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HomeMy WebLinkAboutStaff Report 206-09TO: ATTENTION: FROM: DATE: SUBJECT: BUDGET FY 2010 -FY 2011 HONORABLE CITY COUNCIL FINANCE COMMITTEE CITY MANAGER APRIL 21, 2009 DEPARTMENT: UTILITIES CMR: 206:09 Recommendation that Finance Committee Recommend Council Adoption of a Resolution Adopting a Fiber Optic Rate Increase and Amending Utilities Rate Schedules EDF-1 and EDF-2 RECOMMENDATION Staff recommends that the Finance Committee recommend that the City Council adopt the attached resolution to: (a) Approve a 3.1 percent increase to commercial fiber optic rates EDF-1 and EDF-2, for Fiscal Year (FY) 2010, effective July 1, 2009, which will increase annual revenues by $48,000; and, (b) Approve changes to the Fiber Optic Rate Schedules EDF-1 and EDF-2, as attached. BACKGROUND The Utilities Department provides commercial dark fiber optic services within the boundaries of Palo Alto. For customers having fiber optic licenses beginning prior to September 18, 2006, rates for service are published in Dark Fiber Licensing Services Rate Schedule EDF-1. Customer expenses for engineering, construction and connection to the fiber optic backbone are charged under Dark Fiber Licensing Services Rate Schedule EDF-2. The Council -approved Dark Fiber Licensing Agreement (CMR 177:97) allows the commercial fiber optic fees charged under the EDF-1 and EDF-2 rate schedules to be adjusted annually in accordance with the annual Consumer Price Index (CPI), which is published by the United States Bureau of Labor Statistics.' DISCUSSION Based on the rate of change in annual CPI for 2008 over 2007, the CPI adjustment factor results in a 3.1 percent increase to the EDF-1 and EDF-2 rate schedules. Table 1 below outlines the adjustments proposed to the EDF-1 and EDF-2 Commercial Fiber Optic rates: 1 http://data.bls.gov/cgi-bin/dsry CMR: 206:09 Page 1 of 2 TABLE 1- Proposed Fiber Rate Increases Rate Description Current Rates Proposed Rates * $ Difference 04 Difference EDF-1 (Section C-1): Dark Fiber Backbone License Fees (fiber miles/month) Fiber Price $290.20 $299.22 $9.02 3.1 Quantity discount 58.04 59.84 1.80 3.1 Buffer tube discount 58.04 59.84 1.80 3.1 Route length discount 75.45 77.80 2.35 3.1 Ring topology discount 23.20 23.94 0.74 3.1 Length of term discount 45.39 46.80 1.41 3.1 EDF-1 (Section C-2): Dark Fiber Lateral Connection Fees (ft/month) Drop Cable Mgmt. Fees $0.02-0.05 0.02-0.06 0.00-0.01 3.1 Custom Cable Mgmt Fees 0.28 0.29 0.01 3.1 Fees for additional fiber 0.05 0.06 0.01 3.1 EDF-2 (Section C-1): Advance Engineering Fees (AER) Commercial/Industrial AER min. fee $693 $715 $22 3.1 * Calculations have been rounded to the nearest cent. RESOURCE IMPACT The additional Commercial Fiber Optic revenues resulting from the CPI increase to Dark Fiber Licensing Services Rate Schedule EDF-1 are projected to be approximately $48,000 for FY 2010. As the Dark Fiber Licensing Services Rate Schedule EDF-2 applies to customer -driven expansions and upgrades to the City's dark fiber network, and the fee represents the minimum fee, the increase in projected revenue due to this rate increase is negligible and impossible to predict. POLICY IMPLICATIONS These recommendations do not represent a change in current City policies. ENVIRONMENTAL REVIEW An increase in fiber optic rates is statutorily exempt from the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Section 21080(b)(8) and Title 14 of the California Code of Regulations Section 15273(a)(1) and (3), (modification or approval of rates and charges). ATTACHMENTS A: Resolution B: Fiber Optic Rate Schedules EDF-1 and EDF-2 PREPARED BY: IPEK CONNOLLY, Utilities, Sr. Resource Planner coc JANE O. RATCHYE, Utilities Asst Director, Resource Management DEPARTMENT APPROVAL: VALE CITY MANAGER APPROVAL: JA 1 1F KEENE, C j Manager NG, Director of Utilities CMR: 206:09 Page 2 of 2 ATTACHMENT A NOT YET APPROVED Resolution No. Resolution of the Council of the City of Palo Alto Amending Utility Rate Schedules EDF-1 and EDF-2 of the City of Palo Alto Utilities Rates and Charges Pertaining to Fiber Optic Rates The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule EDF-1 (Dark Fiber Licensing Services) is hereby amended to read in accordance with sheets EDF-1-1 and EDF-1-2, attached hereto and incorporate herein. The foregoing Utility Rate Schedule, as amended, shall become effective July 1, 2009. SECTION 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule EDF-2 (Dark Fiber Connection Fees) is hereby amended to read in accordance with sheet EDF-2-1, attached hereto and incorporate herein. The foregoing Utility Rate Schedule, as amended, shall become effective July 1, 2009. SECTION 3. The Council finds that the revenue derived from the authorized adoption enumerated herein shall be used only for the purpose set forth in Article VII, Section 2, of the Charter of the City of Palo Alto. 1/ // /1 /1 // 1 090408 syn 6050726 NOT YET APPROVED SECTION 4. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act, California Public Resources Code section 21080, subdivision (b)(8). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor APPROVED AS TO FORM: APPROVED: Deputy City Attorney City Manager Director of Utilities Director of Administrative Services 2 090408 syn 6050726 ATTACHMENT B DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 A. APPLICABILITY: This rate schedule applies to customer accounts established prior to September 18, 2006, unless the customer elects to apply the EDF-3 rate to the entire customer account. This rate applies to Fiber Optic services from the City of Palo Alto Utilities (CPAU) pertaining to the City's network (Backbone and associated connections). B. TERRITORY: Within the incorporated limits of the City of Palo Alto and land owned or leased by the City. C. FEES: 1. DARK FIBER BACKBONE LICENSE FEES: The values or ranges for each of these price components are shown below: (1) Fiber Price $29-0,214$299.22/FM/month (2) Quantity discount $0 to $58.0459.84/FM/month (3) Buffer tube discount $0 to $58.0159.84/FM/month (4) Route length discount $0 to $ 75.4577.80/FM/month (5) Ring topology discount $0 to $23.2094/FM/month (6) Length of term discount $0 to $15.3916.80/FM/month (7) Per Project Minimum Annual Backbone License Fee $425/month Project Minimum Backbone Fees apply to any project proposal signed after September 18, 2006 in which the project connects with the Backbone. Description for Discounts: Quantity discount: based on an array of discounts for quantities of fiber licensed on a specific path. Buffer tube discount: discount for numbers of full buffer tubes licensed on a specific path. Route length discount: based on the route length licensed on a specific project. Ring topology discount: The ring topology discount for customers contracting for complete rings. Term discount: based on an array of discounts for contracts greater than one and less than ten years. 2. DARK FIBER LATERAL CONNECTION FEES: Customer responsibilities and fees for drop and custom cable construction are described in the CPAU Rules and Regulations, Rate Schedule EDF-2, project proposals and other associated documents. In all cases, the Licensee shall pay an annual Drop/Custom Cable Management Fee based on the follow per foot fees: (1) Drop Cable Management Fees (for the first 12 -Fibers) $0.02- $0.0306/ft/month CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 07-01 20082009 Sheet No._EDF-1-1 CITY OF PALO ALTO Supersedes Sheet No.EDF-1-1 dated 7-01 2007200E UTILITIES DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 (2) Custom Cable Management Fees (for the first 12 -Fibers) $0.2829/ft/month (3) Fees for additional Drop or Custom Cable fibers (each additional set of 12 -Fibers) $0.0306/ft/month (4) Per Project Minimum Drop or Custom Cable Management Fees $210/month Project Minimum Drop Cable Management Fees apply to any project proposal signed after September 18, 2006. CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 07-01 20052009 Sheet No. EDF-1-2 Supersedes Sheet No. EDF-1-2 dated 7-01 2007200E CITY OF PALO ALTO UTILITIES DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 3. EARLY TERMINATION FEES: If the Licensee chooses to terminate for convenience the License Agreement or the term of any project under the License Agreement, then the Licensee shall pay the applicable termination payment as specified in this schedule or in the License Agreement, as provided below. Unless otherwise provided in the License Agreement, the Licensee shall pay a termination fee in one of the following amounts, whichever is less: • Annual fee of the contract year that the Licensee chooses to terminates in full without term discounts, or • Remaining fees of the project term as indicated in the License Agreement. D. SPECIAL NOTES: 1. All fees must be paid to the City according to the specifics in the Dark Fiber License Agreement, the customer's project proposals and all the applicable Utilities Rates, Rules, and Regulations. 2. All fees are subject to consumer price index (CPI) adjustments, to be applied at the City's discretion but not more frequently than an annual basis. [End] CITY OF PALO ALTO UTILITIES Issued by the City Council EV Effective 07-01 20082009 Sheet No._EDF-1-3 Supersedes Sheet No.EDF-1-3 dated 9 18 20067-01 CITY OF PALO ALTO UTILITIES DARK FIBER SERVICE CONNECTION FEES UTILITY RATE SCHEDULE EDF-2 A. APPLICABILITY: This schedule applies to all connections, expansions, and upgrades to the City's Dark Fiber network (Backbone). B. TERRITORY: All territory within the incorporated limits of the City and land owned or leased by the City. C. FEES: 1. ADVANCE ENGINEERING FEES: Advance engineering (AER) fees must be paid to start the engineering process and are non-refundable. The fees will be credited against the estimated project cost prior to the collection of the project construction fees. (1) Commercial/Industrial AER minimum fee $693715.00 (2) Special conditions (requiring expert assessment) By Estimate 2. ESTIMATED SERVICE CONNECTION AND RECONFIGURATION FEES All estimated service connection and reconfiguration fees must be paid prior to the scheduling of any construction or reconnections to the City's Dark Fiber network. (1) Service connection (Interconnection) fee (2) Reconfiguration Fees Labor rates are subject to change as stated in the Utility Rate Schedule C-1. D. NOTES: By Estimate By Estimate 1. The Customer is responsible for the installation and maintenance of all ducts and pathways from the facility to the property line in compliance with City of Palo Alto Utilities Rules and Regulations and contract agreements. 2. The City shall not be held liable for delays or interruptions in service, but will make reasonable efforts to provide timely continuous service. 3. All fees are subject to consumer price index (CPI) adjustments, to be applied at the City's discretion, but not more frequently than an annual basis. [End) CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 7-01 20082009 Sheet No._EDF-2-1 Supersedes sheet No. EDF-2-1 dated 7-01 20072001 CITY OF PALO ALTO UTILITIES