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<br /> <br /> <br /> March 25, 2008 <br /> Page 6 <br /> <br /> northwestern end of the [Mamalahea] M3malahoa <br /> Highway Bypass; and <br /> [e.](3) Resolve bike, pedestrian, and right-of-way <br /> encroachments on Ali`i Drive between Kailua-Kona <br /> and Keauhou; <br /> <br /> ["]f. Test period. Upon the opening of Haleki`i Street for use by <br /> the general public as a public vehicular thoroughfare <br /> <br /> between the M3malahoa Highway Bypass and the <br /> Milmalahoa Highway, a 180-day test period shall <br /> <br /> commence. After the first sixty (60) days have elapsed <br /> within the 180-day test period, the Director of Public <br /> <br /> Works shall submit a report to the County Council <br /> evaluating the effectiveness of the mitigation measures and <br /> <br /> provide recommendations for additional mitigation deemed <br /> necessary as the result of the test. The County Council <br /> <br /> shall take appropriate action in determining the continued <br /> use of Haleki`i Street as a public vehicle thoroughfare; and <br /> <br /> <br /> [(12)]gSunset provisions. The amendment to Ordinance No. 96-8, <br /> amending the portion of Condition [L(4)] L_4 relating to <br /> the construction of a barricade or breakaway gate to <br /> <br /> prevent the use of Haleki`i Street as a vehicular <br /> thoroughfare prior to the opening of the entire Mamalahoa <br /> <br /> Highway Bypass shall sunset upon the occurrence of either <br /> of the following: <br /> <br /> [a.]JL [mitigation] Mitigation measures outlined in <br /> [ ] Conditions <br /> <br /> L.4.a.(1-10) and LA.b.(1-7) above are not <br /> complete and fully implemented within twelve (12) <br /> <br /> months from the effective date of this ordinance; or <br /> [b.](2) [pfieir] Prior to the expiration of the twelve-month <br /> <br /> period, the County Council determines that the <br />