Honolulu Mayor Kirk Caldwell obviously has a public Face Book page. Like a typical politician, a reader can see spin and disinformation. As case in point is the above post on Kuly 10, 2019 by the Mayor’s Communications Team.
But Honolulu residents has their own opinions. See some of the comments.
The Mayor cannot legally censor or delete the public’s comments: https://www.aclu.org/blog/free-speech/internet-speech/court-rules-public-officials-cant-block-critics-facebook
Concerned Citizens Are Rising Up to Send Mayor Caldwell a Strong Message!
DOWNLOAD Petition Forms here: https://impeachmayorkirkcaldwell2019.com
Please Kokua. Stand Up and Be Counted!
The City and County of Honolulu City Council adopted Bill 89 and Bill 85 on June 17, 2019 after many long and contentious hearings.
Honolulu Mayor Kirk Caldwell signed Bill 89 into law on June 25, 2019. On July 3, the City Council chose not to address Bill 85 Veto.
Here is the information provided by the Department of Planning and Permitting:
June 21, 2019
City Department of Planning and Permitting
New Regulations on Short-Term Rentals
Bill 89 CD2 was adopted by City Council on Monday, June 17. It is awaiting action by Mayor Kirk Caldwell. Its main points:
_Allows a limited number of new Bed and Breakfast Homes (B&B) in non-resort areas under a new registration process, with annual renewal required.
_Continues to prohibit Transient Vacation Units, or “unhosted” rentals, in non-resort areas, unless the dwelling has a Nonconforming Use Certificate (NUC).
_Regulates hosting platforms, such as Expedia or Airbnb, requiring monthly reports to be filed with the Department of Planning and Permitting, which will share the information with City Council.
_Makes illegal any form of advertising short-term rentals which are not in compliance with zoning regulations as provided in Bill 89. Bill 89 CD2: http://bit.ly/2Kt9Qu9
The following Questions and Answers are based on the assumption that Bill 89 CD2 will shortly be enacted into law.
ADVERTISING
I own an unhosted, “whole house,” or Transient Vacation Unit. I pay taxes. Can I continue to advertise online and in the local newspaper?
Only if the dwelling has a NUC or is located in a resort district.
When will the department start enforcing the new advertising restrictions?
Beginning August 1, 2019.
What are the fines for illegal advertising?
Owners of the property involved in illegal advertising will be notified, and if the advertisement is taken down in 7 days, no fine will be imposed for a first offense. If not taken down within this deadline, fines of between $1,000 and $10,000 can be imposed for each day the advertisement remains on display.
If the management company for my property places an illegal ad, will the company get cited?
They may be cited, but Bill 89 CD2 says, “The burden of proof is on the owner of the subject real property to establish that the property is not being used as a bed and breakfast home or transient vacation unit or that the advertisement was placed without the property owner’s knowledge or consent.”
REGISTRATION OF NEW BED AND BREAKFAST HOMES
I have been operating a Bed and Breakfast Home for several years. Do I still have to obtain a registration number?
Yes, unless you have a NUC.
I only rent out my house for more than 30 days at a time. Do I need to register?
No.
I only rent my house while my family spends 2 weeks each year visiting family on the mainland. Do I need to register? When can I register?
Registration will begin no sooner than October 1, 2020.
Why do we have to wait more than year to register?
The time is required for the Department to develop more specific procedures for implementing Bill 89 CD2, including the adoption of rules, and creating the software to help with enforcement and the registration process. If necessary, it provides time to acquire more staff and to train them.
What are the registration requirements?
There are more than a dozen requirements. Most notable:
_Applicants must be “natural persons,” and not an organization or company
_Applicants must have a home exemption granted under real property tax law
_There must be insurance coverage for bed and breakfast use
_The initial registration fee is $1,000. For annual renewals, the fee is $2,000
_No more than 2 bedrooms can be used for visitor accommodations
_Quiet hours must be observed between 10 pm and 8 am
_If part of a homeowners or apartment owners association, approval by that association must be obtained
_Neighbors within 250 feet must be given a phone number to contact to make complaints 24 hours a day
For the complete list of requirements, refer to Bill 89 CD2: http://bit.ly/2Kt9Qu9 3
Are there other requirements?
