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HomeMy WebLinkAboutMINUTES - 07082003 - SD4 TO: BOARD OF SUPERVISORS r FROM: FINANCE COMMITTEE DATE: JULY 8, 2003 SUBJECT: JOINT USE POLICY SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: ACCEPT report from the Finance Committee;APPROVE the following policy on the Joint Use Program; and REFER the joint use program back to the Finance Committee in November 2003 to review the effectiveness of the program's implementation and report back to the Board. DIRECT staff to make a list of county owned parcels available to the public on the web and DIRECT staff to finalize the permit forms and waivers necessary to implement this policy. II. Financial Impact: There will be an annual impact to the General Fund of up to$25,000. The Finance Committee is recommending a $5,000 allocation for each Supervisorial District to implement Joint Use projects within that District. The split of $5,000 per District is a target and not a fixed allocation. The allocation per Supervisorial District may vary from year to year,but the total for the five Districts would not exceed$25,000 in any given year. The$25,000 is to be Continued on Attachment: „ SIGNATURE: _R,ECOMMENDATION OF COUNTY ADMINISTRATOR. RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER S S IGNATURES : SUPERVISOR GAYLE B. UILKEMA ti ACTION OF BOARD ON rulY 9, APPROVED AS RECOMMiNDED X OTHER See attached addendunfor Board action. VOTE OF SUPERVISORS _L UNANIMOUS(ABSENT Ty ) AYES: NOES: I hereby certify that this is a true and correct copy ABSENT: j� ABSTAIN: of an action taken and entered on the minutes of RMA 'F, t ."5o� U t VACAI?P OrIll.Divi Adubli Works o .io�ni ae os�y.doe the Board of Supervisors on the date shown. Orfg.Dtv: Public Works(Adrrrir.Svcs) Contact: Mitch Avalon(313-2203) c: L.Delaney,Country Administrator's office S.AndersCounty CountyC unselr's0ffice �y ATTESTED: duly 8, 2003 S.Anderson,County Counsel D.Awenius,Real Pr M.Avalon,Deputy-Director 8,Hendry,A&P Center J.Bueren,Deputy Director B.Gilbert,General Services John Sweeten, Clerk of the Board of Supervisors K.Laws,Real Property A.Hing,Risk Management K.Walters,Admin.Services Iron Horse GreenspaceDesign Comm.(c/o Jim Kennedy) and County Administrator M.Longo,General Services Iron Horse Advisory Committee(c%John.Greitzer) D.Barry,Community Development Peter Duncan,:12 Roble Road,Walnut Creek,CA 44596 M.Toms,Comnwnity Development By # !' , Deputy SUBJECT: Joint Use Policy DATE: July 8, 2003 PAGE 2 used for staff costs in reviewing and processing Joint Use projects. Staff costs would be charged to an unfunded mandates account set up for Joint Use processing. The unfunded mandates account resides in the Board of Supervisor's budget and is used to offset costs for Board directed projects when a department is unable to finance the project. III. Reasons for Recommendations and Backuround: On May 23,2000,the Board approved guidelines for the Joint Use of County-owned vacant parcels and approved a two-year pilot project to test and evaluate a Joint Use program. At that time, the Board also referred to the .Finance Committee the task to evaluate the pilot project and Joint Use program and report to the Board on an annual basis, and at the end of two years to report on the effectiveness of the program and any recommended modifications. The Finance Committee received a status report on the pilot projects after the first year and again after the second year. At that time, the Finance Committee felt there was enough information to be able to develop a Joint Use program policy, having identified several modifications to the original guidelines. There are three primary concerns for the County with any Joint Use project. The major concern for the County is the liability exposure of Joint Use projects on County property. Another concern is the cost of operating and maintaining any Joint Use improvements,and the third concern is the potential amount of public controversy or concern with a Joint Use project. Joint Use projects can be segregated by the type of use proposed on a county parcel. Joint Use Projects that are ministerial,passive-use projects would be approved at staff level. Discretionary passive-use projects would be reviewed by the Finance Committee for approval. A third type of Joint Use Project, active-use discretionary projects,would be allowed only if sponsored by another agency or district. The attached charts show different types of Joint Use projects and identifies the level of concern the County has for liability,public concern,and maintenance for each one and identifies the type of use that project represents. Below is the policy on the joint use of county parcels recommended by the Committee. Joint Use Policy A) Definition "Joint Use"means allowing the use of County-owned property for landscaping,enhancements,and recreation,as long as it is compatible with the primary use of the County-owned property and after the primary use has been implemented. The primary use of the property is