Disappeared News

by Larry Geller

Today’s Star-Advertiser reports that a bill currently alive in the Legislature, SB3122 would permit the Office of Hawaiian Affairs (OHA) to build residential condominium towers on their land in Kakaako Makai. The bill is not yet assigned to an agenda for a hearing.

 ←What’s wrong with this picture?

This picture. →

The image to the right is snipped from the Oahu tsunami evacuation map. Sometimes the pink area is mislabeled as the tsunami inundation zone, but that would be narrower, hugging the water a bit more.

So OHA wants to put homes in what is guaranteed to be under water due to climate change? The only question is when residents will need to paddle to work. The floods are coming, we just don’t know how soon.

At first, the lobby will be flooded when storm surges occur at high tide. They might choose to build a wall of some kind to protect the property. But over time, the ground water on the peninsula will also rise, and walls won’t keep that out.

Chip Fletcher, a geologist in UH’s Geology and Geophysics Department, has done mapping that uses a blue line to show land vulnerable to the three-foot sea level rise expected by the end of the century. In response to an email query, he replied, “I don’t see a dramatic risk in the Kakaako area–but tsunami and high wave overwash and the possibilities of higher than expected sea level rise all suggest that any development there should take marine hazards into account in the building design, etc.”

Fletcher gives more detail on his department’s website detailing the anticipated effects of sea level rise, including sea water coming out of storm drains along Ala Moana Boulevard when tides are high.

[Honolulu Weekly, Kakaako: What Gives?, 12/7/2011]

Since that article was published, calculations have been revised. Sea level rise is moving faster than originally thought. China, the US and other countries continue to pump pollution into the atmosphere as though there were no tomorrow. As a result, indeed there may be no tomorrow. At some point, climate change may become irreversible and accelerate.

There’s another thing wrong with this picture. OHA is a state agency that made a deal with the state to settle a massive controversy over money owed to the Native Hawaiian people. Does a state agency have a right to do that in the first place?

The Office of Hawaiian Affairs (OHA) has been fighting for decades to get some $200 million in back-due revenues in return for the state’s use of so-called “ceded” public lands that were seized from the Hawaiian kingdom upon the overthrow of Queen Liliuokalani in 1893.

But the deal was done, approved by the Legislature and lauded by Governor Abercrombie, whose baby it was. As the Weekly article notes, however, it’s possible that the true value of the land might be closer to $50 million rather than $200 million, and the land transferred to OHA is very sub-standard besides.

by Larry Geller

The 2014 legislative session is underway in Hawaii. Will we see the same problematic practices as in past sessions? “Gut-and-replace” (where the public is duped by replacing language in a bill) or “Frankenbills” (where unrelated content is grafted onto a bill previously heard and passed by committees)? Will hearings be scheduled with inadequate notice so that the public is sidelined?

It pays to keep an eye open.

There may sometimes be good reason for requesting a waiver of the 48-hour notice requirement. Couldn’t this bill wait for the next hearing of the same committee?

In any case, committee chairs need to know that someone is watching.

The request for a waiver was made on the House floor yesterday at around 1 p.m. by House Committee on Health Chair Della Au Belatti. The notice was posted via email at 2:09 p.m., short of the 48 hour minimum.

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NOTICE OF HEARING

DATE: Wednesday, January 29, 2014
TIME: 8:30 AM
PLACE: Conference Room 329
State Capitol
415 South Beretania Street

HB 2292    

MAKING AN EMERGENCY APPROPRIATION TO THE DEPARTMENT OF HUMAN SERVICES FOR THE MED-QUEST DIVISION.

Makes an emergency appropriation from the general revenues of the State of Hawaii for fiscal year 2013-2014 to address the budget shortfall for the general support for health care payments program (HMS 902) in the Department of Human Services.  Effective upon approval

by Larry Geller

We just got the news of Pete Seeger’s death. Already, the New York Times posted a long obituary, the Wikipedia is updated, and there will be much more written and posted by tomorrow morning. The Times chose to document the facts of his life, but failed to capture the depth and breadth of his influence.

It’s very sad for us. Nanette and I sat on the deck of the Clearwater listening to him in concert at the South Street Seaport in New York, but more than that, Pete Seeger and his music and activism were part of our upbringing.

In 2005, former Lt. Governor the late Jean King and I coordinated a national celebration of Seeger’s 86th birthday, with concerts dedicated to him across the country. Jean knew him and even had his phone number. Yup, the whole thing was coordinated from Honolulu, out in middle of the Pacific Ocean someplace. And that was without Facebook or Twitter.

A copy of the website is in a pdf file here.

Major events were held at Paramount Studios and aboard the Clearwater. Pete himself was guest of honor at a concert in Philadelphia. All events were arranged locally in each city.

“Seegerfest” was celebrated in Honolulu by Hawaii Public Radio on Morning Café and The Full Nelson, at the University of Hawaii in conjunction with the screening of a documentary on the life of Koji Ariyoshi, at a tribute held at the UH Campus Center by Cordell, Manuel Frietas and Keiko Bonk, on Perry & Price, at Kealakekua Bay, Captain Cook, on Hawaii Island, and at a potluck at the home of cellist Roxie Berlin.

More than the obituary in the Times even tried to convey, the nationwide celebrations in 2005 demonstrated how much Pete Seeger was known, loved and respected. The Times should try harder. Pete Seeger will be missed.

by Larry Geller

Do you play Angry Birds? If so, the NSA knows quite a bit about you.

By stealing data out of the apps you use, according to an article in today’s Guardian, the NSA even can determine your specific sexual preferences.

The National Security Agency and its UK counterpart GCHQ have been developing capabilities to take advantage of "leaky" smartphone apps, such as the wildly popular Angry Birds game, that transmit users' private information across the internet, according to top secret documents.

The data pouring onto communication networks from the new generation of iPhone and Android apps ranges from phone model and screen size to personal details such as age, gender and location. Some apps, the documents state, can share users' most sensitive information such as sexual orientation – and one app recorded in the material even sends specific sexual preferences such as whether or not the user may be a swinger.

[The Guardian (UK), NSA and GCHQ target 'leaky' phone apps like Angry Birds to scoop user data, 1/27/2014]

Part of the genius of dribbling out the Edward Snowden data a little bit at a time is that it ought to keep the public’s anger level high. If the above revelations don’t make you angry, maybe the next batch will.

