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HomeMy WebLinkAboutMINUTES - 02251992 - EA.2 EA.2 TO: BOARD OF SUPERVISORS --------- FROM: AFFAIRS COMMITTEE f �lr .FROM: �' SUPERVISOR NANCY C. FAHDEN, CHAIR c. 'f_ "- SUPERVISOR TOM TORLAKSONCounty °uSTA C..-.ft DATE: FEBRUARY 4 , 1992 SUBJECT: IMPLEMENTING ADOPT-A-ROAD/PARR AND LITTER ABATEMENT PROGRAMS . . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Designate March, .1992 as Keep Contra Costa Beautiful Month; Authorize the Community Development Department in cooperation with Public Works Department and General Services Department to implement Contra Costa Beautiful efforts, the Adopt-A-Road/Park and Litter Abatement Program; Direct Community Development Department to contact fast food businesses throughout the unincorporated areas of County advising them of the Litter Abatement Ordinance and providing such fast food businesses with a copy of the Ordinance. Working with them on its implementation through hiring of school students or coordinate with community groups participating in Adopt-A-Road/Park and Litter Abatement Program. Direct the Community Development Department to contact Community groups, .Boy and Girl Scouts, YMCA and YWCA, providing them with Adopt-A-Road/Park and Litter Abatement Program. Packets. Direct Community Development Department to share information to all cities throughout County, advising them that City of Antioch and County have established Adopt-A-Road/Park and Litter Abatement Programs and requesting that all cities adopt and, implement similar programs to keep Contra Costa Beautiful. Authorize Community Development Department to explore staffing Adopt-A--Road/Park and Litter Abatement Program with Senior Volunteers. CONTINUED ON ATTACHMENT: R YES SIGNATURE �a RECOMMENDATION OF COUNTY ADMINISTRATOR xx RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : superviso Nancy Fanden, Chair Supervisor Tom Torlakson ACTION OF BOARD ON APPROVED AS RECOMMENDED V OTHER AUTHORIZED staff to offer to the YWCA the first opportunity to adopt a .road in recognition of their leadership efforts in this endeavor; and APPROVED other actions related thereto. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A V UNANIMOUS (ABSENT TRUE .AND CORRECT COPY OF AN . AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON .THE DATE SHOWN. Orig: Community Development Department (CDD) ATTESTED FEB 25 1992 cc: County Administrator PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Tom Borman, Public Works Department AND COUNTY ADMINISTRATOR Jack Humphrey, General Services Department Joe Tonda, Risk Management BY DEPUTY LA/RMP:rw/gms n isO/Beauty.bod Implemd'hting Adopt-A-Road/Park and Litter Abatement Programs - Page Two FINANCIAL IMPACT Costs to County General Fund will be minimal and will involve existing staffs such as review of Encroachment Permits and Roadway Safety Training for Volunteers. $30, 000 for direct program costs - brochures, signs on roadways, - has been allocated as part of FY 91-92 Resource Recovery Program Budget. Committed volunteer groups will enter into agreements with the County to participate and maintain in the planting of drought tolerant trees, large scrub seedlings, and or wildflowers along roadsides and establish the plants for a minimum of two years. To purchase the seedlings and wildflowers, potential revenue sources will be derived from the County Road Fund, Lighting and Street Fund, Redevelopment Tax Increment Fund, and the Community Development Block Grant Fund. BACKGROUND/REASONS FOR RECOMMENDATIONS In 1989 Supervisor Torlakson proposed a number of activities comprising his "Keep Contra Costa Beautiful Program" including an ordinance for litter abatement within 400 feet of fast food establishments. In 1991 Supervisor McPeak proposed an additional program --- Adopt-A-Road/Park --- also aimed at litter abatement and "Keeping Contra Costa Beautiful" . In reviewing methods of implementation for these two litter abatement and beautification activities, the Environmental Affairs Committee believes combining staff support and program components will simplify procedures/process for community groupsowishing to participate in programs to "Keep Contra Costa Beautiful" . The Community Development Department will explore staffing this program, in the future, with Senior Volunteers under Supervisor McPeak's proposed Senior Volunteer/Tax Credit program. Such staffing by Seniors - or other trained volunteers - will be necessary, in the future, due to potential funding restrictions. At this time, one staff person within the Community Development Department will coordinate the Adopt-A-Road/Park/Fast Food Businesses and Litter Abatement Programs. Community Development will coordinate contact with community groups and