Editorial: Ko Olina violates trust

Here’s an instructive example on why people don’t trust developers: Ko Olina public beach access.

On Tuesday, Ko Olina Resort issued notice that it plans to ban public access to three of its four lagoons, starting next month through Feb. 1.

“Ko Olina feels it’s necessary to separate community and visitor populations to minimize the potential of COVID spread,” the resort said in its “Ko Olina Shoreline Parking Reopening Plan” sent to city and state officials.

Shame on Ko Olina for trying to use COVID as an excuse to privatize three of four lagoons for its hotel guests and condo owners, over the legal rights of the public and longstanding public policy. Hawaii law protects free access to all shorelines, per the visionary 1993 Hawaii Supreme Court decision, Public Access Shoreline v. Hawaii County Planning Commission.

Beach access at Ko Olina, via dedicated public parking stalls, was a condition imposed on the developer when it gained a Special Management Area (SMA) permit from the city to develop its hotels and the four manmade lagoons. But preserving that public access has been an intermittent, ongoing challenge over the years.

Most recently: Just two months ago, the city warned Ko Olina Resort about its shoreline access and parking issues, after rightful complaints about the resort’s attempts at barring access.

Though Oahu’s beaches had been reopened to public activity since mid-May, “we have been informed that the public parking lots for beach access have remained closed … ” the city Department of Planning and Permitting wrote to the resort on Aug. 4. “Going forward, it should be understood that if beaches are open on Oahu, access and parking associated with Ko Olina Resort beaches should be open to the public.”

Ko Olina’s response to the city’s directive to reopen? It sent over its Tuesday notice to ban public access to three of its four lagoons, citing COVID separation.

Encouragingly, the city on Thursday issued a violation notice, saying the closure of public parking lots that provide access to the Ko Olina Resort lagoons violates the resort’s SMA permit “and must be corrected immediately.” Without swift corrective action, DPP said, civil fines would be imposed and the matter may be referred to the prosecuting attorney for appropriate action. Good.

Ko Olina Resort’s director of destination marketing said it was “working with the city” — and on Friday, said Lagoon 4’s public parking lot was to reopen today. But the resort maintained the desire for temporary private use of Lagoons 1-3.

Whether it be at Ko Olina or elsewhere, all users of Hawaii’s shorelines must remain vigilant, to ensure that unfettered public access will continue.

Struggling to pay the rent

Making the rent in Hawaii is hard on a good day. During this coronavirus pandemic, it’s becoming impossible for many.

The latest survey by the University of Hawaii Economic Research Organization (UHERO), which polled 271 landlords and property managers, gives a troubling, if not definitive, picture of how COVID-19 has upended the lives of many Hawaii residents as of Aug. 15:

>> More than 11,000 households are behind on the rent. That’s roughly double the pre-pandemic number.

>> The vacancy rate was 9% for August. Before the pandemic, it was 4%.

>> About 5% of tenants (more than 9,000 households) were more than 60 days behind on rent. Pre-COVID, the number was 2%.

>> The vacancy rate rose from 4% pre-COVID, to 9%.

Even those who can pay on time may be suffering quietly.

“While 85% of tenants are current, the job figures suggest that a substantial portions of those households have experienced at least one job loss, forcing them to sacrifice well-being to pay their rent,” UHERO said.

To address the problem, Gov. David Ige did two important things: Last month he authorized $100 million in rent relief from CARES Act funds, going back to March. He also extended a moratorium on evictions for nonpayment of rent until Oct. 31.

Three more weeks is a short window to get a lot done. Officials expect that $100 million will be enough to help struggling renters and their landlords — who would be paid directly — survive through the end of the year.

That will require no small amount of patience and cooperation for both sides to work through the bureaucratic processes such programs require. Good-faith efforts by both renters and landlords could help weather this storm. After all, landlords and property managers are hurting, too: According to UHERO, about 40% said they were struggling.

What’s encouraging, according to the UHERO survey, is that landlords expressed a willingness to help — up to a point. About 73% said they were willing to defer rent or give a payment plan. About 43% would lower rent, and 31% would waive or discount rent. (Survey participants were asked to select all that apply.) Only 17% said they would not consider those options.

Still, the future looks cloudy. It’s hoped that more federal stimulus, extending into next year, will continue to support renters as needed. But the best solution is a revived economy, so that those hit by COVID-19 can get back to work and pay their bills.