As the article explains, even the photos that smartphone users upload to Facebook and other sites contain EXIF data that gives the NSA details such as the location the photo was taken. The NSA computers put together anything they can get on you:

Depending on what profile information a user had supplied, the documents suggested, the agency would be able to collect almost every key detail of a user's life: including home country, current location (through geolocation), age, gender, zip code, martial status – options included "single", "married", "divorced", "swinger" and more – income, ethnicity, sexual orientation, education level, and number of children.

Not mentioned in the article is that all levels of government share information. Hawaii has a “fusion center,” so all of that information may be shared with local police. We’ll never know what they are sharing, of course.

Not angry yet? Please click on the link above and go to the Guardian article.

Let me close with this snip from the same article:

An ability to make the phone's microphone 'hot', to listen in to conversations, is named "Nosey Smurf".

by Larry Geller

It is very possible for the citizens of Honolulu to plan their own city, working alongside architects, urban planners, and other experts. One methodology involves “charrettes,” which are more or less formal methods of planning designed both to permit community participation and (ideally) to result in community buy-in for the resulting plan.

Now, by “participation” I do not mean simply attending an HCDA meeting downtown. True participation or involvement means going down the design road together: architects, city planners, urban design students, ordinary people, and both current and potential future residents of a place. In order to do that, professionals assist by helping to bring those without formal training up to speed. This takes time and some patience. It takes an investment up front before anything is planned or decided.  At some point, all participants will be speaking something of a common language, and then the work product has a chance of fulfilling the needs of each participant—and of the city at large.

Both the theory and practice are well developed—community participation is nothing new. Note that the community is not expected to create models or drawings or perform functions that professionals are trained and equipped to carry out. The professionals will do all that—later.

In order to cover a little bit of the ground, I have had to do bring myself up to speed, as best I can—by reading at least enough to understand what it is, in a general way. One source I am fond of is the book Designing Community: Charrettes, master plans and form-based codes by David Walters, Elsevier, 2007.

I’d just like to snip a bit from the introduction, to give an idea of the possibilities and demonstrate the depth that is possible (that is, beyond parking downtown to attend a one-hour meeting).

In his intro, Walters does many things, including discussing the meaning of “community.” I’ve snipped a small part. In this segment he also introduces the concept of “charrette”:

To residents of a neighborhood, ‘community’ is often
a way of defining their shared values (or shared income
levels) as distinct and separate from adjacent areas, and
the term may be used for either positive or exclusionary
purposes. . . . A modern idea of community is one which applauds
and nurtures individual choice and personal autonomy
and which recognizes the irreducible pluralism
of modern society. This idea of community as a dialectic between the individual and society, especially when linked to physical
space in the city, has a long lineage in planning and
urban design practice, and this book examines relationships
between physical urban form and the social
activities and attitudes of citizens as they affect, guide
and challenge the work of design and planning professionals
in Britain and America. The role of public participation
in planning and urban design is crucial in
this regard. The days of the detached ‘expert’ handing
down his plan to a grateful and awed public are long
gone, and deservedly so. However, in their place are
confused and often bruising debates between planners,
politicians, designers and the public about priorities
for urban growth or infill development, open space,
traffic, schools, parks, affordable housing and a host of
other urban issues. To help resolve these issues, this book
describes and highlights some effective techniques
using the design ‘charrette’ format of public involvement
in planning decisions. … intensive, inclusive workshops,
lasting several days, that involve a variety of professionals,
elected officials and citizens from the
community working together to hammer out concrete
design proposals or master plans for future action.

This leads to the second principle of urbanism upon
which much of the urban design theory and most of
the practical examples in this book are based: ‘traditional
urbanism’ provides the best armature for diverse
and multicultural civic life to flourish, as envisioned
both by British government policies for ‘sustainable
communities’ and American New Urbanists’ ambitions
for more socially just and environmentally sustainable
cities. Spaces such as the street, the square, the
boulevard and the park fulfill this role because they
are inherently human scaled yet neutral and nondeterministic.
Their universality as common spatial
types allows them to fade into the background and
permits public life in all its diverse forms to take center
stage. This is important – the only real point in making
urban spaces is to provide places where people of all
types and ages can live out full and interesting lives as
citizens in a now globalized society. The myriad of
small, diverse acts that together create community are
best achieved as pedestrians, meeting and interacting
with friends, acquaintances and strangers in the street,
in the square, on the campus, in the park.

Aha…there’s more to do than simply establish height limits, connect sewer pipes and set “affordable” prices for little boxes perched high up in buildings of steel and blue glass.

There’s a limit to what I can snip and what you’d be willing to read, so let me close with a little more from the Introduction, from a point just after the history of charrette has been explained. I think this segment demonstrates the objective and the expected benefit of the process:

The distinction about what constitutes a proper
and effective charrette is more than simple semantics.
The process itself comprises an important planning
tool that is especially relevant in resolving contentious
planning and architectural issues in the diffuse, confusing,
contradictory and politically charged world of
the post-industrial city. Therefore, a more profound
reason for writing this book, which in many ways is a
follow-up to and elaboration of themes in Design First,
is to expound the relevance of the charrette as a planning
and design methodology particularly well suited to
the complex and conflicted planning issues in contemporary
American and British urban development.
But charrettes are only one topic examined in this
book. They are the public participation component
of a tripartite urban design and planning methodology
whose companion techniques are a renewed
focus on urban design master plans, and the resurgence
of ‘form-based zoning’ (USA) or ‘design codes’
(UK) whereby the design contents of community
master plans are given legal weight. Charrettes provide
the forum for meaningful public participation in
planning; master plans derived from these charrettes
establish and communicate the community’s vision
in detail; and form-based codes provide the legal framework
for implementation of the visions. This last item
is particularly important: the codes provide citizens
with some reasonable confidence that their community’s
efforts cannot be easily subverted by developers
and errant politicians. Developers also profit from a
higher degree of certainty in the planning process and
local politicians gain from having very clear guidelines
by which to measure future development and change
in their community.

