Kaimana Beach Coalition Comments on the Draft EIS

December 26, 2018

COMMENTS OF KAIMANA BEACH COALITION AND JAMES J. BICKERTON
ON DRAFT EIS FOR PROPOSED PROJECT AT
WAIKIKI WAR MEMORIAL NATATORIUM

 

In my capacity as attorney for Kaimana Beach Coalition (“KBC”) submitting these comments in its behalf, and also in my own individual capacity, I James J. Bickerton, hereby these public comments on the Draft Environmental Impact Statement for the Waikiki War Memorial Complex concerning the War Memorial Beach option, as described in the DEIS (“beach option”), which KBC strongly supports, as well as the proposed action of the City and County of Honolulu with a 2500 seat stadium attached to a perimeter deck (“the stadium & deck option”), which KBC opposes. These comments are submitted in conformance with the requirements of chapter 343, Hawaii Revised Statutes, and chapter 11-200, Hawaii Administrative Rules.

BACKGROUND INFORMATION

KBC is an unincorporated community organization. KBC and its members have direct, substantial interests in the natural resources of the shoreline area proposed for the beach and stadium & deck options which are distinguishable from those of the general public. Established by Honolulu residents in 1990, KBC seeks to protect the area from commercialization and environmental degradation for present and future generations. KBC members live, work, and recreate in and around the shoreline area and rely on, use, or seek to use these resources for a host of uses related to ocean and beach recreation, including but not limited to swimming, snorkeling, surfing, sunbathing, and other forms of recreation, as well as aesthetic enjoyment. Sierra Club v. DOT, 115 Haw. 299 (Haw. 2007). Further, KBC and its members believe that the stadium & deck option will bring commercialization and environmental degradation to the shoreline area, and that CCH’s failure to follow through on its stated commitment to pursue the beach option will meaningfully harm the interests of KBC and its members.

James J. Bickerton is not only the attorney for KBC but is also an individual recreational user of Kaimana Beach, who has used the public parking, public beach access and public shoreline at Kaimana Beach for over 40 years, who continues to use it on a regular basis, and who expects that he and his children and their children will use it in the future for those purposes. Thus, in addition to submitting them on behalf of KBC, James J. Bickerton also submits these comments as his own individual comments.

INCORPORATION OF PRIOR COMMENTS

These comments incorporate by reference prior comments made KBC and its members and representatives in the Chapter 343 process for this matter. This includes, but is not necessarily limited to, the e-mail comments on the Final Environmental Assessment/EIS Preparation Notice submitted by KBC (Rick Bernstein) dated June 4, 2014, comments provided by KBC (Rick Bernstein and Jim Bickerton) as reflected in the “HRS 6E Focus Group Meeting Summary” dated June 27, 2016, and KBC information provided pursuant to and reflected in the Oct. 2018 Waikiki War Memorial Complex Cultural Impact Assessment.

EIS ADEQUACY

Based upon an initial review, it appears that the DEIS fails to adequately assess the environmental impacts of the stadium & deck option for purposes of compliance with Chapter 343. The DEIS must set forth sufficient information to enable the decision maker to make a reasoned decision after balancing harms and benefits and to make a reasoned choice among alternatives. Life of Land v. Ariyoshi, 59 Haw. 156 (Haw. 1978); Price v. Obayashi State Corp., 81 Haw. 171 (Haw. 1996). Acceptance by the accepting agency requires a formal determination that the DEIS adequately describes identifiable environmental impacts, and satisfactorily responds to comments received during the review of the statement. Haw. Rev. Stat. § 343-2.

ANALYSIS OF ACTUAL FUNCTION OF EACH PROPOSAL

Any environmental impact statement cannot only weigh the cost of its construction or the environmental impacts of its initial development alone. Instead, the actual function of the project and the uses to which is designed to be put must be analyzed. The stadium & deck option is the restoration of a 2500 seat stadium adjacent to a contained body of water (sea surface waves and swell are reduced or eliminated by the enclosure) bordered by a pool deck. In such a project one cannot focus solely on the pool function, but must also focus on the function of the stadium bleachers and the large number of seats they provide. If each facility is used in accordance with its designed function, then without a doubt, the 2500 seat bleachers will have a significantly different effect on the environment than the public beach park and sandy shoreline that is entailed in the beach option. The DEIS does not analyze how choosing a 2500 seat stadium as the design option will have different impacts on traffic, parking and public shoreline access than the beach option. Yet such an analysis must be central to any proper DEIS. This failing is even worse than we saw in the Superferry case, where the project proponents focused solely on the immediate physical effects of construction, rather than on the intended use and function of the ferry system and thus the environmental impacts that would follow long term from implementing a ferry system. [1]

If the bleachers are merely intended for decoration and will not be used for their designed function, there should be analysis of whether it is consistent with Chapter 343 to propose and construct a large 100-meter edifice on the shoreline that is simply to be looked at.

