Posted on: Thursday, August 5, 2004

Portlock assures beach access

By Suzanne Roig
Advertiser East Honolulu Writer

HAWAI'I KAI — For more than a year now, fishermen, surfers and other beachgoers have enjoyed unfettered access through any right of way lane along Portlock beach.

And now a letter from the Portlock Community Association seeks to assure both the city and beach users that there won't be any more locked gates along Portlock Road like the one that generated considerable controversy — even confrontation — after it was erected in 1997.

The city has fought to maintain public access, but in light of the association's letter and no reports of access problems of late, has decided not to pursue condemnation or other legal action.

But beachgoers point to a gate in the 200 block of Portlock Road and say they fear it could easily become another access problem.

"When I see a gate, I feel like I'm locked out of my ocean," said surfer Rob Santiago. "The ocean should be for everyone, not just for the people who own property on it."

Homeowner Bruce Robin said he put up the gate because his beach accessway is directly in line with a bus stop on Kalaniana'ole Highway. He wanted to deter any homeless people from sleeping on the beach or others from going to the beach at "all hours of the night."

The gate was installed about a year ago and continues the tropical theme of Robin's driveway gate. Robin said he obtained city permits to put up the gate.

"It's a simple operation to open, just move the lever," Robin said. "The gate is more for decoration. The beach is public and even though these are private driveways, we're not trying to keep anyone off the beach."

There are 18 accessways on Portlock Road, and each is owned equally by the surrounding property owners.

It was seven years ago that a resident at 377 Portlock Road erected a gate that blocked entry to a popular surf spot called Seconds and focused attention on public access. At one point, a city councilman brought out a locksmith to remove a lock from the gate, resulting in a heated exchange with the homeowner, who said he put up the gate because of concerns about noise and his family's safety.

The city eventually initiated condemnation proceedings to acquire the six-foot-wide path. The city's suit was recently thrown out because the city failed to give adequate notice to area property owners.

The homeowner who erected the gate has since moved, and the gate has been taken down.

The association's position is not a new one. In 1990 the association assembled enough lot owners and obtained approval from at least one owner per lane who agreed to keep the lanes open to the public, according to Jim Leavitt, vice president of the Portlock Community Association.

The letter of understanding from the Portlock Community Association is not a legally binding agreement, but shows the intention of the community to work with beachgoers, said City Councilman Charles Djou.

Though he doesn't favor condemnation because of the costs involved, Djou said the city always will have the right to exercise that option to take land for the public good.

"The Portlock Community Association needs to know that the city has the ability to condemn the accessways," Djou said. "If they keep the access open we don't need to condemn. It's important that the threat of condemnation be there."

Still, beachgoers are leery. They worry that without a publicly owned accessway, homeowners could change their minds, said surfer Jim Kirk, who has been active in pursuing open beach access.

But Leavitt, Robin's neighbor, said there's no need to worry about the gate — that accessway is regularly used by the public.

"He did it to harmonize with the decor," Leavitt said. "The gate doesn't prohibit access. The public knows it can go through there.

"I can assure you that no one feels deterred by the gate."

Reach Suzanne Roig at sroig@honoluluadvertiser.com or 395-8831.