For Honolulu, a parallel process might be to research how some other states and municipalities implemented regimes of rent control and rent stabilization during or after the Great Depression. While opposition to comparable comprehensive regimes would be strong today, we do have some unfinished business with regard to homelessness and affordability of housing for average citizens. Should “affordable” condos be under some kind of control, or should the owners have the right to “flip” them at great profit in the future?

We can work on these issues together. Certainly, politicians are not going to make a present of affordable housing to us, not while “Land and Power in Hawaii” (still a great book) casts a controlling shadow over the market.

This is our home, we have the right to design it as we wish.

by Larry Geller

Of course, we are in no danger of reproducing the density of Shanghai in Honolulu (I hope not). On the other hand, why go in that direction, particularly since the housing that’s planned isn’t for us?

Note that the population density in the Hobron area, from the 2010 census, is 87,816 persons per square mile (as reported in the Star-Advertiser).  The population density of Hong Kong is “only” about 67,000 persons per square mile. I’ve seen conflicting numbers for Shanghai.

Shanghai was used as the backdrop of “Her,” which is set in the future. The trailer gives a hint of the size of the city:

It’s hard to get a sense of the city at night, though. Here’s another view:

If I understand the map correctly, the buildings across the river are commercial, fading into residential in the distance.

At least Shanghai knows where it’s going. Here’s a model of Shanghai as planned for 2020:

[originally posted to Flickr as Staggeringly Tiny Shanghai, Circa 2020, by
Harry Alverson and licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license]

(click any of these for larger)

No, we’ll never get there.

What’s wrong with a “Hawaiian sense of place” for Hawaii, anyway? Note that the Governor has not yet appointed the “cultural” community representatives to either of the HCDA boards, according to their website.

by Larry Geller

What a great gift this morning’s front page is to opponents of overbuilding by the HCDA in Kakaako. Thank you, Star-Advertiser.

Yes, this is snipped from our Honolulu newspaper, not a Hong Kong edition.

This official depiction validates a photoshopped projection of Waikiki in 2050 that I made for a presentation to the Waikiki Neighborhood Board.

Rep. Scott Saiki has introduced bills to reform (or abolish) the HCDA. Today’s article reports:

Saiki (D, Downtown-Kakaako-McCully) acknowledged that HCDA is responding to market conditions that are favorable to development. "I think what's happened is that along the way they have not adequately answered questions that have been raised by the public about the direction of Kaka­ako and the extent of the buildup in the area," he said.

[Star-Advertiser p. A1, Too much, too fast?, 1/25/2014]

Indeed, conditions are currently “favorable for development.” The economy has improved for many on the Continent, and climate change is bringing extremes of heat and cold that make condos in Hawaii extremely attractive to those who notice that the weather is much, much better here.

Take the recent “polar vortex”  for example. A composite of news coverage illustrates why those Kakaako condos should sell quickly.

Really, I can sympathize. I’ve done snow. I’ve driven on icy roads to get to work. I’ve waited for the snowplows to clear the streets. I know what –15ºF feels like.

Those condos will sell. Some will sell to snowbirds with little or no income taxable in Hawaii. Nevertheless, they will drive cars and further jam up the streets for the rest of us.

So what about the rest of us? What about housing for Oahu or Hawaii residents? From the article:

But some in Kaka­ako complain that the HCDA has catered to developers at the expense of infrastructure, traffic and the ocean and mountain views of existing residents. Others cringe at luxury penthouses designed to lure wealthy mainland and foreign investors when high-rise units designated as affordable are priced out of reach of many residents.

“Priced out of reach of many residents” could more accurately be “Priced out of reach of most residents” because the definition of “affordable” appears to be affordable to those earning 140% of the Area Median Income.

me·di·an ˈmēdēən/ adjective:  denoting or relating to a value or quantity lying at the midpoint of a frequency distribution of observed values or quantities, such that there is an equal probability of falling above or below it.

So at 140% of the median, “most” do not fit into this category.

As to “workforce housing,” our “workforce” can’t be making anything near 140% of the median. Ask your waiter the next time you visit Zippy’s.

Now, I’m admittedly out of my depth here, but I have seen charges that HCDA allows the use of a 2.9% mortgage rate in the calculations. If true, then this also bears scrutiny. What is the actual rate buyers will get for these units? Wouldn’t the range of 5.5-6% be more accurate? Perhaps someone who understands this will comment—or submit testimony on one of the many bills introduced this session related to the HCDA.

Honolulu has no regime of rent control or rent stabilization. There is no protection for renters, including seniors on limited income or those at the lower end of the income scale. The HCDA is not looking out for the segment of the market that is getting squeezed, but instead, as the article notes, enables the creation of “luxury penthouses designed to lure wealthy mainland and foreign investors.”

Why not repeal the HCDA and begin some serious urban planning for the rest of us? Luxury penthouses can co-exist with rent-controlled apartments. New York does it. We can too.

by Larry Geller

I haven’t used the LIST feature of Twitter, but it’s really handy! I just got my first lesson from @FreeRangeNan.

You can subscribe to the list or not, it’s still handy.

The list is called HCDA Bills. Try it.

Click here to see what’s happening with all the bills.

Click here to see what bills are being tracked.

Isn’t that cool?

To subscribe, just click the subscribe button. It also makes it easy to follow your choice of bills without searching for each of them!

What will they think of next?

Now, we need a good list of GMO bills.

by Larry Geller

Civil Beat has compiled a helpful list of bills that would modify or even repeal the HCDA (Hawaii Community Development Authority). I’ve mooched their list and created Twitter feeds (see below) that you can use to follow each bill easily, if you wish.

Nothing will happen without citizen participation, so I hope these Twitter feeds will be a way to help.

I’m also experimenting, of course, to see if Twitter feeds are really useful for this purpose.

Please click the link and go over to the article for a description of what each bill is intended to do.

Related:

• Governor wanted to scrap the HCDA… (8/19/2013)
• HCDA dangers warned in 1976 House floor speeches (8/23/2013)

From the Civil Beat article:

Hawaii House Majority Leader Scott Saiki has followed through on his promise to scrutinize the Hawaii Community Development Authority, introducing eight legislative measures that range from curbing the authority of the agency to getting rid of it altogether. 

The state organization which manages development in Kakaako and Kalaeloa has been harshly criticized in recent months for approving a slew of new projects last year in Honolulu’s urban core. 

