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Board approves consent package, increases authorization to $5 million for PG&E gas-line relocation reimbursement
Summary
The Secretary of the Flood Control Agency board approved consent items 1–8 on Aug. 21, including an amendment to item 6A to authorize up to $5 million to cover contractor costs related to relocating a PG&E gas line; staff said PG&E is expected to reimburse the agency.
The Secretary of the Flood Control Agency board on Aug. 21 approved consent items 1 through 8 by voice vote, including an amendment to increase the agency's authorization for a contractor reimbursement related to a Pacific Gas & Electric Co. (PG&E) gas-line relocation to $5,000,000.
Chair Kennedy and staff explained the change to item 6A during the consent discussion. Staff said the project involves relocation of a large PG&E gas line; the original estimate anticipated excavation work under $500,000, but options identified by the Army Corps and contractors produced much higher estimates — as high as about $4.5 million — for the full range of work. To provide budgetary room for the likely scope, the clerk's redline changes the authorization from $500,000 to $5,000,000, with the stated intent that PG&E will reimburse the agency after project completion.
When asked what "ultimately the intent" meant, staff replied that the intent is to collect reimbursement from PG&E once the project is complete.
The board heard public comment related to consent item 3. Richard Cunha spoke on behalf of property owners Kenneth Kyoka and Sandra K. Kyoka Cunha about item 3, a request for a $500,000 addition to the law firm contract that represents the agency in eminent-domain/condemnation matters. Cunha said property owners have spent thousands on counsel since 2020, described repeated unsuccessful attempts to obtain responses from the agency's outside counsel, and urged the board to address communication and fairness concerns.
Board members clarified that the item discussed (a scope amendment) did not add money to the existing contract but expanded the firm's scope to cover public contracting matters after the firm's outside counsel retired. The board moved, seconded and approved the consent package by voice vote; there was no separate roll-call tally reported on the record for the consent vote.
No actions were reported out of closed session. The board's next meeting is Sept. 18.
