Monday, April 13, 2015

City Bill 3 violates Hawaii Constitution, Creates Highway To Hell Death Trap

City Bill 3 violates Hawaii Constitution, Creates Highway To Hell Death Trap

John Bond   Kanehili Cultural Hui

West Oahu residents does it take you an hour and a half each way?
Get ready for 2 ½ hours or MORE.  It’s coming, thanks to your City Council and Bill 3.  http://www.hoopilitraffic.com

 

The Honolulu City Council believes cars from 53,000 homes will fit into one lane. And now they are preparing to approve urban zoning for 12,000 additional homes at Ho’opili. Around Easter in April Oahu drivers got a taste of the horrific disaster that is coming to West Oahu. This will become a future environmental disaster that could lead to many deaths because there is NO WAY OUT.

Included some very useful graphics to make this testimony fairly simple to follow:
Most of it comes from the Important Agricultural Lands workshops from Phase I. The workshops intentionally prevented attendees from reviewing very obvious IAL lands such as Hoopili. Important issues such as Food Security were also not allowed to be a consideration.

It is very important to realize that even with a strong pro developer bias and DDP’s attempt to stack the deck towards the decisions the workshop was structured to deliver, the attendees arrived at a final analysis which concluded that an arbitrary urban boundary was NOT an important criteria in making an Important Agricultural Land decision.

    The important IAL criteria was the OBVIOUS:

    1.     Currently used for agricultural production
    2.     Soil Qualities and Growing Conditions
    3.     Sufficient quantities of water.
    4.     With or near support infrastructure.

The intent of Bill 3 to take this highly important agricultural land forever out of ag production will be absolutely the worst decision ever made by the Honolulu City Council and haunt those who vote for it.

It should be defered until the land is IAL mapped as per the Constitution.

1964 Oahu General Plan – designated Ag-1 and in production

2003 Oahu General Plan – designated Ag-1 and in production

2012 Oahu General Plan – designated Ag-1 and in production


The City DPP will soon stage three public hearings on the Oahu Important Agricultural Lands Mapping Project which will be a PR attempt to explain why they are acting in behalf of land developers rather than the Hawaii State Constitution Article XI, Section 3.


Nothing in Chapters 205 or Act 183 says State Law "Prevents" IAL Mapping Ho’opili totally qualifies under ALL criteria as IAL. 35-40% of local produce comes from Ho’opili.  All past stated political and legislative goals and agendas have been for “greater agricultural self-sufficiency and less dependence on imported foods.”


Previously we have learned that HART Rail contractor Parsons Brinkerhoff graded West Oahu Ewa Plain rail right of way lands, in US Natural Resource Conservation Service Farmland Impact Conversion Rating Form (NRCS-CPA-106), as being SUB PAR and LOW AG VALUE, while five agricultural experts rated the same lands using NRCS-CPA-106 as nearly twice as high and meeting the Important Ag Land standard.


The purpose of the IAL Study is supposed to be to fulfill a constitutional mandate to identify ALL of the City’s candidate lands for IAL designation.


City DPP: “State law does not allow land identified for urban use by the State or county to be designated as IAL.” – FALSE! This is purely a City political determination for land sprawl development schemes and not the intent of the State Constitution or HRS 205. 


Despite City DPP trying to steer IAL workshop attendees the consensus was that any politically set boundary was NOT of primary importance to identify IAL.


City Council Reso and Agricultural Liaison Show Intent- But Thwarted By DPP

Be it resolved by the Council of the City and County of Honolulu that the City’s Agricultural Liaison is urged to expedite the identification and mapping of important agricultural lands and ensure that the IAL maps support and protect farming by stabilizing the agriculture land base.

Honolulu City Council Reso 12-23 states "lands to be mapped even if in an Urban Boundary." The City DPP had testified during the committee hearing that Urban Growth Boundaries can be modified if IAL are identified.

The intent of the Constitution supersedes ALL administrative boundaries. Now City DPP is told to intentionally deceive the public in their IAL meetings where major IAL decisions of interest to the community are already made and pre-determined.