[Civil Beat, Hawaii House Majority Leader Pushes Bill to Abolish HCDA, 11/23/2014]

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“Our people are being pushed off our islands because they can't afford a home for their families; our kids are being robbed of school days while developers are being given handouts; our local jobs are given away while more locals aren't being paid a living wage; our land is being turned over to Mainland developers while our environment despoiled by greed; and our sick and elderly continue to be denied access to the care they need.”—from an Aikeahawaii.org brochure

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“Now, Mr. Speaker, let us examine the other interesting powers of the Hawaii Community Development Authority. This super agency will have the authority to establish community development rules regarding health, safety, building, planning, zoning, and land use which would supersede all county ordinances. Not only does this violate the concept of State-County cooperation and interaction in comprehensive planning, but also amounts to the unconstitutional delegation of legislative authority to a non-elected body.”—Rep. Poepoe, speaking on the House floor against SB2394, 1976

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Here is the list of bills and the tweets you can subscribe to (just click on the link to subscribe). For better descriptions, please see the Civil Beat article or the bill info posted at the “status” link on the Capitol website.

Bill status	Bill tweet	Purpose (from bill description on status page)
HB1864	HB1864	Repeals the Hawaii Community Development Authority
HB1860	HB1860	Amends HCDA public notice requirements and requirements for project approval. Creates an administrative appeal process with available judicial review for HCDA decisions or actions
HB1861	HB1861	Amends procedures of the HCDA to require additional public notice and public input for development projects and rule changes. Establishes additional requirements for development projects before HCDA approval can be granted. Creates appeal process for HCDA actions and decisions
HB1862	HB1862	Requires the Hawaii Community Development Authority to implement affordable-housing policies that are in greater conformity with those of the City and County of Honolulu. Effective July 1, 2014
HB1863	HB1863	Eliminates the operating budget for the HCDA for FY 2014-2015. Requires a minimum horizontal separation of 300 feet between each building in the Kakaako community development district that is more than 100 feet in height. Establishes a maximum floor area ratio of 1.5 for any building in the Kakaako community development district. Authorizes citizen suits against the HCDA for violations of its required duties. Requires rules established by the HCDA to comply with all laws, ordinances, and rules.
HB1865	HB1865	Imposes a one-year moratorium on the Hawaii Community Development Authority's approval of any plans or proposals for development in the Kakaako Community Development District. Effective on July 1, 2014, and repealed on June 30, 2015
HB1866	HB_1866	Amends the manner in which members are appointed to the Hawaii Community Development Authority. Enhances legislative oversight of the Authority
HB1867	HB1867	Amends Hawaii Community Development Authority statute to establish building restrictions and prohibitions

As you will see from the status page of any of these bills, they are waiting for a hearing. You can help by emailing Water & Land Committee Chair Cindy Evans or call her office at 586-8510 and ask that the bill (or bills!) be heard.

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How to follow these bills with Twitter

If you’re not a Twitter user, here’s an excuse to sign up. But even without becoming a user, you can click on a link to check on the bill status.

For Twitter users, click on the  link above and then Follow the feed.

Now, many of us have an overwhelming number of people that we follow. So I click on “User Actions” to the right of “Following” and have these tweets forwarded to my phone. I suppose one could make a “List” of bills to follow. Whatever works for you.

I hope that this will encourage people to become active and support these bills. Certainly, if you can come down to the Legislature and testify in person, that’s ideal, but it’s not an option for many. So please send in testimony.

The link in the tweet takes you to the status page for the bill, and in the upper right corner is a box to click to send in testimony. Click and send. It doesn’t have to be formal, though formal is, of course, better.

Be a part of the solution. Send in your testimony and help worthwhile bills pass. Or, you could oppose or just comment, of course.

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by Larry Geller

House Bill 6221 adds “homelessness” to HRS §489-3 Discriminatory practices prohibition. Read the short text here.

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How to follow this bill with Twitter

If you’re not a Twitter user, here’s an excuse to sign up. But even without becoming a user, you can click on a link to check on the bill status.

For all the rest of us, I think the best way would be to follow the account (click on the  image above, or go to http://twitter.com/hb1621) and follow it.

Now, most of us have an overwhelming number of people that we follow. So I click on “User Actions” to the right of “Following” and have these tweets forwarded to my phone. I suppose one could make a “List” of bills to follow. Whatever works for you.

I hope that this will encourage people to become active and support these bills. Certainly, if you can come down to the Legislature and testify in person, that’s ideal, but it’s not an option for many. So please send in testimony.

The link in the tweet takes you to the status page for the bill, and in the upper right corner is a box to click to send in testimony. Click and send. It doesn’t have to be formal, though formal is, of course, better.

Be a part of the solution. Send in your testimony and help worthwhile bills pass.

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by Larry Geller

I knew I subscribe to the newspaper for a reason—this morning’s Star-Advertiser highlighted Rep. John Mizuno’s "Homeless Person's Bill of Rights" bill, HB1889. The wording is the same as Connecticut’s landmark law, passed last year.

The article on page B1 notes that the bill would conflict with city ordinances, and so could have a rough time passing. This is certainly true, but Hawaii’s state legislature has passed some tough bills in the past.

California’s state legislature also has a bill before it which I think should be adapted for Hawaii. For example, it begins:

In the State of California, there has been a long history of discriminatory laws and ordinances that have disproportionately affected people with low incomes and who are without homes…

We have a similar history, and if the state legislature has enough guts, it can stand up for our people “with low incomes and who are without homes” who have faced more than just discrimination by the City and County of Honolulu.

Let’s not pussyfoot around this: they have been persecuted and chased to the edges of the sidewalk by a series of city ordinances that punish rather than assist them. The House, in particular, needs to make amends for its member, Tom Brower, who decided that wielding a sledgehammer on the streets of Waikiki was an appropriate remedy for homelessness, and embarrassed Hawaii before the nation and the world:

Bully. It's the word we use for people who harass others weaker than them. That's what Tom Brower was this week. Nothing about harassing homeless people is cool, or intelligent, or helpful to the conversation.