SEA LEVEL RISE

The DEIS fails to adequately assess sea level rise. The DEIS identifies SLR as an “unresolved issue.” DEIS at 6-2. The DEIS does not adequately discuss capital costs. The DEIS states that the capital cost for construction of the stadium & deck option “does not include structural adjustments for SLR.” DEIS at 3-23. Nor does the DEIS adequately discuss physical destruction of the Natatorium from SLR. The DEIS states only that SLR could increase to 3.2 feet by 2060 and “overtopping of the makai side of the pool would become more frequent, likely increasing the rate of damage to the structure.” DEIS at 4-49. In addition, the discussion of SLR impacts in the DEIS does not appear to comply with CCH’s “Sea Level Rise Guidance” (June 5, 2018). Recommendations under this guidance direct all CCH departments and agencies to use 3.2 feet of SLR in capital improvement decisions.

DOH POOL RULES

It also has some side effects as well. free tadalafil When you are searching for a drug that claims cialis soft 20mg to have little promotional activities. After running to the doctor’s office, taking the bunch of the tests you were told discount bulk viagra that you have biliary dyskinesia. “Biliary” means it is related to the bile, “dys” means abnormal and “kinesia” means movement. The severity of Erectile dysfunction There are numerous causes of ED like lack of blood flow in the penis. viagra australia no prescription http://greyandgrey.com/wp-content/uploads/2018/07/Logan.pdf The DEIS fails to adequately assess this issue. The stadium & deck option creates a “swimming pool” within the meaning of the pool rules. Under section 11-10-2, Hawaii Administrative Rules, “Swimming pool” means “any man-made enclosure, structure, basin, chamber, or tank containing an artificial body of water that is used for swimming, diving, or recreational bathing or therapy by humans.” The stadium & deck option creates a “man-made enclosure” that is used for “swimming, diving, or recreational bathing or therapy by humans.” The body of water is “artificial” and “contained” because the open ocean is “natural,” and the enclosure separates and divides the artificial pool from the natural open ocean waters, restricting the normal movement of waves and swells. Thus, the stadium & deck option must comply with the “public saltwater specialty swimming pool” rules to protect public health and safety. The DEIS contains meeting minutes and correspondence in Appendix A involving the Department of Health related to this matter. These documents fail to provide a sufficiently detailed discussion of the factual or legal basis for this conclusion. In addition, a Circuit Court judge previously ruled that similar pool restoration plans constituted a swimming pool subject to Department of Health regulation. DEIS at 3-22. The DEIS does not adequately address whether and to what extent the court’s rationale applies equally to the stadium & deck option.

COMMERCIAL ACTIVITIES

The stadium & deck option appears likely to foster commercial activities at the Natatorium. The DEIS fails to adequately assess the environmental impacts from commercial activities. The DEIS contains brief references to potential “income producing ventures” and events at the site, use of “floating docks” for “concerts,” and the potential for user or entrance fees. DEIS at 1-10 to 1-11. The DEIS fails to assess the environmental impacts from these and other anticipated commercial activities. For example, the DEIS asserts there would be no significant impact to transportation from the stadium & deck option. DEIS at 4-25. The validity of this determination cannot be known absent assessment of impacts from commercial activities. Similarly, the DEIS asserts there would be no significant noise impact from the stadium & deck option. DEIS at 4-29. This also cannot be known without assessing noise impacts from commercial activities. In addition, the DEIS also appears to improperly segment environmental review of the stadium & deck option from environmental review of the commercial activities that will come with the stadium & deck option. Haw. Admin. Rules § 11-200-7. It is no response to state that “plans have not yet been made for activities’ or “we don’t yet know what shape the activities will take.” Any project must have a proposed function. If the developers are too coy to state it (and even if they are not), any proper analysis must, as noted above, look at the capacity and capabilities of the design of each project and assume that those capacities will be used. Where a project’s main physical bulk is a 2500-seat stadium, it must be assumed that it will be used as a stadium.

WATER QUALITY

The DEIS appears to omit any discussion of either the impact on water quality of (1) the construction of the stadium and deck option or (2) the ongoing use of the facility as a public swimming venue. As to (1) it appears that there are nearly 100 years of anaerobic sedimentary silt on the bottom of the Natatorium and that the stadium and deck option contemplates that numerous piles will be driven into this sediment. There is no analysis of the impact of this construction activity on water quality in Waikiki or its impact on the adjacent marine habitat (which include intake waters for the Waikiki Aquarium).

As to (2) there is no analysis in the DEIS of the health impacts from bacteria-caused staph infections associated with use of the pool created by the stadium & deck option. The DEIS concludes that the stadium & deck option will cause beach closures due to sediment escaping the pool. Use of the pool will also cause increased turbidity and reduced water quality in the pool. DEIS at 4-60. The DEIS fails to adequately assess the risk to human health and safety from the sediment. In Carreira v. Territory, 40 Haw. 513 (1954), parents filed suit against the government for the drowning death of their son at the Natatorium.[2] The court noted that “it was impossible to see the bottom of the pool because the silt of the natural bottom was stirred up by the swimmers.” The DEIS does not assess the likelihood of similar adverse public health impacts from the stadium & deck option.

