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HomeMy WebLinkAboutStaff Report 293-08City City of Palo Alto Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE: SUBJECT: JUNE 23, 2008 CMR: 293:08 FINANCE COMMITTEE RECOMMENDATION TO ADOPT A RESOLUTION AMENDING UTILITY RATE SCHEDULES EDF-1 AND EDF-2 OF THE CITY OF PALO ALTO UTILITIES RATES AND CHARGES PERTAINING TO FIBER OPTIC RATES RECOMMENDATION Staff and the Finance Committee recommend that the City Council adopt the attached resolution to: (a)Approve a 3.3 percent increase to commercial fiber optic rates EDF-1 and EDF-2, for Fiscal Year (FY) 2008-09, effective July 1, 2008, which will increase annual revenues by $48,500; and, (b)Approve the 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 leases 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 Consumer Price Index (CPI), which is calculated by the United States Bureau of Labor Statistics. CMR: 293:08 Page 1 of 2 FINANCE COMMITTEE REVIEW AND RECOMMENDATION The Finance Committee reviewed and unanimously (Council Member Yeh absent) approved the staff recommendation on June 17, 2008 (CMR:283:08, Attachment C). The Committee discussed fiber optic operations, but had no questions on the proposed rate adjustments. 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 $48,500 for FY 2008-09. 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 cm~rent City policies. ENVIRONMENTAL REVIEW The adoption of this resolution does not meet the California Environmental Quality Act’s definition of a project, pursuant to California Public Resources Code Section 21065, therefore no environmental assessment is required. ATTACHMENTS A:Resolution B:Fiber Optic Rate Schedules EDF-1 and EDF-2 C:CMR:283:08 - Recommendation to adopt a Resolution Amending Utility Rate Schedules EDF-1 and EDF-2 of the City of Palo Alto Rate and Charges Pertaining to Fiber Optic Rates (w/o attachments) D:Excerpted minutes from the June 17, 2008 Finance Committee meeting PREPARED BY: REVIEWED BY: Eric Keniston, Utilities Rate Analyst Ipek Connolly, Senior Resource Planner ,/~iA,~qE O. RATCHYE ~sistant Director of Utilities, Resource Management DEPARTMENT HEAD: O. FONG Director of Utilities CITY MANAGER APPROVAL: Deputy City Managers CMR: 293:08 Page 2 of 2 ATTACHMNOT 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 ofthe 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 sheet EDF-I-1, attached hereto and incorporated herein. The foregoing Utility Rate Schedule, as amended, shall become effective July 1, 2008. SECTION2 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 incorporated herein. The foregoing Utility Rate Schedule, as amended, shall become effective July 1, 2008. 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 080604 syn 6050387 ATTACHMENT B, DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF- 1 Ao Bo Co 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 ~om the City of Palo Alto Utilities (CPAU) pertaining to the City’s network (Backbone and associated connections). TERRITORY: Within the incorporated limits of the City of Palo Alto and land own.ed or leased by the City. FEES: 1.DARK FIBER BACKBONE LICENSE FEES: The values or ranges for each of these price components are shown below: (1) Fiber Price .........................................................................$290.20/FM!month (2) Quantity discount ...............................................................$0 to $58.04/FM!month (3) Buffer tube discount .................................................................$0 to $58.04/FM/month (4) Route length discount ..............................................................$0 to $75.45/FM/month (5) Ring topology discount ...............................................................$0 to $23.20/FM/month (6) Length of term discount ............................................................$0 to $45.39/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. 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-$0.05/ft/month (2) CustomCable Management Fees (for the first 12-Fibers) .............................$0.28/ft/month (3) Fees for additional Drop or Custom Cable fibers (each additional set of 12-Fibers) $0.05/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 Supersedes Sheet No.EDF-I-1 dated 7-01-2007 CITY OF PALO ALTO UTILITIES Proposed Effective 07-01-2008 Sheet No.EDF-I-1 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: 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. 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 Supersedes Sheet No. EDF- 1-2 dated 9-’18-2006 Proposed Effective 07-01-2008 CITY OF PALO ALTO U T I L ITI ES Sheet No.EDF-1-2 DARK FIBER SERVICE CONNECTION FEES UTILITY RATE SCHEDULE EDF-2 Ao D° APPLICABILITY: This schedule applies to all connections, expansions, and upgrades to the City’s Dark Fiber network (Backbone). TERRITORY: All territory within the incorporated limits of the City and land owned or leased by the City. FEES: 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 ...................................................................... (2) Special conditions (requiring expert assessment) ............................................................ ESTIMATED SERVICE CONNECTION AND RECONFIGURATION FEES $693.00 By Estimate 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. By Estimate By Estimate NOTES: 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. {Ena} CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes sheet No. EDF-2-1 dated 7-01-2007 CITY OF PALO ALTO UTILITIES Proposed Effective x-xx-2008 Sheet No.EDF-2-1 ATTACHMENT C TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES ATTENTION:FINANCE COMMITTEE DATE: SUBJECT: JUNE 17, 2008 CMR: 283:08 RECOMMENDATION TO ADOPT A RESOLUTION AMENDING UTILITY RATE SCHEDULES EDF-1 AND EDF-2 OF THE CITY OF PALO ALTO RATES AND CHARGES PERTAINING TO FIBER OPTIC RATES RECOMMENDATION Staff recommends that the Finance Committee recommend that the City Council adopt the attached resolution to: (a) (b) Approve a 3.3 percent increase to commercial fiber optic rates EDF-1 and EDF-2, for Fiscal Year (FY) 2008-09, effective July 1, 2008, which will increase annual revenues by $48,500; and, Approve the 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 leases 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-appr0ved Dark Fiber Licensing Agreement (CMR 177:97) allows the commercial fiber optic fees ctiarged under the EDF-1 and EDF-2 rate schedules to be adjusted annually in accordance with the Consumer Price Index (CPI), which is calculated by the United States Bureau of Labor Statistics. CMR: 283:08 Page 1 of 3 DISCUSSION For 2008, the CPI adjustment factor results in a 3.3 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: TABLE 1 - Proposed Rate Increases EDF-1 (Section C-l): Dark Fiber Backbone License Fees (fiber miles/month) Fiber Price Quantity discount Buffer tube discount Route length discount Ring topology discount Length of term discount $281.00 56.18 56.18 73.04 22.45 43.95 $290.20 58.04 58.04 75.45 23.20 45.39 EDF-1 (Section C-2): Dark Fiber Lateral Connection Fees (ft/month) Drop Cable Mgmt. Fees $0.01-$0.05 0.02-0.05 Custom Cable Mgmt Fees 0.27 0.28 Fees for additional fiber 0.05 0.05 EDF-2 (Section C-l): Advance Engineering Fees (AER) Commercial/Industrial AER min. fee $671 $693 * Calculations have been rounded to the nearest cent. ** The proposed rate matches existing rates when rounded. $9.20 1.86 1.86 2.41 0.75 1.44 0.01-0.00’* 0.01 0.00 ** $22 3.3 3.3 3.3 3.3 3.3 3.3 3.3 3.3 3.3 3.3 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 $48,500 for FY 2008-09. 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 The adoption of this resolution does not meet the California Environmental Quality Act’s definition of a project, pursuant to California Public Resources Code Section 21065, therefore no environmental assessment is required. CMR: 283:08 Page 2 of 3 ATTACHMENTS A:Resolution B:Fiber Optic Rate Schedules EDF-1 and EDF-2 PREPARED BY:Eric Keniston, Utilities Rate Analyst Ipek Connolly, Senior Resource Planner REVIEWED BY: JANE O. RATCHYE Assistant Director of Utilities, Resource Management DEPARTMENT HEAD: VALERIE O. FONG Director of Utilities CITY MANAGER APPROVAL: STEVE EMSLIE/KELLY MORARIU Deputy City Managers CMR: 283:08 Page 3 of 3 ATTACHHENT D Regular Meeting June 17, 2008 Chairperson Morton called the meeting to order at 7:00 p.m. in the Council Conference Room, 250 Hamilton Avenue, Palo Alto, California. Present:Burr, Morton (chair), Schmid Absent:Yeh 1. Oral Communications None. Recommendation to Adopt a Resolution Amending Utility Rate Schedules EDF-1 And EDF-2 of The City of Palo Alto Rates and Charges to Fiber Optic Rates MOTION: Council Member Burr moved, seconded by Council Member Schmid that the Finance Committee recommend to the City Council to adopt the attached Resolution: a) approve a 3.3 percent increase to commercial fiber optic rates EDF-1 and EDF-2, for Fiscal Year (FY) 2008-9, effective July 1, 2008, which will increase annual revenues by $48,500; and b) approve the changes to the Fiber Optic Rate Schedules (EDF-1 and EDF-2), as attached. MOTION PASSED: 3-0, Yeh absent 3.Analysis of California Public Employees Retirement System (PERS) Portfolio Yield and Pre-Payment Option (:informational :Item). There is an estimation of $500,000.00 the potential amount that can be saved in ongoing expenditure pension obligation. That amount has 2 assumptions: 1)Prepaid the pension and prepaid the retiree medical; Need to do a report with PERS, formal request to obtain the amount, since then we realized that retiree medical has assumption based that it is prepaid, which is already embedded asset; 07/05/08 FIN: 1 2) There is a lump sum annual cost of 16.3 Million, the amount that would be paid and on weekly bases would be 6.9 M. The difference between these two is $622,000.00, that is the savings which will be given to us by CAL PERS. Then the interest earning can be estimated by prepaying the amount which is $327000.00 and that is based on interest rate return for FY 08-09 of 4.15, which is based on our current holding not the actual rate. The current portfolio as of the middle of April is 4.47 which is declining for reinvestment fund and that is the reason for using 4.:[5. The savings become $295000, for the city from there we calculate the percentage for the general fund which is 46% of the holding and will leave us with the savings of $:[88,000.00 which we could put for reserve for the eventual debt service of public safety building. 4. Discussion for Future Meeting Schedules and Agendas. July :[5, 2008 at 7:00 p.m. AD]OURNIVlENT: The meeting adjourned at 7:42 p.m. 07/05/08 FIN :2