Chapter 2.14
DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS
Sections:
2.14.020 Administration of the Department of Public Works.
2.14.040 Sale of excess County property.
2.14.050 Authority to approve contract change orders.
2.14.060 Authority to approve and accept the acquisition of minor interests in real property.
2.14.010 Powers and duties.
The Director of the Department of Public Works shall be the administrative head of the Department of Public Works, and shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested in the Director by this section or any other provision of law. Such duties shall include, but not be limited to, the following:
(A) Supervise, prepare or obtain designs and plans for roads, bridges, County buildings, water supply systems, sewage plants and drainage facilities, or other public works projects as directed by the Board of Supervisors;
(B) Perform all the duties of the Road Commissioner as defined by law;
(C) Act as engineer of work in assessment district proceedings, as ordered by the Board of Supervisors or the Board of Supervisors acting as board of directors of a special district;
(D) Act as District Engineer for all special districts for which the Board of Supervisors sits as board of directors;
(E) Process all technical matters pertaining to public improvements within subdivisions;
(F) Inspect County roads, bridges, County water supply systems, sewage plants and drainage facilities;
(G) Recommend the awarding of contracts for the construction and maintenance of all facilities under the supervision of the Director;
(H) Supervise the maintenance and operation of County solid waste disposal areas;
(I) Investigate and make recommendations regarding the lease, acquisition, and disposition of real property, as directed by the Board of Supervisors or the County Administrative Officer; manage County-owned property not otherwise assigned to operating units of the County;
(J) Supervise the operation of the Public Works vehicle repair shops;
(K) Supervise all matters pertaining to water development and management under the control of the Board of Supervisors;
(L) Perform all the duties relating to traffic safety and control;
(M) Perform any and all other activities and duties that may be ordered by the Board of Supervisors. [Ord. 5285 § 5, 2018; Ord. 5030 § 1, 2008; Ord. 1627, 1971; prior code § 2.30.010].
2.14.020 Administration of the Department of Public Works.
The Director of the Department of Public Works may create divisions within the Department in order to carry out the purpose of this chapter and change or abolish those divisions from time to time. [Ord. 5285 § 5, 2018; Ord. 1627, 1971; prior code § 2.30.020].
2.14.030 Leasing of certain real property owned by the County excluded from statutory bidding procedures.
(A) The Director of the Department of Public Works shall negotiate and execute in the name of the County, as lessor, all leases of real property owned by the County which qualify under Government Code Section 25537(b) for exclusion from statutory bidding procedures and are not otherwise assigned to other operating units of the County. The Director shall comply with the notice provisions of Government Code Sections 25537(b) and (d) in executing such leases. Pursuant to Government Code Section 25537(c)(2), this authorization to negotiate and execute leases shall expire five years from the date the Board of Supervisors grants this authority and must be reauthorized every five years after that via resolution in order to remain effective.
(B) The Director of the Department of Public Works shall not undertake a lease negotiation pursuant to this section unless (1) the Board of Supervisors has determined that the real property involved is not needed for public purposes; (2) the Director has determined that the property has an estimated monthly rental value not exceeding $10,000; and (3) the Board of Supervisors has by resolution authorized the Director to lease such real property.
(C) Any lease executed by the Director of the Department of Public Works pursuant to this section (1) shall be for a monthly rental value not exceeding $10,000; (2) shall be for a term not exceeding 10 years; and (3) shall not be renewable. [Ord. 5285 § 5, 2018; Ord. 4422 § 1, 1996; Ord. 4210 § 1, 1992; Ord. 3526 § 1, 1984; Ord. 1702, 1972; prior code § 2.30.030].
2.14.040 Sale of excess County property.
(A) Property Related to Street Widening or Realignment. Whenever the Director of the Department of Public Works determines that County property which has been acquired or abandoned in connection with a street widening or street realignment project is not needed by the County, the Director shall seek an informal determination from the Director of the Planning Department as to (1) whether the property can be developed independently; (2) whether disposition of the property would be consistent with the County General Plan; and (3) whether disposition of the property would be categorically exempt from CEQA.