businesses, and will work with the Public Works and General Services Departments to assist participants in obtaining necessary permits, equipment, signs, and training. To protect the County's self-insured liability and workers' compensation programs from losses arising from the Adopt-A-Road/Park and Litter Abatement Program, measures will be taken to eliminate or reduce the County's liability and workers' compensation exposures. These measures to mitigate the exposures include: • Risk transfer on the Adopt-A-Road-Program by having contracting organizations agree to hold the County harmless and backing that with insurance. • Restriction of activities to those programs with minimal hazards. • Requiring the participating permittee insures to the County that proper orientation, training and equipment are provided to participants. The attachment is being reviewed by County Counsel as an administrative document, e.g. , Program, application, standard of provisions, agreements, and safety requirements. LA/RMP:rw/gms nuscYbeauty.bod PROGRAM: Adopt-A-Road/Park and Litter Abatement Program PURPOSE AND POLICY: To authorize Community Development Director, or his designee, to enter into agreements to accept funds or services, as part of the Resource Recovery Program for enhancement of specific activities in unincorporated areas such as roadsides, parks, parking areas including 'litter removal, graffiti removal, sweeping, wildflower planting and seedling tree planting. The Community Development Department and the sponsoring party may specify in the agreement the level of maintenance that will be performed. Courtesy signs may be authorized but shall,be consistent with existing code provisions and County rules concerning signs. The Community Development Department will coordinate activities with the Public Works and General Services Departments to assist participants with necessary procedures. Participants will not be charged a fee for permits. PROGRAM: A. Participants 1 . Individuals, businesses, corporations and organizations, except for political candidates, political action committees and political campaigns, may participate. 2. Cities and other local agencies may participate when officially authorized by the local elected body. A resolution should be requested prior to accepting the application. 3. Two or more entities may participate in a joint project. B. Types of. Participation 1 . Sections of roadways, parks, and parking areas within the unincorporated areas of the County may be considered for adoption. The types of activities included in the program are: a. Litter Removal. Participants may agree to remove roadside litter for one year from an area approximately one-to-two miles long. . Normally, participants are not allowed to work in medians;howeverin some cases, median adoptions may be permitted with advance written approval from the A dopt-A-Road/Park and Litter Program Page 2 Public Works Department (e.g., for qualified participants such.as professional contractors or inmate crews or in wide median areas where pedestrians are normally allo wed.) Participants adopt both sides of a roadway. Miscellaneous portions of the roadway right of way such as bike trails, parking lots, or other agreed upon areas may be adopted for litter removal. The Community Development Department should. determine the appropriate project unit (usually the entire facility or an area of at least two acres) and provide the appropriate size courtesy sign at a prominent location. The General Services Department will furnish the necessary trash bags free of charge to participants or their contractors. If participants . wish to affix their names and logos to the bags, they may do so at their expense. Participants bag the litter and leave the bags at the edge of the shoulder for pickup by maintenance staff. Typically, it is the responsibility of the permittees to obtain the bags at a designated location, usually the local maintenance station; however, special arrangements may be made to provide bags for the convenience of remotely located participants and large- quantity bag users. The exact length of roadway and number of cleanups per year may vary according to the project location. The frequency of cleanups specified should be adequate to keep the roadside clean. No less than four cleanups per year should be specified. Segments which require more than 12 cleanups per year generally are not suitable for volunteer groups. The permit should indicate the actual minimum number of cleanups required per year, not "four minimum". Before making the commitment to remove the litter, first- time participants may be permitted to do a project on a one-time, trial basis. Such projects are authorized by a standard letter of consent for litter removal. Adopt-A-Road/Park