California Code of Regulations › Title 21 - Public Works › Division 2 - Department of Transportation › Chapter 20 - Permissible Activity and Use of Safety Roadside Rest Areas and Vista Points in and Along California State Highways › Article 4 - Procedures to Follow in Obtaining an Agreement or Permit for Permissible Activities › Section 2208 - Agricultural Displays as Authorized in Streets and Highways Code Section 220

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
				  department determines that it would be in the best interest of the state and
				  the traveling public, it shall consider unsolicited formal proposals, publish a
				  request for formal proposals, or both, to place, install, construct, use,
				  operate and maintain agricultural displays in safety roadside rest
				  areas.
(b) The notice for formal
				  written proposals shall be published in at least one (1) newspaper of general
				  circulation in the state. the department shall also notify individuals or
				  groups who may have an interest or who have expressed interest in conducting
				  any of these activities. Unless otherwise provided in the notice for a request
				  for proposal, all proposals shall be sent to:
CALIFORNIA DEPARTMENT OF TRANSPORTATION
DIVISION OF RIGHT OF WAY
BOX 942874
SACRAMENTO, CA 94274-0001
(c) The notice may include specific minimum
				  requirements for proposed facilities to be placed, installed or constructed, as
				  well as terms and conditions as to use, operation and maintenance. The notice
				  may also request the interested person or organization to submit a proposal
				  using its plans, designs and specifications and manner of operation, use and
				  maintenance. Proposals determined by the department to meet the best interests
				  of the state and the traveler, shall be accepted for further consideration.
				  Acceptance for further consideration or rejection of a proposal by the
				  department shall be final. Unless otherwise provided in the notice, the
				  department's determination shall be forwarded to the applicant not later than
				  sixty (60) days after receipt of the proposal.
(d) Once a formal written proposal is
				  accepted for further consideration by the department, the applicant shall be
				  requested to supplement and provide further specific information. Once a
				  proposal is approved in concept by the department, terms and conditions shall
				  be set forth in a written agreement.
(e) The applicant whose proposal is approved
				  may enter upon the safety roadside rest area only as provided in the written
				  agreement.
(f) Where feasible and
				  in the best interest of the department, an agreement may be entered into which
				  includes the terms and conditions of use.
(g) The agreement shall provide for its
				  revocation for any violation of the agreement provisions or these regulations.
				  Upon revocation, unless otherwise provided in the agreement, the person or
				  company shall be given thirty (30) days to remove, at his/its sole cost and
				  expense, any and all facilities or equipment, installed, placed or constructed
				  under the agreement.
Failure to do so shall result in the removal of any and all
					 equipment or facilities by the department for storage on behalf of the person
					 or company for up to thirty (30) days. The cost of removal and storage shall be
					 borne by said person or company. Failure to claim the confiscated items within
					 the thirty (30) day period shall result in either their destruction or sale.
					 Proceeds from any sale less the total moneys owed the department for its costs
					 and expenses shall be returned to the person or company. If a deficiency
					 results, the department shall have an action to recover its deficiency,
					 including the costs, attorneys' fees, and expenses of suit.
(h) Agricultural displays and examples of
				  California agriculture may be allowed at safety roadside rest areas and vista
				  points as determined by the department.
1. Repealer
					 of article 5 (section
					 2208) and section, and renumbering
					 and amendment of former section
					 2211 to section
					 2208 filed 3-7-95; operative
					 4-6-95 (Register 95, No. 10).
Note: Authority cited: Sections
						225
						and
						225.5,
						Streets and Highways Code. Reference: Sections
						220,
						220.5
						and
						225.5,
						Streets and Highways Code.