Item 26 - Appropriation of Funds for Legal Svs Pacific Bell Fiber-Optic Upgrade
AGENDA REPORT SUMMARY -
TO: Honorable Mayor and Members of the City Council
FROM: James 1.. Bowersox, City Mana~
-
INITIATED BY: John D. Fitch, Assistant City ManllflW '1\~
Robert 1.. Thomas,. Director of CommJuity servi~
Patrick R. Foley, Principal Management Analys
DATE: June 27, 1995
SUBJECT: Appropriation of Funds for Legal Services Relative to the Preparation of an
Agreement with Pacific Bell Concerning the Proposed Fiber-Optic Upgrade
ABSTRACT
At the May 18, 1995 City Council Workshop, a presentation was made by Pacific Bellon
its planned fiber-optic upgrade in Poway. The new fiber-optic network will have many
potential benefits for Poway. However, as stated in the staff's report, there are
environmental, health and safety, and other City issues that must be addressed in an
agreement with Pacific Bell. At the conclusion of the item, the City Council
authorized the City Manager to negotiate a contract with William Marticorena of the law
firm Rutan & Tucker. Under the terms of the contract, William Marticorena will provide
the necessary legal services to develop a draft agreement and negotiate a final
agreement with Pacific Bell for the construction of its network upgrade in Poway's
- public rights-of-way. Staff is recommending that the City Council appropriate up to
. $17,500 for William Marticorena's legal services to prepare an agreement with Pacific
Bell.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
The legal services of William Marticorena will require an appropriation of up to
$17,500. Should the cities of Del Mar and Solana Beach decide to participate, the cost
would be shared by the three cities.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Additional notification sent to William Marticorena, Rutan & Tucker, and Sharon
Terrill, Pacific Bell.
RECOMMENDATION
It is recommended that the City Council appropriate up to $17,500 for William
Marticorena's legal services to prepare an agreement with Pacific Bell concerning the
proposed fiber-optic uparade in Poway.
ACTION
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~ AGENDA REPOR'J.
CITY OF POW A Y
This report is included on th~ Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and
discussed separately. If you w;sh to have this report pulled for discussion. please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members~e City Council
FROM: James L. Bowersox, City Man
INITIATED BY: John D. Fitch, Assistant City Manager1'lt
Robert L. Thomas, Director of Community servi~~
Patrick R. Foley, Principal Management Analys
DATE: June 27, 1995
SUBJECT: Appropriation of Funds for Legal Services Relative to the
Preparation of an Agreement with Pacific Bell Concerning the
Proposed Fiber-Optic Upgrade
BACKGROUND
On May 18, 1995, Pacific Bell made a presentation to the City Council on its
proposed fiber-optic network upgrade for Poway. During its presentation,
Pacific Bell showed a video which demonstrated a variety of telecommunications
services that would be available in the near future once its fiber-optic
network upgrade is completed. As a result of this telephone network upgrade,
Pacific Bell will be able to provide advanced telecommunications services
including voice, data, video, and video dial tone services. According to the
representatives of Pacific Bell, the advanced telecommunications network will
carry a variety of services in addition to traditional voice telephony. Some
of these new services will include: ISDN, video telephony, service for both
data and voice, cellular, personnel communication services (PCS), interactive
services, and video dialtone services.
At the conclusion of Pacific Bells presentation, the staff outlined a number
of issues that will need to be addressed in an agreement with Pacific Bell
prior to construction of the network. The agreement will articulate the
process by which Pacific Bell can proceed with its fiber-optic installation in
Poway in a timely fashion and in a manner acceptable to the City. The
agreement will also address the issues that were outlined in the staff's May
18, 1995 report. Based on staff's May 18 recommendation, the City Council
authorized the City Manager to negotiate a contract with William Marticorena
of the law firm Rutan & Tucker. Under the terms of the contract, Mr.
Marticorena will provide the necessary legal services to develop a draft
agreement and negotiate a final agreement with Pacific Bell for the
construction of its network u rade in Pow a ' s ublic ri hts-of-wa .
ACTION:
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Agenda Report
June 27, 1995
Page 2
FINDINGS
The staff has negotiated a contract with William Marticorena for the services
outlined previously in this report. The costs for developing a draft
agreement acceptable to the City and presenting it to City Council at a
workshop session would be at an hourly rate of $195; not to exceed $7,500.
The direct negotiations with Pacific Bell may require between 25 and 50 hours
to produce a mutually acceptable agreement. Therefore, staff is recommending
that the City Council allocate up to $17,500 for legal services.
It is expected that the cities of Del Mar and Solana Beach will join with the
City of Poway in utilizing the legal services of Mr. Marticorena. If this
occurs, the cost of his services will be shared. In addition, Pacific Bell
would be expected to reimburse the cities for technical and legal services
associated with the fiber-optic upgrade.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
FISCAL IMPACT
The legal services of William Marticorena will require an appropriation of up
to $17,500. Should the cities of Del Mar and Solana Beach decide to
_. participate, the cost would be shared by the three cities.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Additional notification sent to William Marticorena, Rutan & Tucker and Sharon
Terrill, Pacific Bell.
RECOMMENDATION
It is recommended that the City Council appropriate up to $17,500 for William
Marticorena's legal services to prepare an agreement with Pacific Bell
concerning the proposed fiber-optic upgrade in Poway.
JLB:JDF:RLT:PRF
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