and Litter Program Page 3 Participants may keep recyclable materials that they pick up. Valuable items found on the roadside (driver's licenses, credit cards, wallets, purses, etc.) shall be returned to owners by the participant--or the County, whenever the owner can be determined. b. Plant Wildflowers. Participants may plant a minimum of approximately three acres (net) of wildflowers on the roadside according to a County-approved plan. Generally, wildflower plantings should be limited to flat or non-erosible areas of the roadside. Seed should be in place at the beginning of the rainy season (October- November) for the best results. Wildflower projects may be done for one season or multiple seasons. Appropriately sized courtesy signs should be located within the planting area during the period_of preparatory work and flowering. Formulti-year projects, courtesy signs may be left in place, removed or covered after the flowering period. c. Plant Seedling Trees. Participants may agree to plant a minimum of approximately one to five acres (net) of drought tolerant tree and/or Large shrub seedlings on the roadside and establish the plants for aminimum, of two years. Establishment will consist of watering, weeding, mulching and ,trash removal within the planted areas. Planting will be done according to a County-approved plan. Participants should develop a planting plan and a work plan. Participants furnish their own plants, materials and equipment. Plants species should be capable of surviving without irrigation after the participant's permit expires. Native plant species should be encouraged. Plants shall be located . to- avoid conflict with overhead wires, underground facilities, drainage ditches, signs, lighting and adjacent property, including outdoor advertising displays. Setbacks shall conform to County policies and standards. d. Graffiti Removal. Participants may agree to remove Adopt-A-Road/Park and Litter Program Page 4 graffiti from a wall or other structure for at least one year. The County should determine the extent of work required and frequency or turnaround time for graffiti removal. The community side, roadway side or both sides of the wall,may be included in the project. The County should specify whether graffiti removal is to be done by cleaning or by painting. The County may provide paint or other materials to participants or allow participants to provide their own County-approved materials. The County shall consider safety, air quality impacts and colorin approving paint or coatings. Participants may use sacrificial anti-graffiti coatings when these materials are approved by the County. Appropriately sized courtesy signs may be placed on the wall, either flush-mounted or on a bracket. Free- standing -signs may be used where appropriate. Anti- graffiti coverings or hardened inks should be considered for protecting courtesy signs and recognition panels. e. Litter Removal/Fast Food Retail Areas. Participants may designate areas near or around locations of fast food. businesses in the unincorporated County. In such instances, the County will assist participants in working with such businesses to provide litter cleanup. Costs for sign and litter cleanup shall be borne by fast food businesses in compliance with Ordinance 89-5. 2. The following provide opportunities for participation by making financial contributions: a. Contracting. Participants may adopt areas and have the work performed by others by contract or agreement. Contractors shall conform to all laws and regulations concerning business and professional licensing, workman's compensation, insurance, fair employment practices, prevailing wages and other applicable issues. b. Sweepers and Debris-Collecting Machines. Arrangements may be made for the financial adoption of sweeping and debris-collecting machines. The County will determine the costs of their operation and the term of the adoption. Terms of at least two weeks are Adopt-A-Road/Park and Litter Program Page 5 suggested. The County may provide appropriate recognition on the sponsored machines. c. Litter Crews. Arrangements may be made for the financial adoption of special programs litter crews. The County will determine the costs of the crew and the term of the adoption. The County may provide appropriate recognition signs to accompany the sponsored crew. Signs may be free-standing or may be mounted on vehicles or trailers that accompany the crews. d. Other. Contributions for other maintenance activities are welcome and may be recognized by the Adopt-A-Road program on a case-by-case basis as determined by the County. C. Recognition 1 . Recognition for contributions may. be provided in several ways, including media releases, certificates of appreciation, and/or courtesy signs. 