PUBLIC SHORELINE ACCESS

Each potential use eliminates others. A stadium being used as a stadium will eliminate or significantly reduce parking and beach access for users who wish to use the shoreline recreationally both at the Natatorium itself and in immediately available shoreline access areas.   The stadium and deck option appears to have a main entrance and gate, with the bleachers serving as a barrier to shoreline access; access to the shoreline will be only through the narrow portal, if it is open. The DEIS has no analysis of the hours of operation of this facility and whether it will be open to the pubic for recreational use for all the same hours and all the same days as other adjacent shoreline areas, and fails to analyze the impact on public shoreline access of restoring rather than removing a large physical barrier to shoreline access. Chapter 343 and Chapters 205 and 205A all require analysis of these issues.

Moreover, the DEIS fails to properly or correctly weigh the value of a public beach and the concomitant public access to the shoreline that it provides, particularly given that the City has granted building permits for thousands of condominiums adjacent to the other heavily-used by local residents recreational shoreline in Honolulu — Ala Moana Park ­­– thus already congesting and limiting local residents’ access to and use of the public shoreline in that area. The DEIS does not analyze how much shoreline access is being reduced in Honolulu already, even as population numbers increase, and thus fail completely to properly weight the impact of the stadium and deck option against a public beach option in terms of the impact on shoreline access for Honolulu residents.

MAINTENANCE ISSUES

The stadium and deck option describes a system of mesh or grids that would limit larger marine lifeforms entering the Natatorium but permit water exchange. There is no discussion in the DEIS of the technology for such a mesh system, the material it will be made of, whether it will serve as a matrix for the growth of marine organisms, whether there will be cleaning of the growth required and whether that cleaning and maintenance will involve any chemicals being used in the ocean. Given that earlier versions of this project also purported to be open the sea and to exchange water but ultimately failed when marine organisms (seaweed, algae, shellfish, moss, etc.) clogged the exchange openings, it is imperative that the long-term viability of the mesh system, and whether it will stimulate new organism growth and/or require cleaning or chemical treatment, (or will disintegrate and lead to pollution) should all have been considered, weighed and reported on.

EIS QUALITY AND FAIRNESS

An EIS draws its meaning from “the conscientious application of the EIS process as a whole, and shall not be merely a self-serving recitation of benefits and a rationalization of the proposed action.” Haw. Admin. Rules § 11-200-14. The DEIS too often deviates from this standard. For example, the DEIS states that beach option would result in the “permanent loss” of a historical landmark and the “removal” of a memorial. However, the beach option would be named the “War Memorial Beach” and it would retain the memorial stone, plaque and archway (and forego the 2500-seat bleachers). The DEIS also assesses the cost and environmental impacts of the beach option as including, in addition to the beach, the construction of a new administrative office on park land, which could be located not on park land and which could be budgeted separately from the beach option. Similarly, the DEIS ties the beach option to a new parking lot on park land, which also could be located elsewhere.

[1] In the Superferry case, the Hawaii Supreme Court held that “The exemption [from having to prepare an EIS] was erroneously granted as DOT considered only the physical improvements to Kahului harbor in isolation and did not consider the secondary impacts on the environment that may result from the use of the Hawaii Superferry in conjunction with the harbor improvements.” Sierra Club v. DOT, 115 Haw. 299, 343 (2007). While we at least have an EIS here, it is no less defective than an exemption ruling if it similarly fails to conduct the required analysis of secondary impacts from how the project will actually be used.

[2] Interestingly, the Natatorium sits on State land, which is merely under the City’s control because of an executive order by the Governor. The DEIS makes no analysis of whether the City is spending resources on land it does not own and that can be removed from its control with the stroke of pen, nor whether the City will actually have the ownership authority needed to mitigate environmental impacts.

Sincerely,
James J. Bickerton, Esq.

The Kaimana Beach Coalition agrees with Mayor Kirk Caldwell

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Caldwell in April 2013“I’m committed 100 percent to moving forward… we need to do it right, turn over every stone, answer every concern, mitigate any potential impacts, and then move forward with design and construction and funding of this project, so that in the coming years, generations to come, can come here, see the arches, see the pōhaku, and the memorial, and swim on a beautiful new beach on Waikiki.”

Us in December 2018 – The Kaimana Beach Coalition agrees with Mayor Kirk Caldwell that the best plan for the Natatorium is the Memorial Beach Plan. The October 2018 Draft Environmental Impact Statement outlines three plans for consideration – the Beach Plan, Full Restoration, and the new Perimeter Deck Plan.The Beach Plan was fully vetted by the Natatorium Task Force in 2009 and agreed upon by the Governor and Mayor in 2014 as the preferred plan. It would create an open, stable beach with new groins on either side, a new bathroom/shower structure and a rebuilt memorial arch.

