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Home My WebLink About2023-07-12 Sixth Amended Traffic Emergency Zone Declaration and and Third Waipio Valley Road Declaration of Emergency M Lee E.Lord Managing Director- Mitchell D.Roth { Mp°r Robert H.Command `r Dep ay Alonoging Director F Op NF` M County of Hawai . Office of the Mayor 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 3 Sixth Amended Traffic Emergency Zone Declaration And I Sixth 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 Hawaii 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 authorized 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. I { WHEREAS, on or about April 2, 2020, the County hired a consultant, Hart Crowser, to s conduct a Preliminary Geotechnical Engineering Evaluation. !i County of Hawaii is an Equal Opportunity Provider and Employer. 3 i I I 1 i ( Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipio Valley Road Declaration of Emergency Page 2 of 4 i WHEREAS, the County's receipt of the completed Hart Crowser's Preliminary Geotechnical 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 to make the road safe. =i 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 Sammary Report). WHEREAS, the Department of Public Works held an initial 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. WHEREAS, remediation efforts have commenced to increase the safety of Waipio Valley Road and are ongoing. To this end, the County is finishing mitigation work(referred to as Phase 1)which commenced on or about June 1, 2023, and has plans to perform additional work over the next two (2) years (referenced currently as Phase 2 and Phase 3). A public meeting was held on May 1,2023, to discuss road conditions,planned work, and additional meetings are planned prior to performing further mitigation activities. 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 Waipio 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 Waipio 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. Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipi'o Valley Road Declaration of Emergency Page 3 of 4 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") were issued to 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 Summary Report, and retained Haley &Aldrich 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 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. WHEREAS, effective September 19, 2022, a First Waipi'o Valley Road Declaration of Emergency was established for the Waipi'o Valley Road ("Declaration of Emergency"). WHEREAS, effective September 19, 2022, an Amended Traffic Zone Declaration was established for the Waipi'o Valley Road ("Traffic Declaration"). WHEREAS, the Traffic Declaration and Declaration of Emergency have remained in effect pursuant to the Second Amended Traffic Emergency Zone Declaration and Second Waipi'o Valley Road Declaration of Emergency were established for the Waipi'o Valley Road ("Second Amended Declarations"), effective November 14, 2022;Third Amended Traffic Emergency Zone Declaration and Third Waipi'o Valley Road Declaration of Emergency, effective January 13, 2023; Fourth Amended Traffic Emergency Zone Declaration and Fourth Waipi'o Valley Road Declaration of Emergency, effective March 14, 2023; and Fifth Amended Traffic Emergency Zone Declaration and Fifth Waipi'o Valley Road Declaration of Emergency, effective May 13, 2023 (collectively"Traffic and Road Emergency Declarations". WHEREAS, pursuant to the Declaration of Emergency and Traffic Declaration, Emergency Rule No. 2 and Emergency Rule No. 1 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, effective November 14, 2022 ("Emergency Rules"). WHEREAS, the Emergency Rules have continued in effect pursuant to the effective Traffic and Road Emergency Declarations. Sixth Amended Traffic Emertrencv Zone Declaration and Sixth Waipio valley Road Declaration of Emergency Page 4 of 4 WHEREAS,the conditions giving rise to the Traffic and Road Emergency Declarations still exist. NOW, THEREFORE, I, MITCHELL D. ROTH, Mayor of the County of Hawaii, 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 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. NOW, THEREFORE, I MITCHELL D. ROTH, Mayor of the County of Hawaii do, further, proclaim and declare that an emergency has occurred effective July 12, 2023, and continuing through September 11, 2023. NOW, THEREFORE, the Mayor's Waipio Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 shall remain in effect. IN WITNESS WHEREOF, I have hereunto set my hand thist2'day of July, 2023 in Hilo, Hawaii. Mitchell D. Roth Mayor County of Hawaii APPROVED AS TO FORM AND LEGALITY: Elizabeth Strance 2023.07.11 10:20:19 -10'00' Elizabeth A. Strance Corporation Counsel Lee E.Lord Managing Director Mitchell D.Roth Malvor Robert H.Command Deputy Managing Director of tA4 GUUN vf(PWual-,T- Offirr, of f4r4avar 25 Aupuni Street,Suite 2603 * Hilo, Hawai'i 96720 * (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohok,51ole Hwy.,Bldg C * Kailua-Kona,Hawaii 96740 {808)323-4444 . Fax(808)323-4440 July 12, 2023 C TO: Jon Henricks, County Clerk Office of the County Clerk Z! FROM: Mitchell D. Roth, Mayor County of Hawaii RE: Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. I Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipi'o Valley Road Declaration of Emergency Transmitting Mayor's Waipi'o Valley Road Continued Emergency Rule No. 2 and Emergency Rule No. 1 ; Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipi'o Valley Road Declaration of Emergency issued by Mayor Mitchell D. Roth to the County Clerk, custodian of records. Received by: Print Name: W\A Date: County of Hawaii is an Equal Opportunity Provider and Employer.