Density Limit. No more than 0.5% of the total number of dwelling units in each regional development plan area (DPA) can be used as B&Bs. Here are the limits by area:
New B&Bs are not allowed in the North Shore area, based on directives of the North Shore Sustainable Communities Plan: http://bit.ly/2Y4QpLg
Condominium Limit. Up to 50% of units in a condominium building may be allowed a B&B, subject to AOAO approval.
Nontransferable. Registration numbers are not transferable to another property, nor transferable to another homeowner.
Separation Minimum. B&Bs must be at least 1,000 feet from each other. This does not apply to units in resort areas and NUCs.
Renewal Criteria. Noise and other nuisance complaints can be grounds to deny renewal requests.
For the complete list of requirements, refer to Bill 89 CD2: http://bit.ly/2Kt9Qu9
How long will it take to get registered?
It is not yet determined. An online registration process is anticipated, but certain requirements will have to be verified; e.g. compliance with parking requirements.
If only a limited number of registration numbers will be given out, how can I guarantee to get one?
There is no provision for guarantees.
How will it be determined who gets a registration number?
Generally on first-come, first-served basis. If the number of requests exceeds the limit for a DPA, then a lottery will be held.
How will the lottery system work?
This will be fleshed out in the Rules. There will be a public hearing on the draft Rules before they are finalized.
I am currently operating a B&B, and do not have a NUC, so will need to register. Will I get priority in the registration process?
No.
Can I advertise and operate a short-term rental once I register?
No. To avoid a citation, operation cannot occur until the registration process has been completed and registration number issued.
MORE INFORMATION
Note that DPP has not mentioned about the property tax designation to “Resort”. It’s unclear whether it would be based only on the two bedrooms of a home.
Refer to the Department’s website:honoluludpp.org
Email the Department:info@honoluludpp.org
Call the Department:
Advertising Restrictions: 768-8127
Registration Process: 768-8127
General Zoning Information: 768-8252
Make a complaint: 768-8127
Public Information Officer: 768-8284
Choon James has been a real estate broker for over 30 years. She can be reached at 808 293 8888 ChoonJamesHawaii@gmail.com
Daniel James has been a Real Estate Associate for 5 years. He can be reached at 808 542- 5165 http://www.HawaiiRealEstateOhana.com
Download Petition here! http://www.ImpeachMayorKirkCaldwell2019.com
Not registered to vote? No Problem! REGISTER to vote here!
PETITIONS TO IMPEACH MAYOR KIRK CALDWELL
Persons of contact: Choon James 808 293 8888 Kapohuolahaina Moniz Pa Dave Moskowitz 203 8898 EMAIL: ImpeachMayorCaldwell2019@gmail.com
We are severely concerned with the malfeasance, misfeasance, and non-feasance behavior that have been happening at City Hall.
We have watched with horror the escalating mismanagement and runaway costs of the mismanaged and outdated Honolulu Rail Transit project. The Rail project was grossly under-estimated at $2.7 BILLION in 2006. Today, it’s escalating to $10 Billion with unknown costs. Even the Operations & Maintenance costs and ridership revenues are unknown. The Rail project is now under federal investigations. There are relentless reports of mismanagement and fiscal mishaps about the rail but Mayor Caldwell acts oblivious to them.
Consequently, core services are being undermined while our taxes and fees are escalating. GET/property taxes have increased. “Residential A” property taxes for local landlords who provide services to long-term renters have tripled, triggering rent increases. Other fees like vehicle registrations, sewer and water fees have increased. Our mainstream residents are struggling with these escalating costs of living.
The last two years had more Hawaii residents LEAVING, due mostly to “high costs of living”. We’re being priced out of our house and home.
The list of Mayor Caldwell’s arrogance, corruption, and mismanagement includes, but not limited to, the following: The independent Ethics Commission Director Mr. Chuck Totto was ousted. The former Honolulu Police Chief Louis Kealoha is on trial at the federal courts. The Mayor’s chief Corporation Counsel Donna Leong is on paid leave, related to the Kealoha federal investigations. The city’s Prosecutor is being investigated and on paid leave.
