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M-4/1/1998 466 CITY OF SANTA MONICA CITY COl:NCIL ~mtl"UTES APRIL 1, 1998 An adjourned regular meetmg of the Santa Momca Cny CounCil was called to order by Mayor Pro Tern O' Connor at 6 20 pm, on Tuesday, Apnl I, 1998, m the CouncIl Chambers Roll Call Present Mayor Robert T Holbrook (arnved at 7 15 pm) Mayor Pro Tern Pam O'Connor Councllmember Ruth Ebner Councllmember Michael Femstem Councllmember Ken Genser Councllmember Asha Greenberg Couucllmember Paul Rosenstem Also Present City Manager John Jahh City Attorney Marsha Jones ~outne City Clerk Mana"Y{ Stewart CLOSED SESSIONS CLOSED SESSIONS At 6 20 pm. CouncIl adjourned to Closed SessIOn \vlth Mayor Holbrook absent, to conSIder the follov,-mg 16-A Conference with Legal Counsel- EXlstmg LitIgatiOn SteIchen v CltV of Santa MOllica. Case No SC 041545 ACTIO:', ~o reportable actIon taken 16-B Conference \lath Legal Counsel- EXlstmg Lmgatlon Jerry Rubm v Cny of Santa Momca, Case No CV 97.8786 ACTIOK :\0 reportable actIon taken RECONVENE Council reconvened at 7 16 pm, ''''lth all CouncIlmembers present PLEDGE Councllmember Greenberg led the assemblage m the Pledge of Allegiance to the Flag of the Dmted States of Amenca Apnll. 1998 I I I I I I SPECIAL ITEMS: CO"}IMENDATION TO THE OL"TLOOK RECESS ORDINANCES HOSPITAL AREA SPECIFIC PLA.1X (SAINT JOHN'S) 467 4-A Mayor Holbrook presented a commendatIon to SkIp Rimer, Editor, and The Outlook staff for their contnbutIOn to the Santa Momca Commumty On order ofthe Mayor. the CllY CounCil recessed at 7 35 pm, and reconvened at 7 46 pm. \vlth all members present DiSCUSSIOn ensued about the expectatlOn that the first Item on the agenda \vould take a considerable amount ofhme. and on whether to hear other items first MotlOn by CouncJlmember Femstem. seconded by CounCIlmember Ebner, to hear Item No 8-A first on the agenda The motIOn was unammously approved by VOice vote 8-A GENERAL PLAN AMENDMENT TO MODIFY THE HOSPITAL AREA SPECIFIC PLAN (SAINT JOHN'S HEALTH CENTER Staff presented the staff report recommendmg adoptIOn of a resolutIOn making the CEQA findmgs necessary to approve the Development Agreement, adoptIOn of a Statement of Overndlllg ConsideratIons and adoptIOn of a MltlgatIOn Momtorlllg Plan. adoptIOn of a resolutiOn amendlllg the Land Use and CirculatIOn Element and a resolutIOn amendmg the Land Use Map of the General Plan. adoptIOn of a resolutIOn amendlllg the Hospital Area Specific Plan and a resolutIOn amendmg the Hospital Area SpeCific Plan Land Use Map of the General Plan, and mtroductIon and first readmg of an ordmance adoptmg the proposed Development Agreemenl between the City and Sisters of Chanty of Leavemvorth Health SerVices CorporatIon. which mcludes approval of the Phase I project plans (Contmued from March 24, 1998. publIc heanng closed) Terrance y1uldoon. representmg Samt John's HospitaL highlIghted the areas of disagreement between Samt John.s and staff relatmg to the General Plan Amendment DiscusSIOn ensued regardmg concerns raised by reSidents at the public heanng. mc!udmg but not lllllited to the request that St John's mclude fundmg for school nurses. the expanSiOn of 5t John's childcare program proposed by staff. and replacement 2 Apnl 1. 