Tag Archives: Honolulu

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

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.

Singapore is World’s #1 for best roads

Read the excerpt below and my personal story while in Singapore.

” By now, it should not come as a surprise that Singapore typically crushes the competition in many world rankings.

And so it did, in a recent list of best roads around the world, where Singapore came in — you guessed it — first.

Iscored 9.44 over 10 points in terms of its road quality in a global study by Zutobi, which also took into account the number of road deaths and the relative size of the road network.”

I was visiting Singapore for about a month. My father’s grave was being reinterred from the Choa Chu Kang Cemetery that was supposedly for the expansion of the Tengah Airbase.

I had left Singapore in 1975 and felt like I needed to show support to my family who had always taken care of family affairs.

During the entire month that I was in Singapore, I travelled all over the island. We travelled on roads, highways, alley ways, and side streets.

There was not a single pothole encountered during my stay in Singapore.

We finally landed home in Oahu. As the airplane was taxi-ing to the terminal at the Honolulu International airport, the announcement came from the pilot came on:

Ladies and Gentlemen, we apologize. There will be a 2-minute delay as there is a pot-hole in front of us. The plane is being towed to the terminal.”

My husband and I looked at each other and laughed upon hearing that announcement.

Welcome back to Hawaii!

Land of the potholes, even on the airport grounds.

Elections 2022: Honolulu City Charter Amendments

Here they are. What do you think? What are the multiplier impacts of these changes? Will it improve the issue? Who will it benefit? Is it needed? How much would it cost?

Charter Question #1. Shall the Revised City Charter be amended to increase the mandatory percentage of the City’s estimated real property tax revenues to be appropriated annually for deposit into the Affordable Housing Fund from one-half of one percent to one percent?

Charter Question #2. Shall the Revised City Charter be amended to require that the Planning Commission have at least one member with substantial experience or expertise in one of the following categories of disciplines, that each of the categories be represented by a different member, and that all of the categories are represented on the commission:

Charter Question #3. Shall the Revised City Charter be amended to expand the permitted use of funds in the Clean Water and Natural Lands Fund to include funding for costs related to the operation, maintenance, and management of lands acquired by way of this Fund that are necessary to protect, maintain, or restore resources at risk on these lands, such as infrastructure, environmental remediation, or improvements to provide for public access and use?

Charter Question #4. Shall the Revised City Charter be amended to update the provisions pertaining to the Office of Council Services (“OCS”), the research and drafting arm of the Council, to reflect its current functions; consolidate various provisions relating to the OCS in a separate Chapter of the Revised Charter like its fellow Legislative Branch agencies, the Office of the City Clerk and Office of the City Auditor, provide for the appointment, salary, and duties of the OCS director; and expressly recognize the authority of the licensed attorneys in the OCS to provide legal advice to the City Council and its members?

The full text of these amendments are available for review. Visit honoluluelections.us.

Omnibus Bill 10 (22) Proposed Amendments – What is Transfer of Development?

Bill 10 was introduced for First Reading on February 23, 2022 Agenda on page 15. Relating to use regulations. (Addressing the regulation of
uses throughout Chapter 21, Revised Ordinances of
Honolulu 1990 (“Land Use Ordinance”).

The proposed amendments are far-reaching. But it’s a very technical piece of document that covers 239 pages. Bill 10 (22) includes the following:

BILL 10 (2022)
RELATING TO USE REGULATIONS.
PART I. BRIEF SUMMARY BY SUBJECT MATTER

  1. Transfer of development. The agreement running with the land for all donor and
    receiving zoning lots must remain in effect for a minimum of 60 years (instead of
    30 years). Clarifies that for the transfer of development (floor area only) from a
    donor zoning lot with a historic site to a receiving zoning lot, or for the transfer of
    development (floor area or number of dwelling units only) from a donor zoning lot
    within the special management area to a receiving zoning lot, all other
    requirements and standards applicable to the receiving zoning lot and its
    underlying zoning district remain in effect.

What is the above proposed LUO amendment about?

Is the longer version below of “Transfer of development” easier to understand for the public?

Bill 10 (22) Monster Omnibus Bill at Honolulu City Council is a well-kept secret to the public at large

Relating to ” Request for Amendments to Chapter 21, Revised Ordinances of
Honolulu (ROH), 1990 Land Use Ordinance (LUO), Relating to
Use Regulations”

This Monster Bill 10 at 239 pages has been been in the working since the days of Mayor Kirk Caldwell. DPP Katia.Balassiano said that she also responded to questions at the Honolulu City Council Hearing on September 7, 2022.

But it hasn’t been our case.

