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HomeMy WebLinkAboutAuthorize the Mayor to Give Power of Attorney to the County 2006 JAB# 19 AN 8 1 C iT Y 0 1}i) I 1tN'G T Oil B'3E1%0'� Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied C' le 's Sithatuie Council Meeting Date: 2/6/2006 Departmen ID Number: IS 06-003 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELPPE CULBRETH-GRAFT, ITY ADMINISTRATOR PREPARED BY: JACK MARSHALL, DIRECTOR OF INFORMATION SERVICES SUBJECT: Authorize Power of Attorney for 800 MHz Rebanding Negotiations Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Federal Communications Commission has directed Sprint-Nextel to reorganize (reband) the 800 megahertz radio spectrum to minimize or eliminate longstanding mutual radio interference between public safety and cellular telephone radio systems. The County of Orange intends to assume the lead role in this project including negotiating the terms and conditions with Sprint-Nextel on behalf of all the Orange County agencies and is requesting that each agency sign a Power of Attorney giving the County of Orange authorization to enter into these negotiations on their behalf. Funding Source: The County of Orange has assured the City of Huntington Beach that there will be no cost to the City associated with the rebanding project. No equipment upgrades will be necessary and the County of Orange will assume the responsibility for reprogramming the radios. The cost of any city staff time spent participating in this project will also be reimbursed. Recommended Action: Motion to authorize the Mayor to sign the 800 MHz CCCS Rebanding Power of Attorney. (Attachment#1) Alternative Action(s): Do not approve the 800 MHz CCCS Rebanding Power of Attorney. This action would require negotiations with the City and Sprint-Nextel without the benefit of the expertise and resources of the County of Orange. REQUEST FOR ACTION MEETING DATE: 2/6/2006 DEPARTMENT ID NLIMBER:IS 06-003 Analysis: Sprint-Nextel is committed to paying all costs of 800 MHz Rebanding. Their incentive here is that the FCC has committed to providing them a frequency that will give them high-speed, broadband capabilities if they agree to move their existing wireless frequencies that interfere with public safety radios and pay the entire cost to move public safety (which includes Police, Fire, Marine Safety, Public Works, Planning and Building Department.) The FCC has required Sprint-Nextel to secure irrevocable letters of credit in the amount of $2.5 billion and commit to providing additional funding if necessary for this nation-wide rebanding effort. Although a significant cost, the economic benefit of broadband for Sprint-Nextel is much larger. Moving these frequencies requires retuning the approximately 1,000 radios used by the City of Huntington Beach. The cost of any City staff time spent participating in this project will also be reimbursed by Sprint-Nextel, these include: planning costs associated with 800 MHz system inventory work; legal fees associated with contract negotiations; engineering fees for system reconfiguration; costs incurred for frequency planning and replacement equipment, where necessary. The terms for these reimbursements will be determined through the negotiation process with Sprint-Nextel. By signing the attached Power of Attorney, the City of Huntington Beach will authorize the County of Orange to negotiate with Sprint-Nextel on its behalf the terms and conditions of 800 MHz Rebanding. These negotiations will be very complex and the City staff will benefit from the County's assistance and expertise. As of November 2005, the County of Orange has received a majority of signed Rebanding Power of Attorney forms from other cities. (Attachment#2) Environmental Status: None Attachment(s): City Clerk's . . - NumberDescription 1. 800 MHz CCCS Rebanding Power of Attorney 2. List of cities that have signed the Rebanding Power of Attorney Form DADocuments and Settings\RehwinkG\My Documents\RCA Rebanding.doc -2- 1/17/2006 2:22 PM r y 800 MHz CCCS REBANDING Power of Attorney F HUNTINGTON BEACH, Co f The CITY O H 1 B H, County o Orange, Calif., authorizes the County of Orange through its Sheriff—Coroner or designee, specifically its Communications Division, (hereafter referred to as OCSD/Communications)to act on its behalf to negotiate with Sprint— Nextel the terms and conditions of 800 MHz Rebanding. This 800 MHz Rebanding is required by the Federal Communications Commission. It is the expectation that Sprint-Nextel will pay all 800 MHz Rebanding costs. The results of this negotiation shalt be binding on us. The CITY OF HUNTINGTON BEACH .also understands that we may use this opportunity to upgrade, modify, or expand customer-owned 800 MHz CCCS radio equipment. It