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Home My WebLink About2023-03-10 Fourth Amended Traffic Emergency Zone Declaration and and Third Waipio Valley Road Declaration of Emergency(iD Lee F. Lord Mitchell D. Roth ,I -,Robert ❑. Cornmand 1). it 1)", Tounty of ttfutti`i Office afff�e��lHugur 25 A,unl Street, Suite 2603 • Hllo, Hawaii 96720 • (808) 961-8211 • Fax (808) %l 6553 KONA. 74-5044 Are Keohokalole Hwy.. Bldg C • Kailua-Kona, Hawarl 96740 (808) 323>444 , Fax (808) 3234440 FOURTH AMENDED TRAFFIC EMERGENCY ZONE DECLARATION AND FOURTH WAIPI`O VALLEY ROAD DECLARATION OF EMERGENCY WHEREAS, Waipi'o Valley Road is a four wheel drive County road located on the northern I lamakua Coast of I lawai'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. fa mers 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. 'I he road is slipperyparticularly after heavy rains, and adequate stormwater infrastructure is lacking. Some portions of the road are impassable 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 per ods 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 streamilow associated with Hurricane Lane. The primary slide was approximately 5,90 Feet tall and 70 feet wide. Additional upslope landslide evcnis occurred in April 2018 and February 2019. WHEREAS, on or about April 2, 2020, the County hired a consultant, Hart C rowser, to conduct a Preliminary Geoteehnical Engineering Evaluation. C'nunp of I lawoi'i ,, on Equal 00ao1unq Pmcidtt and I inplycr. f inh An,n&d I air, I:mcrgca} t Jareli ni and Fourth Waipio Valley Road Ikdararo„ . -ally ucy Page 2 di 4 WHEREAS, the County's receipt of the completed Hart Crowser's Preliminary Gcotechnical Report dated January 2022 ("Report') occurred in January 2022. 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 Waipio 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 Waipio Valley Road and recommend specific mitigation measures '.o make the road safe. WHEREAS, Haley & Aldridge submitted a report to the County dated September 30. 2022 entitled Rockfall and Slope Instability Mitigation and Conceptual Design Summary Report "Summary Report" wherein it recommended a phased mitigation approach to address numerous hazards along the roadway. (See Summary Report). 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 Summary 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. WIIEREAS. remediation efforts have commenced to increase the safety of Waipio Valley Road and are ongoing. 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 residents are unable to enter and exit Waipio Valley. WHEREAS, the current danger to pedestrians navigating Waipib 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 Walpi'o Valley Road until adequate remediation measures can be implemented. WHEREAS. Hawaii Revised Statutes ("FIRS"), 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 Waipio Valley Road ("Traffic Declaration") and the Mayor's Waipio Valley Road Emergency Rude No. 1 ("Emergency Rules") occurred and which currently regulate use of Waipio Valley Road. I'ounh Amended I mate Lmcrscnm1 Jamtlon and I'o,mh Ara, , Vnkl Rnad Dcclomiiu_ Ya^v 3 nl A WI IFREAS, following issuance of the Traffic Declaration and Emergency Riles, the County held public meetings. received comments from the community-, responded to lawsuits, clarified certain findings made in the Summary Report, and retained I Ialcy & Aldric t to conduct further geotechnical studies 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 Fas 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, he existence of the danger, threat, or circumstances giving rise to a declaration of a state of emergency. WHEREAS, effective on September 19, 2022 a First Waipi'o Valley Road Declaration of Emergency was established for the Waipi'o Valley Road ("First Declaration of Emergency"). WHEREAS, effective on September 19. 2022, an Amended Traffic Zone Declaration was established for the Waipi'o Valley Road ("Amended Traffic Declaration'). WHEREAS, effective November 14, 2022, a Second Amended Traffic Emer>_ency Zone Declaration and Second Waipi'o Valley Road Declaration of Emergency were established for the Waipi'o Valley Road ("Second Amended Declarations"). WHEREAS, pursuant to the First Declaration of Emergency and Amended "I rabic Declaration, Emergency Rule No. 2 and Emergency Rule No. I were issued on September 15. 2022, with an effective date of September 19, 2022. WHEREAS, pursuant to the Second Amended Declarations, the Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 were issued, elle.etive November 14, 2022 ("Emergency Rules"). WHEREAS, the conditions giving rise to the Second Amended Declarations and Emergency Rules still exist. NOW, THEREFORE, 1, MITCHELL D. ROTH, Mayor of the County of Ha,sai 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 Second Amended Traffic Emergency Zone Declaration remains effective. September 19. 2022, continuing thereon until February 25. 2027, unless further amended, terminated, or superseded by a separate proclamation, whichever shall occur first. i m h Am,, A&d Traffic , b,w,i n anA lollrth A4,,pi'o valley HoaA Dxlarahc. . mergence Paac J ,t 4 NOW. TI IFREFORE. 1 MITCHELL D. ROTH, Mayor of the County of Havrai'i do, further. proclaim and declare that an emergency has occurred effective March 14, 2023. and continuing to May 13. 2023. NOW, THEREFORE, the Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. I shall remain in effect. IN WITNF,SS WHEREOF, I have hereunto set my hand this day of Marh, 2023 in Hilo. Hawaii. Mitchell D. Roth Mayor County of I lawai'i Mel u� 4� i Lee F. Lord -' u� A{rnngrng Orvvorrn Mitchell D. Roth t14`'or Robert H. Command �iy. ��j�� D"", lb,,, Director Counfg dpaluni`i Mff rr of flee lAnUar 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96120 • (808) 961-8211 • Fax (808) 961-6553 KONA, 74-5044 Ane Keohok2lole Hwy.Bldg C • Kailua-Kona, Hawaii 95]40 (808) 3234 44 • Fax (808) 3234440 March 10, 2023 C-- c- A TO: Jon Henricks, County Clerk Office of the County Clerk 3 . Q y m -. FROM: Mitchell D. Roth, Mayor County of Hawaii RE: Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi'o Valley Road Declaration of Emergency Transmitting Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1; Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi'o Valley Road Declaration of Emergency issued by Mayor Mitchell D. Roth to the Ccunty Clerk, custodian of records. Received by: —cam Print Name: Date: 3IIo�2I Gmmy ofHmra, I k nn Fquel «ponuvlty I'rovidu mid L nployer.