the purpose for which the County acquired the property, such as a fire station, drainage channel, road, library, or other County building or use. B) Processing Fees The Committee felt that a project applicant should not be charged for processing a Joint Use project. It was proposed that the cost of reviewing and processing Joint Use projects be financed through the Unfunded Mandates account. These permitting and processing costs would be limited to$25,000 per year with a$5,000 target per Board District. The allocation per District may vary from year to year but the total for the five Districts would not exceed$25,000 each year.The Unfunded Mandates account resides in the Board of Supervisors budget and is used to offset costs for Board directed projects when a Department is unable to finance the project. SUBJECT: Joint Use Policy DATE: July 8, 2003 PACE 3 C) Joint Use Criteria The County will allow Joint Use activities providing there is no net fiscal impact to the County, and the applicant plans,implements,and provides for maintaining the Joint Use improvements. An applicant can do this through his or her own efforts or through deposits to the Joint Use Trust Fund. A proposed Joint Use project shall be consistent with the following Joint Use Criteria. 1. Maintaining the primary use of County property is paramount. Any consideration for Joint Use for a County parcel must maintain the viability for the primary purpose for which the parcel was acquired and is being held for. 2. Joint Use will generally be considered after the primary use is implemented. For most of the vacant parcels the County owns,implementing the primary use will preclude any Joint Use until the primary use has been implemented. Once the primary use has been implemented,then a Joint Use proposal could be considered for any portion of the parcel where the Joint Use would be compatible with the primary use. Proposed Joint Use projects should be viewed and designed as permanent facilities. Proposals for temporary Joint Use projects should generally not be approved. The Iron Horse Corridor has an approved Management Program that was prepared through a community-based planning process. The Management Program includes a landscape element, which identifies opportunities and locations for landscaping improvements. The Management Program takes into consideration the ultimate primary use of the corridor to ensure the other various uses are compatible with the primary use. As a result,this policy does not apply in the Iron Horse Corridor. 3. Joint Use is not allowed if the County parcel is to be sold. The County owns some parcels that were purchased specifically for a certain project and upon completion of the project,the remaining parcels will be sold. These types of parcels should not be included in a Joint Use proposal as it would encumber the parcel and make the sale more difficult. This would also include parcels that are planned to be transferred to another public agency. 4. No Joint Use project will be allowed that creates a safety hazard or that cannot be maintained in a safe manner or in a safe environment. 5. The Joint Use project should provide a benefit to the public,County,or local community,and,generally, beautify, enhance or improve the County parcel. 6. No Joint Use projects under this program shall be a commercial venture where the applicant benefits,or generates revenue, from the Joint Use. This type of project would be processed in a different venue. 7. Joint Use projects will have no net negative fiscal impact on the County. D) Joint Use Policy for Passive Use, Ministerial Proiects Passive use,ministerial projects generally consist of the installation of simple,straight-forward improvements funded by the applicant with no agreements,bonding or licenses other than a Joint Use Permit. The Joint Use Permit includes a hold harmless clause,which is consistent with our other encroachment permits that individuals and homeowners SUBJECT: Joint Use Policy DATE: July 8, 2003 PAGE 4 have signed in the past. A volunteer waiver form would be required for maintaining the joint use improvements. Waiver forms are routinely used for volunteer work such as the Friends of Creeks removing noxious weeds from Flood Control property along a creek. Attached is a draft waiver form tailored for a Joint Use project. No fees would be charged to the applicant. All staff costs would be paid by the General Fund from a separate budgeted account. Below is a summary of the various policy recommendations that pertain to passive use ministerial projects. Definition: A passive use ministerial project is defined to include the elements listed below. • The project typically involves beautification of a County parcel by distributing wildflower seeds, preserving seedlings, planting flowers, shrubs, or low-lying bushes, or installing a bench or drinking fountain. The use of the parcel must be passive in nature and the project should be relatively small in scope. • Planting up to ten trees may be allowed if approved