The Perimeter Deck Plan is in service of restorationist organizations and intentionally skirts State health and safety rules necessary for public swimming pools – State of Hawaii HAR Title 11, Chapter 10.

The Perimeter Deck Plan is in service of restorationist organizations and intentionally skirts State health and safety rules necessary for public swimming pools – State of Hawaii HAR Title 11, Chapter 10.

We strongly oppose the plan for the following reasons.

  1. The Perimeter Deck Plan calls for using fiberglass reinforced plastic (FRP) grates as walls in place of the existing concrete walls on the makai ocean and ewa Waikiki sides of the pool. We foresee potential health and environmental problems resulting from this untested design. The pool bottom is contaminated with sediment that has been allowed to build up over the past 90 years in this contained structure. By removing the concrete pool walls and replacing them with porous grates, the unmitigated sediment will immediately be affected by ocean currents and will be released into the surrounding ocean and reefs. This is a football field sized pool with black sulfuric sediment as deep as 17 feet below the old diving towers. This silt bomb represents an environmental disaster for the already struggling reefs of Waikiki and will add to the turbidity of the ocean for years to come.
  2. Obviously, the water quality will be murky as a result of the silt. The proponents were aware of this problem and have redefined the Natatorium as a swimming basin instead of a swimming pool, thereby eliminating the need for State health and safety rules regarding water clarity. The rule states that a six inch white disc on the pool bottom be visible from the pool deck, assuring that lifeguards can see swimmers below the surface of the water in case of drowning. Ironically, the word Natatorium means swimming pool. Whether the walls are made of concrete or FRP grates, we contend that they are walls, and the pool is a pool, and need to meet Hawaii public swimming pool rules.
  3. These untested grates could easily pose a danger to swimmers, both inside and outside the Natatorium. These grates will open the pool to the forces of ocean currents and wave surge. The full force of the waves will enter the pool and will be stopped by a retaining wall in front of the Natatorium bleachers. The wave energy will then reflect back out to the ocean, creating a powerful wave force proportionate to the size and velocity of the wave. People or children near the grate could be sucked onto the grate and subject to the forces of an enormous amount of water for an undetermined time. Conversely, any snorkeler on the outside of the pool would be subject to a similar situation. This is a potential drowning scenario. The public needs to know if this plan has been studied and vetted by ocean engineers and if it has been model tested. With due respect, we cannot afford to be cavalier about real health and safety concerns around this pool. The bigger the surf, the bigger the risks.
  4. In his press conference announcing the EIS, Mayor Caldwell stated that the Perimeter Deck Plan will most likely be a public/private partnership. We all know that PPP translates to “commercial venture” for private profit in exchange for up front capital to underwrite construction of a public place.

Hypothetically, the 2,500 seat stadium in the ocean could become the premier sunset cocktail hula show destination on Oahu with huge financial returns. Consider a sunset show in the stadium followed by a luau dinner at the currently operating Diamond Head Luau located steps away at the Waikiki Aquarium.

It seems this plan is a “Hail Mary” attempt to satisfy restorationists who have steadfastly clung to the idea of preserving the past. We would like to see all research regarding model testing for this expensive and potentially dangerous plan of using FRP grates. We contend that the grates serve as “walls” for the pool enclosure, as it prohibits a swimmer’s ability to access the pool from the ocean, and vice versa; therefore indeed the pool is a pool, and subject to Hawaii Department of Health Pool Rules. People’s lives and safety are far more important than yearnings for the good old days.

We oppose the Perimeter Deck Plan because it has the potential to threaten the lives and safety of pool users as well as irreparably polluting the ocean waters and reefs in Waikiki for the foreseeable future. Every surfer, swimmer, snorkeler and ocean lover must weigh in and let Mayor Caldwell know that the silt that has been sitting in the Natatorium for 90 years cannot be allowed to freely pollute the waters of the entire south shore. Public input is valuable in the City’s decision whether to make it a beach or a swimming basin. Your voice matters! If you support a new Memorial Beach, let the Mayor know!

New beach best idea for Natatorium future

The following is a letter to the editor published in the Honolulu Star-Advertiser, August 7, 2016.

In a debate last week, Honolulu mayoral candidates were asked what to do with the Natatorium.

Charles Djou said, “Renovate.”

The city’s estimated cost for a full renovation: $70 million, plus the high ongoing costs of complying with modern anti-MRSA health standards.

Peter Carlisle said keep whatever can be saved, an idea fraught with many problems identified by the blue ribbon Natatorium Task Force in 2009.
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Mayor Kirk Caldwell said he would follow the Natatorium environmental impact statement process, which is testing the task force’s recommendation: create a new memorial beach where the Natatorium now stands. This would involve rebuilding the three memorial arches 50 feet inland, and recreating groins to protect Kaimana and the new beach.

We favor this sensible $17 million plan for its obvious cost-effectiveness, preservation of free, open public shoreline, elimination of maintenance expenses, and two new acres of stable beach.