We heard about the proposed changes to the City’s LUO being alluded to at the March 17, 2021 Planning Commission Hearing, I personally emailed DPP Katia.Balassiano on March 18, 2021 and did not received any response.

March 18, 2021

Choon James <choonjameshawaii@gmail.com>Mar 18, 2021, 3:11 PM
to Katia.Balassiano,

 Aloha Katia,
I was at the Planning Commission Hearing yesterday. I heard your presentation premises about the industrial turbines distance setbacks, of which many of us don’t agree with.
On a side note, you also mentioned that you were currently reviewing Oahu’s zoning designations as requested by the City Council.
Could you kindly share with us that Resolution or Bill or communications to point us to the primary source.
It would be very helpful to us as we’re just unpaid concerned citizens of Oahu.
Mahalo!
Choon James

293 8888

April 22, 2021 – I emailed again but no response from Katia.Balassiano again.

Choon James <choonjameshawaii@gmail.com>Apr 22, 2021, 2:12 PM
to Katia.Balassiano

Aloha Katia,
I’m trying to trace your presentation dialogue.Did you recall saying this? Any more info will behelpful.
“On a side note, you also mentioned that you were currently reviewing Oahu’s zoning designationsas requested by the City Council.
Could you kindly share with us that Resolution or Bill or communications to point us to the primary source.”
Mahalo, Choon James

January 21, 2022

Two concurrent DEPT. COM 74 about Request for Amendments to Chapter 21 was sent to Tommy Waters, Honolulu City Council Chair. from the Blangiardi Administration and the Planning Commission.

It stated that the Planning Commission had their public hearings on November 24, 2021 and January 18, 2022 on the subject matter. It also stated that the public hearing hearing was closed on January 18, 2022.

Our bad. The first meeting was so close to Thanksgiving. And the second meeting was right after Christmas and New Year’s Day. I don’t usually keep track of the Planning Commission Hearings. I wonder who does.

One may wonder why this Monster Bill 10 did not begin at the Honolulu City Council first where there would be more public notice.

If the Mayor’s Request starts at the Planning Commission, the approval vote from the Honolulu City Council is 5 majority votes. However, if the request begins at the Honolulu City Council, the approval majority is 6 votes.

Mayor Kirk Caldwell use this same procedure for the Vacation Rental Bills.

Further reading into the beginnings of this Monster Bill 10 shows the intent and its organized procedure inside Honolulu Hale and at DPP.

I can’t see concerned citizens being easily able to track this Omnibus Monster Bill on their own outside of Honolulu Hale and the Planning Commission without some friendly assistance. Every City Council Hearing is also usually packed with many items.

Is there a way to be more public friendly and more helpful in informing the public?

More to come.

Elections 2022: Hawaii now has an entrenched Oligarchy that usurps democracy and public interest

Do you agree with this statement? Who and what groups and organizations are part of this Oligarchy?

Corporate Media? Industry unions? Healthcare? Insurance? Legal? Finance? Banking? Lobbyists? Consultants? Billionaires? Politicians? Mercenary Electioneering Experts? Fortune 500 corporations?

Elections 2022: The public deserves truth & honesty in political advertisements

Manipulating the social media has become an art form. I’m going to choose one television ad which is airing relentlessly on corporate TV programs here in Hawaii. These ads are very expensive to run. Obviously, only candidates with a big campaign money chest can afford this.

I will choose this one that touches Hawaii’s ongoing problems with housing. Watch this first – Green’s political ad about “affordable housing” problems.

Lt. Gov. Green’s huge promise is this: “Under no circumstances should any one have to leave Hawaii because they cannot afford a home.”

It’s truly very sad for sure. Billions of dollars have been allocated for housing through the years. Green has been at the State Capitol for 18 years.

Is Green exploiting the plight of residents?

How is Green going to promise a home for every one? He already owes so much to the construction corporations and lobbyists.

Let’s critique this for the sake of conversation and questioning political ads. Decide whether the candidate is honest about this housing issue.

We will critique the cinematography in this 30-seconds political ad.

Cinematography, the art and technology of motion-picture photography. It involves such techniques as the general composition of a scene; the lighting of the set or location; the choice of cameras, lenses, filters, and film stock; the camera angle and movements; and the integration of any special effects.

GREEN: “We have a housing crisis in the state of Hawaii, and I have a plan to do something about it. I will make historic investments to build affordable homes for working families so they can stay in Hawaii.”

Stage 1 – This campaign ad has chosen a good-looking couple with a child living in a small unit. They are saying it is very sad that they cannot afford to live in Hawaii.

The video moves to construction workers. There is an insert to lead you to his campaign website.

