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Home My WebLink About2022-09-15 Traffic Emergency Zone Declaration and Waipio Valley Road - Amended Emergency Rule 1 and 2 J�SY Oi::::::.. :gyp• -n •. .� ,,'_, Lee E.Lord,'Ld• �,• Managing Director Mitchell D.Roth +C�k WO:+•% Mayor _ e�-` Robert H.Command ►`+:•' • Deputy Managing Director ••TE OF HDA Count r iif Allan @f ct >if ter 411agor 25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740 (808)323-4444 • Fax(808)323-4440 o C.01 -Cs CP,. September 15, 2022 177 TO: Jon Henricks, County Clerk = =`— Office of the County Clerk ``' w � FROM: Mitchell D. Roth, Mayor County of Hawai'i RE: Mayor's AMENDED Traffic Emergency Zone Declaration and First Waipi`o Valley Road Declaration of Emergency and Mayor's Waipi`o Valley Road Emergency Rule No. 2 and Emergency Rule No. 1 Transmitting the above listed documents issued by Mayor Mitchell D. Roth to the County Clerk, custodian of records. • Received by: Print Name: � Date: A`122 • County of Hawaii is an Equal Opportunity Provider and Employer. Y OF Jt • ,h cR•�4 '4%, Lee E.Lord 44,• Managing Director Mitchell D.Roth +i PC: Mayor Robert H.Command ',Nr•M+;.. . Deputy Managing Director TF OF M►•�. ...- Cn axx� r afRafitail ®ffirr of fir 4Lii ur 25 Aupuni Street,Suite 2603 • Hilo,Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 AMENDED TRAFFIC EMERGENCY ZONE DECLARATION AND FIRST WAIPI`O VALLEY ROAD DECLARATION OF EMERGENCY WHEREAS, Waipi`o Valley Road is a four wheel drive County road located on the northern Hamakua Coast of Hawai`i Island. The road is narrow and winds down the steep hillside of the south valley wall. WHEREAS, Waipi`o Valley Road is the only vehicular ingress and egress for Waipi`o Valley. WHEREAS,Waipi`o Valley Road is used by residents of Waipi`o Valley, farmers who transport agricultural products grown and harvested in Waipi`o Valley, Hawaii County residents, visitors, and tour operators. WHEREAS, Waipi`o Valley Road presents significant safety risks. For example, it lacks shoulders or adequate troughs to catch falling rocks and debris. The road is slippery,particularly after heavy rains, and adequate stormwater infrastructure is lacking. Some portions of the road are unpassable for two vehicles. Limited sight distance along the road hampers driver ability to safely navigate oncoming traffic and pedestrians in the roadway. WHEREAS, Waipi`o Valley Road descends about 800 feet in elevation over approximately 4100 feet. Rock outcropping and vegetation overhang the road. WHEREAS, Waipi`o Valley Road can experience significant amounts of runoff, particularly after heavy rains. Historically, the County closes the road following periods of heavy rain and to clear rock, soil and vegetation which has fallen on and across the road. WHEREAS, a slope failure occurred in March 2019 following heavy rainfall and high streamflow associated with Hurricane Lane. The primary slide was approximately 500 feet tall and 70 feet wide. Additional upslope landslide events occurred in April 2018 and February 2019. WHEREAS, on or about April 2, 2020, the County hired a consultant, Hart Crowser, to conduct a Preliminary Geotechnical Engineering Evaluation. WHEREAS, the County's receipt of the completed Hart Crowser's Preliminary Geotechnical Report dated January 2022 ("Report") occurred in January 2022. County of Hawai`i is an Equal Opportunity Provider and Employer. 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 NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawai`i, do hereby proclaim and declare a traffic emergency zone for Waipio Valley Road due to the substantial danger to the health, safety, and welfare of the people which is or is highly likely to be caused by the temporary closure of, or the lack of adequate access to Waipio Valley Road. The Traffic Emergency Zone Declaration is hereby amended effective September 1, 2022, continuing thereon until February 25, 2027, unless further amended, terminated, or superseded by a separate proclamation, whichever shall occur first. Pursuant to HRS § 264-1.5(a), a hearing shall be held before Stephen M. Pause, Director for the Department of Public Works, on September 16, 2022 at 2:00 pm (HST) via Zoom Conferencing. Access to the conference may be accomplished as set forth below: Join ZoomGov Meeting https://www.zoomgov.com/i/1616553 524?pwd=cGFYbjFUVkJEWHB SMDMvVz1Kdm1MQT0 9 Meeting ID: 161 655 3 524 Passcode: 590773 One tap mobile +16692545252„1616553524#US(San Jose) +16692161590„1616553524#US (San Jose) Dial by your location +1 669 254 5252 US (San Jose) • +1 669 216 1590 US (San Jose) +1 551 285 1373 US +1 646 828 7666 US (New York) Meeting ID: 161 655 3524 Find your local number: https://www.zoomgov.com/u/aetNzz84M NOW, THEREFORE, I MITCHELL D. ROTH, Mayor of the County of Hawai`i do, further, proclaim and declare that an emergency has occurred effective September 15, 2022, and continuing to November 15, 2022. NOW, THEREFORE, the Mayor's Waipi`o Valley Road Emergency Rule No. 2 and Emergency Rule No. 1 shall be effective September 19, 2022 at 9:00 am. Until that time Mayor's Waipi`o Valley Road Emergency Rule No. 1.issued on February 25, 2022 shall remain in full force and effect. 