Chapter 19.09 — COUNTY HIGHWAYS AND PARKS

ADOPTION PROGRAM Section

• 19.09.001 Findings
• 19.09.002 Definitions
• 19.09.003 Donations to maintain or enhance county highways, parks or other county property
• 19.09.004 Courtesy sign
• 19.09.005 Program restrictions
• 19.09.006 Agreement requirements
• Cross-reference:
• Parks, see Chapter 19.23 of this code
• Plan Lines, see Chapter 19.25 of this code
• Roads and Highways, see Chapter 19.27 of this code
• Traffic Regulations, see Title 17 of this code
• Zoning, see Title 25 of this code

The Board of Supervisors finds as follows: (A) Well-maintained county highways, county parks and county property available for the use of the public benefits the public health, safety and welfare of all the citizens of San Benito County; (B) Improvements to the county highways, county parks and other county property enhance the quality of life for San Benito County citizens; (C) Given the needs of California citizens and given the financial constraints legally imposed on all California government entities, particularly counties, there are often shortages of funding for various programs;

(D) In light of these shortages, it is desirable to create public-private partnerships whereby private persons or entities may provide voluntary donations of funds, services or goods for necessary county programs; and (E) The regulations authorized in this chapter are designed to address the facts and circumstances outlined in these findings. (1966 Code, § 5D-1) (Ord. 713, § 1(part); Ord. 715, § 1(part))

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. GOODS. Any supplies, equipment or personal property of any nature. PARTICIPANTS. Persons seeking to donate funds, goods or services under the program authorized by this chapter. A person may be an individual, a partnership, a corporation, including a non-profit corporation, an unincorporated association of persons or a limited liability company. PROGRAM. The authorization specified by this chapter whereby a person seeks to donate funds, goods or services for the maintenance or improvement of any county highway, county park or other county property available for public use. County property may include, without limitation, real property such as the Veteran’s Memorial Building or personal property such as call boxes. County property may also include property owned or controlled jointly by county and another government entity or property owned by an entity of which the county is a constituent part. SERVICE. The performance of any labor or task. TO ADOPT. A county highway, park or other county property means to participate in the program authorized by this chapter by providing funds, property or services to the county for the maintenance or enhancement of the county highway, park or property. (1966 Code, § 5D-2) (Ord. 713, § 1(part); Ord. 715, § 1(part))

(A) The county may enter into an agreement to accept funds, goods or services from any person for maintenance or enhancement of a section of a county highway, of a county park or of other county property available for public use. The county and the sponsoring person may specify in the agreement the level of maintenance that will be performed. (B) For donations for the maintenance or improvements of county highways only, the Board of Supervisors delegates to the Public Works Director the power to accept any gift, bequest or devise of funds, goods or services from any person to or in favor of the county for the purpose of maintaining or enhancing a section of county highway, of a county park or of other county property available for public use. The Public Works Director shall file with the Board each quarter a report that describes the source and value of each gift valued in excess of $10,000. The county shall hold and dispose of the property and the income and increase thereof for those lawful uses and proposes as are prescribed in the terms of the gift, bequest or devise upon acceptance. In accounting for, or inventorying, gifts, bequests or devises, the Public Works Director shall follow the appropriate procedures contained in the State Controller’s manual entitled Accounting Standards and Procedures for Counties. For donations for the maintenance or improvement of county parks or other county property available for public use, the Board of Supervisors shall be the sole entity which shall consider and accept any donation. (1966 Code, § 5D-3) (Ord. 713, § 1(part); Ord. 715, § 1(part))

The Public Works Director may authorize a courtesy sign in the name of the person donating funds, goods or services. These courtesy signs shall be consistent with existing code provisions and county rules and regulations concerning signs. (1966 Code, § 5D-4) (Ord. 713, § 1(part); Ord. 715, § 1(part))

(A) The program shall include the following requirements: (1) Participants shall agree to perform services for two years; (2) The minimum length of an adopted segment is two miles for litter removal on county highways; and (3) Work must be performed according to the assigned frequency to be determined by the county Public Works Director for the particular property adopted. The frequency may be on an occurrence basis or on a daily, weekly, bimonthly, monthly or quarterly (four times per year), schedule depending on the nature of the services. (B) The program may apply to all types of county highways, county parks and other county property. Some sections of county highways, of county parks and of other county property may be unacceptable for the program for the following

reasons: (1) Heavy traffic; (2) Narrow roadside/roadway shoulders; (3) Poor roadway alignment; (4) Rugged terrain, steep slopes; (5) Property is currently adopted; (6) Property conditions inappropriate for age level/experience of participants; (7) Dense vegetation; (8) Restricted visibility; (9) High runoff potential; (10) Frequency required for work too great for capability of participants; or (11) Safety or other concerns justify exclusion from the program in the sole discretion of the Public Works Director. (1966 Code, § 5D-5) (Ord. 713, § 1(part); Ord. 715, § 1(part))

(A) The agreement specified in § 19.09.005 shall minimally specify the following requirements: (1) Restrictions to provide reasonable protection for the safety of persons providing services, safety of the public and safety of county officers and employees; (2) Indemnification of the county; (3) Minimum requirements for donations of goods and services such as those requirements specified in § 19.09.005 of this chapter; (4) A limit of duration of any agreement not to exceed two years; (5) Adequate insurance requirements in the amount determined by the Public Works Director; (6) A termination for convenience clause; and (7) A release of county liability. (B) For donations for the maintenance or improvement of county highways only, the Public Works Director is authorized to execute an agreement specified in § 19.09.003 on behalf of the Board of Supervisors after the agreement has been approved as to legal form by the County Counsel. (1966 Code, § 5D-6) (Ord. 713, § 1(part); Ord. 715, § 1(part))