City of Culver City, California
City Council Agenda Item Report
Meeting Date: 05/23/05 Item Number:
AGENDA ITEM: Consideration of Adoption of an Ordinance to Establish an Open
Space Zone in Title 17, Zoning Code, of the Culver City Municipal Code.
Contact Person/Dept.: Thomas Gorham Phone Number: (310) 253-5727
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master Notification List on 5/18/05. E-mail notification to Interested
Parties on 5/10/05.
Department Approval:
Susan Evans 5/11/05
CAO Approval:
City Controller Approval:
RECOMMENDATION:
That the City Council consider the adoption of an ordinance to amend Title 17,
Zoning Code, of the Culver City Municipal Code (CCMC) by adding Article XVI.C
establishing an Open Space Zone (Attachment No. 1).
BACKGROUND/DISCUSSION:
At the April 11, 2005 City Council meeting, the Council introduced the proposed
Open Space Ordinance, as amended, by a unanimous (5-0) vote. The Ordinance
was brought back to the Council on March 2, 2005 for adoption. However, the
Council directed staff to make additional substantive language changes and bring
the revised ordinance back for adoption. These changes are as follows:
1) Change the requirements in Section G.1.d (v) to replace the word
“property” with the word “building” to reflect the original language
approved by the Planning Commission and as originally presented to the
City Council on April 11, 2005. This change is outlined below:
v. Rest areas adjacent to residentially zoned parcels may only be
permitted with the explicit consent of owners of “primary abutting
properties” which are: (a) any property directly abutting the proposed
rest area boundary and (b) the next abutting property in either
direction; and approval from at least fifty percent (50%) of owners of City of Culver City, California
City Council Agenda Item Report
property extending one hundred (100) feet beyond the primary abutting
properties in either direction. If the proposed rest area boundary abuts
a multi-family residential property of three (3) or more units, approval
from at least fifty percent (50%) of the residents of said property any
building adjacent to Ballona Creek shall be required. Approval of the
proposed rest area location shall be verified by the Community
Development Director via a City approved petition form circulated by
the project applicant.
2) Change the noticing requirements in Section H.1 to require a 1,000 foot
radius. This change is outlined below:
1. Notice of an application for a Comprehensive Plan, modification of an
approved Comprehensive Plan, or a zone change to the OS Zone,
shall be given pursuant to the requirements of Section 37-116.6. (a),
(b), (c), and (d), with the exception of the required noticing radius,
which shall be increased to one-thousand (1000) feet.
The revised Ordinance is now before the Council for adoption.
FISCAL IMPACT:
None anticipated.
ATTACHMENTS:
1. Proposed Ordinance No. 2005-____ and Exhibits A and B
MOTION:
That the City Council:
Adopt Ordinance No. 2005- ____, to amend Title 17, Zoning Code, of the Culver
City Municipal Code (CCMC) by adding Article XVI.C establishing an Open Space
Zone.
•
MEETING DATE 2/28/05
AGENDA ITEM
Discussion of the Proposed Elimination of the Community
Development Block Grant (CDBG) Program
ATTACHMENTS|109| Memo of February 9, 2005 to the City Council|109| Section 108 Loan Guarantee Program Secunty Agreement|109| Section 108 Loan Repayment Schedule
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Pages
1-2
3-5|1010|••
Cadtteiz, CI TY
INTEROFFICE MEMORANDUM
DATE 02/09/2005
TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
THROUGH JERRY B FULWOOD, CAO
FROM SIMONE M SLIFMAN, MANAGEMENT ANALYST VZ
SUBJECT PROPOSED ELIMINATION OF THE CDBG PROGRAM
CC EXECUTIVE MANAGEMENT
SHELLY W CHAGNON, SENIOR MANAGEMENT ANALYST
On February 7 2005, President Bush released his proposed budget for FY 2006
which outlines his administration's proposal for FY 2006 Under the President s
proposal, the Community Development Block Grant (CDBG) program would no
longer exist We have been advised by the Los Angeles County Community
Development Commission (LACDC) that we should not rely on CDBG funding
past FY 2006 Specifically we have been advised to consider an alternative
source for repayment of our Section 108 loan and that we should not consider
funding long-term or capital projects with CDBG monies Should this proposal
succeed, we would most likely not receive CDBG funds beyond June 30 2006
Clearly, the major impact of this is how the City would go about paying the
remaining balance due on the Section 108 loan from FY 06-07 through FY 14-15
The current balance on this loan is over $1 4 million
The budget proposes to consolidate 18 existing economic and community
development programs from five different Federal agencies (Housing and Urban
Development Agriculture, Commerce, Health and Human Services, and