[Huffington Post, Hammering Homelessness, 11/25/2013]

What it will take to move this bill is citizen support by way of testimony and speaking with/visiting committee chairs. The bill is referred to the House Committee on Human Services. If it is not to die, chair Mele Carroll has to schedule the bill for hearing. You can email her at repcarroll@capitol.hawaii.gov or just call her office at 586-6790 and ask that HB1889 be scheduled for a hearing. Piece of cake. Do it. If you’re in her district, be sure to say that.

by Larry Geller

Below is a list of bills related to GMO foods currently in the Hawaii State Legislature, via Brad Parsons and Shannon Rudolph, who comments that “Yes, I know it’s mind boggling.” Thanks to you both for staying on top of these.

But I would also like to mention again that Kauai City Council member and former legislator Gary Hooser will be speaking at a free meeting on Monday, January 27. A pizza lunch is optional for a $5 donation, but no obligation.

Please help by tweeting and passing on the information to your own email lists.  Here’s the announcement, and the list of bills follows. A tweetable link for the announcement is here.

Kauai has demonstrated that People Power can stand up to the corporate giants. Please attend Hooser’s talk if you can. The battle will continue during this legislative session, and advocates will need to be fully engaged or the money will prevail.

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KOKUA COUNCIL

PLEASE JOIN US FOR LUNCH

Monday, January 27,2014

11:30 a.m. to 1:00 p.m.

Miyama Main Hall, Harris United Methodist Church
Nuuanu Ave. and South Vineyard Blvd.
Ample parking - driveway off Nuuanu Ave.

Agenda:

11:30 Luncheon: Various Pizza, Salad, and Dessert— $5.00 Donation

11:50 Welcome, Introductions and Remarks, Larry Geller, President

12:00 Program: Gary Hooser: Kauai's Bill 2491 - A case study in community empowerment

Kauai Council member and former state legislator and director of the Office of Environmental Quality will describe how community action can overcome strong economic and political pressure.

Citizens of Kauai worked together to pass Bill 2491 over the mayor's veto. The bill requires the largest chemical companies in the world to disclose their pesticide use and prohibits the use of these chemicals near Kauai schools, hospitals and homes, imposing criminal penalties for violations. This new law may face challenges during the 2014 state legislative session.

12:30 Questions and Answers

1:00   Adjourn

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10 New Bills on these issues added on Jan. 21st:

HB2187  RELATING TO TAXATION.

SB2454  RELATING TO AGRICULTURE.

SB2521  RELATING TO LABELING.

SB2576  RELATING TO HEALTH.

SB2648  RELATING TO PESTICIDES.

SB2649  RELATING TO PESTICIDES.

SB2736  RELATING TO FOOD LABELING.

SB2737  RELATING TO GENETIC ENGINEERING.

SB2738  RELATING TO GENETIC ENGINEERING.

SB2739  RELATING TO GENETIC ENGINEERING.

“
“The income stratification is more dramatic and that brings this [luxury hotel development] on,” he said. “That’s what we’re really talking about, highly conspicuous consumption as wealth flows from the broader population to a very small subset.” --David Loeb, a senior hotel analyst at Robert W. Baird & Company in a New York Times article on luxury hotels
”

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by Larry Geller

Let’s see… a $19,521 monthly maintenance fee figures to about $650 a day. And of course, that’s after someone buys it.

The pull-quote above is snipped from a New York Times article describing the growing luxury hotel market. In effect, the condo penthouse described in the Star-Advertiser article is similar to a luxury hotel unit. It’s no place that you or I could afford to stay.

The penthouse features an “infinity pool” which merges the pool water with the ocean view, but they omitted a helipad. Darn, the owner will have to get to and from the airport in his limousine in traffic, just like the rest of us.

Condos as front-page news

Once again, we learn of another towering condo going up in the Kakaako area through a front-page lead story in the Star-Advertiser. Isn’t there any more important news in the world today that should go on the front page? On the other hand, maybe the editors are doing us a service—chronicling the destruction of Honolulu as we know it.

Oh, Honolulu will continue to exist, but will we be here? The median cost of housing continues to rise into the stratosphere. We, the citizens and voters, do not benefit from the kind of luxury housing that profits these developers. The routine approvals for the exemptions that make their high-rise-high-cost units possible are anti-democratic. Unless we regain control of the urban planning process, we will continue to be planned out of our own city.

It is natural that Honolulu should have a few ritzy development projects—but what we need is workforce housing, affordable to the average Jane or Joe, not luxury digs targeted for billionaires and outsiders.

That all we seem to get is unaffordable housing is a failure of government on both the state and city level. But it’s a failure that we are allowing to continue.

Another aspect of the political sellout of our city is the current attack on open space and urban parkland. Jefferson School is in jeopardy again because it has too much grass. The grass is a public asset, as is the entirety of Kakaako Waterfront Park, also threatened with commercial development. Neither the state nor the independent HCDA should have the right to destroy what the public owns and values.

Class war in Kakaako

Walking around Kakaako today, one sees wall art of bicycles and other themes intended to create a people-friendly image. It’s a con, however. Just a couple of blocks makai are sidewalks blocked by lampposts installed right in the middle of the walkway instead of along the grassy edge near the curb. No one in charge really cares about making the neighborhood people-friendly. And of course, much of what is now painted prettily will be torn down as the luxury condos go up.

If allowed, the HCDA will transform Kakaako into a high-density housing area that doesn’t fit Honolulu. Forget a “Hawaiian sense of place” entirely, the area will more closely resemble Dubai.

Development that depends on exemptions does not create an environment where people want to live, work, play, and shop. Important also is the load that these building will place on infrastructure. Besides sewer pipes, demands will be put on Nimitz Highway as thousands of new cars are added to already congested traffic. Height limits and other zoning and environmental laws were created for a purpose. Allowing an authority to operate outside of the law, granting exemptions routinely, makes a mockery of the urban planning process.

The argument for building housing near the workplace only works if those working in town can afford the nearby housing. Hint: that’s also a con. But you already knew that.

