SR-8A
Suep\~e.v\.\~ ~G"Il-
4-l-C, cg ~-r;.
PCD SF KG AS f \plan\share\council\strpt\stJsuP
Council Mtg Apnl1, 1998
Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Ordinance for Introduction and FIrst Reading Approving Development
Agreement 96-001, CertIfication of Final Environmental Impact Report 96-
001 and Adoption of a Statement of Overrldmg Considerations, General Plan
Amendment 96-002 to Modify the Hospital Area Specific Plan (HASP) and
Land Use Map, and General Plan Amendment 96-003 to Modify the Land
Use and Circulation Element (LUCE) and Land Use Element Policy Map
Applicant Saint John's Health Center
INTRODUCTION
This report provides revised DevelopmentAgreement language, including the modifications
presented m the March 24th supplemental staff report as well as additional text changes
prepared In response to the City Council's request at the March 241'1 Council meetmg
Additionally. Attachment A provIdes a revised Resolution adoptmg a Statement of
Overndlng Considerations and a Mitigation Monltonng Plan reflectmg the changes to the
Development Agreement mitigation measures
CITY COUNCIL REQUESTED DEVELOPMENT AGREEMENT MODIFICATIONS
1 ExhIbit K, Phase One Condition 31
31 A public Information program shall be established by Samt John's concerning
the Impending construction activities dUring Phase One ThiS program may
Include media coverage, portable message signs and mformatlonal signs at
the Job site This program will include periodic bulletins to neighbors
residing within a five hundred foot radius ofthe Phase One project and
the principal of McKinley Elementary School. Such bulletins shall be
provided when construction activities and conditions change that may
1
Su1>pLe~\ ~rt
g ~ L{--(-q ~
impact the surrounding residential neighbors. The bulletin shall be
issued at least 14 days in advance of any change to construction
activities. The bulletins will describe the types of construction
activities scheduled to occur during the period covered by the bulletin,
including any construction activities, truck routes, and deliveries that
may impact students on campus or walking to school. The bulletin
shall include a phone number and contact person at Saint John's. Pnor
to the commencement of construction, Samt John's shall submit the public
mformatlon program to the Plannmg Director for review and approval
2 Exhibit K, new Phase One Condition 57
57. The City may reqUire Saint John's to install construction fencing at a
height which exceeds the height otherwise allowed by the Zoning
Ordinance.
3 Exhibit K, Phase One Condition 58
58. Prior to commencement of Phase One construction, Saint John's will
submlttothe Planning Director a neighborhood mitigation plan that will
describe the terms and conditions which Saint John's will implement
to mitigate the impacts of its construction activities on neighboring
properties. The plan may Include, Without limitation, double glazing,
sound walls, and insulation or other reasonable measures to mitigate
construction dust and construction noise impacts. Copies of the plan
will be made available on request to neighbors residing within 500 feet
of the Phase One project site.
4 Exhibit K. Phase One Sustamable Cities Condition 15
15 Inf----...-- _...._11 ....- _~_....J_,,_ _--1_..__- -~ nL-.___ r.__ -....-.... ......- ---. ._1._-
v, IIICHIV" ;;>llall u'" 1-'1 VV IU'" LV """'I-"VY"""';;> VI I 110;;>"" '-'I'''' OUUUL LI''''' ''''...Y......, 'l:l
services In the area Within six (6) months of the Effective Date of this
Agreement, Saint John's will establish a recycling policy. The policy
shall be submitted to, and coordinated with, the City's Director of
EPWM, or such other person as the Director shall designate, and the
Director's comments shall be considered in development of the final
program. The program shall consider, at a minimum, all waste streams
managed by Saint John's, the environmental consequences of
deCISions relative to recycling, and the cost effectiveness of the
various recyclable waste streams and programs. Information shall be
2
provided to employees of Phase One about the recycling services in
the area. Buy-back centers and possible markets for recyclables In the area
shall be Identified
5 Exhibit K, Phase One Sustainable Cities CondItion 17
17 Prior to Issuance of a T echmcal City Permit for the construction of any
bUIlding or parkmg structure over which the City has permlttmg authority In
Phase One, Samt John's shall submit an analYSIS to EPWM demonstratmg
that the design of the proposed bUilding or parking structure will result In a
minimum ten percent (10%) energy effiCiency Increase over the life of the
bUilding or parkmg structure above the requirements of Title 24 of the
California Code of Regulations, to the extent such mcrease can be
Implemented on a cost-effective baSIS measured over the life cycle of the
bUilding or parking structure The proVISions ofthts mitigation shall not apply
~ 105jjitCi: 3ui~diiig5 to buildings classified as Institutional (I) Occupancy.
Saint John's shall, however, endeavor to meet these energy standards
in the design of all new buildings In Phase One, and in any future
renovations and/or Improvements to the buildings In Phase One, and
commits to performing a comprehensive analysis ofthese buildings to
identify all feasible energy efficiency opportunities for the project.