2. Certificates of appreciation may be presented at the completion of a project. 3. Courtesy signs, including recognition panels, should be provided, placed and maintained for each project. Besides recognizing the participant, the signs let the public know that the section is being maintained by other then County staff. They also alert the motorist and the California Highway Patrol that volunteers may be present on the roadside. Once a courtesy sign has been erected for a project, it should not be necessary to take it down if a group terminates its commitment. Only the recognition panel need be changed. If no participant is available a panel indicated "section available" may be put up. Recognition.panels, insignias or logos, provided at no cost to the County for mounting on courtesy signs, should be returned to the participants after termination of the permit. If blank panels were provided to the participants for customization, or if the participant wants to keep the County- Adopt-A-Road/Park and Litter Program Page 6 produced recognition panel, the participant may be charged for the value of the panel. Participants may provide the recognition panels at their expense. Different background colors and style of text are allowed, subject to County approval. D. Restrictions and Controls 1 . Although there is advertising value inherent in the recognition panels, they are not intended to be an advertising medium. They are to identify and recognize the participant who is responsible for the activity being done. Panels should identity the participant with minimum verbiage. If necessary to identify a participant, the panel may indicate the community name in addition to the participant's name. Organizational or corporate logos are permitted, but must be provided by the participant. No product name is allowed on the recognition panel, except when the name is an established and integral part of the participant's name. No directions, slogans, or instructions are permitted on the panels. 2. Individuals, organizations and businesses may adopt segments of roadway and have the work performed by others, by contract or agreement. Such arrangements will be disclosed on the permit application. The application shall be signed by the adoptor, not the Contractor. The Contractor will be issued a permit to perform the work allowed in the adoptor's permit. There will be no permit fee for either the adoptor or the Contractor. 3. Certain roadway areas may not be appropriate for volunteers due to.poor access/egress, traffic volumes, steep slopes, poor visibility, or other reasons. Those segments may be suitable for entry by professional contractors. The County will negotiate the location and scope of each project with the applicant. 4. Areas are available on a first-come, first-served basis. If necessary, the County shall establish waiting lists for segments with interest by more than one party. The next Adopt-A-Road/Park and Litter Program Page 7 party on the list advancesf`to the top upon termination of the permit by the current permittee. 5. The term of the permit is not limited, but shall be for a minimum of one year and may be renewed as often as desired by the permittee so long as the terms of the permit are followed. 6. Permittees may not assign their permit to another individual- organization or business either prior to or at the expiration date of the permit. Succession to the rights to a segment will be by waiting lists only. 7. Courtesy signs for multiple contiguous segments held by one permittee should be no closer than four miles in the same direction. LA:se ea 1:\aar\&Iitter.prg E. Application, Agreement Page 8 APPLICATION FOR ADOPT-A-ROAD/PARK AND LITTER ABATEMENT PROGRAM Contra Costa County will work with the participants to determine the specific areas to be adopted, the nature of work to be done and the recognition to be provided. The County reserves the right to deny adoption any area that is deemed to be inappropriate due to safety, traffic or legal considerations. (Name of Organization) (Date of Application) (Mailing Address) (City) (Zip Code) (President/Chairperson) (Contact Person) (Daytime Phone Number) (Mailing Address) (Evening Phone Number) (City) (Zip Code) Approximate number of people participating Type of Work proposed: O Litter pickup ( ) Wildflower planting and maintenance ( 1 Seedling planting and maintenance Page 9 Area(s) you are interested in adopting: 1 . (County Roadway, Park, Etc.) (Limits) 2. 