“
A national strike for a living wage and the right to unionize in the fast-food and retail sectors has spread across seven cities. Hundreds of workers walked off the job Thursday in Milwaukee, and before that in Chicago, St. Louis, Kansas City, Detroit, Flint and New York City. "What else do we have to lose? We are already slowly dying in our day-to-day lives," says our guest Terrance Wise, who works at both Burger King and Pizza Hut and is a member of the Stand Up Kansas City campaign. "So why not speak up, and stand up, and let the nation know that we are suffering? This is really a cry for help. This great nation should not turn its back on working-class people that need help.”—intro to Democracy Now segment, "We Are Slowly Dying", 8/2/2013
”

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by Larry Geller

It’s still a tough economy in Hawaii, as elsewhere in the country.

Governor Neil Abercrombie’s State of the State message this morning offered his push to reduce taxes on seniors’ retirement incomes, a plan that could make a small dent in poverty in that demographic. He offered nothing for the homeless except a bill to increase the minimum wage.

While any increase in the minimum wage would be helpful, is a proposal to raise the minimum by only $1.50 from $7.25 to $8.75 starting one year from now adequate, given the high cost of living in the state? The Governor’s proposed increase appears to just track the rate of inflation since the current minimum was was established in 2007, but if the wage was inadequate then, it will still be inadequate in 2015. Plus, of course, workers will have been falling behind inflation up to that point. Bills that have to be paid remain to be paid.

Workers across the country have been clamoring (and demonstrating) for a living wage, that is, an income at least sufficient to pay the bills.

Walmart, employing 2.2 million people worldwide and the largest private employer in the United States, is also the best example of an employer paying inadequate wages:

Due to low wages and few benefits, Walmart workers at a single 300-person Supercenter store rely on anywhere from $904,542 to $1,744,590 in public benefits per year, costing taxpayers, according to a new report from the Democratic staff of the House Committee on Education and the Workforce.

[thinkprogress.org, Walmart’s Low Wages Cost Taxpayers Millions Each Year, 6/7/2013]

That’s right—inadequate pay at Walmart means that you and I taxpayers are footing the bill instead of the billionaire owners. Walmart can well afford to pay a living wage to its employees.

State and federal minimum wage laws can help, but Hawaii should follow the examples of other states that have higher minimum wages, even where the cost of living is very significantly lower than ours.

The best comparison chart of state wage laws I have found on the web is in the Wikipedia. Another good comparison is on the USAToday website.

Check out California. The state minimum wage, currently $8.00 per hour, is set to go to $9.00 on July 1, 2014 and $10.00 on January 1, 2016. Within California, high cost of living San Francisco has a minimum wage of $10.74 already starting January 1. San Jose is $10.15.

Washington State has a minimum wage of $9.32 and indexes it to inflation. Currently that is the highest statewide minimum wage in the nation. Note that the cost of living in Washington is lower than in Hawaii.

To its credit,  Hawaii became the second state (after New York) to implement basic wage and labor protections for domestic workers. California is now the third state that protects the rights of domestic workers, after a multi-year struggle.

Should Hawaii be targeting a $10-12 minimum wage?

In an election year, what would be wise for an incumbent governor or legislator, or for candidates, to propose? Will the people speak out, and how loudly?

by Larry Geller

I just listened to the State of the State message, and conclude that for those struggling with homelessness, the state of the state of Hawaii remains largely unchanged.

Can one say that Hawaii’s state and local governments have failed to solve the problem of homelessness when they haven’t even tried?

Governor Neil Abercrombie concluded his fourth State of the State speech before the Legislature just over an hour ago. He mentioned no new state resources to assisting the homeless move into stable housing. Although he announced plans to spend state funds on other programs, he did not describe spending anything on combatting homelessness.

This leaves those stranded by City policies at the edge of public sidewalks as they are, and means that the less visible homeless population will remain unassisted as well. It means that still more seniors and children will become sick or die due to poor living conditions.

Spending the $844 million state budget surplus must of course recognize priorities. Clearly, solving homelessness has no priority in state plans.

Of course, the responsibility is shared between the counties and the State, but neither has stepped forward with even minimally effective resources. In fact, Mayor Caldwell’s Housing First initiative, long overdue, may yet not be implemented due to lack of funding. At the same time, calculated based on his estimate, the City has likely spent between $1-2 million on cruel raids to confiscate personal property from sidewalk tents. These raids have proven ineffective.

What has the state committed so far? The Governor listed two items related to homelessness in is list of accomplishments for 2010-2013, posted on the state’s website:

• Established the Homeless Coordinator as a cabinet-level
  position.
• Convened the Hawaii Interagency Council on Homelessness
  to ensure integration and coordination of services.

It may be a cynical thought, but I’ve wondered often why the homeless need coordination? What they need is a real commitment to fund evidence-based programs. The Governor did not write or speak about any material commitment. Note also that the Council is “integrating” services provided by charities. Note that over the four year span of the Governor’s report, that’s all he says he has done.

In other words, over four years, the state and city have visibly committed one person’s salary each. If there is more, it needs to be documented, reported, and measured against the need. Task forces, coordinator’s salaries and meetings don’t count.

If there are programs in place, there need to be measurements and reports. Find them if you can.

Media focus on visible blight instead of solutions

Our media have placed few demands for solutions on either city or state government, instead focusing on the “unsightliness” of people living on the streets of Waikiki or blocking the sidewalks they have been forced onto by city ordinances. A lead article in Sunday’s Star-Advertiser (see below) encouraged the position that rich folks are allowed to buy alcohol in ABC stores but that those living on the streets should not also be able to do that.

The newspapers are documenting a tragedy in motion. The sight of these people makes news, and the paper is willing to publish any number of unkind letters to the editor. Will focusing on uncomfortable views of those in need spur either the state or city to positive action? Why not write about our governments’ inaction?

So far, local media have declined to investigate government (in)action, as highlighted by coverage of as-yet uncharged sledgehammer-wielding state legislator Tom Brower. One might conclude that those living without roofs over their heads in Hawaii don’t have even the minimal protection of the law. National and international media were more critical.

Lack of intent creates crisis conditions

Some crises come about by accident—and others by design. Some situations arise inadvertently, and others are created purposefully. Homelessness in Hawaii has been created perhaps by economic forces operating on a national scale, but it has been exacerbated by state and local government inaction. Through harmful legislation, our state and local governments have, in fact, created the problem that the newspaper reports is bugging people.

Nothing committed out of the growing state surplus for homeless assistance programs

This is a snip from Sunday’s Star-Advertiser front page. Note the large spread given to an article emphasizing the discomfort of having to look at those who have been marginalized to living at the edge of sidewalks.