Rick Bernstein
Jim Bickerton
Kaimana Beach Coalition

EIS Status Update April 2015

The following is a letter from Honolulu Mayor Kirk Caldwell regarding the status of the ongoing Natatorium Environmental Impact Statement.


Office of the Mayor
City and County of Honolulu

April 24, 2015

Mr. Rick Bernstein
Kaimana Beach Coalition

Dear Rick:

EIS Status Letter 4-24-2015Thank you for your letter dated March 2, 2015, regarding your concerns on the Natatorium Environmental Impact Statement (EIS). With the tight financial constraints we are operating under, we have had to carefully review all of our projects in our current 2015 Capital Improvement Projects. The Natatorium project is no exception. We regret that it has resulted in a delay in moving forward to fund several studies necessary to complete the draft EIS.
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We are glad to announce that we are now ready to move forward to release the additional funds necessary for the studies required to complete the draft EIS.

Let me assure you that as we move forward with the project, your Organization will be updated at each step of the process. Our consultant, WCP, Inc., is preparing an update to all of the stakeholders.

Should you have any questions, please contact Robert J. Kroning, P.E., Director of the Department of Design and Construction, at 768-8480.

Sincerely,

Kirk Caldwell
Mayor

“National Treasure?” Update

May 24, 2014

Want the quick summary? Read the Honolulu Star-Advertiser‘s May 24 editorial, “Don’t Abandon Existing Plan For Natatorium

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On Tuesday evening, May 20, I received a phone call from Allison Schaefers, a writer for the Honolulu Star-Advertiser. She informed me that the National Trust for Historic Preservation had just listed the Natatorium as a “National Treasure” and requested a comment from me as a spokesperson for the Kaimana Beach Coalition. The following is taken from the article which ran on Wednesday morning, with a front page photo of the Natatorium arch under the title of “National Treasure”:

“We have supported this change (for a beach) because the only alternative in redevelopment of the Natatorium would be a complete demolition of the structure. City engineers estimate that rebuilding it from the ground up would cost in excess of 70 million dollars, and it would necessitate commercialization of the structure to pay for the phenomenal amount of maintenance required to operate a salt water pool in the ocean, if they could even get a permit. The other alternative would be let the structure continue to cave into the ocean, which would be a risk to life and to the environment.”

Bernstein said the coalition wants to see the Abercrombie and Caldwell plan, based on the recommendation of the City-sponsored 2009 Waikiki Natatorium Task Force, move forward. “Making it a Memorial Beach rather than a Memorial swimming pool is the right thing to do for the people and for the ocean.”

On Thursday, the Honolulu Star-Advertiser did a Big Q poll of readers asking if they preferred a restored Natatorium with a pool or a razed Natatorium with a new beach and the arches moved back. The response was amazing! 4,200 people voted and 90% favored the new beach plan.

John Pritchett's cartoon in MidWeek, June 3, 2014.

John Pritchett’s cartoon in MidWeek, June 3, 2014.

That afternoon, the two representatives from the National Trust for Historic Preservation were the guests on the Town Square radio show with Beth-Ann Kozlovich. The Washington DC based officers of the NTHP, a non-profit, non-governmental lobbying group, extolled the virtues of the Natatorium and described how it sat adjacent to “Waahkeekee”. I called in and asked if they took into consideration the feelings and wishes of the communities they were inserting themselves into. They affirmed that “yes they did”. I then asked if they had seen the results of the Big Q survey that was in the paper that very day and explained to them and the listening audience that the vote was 9 to 1 in opposition to their plan to rebuild the Natatorium. Flustered, they said, “well, it’s not a scientific poll so it doesn’t have much merit or bearing on the issue”. They continued to spin the story to make it sound as if the issue was still up in the air and no decisions had been made. Their interview was a demonstration of Washington D.C. public relations at its worst. Hawaii was treated to some world class spin doctors rarely seen in these parts.

On Saturday May 24 The Honolulu Star-Advertiser opened the editorial page with “Don’t Abandon Existing Plan For Natatorium”.

It seems that the Historic Hawaii Foundation and the Friends of the Natatorium have upped the game in their opposition to a new beach and called in the “big guns”. Unfortunately for them, the community did not take the bait and voted overwhelmingly (9 to 1) against them. They have made noises about bringing a lawsuit against the City and State to stop the planned Memorial Beach. Perhaps this spontaneous outpouring of public sentiment, along with the weight of the Honolulu Star-Advertiser editorial, will dissuade them so that we can move forward and finally have peace in this long suffering war. Perhaps its name, The Waikiki War Memorial, is more perfect than we have ever realized. Since it was built, there has been nothing but war surrounding its presence. Enough is enough. It’s time for a peaceful solution, a Memorial Beach.

