2022-09-15 Traffic Emergency Zone Declaration and Waipio Valley Road - Amended Emergency Rule 1 and 2

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WHEREAS, the Report provided geotechnical data regarding the current condition of the road and hazard ratings associated with those condition, which further detailed the described the dangers Waipi`o Valley Road poses to the health, safety and welfare of the people. WHEREAS, the County has retained Hart Crowser, now a division of Haley&Aldrich, to further evaluate Waipi`o Valley Road and recommend specific mitigation measures to make the road safe. WHEREAS,the current condition poses substantial endangerment to public health and safety, and warrants preemptive and protective action in order to provide for the health, safety, and welfare of the people using the road who will be negatively impacted if the road fails and to residents unable to enter and exit Waipi`o Valley. WHEREAS, the current danger to pedestrians navigating Waipi`o Valley Road presents an unacceptable risk that cannot be corrected absent regulations and/or remediation. WHEREAS, limiting vehicular access generally, and, specifically, to drivers familiar with the current road conditions is a necessary action for vehicular navigation of Waipi`o Valley Road until adequate remediation measures can be implemented. WHEREAS,Hawaii Revised Statutes ("HRS"), Section 264-1.5,permits establishment of a traffic emergency zone in response to substantial endangerment to public health and safety which is or is highly likely to be caused by the temporary closure of, or the lack of adequate access to Waipio Valley via Waipio Valley Road. WHEREAS, on February 25, 2022 a Traffic Emergency Zone Declaration was established for the Waipi`o Valley Road ("Traffic Declaration") and the Mayor's Waipi`o Valley Road Emergency Rule No. 1 ("Emergency Rules") occurred and which currently regulate use of Waipi`o Valley Road. WHEREAS, following issuance of the Traffic Declaration and Emergency Rules, the County held public meetings,received comments from the community, responded to lawsuits, clarified certain findings made in the Report, and retained Haley&Aldrich to conduct further geotechnical studies and to recommend remediation measures necessary to improve the dangers presented by the current condition of Waipi`o Valley Road. WHEREAS, HRS §127A-14 authorizes the mayor to declare an emergency has occurred. WHEREAS, HRS §127A-2 defines an emergency to include an occurrence which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. WHEREAS, HRS §127A-14(c)vests the mayor with sole authority to judge the existence of the danger, threat, or circumstances giving rise to a declaration of a state of emergency. 2