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Elections 2022 November 8, Tuesday

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It appears like status quo will continue.

The local TV News Station reported about 33% of ballots collected as of yesterday. This is a bad sign. I don’t think 63% of our registered voters is going to show up today. Do you?

This has been an awful election season.

Candidates with huge campaign chests prefer to bombard the airwaves and social media rather than participate in debates in the town square.

Monster Bill 10: How many tails are waging this Bill?

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Bill 10 is attempting to overhaul the Honolulu County Chapter 21 – Land Use Ordinances. This is a big undertaking.

February 3, 2022. Bill 10 was introduced by Chair Tommy Waters (By Request)

March 3, 2022.The Director of Department of Planning and Permitting (DPP) asked for 180-days extension at this Zoning and Planning Committee Meeting.

August 25, 2022. Here are the minutes for the Zoning and Planning Commission.

September 9, 2022 A request for a second delay. The Director of DPP asked for 120-day extension.

Who is behind the creation and substantial overhaul of this Bill 10?

Isn’t this a DPP-propelled document?

Why is DPP asking for yet another extension?

On the other hand, why is the Honolulu City Council wanting to fast-track Bill 10?

Who is really behind this omnibus Bill 10?

REFERENCES:

Testimonies supporting or opposing the bills are always interesting to read.

  •  M-0058(22) – Testimony on BILL010(22) for Feb 23, 2022 @ 10:00 AM Council Meeting.
  •  M-0069(22) – Testimony on BILL010(22) for March 3, 2022 @ 09:00 AM Zoning and Planning Meeting.
  •  M-0156(22) – Testimony on BILL010(22) for Apr 21, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0280(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0286(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0324(22) – Testimony on BILL010(22) for Aug 25, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0339(22) – HAWAII STATE ENERGY OFFICE – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
  •  M-0346(22) – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
  •  M-0351(22) – Testiimony on Bill 10 (2022) for 08/25/22 @ 9:00 AM Zoning and Planning meeting.
  •  M-0370(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM Council Meeting.
  •  M-0373(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM COUNCIL Meeting.
  •  M-0387(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting
  •  M-0411(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting.
  •  M-0417(22) – Testimony on BILL010(22) for Sep 26, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0450(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0460(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.

Bill 10: Council Chair Tommy Waters told public to pay more attention

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At the end of the October 20, 2022 Planning and Zoning Committee, Chair Tommy Waters told the public to pay more attention saying that the Bill 10 was introduced on February 3, 2022.

OUCH!

Funny thing I was just thinking that even the single – vacation rental – issue took years to reach a conclusion.

With the vacation rental issue alone, after years of acrimony during the Caldwell Administration, the new Blangiardi overhauled Bill 89 and came up with a new Bill 41 aka Ordinance 22-7. Presently, there is a District Court Preliminary Injunction Order on October 3, 2022.

Why would the public be so alarmed with Bill 10 at this stage?

Could it possibly be that the City Council members did not provide sufficient disclosure, education and outreach on this very sweeping and significant Bill that overhauls Oahu’s land use ordinance?

Seriously, how many city council members have read through the entire 239 pages approved and submitted to them by the Honolulu Planning Commission?

After the Second Reading of Bill 10 on September 26, 2022, two city council members felt the need to host informational town hall meetings for this Bill.

District 1 Andria Tupola hosted an hour Zoom meeting on October 19, 2022. It could have gone on for another two hours to work out amendments in the Ramseyer format.

District 3 Esther Kia’aina said she would host a town hall meeting on November 10. But it would be only on the Agricultural section.

If we watch the Bill 10 proceedings video here, we will note that ONLY amendments that were submitted by ONLY the City Council members were accepted or not accepted by the Council Planning Chair. Other various suggestions and concerns by the public appear to be lost in the pile of oral and written testimonies.

Inevitably, there is a whole lot of reading. Contrary to what the Chair may say, there are a lot of substantial changes to the Land Use Ordinances (LUO). It’s not just an update.

Add to this commotion is the public mistrust that this omnibus Bill is so huge that there may be changes slipped into the documents. The contents are also complicated and technical. This is not a bill to ban fireworks. This is a bill on how the city will control and regulate the lifestyle and communities of Oahu. The public is wary that does not have the time or resources to comb through it line by line.

Here is the reading list.