Homelessness, crime, environmental degradation, monster homes, violations of residents’ civil rights, violations of state and US Constitution that force the city to pay for settlement awards, abuse of the Community Development Block Grants and so on. Mayor Caldwell is not responding to severe land-use and planning concerns relating to, but not limited to, the Ala Moana Regional Beach Park, the Sherwood Forest Beach Park in Waimanalo. The cries of residents to have basic clean and well-managed beach parks and other public facilities in ALL parts of Oahu are ignored.
Every day, we see the Mayor’s bad behavior and we feel angry but helpless. We see our beloved island worsening. We see ourselves being forced to pay the price for his bad management and bad decisions.
We cannot afford to give Mayor Caldwell any more time to further destroy our island and price us out of our homes and island.
Today, we’re taking a stand and rising up. We need and want new leadership of honesty and transparency and putting RESIDENTS FIRST!
We want fairness, even application of the law and city’s funds across Oahu.
We want to do away with political “pay to play” games at the taxpayers’ expense.
We want our neighborhoods to be clean and safe.
We want to protect Oahu’s overarching environment, sustainability, safety, and prosperity for our children and their future.
We want to live in our beautiful island and not be priced out!
We want to take our government back!!!
Please kokua. Stand up and be counted! Please sign the petition to impeach Mayor Caldwell to send him a message that we’re not happy with the direction Oahu is heading! Mahalo!
The Waimanalo General Public was alarmed when they noticed bulldozers grubbing the wooded Sherwoods Forest Beach Park on and around mid-April 2019. The Waimanalo Bay Beach Park Master Plan Environmental Assessment (EA) was completed on June 12, 2012
Date: May 23, 2019
To: Office of the Mayor
City and County of Honolulu
530 South King Street, Room 300
Honolulu, Hawai`i 96813
Subject: An open letter to Mayor Caldwell requesting community consultation and further environmental review on the Waimānalo Bay Beach Park Master Plan
We are writing in support of community efforts to obtain consultation and clarification on the 2012 Waimānalo Bay Beach Park Master Plan. Our groups support community engagement with public processes and proper review of environmental impacts of projects planned on public lands and especially our treasured beach parks. Many longtime Waimānalo residents and leaders, including Nā Kuaʻāina o Waimānalo, expressed that this plan does not reflect todayʻs community needs and priorities.
We understand a final environmental assessment was accepted in 2012, but since that time the community, Waimanalo, and even the Master Plan project have undergone significant changes.
– The Plan identified uses of R-1 water, but the Waimanalo water treatment plant does not recycle water to an R-1 level. Where will the water be sourced from?
– How will new traffic projects planned for areas adjacent to the park exacerbate the previously reviewed environmental impacts?
– The initial project provided that grubbing wouldn’t occur between April 15 and August 15 to avoid interfering with the breeding season of the endangered ʻōpeʻapeʻa (Hawaiian hoary bat). However, the final plans changed the time period to June 1 to September 15 without a clear explanation. How is the City certain that this important species will be protected?
– The community has documented instances of archaeological monitoring violations during grubbing. How can the community be better assured iwi and historical sites are protected?
Communities that value Waimanalo beach park have many concerns. Neither the Master Plan nor the environmental review documents have answered them. We urge project proponents to immediately cease tree-clearing and call together a public hearing to answer the community’s cogent questions. Further environmental review and consultation is prudent and needed.
We are a coalition of Hawai‘i-based nonprofit groups organized around protection of our communities’ parks, open spaces, and cultural resources.
– Nā Kuaʻāina o Waimānalo is a community association of ʻaloha ʻāina assembled to protect Waimanalo.
– KAHEA: The Hawaiian-Environmental Alliance has been advocating for the rights of Hawaiian communities in our precious natural resources since 2000.
– Hawaii’s Thousand Friends is a non-profit environmental, land and water use organization dedicated to ensuring that Hawaii’s natural and cultural resources are protected for present and future generations.
– O‘ahu Island Parks Conservancy advocates for sustained protection and preservation of public landscapes and open spaces including historic parks, scenic byways, greenways, natural spaces, and related view planes, to benefit the people of Hawai‘i and future generations.