(1) If the Director of the Planning Department determines that the property cannot be developed independently, and that disposition of the property is consistent with the County General Plan and categorically exempt from CEQA, the Director of the Department of Public Works may seek authorization from the Board of Supervisors to negotiate a sale of the property to an adjacent property owner pursuant to the provisions of California Streets and Highways Code Section 960 or 8356.
(2) Any negotiation authorized by the Board of Supervisors shall result in the execution of a memorandum of agreement between the prospective purchaser and the Director of the Department of Public Works which shall provide, among other things, that the proposed purchase price be deposited with the County. Upon deposit of the proposed purchase price by the adjacent owner, the Director of the Department of Public Works shall submit a proposed real property sales agreement to the Board of Supervisors. The proposed sales agreement shall include a provision requiring a combination of the purchased property with the property of the adjacent property owner. If the proposed sales agreement is not approved by the Board, the sales price deposit shall be returned to the proposed purchaser, and the property removed from sale or processed according to such further procedures for sale as directed by the Board.
(3) Any sale approved by the Board pursuant to this subsection of property with an estimated value of $25,000 or less shall be deemed a minor disposition of property which is exempt from the requirements for a general plan conformity determination pursuant to Government Code Sections 65402(a) and (b).
(B) Property Unrelated to Street Widening or Realignment. Whenever the Director of the Department of Public Works determines that property owned by the County unrelated to street widening or realignment is not needed by the County, the Director shall submit a request to the Director of the Planning Department for (1) a determination of whether disposition of the property would be categorically exempt from CEQA; and (2) a determination by the Planning Commission, pursuant to Government Code Section 65402, as to whether disposition of the property would conform with the County General Plan. If the proposed disposition is determined to be exempt from CEQA and in conformance with the County General Plan, the Director of the Department of Public Works may prepare proposed terms and conditions for sale pursuant to Government Code Section 25520 et seq. for consideration by the Board of Supervisors. Upon any approval by the Board of Supervisors of proposed terms and conditions for sale, the property shall be sold in compliance with the provisions of Government Code Section 25520 et seq. and as otherwise directed by the Board.
(C) To the extent applicable to the property, the requirements of Government Code Section 54220 et seq., relating to surplus lands, shall be implemented prior to disposition of the property. [Ord. 5290 § 1, 2019; Ord. 5285 § 5, 2018; Ord. 3885 § 1, 1988; Ord. 3778 § 1, 1986].
2.14.050 Authority to approve contract change orders.
(A) The Director of the Department of Public Works is hereby granted the authority to approve and execute certain contract change orders for County highway contracts pursuant to Public Contract Code Section 20395 and for County construction contracts pursuant to Public Contract Code Section 20142, subject to the limitations specified in this section.
(B) Where unexpected site or other conditions cause a need for work not covered by the contract, contract change orders may be approved and executed by the Director of the Department of Public Works in an amount not to exceed the limits established by Public Contract Code Sections 20395 and 20142, respectively, as they may be amended from time to time. [Ord. 5285 § 5, 2018; Ord. 5276 § 1, 2018; Ord. 4050 § 1, 1990].
2.14.060 Authority to approve and accept the acquisition of minor interests in real property.
(A) Pursuant to Government Code Section 25350.60, the Director of the Department of Public Works is hereby authorized to approve and accept the acquisition of interests in real property, subject to the limitations and procedures specified in this section.
(B) The authority granted in this section shall be limited to those real property interests of a minor nature. For purposes of this section “minor nature” means those real property interests with a value of $25,000 or less.
(C) The authority granted in this section shall include signature authority on all documentation required to approve and accept the acquisition of real property interests of a minor nature, including, but not limited to, purchase and sale agreements, permanent easements, temporary construction easements, escrow documents, certificates of acceptance, and all other related documents that would normally be executed by the Chair of the Board of Supervisors in order to effectuate the transfer of real property to the County. The Director of the Department of Public Works shall follow all normal and standard procedures for the acquisition of real property interests by the County and shall be subject to all applicable State and Federal regulations pertaining to the acquisition of real property by a local public agency.
(D) Pursuant to Government Code Section 25350.60(c), the authority granted under this section shall expire five years from the date the Board of Supervisors grants this authority and must be reauthorized every five years after that via resolution in order to remain effective. [Ord. 5285 § 5, 2018; Ord. 5247 § 1, 2017].