Rick Bernstein
Kaimana Beach Coalition

The Abercrombie/Caldwell agreement

April 30, 2013

Great news! Governor Abercrombie and Mayor Caldwell have agreed to institute the 2009 Waikiki Natatorium Task Force recommendation to remove the bleachers and swimming pool and replace them with a Memorial Beach which will include new bathrooms and reconstructed arches. This plan will cost $18.4 million compared to $69 million for full demolition and reconstruction of the existing structure and swimming pool.

The announcement was made on April 30, 2013 at 11am in the area between the Natatorium and the Aquarium. The Governor, Mayor, State and City officials along with a cadre of people who support the creation of a Memorial Beach were in attendance. I received a call from the City in the late afternoon of April 29th and was invited to attend an announcement ceremony regarding the future of the Natatorium. Further, I was asked to invite key people who had been instrumental in the process of advocating for a beach. As I only had a few hours to invite people, I narrowed the list to those of you who have contributed time, energy, legal council, scientific, medical, oceanographic, technical, historical, and spiritual expertise. If you were not contacted it was not because we do not appreciate your contribution to the cause, I just ran out of time. Fortunately you can watch most of the event on the news section of this site.

In attendance was Mrs. Cecilia Blackfield, a founding member of the Scenic Hawaii Foundation. She was invited by the City and shared with the assembled group that she had contacted all living relatives of the fallen soldiers listed on the Natatorium memorial stone and asked if they would mind if the Natatorium bleachers and pool be removed and replaced with a Memorial Beach. She said that the majority agreed that it would be a good idea.

It is a great day when the Mayor and Governor can agree to bring about this result. Obviously we are delighted with their decision and will support them in moving forward with the implementation of the plan. We are encouraged that our efforts as a grassroots organization have borne fruit. It is an affirmation that citizen participation in the political process can make a difference. While not easy, it is possible. We will not celebrate until the final result is achieved and we can all join together to welcome the birth of a beautiful Memorial Beach.

Rick Bernstein
Kaimana Beach Coalition

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Letter to the Honolulu City Council October 2012

October 16, 2012

Dear Honolulu City Council Members,

News Flash: City Council to decide fate of Natatorium.

In 2009 Mayor Hannemann convened The Waikiki War Memorial Natatorium Task Force to study the future of the Natatorium. I was one of seventeen “stakeholder” Task Force members that participated in the process. Ultimately the panel decided to create a Memorial Beach. A $1.3 million EIS was generated from that decision to study the feasibility of such a project.

While checking on the EIS progress with the DDC in August of this year I was told that it had been suspended by Mayor Carlisle at the request of Governor Abercrombie. It was explained that the Natatorium was being taken back from the City by the State on an executive order. Further, that the City was soon to be out of the picture and therefore there was no need for the EIS. I was told that the Governor was going to make it into a volleyball stadium and not a beach.

Shocked, I called the media to check out the details. When the media inquired, Mayor Carlisle’s staff worked hard to hide the fact that the EIS had been stopped. Ultimately it came to light. Mayor Carlisle claimed that he could not remember making the decision to cancel the EIS. (see video)

As a concerned citizens group, The Kaimana Beach Coalition filed a freedom of information act (FOIA) request for the email files of the Mayor and Governor regarding the Natatorium. See files in PDF at savekaimanabeach.org. According to the emails there seems to have been a concerted effort on the part of private interests and the government to conceal the potential public/private development of this incredibly valuable oceanfront property. It appears that there are a few individuals and companies who will benefit financially at the expense of the entire community of park and beach users that frequent this busy and popular area.

The Kaimana Beach Coalition is made up of park and beach users whose concern is free and open access to the area and keeping it free from “for pay” or commercial interests. We have no profit motive or ax to grind and are all volunteers. We are dissimilar to other groups who have obvious conflicts of interest in their advocacy for restoration and commercialization of the site.

A little recent history on the subject:

The 2009 Natatorium Task Force was made up of a fair and balanced group of community members who represented varying interests and viewpoints.  The group included:

  • Rick Egged of the Waikiki Improvement Association,
  • Donna Ching of Friends of the Natatorium and Director of Business Development Leo S Daly Architects and Engineering, and proponent of restoration,
  • Kirsten Faulkner, Executive Director of Historic Hawaii Foundation and proponent of restoration,
  • Fred Ballard, Friends of the Natatorium and representative of a Veterans group and proponent of restoration,
  • Lt. Gen. Hank Stackpole USMC (ret),
  • Art Caleda, retired Fillipine military WW2,
  • Tim Guard, CEO, McCoy Hamilton, and Renny, Viet Nam vet,
  • Chip Fletcher, Professor in the Department of Geology and Geophysics, School of Earth Science and Technology, University of Hawaii at Manoa,
  • Jean Pierre Cercillieux, General Manager of the New Otani Kaimana Beach Hotel,
  • Hanne Anderson, paddler and coach and proponent of restoration,
  • Brian Keaulana, Lifeguard,
  • Jimmy Shin (did not attend),
  • Ken Ito, Legislator,
  • Edgar Hamasu, Veteran, Korean War,
  • Dr. Andrew Rossiter, Director of the Waikiki Aquarium,
  • Collins Lam, Deputy Director of the Honolulu Department of Design and Construction,
  • Rick Bernstein, Kaimana Beach Coalition and proponent of a Memorial Beach.

