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HomeMy WebLinkAboutStaff Report 237-10TO: ATTN: FROM: DATE: SUBJECT: BUDGET FY 2011 HONORABLE CITY COUNCIL FINANCE COMMITTEE CITY MANAGER MAY 25, 2010 DEPARTMENT: UTILITIES CMR: 237:10 Adoption of a Resolution Amending Utilities Rate Schedules EDF-l and EDF -2 Which Approves a 2.6% Fiber Optic Rate Increase and Other Changes RECOMMENDATION Staff recommends that the Finance Committee recommend that the City Council adopt the attached resolution to: (a) Approve a 2.6 percent increase to commercial fiber optic rates EDF-l and EDF-2, for Fiscal Year (FY) 2010, effective July 1, 2010, which will increase annual revenues from commercial dark fiber customers by $48,500; and, (b) Approve other changes to the Fiber Optic Rate Schedules EDF-l and EDF-2, as attached. BACKGROUND The Utilities Department provides commercial dark fiber optic services within the boundaries of Palo Alto. For customers with fiber optic licenses beginning prior to September 18, 2006, rates for service are published in Dark Fiber Licensing Services Rate Schedule EDF-1. EDF-l was a promotional rate and was closed to new Dark Fiber licenses in 2006. New fiber customers are enrolled under Dark Fiber Licensing Services Rate Schedule EDF-3, which is cost based and does not increase by CPI annually. There are currently 16 customers on the EDF-l rate and 35 customers on the EDF-3 rate. The annual revenues from EDF-l and EDF-3 customers currently. total $1.6 million and $1.4 million respectively. As contract terms for customers on the EDF-l rate expire, customers will transfer to the EDF-3 rate so that over time, the EDF-l rate will cease to exist and all customers will be on the EDF-3 rate. Also, as CPI increases are implemented for the EDF-l rate, some customers may voluntarily choose to move from the EDF-l rate to the EDF-3 rate for cost saving purposes. 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 CMR: 237:10 Page 1 of4 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 published by the United States Bureau of Labor Statistics. 1 DISCUSSION This year staff conducted a review of the methodology used for the CPI adjustment and the language used in the description of charges in Rate Schedules EDF-1 and EDF-2 and proposes revisions to ensure consistency in the use of a CPI adjustment across departments and clarity in explanation of the charges. Historically, the EDF-1 and EDF-2 Rate Schedules have been adjusted based on,the change in Annual CPI published by the U.S. Department of Labor, Bureau of Labor Statistics. This practice, however, is inconsistent with how CPI adjustments are calculated by other City departments. The common practice is to calculate the change reported in December CPI figures and increase rates by that amount as opposed to those in the annual CPI. The CPI adjustment using the old methodology results in a 0.7 percent adjustment while the CPI adjustment calculated using the revised methodology results in a 2.6 percent adjustment. Using the revised methodology, based on the rate of change in CPI for 2009, a 2.6 percent increase is required for Rate Schedules EDF-1 and EDF-2 for FY 2011. Another revision involves the Minimum Annual Backbone License Fees and Minimum Drop Fees. These fees were not adjusted for,the prior two years and have now been amended to reflect the prior CPI changes (3.27 percent for FY 2009, 3.11 percent for FY 2010, and the current 2.6 . percent for FY 2011). In addition, as they were created for promotional purposes, the discounts related to fiber pricing under EDF-1 will no longer be increased annually according to CPI, but will remain at current levels. One clarification to the methodology is that in the event that the annual change in CPI is less than 1 %, a change to the ED F -1 rates may not be made for the upcoming year. In that case, future rate changes will take the last year of change as the new base year for purposes of calculation. For example, if the annual CPI increases in one year by only 0.5% (and a rate change is not be made that year), and the CPI changes by 1.5% in the second year, then the EDF- 1 rate would increase by 2% the second year to capture both years of CPI change. Finally, the language in the attached EDF-1 and EDF-2 rate. schedules has been revised for clarity and consistency. The other revisions to the attached EDF-1 and EDF-2 rate schedules detail the calculation of the charges, and explicitly state the source pUblication used for annual CPI adjustments. The table below outlines the adjustments proposed to the EDF-1 and EDF-2 Commercial Fiber Optic rates: 1 http://data.hls.gov/cgi-hinldsrv CMR: 237:10 Page 2 of 4 P d F'b R t I ropose 1 er a e ncreases Current ···ProPQs~d .\ : $ % ... Rate Description· .. .Rates .. Rates* Diffel'enc~ ... Difference EDF-1 (Section C-1): Dark Fiber Backbone License Fees (fiber miles/month) Fiber Price $299.22 $307,04 $7.82 2.6 Quantity discount 59.84 59.84 -- Buffer tube discount 59.84 59.84 - - Route length discount 77.80 77.80 -- Ring topology discount 23,.94 23.94 -- Length of term discount 46.80 46.80 -- Minimum Annual License Fee 425.00 464.39 39.39 9.3 EDF -1 (Section C-2): Dark Fiber Lateral Connection Fees (ft/month) Drop Cable Mgmt. Fees * $0.02-0.06 0.02-0.06 0.00-0.00 2.6 Custom Cable Mgmt Fees * 0.29 0.30 0.01 2.6 Fees for additional fiber * 0.06 0.06 0.00 2.6 Per Project Minimum Drop/Custom Cable fees 210.00 229.46 19.46 9.3 EDF-2 (Section C-1): Advance Engineering Fees (AER) Commercial/Industrial AER min. fee $715 $733 $18 2.6 * 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 $48,500 for FY 2011. 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). CMR: 237:10 Page 3 of4 ATTACHMENTS A: Resolution B: Fiber Optic Rate Schedules EDF-1 and EDF-2 PREPARED BY: ERIC KENISTON, Associate Resource Planner ('. e.~ RA VEEN MAAN, Senior Resource Planner .e.w\ REVIEWED BY: ~4NERATCHYE trA";~istant Director, Resource Management . 6)TOM AUZENNE ... ~Assistant Director, Customer Support Services DEPARTMENT APPROVAL: CITY MANAGER APPROVAL: CMR: 237:10 VALERIE ~. F<l!N,(; Director of Utilities Page 4 of4 ATTACHMENT A Not Yet Approved Resolution No. -- Resolution of the Council of the City of Palo Alto Amending Utilities Rate Schedules EDF-l and EDF-2 Which Approves a 2.6% Fiber Opti'c Rate Increase and Other Changes 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-l (Dark Fiber Licensing Services) is hereby amended to read in accordance with sheets EDF-l-l, EDF-I-2, and EDF-I-3 attached hereto and incorporated herein. The foregoing Utility Rate Schedule, as amended, shall become effective July 1,2010 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 and EDF-2-2, attached hereto and incorporated herein. The foregoing Utility Rate Schedule, as amended, shall become effective July 1, 2010 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. II II II II II II II II II II II II 1 100512jb 0073371 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 APPROVED AS TO FORM: Sr. Assistant City Attorney 100512jb 0073371 2 Mayor APPROVED: City Manager Director of Utilities Director of Administrative Services ATTACHMENT B DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 lA. 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........ ........ .......... ...... .................... ............. ........ $~307.04/FM1month (2) Quantity discount............................................................... $0 to $59.84IFMlmonth (3) Buffer tube discount ................................................. , ............... $0 to $59.84IFMlmonth (4) Route length discount........................................................... ... $0 to $77.80IFMlmonth (5) Ring topology discount. .............................................................. $0 to $23.94IFMlmonth (6) Length of term discount............................................................ $0 to $46.80/FMImonth (7) Per Project Minimum lA .. mlUal Backbone License Fee ................................................. $~64.39/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-$0.06/ftlmonth (2) Custom Cable Management Fees (for the first 12-Fibers)............................. $0.;W30/ftlmonth (3) Fees for additional Drop or Custom Cable fibers (each additional set of 12-Fibers) $0.06/ftlmonth (4) Per Project CITY OF PALO ALTO UTILITIES Issued by the City Council I Supersedes Sheet No.EDF-1-1 dated 7-01-20()[Jfl. CITY OF PALO ALTO UTI LlTI ES Effecti ve 07-01-20G91O Sheet No. EDF-l-l DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-1 Minimum Drop or Custom Cable Management Fees ......................................................................... . $229.462-W/month I4ejeet-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-1-2 dated 7-01-2008Jl. CITY OF PALO ALTO UTILITIES Effecti ve 07 -01-200010 Sheet No. EDF-1-2 DARK FIBER LICENSING SERVICES UTILITY RATE SCHEDULE EDF-l 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 in accordance with the terms of the Dark Fiber License Agreement, the customer's project proposals and all the applicable Utilities Rates, Rules, and Regulations. 2. 2. All fees and minimum charges are subject to consumer Consumer priee-Price ~Index (CPI) adjustments, to be applied annually, except as defined by Section D.3 of this Rate Schedule. Discounts will not be modified by changes to CPI. 3. The CPT adjustment will be based on the Consumer Price Index i()r All Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose MSA, published bv the U.S. Department of Labor. Bureau of Labor Statistics. The adjustment is calculated by dividing the most recent calendar year DecemberAnmtal CPI by the prior 'tear calendar DecemberAnmtal CPI in the year rates last changedat the City's discretion but not more frequently than an annual basis. In the event that the change between December cprs indicates an adjustment of less than 1 % is required, a change to rate schedules may not be made for the upcoming year. Future rate changes will take the last year of change as the new base year for purposes of calculation. CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No.EOF-1-3 dated 7-01-2()()[J200f CITY OF PALO ALTO UTILITIES {End} Effecti ve 07 -0 1-2GG920 10 Sheet No. EDF-1-3 , 1 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 ................................................................... .. (2) Special conditions (requiring expert assessment) .......................................................... . $7-h).33.00 By Estimate 2. ESTIMA TED SERVICE CONNECTION AND RECONFIGURA TION 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 .................................................... . By Estimate By Estimate (2) Reconfiguration Fees ................................................................................... . Labor rates are subject to change as stated in the Utility Rate Schedule C-l. D. 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. ~ The City shall not be held liable for delays or interruptions in service, but will make reasonable efforts to provide timely continuous service. L 3. /\11 fees are subject to consumer price index (CPT) adjustments, to be applied at the City's discretion, but not more frequently than an annual basis. All fees are subject to Consumer Price Index (CPT) adjustments, to be applied annually. The CPI adjustment will be based on the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose MSA, published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment is calculated by dividing the most recent calendar year December CPI by the December CPI in the year rates last changed. In the event that the change between December cprs indicates an adjustment of less than 1 % is required, a change to rate schedules may not be made for the uDcoming year. Future rate changes will take the last year of change as the new base year for purposes of calculation.The CPI adjustment will be based on the Consumer Price Index for All Urban Consumers (CPI U) for the San Francisco Oakland San Jose MSA, published by the U.S. Department of Labor, Bureau of Labor Statistics. The CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes sheet No. EDF-2-1 dated 7-01-2(}{)g.-200 CITY OF PALO ALTO UTILITIES Effecti ve 7 -0 1-2QQ9.20 1 0 Sheet No. EDF-2-1 • I DARK FIBER SERVICE CONNECTION FEES UTILITY RATE SCHEDULE EDF-2 adjustment is calculated by dividing the most recent calendar year Annual CPl by the prior year calendar Annual CPl. CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes sheet No. EDF-2-1 dated 7-01-2f)()[J..200 CITY OF PALO ALTO UTILITIES {End} Effecti ve 7-0 1-:2QG920 10 Sheet No. EDF -2-2