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HomeMy WebLinkAbout2024-09-05 Mayor's Waipio Valley 13th Amended Traffic Emergency (final) �YY of k a ��� Deanna Ssako Mitchell U. Roth �"��"'. Vcf)or % uuhrra /MGz7or [2s�taert 11.C"rrrnanand ��'�. : ,rx M�»"fv I�arr+ara if�ncrtdnr;!)ireetur cf,VUUN of 4!Irf of Nh+i#� ( ffiCr a f f f I r Iur 25 Aupuni Street,Suite 2603 * Hilo, Hawaii 96720 (808)961-8211 Fax(808)961-6553 KONA 74-5044 Ane Keohok5lole Hwy Bldg O • Kailua-Kona Hawaii 96740 (808)323-4444 r Fax(808)323-4440 Thirteenth Amended I'll-atfic Emergency Zone Declaration And Thirteenth Waipi`o Vallee Road Declaration Of Emergency WI fl,"R.FIA S, Waipi`o Valley Road is a f'Our-wheel drive County road located on the northern Ilan-taktia Coast of l lawai`i Island. The road is narrow and winds dowry the steep hillside, of the scDrrth valley w r11, WH RI;AS, Waipi`o Valley Road is the only vehicular ingress and egress for \Vaipi`o Valley. WI IF;RFAS, Waipi`o Valley Road is used by residents of Waipi`o Valley, fanners who transport agricultural products gro"n and harvested in Waipi"() Valley. flawai`i County residents. visitors, and authorised tour operators. W1IFRf,;AS, Wa pi`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"tyre road are unpassa.ble for- tvvo vehicles. Limited sight distance along the road hampers driver ability- to safely navigate oncoming traffic and pedestrians ill the roacl\ay. W111"REAS, \Vaipi`o Valley Road descends about 800 feet in elevation over approximately 4100 feet. Rock OLItcropping and vegetation overhang the road. Wllf-.RI,'AS, Waipi'o Valley Road can experience significant an-counts ofrunoff', particularly after heavy rains. I listorically. the ('oerrlty closes the road following periods of heavy rain and to clear rock, soil and vegetation which has fallen on and across; the road. W1IERf;AS, a slope failure occurred in \larch 2019 firllovving heavy rainfall and high streanif ovv associated with ffurricanc Lane. The primary slide wrys approximately 500 feet tall. and 70 feet wide. Additional upslope landslide events occurred in April 2018 and February 2019. W'llfi;R.I;A``S, on or ab(-rrrt April 2. 2020, the: County hired a c;orrsultant. 1-lart Crowser, to conduct a Preliniinary t icotechnical F;rrgincering F"valuation. (_ountN of`lkm ai'i is an I qual Op porwnit% Pr o ider and I:rnprylrryer I hirteenth Amended I iaffic Fnmgency z,one Declaration and I hineenth Waipi n V ffley Road Declaralion ol'Fmergnlcy Page 2 M'4 WHEREAS, the County"s receipt of the completed. I Jart Cro\,N'ser*s Preliminary Geotechnical Report dated JanUary, 2022 ("Report'"") occurred in January 2022, W I IERE'AS, 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. WHF',RF'AS, the County retained Hart Crowser, now a division of Raley & Aldrich, to further evaluate Waipi'o Valley, Road and recommend specific mitigation measures to make the road safe. Wf IFIREAS., Haley & Aldridge submitted a report to the County dated September 30, 2022 entitled Rockfall and Slope Instability Mitigation and Conceptual Design Surnniary Report "Summary Report" wherein it recommended a phased mitigation approach to address nUrnerotis hazards along the roadway. (See Summar) WI IEREAS, the Departnient of Public Works held an initial COMMUnity meeting on October 26, 2022, at the gymnasium in I lonokaa and discussed the findings of the SUruniary Report as well as plans to make additional safety irnprovements to the roadway. I lie o\erall schedule and impacts to the community during the 2 to 3-year construction were discussed. Wl IEREAS, rernediation efforts have commenced to increase the safety of'Waipi'o Valley Road and are ongoing. Fo this end, the County is finishing mitigation work (referred to as Phase I ) 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 peil'ortning further mitigation activities. WHEREAS. the Current condition poses substantial endangerment to public health and safety, and warrants preerrIptive and protective action in order to provide for the health, safety. and welfare of the people using the road who will be negatively impacted it"the road fails and residents are unable to enter and exit Waipi'o Valley. WHERFAS, the current danger to pedestrians navigating Waipi*o Valle), Road presents an unacceptable risk that cannot be corrected