Approved Versions

Proposed Drafts

Related Communications

  •  CC-230(22) – ELEFANTE – Bill 10 (2022) Relating to Use Regulations.
  •  CC-237(22) – TUPOLA – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-241(22) – WATERS – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-249(22) – ELEFANTE – Proposed additional amendments to Bill 10 (2022).
  •  CC-250(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
  •  CC-268(22) – ELEFANTE – Bill 10 CD1 (2022), Relating to Use Regulations.
  •  CC-273(22) – TUPOLA – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-274(22) – KIAʻĀINA – Bill 10 CD2 (2022), Relating to Use Regulations.
  •  CC-275(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-276(22) – CORDERO – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-280(22) – TSUNEYOSHI – Proposed amendments to Bill 10 (2022), CD1.
  •  CC-281(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-286(22) – ELEFANTE – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-295(22) – SAY – Proposed Amendments to Bill 10 (2022), CD1.
  •  CC-296(22) – ELEFANTE – Proposed additional amendments to Bill 10, CD1 (2022).
  •  CC-297(22) – ELEFANTE – Disclosure of Interest Statement on Bill 10 (22), CD1. File
  •  CC-298(22) – ELEFANTE – Disclosure of Interest Statement on Bill 10 (22), CD1. File
  •  CC-305(22) – ELEFANTE – Bill 10 CD2 (2022), Relating to Use Regulations.
  •  CC-309(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD2.
  •  CC-310(22) – TUPOLA – Proposed amendments to Bill 10 (2022), CD2.
  •  CC-311(22) – ELEFANTE – Proposed Additional Amendments to BILL 10, CD1 (2022).
  •  CC-313(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD2
  •  CC-314(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (22), CD1. FILE
  •  CC-315(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (22), CD1. FILE
  •  CC-316(22) – ELEFANTE – Zoning and Planning Chair’s Recommendations on Proposed Additional Amendments to BILL 10, CD2 (2022).
  •  CC-319(22) – TUPOLA – United States Court of Appeals Opinion 47.
  •  CC-320(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
  •  CC-321(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
  •  D-0074(22) – PLANNING COMMISSION – Draft Bill to Request Amendments to Chapter 21, Revised Ordinances of Honolulu (ROH), 1990 Land Use Ordinance (LUO), Relating to Use Regulations.
  •  D-0127(22) – PLANNING AND PERMITTING – Request for Extension of Time for Processing Bill 10 (2022) Relating to Use Regulations.
  •  D-0130(22) – PLANNING AND PERMITTING – Testimony in Support of Bill 10 (2022) Relating to Use Regulations.
  •  D-0269(22) – PLANNING AND PERMITTING – Additional summary information for Bill 10 (2022).
  •  D-0273(22) – Presentation on Bill 10 (2022) for 04/21/22 Zoning and Planning meeting.
  •  D-0532(22) – KAILUA NEIGHBORHOOD BOARD NO. 31 – Recommendations Pertaining to the Proposed Land Use Ordinance (LUO) Chapter 21 Changes Proposed by Bill 10 (2022) for the July 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting..
  •  D-0576(22) – PLANNING AND PERMITTING – Departmental Response to Proposed Amendments in Bill 10, CD1 (2022) Relating to Use Regulations Chapter 21, Revised Ordinances of Honolulu Land Use Ordinance (LUO).
  •  D-0583(22) – PLANNING AND PERMITTING – Departmental Response to Councilmember Questions Bill 10, CD1 (2022) Relating to Use Regulations In the B-1 and B-2 Business Districts, Chapter 21, Revised Ordinances of Honolulu – Land Use Ordinance (LUO)
  •  D-0622(22) – PLANNING AND PERMITTING – Presentation on briefing item #10 for the August 25, 2022 @ 09:00 AM Zoning And Planning meeting.
  •  D-0658(22) – PLANNING AND PERMITTING – Request for Second Extension of Time for Processing Bill 10 (2022) Relating to Use Regulations.
  •  D-0699(22) – PLANNING AND PERMITTING – Response to questions from the Committee on Zoning and Planning Special Meeting on September 26, 2022.
  •  MM-162(22) – CLIMATE CHANGE, SUSTAINABILITY AND RESILIENCY – Bill 10 (2022), CD1 Relating to Use Regulations.
  •  M-0058(22) – Testimony on BILL010(22) for Feb 23, 2022 @ 10:00 AM Council Meeting.
  •  M-0069(22) – Testimony on BILL010(22) for March 3, 2022 @ 09:00 AM Zoning and Planning Meeting.
  •  M-0156(22) – Testimony on BILL010(22) for Apr 21, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0280(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0286(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0324(22) – Testimony on BILL010(22) for Aug 25, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0339(22) – HAWAII STATE ENERGY OFFICE – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
  •  M-0346(22) – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
  •  M-0351(22) – Testimony on Bill 10 (2022) for 08/25/22 @ 9:00 AM Zoning and Planning meeting.
  •  M-0370(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM Council Meeting.
  •  M-0373(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM COUNCIL Meeting.
  •  M-0387(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting
  •  M-0411(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting.
  •  M-0417(22) – Testimony on BILL010(22) for Sep 26, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0450(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
  •  M-0460(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.

Free Press and Free Speech aren’t so free

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Many news media now have paywall to support themselves. But this prevents the public from reading the news. Even then, those with no paywall are imposing their own leanings with censorship in the Public Square.

I’m selecting CIVIL BEAT (CB) because I’m familiar with it. I like Civil Beat focusing on public affairs. CB used to have a reporter stationed at City Council hearings along with Star Advertiser. Today, City Hall has no such coverage. Veteran Star Advertiser reporter Gordon Pang has left too.

Civil Beat has accomplished much to the Public Square dialogue. It has provided the public with much useful governmental information that should have been in the open public domain in the first place. CB has produced many outstanding and in-depth articles and outreach.