1998 468 housmg Staff answered questlOns of CouncIlmembers I :vIotIOn by Councllmember Ebner. seconded by Councllrnember Greenberg. to adopt the Statement of Overndmg ConsideratIOns MotIon by CouncIlmember Genser. seconded by CouncIlmember Femstem, to table the motion The motIon was approved by VOIce vote, Councllmember Ebner opposed The followmg Issues '.vere discussed ASSIstant CIty Attorney Barry Rosenbaum read new language to replace eXlstmg SectIon 3 14 1 as follows "Samt John' s currently has ten rental dwellmg unItS located at 1417-1423 21st Street Samt John's shall have the follO\nng optIons With regard to thIS housmg a Mamtam the eXIstmg dwelling unIts, b Replace the eXIstmg dwelhng unIts by bmldmg ten new resIdentIal unIts on the south campus, c Obtam a removal permIt from the Santa MOllIca Rent Control Board In addItion. I that SectIOn 3 142 be mollified to provIde that Samt John's development of sellIor hOLIsmg, assIsted IIvmg. or multI-famIly rental housmg as part of Phase II shall constItute replacement housmg for purposes of the reqUIrements of SectIOn 3 14 I (b) so long as at least ten new reSldenllal umts are constmcted It was the consensus. mcludmg St John's representatl\'es. to mclude III SectIOns 2 2 8. 2 6 8. and the last paragraph on page 11. language to the effect that each of the adjustments shall be as determmed by the DIrector of Planmng There was dISCUSSion regardmg addmg fundmg m agreement for future sound mltlgatIon measures and clarIficatIOn on the program fees for child care RECESS On order ofthe :vlayor. the Cny CouncIl recessed at 9 27 pm. and reconvened at 10 15 pm. \yIth all members present Deputy CIty Attorney Barry Rosenbaum read proposed language to use m the agreement III the event that St John.s should sell to a non-profit dunng the term of the agreement I 3 Apnll, 1998 469 I Motion bv CouncIlmember Greenberg, seconded bv Councllmember Ebner. to approve the Development Agreement \lilth the changes discussed to Include the language on page 3 of the Supplemental Report relatmg to Samt John- s Child Care Program. Section I 8 l(d)(IY) "Program fees pald by parents shall be comparable to the fees charged by other full-day non-profit mfant/toddler and pre-school programs m the City of Santa MOnica," I Include m Section I 7 l(a)(nn) "If at any time dunng the term of this Agreement, the State does not require reportmg of commuUlty benefits for non-profit Catholic hospitals and all non-profit hospitals and SectiOn 1 7 1 (a)(v1l) does not apply. then Samt John's mlmmum level of commumty benefit shall be eqUivalent to the level of commumty services which Samt John's last reported to the City utIlIzmg the cntena established m Section I 7 I (a)(v) or the average benefit level over the prevIOus five years_ whichever IS higher. mcludmg. but not hmlted to. sustammg the level of mdlgent care and the unrelmbursed cost of government programs The requIrements of thIS SectIOn I 7 l(a)(vl1I) shall not apply If the CahfOrnIa Attorney General has estabhshed a chantable trust pursuant to CorporatIOns Code SectIOn 5914 ~ sea. . or subsequent legislatIon. which ensures an eqmvalent level of commumty serVices as \yould otherWise be established by thiS SectIOn 1 7 1 (a)(vl1I):' Include an amendment to Section 1 7 1 (b) (Ill) to stipulate an annual adJustment of two percent (2%) compounded annually After diSCUSSIOn. It was the consensus of CounCil to hold on votmg on thiS motIon until all the appropnate amendments are made I MotIon bv Councilmember Rosenstem. seconded bv - - Councllmember Femstem. to amend the motion that lllstead of speclfymg two nurses, amend wordmg m SectIOn 1 7 l(b)(m) as follows " established as $618.000 In addItlOn to the $618.000. Samt John's shall proVide amllllmum ofSI14.000. m cash or m-kmd services by mutual agreement of 8t John"s and the school dlstnct. per year to the Santa Momca-MalIbu School Dlstnct for health programs as an enhancement to the eXlstmg level of programmmg prOVided by the District ThiS 4 Apnl 1. 