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We met over the course of five months and studied many aspects of the Natatorium and its future. City engineers, Army Corp of Engineers, historical experts, etc. presented us with information to help in the decision making process. The City provided historical data, DVD’s etc. We made a site visit to the inside of the crumbling structure. The meetings were open to the public and the media attended.  There was opportunity for the community to make comments.

City engineers explained that the Natatorium cannot be effectively “stabilized” and used as is. In order to have a Natatorium structure, it must be demolished and rebuilt from the foundation up because of its advanced age and the deterioration that comes from being a concrete and rebar structure sitting in the ocean. Salt water corrodes iron rebar and it has rusted beyond repair.

At the end of the 5 month process, three options were voted on.

  • Option 1.  Full restoration, Price $60 million.
  • Option 2.  An aquarium, Price $100 million,
  • Option 3.  A memorial beach, Price $15 million.

The final vote was 9 to 3 in favor of a Memorial Beach. The beach plan included engineered groins to maintain the sand on Kaimana Beach and the new beach, a screened volleyball court, new bathrooms, and repositioned arches mauka of their present location.

The EIS was generated from the task force decision. Its focus was to study the possibility of a new beach. The $1.3 million study was being conducted by Will Chee and Associates. It was 80% completed with $750,000 paid in when it was quietly suspended in May of this year at the request of Mayor Carlisle acting on behalf of Governor Abercrombie. You may view the documents on our website savekaimanabaeach.org .

As was revealed on KITV news last evening, October 15th, the Governor and Mayor failed to understand that the mauka portion of the Natatorium is owned the Kapiolani Park Trust. You are the trustees of that trust. Did anyone check with you before they ordered the cancellation of the EIS?  The cancellation represents a potential waste of $750,000 of City taxpayer money.

Because the dealings regarding this issue were done behind closed doors, the public, media, and maybe you were shut out of the process. This is perhaps the first case where the PLDC process is at work. It seems that the public/private development plan was a stealth operation and represents the worst aspects of big money and government working together in secret.

The FOIA files show that the Governor has larger plans than a volleyball court. According to memos, he also plans a concert venue. The Natatorium bleachers hold 2,500 customers. A pool filled with sand will hold another 1,500 and a stage.

Granted, the Natatorium would make a very attractive sunset show venue for the visitor industry. Sunset shows have always been the hidden agenda of some proponents of Natatorium redevelopment. You need only look at the obvious private interests driving this idea to understand that their motives are to turn the Natatorium over to the tourist industry. Notice the lengths they go to in order to keep their plans secret.

Presently there are three entertainment venues within 500 yards of the Natatorium – the Bandstand, the Shell, and the Kodak Hula Show. These stadiums are all under used and available. There is also an opportunity to turn the Kodak Hula stadium into a 2,000 seat volleyball stadium for a price of $500,000, a fraction of the $60 million it would cost to demolish and rebuild the Natatorium.

Besides the huge number of people the Natatorium concert venue/volleyball stadium would bring to the area, large numbers of delivery trucks, busses, trolleys, taxis, and private cars would be necessary to feed, drink, and transport these people to this tourist destination. The parking in the area is already crowded. Our biggest concern is that an operation like this would cut off the public’s ability to access the last accessible beach on the South Shore. As mentioned, parking is already a problem in this popular local gathering place.

The ball is suddenly in the Honolulu City Council’s court. As trustees and stewards of Kaipiolani Park Trust, you are tasked with protecting the interests of the public and seeing to it that the community maintains the ability to access the park and beaches. You are also asked to protect the area from “for pay” and/or commercial ventures that would impede the community’s ability to access and enjoy Kapiolani Park and its adjoining beaches.

Please reinstate the EIS and consider the benefits of a respectful, inexpensive, beautiful, and low maintenance Memorial Beach. Please honor the task force decision and stop this precious area from becoming an extension of Waikiki business interests.

Thank you for your time and please visit savekaimanabeach.org.

Rick Bernstein
Kaimana Beach Coalition

2004 end of year update

Dear Friends of Kaimana Beach,

As 2004 winds down, we are thankful for stoppage of the Natatorium restoration. With many people’s help, we were able to accomplish our task. It is truly a testament to the democratic process that the will of the people prevailed and that our collective voice was heard. Congratulations to all of us.

Thanks to our attorneys Jim Bickerton and Doug Codiga, we were able to hold things in check. Special thanks go to our soon to be Mayor, Mufi Hannemann who offered his full and much appreciated support in attaining the end result.

It is exciting to think about the prospect of a new Memorial Beach in the near future. Of course it will take a great deal of hard work and careful planning to create this vision. Your support in accomplishing this important project will be very important.