3 4. "Indemnification of County: The Permittee and its officers, employees, agents, t volunteers and subcontractors shall defend, indemnify, save and hold harmless the County of Contra Costa and its officers, employees and volunteers from all and any claims, costs andliability for any damages, sickness, death or injury to person (as) or property arising directly or indirectly from or connected ,with the operation or services of the permittee or its officers, employees, agents, or subcontractors hereunder save and except claims or litigation arising due to sole negligence or sole willful misconduct of the County of Contra Costa or its officers or employees. The permittee will reimburse the County of Contra Costa for any expenditures including reasonable attorneys' fees the County of Contra Costa may make by reason of the matters that are subject of this indemnification and if requested by the County of Contra Costa will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the permittee." Mail this form to: Ms. Rosemarie Pietras, (Adopt-A-Road Coordinator) Community Development Department, Contra Costa County 651 Pine Street, N. Wing, 4th Floor Martinez, CA 94553 ADOPT-A-ROAD PERMIT STANDARD,SPECIAL' PROVISIONS 1 . LOCATION.OF WORK: Enter onto to within County areas. 2. DURATION: This permit is valid for calendar years(s) from date of issue and may be renewed upon receipt of an appropriate application. If Permittee wishes to renew the permit a notice of such intent shall be submitted to County at least thirty (30) days prior to expiration of this permit. 3. PERMITTEE RESPONSIBILITY: It is understood and agreed by the Permittee that performing work under this permit shall constitute an acceptance of the provisions of the permit and all attachments. All permittees shall provide comprehensive or commercial general liability insurance with a minimum combined single limit cover of $500,000 for all damages including consequential damages due to bodily injury, sickness or disease or death to any person or damage or destruction of property including the loss of use thereof arising from each occurrence. Such insurance shall be endorsed to include the County and its officers, employees and volunteers as additional insureds as to all services performed by'Contractor under this agreement. Said policy shall constitute primary insurance as to the County, the State and Federal Government and their officers, agents and employees so that other insurance policies held by them or. their self-insurance programs shall not be required to contribute to any loss covered under the permittee insurance policy or policies. Permittee shall provide workers' compensation insurance coverage for its employees and volunteers. The insurance policies provided by the permittee shall include a provision for 30 days' written notice to the County before cancellation or material change of the above specified coverages. 4. INDEMNIFICATION OF COUNTY: The Permittee and its officers, employees, agents, volunteers and subcontractors shall defend, indemnify, save and hold harmless the County of Contra Costa and its officers, employees and volunteers from all and any claims, costs and liability for any damages, sickness, death or injury to person (as) or property arising directly or indirectly from or connected with the operation or services of the permittee or its officers, employees, agents, or subcontractors hereunder save and except claims or litigation arising due to sole negligence or sole willful misconduct of the County of Contra Costa or its officers or employees. The permittee will reimburse the County of Contra Costa for any expenditures including reasonable attorneys' fees the County of Contra Costa may make by reason of the matters that are subject of this indemnification and if requested by the County of Contra Costa will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the permittee. 5. SAFETY PROCEDURES: Each individual shall attend a safety orientation conducted by the Permittee prior to entering the County right of way. The orientation shall include a discussion and explanation of the attached "Safety Requirements for Participants". Individuals must participate in a safety orientation at least_once during each calendar year when work is authorized. Personnel performing work under this permit shall wear personal protective equipment, including hard hats, orange vests, gloves, and safety glasses which on County right of way. County furnished personal protective equipment, any unused materials, and tools shall be returned upon completion of Permittee shall designate a spokesperson who shall represent the group. In addition, one (1) adult supervisor shall be assigned for each five (5) minors. No minor less that years of age shall be allowed to participate without prior approval. Portable toilets, if necessary, shall be provided by the Permittee. Toilets shall not be placed on the shoulder of any roadways or streets. 