Another insert of action and activity. And again leading the viewers to Green’s campaign website.

The camera angle is now focused on the young mother’s sad face.

The camera angle moves to a close-up to show tears welling in this young mother’s eyes.

The camera then pulls a distance shot. Note the women are dressed in aloha mu’u mu’u wear. There are people of different ages and races.

This video ends with LG Green promising: “Under no circumstances should any one have to leave Hawaii because they cannot afford a home.”

Is Green manipulating and exploiting the plight and worries of our residents?

Are you moved to vote for him?

  • It’s just as interesting to read the comments in his Facebook page. The first comment is from a Top fan:
  • Top fan Peter Young This is a powerful commercial… congratulations. This is the true Josh Green… honest and caring!
    • Like
    • Reply
    • 1w
  • Rico Dsvisthe young pope GIFGIPHY
    • Like
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    • 1w
  • Eberhart Hani What does this mean? You would have to build massive public housing blocs to make even the smallest dent. Is there a way to reduce the cost of building a new house? Can we go back to the single wall construction method of the past? So many of those houses are still standing and being enjoyed after decades of use since the sugar industry days. Would it be better to invest in and import lumber on a large scale? What about fast-tracking ADU’s? What about promoting tiny houses, container houses and yurts? What IS your plan?
    • Like
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    • 1w
  • David Gilliland The attack on you yesterday was pure political BS you did a brilliantly job as LTG and have both mine and my wife’s vote – GO GREEN!
    • Like
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    • 1w
  • Ann T. Tutu Going back to the days 30 years ago when there was some government support for small time landlords would be a great improvement because right now as it is with the landlord squatter’s code, There is absolutely no help whatsoever for the poor landlord who’s getting ripped off by a tenant who never pays anything. They know the system and it costs the landlord thousands of dollars to get rid of them and get some income coming again from me from the rental house. Frankly I’m tired of the government building the houses for the homeless let’s go back to the time when things were fair for landlords too.
    • Like
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    • 1w

Resolution 22-11 to Seize Private Property Through Eminent Domain – The Imbalance

I’m going to be following this Resolution 22-11 introduced by District 2 City Councilmember Heidi Tsuneyoshi and sharing my misgivings about this flawed process.

The February 23, 2022 Hearing was the second time Mr. Hopoate Taufa had participated at the Honolulu City Council proceedings. Watching the proceedings was quite chilling – an unsophisticated immigrant versus a smooth-talking politician who had no qualms engaging in disinformation.

The public testimony was conducted at the beginning of the council hearing. Local resident Ben Martin of Ko’olauloa of fifty years also opposed the Resolution. He has known Owner Taufa for thirty years. Perhaps his was sharpest rebuke against Tsuneyoshi’s actions:

Judicial Foreclosure is drastic. It should be the last resort. And it should not be a way to resolve a problem. Miss Heidi Tsuneyoshi is the protagonist representing the complainants. I’m an attorney by profession. And she’s representing the complainants assuming like they are the victims. But also Pate is a victim of the DPP for the long delays of approving and helping him comply. “

Should the council member be objective and fair to all parties involved? She’s holding a public office and supported by all taxpayers of Oahu.

Martin highlighted the strikes against Owner Taufa. Although Tsuneyoshi should represent ALL of her constituents in solving a community problem, her actions showed her intentions to punish him with the biggest stick the city had – eminent domain.

This is not to say that neighbors cannot complain. Neighbors have the right to complain and address their concerns. Owner Taufa needs to fix his violations and be a good neighbor.

But a city council Resolution to seize private property through eminent domain is a drastic measure that requires careful study of over-arching issues and correct data. Based on my observations, there had been insufficient vetting done prior to this action being adopted.

To make this situation worse, Tsuneyoshi just announced that she was running for Republican nomination for Governor. Her platform – “servant leader,” “her love for the people of Hawaii,” “transparency and accountability in government,” contradicts her actions with her Resolution 22-11.

Tsuneyoshi did not think it was important to do an outreach to this immigrant family. Something as drastic as seizing private property requires a basic courtesy outreach to her constituents.

Tsuneyoshi did not even inform Owner Taufa of the Executive Matters and Legal Affairs (EMLA) Committee Meeting on February 8, 2022. It was the EMLA Chair Tupola from another District who offered that courtesy to Owner Taufa.

The video of the EMLA meeting showed Tsuneyoshi asking for a recess when Tupola announced that Owner Taufa would be coming online to explain himself.

Tsuneyoshi called for a quick recess upon hearing that. Why? Insiders said Tsuneyoshi was upset with the EMLA Chair that she was not told this ( getting Taufa online) was going to happen.