1998 470 amount shall not supplant the programs currently underway MotIOn by Councllmember FeInsteIn, seconded bv Councllmember Genser, to contmue the meetmg past 11 00 pm The motion ,vas unammously approved by VOIce vote The above amendment was approved by the followmg vote Ayes Councllmembers Femstem. Genser. Greenberg. Rosenstem. Mayor Pro Tern O'Connor Councllmember Ebner. Mayor Holbrook None Noes Absent Councllmember Ebner requested that the record reflect that If this money IS provided by Samt John's she does not bebeve that there ,vill be two new nurses in the schools in Santa !vlomca Mayor Holbrook requested that the record reflect that he believes It IS a real posslblbty that thiS 'wIll be a deal breaker and the CIty may lose Samt John.s Hospital Mallon bv Councllmember Genser. seconded by Councllmember Femstem. to amend the motion to define the housmg pohcy as follO\.vs With regard to the existing ten umts on the property, Samt John's would have the follo\vmg three optIOns Mallltam eXlstlllg rental houslllg, 2 Obtam a removal permit from the Santa Momca Rent Control Board for that housing and adhere to the condlllons contallled therein, 3 ProVide ten umts of rental housmg on-sIte. two ofwluch would be deed-restricted affordable, In language that would mmor the language III the Rent Control Charter relatmg to 15% affordablhty If the replacement units on-site are not III the form of semor housmg or assisted hVIng housmg as spelled out III the Development Agreement, the conditional ten rental unlts would not count as addlt10nal floor area for the hospital campus Samt John' s VOiced then opposltlon to the motIOn on the floor and proVided alternatlve language that authonzes off-Site umts 5 Apnl I, 1998 I I I I I I 471 wIthm a 2.000-foot radIUs of the campus WIth all ten bemg deed-restrIcted affordable RECESS On order of the Mayor. the City Council recessed at 11 15 pm. and reconvened at 11 24 pm. \vlth all members present The pendmg motIOn ,vas approved by the followmg vote Ayes Councllmembers Rosenstem. Genser, Femstem. Mayor Pro Tern O'Connor Councllmembers Ebner. Greenberg. Mayor Holbrook None Koes Absent CounCllmember Greenberg requested that the record reflect that she voted "no'. on thIS Item because Samt John's ,vould gIve the Cny more affordable housmg than the approved motIOn dId Councllmember Ebner and ~layor Holbrook requested that the record reflect the same sentIments as expressed by CounCllmember Greenberg Cowlc/tmember Ebner excused herself fi"om the meetmg at 11 55 pm MotIon by CouncIlmember Rosenstem. seconded by Mavor Pro Tem O.Connor. to amend the motIOn that the agreement be modIfied to mclude the remammg differences that the Child Care Task Force has asked for. as outlmed by Ms Stmchfield earlIer. the essence of which bemg the 84 spaces of full day chIld care should be proVIded and therapeutic pre-school should not be counted as part of thiS, that one-thud of the 84 spaces be devoted to mfants and toddlers. instead of a dollar amount as the subSidy for low-mcome parents. that the requested phrase from the Child Care Task Force that no less than twenty-five percent of the total tUItIOn generated If all the parents pmd full tUItion. should be set-aside as tUItIOn subSIdy so that It would escalate based on the cost of the program The motIOn was approved by the followmg vote Ayes CouncIlmembers Rosenstem. Genser, Femstem. Mayor Pro Tern OTonnor Councllmembers Greenberg, Mayor Holbrook Koes 6 AprIl 1. 