3 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawai`i to be affixed. Done this 15th day of September, 2022 in Hilo, Hawai`i. Mitchell D. Roth Mayor County of Hawai`i 4 JNZVfOF M, cR +.,', Lee E.Lord • 1; �,'5 Managing Director • Mitchell D.Roth Mayor -----'i'_£'-_ Robert H.Command •tfj: OF H•41,' Deputy Managing Director COWINcv ®ffire of trio Attturnr 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961=8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawai'i 96740 (808)323-4444 • Fax(808)323-4440 Mayor's Waipi`o Valley Road Emergency Rule No. 2 and Emergency Rule No.1 Pursuant to the authority vested in me by Hawaii Revised Statutes ("HRS") Sections 264-1.5 and 127A-25(a), the County of Hawaii's police powers, and due to the public welfare, health and safety concerns presented by the current conditions of the Waipio Valley Road and the impact of closure on those located in Waipi'o Valley if the road is closed or fails, I hereby adopt and promulgate the following rules which have the force and effect of law. This Emergency Rule is based on the statements contained in the Amended Traffic-Emergency Zone Declaration and First Declaration of Emergency for Waipio Valley Road, and reflects revisions made to the original Rule issued on February 25, 2022 based upon further community input and consultation with experts. I, Mitchell D. Roth, Mayor of the County of Hawaii, hereby authorize the following: A. Waipio Valley Road Closure Waipio Valley Road shall be closed, subject to the express limited exceptions herein. This includes, but is not limited to: 1 . Prohibition of all pedestrians; 2. Prohibition of uncovered vehicles, including but not limited to ATV's; and 3. Prohibition of horseback access. B. Limited Access Exceptions 1. Vehicular access by Hawaii County residents, permitted licensed/insured tour operators, and Native Hawaiians claiming exercise of traditional and/or customary rights. County of Hawaii is an Equal Opportunity Provider and Employer. Mayor's Waipio Valley Road Emergency Rule No. 2 And Emergency Rule No. 1 Page 2 of 3 a. Vehicles and passengers shall abide by existing traffic laws, including: i. Vehicular use is limited to low-range, four-wheel drive vehicles (All wheel drive vehicles are not considered low range, four- wheel drive vehicles); ii. Gross vehicle weight rating (GVWR) shall not exceed 10,000 pounds except for utility and emergency vehicles, or existing vehicles used for transit of agricultural products; iii. Vehicles shall be engaged in four-wheel drive mode at all times; iv. Vehicle passengers shall be seated in enclosed compartments of vehicles designed for passenger seating and wearing seatbelts; v. Makai-bound vehicles shall yield to mauka-bound vehicles. b. Licensed/insured tour operators must obtain a permit from the Mayor's Office. Please call (808) 961-8211. i. Permits shall be effective for a period of four (4) months from date of issuance. 2. The Mayor may grant individual exemptions to this rule upon request and shall explain the purpose for which Waipi'o Valley Road will be used and upon sufficient showing that safety precautions consistent with these rules are in place. The decision to grant or deny a request is within the sole discretion of the Mayor. Request shall be submitted to the Mayor's Office at 25 Aupuni Street, Suite 2603, Hilo, Hawaii 96720. C. Regardless of Limited Access Exceptions Pursuant to Section B, Complete Closure During Significant Weather Events 1. Waipio Valley Road shall be closed for all use, or access further may be limited, during significant weather events as determined by the Hawaii County Civil Defense Agency in consultation with the Department of Public Works. 2. This rule is not intended to limit the legal authority of government agencies to close, or limit use, of Waipi'o Valley Road as otherwise provided by law. County of Hawaii is an Equal Opportunity Provider and Employer. Mayor's Waipio Valley Road Emergency Rule No. 2 And Emergency Rule No. 1 Page3of3 D. Closure and Limited Access During Periods of Construction Access to Waipi'o Valley Road may be closed or further restricted during active road repair and/or mitigation activities. The Department of Public Works will hold public meetings as part of its road utilization planning during periods of road construction. Information and updates regarding the Waipi'o Valley Road may be found at Bulletins Hawaii County, HI Public Works . THIS RULE SHALL BECOME EFFECTIVE ON SEPTEMBER 19, 2022 AT 9:00 AM, until that time Waipi`o Valley Emergency Rule No. 1, issued on February 25, 2022 shall remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaii to be affixed. Done this 15th day of September, 2022 in Hilo, Hawaii. - Mitchell D. Roth Mayor County of Hawaii • County of Hawai'i is an Equal Opportunity Provider and Employer.