is further understood that this shall be accomplished solely at our cost, and in a timeline that matches Sprint-Nextel's 800 MHz Rebanding schedule, as approved by Sprint-Nextet at the time of negotiation. The CITY OF HUNTINGTON BEACH further understands that the County of Orange, its Sheriff—Coroner and OCSD/Communications are not responsible for damages, liability, or failure to perform regarding the subject matter of this negotiation. OCSD/Communications shall notify the CITY OF HUNTINGTON BEACH prior to accepting any offers related to 800 MHz Rebanding that would directly or,indirectly affect the CITY OF HUNTINGTON BEACH. Any decision which the CITY OF HUNTINGTON BEACH is required to make pursuant to this negotiation shall be made within 10 days of a request for same from OCSD/Communications. The undersigned possesses the legal capacity to make this authorization on behalf of the CITY OF HUNTINGTON BEACH. CITY OF HUNTINGTON BEACH Name (Authorized Agent/Title) (Agency) Dave Sullivan, Mayor sett As To Form February 13, 2006 fH r (Date) ity A torney) I / Reviewed and Approved City Administrator) Initialed and Approved Q4��k� /- /2-06 (Di ct©r of In ormation Services) RE: Power of Attorney Page 1 of 2 Esparza, Patty From: Rehwinkel, Gwen Sent: Tuesday, February 14, 2006 12:51 PM To: Esparza, Patty Subject: FW: Power of Attorney Patty, Per email below (we need the original) Call me when it's ready to be picked-up Thanks Gwen x5515 -----Original Message----- From: Moore, Jim Sent: Tuesday, February 14, 2006 12:47 PM To: Rehwinkel, Gwen Subject: FW: Power of Attorney The county needs the original. -----Original Message----- From: Huderberg, Donna [mailto:Don na.H uderberg@ocgov.com] Sent: Tuesday, February 14, 2006 11:00 AM To: 'jmoore@hbpd.org' Cc: Markey, Susan Subject: RE: Power of Attorney Jim,please send the original form to me. If you have any questions,let me know. Thank you! Donna Huderberg Staff Specialist OCSD/Communications 840 N.Eckhoff Street,Suite 104 Orange,CA 92868-1021 (714)704-7915 -----Original Message----- From:Moore,Jim<jmoore@hbpd.org> To: Susan Markey(E-mail)<susan.markey@ocgov.com> CC:Rehwinkel,Gwen<grehwinkel@surfcity-hb.org> Sent: Tue Feb 14 10:20:12 2006 Subject:Power of Attorney Hi Susan, We finally got the Power of Attorney approved and signed. Will a copy suffice or do you require the original? 2/15/2006 ATTACHMENT #2 _ 01/11/2006 11:50 7147048048 OCSD COW ADMIN PAGE 02/03 Rebandin Power of Attorney Forms Allso Vle'o Anaheim 11/10/05 . Brea 11/1-7/05 Buena Park 12/07/05 Costa Mesa Cypress 11/10/05 Dana Point ' Fountain Valle 11/15/05 . Fullerton 11/23/06 Garden Grove Huntington Beach Irvine 11/23105 La Habra 11/10/05 La Palma 11/08/06 Laguna Beach 11I08/05 Laguna Hills 11/28/06 Laguna Niguel 11/28/05 . 'La una Woods 11/28/05 Lake Forest Los Alamitos 11/16/06 Mission Viola Newport Beach 11/14/05 . Orange 11/17/05 Placentia 11/10/05. Rancho Santa Margarita 12/13/05 San Clemente 11/09/05 San Juan Capistrano 11/08/05 Santa Ana Deceived 12/8/05) Seal Beach 11/08/05' Stanton 11108//05 Tustin 11/28/06 Villa Dark Westminster. 11/14/05. Yorba Linda OCFA OCTA 12/1 S/2005 01/11/2006 11:50 7147048048 OCSD coMM ADMIN PAGE 03/03 Y . i. �d' >':A r"-_r �1 "F• .,, �. Y•...rx" j5i :'�� :r:i;�J::.,n�,r,1,..aiyWIM '`. AFRC Fire Department AMR Ambulance ' ,Boeing Fire Department CHP Helicopters 11/28/05 California State Parks CSUF Police and Fire Departments ; Camp Pendleton Fire Department Care Ambulance 12/08/05 Doctor's Ambulance 11/14/05- Emprgency Ambulance 11/14/05 FBI HBUSD Police' - 11/15/05 La Habra Heights Fire Department LA County Sheriff Aero Bureau 11/29/05. Medix Ambulance 11/22/05 Morey Air Naval Weapons Air Station Fire 11/15/05 Saddleback College Police 11/14/05 Sanitation District of Orange County 11/22105 Schaefer Ambulance US Forest Service UCI Police DeEprtment 12119,2005 RCA ROUTING SHEET ,s INITIATING DEPARTMENT: Information Services SUBJECT: Authorize Power of Attorney for 800"" 1 'ae nding' Negotiations COUNCIL MEETING DATE: February 6, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable E I Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable E Attached E Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorney Attached El Subleases, Third Party Agreements, etc. Not Applicable E Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorney) Attached ❑ ( Pp y y y) Not Applicable E Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) licable Not A o p E Attached ❑ Bonds (If applicable) Not Applicable ' ❑ Staff Report (If applicable) AttachedNot Applicable E Commission, Board or Committee Report If applicable) Attached ❑ p ( pp ) Not Applicable E Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable E EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Jim Moore