1998 472 Absent CounCllmember Ebner Councllmember Greenberg excused herself from the meetmg at 12 00 a m MotIOn by CouncIlmember Genser. seconded by Councllmember Rosenstem. to amend the motlon to allow the City to reqUIre the expendIture of up to $100.000, at the dIscretIOn of the CIty. as a one tIme only expendIture, If It IS m the Judgment of the CIty that sIgmficant sound Improvements beyond the standards m the nOIse ordmance WIll be achIeved for nearby resIdents The motIon was approved by the follmvmg vote Ayes CouncIlmembers Rosenstem, Genser. Femstem. Mayor Pro Tern O'Connor MayOl Holbrook CouncIlmembers Ebner, Greenberg Noes Absent Mayor Holbrook requested that the record reflect that he voted '"no" on the above amendment because the term '"sIgmficanf' IS not defined MotIOn by Councllmember Femstem. seconded bv Mavor Pro Tern O'Connor, to adopt ResolutIOn ~o 9251(CCS) entItled "A RESOLUTION OF THE CITY COUXCIL OF THE CITY OF SANTA ~10NICA MAKING THE CEQA FINDINGS NECESSARY TO APPROVE THE SAINT JOHN'S HEALTH CENTER DEVELOPME:'\[T AGREElvfENT. ADOPTING A STATEMEKT OF OVERRIDING COXSIDERATIONS, AND ADOPTING A JvUTIGATION MONITORING PLAN," readmg by title only and Walvmg further readmg thereof The motIOn was approved by the follmvmg vote Ayes Councllmembers Femstem, Genser, Rosenstem. Ylayor Pro Tern O'Connor, Mayor Holbrook '\j one CounCllmembers Greenberg, Ebner );' oes Absent MotIOn bv Mavor Pro Tern O'Connor. seconded bv - - Councllrnember Femstem, to adopt ResolutlOll No 9252(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SA.'\ITA MO'NICA AMENDING THE LAND 7 Apnl 1,1998 I I I 473 I USE AND CIRCULATION ELEMENT OF THE GENERAL PLAN OF THE CITY OF SAKTA MONICA.-- readmg by tltle only and WaIvmg further readmg thereof The motion was approved by the followmg vote Ayes Councllmembers Rosenstem. Genser, Femstem. Mayor Pro Tern O'Connor. Mayor Holbrook None Counctlmembers Ebner, Greenberg Noes Absent Motion by Mayor Pro Tern O'Connor. seconded by COUilCllmember Femstem. to adopt Resolution Ko 9253(CCS) entItled ;;A RESOLUTION OF THE CITY COlNCIL OF THE CITY OF SANTA :VIONICA AMENDING THE LAND USE MAP OF THE GENERAL PLAK OF THE CITY OF SA:\TA MONICA," readmg by title only and warv-mg further readmg thereof The motion "vas approved by the followmg vote Ayes Councllmembers F emstem, Genser. Rosenstem. Mayor Pro Tern O'Connor, Mayor Holbrook None CounCllmembers Greenberg. Ebner I Noes Absent MotIOn bv CouncIlmember Femstem. seconded bv Mavor Pro Tern O'Connor. to adopt Resolution::-..ro 9254(CCS) entItled "A RESOLUTION OF THE CITY OF SANTA MONICA AME1\l)lNG THE HOSPITAL AREA SPECIFIC PLAt, LAND USE :VIAP OF THE GENERAL PLA::-..r :' readmg by tItle only and WaIvmg further readmg thereof The motlon was approved by the follo"\lllg vote Ayes Councllmembers Rosenstem. Genser. Femstem, IvIayor Pro Tern O'Connor. Mayor Holbrook Noes None Absent CounCIl members Ebner. Greenberg I MotIOn bv Councllmember Femstem. seconded bv Mavor Pro - - - Tern O'Connor. to adopt ResolutIon No 9255(CC5) entItled "A RESOLUTIO:J OF THE CITY COUNCIL OF THE CITY OF SA1~T A yl0::-..rlCA NvIENDING THE HOSPITAL AREA SPECIFIC PLA,...'J OF THE GENERAL PLAN OF THE CITY OF SA?\TA :VI0NICA." was passed. approved. and adopted. readmg by title only and 'warvmg further readmg thereof The 8 Apnl 1. 1998 STAFF ADMIN. ITEMS WOODLAWN CEMETERY COUNCIL RULES - FUNDS AVAILABLE WRITTE!