I've been remiss in posting updates for two reasons: 1.) Not much new to tell you. 2.) Have been busy with my Honolulu Advertiser blog, "Addicted to..." which deals with all types of addictive behavior and recovery.

Due to contract disputes at the Advertiser, I've been asked by employees to honor their "blog strike," which started today (Aug. 25). My prior posts are still available in the archives, and there are good article links related to the failed War on Drugs, as well as new studies about addictions. But the management has disabled the Comments until further notice. Haven't they ever heard about freedom of the press? Sheesh.

In any event, I walked to the beach this weekend and observed a few things. Remember how the City made a big to-do about those yellow 911 beach right of way signs they put up? The one by the Kailuana BROW at the north end of Kalaheo Avenue has been gone for a couple of months -- and still hasn't been replaced.

I have no idea if vandals stole it, or if someone who lives near that public access didn't like the sign because it might increase foot traffic next to their homes.

Meanwhile, despite our group's complaints about unsafe conditions on Kalaheo Avenue for pedestrians and bicyclists, not a damn thing has been done. The narrow shoulder areas along the road side are still just as narrow and half covered with debris or weeds, forcing walkers and bikers into the path of fast moving car traffic.

We were told by City Council Chair Barbara Marshall's assistant that homeowners were responsible for fixing that problem and had been notified. Really? So where's the follow-up?

Then as I was walking along the beach I saw two new houses nearing completion that are being built closer to the ocean than the older homes. Folks, if nothing is done about shoreline setbacks on Oahu, it won't be long before Kailua Beach looks more like Lanikai Beach and Kahala Beach. The closer that houses are built to the ocean, the more beachfront will be lost through erosion and vegetation growth, such as naupaka, that will extend out from those homes. Just take a drive over to Lanikai and you'll see what the future looks like.

Last beach observation: dogs are crapping on the beach and their owners are leaving it there. I have not been been opposed to allowing people to walk dogs on the beach, but if they aren't going to make sure other people pick up their dog's waste, maybe the City needs to have police hand out a few tickets. That goes for littering too.

When stuff like that happens, it reinforces the negative opinion people who live on gated roads have of beach users. I understand what they're complaining about. It's the few bad apples that ruin things for the rest of us.

BTW, below is a sample of a BAH bumper sticker we're getting printed up. We have two other designs that say, "Open Da' Gates!" and "No More Gates!" If you want one, email your home address to richfigel@yahoo.com.

Posted by richfigel at 12:34 PM | Permalink | Comments | links to this post

Our allies at the Surfrider Foundation have sent a letter to the Dept. of Land and Natural Resources, contesting the recent decision to move forward with the State's controversial paid parking plan at the Ala Wai harbor.

According to the national litigation manager for Surfrider, under current State laws, they CANNOT privatize parking there. Below are excerpts:

To The Chairperson and Members of the Board of Land and Natural Resources:

On behalf of Surfrider Foundation, a grassroots, non-profit environmental organization dedicated to the protection and enjoyment of the world’s oceans, waves and beaches for all people, with over 900 members in Hawaii and 50,000 members worldwide, we are writing to oppose issuance of a revocable permit to a private, for-profit entity, Diamond Parking LLC, for management of the Ala Wai Small Boat Harbor parking area. A central focus of Surfrider’s mission is to ensure beach access for all persons. As it stands, this type of regulation of parking would not only discourage and effectively prohibit surfers and beachgoers from utilizing the natural resource they have become accustomed to enjoy, but it would also illegally privatize a government function. This privatization should not occur because the state legislature has failed to endow state agencies with the power to contract with private contractors.

The state does not have the right to contract with private companies in such a way as DOBOR is contemplating by creating a parking management plan that would be run by a private company. The rationale for this rule against privatization is to protect against the potential for abuse of government and taxpayer money. Additionally, the prohibition on contracting with private entities protects against the possibility that the public will be overcharged for services only to benefit of a private company who otherwise would not be making money.

This issue was once regulated by Hawaii’s Act 90. Act 90, which was enacted in 2001, explicitly allowed counties and states to “contract with private entities when it is reasonable to believe that those private entities can provide equivalent or better quality services at lower cost than the government agency”. Act 90 is no longer valid and was NOT used as a justification for this contract proposal...

Surfrider avers that this proposed parking management plan would disturb the beach-going experience as well as overstep the state’s restrictions on contracting with private entities. Because the currently proposed parking management plan would not only restrict beach access, which contravenes a core tenet of Surfrider’s mission, but also would do so illegally without statutory right, Surfrider asks that the request for issuance of revocable permit to Diamond Parking LLC be denied.

Sincerely,
Angela T. Howe, Esq.
Legal Manager, Surfrider Foundation

Will be interesting to see how the State responds to this challenge! We'll keep you posted.

Posted by richfigel at 10:11 AM | Permalink | Comments | links to this post

The Star-Bulletin reports another case in which landowners have restricted access because of idiots who trash the beach and have no regard for others.

Although they placed boulders on the road to stop vehicles, people can still walk down to the shoreline. Here's an excerpt, followed by the article link:

... Shipman, which owns more than 17,000 acres in the area, placed the boulders on June 6 at its boundary with Hawaiian Paradise Park subdivision, where the road widens to 50 feet.

Walters is clear about why he took action. It was in response to complaints about trash, abandoned cars, wild parties, gunshots and drug use spilling off the road onto Shipman property, he said...

Sad, huh? And these are locals who are ruining it for everyone. Here's the link to the entire article.

Posted by richfigel at 8:29 AM | Permalink | Comments | links to this post

Although the State Legislature has adjourned until next year, we still may be able to get state action on public beach access, according to Mike Lameier of the National Marine Fisheries Service.