by the county property"owner,"and the trees do not create a potential safety hazard or future maintenance obligation. The county property"owner" is the department that has the primary use of the property such as the Fire District for a fire station. + The project should comply with the Joint Use Criteria and have no net negative fiscal impact on the County. The project should be designed to be"built and forgotten",where there is no future obligation for maintenance and no safety concerns. + The project is ministerial and can be approved at staff level. • The project should have low liability exposure, little public interest or concern, and low maintenance. Requirements: The process requirements for this type of project are outlined below: • A Joint Use Permit (including standard hold harmless language) is required for construction of the improvements. No bond would be required with the permit. No permit would be required where little physical work is performed, such as distributing wildflower seeds or preserving an existing seedling, however, a waiver would be required. The applicant applies for the permit at the Application and Permit Center. There is no charge for the permit. • There is no requirement for a license with a hold harmless clause for maintenance. • Drought tolerant native plants should be used in the landscaping design. A"volunteerSS waiver form is required for maintaining the constructed improvements or implementing a joint use project with no physical improvements, such as distributing wildflower seeds. Joint Use improvements shall be maintained by the applicant and not by County staff,unless county staff is paid through the Trust Fund to maintain the improvements. 0 The applicant shall demonstrate to the county property owner(e.g.Fire District,Public Works,etc.)that SUBJECT: Joint Use Policy DATE: July 8, 2003 PAGE 5 the Joint Use improvements can be maintained in a safe manner. • The applicant shall design the Joint Use improvements to be as maintenance free as possible. Implementation: The applicant may consider the following in implementing their project: + The applicant may identify a donor or corporate sponsor to fund a contractor to build or maintain the Joint Use improvements. In recognition of their contribution,an appropriately sized sign (5 to 6 square feet) can be installed to acknowledge the donor or sponsor. The sign would be installed in a location approved by County staff. • Installation and maintenance of Joint Use improvements may be performed by the applicant or by a licensed contractor hired by the applicant. Since the contractor will be working on County property,the contractor should also have insurance and hold the County harmless. + The Joint Use improvements could be installed by the General Services Department and funded through the Joint Use Trust Fund, if the applicant makes deposits into the Trust Fund to cover the installation costs. The applicant may also pay the General Services Department to maintain. the Joint Use improvements by making a deposit into the Trust Fund to cover the maintenance costs. E) Joint Use Policy for Passive Use,Discretionary Projects Any Joint Use project that is a passive use but does not meet the definition of a ministerial project is considered a discretionary project. Discretionary projects can vary greatly in scope. These projects would be reviewed by the Finance Committee to determine the risk exposure and whether to require a license agreement, a hold harmless provision and any other safeguards for the County. It is the Committee's goal to not increase risk or cost to the County. No fees would be charged to the applicant for processing a project permit. All staff costs would be paid by the General Fund from a separate budgeted account. Below is a summary of the policy recommendations that pertain to passive use discretionary projects. License agreements that would be required for improvements in the Iron Morse Corridor/San Ramon Transportation Corridor, road right of ways,or Flood Control District right of ways would be issued by the Public Works Department. License agreements on other County-owned parcels would be issued by the General Services Department. Definition: A passive use discretionary project is defined to include the elements listed below. + The project exceeds the criteria for a ministerial project. + The project should comply with the Joint Use Criteria and have no net negative fiscal impact on the County. • The project would not have a high liability exposure, high public interest or concern, or high maintenance. * The use of the parcel must be passive in nature. (see attached chart for examples) SUBJECT: Joint Use Policy DATE: July 8, 2003 PAGE 6 + The project is discretionary and should be approved by the Finance Committee. Reguire ents: The process requirements and design issues for this type of project are outlined below: + A Joint Use permit is required for construction of the improvements. A bond will likely be required with the permit. + The applicant