Treasury) into one single program the Strengthening America s Communities
Grant Eligibility criteria for this grant would consider unemployment, job loss
and poverty rates with an emphasis on targeted neighborhoods The new
program would be reduced to a total funding of only $3 71 billion The CDBG
program alone was funded at $4 1 billion for FY 05 for formula grants so this
proposal would dramatically decrease funding for each of the individual programs
administered by the five agencies
The loss of CDBG funds over the past five years and the City s decreased
eligibility for CDBG funding (due to fewer eligible neighborhoods as a result of
reductions in poverty rates) has already drastically reduced the City s ability to
fund programs and capital projects using CDBG funds Additionally there would
be a need to explore alternative funding sources for programs for the disabled
and other capital projects, such as streetlights, the installation of audible traffic
9770 CULVER BOULEVARD CULVER CITY CA 90232 0507Page 2 of 2
III
signals and other programs which currently rely on CDBG funding for some, if
not all of their existence
With the knowledge that this possibility existed in recent weeks we have
discussed a few initial strategies as to how we could effectively address this
issue Strategies include employing a collaborative approach to advocacy with
the other participating cities in the area with similar characteristics (such as West
Hollywood and Beverly Hills), meeting with legislators to attest to the positive
impact that CDBG funds have had on cities like ours and how these programs
would be impacted by the loss of such funds, and issuing letters from the Mayor
to elected officials in opposition to the loss of the program Additionally, the
LACDC is currently preparing their own advocacy efforts, and will be approaching
their participating cities to request assistance in attempting to save this program
We are working with the City Controller and City Treasurer to determine what the
options may be for repaying our Section 108 loan obligation without the
availability of CDBG funding and will keep you closely advised during the budget
process as to what these options may be
Should you have any questions or wish to receive any additional information,
please do not hesitate to contact me at 253-6015
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FILE NAME MEMO RE PROPOSED CDBG ELIMINATION 2905
PRINTED ON RECYCLED PAPERf
K
ORIGINAL
SECTION 108 LOAN GUARANTEE PROGRAM
SECURITY AGREEMENT
This Security Agreement, dated as of July 7, 1998 is entered into between the Community|10 9| c_.)
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.- -r - Development Commission of the County of Los Angeles (Commission), a public body
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W CT, |10 10|corporate and politic of the State of California, and the City of Culver City (City), a municipal
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corporation organized and existing under the laws of the State of California ...c
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Cr. -6 ---- WHEREAS, The Section 108 Loan Guarantee Program was established under the
Housing and Community Development Act of 1974, as amended, for the purpose of financing
large scale community and economic development activities, and
WHEREAS, the U S Department of Housing and Urban Development (HUD)
approved Los Angeles County's Countywide Section 108 Loan Pool Program application on
August 3, 1995, as amended, and has prepared and issued a Contract for Loan Guarantee
Assistance, a Promissory Note and other related documents (cumulatively known as the
Governing Documents) for execution by the Commission, on behalf of the County, for the
benefit of the City, and
WHEREAS, The City prepared, in compliance with all federal requirements, and
submitted to the Commission a Section 108 loan application, as amended, for $2,020,000 in
Section 108 funds for the development of the Culver City Senior Center (see the attached
Exhibit A document), as adopted by City Resolution Number 97-R007, which authorized the
Commission to submit the City's application/request for funding to HUD on the City's behalf,
and
WHEREAS, The City Council, at its meeting on January 27, 1997, approved the
Section 108 loan in the amount of $2,020,000, as amended, subject to repayment over a fifteen-
year period, as well as authorized the Chief Adnumstrative Officer to negotiate the security for
the loan and repayment requirements The Chief Administrative Officer, pursuant to a June 6,
1997 certification, identified City General Fund Revenues (General Revenue Pledge) as
additional security for this Section 108 loan, and
WHEREAS, The Commission will submit the City's Section 108 loan
application/request for funding to HUD following approval by the County Board of Supervisors