He said the upcoming review of the State's Coastal Zone Management Program is an opportunity for the public to influence how the State CZM Program in Hawaii is spending their money and tax dollars.

A team of federal reviewers will meet with government and non-government organizations in Hawaii, and have a public meeting on the Big Island, July 30, to review how our State CZM Program is doing.

The review team must then write a report, which will include "program suggestions" and "necessary action." Program actions are non-binding recommendations for the State CZM to focus more attention on specific issues raised by the public. Necessary actions are binding. If there is enough public interest and comments about a particular issue, the federal reviewers can restrict or even deny state funding, until the state program has improved the situation regarding those issues.

Mike wrote: "As you can see, this is a great opportunity to influence our State CZM Program to give more attention and funding to public beach access issues or other issues, which you feel are important."

We need your emails and letters asking the State to step in and establish uniform guidelines for shoreline access throughout Hawaii. Point out that we need to know where additional public access ways are needed on all the islands, and explain that many residents no longer can walk easily be beaches because of gates on private and public roads.

If you have questions, contact Rich Figel via email: figeli001@hawaii.rr.com

Please email your comments to Ms. Carrie Hall at carrie.hall@noaa.gov

Or snail mail letters to:
Ms. Carrie Hall, NOAA/NOS/OCRM
1305 East-West Highway, N/ORM7
Silver Spring, Maryland, 20910

Posted by richfigel at 3:07 PM | Permalink | Comments | links to this post

Good letter in today's Star-Bulletin (July 9) related to the Fourth of July:

Allow access to beach at least 1 day a year

Land of the free? Apparently not in Kailua. Yes, the signs said "Private Road, NO Beach Access," but surely on this one night of the year when Kailua Beach is the gathering place to view fireworks, "outsiders" who do not actually live on that lane would be allowed to pass by as we have done for more than 20 years. But no -- a gate that we did not know existed stood locked. Fortunately we were allowed to enter with the privileged ones who had the gate code.

Yes, it is your right to close your private road. But how hard would it have been to prop the gate open for one hour on this special night? How offensive is it to have strangers walking in front of your homes anyway? News flash -- we all have strangers walking and driving by -- sometimes speeding, if you live on a shortcut used by all to avoid the traffic on Oneawa. We have had litter, noisy kids, loud thumping radios, vandalism and car theft because everyone is allowed on our road. We have also made friends with those who pass. So "land of the free" seems to depend on your address.

Maryalice Woody
Kailua

Posted by richfigel at 8:02 AM | Permalink | Comments | links to this post

You can see additional Fourth of July photos on our Flickr page by clicking here...

Posted by richfigel at 9:21 PM | Permalink | Comments | links to this post

Mahalo to everyone who helped make the Beach Access Hawaii entry a big hit with the throngs of people who lined the parade route Friday morning! We had over 30 participants on the float, marching or riding bikes -- plus members of Surfrider, and a strong contingent from the Defend Oahu Coaliton in their green "Keep the Country Country" shirts right behind us.

KGMB News had a brief shot of our truck with the "Save Beach Access" sign on the front, and we got a lot of spectators talking about the issue of locked gates in Kailua. Hmm, does that fake gate on the back of our truck look familiar?

Posted by richfigel at 12:28 PM | Permalink | Comments | links to this post

The official staging area for Beach Access Hawaii and Shoreline Access Coalition will be at Pukoa Street at the N. Kainalu Drive intersection. If coming from Kainui Drive, going south on Kainalu it's the second left (after Kaha Street).

Word has been spreading, and our ranks are growing! We're expecting a good turnout for Friday morning, so don't be shy about joining us at any point along the parade route. Just keep your ears open for the, "Get up, stand up -- don't give up the fight!" chant, accompanied by 25 kazoos.

And dig Ben Mon's awesome "Free Beach Access" shirt design he did for the parade on the right! Let me know if you want a custom shirt of your own.

Posted by richfigel at 12:27 PM | Permalink | Comments | links to this post

Calling all surfers, paddlers, fishermen and beach-goers of all ages!

Wear wacky beach outfits, bring props like boogie boards and fishing poles, and join us on Friday, July 4 for the annual Kailua parade down Kainalu Drive...

Our allies, Defend Oahu Coalition from the North Shore and the Surfrider Foundation, will also be marching. Bring your kids, your pets and your friends. We want to make this a Moveable Beach Party that will spread our message: Hawaii's beaches belong to us all. No more gates! No private beaches!

Posted by richfigel at 9:39 AM | Permalink | Comments | links to this post

Ian Lind's blog today points out another major omission in the KHNL story last night (see post below) about Kahala homeowners claiming the naupaka in front of their property is actually preventing beach erosion:

"... The problem with the story is that it fails to credit the mass of scientific evidence and legal precedent that has identified artificial plantings along the shore as sources of erosion. Like seawalls, which are a last line of defense for oceanfront land but are generally banned because they cause serious long term erosion, property owners think they are protecting the beach by encouraging plants to grow onto the sand but in fact they are causing erosion by interfering with the natural circulation of sand.

In Kahala, the neighborhood board and community association have been pushing the state for years to enforce its coastal rules, which prohibit plantings seaward of the legal shoreline. Kahala homeowners have planted and watered in order to get naupaka and other plants to grow towards the water, in the process extending their own properties while damaging the beach.

This has been a problem statewide for years, a history ignored by the K5 report. It led to a landmark Hawaii Supreme Court decision in 2006, discussed here in Juan Wilsons Island Breath blog.

The Department of Land and Natural Resources should be getting credit for finally taking comprehensive enforcement action in a coastal area rather than simply responding to complaints about individual homeowners. Instead, K5 ignored history, law, and science with its homeowners rights approach to the issue..."

Here's the link to the complete blog entry.

Posted by richfigel at 7:59 AM | Permalink | Comments | links to this post