applies for the permit at the Application and Permit Center. There is no charge for the permit. + Drought tolerant native plants should be used in the design. • The joint use improvements shall be approved by the county property"owner"(e.g. Fire District,Public Works,etc.). + The applicant may identify a donor or corporate sponsor to fund a contractor to build or maintain the Joint Use improvements. In recognition of their contribution, an appropriately sized sign (S to 6 square feet) can be installed to acknowledge the donor or sponsor. The sign would be installed in a location approved by County staff. • Joint Use improvements shall be maintained by the applicant and not by County staff,unless county staff is paid through the Trust Fund to maintain the improvements. The applicant will need a waiver or permit, depending on the project, to maintain the improvements. • The applicant shall demonstrate that the Joint Use improvements can be maintained in a safe manner. • The applicant shall design the Joint Use improvements to be as maintenance free as possible. Discretionary Approval_: The following are items that will be considered by the Finance Committee during their review of the project. There are generally three options the Committee could consider for addressing the liability risk and maintenance for a discretionary project. A copy of those options is attached for easy reference. Some of the following items depend on which of the three options for the proposed project is most appropriate. • Whether a license is required for maintenance activities. • Whether the license includes a hold harmless clause,whether insurance is required, and,as a last resort, consider whether an instrument should be recorded against the applicant's property at the applicant's request. Alternate proposals that provide protection to the County against liability exposure may also be considered. + Whether the Joint Use improvements should be performed by a licensed contractor hired by the applicant. The contractor should also have insurance and hold the County harmless. • Whether the project complies with the Joint Use Criteria and the process requirements outlined above. F) Joint Use Policy for Active Use Discretionary Proiects SUBJECT: Joint Use Policy DATE: July 8, 2003 PAGE 7 The policy requirements and discretionary approval process for these projects would be the same as the passive use discretionary projects. The difference is that these projects are active in nature and typically have a high liability exposure, high public interest or concern,or high maintenance. These types of projects would only be allowed if they are sponsored by another agency or district that would enter into a license agreement with the county to construct,operate,and maintain the joint use facility. Active use,discretionary projects would include staging areas, trails, soccer fields, dog parks, playgrounds, or other similar projects. Examples of a successful active use discretionary project would be a trail sponsored by a park district,a baseball field sponsored by a recreation district, or a trailhead sponsored by a city. There may also be a situation where a county parcel is unknowingly being used for an unauthorized purpose and there is a desire to work through the joint use process for formal recognition of that use. G) Joint Use Trust Fund Discussion A Joint Use Trust Fund will be established where applicants can deposit money for the installation of Joint Use improvements. The deposited funds would be used for constructing improvements on an individual parcel(parcel specific improvements) or on any unspecified parcel countywide (countywide improvements). Parcel-specific improvements are improvements paid for by a donor who deposited money into the trust fund for improvements to a specific parcel. Countywide improvements are improvements paid for by deposits to the trust fund that were not earmarked for any particular parcel and can therefore be used on any county owned parcel. The Trust Fund would also provide the opportunity for applicants to submit funds for the maintenance of joint use improvements. One potential issue with the trust fund concept is the expectation that people would have for an accounting of future expenditures against "their account" and an expectation established for providing a certain level of service. The administrative cost of accounting and monitoring each deposit separately,and reporting on the activities funded from each deposit at some future date when requested, would be expensive. However, if only those deposits for parcel- specific improvements are tracked, then the administrative costs should be much less. The role of General Services staff would generally be the installation of the improvements and maintenance would typically be done by the project proponent or applicant. However, General Services staff would perform the maintenance work if there are funds deposited in the Trust Fund specifically for maintenance purposes. An alternative means of providing