For the record, I’ve spoken to several tent-dwellers, and each said that living right next to traffic on the streets is not a personal choice. The City has forced them there, and even the numerous raids (probably numbering in the hundreds by now, at considerable taxpayer expense) cannot dislodge them because there is no better place to go.

What caught my eye is the contrast between the lead article and the one underneath it, headlined “Economic upturn allows renewed call for wage hike, preschool aid (Star-Advertiser, 1/19/2014). The state is running a reported $844 million budget surplus. Will the administration spend more than a dime to assist the homeless people it can’t stand the sight of?

The Governor mentioned some of the items that the writer speculated might be included in his message, but offered nothing new on homelessness.

Raising the minimum wage will assist many families now unable to pay rent and buy food, permitting some to move into rental situations and keeping others from falling into homelessness. Note that raising the minimum wage does not toll the state budget. In fact, through somewhat increased taxation, it should contribute. However, in the absence of a regime of rent control or rent stabilization, rents continue to rise, and the phrase “affordable housing” as used in the media is like some kind of joke that journalists keep hoping we’ll get if they simply repeat it often enough.

Supporting an increase in the minimum wage is important for many reasons, but it is not a state commitment of resources to combat homelessness.

City Housing First initiative may be only talk

The City has failed to put any resources into its Housing First initiative. Recent news article revealed that the city investment is zero—the money is to come out of the sale of public housing to a private developer, and if that falls through, which is a possibility, that ends it.

Note also that Mayor Caldwell planned to assist only 75 people into supported housing. By any measurement, that would be an inadequate response even should it be achieved.

The state has responded abysmally in similar situations—think Felix (special ed) kids denied an education in the schools, deficiencies in both child and adult mental health services, conditions at the State Hospital and in the prisons, Think Micronesians who were abruptly cut off from health care, and those living with handicaps who were cut out of Quest.

In each of these cases it was the federal courts that maintained the rights of the disadvantaged, not the state acting in a responsible, legal or moral manner.

[A federal government grant of $2.1 million was announced in July, 2013, to aid veterans and would be administered by charitable agencies. Later news coverage suggested the grant (the same money?) will benefit only 45 people and be used by the Department of Health, starting in 2014. Note: only $2.1 million committed, and by the feds—not by state or local governments.]

“
“The admirable commitment that Hawaii's state government shows to public health needs to be shown in other areas that affect emergency patients," Dr. Jay Ishida, president of the Hawaii Chapter of ACEP, said in a news release. "Hawaii's gaps in hospital and treatment facility capacity lead to overcrowding, long wait times and an inability to respond to disasters. The best medical care in the world won't help you if you can't get to it in a timely manner.”--Isles fail to make the grade in hospital capacity, ER access, Star-Advertiser 1/17/2014 p. B1
”

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by Larry Geller

The other day I watched from the window as an ambulance tried to make progress through a completely stopped H-1 traffic jam, its siren wailing with desperation. Eventually it made it through. I hoped it would have been in time.

Oahu continues to suffer from the closure of hospital ER facilities. Ambulance diversions from overcrowded hospital emergency rooms demonstrate that the problem is ongoing. Since the closing of two Hawaii Medical Center hospitals, patients in Central Oahu need to fight that traffic to reach overcrowded and inadequate hospital facilities in town.

In a report released yesterday, America’s Emergency Care Environment, Hawaii was ranked 44th in the country in Access to Emergency Care and 41st in the country in Disaster Preparedness by the American College of Emergency Physicians. Both of these rankings earned Hawaii a grade of “F” on the organizations Report Card.

Where have you read about this before? Who has repeatedly sounded the alarm about Oahu’s vulnerability in case of natural or other disaster??

• Jan. 8, 2012: Does Oahu have enough emergency room capacity for a real emergency?
• Mar. 15, 2012: Oahu likely in denial about hospital crisis—what if we have a real emergency?
• Nov. 2, 2012: If Sandy had hit Honolulu, would our hospitals have been ready?
• Sept. 13, 2013: Honolulu can choose its Apolcalypse (ER pocalypse)

In an older report, following Hawaii’s C- ranking by the same organization in 2006, I wrote:

• Jan. 10, 2006: Hawaii's medical infrastructure deteriorating, unready for disasters
• Jan. 15, 2006: Update: Lights out in the ER--Hawaii's deteriorating medical infrastructure

Since the closure of  the two Hawaii Medical Center hospitals, emergency rooms have been filled to capacity and ambulances diverted enroute. Until Queens opens its facility in Central Oahu, no relief is in sight. Had a hurricane hit, or if a disaster should befall this island before the Queens facility is opened, would we be content to stack patients or bodies in hospital hallways due to lack of capacity?

The Star-Advertiser hid the Report Card story in the Money section of today’s paper, and reported only a dim bright spot:

"When HMC shut down it generated an immediate crisis in ER availability," [Toby] Clairmont [, director of emergency services for the Healthcare Association of Hawaii] said. "We've compensated for it a little bit.

That’s good to hear (a little bit). Clairmont is perhaps the most knowledgeable person in the state on Hawaii’s healthcare preparedness. He did not respond to a Dec 28, 2011 email I sent asking for comment on the ER shortage created by the hospital closures. In fact, it was frustrating that no expert I tried to reach out to would comment on whether Oahu was at risk and what could be done about it.

The City Council held a hearing last year at which I testified. A group of doctors told lawmakers at that hearing that they were ready to provide services given a facility, but the Queens Hospital representative stated (paraphrase) that no facility would be available until the hospital reconstruction would be complete, set for 2014. At the same hearing, it was noted that Tripler had stepped forward to accept emergency patients.

After the meeting I spoke to the Tripler representatives about the possibility of setting up outdoor or temporary medical facilities, if not right then, at least in an emergency (which requires prior arrangements and planning). Remember M*A*S*H? It appeared that emergency physicians were available but had no place to treat patients. But nothing came of that idea.

Indeed, if nothing but “a little bit” has been done, the ACEP report should be a message to state and county lawmakers that we are at risk.

And that they need to address the problem and work to better our grades.