6. TRAFFIC CONTROL: Traffic control is prohibited by this permit except for shoulder closures which may be authorized by County's Representative. Equipment and personnel for any shoulder closures will be provided by the County. Participant's personal vehicles shall not interfere with the free flow of traffic or pedestrians. On all roadways, vehicles shall be legally located at least six (6) feet off the travelled way. Approved vehicle(S)r used to transport participants or material to and from work site may be parked in the right of way if a copy of the permit or a note indicating "Adopt-A-Road Crew at Work" is displayed in the windshield for law enforcement officials. 7. BEGINNING OF WORK: Permittee agrees to begin work within thirty (30) days from issuance of this permit. On each work occasion, Permittee shall notify the County's Representative, _ at five (5) working days prior to start of any work authorized by this permit to ensure coordination with other. operations. Work shall not begin until the Permittee's Representative has been briefed on safety procedures by the County's Representative(s). 8. WORK DAYS AND HOURS: Work shall not be conducted on legal holidays or holiday weekends, or within twenty-four (24) hours preceding a legal holiday or holiday weekend unless specifically authorized elsewhere in this permit. All work shall be conducted during daylight hours and as determined by the County's Representative. If weather or other adverse circumstances cause a public hazard, work shall be immediately discontinued. Page 2 9. WORK PROCEDURES: Work shall not Ibe performed within feet of the traveled way, within center dividing strips, ,upon bridges, culverts,. or structures of any kind. Workers shall not cross the traveled way of access controlled roadways. Permittee's work shall be subordinated to operations which County may conduct, and shall interfere with County.staff or County contractors. The Encroachment Permit or a copy thereof shall be. kept at the site of the work and must be-shown to any representative of the County or law enforcement officer on demand. WORK SHALL BE SUSPENDED IF A COMPLETE COPY OF PERMIT IS NOT AVAILABLE AT JOB.SITE. 10. COUNTY FURNISHED: County will furnish, install, and maintain a sign indicating the nature of the work being performed in the work area for the duration of this permit.- The Permittee' may furnish a recognition panel in conformance with County' specifications. The sign wording, size, display duration, location, and any subsequent modifications shall be solely determined by the County. County furnished,personal„protective equipment, materials and the necessary tools may be obtained from . , at during normal business hours. 11 . CANCELLATION: This permit may be canceled by the County for non- conformance with permit provisions or failure.to adhere to direction given by the County's Representative. Page 3 CONTRA COSTA COUNTY ADOPT-A-ROAD/PARK AND LITTER ABATEMENT PROGRAM SAFETY REQUIREMENTS FOR PARTICIPANTS While on, the roadside, remember: SAFETY FIRST! To protect yourself and others: • Stay off the roadway and shoulders. (This includes unpaved shoulders.) 0 - -Do not-attempt to cross freeway traffic lanes on foot. Use caution when crossing roadways and .streets. Use crosswalks and signals where available. • Face oncoming:traffic as you work and keep an eye of traffic. Be prepared to move . quickly, if necessary. • Do not work on the roadway or shoulders, on bridges or in tunnels. • Discontinue work before.dusk. • Do not attempt to work when fog or other conditions reduce visibility for drivers. • Do not attempt to work when roadway is icy or wet. • Do not touch or attempt to remove materials which you suspect may be toxic or hazardous. Items to avoid include powders, chemicals, smelly substances, suspicious packages, chemical drums or containers, weapons, syringes or hypodermic needles, dead animals and broken glass. Notify the police of the location of weapons or suspected toxic substances immediately. U Do not try to,compact trash bags. Injuries from broken or jagged objects may occur. U Wear orange safety vests, hard hats, gloves and safety glasses whenever you are on the roadside. O Wear long pants and substantial leather shoes or boots with ankle support. Watch your footing and stay off of steep slopes, drainage facilities or places from which you might fall. Light-colored clothing, long sleeve shirts and sunscreen lotion are recommended. O Do not run, throw objects or engage in horseplay or any other.activity which may distract drivers. • Avoid overexertion. Drink plenty of water, especially on warm, humid days. • Do not consume alcoholic beverages or drugs before entering, or while on, the roadside. • Be alert for places where snakes may be located. Also be alert for stinging insects and poisonous plants (e.g., poison oak). LAae/gms eat:\aar\&Litter.Prg 2/27/92