long-term maintenance with County staff would be through a County Service Area or Landscaping District where long term funding is assured. County staff from the General Services Department will be installing the improvements, which would be limited to planting shrubs and trees. The installation costs would be funded from deposits made into the trust fund. It is assumed that a project proponent will come forward with a request to construct a particular project proposal. The Iron Horse Corridor also has a trust fund that is set up specifically for funding improvements and maintenance of improvements within the corridor. If the Joint Use Trust Fund receives deposits for improvements or maintenance specifically for the Iron Horse Corridor,they should be transferred to the Iron Horse Corridor Trust Fund. However, if deposits are made to the Joint Use Trust Fund for General Services to construct improvements in the Iron Horse Corridor or maintain s ecific improvements in the Iron Horse Corridor in accordance with the Iron Horse Corridor Management Program and approved by the Iron Horse Corridor Advisory Committee,those deposits should remain in the Joint Use Trust Fund to fund the work performed by General Services. General Services will coordinate work in the Iron Horse Corridor with the Iron Horse Corridor Advisory Committee. Recommendations: The following recommendations are for the Joint Use Trust Fund: SUBJECT: Joint Use Policy BATE: July 8, 2003 PACE 8 • A Trust Fund would be established in the General Services Department for accepting deposits for installation and/or maintenance of Joint Use landscaping for either parcel-specific improvements or countywide improvements. « Deposits made for countywide improvements would not be tracked individually. Only deposits for parcel-specific improvements would be individually tracked. « General Services would install the landscaping improvements if sufficient deposits are made into the Trust Fund specifically for installation. « General Services would maintain the landscaping improvements if sufficient funds are deposited into the Trust Fund specifically for maintenance. « If maintenance is not funded through the trust fund, then long-term maintenance of the landscaping improvements would be performed by the project proponent. The critical maintenance period is during the plant establishment period,which is usually 3 to 5 years. Parcel-Specific I roveents: The following are the process requirements for parcel-specific improvements. It is assumed that General Services is installing the Joint Use improvements for a project proponent proposing a"small project." The project proponent would likely be a citizen or neighborhood group. • A project proponent or proponents will identify and define their desired improvements on a specific parcel. The project proponent shall submit a sketch plan to the General Services Department identifying what landscaping improvements they would like installed on the parcel. • The General Services Department will review with the County"property owner"(e.g.Fire District,Public Works Department, etc.) the requested improvements for compliance with the Joint Use Criteria and applicable process requirements to insure the improvements are compatible with the primary use of the parcel. + General Services will estimate the costs to install the landscaping improvements. At that time the project proponents will deposit funds to cover the estimated costs and General Services would install the landscaping. Alternatively, if the cost estimate is not affordable, General Services could reduce the amount of landscaping to match a deposit amount the project proponents can afford. • If agreement cannot be reached on the scope and cost of the improvements,the deposit will be returned to the applicant at the applicant's request. « General Services will report to the Finance Committee,on an annual basis,the deposits made for parcel- specific improvements. Couni3aide Improvements: The following are the process requirements for trust fund deposits made for countywide improvements. The trust funds would be allocated to projects similar to a grant program. « Trust fund deposits for countywide improvements will be tracked in an aggregate nature by General Services and reported to the Finance Committee on an annual basis. SUBJECT: Joint Use Policy DATE: July 8, 2003 PAGE 9 • The Finance Committee will solicit input on an annual basis for landscaping projects to be funded throughout the County with the countywide trust fund deposits. Insufficient funds in any one year maybe rolled over to the next year. • Applications forprojects will be reviewed by the"property owner"(e.g.Fire District,Public Works,Etc.) for compliance with the Joint Use Criteria and applicable process requirements. + The Finance Committee will prioritize the projects for funding in the event there are more projects than there are funds available. All District Supervisors will be notified of the proposed projects and any District Supervisor with more