2022-11-14 Emergency Rule No. 1 & 2- Waipi'o Valley Rd cont. & 2nd amended traffic emergency zone declaration

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i 1 WHEREAS, the County's receipt of the completed Hart Crowser's Preliminary Geotechnical Report dated January 2022 ("Report") occurred in January 2022. I 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 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. VSTHEREAS, Haley&Aldridge submitted a report to the County dated September 30, 2022 entitled Rockfall and Slope Instability Mitigation and Conceptual Design Summary Report wherein it recommended a phased mitigation approach to address numerous hazards along the roadway. h s",ty_A aiicounty.Lot,,;`f1omc/SIIOmpu§alisheddocument'305385/63 800 4920 44000 00 . WHEREAS, the Department of Public Works held a community meeting on October 26, 2022, at the gymnasium in Honokaa and discussed the findings of the report as well as plans to make additional safety improvements to the roadway. The overall schedule and impacts to the community during the 2 to 3-year construction were discussed. 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. 2