HomeMy WebLinkAboutMINUTES - 11141995 - C63 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: November 14, 1995
SUBJECT: Recover fee paid to Pacific Gas and Electric Company, San Pablo Dam Road Slide Repair
at Sta. 252
Project No.: 0672-6U6232
Specific Request(s) or Recommendations) & Background & Justification
I. RECOMMENDED ACTION:
DIRECT County Counsel to pursue legal action against Pacific Gas and Electric Company to
recover$9,158.07 (fee paid in protest) plus interest and legal costs involved in the relocation of
PG&E facilities for the San Pablo Dam Road Slide Repair at Sta. 252, Project No. 0672-6R6523.
II. FINANCIAL IMPACT:
The amount to recover is $9,158.07 plus interest and legal costs.
III. REASONS FOR RECOMMENDATION/BACKGROUND:
On June 29, 1995, the Public Works Department sent a request to Pacific Gas and Electric
Company (PG&E) to relocate an existing power pole in conflict with the proposed construction
activities. PG&E responded that since this was a temporary relocation for the construction of a
retaining wall, they were not obligated to relocate the conflicting facility at their cost. They
requested $9,158.07 for labor and material to perform this.work.
The Public Works Department disagreed with their position, but in the interest of public safety and
to avoid any delay in the completion of our slide project, for which a contract had already been
awarded; a check in the amount of $9,158.07 paid under protest to PG&E for the temporary
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON` -11- APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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g:\Design\BO\BO7.t11
Orig. Div: Public Works(Design Division)
Contact: Joe Yee(313-2323)
cc: County Administrator I hereby certify that this Is a true and correct coPY of
Attn: E. Kuevor an action taken and entered on the minutes of the
Auditor-Controller Board of Supervisors on the date shown.
PW Accounting ACTED A --�I-4 1 1 0
Construction PHIL BATCHELOR,Clerk of theboa �
Community Development of Supervisors and Count,VAdministrator ri
��� Deputy
DIRECT County Counsel to recover fee paid in protest to Pacific Gas and Electric Company for the San
Pablo Dam Road Slide Repair at Sta. 252 Project
November 14; 1995
Page Two
removal of their facilities. The Public Works Department also informed PG&E of our intention to
ask the Board of Supervisors to authorize a lawsuit to recover the fee paid plus interest and legal
cost.
PG&E's obligation to relocate its facilities and its ability to seek reimbursement for such work is
governed by the applicable franchise agreements and by Section 6297 of the Public Utilities
Code. Public Utilities Code Section 6297 provides that, "The grantee shall remove or relocate
without expense to the municipality any facilities installed, used and maintained under the
franchise if and when made necessary by any lawful change of grade, alignment or width of any
public street, way, alley, or place, including the construction of any subway or viaduct, by the
municipality." Since our retaining wall project is required for the health and safety of the traveling
public and will result in a change of the road width, PG&E is obligated to perform the necessary
relocations at their cost.
In accordance with Public Utilities Code sections 6302, 6296 and 6297, it is the opinion of the
Public Works Department and County Counsel that PG&E is clearly responsible to the County
for all damages incurred by the County resulting from any failure to comply with any provisions
of the franchise and any provision of the applicable Code sections.
IV. CONSEQUENCES OF NEGATIVE ACTION:
The immediate consequence to this project is the loss of$9,158.07. The future consequence is
PG&E's disregard of their franchise agreement and PUC obligation which will cause needless
additional cost to the County for the relocation of PG&E and other utility facilities.