\" COMM: HEALTH CARE REPLACEMENT FACILITIES 474 motIon \vas approved by the follO\vmg vote Ayes Counctlmembers Femstem. Genser, Rosenstem. Mayor Pro Tern O'Connor. Mayor Holbrook None Councllrnembers Greenberg. Ebner Noes Absent MotIOn by Mavor Pro Tern O'Connor. seconded bv CouncIlmember Femstem. to mtroduce and hold first readmg of an ordlllance approvmg the Development Agreement between the CIty of Santa Moruca and SIsters of Chanty of Leavenworth Health ServIces CorporatIOn. readmg by tItle only and WaIvmg further readmg thereof, as amended and mcludmg technIcal amendments The motlon was approved by the followmg vote Ayes Councllrnembers Rosenstem. Genser, Felllstem, ~1ayor Pro Tern O'Connor, Mayor Holbrook :Jone Councllmembers Ebner, Greenberg Noes Absent 9-A WOODLA \VN CEMETERY ACTION PLAN The recommendatIOn to approve the ActIOn Plan m order to mcrease the future finanCIal VIabIlIty ofWoodla"vn Cemetery was contmued to the meetmg of Apn114. 1998 9-B PROPOSED COUNCIL RULES REGARDIl\"G TRA. VEL AND RESOURCES A V AILABLE The and adopt the proposed resolutIOn regardmg CouncIl traveL staff assIstance. and other resources avaIlable. was contlllued to the meetmg of Apn114, 1998 13-A AMENDMENT OF EXPIRATION DATE FOR APPROVED HEALTH CARE REPLACEMENT FACILITIES Presented was the request of EIleen Hecht to address CounCIl regardmg amendmg the expIratIOn date for Approved Health Care Replacement FaCilItIes under Ordmance ~o 1875 (The Earthquake Recovery Act) MotIon bv CounCllmember Genser. seconded bv - - Councllmember Rosenstem, to request staff to return to CouncIl 9 Apnll,1998 I I I I I I BEACH BIKE PATH COU'\"CILMEMBER ITEyIS CO~IMISSION VACA::\"CIES AB 1368 Al'I-rJ SB 1857 RESIG::\"ATION 475 wltlIm the appropnate nme frame wIth the proper ordmance, whetlIer It be emergency or standard. to effect an amendment to the eXpIratIOn date wIth the recommendatIOn of staff as to the appropnate length ofhme The motIon was unanImously approved. Councllmembers Ebner and Greenberg absent 13-B PROBLEMS 0"" THE BEACH BIKE PATH AND POSSIBLE SOLUTIONS The request of Peter Goldfinger to address CouncIl regardmg problems on the beach bIke path and possIble solutIOns was contmued to the meetmg of Apn114. 1998 14-A HOUSING COMl\nSSION VACA1'ICY The appomtment to the Housmg CommISSIOn for one unscheduled vacancy for a term endmg June 30. 2001, was contmued to the meetmg of Apnl 14, 1998 14-B COM.\USSION ON OLDERAMERICAl\"S V ACAJIICY TIle appomtment to the CommISSIOn on Older Amencans for one unscheduled vacancy for a term endmg June 30.2000. was contmued to the meetmg of Apn114. 1998 14-C COI\'BUSSIOl\" 01'1 THE STATUS OF WOMEN VACA.~CY The appomtment to the CommiSSIOn on the Status of\Vomen for one unscheduled yacancy for a term endmg June 30. 1999. was contmued to tlIe meetmg of Apn114. 1998 l4-D LOS ANGELES COt:l\"TY 'VEST VECTOR CONTROL VACANCY The appomtment to the Los Angeles County West Vector Control for one vacancy for a term endmg December 31, 1999. was contmued to the meetmg of Apnl 14, 1998 14-E St:PPORT OF AB1368 AND SB1857 The request of Councllmember Genser that tlIe CIty CounCIl support AB 1368 and SB 1857 was contmued to the meetmg of Apnll4, 1998 14-F RESIG~ATION FROM CONVENTION AND VISITORS BUREAU The recommendatIon to accept the letter of resIgnatIOn from RIck Olshansky from tlIe ConventIOn and VISItors Bureau and authonzatIon for the CIty Clerk to 10 Apnl 1. 1998 PUBLIC Il\-rUT; ADJOURN:\tIENT 476 publIsh the vacancy was contmued to the rneetmg of Apn114, 1998 15 PUBLIC INPLT Member of the publIc Bnan Hutchmgs expressed hIS concern about vanous Issues On order of the Mayor. the CIty CouncIl meetmg was adjourned at 12 41 am. to Apnl 14, 1998, at 6 15 pm" m memory of RIchard Campbell ATTEST APPROVED '-- ~~~wS :VIana M Stewart CIty Clerk ~;://ik- Robert T Holbrook Mayor 11 Apn1 1, 1998 I I I