than one project will have the opportunity to provide input on prioritizing the projects within their District. • Joint Use improvements funded by trust fund deposits may be installed by General Services staff. Alternatively, the improvements may be installed by the project proponent, or a contractor hired by the project proponent,by following the process requirements applicable for the type of project proposed. If the improvements are installed by the project proponent,the trust fund will only pay for"out of pocket" expenses and not for"volunteer labor." Maintenance of Improvements The following are the process requirements for Trust Fund deposits used specifically for maintaining Joint Use improvements. It is assumed that the Trust Fund deposits would be made for maintaining improvements on specific parcels and not for countywide maintenance activities. A project proponent would identify Joint Use landscaping to be maintained on a specific parcel. This would probably be in conjunction with the installation of parcel-specific landscaping improvements. • General Services will estimate costs to maintain the landscaping improvements on an annual basis. The project proponent will deposit the funds necessary to cover the estimated costs of maintenance for a specified time period. • General Services will perform the maintenance of landscaping improvements until the funds are depleted. No General Services Department,General Fund,or other County revenue will be used to supplement the maintenance activities. H) Attachments The following items referred to in the above joint use policy are attached: DRAFT Joint Use Permit form —DRAFT Joint Use Waiver form Discretionary Review Options —Joint Use Projects and County Concerns Chart Joint Use Projects by Use Chart IV. Consequences of Negative Action: Policy on Joint Use would not be adopted. Shaded Areas are for Office Use Only NIRA COSTA COUNTY PUBLIC WORKS DEPART .iPLICATION AND PERMIT CENTER r /651 PINE STREET,2FLOOR,NORTH WING ��r MARTINEZ,CA 94553 7 (925)335-1375 (925)335-9376 ' rhendry@pw.co.contre-costa.ce.us RIGHT OF ENTRY/JOINT-USE PERMIT Permit to do work In accordance with the special requirements shown or fisted Wain. Read this Permit carefully, Keep this Permit at the work site. �Parmittae Q _0 0Address Phone No.: CitylstataI Pax No.: contact Person Phone No.: td contractor License No.. Phone No.: Address Fax Na.: C tylStafe2E Contact Person Phone No.: Project 9esorfpticn: to c xn Location or Sita Address ANN Burt vat Protected Cotrgliat{on date c ProFasiy r}Ymar . Construotion Entity&Funding source Maintenance Entity&Funding source The Permittee agrees to save,Indemnify and hold harmless the County of Contra Costa,Its officers,employees and agents from all liabilities Imposed by taw by reason of injury to or death of any person(s)or damage to property,including without limitation for trespass,nuisance or inverse condemnation,which may arise out of the work covered by this permit and does agree to defend the County,its officers,employees and agents against any claim or action asserting such a liability, Accepting this permit or starting any work hereunder shall constitute acceptance and agreement to all the conditions and requirements of this permit and the ordinance and specifications authorizing issuance of such permits. c Signatura of f'ermtttee pate Nrfnt Name T#tie ftabert B.Hendry ll#,far MauNae M.Shia.Public Works p rector,Lantra Costa Cauniy pate Offlca Use bnf 3 clow 7h#s Line awt NOA DRAFT JOINT-USE OF COUNTY PROPERTY V()LU TEM WAI'V'ER FORM--AGREEMENT WT TO SUE I,the undersigned,have requested the right to enter ante property located at ,which property is owned by Contra Costa County, for the purpose of completing minor landscaping improvements. I understand that entering onto the County's property for such a purpose exposes me to risk of personal injury, death, or property damage. I hereby agree that I am voluntarily participating in this Joint-Use activity, and agree to assume all or any such risks. I hereby release, discharge, and agree not to sue Contra Costa County, the Contra Costa County Flood Control and Fater Conservation District, their Beards or their employees for any injury, death, or damage to or loss of personal property arising out of or in connection with my participation in the Joint-Use activity from whatever cause,including active or passive negligence of the County, the District,or any other participant in the Joint-Use activity. I HAVE CAREFULLY READ THIS WAIVER AND AGREEMENT NOT TO SUE, AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT OF MY OWN FREE WILL. 100202JointUse waiver doe U�tions for Large Joint Use Proiects The following is a description of the three options for large projects outlined in the September 11, 2002 memo to the Finance Committee. The options are included here for reference when considering the policy summary outlined in the memo to this attachment. Option One—Full Protection: Under this option the applicant is assumed to be an individual or