– The Outdoor Circle’s mission is to conserve and enhance the natural beauty and resources of our islands for future generations by providing and promoting environmental education and activities that cultivate respect and appreciation for Hawai‘i’s unique natural environment.
– The Hawai`i Alliance for Progressive Action seeks to catalyze community empowerment and systemic change towards valuing ʻāina and people ahead of corporate profit.
– Save Ala Moana Beach Park Hui is a community association dedicated to principles of preserving our public park spaces.
– The Hawaii Audubon Society has been fostering community values that result in protection and restoration of native wildlife and ecosystems and conservation of natural resources through education, science and advocacy in Hawaii and the Pacific since 1939.
Mahalo for considering our concerns.
Please contact Kalani Kalima , Donna Wong or Bianca Isaki bianca@kahea.org with any questions.
Me ke aloha,
Kalani Kalima, Nā Kuaʻāina o Waimānalo
Bianca Isaki, KAHEA: The Hawaiian Environmental Alliance
Donna Wong, Hawaii’s Thousand Friends
Michelle Matson, O‘ahu Island Parks Conservancy
Winston Welch, The Outdoor Circle
Anne Frederick, Hawai`i Alliance for Progressive Action
Shar Chun-Lum, Save Ala Moana Beach Park Hui
Linda Paul, Hawai`i Audubon Society
Cc:
Council chair Ikaika Anderson
Councilmember Heidi Tsuneyoshi
Councilmember Tommy Waters
Councilmember Anny Kobayashi
Councilmember Carol Fukunaga
Councilmember Joey Manahan
Councilmember Brandon Elefante
Councilmember Ron Menor
Councilmember Kymberly Pine
Kamakana Ferreira, Office of Hawaiian Affairs
Hinaleimoana Wong-Kalu, O`ahu Island Burial Council
Alan Downer, State Historic Preservation Division
Senator Laura Thielen
Representative Cynthia Thielen
Representative Chris Lee
We the citizens have watched with horror the escalating mismanagement and runaway costs of the outdated Honolulu Rail Transit project. The Rail project was estimated at $2.7 BILLION in 2006. Today, it’s climbing to $10 Billion, with unknown future costs. Even the Operations & Maintenance (O&M) costs and ridership revenues are unknown. The Rail project is under federal investigations.
Consequently, core services are being undermined while our taxes and fees are escalating. Our property taxes have increased. Our vehicle registrations have increased. Our sewer fees have increased. Mayor Caldwell now wants to even charge us garbage fees. Our mainstream residents will not withstand these escalating costs of living.
More of our people are leaving Hawaii the past two years, due mostly to “high costs of living”. Young parents are holding down two or three jobs to make ends meet only to face more escalating fees and costs. We’re being priced out of our house and home.
Furthermore, we the citizens are angry at the malfeasance, misfeasance, and non-feasance behavior that have been happening at City Hall.
The list of corruption and mismanagement is long! The independent Ethics Commission Director Mr. Chuck Totto was ousted. The Mayor’s chief Corporate Counsel Donna Leong is on paid leave due to federal investigations. The former Honolulu Police Chief Kealoha is on trial at the federal courts. The city’s Prosecutor Keith Kaneshiro is being investigated and on paid leave.
Homelessness, crime, environmental degradation, monster homes, violations of residents’ civil rights, violations of state and US Constitution that force the city to pay for settlement awards, abuse of the Community Development Block Grants and so on. Mayor Caldwell is not responding to severe concerns relating to the Ala Moana Regional Beach Park, the Sherwood Forest in Waimanalo, the cries of residents to have basic clean and well-managed beach parks and other public facilities in all parts of Oahu.
We the citizens see the Mayor’s bad behavior; we feel angry but helpless. We see our beloved island worsening. We see ourselves being forced to pay the price for his bad management and bad decisions.
We cannot afford to give Mayor Caldwell any more time to further destroy our island values and push us out of our homes and island.
Today, let’s take a stand and rise up. We need and want new leadership based honesty and transparency and putting residents first! We don’t need a mayor who disses ordinary people in his city hall kuleana but holds a second job as a Bank Director for $250K a year.