In the last update I mentioned a celebration on January 9. Given the enormity of the tsunami tragedy, we feel it would be more appropriate to put our energy into contributing to the well being of the millions of affected people. Rather than celebrating our good fortune, please send money or good thoughts to our fellow earth mates who are suffering right now. Theirs was a beach tragedy of unbelievable proportion.
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While taking my Kaimana Beach ocean swim to the flag this morning, my mind reeled at the terror of what so many people must have experienced doing just what I was doing, taking a peaceful swim.

My New Year’s resolution – Be thankful for every breath and take nothing for granted. Life is a precious and ephemeral gift.

Happy New Year,

Rick Bernstein
Kaimana Beach Coalition

In last week’s poll, we ROCKED!

Dear Friends of Kaimana Beach,

You have not heard from me for a while because I did not know what to say. We have been playing a quiet game of chess with the Harris administration.

Work that has taken place at the Natatorium includes signs posted on the seawalls of the pool warning swimmers below to keep their distance, a wooden fence on the beach side has been constructed, blacked-out curtains have been strung up fronting the mauka seawall with a sliding chain link fence/gate in the driveway, and a chain link fence in the middle of the grassy area fronting the ewa side of the structure. The crowning pieces of work are two raised brass plaques mounted on the right pillar of the big Arch. One reads:

Waikiki War Memorial Natatorium Restoration
Mayor, Jeremy Harris
City Managing Director, Benjamin Lee, FAIA 
December 2000
Honolulu City Council
John Desoto
John Henry Felix
Donna Mercado Kim
Duke Bainum
Rene Mansho
Mufi Hannemann
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The second plaque is a self-congratulatory message about the restoration project being an architectural award winner. We sincerely hope that this is Jeremy’s final statement and that the will of the people is respected and honored. In last week’s starbulletin.com poll, we ROCKED! 67% to 33% in favor of a new beach over a restored swimming pool!!!

It appears that they may have gotten the message, as there has not been any activity for the last two working days. No one is talking, so we can only surmise what is going on. As there are only ten working days left before Mufi is our new mayor, we do not expect to see any more work done. If Harris is responsible, he will cancel the contract and not leave a mess for the next administration.

As a wonderful holiday surprise, we learned yesterday that a graduate ocean engineering class at UH did a semester project studying the feasibility of turning the Natatorium swimming pool and bleachers into a new beach. According to my source, the results are very favorable. If we can get permission, the report will post it on the web site in the near future.

Wishing you all a happy holiday season and best wishes for a happy and productive new year.

Aloha,

Rick Bernstein
Kaimana Beach Coalition

P.S. Just saw another poll in the starbulletin.com, to rate the performance of Jeremy Harris. This is your chance… ho ho ho.

Construction expected to resume

Dear Friends of Kaimana Beach,

This update is to let you know that we expect the Harris administration to begin work tomorrow, Tuesday, December 7.

Our legal efforts have postponed this project several times in the past few months and we are hoping that the Harris Administration will bow to the wishes of Mayor elect Hannemann who declared in a press conference last week that Mayor Harris should stop this project right now. He said that if Harris does not stop, his first act as Mayor will be to cancel the contract for the restoration of the Natatorium.

This statement by Mufi signals VICTORY to our efforts. We are gratified that Mufi is true to his word and that we can count on him to end this Harris charade.

In the meantime, unless there is a change in the intent of the Harris agenda, you can expect to see workmen putting up fences, cutting down three coconut trees, moving a hau tree, bringing in heavy equipment and generally messing with the surrounding area. Upsetting as it will be to some of us, we must remember and take solace in the fact that all of this wasteful craziness will be stopped in less than a month, and that nothing substantial can be done in that small window of time.

Our attorneys are aware of the construction schedule and we have been assured that the moment construction activity begins in the ocean, they will make every effort to stop it. Without getting too legally technical, we are on the case and will be keeping our powder dry until it is absolutely necessary to move. It is our sincere hope that reason will prevail and legal action will not be necessary.

As we have already won this battle and declared VICTORY, we do not feel the need to launch a huge protest against what will be happening over the next few weeks. Instead, we are planning a celebration on Sunday, January 9, at 3 PM at Kaimana Beach to mark the occasion of the cancellation of the contract by then, Mayor Hannemann. Save that happy day.
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The drama we are witnessing should be considered pure theatre by Jeremy Harris as he desperately clings to a failed dream on his exit from the stage of public life. He cuts a tragic figure. Shakespeare talked about “sound and fury signifying absolutely nothing” and that is what we have here. We are witnessing the drama of political suicide as Jeremy goes down with the ship.

One of the bummers about this feeble display of stubbornness is that the fence being constructed around the Natatorium will cut off about twenty five parking spaces that are sorely needed by beach users, especially during the holidays, as our families come home to visit and spend time at the beach.

Letters to the editor and calls to Mayor Harris are appropriate.

The situation is so dynamic right now that it can change on a dime. We will keep you informed as things happen. Stay tuned and keep the faith.

Aloha,

Rick Bernstein
Kaimana Beach Coalition