Chapter 2.14
DIRECTOR OF PUBLIC WORKS

Sections:

2.14.010    Powers and duties.

2.14.020    Public Works Department administration.

2.14.030    Leasing of certain real property owned by the County without normal bidding procedures.

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 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 him 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 of Public Works;

(H)    Supervise the maintenance and operation of County waste disposal area;

(I)    Investigate and recommend regarding the lease or purchase of property for County use, as directed by the Board of Supervisors or the County Administrator: manage County-owned property not otherwise assigned to operating units of County government;

(J)    Supervise the operation of the public works vehicle repair shops;

(K)    Supervise all matters pertaining to water development and control 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. 5030 § 1, 2008; Ord. 1627, 1971; prior code § 2.30.010].

2.14.020 Public Works Department administration.

The Director of Public Works may create divisions of the Department of Public Works necessary to carry out the purpose of this chapter, and change or abolish them from time to time. [Ord. 1627, 1971; prior code § 2.30.020].

2.14.030 Leasing of certain real property owned by the County without normal bidding procedures.

The Director 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 Section 25537 of the Government Code for exclusion from normal bidding procedures.

The Director of Public Works shall not undertake such negotiation unless the Board of Supervisors has determined that the real property involved is not needed for public purposes, has an estimated monthly rental of not exceeding $5,000, and has by resolution authorized the Director of Public Works to lease such real property.

Any lease executed by the Director of Public Works pursuant to this section shall be for a monthly rental of not exceeding $5,000, shall be for a term of not exceeding 10 years, and shall not be renewable. [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)    Whenever the Director of Public Works determines that County property which has been acquired or abandoned in connection with a street widening or street realignment project is excess to County needs, the Director of Public Works shall seek an informal determination by the Director of Planning as to whether the property can be developed independently, and whether disposition of the property would be consistent with the County General Plan, and be categorically exempt from CEQA under Section 1812 of the County Environmental Review Guidelines. In the event the Director of Planning 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, and the Director of Public Works estimates the property has a value of $10,000 or less, the Director of Public Works shall seek authorization from the Board of Supervisors to negotiate a sale of the property to an adjacent property owner. In addition, and notwithstanding a valuation in excess of $10,000, after the informal determination of the director of planning, the Director of Public Works may seek authorization from the Board of Supervisors to negotiate a sale of excess right-of-way property to an adjacent property owner pursuant to the provisions of Section 8356 of the California Streets and Highways Code. 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 Public Works which shall provide, among other things, that the proposed purchase price shall be deposited with the County. Upon deposit of the proposed purchase price by the adjacent owner, the Director 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. Any sale approved by the Board pursuant to this subsection of property with an estimated value of $10,000 or less shall be deemed a minor disposition of property which is exempt from the requirements for a general plan conformity determination pursuant to the provisions of Section 65402(b) of the Government Code.

(B)    Except as otherwise provided under subsection (A) of this section, whenever the Director of Public Works determines that property owned by the County is excess to County needs, the director shall submit a request to the Planning Director for an environmental determination and for a determination by the Planning Commission as to conformity of disposition of the County property with the County General Plan pursuant to Section 65402 of the Government Code. Upon completion of review by the Planning Director, the Director of Public Works shall prepare proposed terms and conditions for sale pursuant to Section 25520 et seq. of the Government Code 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 processed according to such procedures for sale as directed by the Board. [Ord. 3885 § 1, 1988; Ord. 3778 § 1, 1986].

2.14.050 Authority to approve contract change orders.

(A)    The Director 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 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. 5276 § 1, 2018; Ord. 4050 § 1, 1990].

2.14.060 Authority to approve and accept the acquisition of minor interests in real property.

(A)    The Director of Public Works is hereby authorized to approve and accept the acquisition of interests in real property pursuant to Government Code Section 25350.60, 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 with a value not to exceed $10,000.

(C)    The authority granted in this section shall include signature authority on all documentation required to approve and accept minor interests in real property, including, but not limited to, purchase and sale agreements, 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 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. [Ord. 5247 § 1, 2017].