 

 

by Larry Geller

Kathryn Xian, candidate for Hawaii’s Congressional District 1, has issued a strong statement on Facebook opposing the Honolulu City Council’s Bill 6, which would criminalize homelessness.

With permission, here is her Facebook event post. Please do not simply reproduce the talking points in your own testimony—study them as a basis for your own words. See below for instructions for submitting testimony.

Again, to be effective, everyone’s testimony should be original and not repeat the words in the talking points.

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Oppose City Bill 6 - Stop Criminalizing the Houseless

Public · By Kathryn Xian

Aloha, Friends!

Once again the City Council has launched an attack on the houseless by re-introducing Bill 6 which would criminalize anyone occupying a tent placed on the sidewalk. As you know, the houseless are on the sidewalk because they cannot be in parks.

The penalty for Bill 6, if passed, is up to a year in jail and/or a $1000 fine.

Please submit testimony and/or show up for the hearing on Tuesday, Jan. 14th at 9am at the City Council Committee room at Honolulu Hale. Spread the word!

You may submit online before Tuesday (1/14):

The Agenda (It's a Committee Meeting so it'll be short):
http://www4.honolulu.gov/docushare/dsweb/Get/Document-146580/011414%20PSED%20Agenda.htm

The link to email your testimony:
http://www1.honolulu.gov/council/emailpsed.htm

Copy of Bill 6: http://www4.honolulu.gov/docushare/dsweb/Get/Document-134353/7lsk1-0h.pdf

IF YOU HAVE TROUBLE SUBMTTING TESTIMONY, EMAIL YOUR DOCUMENT TO:
jtachibana@honolulu.gov,
gmurayama@honolulu.gov,
dching2@honolulu.gov

TALKING POINTS:

1) This bill is unnecessary and would duplicate existing law--laws which may soon be found unconstitutional.

2) The City has already spent over $300,000 in recent weeks removing the houseless from sidewalks, this measure would ensure that the homeless be jailed in our overcrowded prison system, costing taxpayers more.

3) Criminalizing the houseless has proved, in other cities (San Francisco, Los Angeles, South Carolina, Massachusetts), to be massively ineffective and only succeeds in wasting taxpayer dollars.

4) There is no doubt that this bill will disproportionately affect the houseless. Read Bill 6, above.

5) Currently, there are not enough beds at shelters to accommodate the more than 7500 diverse houseless persons that this bill will affect. IHS has a total of 390 beds with less than 90 available. Next Step shelter is often full and must turn away people.

6) Criminalizing the houseless is not only ineffective but also a human rights violation. The UN has called upon the United States to repeal laws criminalizing homelessness http://www.unmultimedia.org/radio/english/2012/04/united-states-urged-to-repeal-laws-criminalizing-homelessness/

Please help!

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By H. Doug Matsuoka
Alert! The City has a plan to disappear the poor and homeless: Honolulu City Council, after deferring Stanley Chang's Bill 59 criminalizing homeless, is pushing Ikaika Anderson's Bill 6 (scheduled for hearing Tues 1/14 at 9am). What's the deal with Bill 6? For merely erecting any "collapsible structure capable of providing human shelter" on the sidewalk or mall you get a year in jail and $1,000.

Who are trying to find human shelter in a collapsible structure on the sidewalk? We should get them off the sidewalk by increasing the minimum wage and reducing the cost of housing, not by providing the prison industrial complex with an influx of cheap/free labor. And at your expense, by the way.

And what of families and children in those collapsible shelters? Do we have the resources available to care for the kids?

Many of those dwelling in collapsible shelters are working -- bread winners for kids under a non-collapsible roof. What happens to those kids?

And what happens to the juveniles who have run away from abusive households to seek shelter in these collapsible structures? Are the juveniles subject to arrest, detention, and trial?

None of these questions find accommodation in the bill or any other ordinance proposed by the City. Bill 6 is sure to cause havoc before being challenged in court where Bill 54 (from 2011) and Bill 7 are.


Why don't politicians attack the root of homelessness and poverty instead of its victims? Why do they act like servants of the rich and corporations?

Bill 6 comes up for second reading (three readings will pass it) on Tuesday, January 14, at 9am at Honolulu Hale. Oppose Bill 6 and the disappearing of the homeless. End the corporate ownership of our government!

Here's a link to Bill 6 itself.
http://www4.honolulu.gov/docushare/dsweb/Get/Document-134353/7lsk1-0h.pdf

The Agenda (It's a Committee Meeting so it'll be short):
http://www4.honolulu.gov/docushare/dsweb/Get/Document-146580/011414%20PSED%20Agenda.htm

Submit testimony by email:
http://www1.honolulu.gov/council/emailpsed.htm

H. Doug Matsuoka
10 January 2014
Makiki, Honolulu

“
Der Spiegel described the Office of Tailored Access Operations (TAO) as "something like a squad of plumbers that can be called in when normal access to a target is blocked."

TAO was originally located at the NSA's headquarters in Fort Meade, Maryland. But the unit has since expanded, with offices in Wahiawa, Hawaii; Fort Gordon, Georgia; Buckley Air Force Base near Denver, Colorado; and San Antonio, Texas.
”

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by Larry Geller

Although the steady stream of Snowden revelations continues to be crucially important, a certain saturation sets in. Overload. Too much. TLDR. I know that these folks evil, spying on everyone without apparent exceptions. Fresh news of what they can see or what they do is no longer as shocking as it was at first.

So I amuse myself by trying to figure out if there is any Hawaii connection. In this item, it was easy. Wahiawa was named explicitly as a nest of NSA hackers, presumably staffed with Snowden-clones each with access to veritable mountains of data that domestic and foreign governments and corporations thought was safe from intrusion:

The top secret unit has succeeded in gaining access to 258 targets in 89 countries. In 2010 alone, it conducted 279 global operations, according to the documents.

Der Spiegel reported that TAO specialists have directly accessed the protected networks of democratically elected leaders of different states. They infiltrated networks of European telecommunications companies and gained access to messages sent over Blackberry's BES email servers - which are considered to be securely encrypted.

[RT.com, ‘Getting the ungettable’: Leaks reveal NSA’s top hacking unit, 1/1/2014]

How long before a new Edward Snowden emerges? Can all of these people be trusted to keep their work secret forever?