Civil Beat has stated that it has liberal progressive leanings. Somehow, CB has particularly also targeted a couple of politicians more than usual – Tulsi Gabbard and recently Kai Kahele. Other politicians appear to have gotten off with much less scrutiny. More on this later.

Another area that I’m becoming very concerned about is the censorship on comments. This contradicts the free speech and open dialogue that Civil Beat is trying to promote.

More and more residents have complained on social media and other circles that their comments were censored. Many do not participate any more.

I myself have countered many posts censorship even when I don’t threaten or bully or use swear words. I even use my real name and not a pseudonym. I feel compelled to participate because I want to support Free Speech.

I also like to question and/or provide different perceptions or analysis to the public dialogue.

Let’s use this CB article as an example:

On October 21, 2022, I submitted my comments and questions hours prior to my write-up here. But so far my comments have not been accepted even though I posted after “Kana_Hawaii“. Other comments AFTER Kana-Hawaii have been posted. not mine. This is not the first time my comments have been censored.

Below are screenshots of newer comments that have been posted to this same article. Doesn’t it look like my comments have been censored again?

Reference:

About Civil Beat ( Excerpts): Honolulu Civil Beat is a 501(c)3 tax-exempt news organization dedicated to cultivating an informed body of citizens, all striving to make Hawaii a better place to live. We achieve this through investigative and watchdog journalism, in-depth enterprise reporting, analysis and commentary that gives readers a broad view on issues of importance to our community.

Entrepreneur and philanthropist Pierre Omidyar launched Civil Beat in 2010 as a local digital platform that looks beyond traditional print and television media approaches. To expand our reach so that more people in Hawaii have access to the information they need, Civil Beat removed its paywall in June 2016 and transitioned to 501(c)3 nonprofit status. We are members of the Institute for Nonprofit News, a coalition of more than 300 nonprofit newsrooms across the U.S.

Our goal is to challenge our leaders to do better. We are the watchdogs of the public’s trust and we take seriously the mission to educate our citizens on important public issues.

Our long-term goal is to produce journalism with a purpose, to stimulate positive change. We do not align with political or special interest groups and adhere to the strictest journalistic standards and ethics. Generally, we follow the guidelines set out by the Society of Professional Journalists in its ethics code as well as more general news practices outlined by the Associated Press. You can find our policy on anonymous sources here and our policy on corrections here.

We believe news is a public asset and that Civil Beat can and should be a good community partner, not just an arms-length observer recounting news of the day. We have a stake in this community as much as it has a stake in us.

Honolulu City Ordinance 22-7 Vacation Rental Rules faces Preliminary Injunction from US District Court

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It has been nearly six months since Mayor Rick Blangiardi signed Bill 41 that was adopted by the Honolulu City Council on April 13, 2022.

The Blangiardi Administration is supposed to lay out the new Rules and Regulations from Bill 41, now known as Ordinance 22-7, on October 23, 2022.

This October 13, 2022 Preliminary Injunction, triggered by Hawaii Short-Term Legal Rentals Alliance (HSTLA) lawsuit in April 2022, forces the city to reconsider its core premises.

At the core of the lawsuit is the 30-day being lengthened to 89-day by the city to control illegal vacation rentals. Note, on the other hand, it’s a known fact that many vacation rental operators were using the 30-day “facade”. Operators were renting to different parties within the 30-day frame. An average vacation rental stay is around 8 days.

There are lots of questions and conversations to be had on this. The first three sentences of US District Judge’s Preliminary Injunction below say it all.

” Residential property owners on O‘ahu have long been able to lawfully rent
their properties to tenants for a minimum of 30 days. That much is undisputed.“

But what about operators who rent to multiple parties during that 30-day duration.You can read the entire Order here.

Despite this Preliminary Injunction, there are still other rules in this new Ordinance 22-7 that the city can enforce. Residents can report violations here.

Corporate Media Censorship in the Public Square

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Where do Free Press and Free Speech fit for all corporate Press media?

This is an article about a possible ethics investigation on Congressman Kai Kahele from Civil Beat This proposed congressional action seems too politically time for elections 2022, considering there are so much compelling questions about other members in Congress. 2022 Gallup Poll has Congress at a 18% job approval from the public.

EXCERPT from Civil Beat:

According to the press release, more information will be released in November when the committee, which is chaired by U.S. Rep. Susan Wild, a Democrat from Pennsylvania, announces its “course of action.”

I thought the above article raises more questions. I submitted my comments. But my comments were censored. It did not have the opportunity to contribute a different perspective to the subject matter.

So far it’s still not approved yet. This is not the only incident. What’s happening to Free Speech and Free Press?

UPDATE: Sunday Morning, October 16, 2022

I experimented again and submit a short version of my comments See Below. This time it was not censored and allowed to be posted.

The question remains. What are the criteria for censorship? Other negative comments were allowed to be posted against Congressman Kai Kahele. However, my comments about “ but this nail that sticks out is obviously an irritation that has to be pounded back into status quo” was censored.