AL:kad A22-03170 (10-31-22)
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE MASTER FEE
AND CHARGES SCHEDULE FOR CHANGES TO THE FUEL
FLOWAGE FEES - FUEL SUPPLIER AT LONG BEACH
AIRPORT FOR THE CITY OF LONG BEACH
WHEREAS, the City Council of the City of Long Beach (“City”) seeks to amend the Master Fee and Charges Schedule to modify the fee titled Fuel Flowage Fees - Fuel Supplier to exempt unleaded aviation ga soline (“unleaded avgas”) deliveries from fees in the years 2023, 2024 and 2025; and
WHEREAS, the City’s current fee titled Fuel Flowage Fees - Fuel Supplier of $0.06 per gallon is paid by fuel suppliers and applies to fuel delivered to Long Beach Airport (Airport), including both leaded and unleaded fuel varieties; and WHEREAS, the City has conducted an extensive analysis of its services, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenu es produced by those paying service fees and charges for said services; and
WHEREAS, approximately 380,000 gallons of leaded avgas are delivered to the Airport annually, generating less than $25,000 in annual fuel flowage fee revenue; and WHEREAS, the exemption is intended to incentivize fuel providers and users at the Airport to commence the transitioning process for the sale of unleaded avgas for the general aviation community; and
WHEREAS, the City Council, directed the City Manager at its October 18, 2022 City Council meeting to establish a plan that reduces and mitigates lead pollution and implements potential programs and incentives to transition to the sale and use of commercially viable unleaded aviation fuels; and
RES-22-0205
AL:kad A22-03170 (10-31-22)
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
NOW, THEREFORE, the City Council of the City of Long Beach hereby resolves as follows:
Section 1. The facts set forth in the Recitals of this Resolution are true and correct and are hereby incorporated by reference herein as though set forth in full.
Section 2. The City Council hereby adopts and approves the new ly adjusted fee titled Fuel Flowage Fees - Fuel Supplier as set forth and described in Exhibit “A”, attached hereto and incorporated herein by this reference, as though set forth in full, word for word. The fees and charges set forth in Exhibit “A” shall thereafter be incorporated into those fees and charges previously adopted and approved by the City Council by Resolution and shall collectively be known as the Master Fee and Charges Schedule of the City of Long Beach and may be made availa ble to the public for its information and review.
Section 3. In adopting the new adjusted fees and charges set forth in this Resolution, the City Council of the City of Long Beach is exercising its powers under Article XI, Section 7 of the California Constitution.
Section 4. All requirements of California Government Code Sections 66000, et seq., are hereby found to have been satisfied.
Section 5. The fees and charges adopted and all portions of this Resolution are severable. Should any of the fees and charges or any portion of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees and/or Resolution portions shall be, and continue to be, in full force and effect, except as to those fees and/or Resolution portions that have been adjudged invalid. The City Council of the City of Long Beach hereby declares that it would have adopted each of the fees or charges and this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more of the service fees, charges or sections, subsections, clauses, sentences, phrases or other portion of this Resolution may be held invalid or unconstitutional.
Section 6. All provisions of prior City Council ordinances and resolution
EXHIBIT “A”
List of Proposed Fee Adjustments for 2023, 2024, 2025
Department: Long Beach Airport
MISCELLANEOUS FEES
Fee Name Description Fee Per
Fuel Flowage Fees
– Fuel Supplier
Fuel flowage fees shall be paid to
the City by the supplier of fuel to
facilities at the Long Beach Airport
for every gallon of fuel and
lubricant, accepted for delivery
into those facilities and used for
any purpose whether on or off the
airfield. Upon submittal of
substantiating documentation, the
fuel flowage fees may be waived
only for the following activities - (1)
Commercial aviation, where
commercial aviation activity is
defined as the carrying of persons
or cargo for hire, compensation or
reward and if such activity results
in the payment of landing fees for
that activity, (2) Any aircraft
operated by or for public agencies
which is engaged in documented
official government business,
or (3) Unleaded aviation gasoline
(Avgas) delivered in 2023, 2024 or
2025 to the Long Beach Airport.
$0.06 per gallon of fuel