Hoopili would have been mapped had the mapping taken place in 1978 or in 2012 when the City Council passed CCR 12-23, CD-1, FD-1, or when Laura Thielen issued her City Ag Liaison Report which clearly stated the process and the mandate to follow the Hawaii State Constitution. 

Government Data, Maps All Shows  

Ho’opili Is An Important Agricultural Land

The State of Hawaii for many decades in the Oahu General Plan identified Ewa Plantation and Ho’opili as Agricultural Land and why to this very day the land is classified as “AG-1.” 


The State of Hawaii ALISH map shows the Ho’opili area as PRIME AG (Agricultural Lands of Importance to the State of Hawaii – ALISH)

The State of Hawaii Land Study Bureau (LSB) map shows Ho’opili as top rated soils A & B.

And here is WHY City DPP is running this fraudulent land conversion scheme:


Section 4 (f) Federal Transportation Projects: Farmland Protection Act

Minimize impacts on farmland and maximize compatibility with state and local farmland programs and policies. All projects that take right-of-way in farmland, as defined by the regulation.

Farmland Protection Policy Act of 1981:  7 U.S.C. 4201-4209
1. Early coordination with the NRCS.
2. Land evaluation and site assessment.
3. Determination of whether or not to proceed with farmland conversion, based on severity of impacts and other environmental considerations.
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Bill 3 Is Anti Food Security And  

Creates An Environmental Disaster Condition

Ho’opili will create a SOCIAL INJUSTICE - ENVIRONMENTAL DISASTER for H-1 Commuters and is NOT “Smart Growth” Transit Oriented Development.

A quote from State of Hawaii DOT director Brennon Morioka from 2009: "Even under a best case scenario, which includes an optimistic rail transit operation, the H-1 freeway would operate at LOS E with the Ho`opili project. At LOS F, there is gridlock on the freeway." (LOS - level of service.)


Important Historic and Cultural Aspects Of Ewa Plain Lands Under FTA Review

Currently the Federal Transit Administration has been notified by the HART Programmatic Agreement manager that the entire Ewa Plain –HART Rail Area of Potential Effect (APE) has four identified and unmitigated Traditional Cultural Properties (TCP’s)


The land also has considerable major issues with mass iwi kupuna burials of hundred of thousands of native Hawaiians over 1000 years of Honouliuli habitation, many of whom died shortly after Western contact with diseases they had no immunity for, and also buried anti-aircraft explosive ordinance fired from Pearl Harbor gun batteries at retreating Japanese planes on December 7, 1941. 

There is also a Federal level to this which are four identified Traditional Cultural Properties associated with the lands in Bill 3


Hawaiian artifacts were often found in the sugar cane fields after heavy rains or flooding. Iwi burials were commonly found in the coral sinkholes and caves around the plantation and were treated with due respect and avoidance.

Many credible sources say there are tens of thousands of burials because this area was a significant population center for approximately 1000 years which ended with the mass death of 95% of the population within a short span of time due to contact with Western diseases that the native Hawaiians had no natural resistance to.

Ewa Farm Land Conversion To Commercial Development Unconstitutional

Ewa Farmland Conversion Impact Rating


West Oahu Eco-Disaster: HART Rail Hitting Karst Water, Sea Caves And Polluting Ewa-Honoululi-Waipahu Wetlands

West Oahu's greatest natural apocalypse is unfolding, with hundreds 
of 8 foot in diameter, 200 foot deep drill bores, the ancient karst water, sea caves and 
wetlands are being fractured and polluted, then to be followed by 
a major new asphalt and concrete city based around 
three huge HART Rail Transit Oriented Developments.

The already fragile Ewa Plain ecosystem based on natural clean water will be destroyed.

HART Rail Ewa Plain Route Drills Into Major 1000 Year Old Native Hawaiian Burial Grounds

By John Bond,   Kanehili Cultural Hui

The Great Honouliuli Ewa Apocalypse Returns