So, was Tsuneyoshi’s strategy to push through this Resolution 22-11 for Eminent Domain under the radar? Note there was no testimony at the EMLA Committee on February 8, 2022.

Resolution 22-011: STRONGLY OPPOSE – This Process is Too Hasty and Flawed For Adoption

Honolulu City Council member Heidi Tsuneyoshi is rushing city legislation Resolution 22-011 for the Mayor and the Department of Planning and Permitting ( DPP) to impose “Judicial Foreclosure” on this private property owner. ( It started out as “eminent domain” but was quickly amended to “Judicial Foreclosure”).

I understand there are land-use violations by the owners. Yes, the owner must correct the violations. There is no question about that. Those who know also know that working with DPP takes time.

We need to remember that these past two years also suffered from COVID19 lockdowns and disruption. He has submitted applications to cure his violations. He’s been working with a hired engineer and an architect to cure the violations. Again, these actions take significant time. Processing permits takes time even before the COVID19 pandemic.

But if DPP is told to not issue him permits to cure his violations, it’s a Catch 22. It’s discrimination and retaliation. It’s Big Government wielding its Big Stick that undermines due process.

This is a hardworking immigrant owner from the Island of Tonga. I submit that the cultural differences and lack of understanding need to be part of the deliberations. I’ve recently talked with Hopoate and Annetta Taufa. They did not recognize or understand the severity of these hostile actions till just recently. So now they’re fighting for their land. Unfortunately, Annetta is also fighting literally for her life. She’s under hospice care in their home in Laie.

It’s wrong for Tsuneyoshi to push eminent domain or judicial foreclosure quickly on a small private property. Her actions are abusive and undermine private property rights. Tsuneyoshi has accused the owner of violating for five years to the other city council members and to the Honolulu Star Advertiser with a readership of about 147,959 weekdays 162,287 Sundays. But, the owners acquired this property on November 2019. That’s 2.5 years.

This private property taking is off to hostile and unfair start. Resolutions to seize private property must be carefully and correctly vetted with correct data and correct research. City Council members should be working with their constituents when they’re in trouble, not bully them with severe punishments so quickly. Our immigrant families may need extra help on many levels. Understanding Hawaii’s diversity and showing some compassion is in order, especially for legislators

Choon James: Status for SB 1357 to fine motorists with flags.

SECTION 1. The legislature finds that flags flown from vehicles being operated or moved on streets cause distractions and create unsafe driving conditions. The purpose of this Act is to discourage unsafe practices.

This Bill was DEFERRED to Tuesday February 8, 2022 for the 3:05PM AGENDA. SB 1357 to prohibit flags display on vehicles on roads, etc. SCROLL TO 1:30 to hear the status: https://www.youtube.com/watch?v=Y_Puas70MFA

We can’t have government incrementally shutting down Free Speech and Civic Participation. Although the State Capitol is one of the most ventilated buildings in Honolulu, it’s still closed to the public. The public cannot hold signs inside its meeting places. And now this shutting down of flags flying.

The Senate Transportation Committee Chair Chris Lee said yesterday that the intent of Bill 1357 was not to infringe on First Amendment Rights. The State Department of Transportation (DOT) submitted an unsigned testimony that it had received “numerous complaints and inquiries from the public about flags and other materials that impair the visibility of other drivers on the road. As such, we support all efforts to eliminate these unnecessary distractions.”

I wonder if DOT also received complaints and enquires about other traffic concerns.

Bill 1357 is not compelling enough except to shut down displays of discontent and public dissension. We must protect Free Speech at all costs.

There are lots of distractions and unsafe driving conditions on the road – Loose dogs. Drunk driving. Driving in opposite directions. Tourist trolleys. Huge vehicles blocking our view planes. Sign Waving. Display of huge banners on buildings along roads and so on.

The item that is most distracting and affecting road safety is the POTHOLES!!

We’re forced to keep our eyes down on the road to avoid the potholes which are EVERYWHERE. Our tires blow out. Cars swerve to try to miss the potholes on busy streets. The underbelly of the vehicles are damaged. POTHOLES are the most dangerous and most distracting.

Hundreds of millions of dollars are spent but our roads have become more and more dangerous. We would like the Hawaii Senate to focus on this huge distraction. It’s time to require a warranty on the road roadwork and so on to promote road safety.

It’s ridiculous that every time it rains, more potholes appear. There is no reason why the state cannot expect basic workmanship for the hundreds of millions that are spent annually.

Please terminate SB 1357 – It’s treacherous to free speech and an open democracy. Focus on the real traffic safety and driving conditions.