To: Board of Supervisors
Department or Agency Name(s): Sonoma County Public Infrastructure
Staff Name and Phone Number: Johannes J. Hoevertsz, 707-565-2550
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Introduction of an Ordinance to Renew the Authority of the Director of Sonoma Public Infrastructure to Acquire Real Property Interests for an Additional Five Year Period and Increase the Limit to $100,000 - First Read
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Recommended Action:
Recommended action
Adopt a Resolution Introducing, Reading the Title of, and Waiving Further Reading of an Ordinance Amending Section 2-28.1 of the Sonoma County Code Authorizing the Director of Sonoma Public Infrastructure to Approve and Accept for the County the Acquisition of any Interest in Real Property of $100,000 or Less.
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Executive Summary:
In 2021, the Board adopted an ordinance authorizing the Public Infrastructure Director (previously named Transportation and Public Works Director) to acquire real property interests on behalf of the County of $25,000 or less. This authorization has greatly benefitted Sonoma Public Infrastructure (SPI) with the expediency of right of way acquisitions in connection with road and bridge projects. Under Government Code section 25350.60, delegated authority for real property acquisitions must be renewed every five years. SPI requests the Board renew the authorization for an additional five year period and increase the authority to $100,000.
Discussion:
Sonoma County Public Infrastructure (SPI) manages critical services and infrastructure including roads, bridges, public transit, a commercial airport, multiple waste disposal sites, water systems, and County-owned facilities. The Department manages over $100 million in capital and maintenance projects each fiscal year, with a substantial number of projects requiring minor real property acquisition as part of the project scopes, notably right of way acquisitions for road and bridge projects. Many times, these projects are funded through State and Federal grants with strict timelines for completion of approved work. Failure to meet these timelines jeopardizes grant funding and could result in project costs being shifted to the local jurisdiction.
Under Government Code section 25350.60, the Board may, by ordinance, authorize county officers to approve and accept for the county any acquisition of real property interests, subject to conditions and dollar limits established by the Board. On June 8, 2021, the Board adopted Ordinance No. 6349 to add a new Section 2-28.1 to the Sonoma County Code, authorizing the Director of SPI (known as the Director of Transportation and Public Works at the time) to approve and accept for the County the acquisition of any interest in real property of $25,000 or less. The ordinance includes conditions that must be met before an acquisition can be consummated, including environmental review and a fair market value determination. The delegated authority is set to expire unless renewed.
Staff also recommends increasing the delegated authority to $100,000. During the last five years, there were seventy-five acquisition transactions under $25,000 and seven transactions between $25,000 and $100,000. In fiscal year 2025/2026, most of the SPI State and Federal projects had right of way acquisitions under $100,000. The projects in the last year had a combination of real property acquisitions both above and below $25,000, but all were below $100,000. By increasing this authority, project delivery will be further expedited by reducing processing time associated with bringing minor acquisitions to the Board for approval and allow the SPI Director to administratively approve acquisitions for the majority of road and infrastructure projects.
Under Section 2-28.1 of the Sonoma County Code, SPI is required to report on the acquisitions executed under the authorization at the end of the 5-year period. The report is included with this board item as Attachment 1.
Strategic Plan:
This item directly supports the County’s Five-year Strategic Plan and is aligned with the following pillar, goal, and objective.
Pillar: Organizational Excellence
Goal: Goal 3: Continue to invest in critical road, bridge, bicycle, and pedestrian infrastructure.
Objective: Objective 1: Continue to maintain road segments, including designated turnouts where feasible, increase efforts on vegetation removal and drainage features, and improve pavement conditions in neighborhoods.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
6/8/2021: Adoption of an Ordinance to Delegate Authority for Certain Real Property Acquisitions
5/25/2021: Introduction of an Ordinance to Delegate Authority for Certain Real Property Acquisitions - First Read
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
There is no fiscal impact associated with this Board Item. Renewal of delegated acquisition authority will accelerate project timelines and minimize staff time in performance of infrastructure projects. Funding/approval for specific real estate transactions will be obtained through the standard County procurement process, up to and including Board action. Appropriations for these transactions will be included in annual Recommended Budgets or through the Quarterly Budget Adjustment process.
Narrative Explanation of Staffing Impacts (If Required):
None.
Attachments:
Attachment 1: Real Estate Acquisitions Under Authority 2021-2026
Attachment 2: Resolution
Attachment 3: Ordinance
Related Items “On File” with the Clerk of the Board:
Ordinance with redlined changes