedom of Beach Access Here

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

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

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

May 7 Rally to Preserve Waikiki Beach

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

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

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

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

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

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

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

******

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

Aloha,
Rich Figel

Tsunami Lessons

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

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

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

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

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

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

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

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

New Turtle Bay Master Plan in Works

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

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

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

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

Why Hawaii Needs a Coastal Commission

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

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

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

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

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

Season's Gatings... er, Greetings

Ah, yes. Christmas in Kailua is a magical time when people open their hearts... but not their gates. There are at least 17 beach-side lanes along Kalaheo Avenue that are gated or have "Keep Out" signs posted with threats of arrest if you try to use "their" private beach access paths. The Grinch would be proud of those folks!

There is irony in the air too surrounding the annual Obama family Christmas vacation in Kailua. The gate pictured above is on a public street at the end of the beach where the Obamas stayed in an oceanfront compound. It's ironic because the President ran as a champion of the people who was going to protect the middle class -- and yet he chose to stay in an area where only the rich can afford to live that is effectively blocked off from less wealthy Kailuans in that area.

In fact, there is only a single public beach right of way at that end and the next closest one is over a half-mile away. That makes it ideal for security purposes. The Secret Service and Honolulu police force are protecting an area that has already become a semi-private beach for the rich. Those who can't afford to live on streets with private access must either walk a long way to the public access, or drive to the main beach parking lots and hope they can find a space (on weekends the lots are full).

So to all the Grinches along Kalaheo Avenue and on Kailuana Place, who continue to lock out their neighbors, all I can say is have a Merry Gate-mas! Yes, you truly represent the aloha spirit.

Happy Thanksgiving!

Although Bob Moncrief has passed away, we can still be thankful for what he and his wife, Trudy, have stood for in the fight to preserve public beach access. The photo above of them was taken a couple of years ago in front of the L'Orange Place gate that led to the creation of Beach Access Hawaii.

The Moncriefs were the only homeowners on that street who opposed locking out neighbors and visitors from using the beach path at the end of their "private" lane. It should be noted that the residents don't mind having public services such as trash pick up, utility trucks and mail delivery using this "private" road... services their tax-paying neighbors subsidize.

One block over, Namala Place also has a gate -- and that one IS a public street, which our taxes go towards the upkeep. Yet they get away with locking out neighbors because the beach access is situated on a strip of "private" land between two houses. They also have street lights and public services paid for by the people they want to keep out. You can drive and park on the street that our tax dollars pay for, but you can't use the gate.

Meanwhile, Kalaheo Avenue continues to be dangerous for pedestrians and bike riders who must literally go out into the street to get around the dirt and debris, along the section from L'Orange to the only public access for over half a mile at that end of the beach. The City has been notified repeatedly, yet hasn't done a damn thing to rectify the situation.

I suppose we should be thankful that no one has been hit by a car... yet. Mark my words, it will happen.