group of neighbors desiring to install Joint Use improvements. The applicant would be required to execute a Joint Use Permit for the construction activities. A performance bond would also likely be required with the permit and inspection services would be to a higher level than for a simple permit. A license agreement would be required for the maintenance activities. The license agreement would include a hold harmless and indemnification provision in addition to insurance requirements. Because the applicant would most likely be an individual or loose knit group of neighbors, and not a legally recognized organization, then an instrument should be recorded against the applicant's property to guarantee the long-term availability viability of the hold harmless and insurance provisions. • Joint Use permit required for construction. • License required for maintenance activities. • License requires hold harmless clause and insurance. Option Two— Full Protection Through.Another Entity: The applicant in this case would be a legally recognized organization, such as a Rotary club, a homeowners association, a city, an incorporated group, a park district or other public agency. The requirements would be the same as Option One with a Joint Use Permit covering the construction activities and the license agreement covering the maintenance. In this case there is no requirement for an instrument to be recorded against the property because the applicant is a legally recognized organization that can obtain and maintain proper insurance. As an example, this type of project was done on the San Ramon Transportation Corridor (Iron Horse Trail) in the Danville area. The Town of Danville was the applicant and planned, designed and built entry features on the trail where it crossed into Danville. • Joint Use permit required for construction. • License required for maintenance activities. • License requires hold harmless clause and insurance executed by a legally recognized organization. Option Three—Minimal Protection: With this option the applicant would execute a Joint Use Permit to cover the construction activities, but a license agreement would not be required and no hold harmless clause would be executed. It is assumed that the applicants, in this case, would be individuals or a loose knit group of neighbors and not a legally recognized organization. This option would result in the greatest liability exposure to the County. If the unthinkable occurs and something goes wrong with the project, or someone is injured as a result of the project, then the County would be fully liable for any resultant claims. The settlements of the claims would then have to be borne by the County's General Fund through the Self-Insurance Program. • Joint Use permit required for construction. • No license required for maintenance. • No hold harmless clause required and no insurance required. MMS:RMA:1z(14!14/02) G:\GrpData\Admin\N4itch\Joint UseVoint Use Options.doc b irrr � tw .IG CAM ,MEMO y t m:5 ° av � t.� 79 I 3 i � I x x > 1 � a I A � w I I� �c x x ..moi I X X x ISI � i X X x x x x >C >C X X x 7 A ADDENDUM TO ITEM SDA July 8, 2003 The Board of Supervisors considered the report from the Finance Committee regarding a policy on the Joint Use Program. Mitch Avalon,Public Works Department presented the staff report and recommendations. The Board discussed the matter, Supervisor Gioia requested that staff amend the language in the policy to include approval by the district supervisor on all projects and return to the Board of Supervisors with the amended policy. The Chair invited those who wished address the Board on this matter. The following person presented testimony: Peter Duncan, 112 Roble Road,Walnut Creek. The Chair then returned the matter to the Board for further discussion. Supervisor Uilkema then moved to approve the staff s recommendation as amended. Supervisor Gioia seconded the motion. The Board took the following action: ACCEPTED report from the Finance Committee; APPROVED the policy on the Joint Use Program; DIRECTED staff to amend the policy that project approval by the district supervisor is established and return the amended policy to the Board of Supervisors; REFERRED the joint use pro am back to the Finance Committee in November 2003 to review program the effectiveness of the program's implementation and report back to the Board; DIRECTED staff to make a list of county owned parcels available to the public on the web; DIRECTED staff to finalize the permit forms and waivers necessary to implement this policy. REQUEST TO SPEAK FORD {THREE ('3) XI1WTB L XXX) Complete this form and,;, place it in the box near the speakers' rostrum before addressing the' Board. Name �y r Phone: . : 0 city:- Address: y- I am speaking for myself or organization: r y-, (now of Or"nizetion) CHECK ONE: I wish to spew. on Agenda Item # '' Date ' �� ✓� L y My comments will be: general for against I wish 'to spear on the subject of _ I coo not wish to speak but leavethese comments for the Board to consider: