Exceptions to the above calculation methodology will use the average volume for the water service size in which the customer falls as the average volume or a calculation using available usage information for the account. For those residential customers with no previous history of use during the winter billing periods, the average volume for the water service size in which the customer falls will be used.
E. For all users of the sewer system that do not receive a water bill from the City but where the user’s sewer lateral connects to a main line maintained by the Public Utilities Department, or where the sewer lateral is located in the public right -of-way, the charge for sewer service shall consist of both a daily sewer rate and a volumetric sewer rate. The daily sewer rate shall be as provided in Subsection 8(B) of this Resolution. For these customers, the volumetric sewer rate shall be based on the average volume for the customer’s water service size.
F. The City shall collect from all developments and all developments shall be required to pay a capacity charge of One Hundred and Twenty-One Dollars and Thirty-Nine Cents ($121.39) per equivalent fixture unit at the time application for sewer service is made, but in no event later than the time that the City issues a sewer permit for connection to the City sewage system, as set forth in the Long Beach Municipal Code and the “Rules, Regulations and Charges Governing Potable Water, Reclaimed
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DAWN MCINTOSH, City Attorney
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Long Beach, CA 90802-4664
Water, Sewer Service and the Water Shortage Conting ency Plan” of the Public Utilities Department.
G. Upon receipt of an application for sewer service, the City’s Department of Development Services (through the Plan Checker for Plumbing) shall calculate the amount of the capacity charge by: 1) determining if this resolution applies to the development; and 2) if this resolution does not apply, indicating same on the application for sewer service and the reason this resolution does not apply, and processing the application in accordance with ordinances, resolutions, and regulations; or 3) if this resolution does apply, determining the number of equivalent fixture units in the development and multiplying that number by the capacity charge per equivalent fixture unit.
H. The sewer capacity charge shall be subject to a nnual adjustment, effective October 1 of each year, to reflect the increase of the Construction Cost Index (“CCI”) for Los Angeles as published in the “Engineering News -Record”. The increase shall be calculated each September by dividing the CCI published in August of the current calendar year by the CCI published in August of the preceding calendar year; that figure multiplied by the sewer capacity charge in effect in October shall be the new sewer capacity charge. No adjustment shall be made to reflect a decrease in the CCI.
I. Funds derived from capacity charges shall be placed in the Sewer Fund and shall be used only for the operation, construction, reconstruction, acquisition, or maintenance of the City sewage system.
J. Anyone who has paid a capacity charge may apply for a full or partial refund if within one year after payment: 1) the applicant has not been permitted to connect to the City sewage system; or 2) the development on which the capacity charge was calculated has been modified pursuant to 10 RFA:bg A23-01628 (06-26-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
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Long Beach, CA 90802-4664
applicable City ordinances, resolutions, or regulations, resulting from a reduction in the number of equivalent fixture units. Refund applications shall be made on forms provided by the City and shall contain a declaration under oath of those facts, along with relevant documentary evidence, which qualify the applicant for the refund. In no event shall a refund exceed ninety percent (90%) of the amount of the capacity charge actually paid.
K. Anyone subject to a capacity charge who constructs, deposits money into e scrow with the City for the construction of, participates in an assessment district for the construction of, or otherwise contributes money or improvements to the City for the operation, construction, reconstruction, acquisition, or maintenance of the City sewage system shall be eligible for a credit for such contribution against the capacity charge otherwise due. The amount of the credit shall be the value of the contribution as determined by the City provided, however, that the credit shall not exceed ni nety percent (90%) of the amount of the capacity charge. Applications for said credit shall be made on forms provided by the City and shall be submitted at or before the time of application for sewer service. The application shall contain a declaration u nder oath of those facts, along with relevant documentary evidence, which qualify the applicant for the credit.
L. The capacity charge and requirements pertaining thereto shall not affect in any way the permissible use of property, density of development, design and improvement standards, public improvement requirements, or any other aspect of the development of land or construction of buildings which may be imposed by the City pursuant to the Long Beach Municipal Code, Subdivision Regulations, or other state or local laws, ordinances or regulations which shall be in effect with respect to all developments.
M. The capacity charge is a charge on development that reflects a development’s proportionate share of the present depreciated value of the 11 RFA:bg A23-01628 (06-26-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
existing City sewage system. As such the capacity charge is additional to and not in substitution of the following: 1) on-site sewer facility requirements imposed by the City pursuant to the Long Beach Municipal Code, Subdivision Regulations, and other state or local laws, ordinances or regulations; 2) sewer permit fees; 3) connection charges; 4) sewer rates; and 5) other fees, rates, and charges including but not limited to sewer standby or immediate availability charges and capital facilities charges for services or facilities other than as a proportionate share of the present depreciated value of the existing City sewe r system. In no event shall an applicant for sewer service by obligated to pay fees, rates, or charges in excess of those calculated pursuant to applicable City ordinances, which shall not individually or collectively exceed the reasonable cost of providi ng sewer service to the development.
Section 10. Any term not defined herein which is defined in the Long Beach Municipal Code or in the “Rules, Regulations and Charges Governing Potable Water, Reclaimed Water, Sewer Service, and the Water Shortage Contingency Plan” of the Public Utilities Department shall have the meaning stated therein.
Section 11.
A. Regular bills for water service and sewer service shall be issued at intervals of approximately one month (commonly called “monthly”) except in those cases where the General Manager or the Board of Public Utilities Commissioners shall prescribe another billing interval. Insofar as practical, meters shall be read at regular intervals for the preparation of regular bills, and meters shall be read as required for the preparation of opening, closing, and special bills.
B. Every water customer and every sewer customer shall be liable for payment of bills for water service and sewer service. Charges for water service and sewer service shall be included in municipal utility bills. 12 RFA:bg A23-01628 (06-26-2023)
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C. Anyone who h as been granted an exemption under Chapter
3.68 of the Long Beach Municipal Code as of the date of this resolution does not need to file a separate application for exemption hereunder.
Section 12. Whenever the correctness of any bill for water or sewer service is questioned by a customer, the procedures established in the “Rules, Regulations and Charges Governing Potable Water, Reclaimed Water, Sewer Service, and the Water Shortage Contingency Plan” of the Public Utilities Department shall be followed.
Section 13. The following wo rds shall have the meanings defined as follows:
A. “Billing unit” means one hundred (100) cubic feet of water and equals 748 gallons;
B. “Commercial” refers to activities devoted primarily to business, property management, or a profession;
C. “Industrial” refers to activities devoted primarily to manufacturing or processing;
D. “Interruptible” refers to reclaimed water service that can be suspended at any time at the Board’s discretion, without liability and dependent upon the Public Utilities Department’s reclaimed wa ter system needs for such service.
E. “Non-peaking” means total average daily demand occurring at a continuous, constant level over a twenty-four (24) hour period; F. “Peaking” means total average daily demand occurring between the hours of 9:00 p.m. and 6:00 a.m.
G. “Winter billing period” means the time period used for sewer volumetric calculation purposes, which includes bills with a bill prepared date in December, January, February, or March.
Section 14. All other resolutions of the Board of Public Utilities Commissioners, or provisions thereof, which conflict with this resolution are hereby 13 RFA:bg A23-01628 (06-26-2023)
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rescinded. The charges, conditions, and provisions established in this Resolution shall supersede all others previously established.
Section 15. The Secretary of the Board of Public Utilities Commissioners shall certify to the passage of this resolution and it shall take effect by operation of law following its approval by the City Council by ordinance.
I hereby certify that the foregoing resolution was adopted by the Board of Public Utilities Commissioners of the City of Long Beach at its meeting held on June 26, 2023, by the following vote:
Ayes: Commissioners:
Noes: Commissioners:
Absent: Commissioners:
Secretary
Board of Public Utilities Commissioners
GLORIA CORDERO, NAOMI RAINEY,
GINA MAGUIRE, FRANK MARTINEZ
ROBERT SHANNON
6/26/2023
LONG BEACH ENERGY RESOURCES DEPARTMENT Long Beach Municipal Code GAS RATE SCHEDULE Chapter 15.36
SCHEDULE 1
R E S I D E N T I A L
Applicable to residential service of natural gas for cooking, water heating, space heating and other residential uses, as set forth in Section 15.36.020 of the Municipal Code.
RATES: Residential
▪ Daily Service Charge per Meter $0.1644
▪ Tier I Rate (per therm)
Applicable to all usage at or below daily baseline $0.7474 therm allowances under Special Condition (1)
▪ Tier II Rate (per therm)
Applicable to all usage above daily baseline $1.0724
therm allowances under Special Condition (1)
▪ Cost of Gas (per therm)
Applicable to all usage Core Commodity Charge
USE PRIORITY:
Service under this schedule shall be limited to residential customers who have priority in the use of gas over customers served under any of the other rate schedules at times when there is insufficient gas to supply the demands of all customers.
SPECIAL CONDITIONS:
(1) Applicable only to specific volumes of residential cooking, water heating, space heating and other residential uses. Based on the end use for (A) single -family and individually metered dwelling units and (B) master metered multi -family dwelling units, a D aily Baseline Therm Allowance (Baseline Allowance), will be applied. Usage falling at or below the Baseline Allowance will be charged at the Tier I Rate. Usage in excess of the Baseline Allowance will be billed at the Tier II Rate.
EXHIBIT "A"
SCHEDULE 1 Effective Date: December 1, 2020
Page
2 Daily Baseline Therm Allowance
Billing
Codes End Use for Residence
(A)
Single Family and
Individually-Metered
Dwelling Units
(Per Unit)
(B)
Master-Metered
Multi-Family
Dwelling Units
(Per Unit)
1 Space Heating Only
▪ Summer (5/1 through 10/31)
▪ Winter (11/1 through 4/30)
0.473
1.691
0.000
1.210
2 Cooking & Water Heating
▪ Summer (5/1 through 10/31)
▪ Winter (11/1 through 4/30)
0.473
1.691
0.477
0.477
3 Basic Plus Space Heating
▪ Summer (5/1 through 10/31)
▪ Winter (11/1 through 4/30)
0.473
1.691
0.477
1.687
4 Cooking & Space Heating
▪ Summer (5/1 through 10/31)
▪ Winter (11/1 through 4/30)
0.473
1.691
0.089
1.299
5 Cooking Only
▪ Summer (5/1 through 10/31)
▪ Winter (11/1 through 4/30)
0.473
1.691
0.089
0.089
6 Water Heating
▪ Summer (5/1 through 10/31)
▪ Winter (11/1 through 4/30)
0.473
1.691
0.388
0.388
7 Water & Space Heating
▪ Summer (5/1 through 10/31)
▪ Winter (11/1 through 4/30)
0.473
1.691
0.388
1.598
8 Medical Condition per Exhibit “A”
▪ Summer (5/1 through 10/31)
▪ Winter (11/1 through 4/30)
1.295
2.513
N/A
N/A
9 Non-Essential Uses 0.000 0.000
Monthly allowance is expressed in therms as determined by the system average one therm equals 100,000 Btu.
SCHEDULE 1 Effective Date: December 1, 2020
Page
3 (2) Residential customers using gas for non-essential uses only, will pay the Tier II Rate for all usage. These non-essential uses include, but are not limited to decorative fireplaces, gas lamps and clothes dryers.
(3) Long Beach Energy Resources’ (ER) cost of gas is defined as an amount equal to ER’s weighted average cost per therm of gas supply purchased, nece ssary to meet the forecasted Core and Non-Core demand for the month. In addition, the cost of gas shall include the cost to administer the transportation, purchasing, remar keting, balancing, etc., of ER’s natural gas requirements, as well as the cost for any financial transactions implemented to reduce market exposure for the cost of gas. The gas purchased will be comprised of any one or combination of three increments of supply as follows:
(a) Interstate supplies delivered into the Southern California Gas Company (SoCalGas) intrastate pipeline system without consideration of SoCalGas (or any other intrastate pipeline company providing similar services) pipeline transportation and other system costs associated with intrastate delivery to the City of Long Beac h (City);
(b) Gas storage withdrawals; and
(c) Any local gas delivered directly into ER’s pipeline system.
(4) The Core Commodity Charge under this Schedule will be determined on a monthly basis and shall be equal to ER’s projected cost of gas. There will be no markup to the customer above ER’s actual cost of gas as determined by actual expenditures, but not including any discounts or rebates.
(5) The cost of all gas purchased by ER shall be assigned to either the Core or Non -Core Commodity Charge, according to the price of each increment. The Core demand (Rate Schedules 1, 2, 3, and 5) shall be met with sufficient volumes of the lowest cost increment(s) of gas.
(6) The monthly Commodity Charge will be made available to customers by calling ER at (562) 570-2066 and will also be posted on the City’s internet website. The actual cost of gas charged to the customer may differ from the posted rate as the customer’s billing period may overl ap over more than one month and therefore the billed commodity charge will reflect the weighted average commodity charge based on the number of days in each month under the customer’s billing cycle.
(7) The Commodity Charge shall be subject to adjustment as t he result of tariff, pricing changes, or regulatory action that may be imposed by governmental entities having jurisdiction therein.
(8) These rates do not apply to services provided by SoCalGas operating under franchise with the City.
LONG BEACH ENERGY RESOURCES DEPARTMENT Long Beach Municipal Code GAS RATE SCHEDULE Chapter 15.36
SCHEDULE 2
S M A L L C O M M E R C I A L A N D I N D U S T R I A L
Applicable to non -residential service of natural gas to commercial and industrial customers whose annual consumption does not exceed 12,000 therms based on the customer’s prior calendar year consumption, or estimated annual consumption for new customers, as set forth in Section 15.36.030 of the Municipal Code.
RATES:
▪ Daily Service Charge per Meter $0.4932
▪ Transmission Charge (per therm)
Tier I: All usage not to exceed 100 therms $0.7833
per summer month (April – November) or 250 therms
per winter month (December – March)
(prorated on a daily basis)
Tier II: All usage exceeding Tier I volumes $0.4271
but not exceeding 4,167 therms monthly
(prorated on a daily basis)
Tier III: All usage exceeding 4,167 therms monthly $0.1882 (prorated on a daily basis)
▪ Cost of Gas (per therm)
Applicable to all usage Core Commodity Charge
USE PRIORITY:
Customers receiving service under this schedule shall have priority in the use of gas over customers served under other rate schedules, except Schedule 1 when there is curtailment or insufficient gas to supply the demands of all customers, and such customers shall be subject to discontinuance of service without notice in case of curtailment or threatened or actual shortage of gas in favor of customers under Schedule 1. The City shall not be liable for damages, which may be occasioned by the curtailment, discontinuance or shut off of such gas supply or service.
SCHEDULE 2 Effective Date: December 1, 2020
SPECIAL CONDITIONS:
(1) At all locations where gas is furnished or used under this schedule, the customer must install separate meters to measure gas subject to a different schedule or schedules.
(2) The Cost of Gas is defined in Special Condition 3 under Gas Rate Schedule 1 and the Core Commodity Charge is determined as set forth in Special Conditions 4 and 5 of Gas Rate Schedule 1.
For other applicable Special Conditions, refer to Special Conditions 6, 7, and 8 of Rate Schedule 1.
LONG BEACH ENERGY RESOURCES DEPARTMENT Long Beach Municipal Code GAS RATE SCHEDULE Chapter 15.36
SCHEDULE 3
C O M M E R C I A L A N D I N D U S T R I A L
Applicable to commercial and industrial service of natural gas to customers with annual consumption in excess of 12,000 therms or less than 250,000 therms based on the customer’s prior calendar year consumption, or estimated annual consumption for new customers, as set forth in Section 15.36.040 of the Municipal Code.
RATES:
▪ Daily Service Charge per Meter $0.4932
▪ Transmission Charge (per therm)
Tier I: All usage not to exceed 100 therms $0.7833
per summer month (April – November) or 250 therms
per winter month (December – March)
(prorated on a daily basis)
Tier II: All usage exceeding Tier I volumes $0.4271
but not exceeding 4,167 therms monthly
(prorated on a daily basis)
Tier III: All usage exceeding 4,167 therms monthly $0.1882 (prorated on a daily basis)
▪ Cost of Gas (per therm)
Applicable to all usage Core Commodity Charge
USE PRIORITY:
Customers receiving service under this schedule shall have priority in the use of gas over customers served under other rate schedules, except Schedules 1 and 2 when there is curtailment or insufficient gas to supply the demands of all customers, and such customers shall be subject to discontinuance of service without notice in case of curtailment or threatened or actual shortage of gas in favor of customers under Schedules 1 and 2. The City shall not be liable for damages, which may be occasioned by the curtailment, discontinuance or shut off of such gas supply or service.
SCHEDULE 3 Effective Date: December 1, 2020
SPECIAL CONDITIONS:
(1) At all locations where gas is furnished or used under this schedule, the customer must install separate meters to measure gas subject to a different schedule or schedules.
(2) The Cost of Gas is defined in Special Condition 3 under Gas Rate Schedule 1 and the Core Commodity Charge is determined as set forth in Special Conditions 4 and 5 of Gas Rate Schedule 1.
For other applicable Special Conditions, refer to Special Conditions 6, 7, a nd 8 of Rate Schedule 1.
LONG BEACH ENERGY RESOURCES DEPARTMENT Long Beach Municipal Code GAS RATE SCHEDULE Chapter 15.36
SCHEDULE 4
L A R G E C O M M E R C I A L A N D I N D U S T R I A L
Applicable to commercial and industrial service to customers with annual consumption in excess of 250,000 therms based on the customer’s prior calendar year consumption, or estimated annual consumption for new customers, as set forth in Section 15.36.050 of the Municipal Code.
RATES:
▪ Daily Service Charge per Meter $11.5069
▪ Transmission Charge (per therm)
Tier I: 0 – 20,833 therms $0.2561
Tier II: 20,834 – 83,333 therms $0.1811
Tier III: 83,334 – 166,667 therms $0.1331
Tier IV: Over 166,667 therms $0.0988
▪ Cost of Gas (per therm)
Applicable to all usage Non-Core Commodity Charge
USE PRIORITY:
Service under this schedule shall have priority in the use of gas over customers served under other rate schedules, except Schedules 1, 2, 3, and 5 when there is curtailment or insufficient gas to supply the demands of all customers, and such customer s shall be subject to discontinuance of service without notice in case of curtailment or threatened or actual shortage of gas in favor of customers under Schedules 1, 2, 3, and 5. The City shall not be liable for damages, which may be occasioned by the curtailment, discontinuance or shut off of such gas supply or service.
SCHEDULE 4 Effective Date: December 1, 2020
SPECIAL CONDITIONS:
(1) At all locations where gas is furnished or used under this schedule, the customer must install separate meters to measure gas subject to a different schedule or schedules.
(2) Gas supplied under this schedule shall be subject to shutoff of service without notice to the customer in the event of nonpayment exceeding fifteen (15) days from the date of mailing of a statement to the customer.
(3) Long Beach Energy Resources’ (ER) cost of gas is defined as an amount equal to ER’s weighted average cost per therm of gas supply purchased, necessary to meet the forecasted Core and Non-Core demand for the month. In addition, the cost of gas shall include the cost to administer the transportation, purchasing, remarketing, balancing, etc. of ER’s natural gas requirements, as well as the cost for any financial transactions implemented to reduce market exposure for the cost of gas. The gas purchased will be comprised of any one or combination of three increments of supply as follows:
(a) Interstate supplies delivered into the Southern California Gas (SoCalGas) intrastate pipeline system without consideration of SoCalGas (or any other intrastate pipeline company providing similar services) pipeline transportation and other system costs associated with intrastate delivery to the City of Long Beach (City); (b) Gas storage withdrawals; and
(c) Any local gas delivered directly into ER’s pipeline system.
(4) The Non-Core Commodity Charge under this Schedule will be determined on a monthly basis and shall equal ER’s projected cost of gas. There will be no markup to the customer above ER’s actual cost of gas as determined by actual expenditures, but not including any discounts or rebates.
(5) The cost of all gas purchased by ER shall be assigned to either the Core or Non -Core Commodity Charge according to the price of each increment. The Non -Core demand (Rates Schedules 4 and 7) shall be met with sufficient volumes of the highest cost increment(s) of gas.
(6) All Customers eligible for service under this Schedule, may at any time elect to switch to Schedule 9 in order to procure their own gas at a possible savings by entering into a written Transportation/Service Agreement with the City.
For other applicable Special Conditions, r efer to Special Conditions 6, 7, and 8 of Rate Schedule 1.
LONG BEACH ENERGY RESOURCES DEPARTMENT Long Beach Municipal Code GAS RATE SCHEDULE Chapter 15.36
SCHEDULE 5
C O M P R E S S E D N A T U R A L G A S
Applicable to the sale of natural gas to customers who use Compressed Natural Gas (CNG) as a motor vehicle fuel, as set forth in Section 15.36.060 of the Municipal Code.
RATES:
CNG Service through a Dedicated Meter
▪ Daily Service Charge $0.4274
▪ Transmission Charge (per therm)
Compressed: All usage when compression is performed by utility $1.3104 Uncompressed: All usage when compression is performed by customer $0.2683
Residential and CNG Service through a Single Common Meter
▪ Daily Service Charge $0.3288
▪ Transmission Charge (per therm)
Uncompressed: All usage when compression is performed by customer $0.2871
Cost of Gas (per therm)
Applicable to all usage Core Commodity Charge
Upon recom mendation by the Director of Long Beach Energy Resources (ER), the City Manager may adjust the amount of the Cost of Gas a maximum of 10% above or below the stated Cost of Gas to reflect current changes in market conditions.
The customer's Cost of Gas is subject to adjustment for the payment of any local, state, or federal taxes, fees, or other charges, which may be imposed on such sales or services.
SCHEDULE 5 Effective Date: December 1, 2020
USE PRIORITY:
Customers receiving service under this schedule shall have priority in the use of gas over customers served under other rate schedules except Schedules 1, 2, and 3 when there is curtailment or insufficient gas to suppl y the demands of all customers, and such customers shall be subject to discontinuance of service without notice in case of curtailment or threatened or actual shortage of gas in favor of customers under Schedules 1, 2, and 3. Customers receiving CNG and Residential service through a single common meter shall retain the priority established under Schedule 1. The City shall not be liable for damages, which may be occasioned by the curtailment, discontinuance shut off of such gas supply or service.
SPECIAL CONDITIONS:
(1) At all locations where gas is furnished or used under this schedule, the customer must install separate meters to measure gas subject to a different schedule or schedules, except that customer may elect to receive both Residential and CNG service through a single meter at the rates set in this schedule.
(2) If customer elects to receive both Residential and CNG service through a single meter the specific amounts of gas supplied for each service will be indeterminable, and customer therefore agrees to pay the Utility Users Tax on the full amount of gas supplied through the single common meter and applicable charges.
(3) Establishment of service under this schedule is subject to initial and periodic verification of an installed natural gas vehicle (NGV) home refueling appliance at customer’s address, and proof of a current NGV registration or lease listing customer’s address.
(4) The owner of any vehicle obtaining or attempting to obtain CNG fuel from a fueling station on City property shall be liable for any and all damages to CNG pumps or adjacent City property while refueling or attempting to refuel. Customers shall pay all damages within 30 days from the time billed by the City. If any damage amount is disputed within 15 days from the billing date, Customer shall provide a request in writing setting out the disputed amount and request for an adjustment, including any proof substantiating same, and shall deliver this to the Director of the ER for a determination, which shall be made in writing. Thereaf ter, the Customer may appeal the Director’s determination to the City Council within 30 days of receipt of determination.
(5) The Cost of Gas is defined in Special Condition 3 under Gas Rate Schedule 1 and the Core Commodity Charge is determined as set forth in Special Conditions 4 and 5 of Gas Rate Schedule 1.
For other applicable Special Conditions, refer to Special Conditions 6, 7, and 8 of Rate Schedule 1.
LONG BEACH ENERGY RESOURCES DEPARTMENT Long Beach Municipal Code GAS RATE SCHEDULE Chapter 15.36
SCHEDULE 7
E L E C T R I C G E N E R A T I O N
Applicable to service of customer’s gas used for the production of electrical energy.
RATES:
▪ Daily Service Charge per Customer
For Customers using less than 3 million therms per year $1.6438 For Customers using 3 million therms or more per year No Charge
▪ Transmission Charge (per therm)
For Customers using less than 3 million therms per year $0.1760 For Customers using 3 million therms or more per year $0.0519
▪ Cost of Gas (per therm) Non-Core Commodity Charge Plus a Surcharge of $0.0500
Upon re commendation by the Director of Long Beach Energy Resources (ER), the City Manager, subject to approval of City Council, may adjust on a case-by-case basis the amount of the surcharge in the Cost of Gas per therm a maximum of $0.05 above or below the stated surcharge rate to reflect current changes in market conditions. Notice of the upcoming monthly surcharge amount will be posted at ER at least 15 days before the beginning of each month and will also be available from ER by telephone or facsimile upon request. The Non -Core Commodity Charge will be posted at ER within 10 days after the end of each month and will also be available from the ER website http://www.longbeach.gov/energyresources as well as by telephone or facsimile upon request.
USE PRIORITY:
Customers receiving service under this schedule shall have priority in the use of gas equal to customers served under Rate Schedule 9 and lower than Rate Schedules 1, 2, 3, 4, and 5, when there is curtailment or insufficient gas to supply the demands of all customers, and such customers shall be subject to discontinuance of service without notice in case of curtailment or threatened or actual shortage of gas in favor of customers under Schedules 1, 2, 3, 4, and 5.
The City shall not be liable for damages which may be occasioned by the curtailment, discontinuance or shut off of such gas supply or service.
SCHEDULE 7 Effective Date: December 1, 2020
SPECIAL CONDITIONS:
(1) At all locations where gas is furnished or used under this schedule, the customer must install separate meters to measure gas subject to a different schedule or schedules.
(2) Gas supplied under this schedule shall be subject to shutoff of service without notice to the customer in the event of nonpayment exceeding 15 days from the date of mailing of a statement to the customer.
(3) Gas transported and delivered under this schedule shall be used only by the customer.
(4) Gas transported and delivered under this schedule shall be supplied at standard delivery pressure. Additional costs to serve a customer at higher than standard delivery pressure shall be borne by the customer.
(5) Gas supplied under this schedule is only available for the electric generation portion of the customer’s gas purchases.
(6) As a condition precedent to service under this schedule when customer elects to procure its own gas supply, a separate Transportation/Service Agreement with the City must be executed. The Transportation/Service Agreement shall specify the terms and conditions applicable to service under this schedule. Any costs including modifications or new facilities that may be required to provide the transportation service shall be paid f or in advance by the customer.
(7) Any additional transmission costs, surcharges or penalties incurred by ER on behalf of these customers will be passed through to the customer at cost.
(8) Customer may elect to purchase all of its gas commodity from ER if customer does the following: a) maintains a deposit with ER for the remaining term of the Agreement in an amount equal to the average of two months of gas commodity and transportati on charges, b) customer advises ER 10 days before the initial month that the cus tomer elects to purchase all of its gas from ER for the remaining term of the Agreement, and c) customer pays as agreed upon receipt of the monthly bill and is not delinquent in any prior month’s billing.
(9) The Cost of Gas is defined in Special Condition 3 under Gas Rate Schedule 4 and the Non-Core Commodity Charge is determined as set forth in Special Conditions 4 and 5 of Gas Rate Schedule 4.
For other applicable Special Conditions, refer to Special Conditions 6, 7, and 8 of Rate Schedule 1.
LONG BEACH ENERGY RESOURCES DEPARTMENT Long Beach Municipal Code GAS RATE SCHEDULE Chapter 15.36
SCHEDULE 9
TRANSPORTATION AND EXCHANGE OF NATURAL G AS SERVICE
Applicable to natural gas procured by commercial/industrial customers with annual consumption in excess of 250,000 therms based on the customer's prior calendar year consumption, or estimated annual consumption for ne w customer, transported or exchanged by LBGO for the customer under Section 15.36.080 of the Municipal Code.
RATES:
▪ Daily Service Charge per Customer $11.5069
▪ Transmission Charge (per therm)
Tier I: 0 – 20,833 therms $0.1936
Tier II: 20,834 – 83,333 therms $0.1186
Tier III: 83,334 – 166,667 therms $0.0706
Tier IV: Over 166,667 therms $0.0363
USE PRIORITY:
Service under this schedule provides transportation and delivery of customer -procured compatible pipeline quality gas from designated receipt points to customer premises.
Customers receiving service under this schedule shall have priority in the use of gas equal to customers served under Rate Schedule 7, and lower than Rate Schedules 1, 2, 3, 4, and 5, when there is curtailment or insufficient gas to supply the demands of all customers, and such customers shall be subject to discontinuance of service without notice in case of curtailment or threatened or actual shortage of gas in favor of customers under Schedules 1, 2, 3, 4, and 5.
The City shall not be liable for damages which may be occasioned by the curtailment, discontinuance or shut off of such gas supply or service.
SCHEDULE 9 Effective Date: December 1, 2020
SPECIAL CONDITIONS:
(1) As a condition precedent to service under this schedule, a separate Transportation/Service Agreement must be executed. The Transportation/Service Agreement shall specify the terms and conditions applicable to service under this schedule. Also, customer may be required to pay a deposit equivalent to two times the customer’s estimated average monthly billing.
(2) Any costs including modifications or new facilities that may be required to provide the transportation service shall be paid in advance by the customer.
(3) Gas transported under this schedule shall be used only by the customer and such gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter or consumer within the City.
(4) At all locations where gas is furnished or used under this schedule, the customer must install separate meters to measure gas subject to a different schedule or schedules.
The customer will be required to pay for the installation and cost of electronic meter reading equipment and monthly charges associated with such equipment.
(5) These rates do not apply to services provided by the Southern California Gas Company operating under franchise with the City.
(6) Any additional transmission costs or surcharges incurred by the City on behalf of these customers will be passed through to the customer at cost.
11 June 22, 2023
Recommendation
Adopt Resolution UT-1484 adopting the annual budget for the Long Beach Utilities Department for the fiscal year 2023-2024 and authorize staff to transmit the Resolution and the budget to the City Manager, Mayor, and City Council.
Executive Summary
The Fiscal Year 202 3-2024 Budget represents the planned expenditures and projected revenues needed to execute the Department’s mission for the next fiscal year. All individual sections of the budget have been reviewed with the Board.
To accommodate the City’s budget development schedule, the Utilities Department must estimate the City budget components of employee salary, skill pay, fringe benefits, and City support services. As a result, this authorizes the General Manager to adjust the adopted Water , Sewer, and Gas Fund budgeted expenditures on the aforementioned budget items by an amount not to exceed 5.0% of the total of such charges. If these changes exceed 5.0%, staff will return to the Board of Utilities Commissioners for amendment and approval of the FY 2023-2024 Budget.
Attachment 1 provides a summary of the major budget components. Attachment 2 is the Budget Resolution for Board adoption, which is a necessary action as identified in the guidelines for the Department in the City Charter. Subsequently, staff would transmit the approved Resolution and Budget to the City Manager, Mayor , and City Council, prior to approval by the City Council in September.
B. Anatole Falagan Christopher J. Garner
Assistant General Manager General Manager
Attachments
X2
UNFINISHED BUSINESS
Item laid over from June 22, 2023
6/26/2023
1484
ATTACHMENT 1
HIGHLIGHTS
Personal Services – The FY 24 Water Fund and Gas Fund personal services budgets are each approximately $1 M and larger than FY 2 3, mainly attributable to union contract increases and PERS contribution costs. The FY 24 Sewer Fund personal services budget is relatively flat from FY 23.
O&M Services – The FY 24 Water Fund O&M services budget is approximately $4 M more than FY 23. The Gas Fund O&M’s increase reflects higher commodity costs compared to FY 23. The costs are a full pass-through to customers. The FY 24 Sewer Fund O&M services budget remains roughly equal to the FY 23 budget.
CIP – The FY 24 Water Fund, Sewer Fund, and Gas Fund CIP are roughly equal to the FY 2 3 budgets. The focus continues to be on investment in well rehabilitation and new well development and critical infrastructure repair and maintenance.
Revenue – FY 24 Water Fund rate revenues are estimated to be flat compared to FY 23. Overall revenue is expected to increase due to a higher use of the Line of Credit to fund critical CIP . FY 24 Gas Fund revenue is higher than FY 23, reflecting slightly higher commodity costs that what was budgeted for FY 23. It should be noted that the FY 23 budget was adopted before the recent winter gas price spike. Due to recent hedging measures, staff does not forecast as significant a winter price surge in FY 24. The FY 23 Sewer Fund revenues are estimated to increase by $1.3 M mainly due to increased developer fees.
1 RFA:bg A23-01632 (06-26-2023)
01540827.DOCX
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
RESOLUTION NO. UT-1484
A RESOLUTION OF THE CITY OF LONG BEACH
BOARD OF PUBLIC UTILITIES COMMISSIONERS
ADOPTING THE ANNUAL BUDGET FOR THE LONG BEACH
PUBLIC UTILITIES DEPARTMENT FOR THE FISCAL YEAR
2023-2024
The Board of Public Utilities Commissioners of the City of Long Beach resolves as follows:
Section 1. That the annual department budget of the Long Beach Public Utilities Department for the fiscal year 2023-2024 is hereby adopted as follows:
WATER
Estimated Fund Balance 10-1-2023 $8,851,658
Estimated Revenues $168,344,878
Total Estimated Resources $177,196,536
Estimated Expenditures $162,428,393
Estimated Fund Balance 9-30-2024 $14,768,143
SEWER
Estimated Fund Balance 10-1-2023 $12,327,919
Estimated Revenues $21,396,298
Total Estimated Resources $33,724,217
Estimated Expenditures $23,503,498
Estimated Fund Balance 9-30-2024 $10,220,719
Gas
Estimated Fund Balance 10-1-2023 $23,433,772
2 RFA:bg A23-01632 (06-26-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
Estimated Revenues $129,110,345
Total Estimated Resources $152,544,117
Estimated Expenditures $130,733,000
Estimated Fund Balance 9-30-2024 $21,811,117
The most up-to-date current year estimated expenditures and revenues are included in the estimated fund balances and were provided in detail at the Board Meeting held on May 17, 2023. Detailed schedules and other data which accompany the budget are provided for information purposes only and are not intended to limit expenditures.
Section 2. The City’s Fiscal Year 20 23-2024 budget development calendar requires submission of proposed budgets to the Mayor by July 3, 20 23. To accommodate the City’s schedule, the Public Utilities Department must accelerate the adoption of its Fiscal Year 2023-2024 budget. This requires the Public Utilities Department to estimate certain City budget components , including ongoing labor negotiations , employee fringe benefits , and City support charges. These charges are included in the above budget numbers as estimated amounts.
The Public Utilities Department anticipates the final City amounts will be delivered to the Public Utilities Department in July. After the Public Utilities Department receives the actual amounts, the Budget of the Long Beach Public Utilities Department will need to be revised to reflect these actual amounts. Therefore, the Board of Public Utilities Commissioners authorizes the General Manager of the Long Beach Public Utilities Department to adjust the adopted Water Fund , Sewer Fund , and Gas Fund budgeted expenditures for employee salaries, skill pays, fringe benefits, and City support charges by an amount not to exceed five percent (5.0%) of the total of such charges included in the adopted budgets to reflect any increases in City charges above the estimat ed amounts budgeted for fiscal year 20 23-2024. The General Manager shall make the necessary adjustments prior to submittal of the Long Beach Public Utilities Department budget to the City.
3 RFA:bg A23-01632 (06-26-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
Section 3. The Secretary of the Board of Public Utilities Commissioners shall certify to the passage of this resolution, and cause copies of the same to be filed with the City Council, the City Auditor, and the City Manager.
I hereby certify that the foregoing resolution was adopted by the Board of Utilities Commissioners of the City of Long Beach, at its meeting of June 26, 2023, by the following vote:
Ayes: Commissioners: _______________________________
_______________________________
_______________________________
Noes: Commissioners: _______________________________
Absent: Commissioners: _______________________________
_______________________________
_______________________________
Secretary
Board of Public Utilities Commissioners
6/26/2023
GLORIA CORDERO, NAOMI RAINEY,
GINA MAGUIRE, FRANK MARTINEZ,
ROBERT SHANNON
Long Beach Community Investment Company (LBCIC)
Established by the City Council, the Long Beach Community Investment Company (LBCIC) oversees the delivery of housing and neighborhood revitalization services. The Housing Services Division in the Development Services Department staffs the LBCIC. Annually, the LBCIC prepares its housing budget for approval by the City Council. The LBCIC’s budget is a subset of the entire Housing Development Fund Group. Revenue sources in this fund include rental income, loan repayments and interest from mortgage assistance programs, and land sale proceeds. This revenue supports the FY 24 LBCIC budget of $10,675,142. The development of housing is a multi-year endeavor and staff continues to work on projects budgeted in prior years.
LBCIC Expenditures Budget
Operation of LBCIC-owned properties (321 W. 7th Street and 1044 Maine Avenue) 228,000 Development Projects Rental - Notice of Funding Available 10,000,000 Administration 447,142
Total 10,675,142$
The Long Beach Community Investment Company
LBCIC Expenditures
FY 24
PROPOSED
BUDGET
LBCIC-Owned Rental Projects
321 West 7th (Lois Apartments -- 24 units) 150,000
1044 Maine Apartments (11 units) 78,000
Subtotal LBCIC-Ow ned Rentals 228,000 $
Development Projects
Rental
Bloom at Magnolia -
Excelerate - 3590 E PCH -
Notice of Funding Availability 10,000,000
Subtotal Rental 10,000,000 $
LBCIC Administration
Administrative Expenditures 110,142
HOME Revenue Transfer
Project Administration (Property Mgmt/Project Dev) 200,000 Project Staff Costs 137,000
Subtotal LBCIC Admin 447,142 $
Total LBCIC Expenditures 10,675,142 $
1 01543751.docx A23-01826
RES: TRANSFER HARBOR REVENUE FUNDS FY 2023 [06/30/2023] TIDELAND OPERATING FUND [CMG/arh] 1 2
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO. HD-
A RESOLUTION OF THE BOARD OF HARBOR
COMMISSIONERS OF THE CITY OF LONG BEACH
APPROVING UPON CERTAIN FINDINGS, THE TRANSFER
OF FIVE PERCENT OF GROSS OPERATING REVENUES
FOR FISCAL YEAR 2023 FROM THE HARBOR REVENUE
FUND TO THE TIDELAND OPERATING FUND PURSUANT
TO THE PROVISIONS OF SECTION 1209(c)(4) OF THE
CHARTER OF THE CITY OF LONG BEACH
WHEREAS, the City Council of the City of Long Beach has requested transfer from the Harbor Revenue Fund to the Tideland Operating Fund pursuant to Section 1209(c)(4) of the Charter of the City of Long Beach, the form of which request is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Board of Harbor Commissioners of the City of Long Beach (“Board”) has considered the request and wishes to make the necessary findings and approve the transfer.
NOW, THEREFORE, the Board resolves as follows:
Section 1. The Board hereby finds and determines that:
A. The requested transfer of five percent of gross operating revenues (currently estimated to be $24,122,500) for the fiscal year commencing October 1, 2022 and ending September 30, 2023, will not be needed for Harbor Department operations, including, without limitation, operating expenses and capital projects, and such transfer will not result in insufficient funds to pay the principal and interest as they fall due, or otherwise impair the ability to meet covenants of general obligation or revenue bonds issued for harbor purposes.
Sec. 2. Based upon such findings, the proposed transfer is approved, in 3139
2 01543751.docx A23-01826
RES: TRANSFER HARBOR REVENUE FUNDS FY 2023 [06/30/2023] TIDELAND OPERATING FUND [CMG/arh] 1 2
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
the amount of $24,122,500 and shall be made by journal entry in four equal quarterly payments on or about October 1, 2023, January 1, 2024, April 1, 2024 and July 1, 2024 with a reconciliation, as necessary, to reflect the final audited gross operating revenues as shown on the Harbor Department’s independently audited financial statements of the period ending September 30, 2023.
Sec. 3. This resolution shall take effect immediately upon its adoption by the Board of Harbor Commissioners, and the Secretary of the Board shall certify to the vote adopting this resolution and shall cause a certified copy of this resolution to be filed forthwith with the City Clerk. The City Clerk shall post the resolution in three conspicuous places in the City of Long Beach.
I hereby certify that the foregoing resolution was adopted by the Board of Harbor Commissioners of the City of Long Beach at its meeting of ____________, 2023 by the following vote:
Ayes: Commissioners: ___________________________________ ___________________________________
Noes: Commissioners: ___________________________________
Absent: Commissioners: ___________________________________ Not Voting: Commissioners: ___________________________________ ___________________________________
Secretary
July 24
Lowenthal, Olvera, Weissman
Colonna, Neal
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH REQUESTING THE BOARD OF
HARBOR COMMISSIONERS OF THE CITY OF LONG
BEACH TO APPROVE A TRANSFER FROM THE HARBOR
FUND GROUP TO THE TIDELANDS OPERATIONS FUND
GROUP PURSUANT TO THE PROVISIONS OF CITY
CHARTER SECTION 1209(C)(4)
WHEREAS, City Charter Section 1209(c)(4) authorizes the transfer of monies deposited to the credit of the Harbor Fund Group to the Tidelands Operations Fund Group under certain conditions; and
WHEREAS, the City Council finds and determines that a transfer of funds from the Harbor Fund Group to the Tidelands Operations Fund Group is required to meet the lawful obligations of the Tidelands Operations Fund Group; and WHEREAS, City Charter Section 1209(c)(4) provides for the transfer of a maximum of five percent (5%) of the gross operating revenues of the Harbor Department; NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. A transfer of funds from the Harbor Fund Group to the Tidelands Operations Fund Group is required to meet the lawful obligations of the Tidelands Operations Fund Group.
Section 2. That five percent (5%) of the gross operating revenues of the Harbor Department be transferred to the Tidelands Operations Fund Group.
Section 3. The transfer is being requested quarterly with a reconciliation, as necessary, to reflect he actual operating revenues reported in the Harbor Department’s Fiscal Year 2023 audited financial statements.
RES-23-0084
EXHIBIT A
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28 Section 4. The City Council by a vote of two-thirds (2/3) of all its members requests that the Board of Harbor Commissioners approve the transfer of five percent (5%) of the gross operating revenues (estimated at approximately Twenty-Four Million One Hundred Twenty-Two Thousand Five Hundred Dollars ($24,122,500) based upon the Harbor Department's FY23 audited financial statement amount) from the Harbor Fund Group to the Tidelands Operations Fund Group, which transfer shall be made by journal entry on the books of the City of Long Beach.
Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _____ J_u_n_e_6 _____ , 2023 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
MJK:rj A23-01274
01527551.DOCX
2 Zendejas, Duggan, Supernaw, Saro,
Uranga, Austin, Ricks-Oddie.
None.
Allen, Kerr.
None.
EXHIBIT A
Date: July 10, 2023
To: Mario Cordero, Executive Director, Port of Long Beach
From: Thomas B. Modica, City Manager
Subject: Harbor Transfer to the Tidelands Operating Fund
On June 6, 202 3, the City Council adopted Resolution No. 23-0084 requesting the Board of Harbor Commissioners approve a transfer based on five percent of the Port’s estimated gross operating revenue for FY 2023.
Operating revenue generated in the Tidelands is not sufficient to cover the annual Tidelands operating expense. While the passage of Measure D provides additional oil and lease revenue to the Tidelands Operating Fund Group, the Harbor transfer remains a key source of support that is clearly needed to sustain critical operations in the Tidelands, including public safety, the Convention Center, and Aquarium debt payments. In general, the recent high oil prices, continued healthy Port operations and an improving economy are all expected to help the Tidelands Operating Fund Group in the longer-term.
I am forwarding the City Council’s request (attached) for consideration by the Board of Harbor Commissioners at their next available meeting date.
If you have any questions, please contact me at (562) 570-5091.
ATTACHMENTS
CC: DAWN A. MCINTOSH, CITY ATTORNEY
LINDA F. TATUM, ASSISTANT CITY MANAGER
KEVIN RIPER, DIRECTOR OF FINANCIAL MANAGEMENT
Memorandum
Department of Financial Management
411 West Ocean Boulevard, 6th Floor
Long Beach, CA 90802
(562) 570-6425
June 6, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Adopt a Resolution requesting that the Board of Harbor Commissioners approve the transfer of 5 percent of Fiscal Year 2023 (FY 23) gross operating revenue, from the Harbor Fund Group to the Tidelands Operati ng Fund Group, with a true -up adjustment, if necessary, to reflect the final gross revenue amount upon issuance of the Harbor Department’s FY 23 audited financial statements. (Districts 1, 2, 3)
DISCUSSION
City Charter Section 1209(c)(4) provides for the transfer of a maximum of 5 percent of Harbor Department gross operating revenue. The Charter provides that the City Council, by a two-thirds (2/3) vote expressed by Resolution, may request the transfer in or der to meet the lawful obliga tions of the Tidelands Operating Fund Group. The provision requires a majority vote of the Board of Harbor Commissioners, expressed by Resolution, to enact the transfer, determining that the funds will not be needed for Harbor Department operations. The Harbor Department Proposed FY 24 Budget, approved by the Board of Harbor Commissioners, will include a transfer amount calculated on 5 percent of FY 2 3 operating revenue, which is currently estimated at $ 24,122,500. This amount i s approximately a 5 percent increase from the transfer amount to be received for the previous fiscal year. Approval of the transfer to the Tidelands Operating Fund Group will be considered by the Board of Harbor Commissioners as a separate budget action in response to this formal request by the City Council.
Tidelands Fund Requirements
Department operating revenues generated in the Tidelands area (parking, leases, service agreements, etc.) and Tidelands oil revenue are insufficient to fund Tidelands operations.
The Harbor revenue transfer is a critical funding source for Tidelands operations citywide, including support for lifeguards, waterfront maintenance and operations, the Convention Center, and annual debt service payments on City bonds issued for the Aquarium.
This matter was reviewed by Deputy City Attorney Monica J. Kilaita and Budget Analysis Officer Greg Sorensen on May 3, 2023.
R-25
HONORABLE MAYOR AND CITY COUNCIL
June 6, 2023
TIMING CONSIDERATIONS
Authority to transfer the funds must be expressed by Resolutio n (attached). Since the adoption of the FY 24 Tidelands budget is dependent upon the annual transfer, the City Council and Board of Harbor Commissioners must adopt Resolutions prior to the City Council’s adoption of the FY 2 4 Budget, which includes the budget of the Harbor Department. City Council approval is requested on June 6, 2023 to allow time for the FY 23 transfer of 5 percent of gross operating revenue to be approved by the Board of Harbor Commissioners for the Proposed FY 24 Budget.
FISCAL IMPACT
The transfer of 5 percent of FY 23 gross operating revenue from the Harbor Fund Group to the Tidelands Operating Fund Group will be included in the City Manager’s Proposed FY 24 Budget to support Tidelands operations and debt service. The transfer amount will be paid quarterly and will be based on the actual operating revenues reported in the Harbor Department’s FY 2 3 audited financial statements. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no fiscal or local job impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
KEVIN RIPER
DIRECTOR
FINANCIAL MANAGEMENT
ATTACHMENT - RESOLUTION
APPROVED:
THOMAS B. MODICA
CITY MANAGER
1 MJK:rj A23-01274
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH REQUESTING THE BOARD OF
HARBOR COMMISSIONERS OF THE CITY OF LONG
BEACH TO APPROVE A TRANSFER FROM THE HARBOR
FUND GROUP TO THE TIDELANDS OPERATIONS FUND
GROUP PURSUANT TO THE PROVISIONS OF CITY
CHARTER SECTION 1209(C)(4)
WHEREAS, City Charter Section 1209(c)(4) authorizes the transfer of monies deposited to the credit of the Harbor Fund Group to the Tidelands Operations Fund Group under certain conditions; and
WHEREAS, the City Council finds and determines that a transfer of funds from the Harbor Fund Group to the Tidelands Operations Fund Group is required to meet the lawful obligations of the Tidelands Operations Fund Group; and WHEREAS, City Charter Section 1209(c)(4) provides for the transfer of a maximum of five percent (5%) of the gross operating revenues of the Harbor Department; NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. A transfer of funds from the Harbor Fund Group to the Tidelands Operations Fund Group is required to meet the lawful obligations of the Tidelands Operations Fund Group.
Section 2. That five percent (5%) of the gross operating revenues of the Harbor Department be transferred to the Tidelands Operations Fund Group.
Section 3. The transfer is being requested quarterly with a reconciliation, as necessary, to reflect he actual operating revenues reported in the Harbor Department’s Fiscal Year 2023 audited financial statements.
RES-23-0084
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28 Section 4. The City Council by a vote of two-thirds (2/3) of all its members requests that the Board of Harbor Commissioners approve the transfer of five percent (5%) of the gross operating revenues (estimated at approximately Twenty-Four Million One Hundred Twenty-Two Thousand Five Hundred Dollars ($24,122,500) based upon the Harbor Department's FY23 audited financial statement amount) from the Harbor Fund Group to the Tidelands Operations Fund Group, which transfer shall be made by journal entry on the books of the City of Long Beach.
Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _____ J_u_n_e_6 _____ , 2023 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
MJK:rj A23-01274
01527551.DOCX
2 Zendejas, Duggan, Supernaw, Saro,
Uranga, Austin, Ricks-Oddie.
None.
Allen, Kerr.
None.
1 MJK:rj A23-02176 (08-07-2023)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, 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 ADOPTING AN APPROPRIATIONS
LIMIT FOR THE CITY OF LONG BEACH FOR THE 2023-2024
FISCAL YEAR PURSUANT TO ARTICLE XIII(B) OF THE
CALIFORNIA CONSTITUTION
WHEREAS, Article XIII(B) of the California Constitution provides for an annual appropriations limit for state and local governments beginning with the 1980 -81 fiscal year, based on 1978-79 appropriations, as adjusted for specified annual changes in population and inflation; and
WHEREAS, Section 7910 of the Government Code also provides that fifteen (15) days prior to such meeting, documentation used in the determination of the appropriations limit shall be available to the public; and that each year the City Council shall, by resolution, establish the appropriations limit for the City of Long Beach for the following fiscal year; and
WHEREAS, Proposition 111 subsequently amended Articl e XIII(B) of the California Constitution to provide for certain revisions in the population and inflation factors used in the calculation of the appropriations limit and to provide for a recalculation of the appropriation limit date for the years 1987-88 through 1990-91; and WHEREAS, Proposition 111 provided that one factor that may be used in the calculation of the appropriations limit is the increase in local non-residential assessed value due to new construction; and
WHEREAS, the documentation which is a ttached hereto and made a part hereof as Exhibit “A” was used in the determination of the appropriations limit for the 2023- 2024 fiscal year, and has been available for public inspection in the office of the City Clerk since August 23, 2023;
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. The appropriations limit for the City of Long Beach for fiscal year 2023-2024 shall be $966,768,944.
Section 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _________________________, 2023, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
EXHIBIT "A"
2022 ‐ 2023 Appropriations Limit: $929,760,175
Adjustment Factor (See Below): 1.039805
2023 ‐ 2024 Appropriations Limit: $966,768,944
Price Factor: 1.044400
Change in Per Capita Income
Department of Finance estimate pursuant
to Revenue Tax Code, Sec. 2227 and 2228,
California = 4.44%
Ratio = (4.44+100)/100 = 1.0444
Population Change: ‐0.44%
Department of Finance estimate pursuant
to Revenue Tax Code, Sec. 2227 and 2228,
California = ‐ 0.44%
Ratio = (‐0.44+100)/100 = 0.9956
Adjustment Factor: 1.039805
1.0444 x 0.9956
Factors were converted to ratios
per State guidelines.
Appropriated Tax Revenue: 515,501,873
Actual calculable revenue applied
towards Appropriations Limit
Exclusions From Taxable Proceeds ($51,926,170)
Revised Appropriated Tax Revenue 463,575,703
2023 ‐ 2024 Appropriations Limit: $966,768,944
Variance Between Revenue And Limit $503,193,242
2023 ‐ 2024 Percentage of Appropriations Limit: 47.95%
Prepared August 3, 2023
Budget Management Bureau
OF APPROPRIATIONS LIMIT
CALCULABLE REVENUE PERCENTAGE
III. DETERMINATION OF FISCAL YEAR 2023 ‐ 2024
CITY OF LONG BEACH
I. DETERMINATION OF FISCAL YEAR 2023 ‐ 2024
APPROPRIATIONS LIMIT
Based On Budgeted Revenues
II. DETERMINATION OF APPROPRIATIONS FACTOR
No supporting documents.
No supporting documents.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH APPROVING AND ADOPTING THE
OFFICIAL BUDGET OF THE CITY OF LONG BEACH FOR
THE FISCAL YEAR 20 23-2024, CREATING AND
ESTABLISHING THE FUNDS OF THE MUNICIPAL
GOVERNMENT OF THE CITY OF LONG BEACH AND
APPROPRIATING MONEY TO AND AUTHORIZING
EXPENDITURES FROM SAID FUNDS FOR SAID FISCAL
YEAR; DECLARING THE URGENCY THEREOF, AND
PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT
AT 12:01 A.M. ON OCTOBER 1, 2023
The City Council of the City of Long Beach ordains as follows:
Section 1. The City Manager’s Recommended Budget which was submitted to the City Council on August 1, 2023, by the Mayor, and which constitutes the preliminary budget for the fiscal year beginning October 1, 2023, is hereby adopted as the Official Budget of the City of Long Beach for fiscal year 2023-2024.
Section 2. The amounts appropriated in Sections 3 and 4 shall govern and control the expenditures for fiscal year 20 23-2024 of the several fund types, funds, departments, offices and agencies stated therein. Said amounts conform to the adopted budget of the City of Long Beach as set forth in Section 1. All detailed schedules and other data set forth in the City Manager’s Recommended Budget other than those mentioned in this ordinance are provided for information purposes only and are not intended to limit expenditures.
Section 3. The Funds specified in Exhibit “A” are hereby established, those of such funds not otherwise created are hereby created, and the specified sums of
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
money set forth opposite the names of said funds are hereby appropriated and authorized to be spent in 20 23-2024, all of which sums are based on the approved and adopted budget.
Section 4. The specified sums of money set forth opposite the names of the following departments, offices and agencies in Exhibit “B” are hereby appropriated and authorized to be spent in fiscal year 20 23-2024, all of which sums are based upon the approved and adopted budget.
Section 5. This is an emergency measure and is urgently required for the reason that in order to carry on the affairs, functions and business of the City of Long Beach during the fiscal year which begins on October 1, 20 23, it is necessary to authorize the expenditure of monies requir ed for such purposes. Currently, no authority exists to pay the salaries and wages of the officers and employees of said City or to make the necessary purchases of supplies, equipment and services to carry on the affairs, functions and business of said Ci ty in the forthcoming fiscal year. Commencing on October 1, 20 23, it will be necessary for the City of Long Beach to make certain payments on the principal and interest of the bonded indebtedness of said City and to meet the payrolls of the various departments of said City, including the Police, Fire and Health Departments.
In order that said obligations may be met when due and payable and said expenditures may be made, it is necessary that this ordinance be passed as an emergency measure, to take effect at 12:01 a.m. on October 1, 2023.
Section 6. If any section, subsection, subdivision, sentence, sum, percentage, clause or phrase of this ordinance is for any reason held to be unconstitutional, invalid or void, such decision shall not affect the validity of the remai ning portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and every section, subsection, subdivision, sentence, sum, percentage, clause and phrase thereof, irrespective of the fact that any one or more sec tions, subsections, subdivisions, sentences, sums, percentages, clauses or phrases thereof is declared unconstitutional, invalid or void.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
Section 7. This ordinance is an emergency ordinance duly adopted by the City Council by a vote of five (5) of its members and sha ll take effect immediately. The City Clerk shall certify to a separate roll call and vote on the question of the emergency of this ordinance and to its passage by the vote of five (5) members of the City Council of the City of Long Beach, and cause the sa me to be posted in three (3) conspicuous places in the City of Long Beach, and it shall thereupon take effect and shall be operative on and after 12:01 a.m. on October 1, 2023.
I hereby certify that on a separate roll call and vote which was taken by the City Council of the City of Long Beach upon the questions of the emergency of this ordinance at its meeting of _____________________________, 2023, the ordinance was declared to be an emergency by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
I further certify that thereafter, at the same meeting, upon a roll call and vote on adoption of the ordinance, it was adopted by the City Council of the City of Long Beach by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
I further certify that the foregoing ordinance was thereafter adopted on final reading of the City Council of the City of Long Beach at its meeting of _____________________________, 2023, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
Approved: __________________
(Date) Mayor
EXHIBIT "A"
Exhibit A as of 9:50 AM
FY 24 PROPOSED FY 23 ESTIMATED FY 24
FUND GROUP ALLOCATION CARRYOVER1
APPROPRIATION
GENERAL FUND 719,137,012 - 719,137,012
UPLAND OIL FUND 10,314,080 - 10,314,080
GENERAL GRANTS FUND 11,598,781 27,185,298 38,784,078
POLICE & FIRE PUBLIC SAFETY OIL PROD ACT FUND 2,871,145 - 2,871,145 HEALTH FUND 64,101,091 41,504,528 105,605,619
CUPA FUND 2,935,653 - 2,935,653
SPECIAL ADVERTISING & PROMOTION FUND 11,599,628 - 11,599,628 HOUSING DEVELOPMENT FUND 12,463,329 18,219,282 30,682,611 BELMONT SHORE PARKING METER FUND 844,382 - 844,382
BUSINESS ASSISTANCE FUND 757,019 4,246,567 5,003,586
COMMUNITY DEVELOPMENT GRANTS FUND 18,319,604 25,491,614 43,811,218 HOUSING AUTHORITY FUND 109,722,688 5,737,141 115,459,829 GASOLINE TAX STREET IMPROVEMENT FUND 11,889,365 14,044,644 25,934,008 CAPITAL PROJECTS FUND 184,783,392 663,205,342 847,988,734 SUCCESSOR AGENCY OPERATIONS 4,233,281 29,466,722 33,700,003 CIVIC CENTER FUND 24,819,094 480,371 25,299,465
GENERAL SERVICES FUND 78,420,346 20,707,380 99,127,726
FLEET SERVICES FUND 51,911,234 3,482,863 55,394,097
INSURANCE FUND 74,815,760 - 74,815,760
EMPLOYEE BENEFITS FUND 416,869,196 - 416,869,196
TIDELANDS OPERATIONS FUND 107,900,479 95,545,309 203,445,788 TIDELANDS AREA FUNDS 38,084,601 18,073,198 56,157,799
TIDELANDS OIL REVENUE FUND 91,961,960 - 91,961,960
RESERVE FOR SUBSIDENCE - - -
DEVELOPMENT SERVICES FUND 35,350,578 (2,056,422) 33,294,157 GAS PREPAY FUND 46,131,723 - 46,131,723
AIRPORT FUND 60,627,755 57,420,340 118,048,095
REFUSE/RECYCLING FUND 72,340,343 2,170,576 74,510,919
SERRF FUND 7,093,001 - 7,093,001
SERRF JPA FUND - - -
TOWING FUND 7,327,677 - 7,327,677
DEBT SERVICE FUND 11,593,856 - 11,593,856
SUCCESSOR AGENCY - DEBT SERVICE 23,991,962 - 23,991,962 TOTAL 2,314,810,014 1,024,924,753 3,339,734,767 FISCAL YEAR 2024 APPROPRIATIONS ORDINANCE BY FUND GROUP 1 Reflects estimated carryover for accounts with projects and grants as of 5/31/23.
FY 24 FUND Ord Exhibit A 8/3/2023
EXHIBIT "B"
Exhibit B as of 9:51 AM
DEPARTMENT
FY 24 NEW
ALLOCATION
FY 23 ESTIMATED
CARRYOVER1
FY 24
APPROPRIATION
MAYOR AND COUNCIL 8,050,573 (1,081) 8,049,492
CITY ATTORNEY 10,617,544 (3,900) 10,613,644
CITY AUDITOR 3,507,601 - 3,507,601
CITY CLERK 5,281,467 - 5,281,467
CITY MANAGER 27,188,045 7,282,576 34,470,621
CITY PROSECUTOR 7,138,407 1,674,586 8,812,993
CIVIL SERVICE 3,895,471 - 3,895,471
AIRPORT 59,673,043 57,230,336 116,903,379
DISASTER PREPAREDNESS & EMERGENCY
COMMUNICATIONS
14,395,629
1,561,976
15,957,605
DEVELOPMENT SERVICES 88,275,826 71,224,979 159,500,804
ECONOMIC DEVELOPMENT 32,677,659 98,767 32,776,426
FINANCIAL MANAGEMENT2 754,073,266 112,562,598 866,635,864 FIRE 166,301,404 3,545,615 169,847,019
HEALTH AND HUMAN SERVICES 187,151,083 47,180,253 234,331,336 HUMAN RESOURCES 38,587,031 (686,811) 37,900,220
LIBRARY SERVICES 19,653,165 5,118,904 24,772,068
ENERGY RESOURCES 109,001,976 - 109,001,976
PARKS, RECREATION AND MARINE 78,528,151 31,107,645 109,635,795 POLICE 314,615,694 11,173,594 325,789,289
POLICE OVERSIGHT 1,499,453 - 1,499,453
PUBLIC WORKS 316,564,679 653,806,601 970,371,280
TECHNOLOGY & INNOVATION 72,962,731 22,048,117 95,010,848 TOTAL 2,319,639,897 1,024,924,753 3,344,564,651 1Reflects estimated carryover for accounts with projects and grants as of 5/31/23.
FISCAL YEAR 2024 APPROPRIATIONS ORDINANCE BY DEPARTMENT 2The Financial Management Department includes internal service charges that are contained in the resolutions of the Water, Sewer, Gas, and Harbor fund groups for accounting, budgeting and treasury functions, and other citywide activities such as debt service.
FY 24 DEPT Ord Exhibit B 8/3/2023