in compliance with the Governing Documents
AGREEMENT
Now therefore, m consideration of the above recitals, the parties hereto agree as follows
III 1 The City acknowledges the Exhibit A document, attached hereto and made a part hereof,
and agrees to fully abide by the requirements set forth therein and to perform all
•obligations stipulated therein Additionally, the City shall abide by all applicable
• requirements under 24 CFR Part 570, and|109| The City agrees to maintain records specifically itemizing the receipt and expenditure of
all Section 108 proceeds The Conunission will receive the Section 108 loan proceeds,
through its Custodial Agent, and immediately disburse the funds to the City pursuant to
wire instructions provided from the City, and|109| The City authorizes the Commission to make its Section 108 debt repayments from the
City's Community Development Block Grant (CDBG) funds set-aside through its CDBG
Reimbursable Contract with the County of Los Angeles (Reimbursable Contract),
as
amended The City and Commission agree that the Commission will set aside, through
the Reimbursable Contract document, the amounts needed to pay the principal and/or
interest due for each program year, to be drawn down by the Commission only for loan
repayment The City agrees to abide by the provisions set forth in this Security
Agreement and Reimbursable Contract, and|109| The City shall approve and obligate this Security Agreement, assignable to HUD, to
secure its Section 108 loan repayment through (1) the City's annual CDBG allocations in
the amount determined by the Commission under the Commission's interim note, for
interim financing, and following a public offering by HUD, for permanent financing
(primary security), and (2) annual City General Revenues, City Special Revenues, or
other City revenue sources as the City shall direct (additional security) The City
represents that the debt incurred and security offered under this Security Agreement is
binding and valid for the duration of the loan, under applicable state and local law, and
that a valid and perfected security interest in the pledged security is made for the benefit
of the Commission and HUD,|109| In the event CDBG funds shall become unavailable to make the annual payments herein
required, the City shall have thirty (30) calendar days to notify the Commission, in
writing, of the source and type of funds to be used for the debt repayment Should the
City not notify the Commission within thirty (30) calendar days, the Commission shall be
authorized to annually attach the revenues described in Paragraph Number Four above,
and|109| The City shall only invest the Section 108 proceeds, if necessary, in U S Treasury notes,
bonds and/or bills, or Federal Agency issues that have a full faith credit guarantee from
the U S Government The City shall not invest the Section 108 proceeds m any other
investment, including Fannie Mae and Freddy Mac issuances
IN WITNESS WHEREOF, the parties hereto have subscribed their names, on the date
and year first above written in this Agreement|10 10|SBy
Community Development Commission,
Cou of Los Angeles
B
Title
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City of Culver City
ktata-U—
Title ief istrative Officer
App As To Form
City Attorney
By (
1 1 4. ( 0---L-(
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71 ._ 1
e Approved As To Form
De Witt W Clinton
County Counsel
By "//------
Deputy
S$147 664 75
'kg FY 13 $156 104
$143 439 25
6 t' o' FY 14 $147606
$134 166 50 FY 15 $134 167
Section 108 Repayment Schedule
for the City of Culver City
Total
Note 15
Interest Principal
Total
Annual
Principal Interest Principal
Date
Payment Payment
Payment
Payment
641%
$23 15
$2 152 69
16. 5
$4 166 50
August 1 1999
e
$30 321 23 $30321 23
ar .P2.7.
August 1 2000 $58 686 25 $135000 $193 686 25
FY00 $89 007
$4 166 50
$4 166 50
$4 166 50
$4 166 50
$4 166 50
$4 166 50
$4 166 50
FY01 $248870
$4 166 50
$4 166 50
$4 166 50
$4 166 50|1010|$4 156 50
VO6 50
$4 166 50 $130,000
August 1 2001 $55 183 00 $135000
August 1 2002 $51,605 50 $135000
August 1 2003 $47 960 50 $135 000
August 1 2004 $44,248 00 $135 000
August 1 2005 $40 481 50 $135000
August 1 2006 $36 654 25 $135000
Au ust 1 2007 $32 773 00 $135000
August 1 2008 $28 871 50 $135 000
August 1 2009 $24 936 25 $135 000
1'r 4Iii
August 1 2010 $20 913 25 $135000
August 1 2011 $16 822 75 $135000
August 1 2012 $12 664 75 $135000
August 1 2013 $8 439 25 $135000|1010|August 1 2014 $4 166 50 $130000
$190 183 00
$186 605 50
$182 960 50
$179 248 00
$175 481 50
$171 65425
FY02 $241 789
FY03 $234 566
FY04 $227 208
FY05 $219729
FY06 $212 135
FY07 $204427
$167 773 00
$155 913 25
$159 936 25
$163871 50
FY08 $196644
FY09 $188807
FY10 $180849
FY 11 $172736
$151 822 75
FY 12 $164488
TOTAL
$999,133 73 $2,020,000 $3,019,133 73
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