A bill banning all commercial activity at Kailua Beach Park got the second of three needed approvals from the City Council Wednesday evening.
City Parks Director Gary Cabato urged Council members to delay a vote to allow his staff to come up with a fee system that would allow some commercial activities. But Council members said parks officials could come up with a new plan even with Wednesday’s 8-0 approval.
About 50 people testified on the measure, with supporters outnumbering those opposed to a total ban by 4 to 1.
Many spoke of how a once-tranquil community park has been overrun by too many kayaks and too many tour buses.
Kailua resident Mark Gallagher said the bill re-establishes the notion that parks are primarily for residents. "It’s a privilege to operate a business within a park, it’s a right for the people to use the park," he said.
Lanikai resident Roger Ulveling, former director of the state Department of Business, Economic Development and Tourism, said that carrying capacity is a major concern. Neither restroom facilities nor roads in the area are adequate, and rescues caused by too many water recreational craft have cost the city money, he said.
"The situation there has gotten out of hand," Ulveling said. "I don’t object to tourists coming … I do object to the buses and the staking out of territory within the park by some of these commercial activities."
Not all Kailua residents supported a total ban.
Becky Zienkiewicz, who operates a commercial "mommy group" known as Stroller Strides out of Kailua Beach Park, would cease to work out of there if there is a blanket ban.
"Stroller Strides is not just an exercise group," she said. "We’re a support group, a social network, an ohana. By preventing all commercial activities in the park, you’re affecting not only the kayak companies and tourist businesses but also small, local businesses that cater to the Kailua community."
Waimanalo resident Laura Thielen, former director of the state Department of Land and Natural Resources, suggested that Council members consider changing the law to allow for civil penalties rather than criminal ones.
"Whatever you pass, it must be enforceable," Thielen said. "Right now, the Parks Department only has the authority to enforce their regulations through the criminal justice system."
Cabato, the parks director, said he liked Thielen’s idea and will try to incorporate it into his proposal. "The biggest key is enforcement," he said.
Under questioning, Cabato said his plan will likely involve incorporating park rangers who would enforce permitted activities at the park.
Cabato said he would likely propose four permitted commercial water activity companies that would be able to drop off and pick up customers from the mauka side of Kawailoa Road, away from the main portion of the beach park.
Several kayak companies drop off and pick up customers from that area now. Cabato, however, said they are not permitted to do so.
The companies would need to provide safety instructions to customers before arriving at the site, he said.
The strollers, and possibly other types of activities, may be issued additional permits, Cabato said.
Councilman Ikaika Anderson, who introduced the blanket ban, said he’s dubious about the administration’s efforts.
Anderson said parks officials first promised to come up with a plan for permitted activities a year ago. "Now you’re telling us to wait until June?"
Also Wednesday night, the Council voted 6-2 to advance a bill that would allow the Parks Department to increase the price of the city’s seven-week Summer Fun program to $75, a 200 percent increase from the current $25 fee.
Cabato said the program cost $5 million last year for 8,578 participants. The city recouped $165,000 from registration fees.
Last year, 1,959 youths qualified for waivers.
Council members Tom Berg and Ernie Martin voted against, saying they don’t support an increase for a program that many families view as necessary. Other members expressed similar concerns.
Martin said he favors abolishing a fee entirely, and suggested the city could eliminate funding for the Office of Economic Development and use the savings to subsidize Summer Fun.
"When monies are tight, we have to prioritize," Martin said.
Earlier Wednesday, the Council voted unanimously to approve on final reading Bill 30, which allows people who keep horses on agricultural lands to once again be eligible for significant tax breaks.
Horse owners and stable operators testified that their livelihood and their ability to own horses were being jeopardized because of a bill approved by the Council last year meant to curb "gentlemen’s farms," properties where no agriculture is occurring.