HomeMy WebLinkAbout2025-03-03 Sixteenth Amended Traffic Emergency Zone Declaration and Sixteenth Waipi'o Valley Road Declaration of Emergency (2)Fifteenth Amended Traffic Emergency Zone Declaration and Fifteenth Waipi‘o Valley Road Declaration of Emergency Page 2 of 4
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.
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 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 Waipi‘o 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 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, Hawaiʻi 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”) were issued to regulate use of Waipi‘o Valley Road.
Fifteenth Amended Traffic Emergency Zone Declaration and Fifteenth Waipi‘o Valley Road Declaration of Emergency Page 3 of 4
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; Fifth Amended Traffic Emergency Zone Declaration and Fifth Waipi‘o Valley Road Declaration of Emergency, effective May 13, 2023; Sixth Amended Traffic Emergency Zone Declaration and Sixth Waipi‘o
Valley Road Declaration of Emergency, effective July 12, 2023; Seventh Amended Traffic Emergency Zone Declaration and Seventh Waipi‘o Valley Road Declaration of Emergency, effective September 11, 2023; Eighth Amended Traffic Emergency Zone Declaration; Eighth 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 Emergency Zone Declaration
and Tenth Waipi‘o Valley Road Declaration of Emergency, effective March 10, 2024 and Eleventh Amended Traffic Emergency Zone Declaration and Eleventh Waipi‘o Valley Road Declaration of Emergency, effective May 10, 2024; Twelfth Amended Traffic Emergency Zone Declaration and Twelfth Waipi‘o Valley Road Declaration of Emergency, effective July 9, 2024;
Thirteenth Amended Traffic Emergency Zone Declaration and Thirteenth Waipi‘o Valley Road
Declaration of Emergency, effective September 8, 2024; Fourteenth Amended Traffic Emergency Zone Declaration and Fourteenth Waipi‘o Valley Road Declaration of Emergency, effective November 7, 2024; and the Fifteenth Amended Traffic Emergency Zone Declaration