Fresno County Municipal Code Ch. 2.52 Department of Public Works and Planning

There is created the department of public works and planning, hereinafter in this chapter referred to as the "department". Any reference in this ordinance code, any uncodified ordinance, building code, administrative code, board of supervisors administrative policies, county administrative officers management directives, or other operative resolution to the department of planning and resource management or the department of public works shall mean the department of public works and planning.

(Ord. 02-018, § 3 (part))

Pursuant to the authority vested in the board of supervisors by virtue of Section 24300 of the California Government Code and Sections 12.1, 16 and 18 of the Fresno County Charter, the duties of the county offices of director of planning, director of planning and resource management and director of public works, respectively, are consolidated into one office to be known as director of public works and planning, hereinafter in this chapter referred to as the "director".

(Ord. 02-018, § 3 (part))

The department of public works and planning shall be under the direction of the director of public works and planning who shall be a department head. The director shall be appointed by the county administrative officer, subject to the prior approval of the board of supervisors. Any reference to director of planning, director of planning and resource management or director of public works made in this ordinance code, any uncodified ordinance, building code, board of supervisors administrative policies, county administrative officers management directives, or other operative resolution of the board of supervisors shall mean the director of public works and planning.

(Ord. 02-018, § 3 (part))

The director's powers and duties shall include, but not be limited to, the following:

A. All duties prescribed by state law, County Charter, county ordinance, the board of supervisors administrative policies, county administrative officers management directives, building code, and operative resolutions of the board of supervisors to be performed by the director of planning, director of planning & resource management and the director of public works, as the county road commissioner and county surveyor;

B. Appointment of all employees of the department and the keeping of such personnel records as may be prescribed by the Fresno County salary resolution and personnel rules;

C. Budgeting and planning in consultation with the county administrative officer or designee for the department's operation, including facility requirements;

D. Serving as secretary to the planning commission and other such boards and commissions when so designated by the board of supervisors or county administrative officer;

E. Such powers and duties as may be prescribed in the zoning ordinance, subdivision ordinance, building code, and board of supervisors administrative policies, county administrative officers management directives relating to planning, zoning, and land development;

F. Coordination, planning, and management of the natural resources of the county, including groundwater, surface water, and energy sources;

G. Operation of the county's waste disposal facilities, including solid waste transfer stations and landfills;

H. Planning and development of transportation policy including liaison activities with agencies such as Transportation Authority and Council of Fresno County Government;

I. Consultation with the county administrative officer and board of supervisors relative to housing and community development program planning, policies, direction, budget and administration;

J. Liaison and coordination with federal funding agencies, community groups, other jurisdictions and county departments, such as economic development, and housing authority;

K. The administration of the county's community development block grant and its related programs, along with such other programs and grants as approved by the board of supervisors relating to housing and community development; and for certifying all completed work relating to housing and community development;

L. Functions as chief executive officer for the county relative to federal environmental reviews and to federal Housing and Community Development Program requirements as specified by the United States Department of Housing and Urban Development.

M. Accepts, on behalf of the board of supervisors, roads or portions thereof, into the county road system and records instruments of conveyance to the county of real property interests for road uses and purposes, to which the director shall affix, prior to such recording, a certificate stating the acceptance into the county road system and designating the name or number, or both, of the county road, all in accordance with the provisions of California Streets and Highways Code Section 941(d).

N. To perform any or all acts necessary to approve and accept for the county the acquisition of any interest in real property, that the Director deems necessary or appropriate and in either such case in the best interest of the county, subject to all of the following procedures and limitations:

1. The Director's exercise of authority under this Section N shall be in accordance with the provisions of Government code section 25350.60.

2. For transportation projects, such interest in real property that may be acquired shall only be for projects undertaken by the Department of Public Works and Planning that have been included in a road improvement program expressly adopted by the Board of Supervisors, pursuant to the Fresno County General Plan, Transportation and Circulation Element, Program TR-A.A, or for such a project the pursuit of which has otherwise been expressly approved by the Board of Supervisors.

3. For non-transportation projects, such interest in real property that may be acquired shall only be for a project expressly approved by the Board of Supervisors to be undertaken by the Department of Public Works and Planning, for which the board has expressly appropriated sufficient funding for acquisition of such interest in real property.

4. The total purchase price of any individual acquisition of an interest in real property shall not exceed $125,000, provided however, the splitting or segmenting any acquisition of a real property interest to circumvent such dollar limit is prohibited.

5. Any agreements, deeds, instruments, easements, and right of entry, for which the Director may approve and accept for the county the acquisition of an interest in real property under this Section N, shall be subject to approval of County Counsel as to legal form and, if there is any expenditure of funds for such acquisition, as to accounting form by the Auditor-Controller/Treasurer-Tax Collector.

6. The Director shall comply with all applicable laws and county policies pertaining to the acquisition of the real property interest as would otherwise apply to the County's acquisition for same.

7. The Director shall to the fullest extent reasonably practicable, obtain in recordable form from the other party(ies) any agreements, deeds, instruments, easements, or right of entry, that may be recordable, and record such agreements, deeds, instruments, easements, or right of entry in the office of the County Recorder with respect to the affected interest in real property.

8. The Director is not authorized under this Section N to acquire any interest in real property that is subject to eminent domain proceedings pursuant to Code of Civil Procedure section 1245.210, et seq.

9. Nothing in this grant of authority to the Director under this Section N shall divest or otherwise limit the Board of its authority, which the Board fully reserves its right to exercise it its discretion, to acquire interests in real properties including, but not limited to, for the same transportation project or the same non-transportation project, or with respect to any other projects or matters of any type.

10. The authority granted to the Director by this Section N shall expire on December 31, 2028.

For purposes of this Section N, "transportation projects" means any endeavor undertaken by the Department of Public Works and Planning, the purpose of which is to construct, improve, expand, relocate, rehabilitate, maintain, replace, remove, decommission, or demolish facilities or their appurtenances whose primary function is to facilitate the conveyance of goods or people from place to place by various means, including those facilities for the temporary or long-term storage of conveyances including, but not limited to, bicycles, motorcycles, automobiles, vans, buses, trucks, trains, aircraft, boats, and ships; and "non-transportation projects" means any endeavor undertaken by the Department of Public Works and Planning, the purpose of which is to construct, improve, expand, relocate, rehabilitate, maintain, replace, remove, decommission, or demolish facilities and their appurtenances whose primary function is not to facilitate the conveyance of goods or people from place to place by various means.

(Ord. No. 23-015, § 1, 11-28-2023; Ord. No. 19-007, § 1, 2-12-2019; Ord. No. 18-020, § 1, 12-4-2018; Ord. 02-018, § 3 (part))