Sonoma County Municipal Code § 2-28 Transfer of all duties of road commissioner to county director of public…

Footnotes:

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As to highways, road and bridges, see ch. 15 of this Code. As to appeals from actions of road commissioner in connection with operation of oversized, etc., vehicles, see § 15-5.

Editor's note— Ord. No. 6467, § V, adopted April 16, 2024, amended Div. 8 in its entirety to read as herein set out. Former Div. 8, §§ 2-26—2-33, pertained to similar subject matter and derived from Ord. No. 239, §§ 1, 8; Ord. No. 4796, adopted in June 1994; Ord. No. 5336, §§ 2, 3, adopted in 2002; and Ord. No. 6349, § I, adopted June 8, 2021.

There is hereby created and established the office of county road commissioner of and for the county.

(Ord. No. 6467, § V, 4-16-2024)

Pursuant to Streets and Highways Code § 2006.1, all duties of the county road commissioner are transferred to the county director of public infrastructure, who oversees transportation and public works. The office of county road commissioner of Sonoma County is abolished. Any civil engineering functions which are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director public infrastructure. The director of public infrastructure shall not be required to have any special permit, registration, or license.

(Ord. No. 6467, § V, 4-16-2024)

(a) Pursuant to the provisions of Government Code Section 25350.60 and subject to the procedures specified in this section, the director of public infrastructure is hereby authorized to perform all acts necessary to approve and accept for the county the acquisition of any interest in real property in connection with the construction, maintenance and repair of county roads, bridges and other public facilities, where the purchase price for such interest does not exceed twenty-five thousand dollars ($25,000.00).

(b) The director of public infrastructure may approve and accept the acquisition of any such interest in real property only if such acquisition meets all of the following conditions:

(1) Is necessary for the construction, maintenance or repair of county roads, bridges or other public facilities maintained by the department of transportation and public works; and

(2) The appropriate environmental review pursuant to the California Environmental Quality Act and/or the National Environmental Policy Act has been completed; and

(3) The fair market value of the real property interest to be acquired has been determined by an appraisal or some other generally accepted industry standard or method of valuation; and

(4) Funding for the acquisition has been appropriated and is available; and

(5) The transaction complies with all applicable state and federal laws and regulations pertaining to the acquisition of real property by a county.

(c) The form of any deed or other instrument conveying any interest in real property shall be approved by county counsel.

(d) The acquisition under this section of any interest in real property for street or road widening or alignment projects, where such widening or alignment is of a minor nature, shall not be subject to the provisions of Government Code Section 65402.

(e) Upon acceptance of any deed or grant, the director of public infrastructure shall be authorized to execute a certificate of acceptance substantially in the form specified in Government Code Section 27281 (or any successor statute thereto), and shall transmit the instrument to the county recorder for recording. The county recorder is hereby authorized to record the instrument at no cost to the county in accordance with applicable law, including Government Code Section 27383. This section shall not limit the authority of the director of transportation and public works to accept on behalf of the county deeds and easements to facilitate road improvements that do not involve financial compensation pursuant to Government Code Section 27281 and Resolution No. 95-0431, adopted by the board of supervisors on April 11, 1995.

(f) The authority granted by this section shall include signature authority on all documentation required to approve and accept for the county the acquisition of the real property interests, including, but not limited to, right-of-way contracts, purchase agreements, permanent easements, temporary construction easements, escrow documents, 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, on condition of approval of county counsel as to the subject document or instrument.

(g) Pursuant to Government Code Section 25350.60, the authority granted by this section shall expire five (5) years from the date it takes effect, unless such authority is renewed or extended by a subsequent ordinance of the board of supervisors. Upon the expiration of this authority, the director of transportation and public works shall submit to the board of supervisors a summary report of the property interests acquired under this authority.

(Ord. No. 6467, § V, 4-16-2024)

(a) Notwithstanding any other provision of this Article, the director of public infrastructure, as director of transportation and in accordance with Sonoma County Code Section 2-28, is authorized, pursuant Public Contract Code Sections 22031 and 20390 et. seq., to utilize the procedures and authorities and to let contracts as set forth in Public Contract Code Sections 20394 and 20395 (or any successor statutes), as follows:

(1) For maintenance of county highways;

(2) For new road construction and road reconstruction of county highways, in accordance with the conditions and limits as set forth in Public Contract Code Section 22031; and

(3) For emergency work upon county highways, during the period of such emergency. In addition, for all services made necessary due to the emergency need, including for needed road clearing and engineering, the director of public infrastructure is authorized to execute services contracts, with or without the furnishing of materials, in any amount, without need for compliance with competitive procurement or other requirements set forth in Section 2-58 of the Sonoma County Code.

(b) For all work pursuant to the foregoing authority:

(1) All work shall only be contracted if sufficient funds therefor have been appropriated, in accordance with approved budget and applicable law;

(2) All work shall be prepared, advertised, procured, and otherwise delivered in accordance with Article 25 of Chapter 1 (the Local Agency Public Construction Act, commencing with Section 20390) of the Public Contract Code (or any successor statute pertaining to road commissioner authority and work upon county highways);

(3) All work shall be publicly declared by the director of public infrastructure in accordance with Public Contract Code Section 22031;

(4) All work shall be pursuant to surveys, profiles, cross-sections, plans, and specifications in conformance with the county's adopted road construction standards, including any condition, exception, or alternative authorized pursuant thereto, and otherwise as prepared by the director of public infrastructure. The director of public infrastructure is hereby delegated all other discretionary authority to approve any other designs, plans, specifications, working details, changes, and additions as to any such work which, in his official and professional judgment, is reasonable and in accordance with accepted engineering and roadway practices and standards consistent with best ensuring safe, long-lasting, and quality county roadways;

(5) All work shall be noticed and advertised, all bids presented and opened, and any contracts awarded, in accordance with the applicable provisions of said Article 25. The director of public infrastructure is authorized to notice bids, publicly open bids, award and execute the contracts in form approved by county counsel to the lowest responsible bidder, reject all bids and advertise for new bids as authorized, and consider and accept or reject protests if filed, consistent with the applicable provisions of said Article 25;

(6) The director of public infrastructure is otherwise authorized take all other actions authorized under and in accordance with the procedures set forth in said Article 25;

(7) The director of public infrastructure is authorized to execute changes and additions to the work, subject to the following limitations:

a. Appropriated funds are available to cover the associated cost; and

b. Each individual change or addition is within the maximum amount allowed under Public Contract Code Section 20395 (or any successor statute), as such amounts may be adjusted by the state legislature from time to time.

(Ord. No. 6526, § II, 7-8-2025)

All road districts in the county, that is, supervisorial district No. 1, supervisorial district No. 2, supervisorial district No. 3, supervisorial district No. 4, supervisorial district No. 5, and all of such road districts, are hereby consolidated into a road district to be hereinafter known as "Sonoma County road district," excluding, however, any area contained therein as incorporated area.

Such road districts are consolidated for the purpose of carrying out the provisions of this division.

(Ord. No. 6467, § V, 4-16-2024)