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
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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
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468
housmg Staff answered questlOns of CouncIlmembers
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: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
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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,"
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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
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MotIon bv Councilmember Rosenstem. seconded bv
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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
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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
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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
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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
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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
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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
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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
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MotIOn bv Councllmember Femstem. seconded bv Mavor Pro
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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
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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
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Councllmember Rosenstem, to request staff to return to CouncIl
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Apnll,1998
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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
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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
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