We want fairness, even application of the law and city’s funds across Oahu.
We want to do away with political “pay to play” games at the taxpayers’ expense.
We want our neighborhoods to be clean and safe. We need public facilities to be managed well and consistently. We don’t want to have to beg for core services for our communities.
We want to protect Oahu for our children and their future. We want an
Oahu where all have the opportunities to work hard and succeed!
We want to live happily in our beautiful island and not be priced out!
We want to take back our government!
REGISTER TO VOTE now if you’re not a registered voter.
Are Taxpayers Paying for Mayor Kirk Caldwell’s Social Media Posts?
What do you think of this facebook post, the day after Thanksgiving 2018?
Have you ever wondered what some of the filtered/deleted comments were in the Mayor’s posts?
I’ve heard Honolulu Residents who are blocked from the Honolulu Mayor’s FB page. Some comments that I’ve read are pretty witty and caustic but to the point. Some are really funny. I think there are always implanted trolls who praise him or his ventures to hyperbolic proportions.
Are we taxpayers paying for these Facebook posts? How many public relations people does the Mayor of Honolulu employ at Honolulu Hale?
Mayor Caldwell announces selection of funfing mechanism for $44 million for rail. Use of these funds was mandated by the state Legislature through the passage of Act 1 in 2017.
Mayor Kirk Caldwell Pushes Rail Forward Despite Public Protests
Press conference for signing of Bill 42 (2017), CD2 which allows the use of a maximum of $214 million in city general funds for rail. Mayor Caldwell has been pressing City Council leadership to pass the bill since last year.
The $214 million amount was mandated by the state Legislature through the passage of Act 1.
Rick Johann replied1 Reply
AFOR ACTION
1. RESOLUTION 18-240 – WAIVER OF THE PROVISIONS OF THE REVISED CHARTER. Waiving the provisions of the Revised Charter of the City and Countyof Honolulu in order to allow the City to provide $44 million in City moneys to the
Honolulu Authority for Rapid Transportation for expenses related to the Honolulu High-Capacity Transit Corridor Project.
Laniloa Point aka “Laie Point” in Laie, Oahu is a peninsula that juts into the ocean.
The peninsula rises to higher elevation (40-45 feet) at the Laie Point Lookout. A small part of the Peninsula is connected at ground level by Clissolds Beach aka Bikini Beach. However, most of the Point peninsula drop into the ocean waters with no sandy beach below.
Several Point properties have carved steps on the 40-feet shoreline setback in their backyards to gain access to the ocean waters.
On October 1, 2018 a resident was walking along Clissolds Beach and noticed huge quantities of fresh naupaka foliage with its roots washed up along the shores. She had not seen this the day before. It was estimated that this cliff collapse triggered at 55-064 Naupaka Street happened in the early morning of October 1, 2018.
I live next door to this property. My house is the one on the far right. We built this home with our mason friend, Wahanui Elkington and other construction friends about 25 years ago.
Our next door neighbors then (subject white roof house with safety netting) were friendly and open. It was just the two of them senior citizens. They let the surrounding neighborhood children visit them at will. She loved children. They had a grand piano. They had a small Koi pond. We visited often. He even showed me the natural fissure in their shoreline set back and suggested carving steps to access to the waters below, together. We both didn’t do anything about it. She passed away first. Her husband later sold the property in 2007 to the current owner from California.
This property would turn into an Airbnb vacation rental. Many illegal vacation rental impacts problems ensued.
We would be subjected to loud partying, be woken up by loud quarrels and so on. Their hot tub was first situated next to our yard boundary but would later be relocated even closer to the ocean. There would then be a fire pit with smoke coming our way.
We would hear jack-hammering. Sometimes I would even hear jack-hammering in the darkness but it would stop after I turned on our deck porch lights. These hammering, chipping, terracing and fillings into the 40 feet shoreline set back began around 2012. I heard the jack hammering and also felt the vibrations through the years.
As recently as last month, a local fisherman attested to hammering activities then in facebook comments. The local fisherman also commented he was told he was not allowed to fish from the cliff ledge.
