Requests to formally contest a pending parking contract over management of coveted stalls at the state- controlled Ala Wai Small Boat Harbor are being recommended for rejection.
The state Department of Land and Natural Resources and Division of Boating and Ocean Recreation today are expected to submit requests to the Board of Land and Natural Resources to deny three petitioners’ requests to hold contested case hearings — quasi-judicial proceedings similar to a court trial in which BLNR, like a judge, is deemed the tribunal in such hearings.
Requests to deny these hearings stem from BLNR’s decision in December to grant a short-term contract extension for parking management at the harbor. Renewal of an existing vehicle parking concession contract and accompanying revocable monthly permit to Secure Parking Hawaii LLC came amid backlash over a proposal by DOBOR to make changes at the harbor, including the option of doing away with free recreational parking.
In November, DOBOR announced plans that include either converting all 900 of the harbor’s parking stalls to paid spaces or eliminating permit parking and reducing 300 current free parking stalls to just over 100.
In the interim, DOBOR recommended Dec. 7 that BLNR continue its contract with Secure Parking.
In a split vote the board approved the company’s existing permit for up to six months while the state Department of the Attorney General reviews and drafts a new Secure Parking concession for a three-year period.
Secure Parking was last awarded the contract for Ala Wai harbor in September 2021.
But prior to that vote, Kate Thompson, who represents a group called Kamaaina Boaters, requested a contested case hearing, objecting to continuing that parking concession.
Thompson told the board she wanted a “true investigation of what is going on” between Secure Parking — which monitors parking meters — and the harbor’s contracted tow company, Mr. Tow LLC, over allegations of “collusion” over towing practices at the harbor, as a means to boost business profits.
“The meter expires and the tows are immediate,” Thompson told the board in December, “and that is not consistent with anywhere else … where people are towed for a meter overstay. … It’s a severe penalty to the public.”
At the same meeting, Margaret Hallahan, via virtual testimony from her home in San Francisco, also requested a contested case hearing.
A longtime user of Ala Wai harbor, Hallahan said the basis of her requested hearing was over Secure Parking’s not holding community outreach over its parking concession despite being required to do so.
Similarly, Hallahan wanted the state to finally disclose information she’d previously asked for related to state-owned parking meter software that’s supposed to track meter collections and revenues, in particular for Secure Parking.
Since then DOBOR Administrator Ed Underwood filed requests with BLNR to deny petitions for contested case hearings sought by Thompson, Kamaaina Boaters, Hallahan as well as Karen Boyer, based on claimed failures to meet state administrative rules and related criteria to hold such hearings.
Underwood’s recommendations to deny included Thompson’s contention that she’s a boat owner at Ala Wai boat harbor.
“However, holding a permit to moor a vessel at the Ala Wai small boat harbor does not establish any legitimate claim of entitlement regarding the details of parking management and enforcement at the harbor’s public parking facility,” Underwood states. “The Board should deny petitioner’s request for a (contested case hearing) on the continuance of the (revocable permit) to Secure on this basis alone.”
On Thursday, Thompson told the Honolulu Star- Advertiser that DOBOR’s denials, in part, are being requested so details of Secure Parking and Mr. Tow LLC contracts and business practices gain no further scrutiny.
“They don’t want the public to know that there were over 2,000 tows last year and only nine citations were given,” she said. “Basically, by us doing the contested case hearing, we’re blocking it.”
DLNR could not immediately be reached for comment about the state’s request to deny these requested hearings.
In December, BLNR’s vote followed the expiration of Secure Parking’s revocable permit, which occurred Nov. 10 — the day after a scheduled BLNR meeting was canceled.
Prior to the Dec. 7 vote, board Chair Dawn Chang — noting, in part, the expired but still continuing Secure Parking contract — also asked DOBOR staff whether there would be changes to Ala Wai harbor’s parking plan.
“At this time nothing has changed,” DOBOR’s Underwood replied.
Still, Chang said the board anticipated DOBOR to do more public outreach over long-standing community concerns. In particular, she noted towing as a persistent public complaint.
“I don’t know if there’s any truth to it, but what I’m hearing is somebody’s waiting; as soon as that parking meter expires, they’re coming in with the tow truck; I’m hoping that’s not happening,” Chang said.
In a November news release, DLNR announced plans for the Ala Wai harbor and its 900 parking stalls — which the agency says are split evenly between permitted, paid and free recreational parking stalls.
Two parking options were proposed:
>> Eliminate permit-based and free recreational parking stalls. All stalls would become paid stalls.
>> Eliminate permit parking stalls and restrict free recreational parking to the area fronting the Hilton Lagoon, resulting in about 125 free parking stalls.
According to Underwood, either alternative, if approved by BLNR, will address the issue of people using Ala Wai harbor for “non-harbor- related activities.”
Besides parking stalls, DOBOR says it also seeks to raise hourly parking rates to $2 from $1, which it says is consistent with public parking charges at many state-run facilities.
DOBOR staffers recommend that parking times for free spots be reduced to three hours from six. DLNR noted that it’s the concessionaire’s responsibility to conduct community outreach over these parking changes.
The BLNR meeting will be held at 9 a.m. inside the DLNR Boardroom, Kalanimoku Building, 1151 Punchbowl St., first floor.
For more information, call 808-587-0400 or visit dlnr.hawaii.gov/boards-commissions/blnr-board.