absent regulations and/or rernediation. WI IERII'AS, limiting vehicular access genet-ally, and, specifically, to drivers familiar with the Current road conditions is a necessary action for vehicular navigation ot'\k'aipi'o Valley Road until adequate retnediation measures can be irrIplernented. WFIERF"AS, I lmvai'i Revised Statutes ("IMS"), Section 264-1.5, pert-nits establishment of 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 Waipicr Vallee Road. Thmeenth Amendeu Traffic V'nwrgenc,,1(me Dedufanon and lhirteenth Wuip o Valley Road Declwanon ofFineqclic" Page 3 of \XIIE`RT'AS, on February 25, 2022. aTruffitc L`.mcrgency Zone Declaration wasestablished for the Waipi*o Valley Road ("'Traffic Declaration-) and the Mayor's Waipi'o Valley Road Emergency Rule No. I ("Emergency Rules-) were issued to regulate use of Waipi'o Valley Road. WFFI,,'RFIAS, FOHOWing issuance ofthe Traffic Declaration and EATiergency Rules, the (.',OLjnty field public meetings, received comments from the corniliunity, responded to lawsuits, clarified certain findings made in the Summary Report, and retained Haley & Aldrich to conduct further gcotechnical studies to recommend rernediation measures necessary to improve the dangers presented by the current condition of Valley Road, I I WA IFAFAS, I-IRS §127A-14 authorizes the mayor to declare an emergency has occurred. WIIF'RF'AS, IIRS §I 27A-2 defines in emergency to include an Occurrence which results or nary result in substantial injury or harm to the population or substantial damage to or loss of property. WHEREAS, I-IRS §127A-14(c) vests the mayor with sole authority to judge the existence; of the danger, threat., or c irCL1rll stances giving rise to a declaration of a state ofernergencv. WHE'Rt-AS. eftective September 19, 2022, a. First Waipi'o Valley Road Declaration of YI-nergency, was established for the Waipi'o Valley Road (" Declaration of Emergency"). Wflf"IRI'AS. effective September 19, 2022, an Amended Traffic Zone Declaration was established for the Waipi'o Valley Road ("A raffic Declaration"). WIIERI-.,'AS,, the Traffic Declaration and Declaration of"Emergency have remained in effect pursuant to the Second Amended Trafflic Emergency Zone Declaration and Second Waipi'o Valley Road Declaration ofEmergency 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 F"inergency, effective January 13, 2023; Fourth Amended Traffic Erriergency Zone Declaration and I"()Urth Waipi'o Valley Road Declaration of Emergency, effective March 14, 2023: F'ifth Amended Traf'fic Emergency Zone Declaration and Fifth Waipi'o Valley Road Declaration of L"merge ncy, effective May 13., 2023; Sixth Amended 'Fraffic F"mergency, Zone Declaration and Sixth Waipi'o Valley Road Declaration of Emergency, effective July 12, 2023; Seventh Amended "Traffic Emergency Zone Declarati(,,)n and Seventh Waipi,o Valley Road Declaration of t,"niergency, effective September H, 2023, Eighth Amended Traffic F1'nlergcncy Zone Declaration; I'lighth Waipi'o Valley Road Declaration of Emergency, effective November 10, 2023; Nineth Amended Traffic Emergency Zone Declaration and Nineth Waipi'o Valley Road Declaration of' Emergency. effective January 10, 2024; "Tenth Amended Traffic f"'Irnergency Zone Declaration and F'enth Waipi'o Valley Road Declaration of Emergency, effective March 10. 2024 and Eleventh Amended Traf ic Emergency Zone Declaration and Eleventh Waipi'o Valley Road Declaration ofErnergency, effective May 10, 2024: '1 welt"th Amended Traffic Emergency Zone Declaration and Twelfth Waipi'o Valley Road Declaration ofErnergericy, effective September 7, 2024 (collectively "I raffic and Road Emergency L)eclarations"). Thirteenth Amended Traffic Emergency Zone Declaration and Thirteenth Waipi`o Valley Road Declaration of Emergency Page 4 of 4 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. 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 September 8, 2024, and continuing through November 6,2024. NOW, THEREFORE,the Mayor's Waipi`o 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 this,54'-day of September,2024 in Hilo,Hawaii. ` Mitchell D. Roth Mayor County of Hawaii APPROVED AS T FO 7K3 L ALI Y: Sinclair s-Fe use I HEREBY CERTIFY that above is a Deputy orpo ion Co true and correct copy ofthe original now on file in my office. County Clerk