Another local fisherman commented he could no longer fish there because of the cliff collapse. His fishing spot has disappeared. There was a parameter foot path along the cliff ledge where local fishermen used. That path is now cut short.
Airbnb Guest reviews in 2013 also reveal the “carving” into the 40 feet setback on the cliff for a hot tub and other amenities to be closer to the ocean.
Photos of the Airbnb vacation rental website, closed as of October 14, 2018, also showed the encroachments and placement of amenities into the 40-feet shoreline setback.
Through the years, the operators – Eric Orr – Property Manager, of this illegal vacation rental encroached and violated Hawaii’s 40-feet shoreline setback. These continuing encroachments into the 40-feet shoreline set back crept closer and closer to the edge of the cliff and ocean.
I emailed the property owner who lives at Dana Point, California about this cliff collapse on October 1, 2018. His response was that it was an “erosion”. He said to contact his property manager who also claimed “erosion” and that he was in no way responsible for the cliff collapse. Their seven Airbnb online websites for Laie have been discontinued as of October 14, 2018.
As of October 15, 2018, the Honolulu City and County Department of Planning and Permitting has issued a NOTICE OF VIOLATION to the owners in California – “Development work within the 40-ft shoreline setback, but not limited to, including a CMU fish pond, hot tub, and a circular stone fire pit-type structure are to be removed“ and so forth.
The Notice of Violation also stated for owners to “Restore the area immediately . . .”
How does one restore the irreparable carved out cliff top and portions of the collapsed cliff?
What is the relevance of the 40-feet shoreline set back in Hawaii?
What do you think? Is it Erosion or did the 40-feet shoreline set back violations through years of jack hammering, terracing, fillings, and other activities to get closer and closer to the waters contributed to the cliff collapse into the ocean?
Additional Photos Taken October 3, 2018
Photos below expose the leveled area, fillings, and missing retaining wall at the trigger spot of the cliff collapse.
Photos below show portions of a natural vertical fissure (left) in this property.
October 17, 2018 Photos Taken BELOW Portions of the leveled area/retaining wall collapsed into the waters. A new bamboo screen and other accessories are seen. New palm frond debris now cover the surface edge of collapsed cliff top.
The hot tub below has been lifted up from its position onto the fire pit area, exposing grading on cliff surface inside the 40-feet shoreline setback. Other portions have further been terraced and leveled towards the ocean.
1-29-2013 Laie Point Google Image (below) showed a “fisherman’s foot path” along the cliff’s edge known to locals.
April 2017 These images below were shared on YouTube, showing sprawl towards the natural fissure in the 40-feet shoreline setback.
UPDATE: Property Manager Eric Orr later contacted Honolulu City and County DPP Inspector: On Tue, Oct 23, 2018 at 12:59 PM Hirano, Lester <lhirano@honolulu.gov> wrote:
Good afternoon, Choon,
Thanks for the heads-up concerning the edge of the cliff. I really appreciate your concern for our safety and I’ll be careful not to get too close to the edge!
This morning I received a call from the agent/tenant, Eric Orr who admitted to jackhammering the cliff side in order to carve out a stairway to the rocks at the base of the cliff.
Therefore, since Eric admitted to doing the jackhammering and causing the collapse, the City will now be working on creating a notice of violation to the owner and tenant for causing the cliff side collapse.
Just FYI, I have made an appointment to meet with Eric at the property this Friday at 2pm. In order to observe the progress he’s made in removing the items within the shoreline setback which the City cited him for.
And thank you as well for offering even further assistance than you already have in the form of additional drone flights. The photos you provided from previous drone flights were extremely useful in pinpointing the problem areas of the subject property.
I’ll let you know when and how the City will be taking action against the owner and agent as soon as I confer with the other DPP planners.”
The Public, fishermen, neighbors and community have yet to receive a response from those responsible – no apologies for destroying a natural resource for their profits; no apologies for destroying the local fishermen’s path; no apologies for destroying our land area. The State of Hawaii needs to tighten the laws and treat this as a crime for those who INTENTIONALLY violate the shoreline management setback laws for their illegal profits and greed and no respect for the aina.