6 Exhibit K, new Phase One Standard Condition 20
20. Saint John's shall cooperate with the City in evaluating energy supplies
for use in faCilities constructed in Phase One. Saint John's shall
participate in analysis, procurement, supply and distribution of energy
supplies which may be produced, aggregated, bundled or in any other
way developed by the City, except that Saint John's will not be required
to compromise reliability of supply, effiCiency of its systems, or the
cost effectiveness of Its operations In making its energy procurement
decisions, taking Into consideration the full environmental impacts of
energy generation and procurement decisions.
7 Exhibit K, Phase One Standard Condition 43
43 In order to enhance the pedestrian activity m the Entry Plaza. Saint John's
shall have the right to locate small retail and service food and beverage
carts In the Entry Plaza Such carts may provide for the purchase offood
and\or sale of non-alcoholic beverages.
..,
j
8 Exhibit K, new Phase One Standard Condition 46
46. Within SIX (6) months following commencement of use of the new
Loading Dock, Service BUilding and Emergency Room, Saint John's
shall retain an acoustical engineer to prepare a study ('Sound Study')
of those operations to determine whether noise generated from the
Loading Dock, Service Building, and/or Emergency Room exceeds the
standards established for Noise Zone III (Institutional) in Santa Monica
Municipal Code Chapter 4.12 ('Noise Ordinance'). The Sound Study
shall identify mitigation measu res to reduce such noise if necessary to
comply with the City's Noise Ordinance. The study methodology shall
be approved by the Planning Director prior to commencement of the
study.
9 Exhibit K, new Phase One Condition 47and re-number the "Monltonng of Conditions"
requirement as Condition 48
47. Hours for public access to the North Lawn shall at a minimum be
consistent with the public access hours for City Parks as determined
by the Director of Community and Cultural Services.
10 Exhibit K. Phase Two Condition 42
42 Samt John's shall pay water demand mitigation fees to the City to mitigate
t~6 65tiiiiat6d dCii:Y v"vCit6. CGii5i...iiliptiGii iatc t:iivj~ct~d fOi thz rhCiSZ Tvvo
development to the extent reasonably related to adverse im pact caused
by the Phase Two development then being approved, net of the
decrease in water consumption attributable to Phase One as well as the
elimination of uses in Phase Two.
11 Exhibit K, Phase Two Condition 49
49. Documentation shall be provided shall be provided to EPWM certifymg
that existing Santa Monica occupancies with tOilets installed prior to
1978 have been retrofitted with ultra low-flow toilets, such that the
4
development of the project will not result in a net increase in
wastewater flows after accounting for the Phase One net decrease as
well as existing conditions for Phase Two. Flow from existing
occupancies which will be removed as part of the new development
may be deducted from the flow attributed to the new development.
Flowcalculatlons for the Project shall conform to guidelines developed
by EPWM.
12 Exhibit K, Phase Two Condition 52
52 Samt John's shall be required to pay sewer capital facIlity expansion fees
____._.__. .......... ......_ ~__"'~____._ _. C"__.._ "11__.__ a 11.._._.__1 ro_...._ C"__..__
\..oVII~I~lCI Ii VVlLl1 L1IC I C,-\U II CIIIClll~ VI VO.l I LCI. IVIVIII...C1. IVI UIII\..oII-'Cl.I '-'VUC uo;;;;...L1VII
...., l'\A Aal'\ __._ _____..J____ .......... ......_ __...__ ___.._1 .__.1..... .__ __....._____ ._
j v..... .....vv, VI III C1....\..oVI UCl.II...C VV III I L1IC ~CVVCI "'OI-'ILCl.1 10....111 LY ICC VI u 1110.11"'" III
effect at the tiilie ofbLii:ding periliit iSSuance, net ofthe decrease In sewer
usage attributable to Phase One as well as the elimination of uses in
Phase Two.
13 Exhibit K, Phase Two Condition 60
60 A public information program shall be established by Saint John's concerning
the Impending construction activities durmg Phase Two ThiS program may
Include media coverage, portable message signs and mformatlonal Signs at
the Job site This program will include periodic bulletins to neighbors
residing within a five hundred foot radius ofthe Phase Two project and
the principal of McKinley Elementary School Such bulletins shall be
provided when construction activities and conditions change that may
Impact the surrounding reSidential neighbors. The bulletin shall be
Issued at least 14 days in advance of any change to construction
activities. The bulletins will describe the types of construction
activities scheduled to occur during the period covered by the bulletin,
Including any construction activities, truck routes, and deliveries that
may impact students on campus or walking to school. The bulletin
shall include a phone number and contact person at Saint John's. Prior
to the commencement of Phase Two construction, Saint John's shall submit
the public mformatlon program to the Planning Director for review and
approval
14 ExhIbit K, Phase Two Sustamable Cities ConditIon, modify the first "bullet" pOint on
page K-39
5
· Prior to occupancy of any Phase Two buildings, Saint John's will
establish a recycling policy. The policy shall be submitted to, and
coordinated with, the City's Director of EPWM, or such other person as
the Director shall designate, and the Director's comments shall be
conSidered in development of the final program. The program shall
conSIder, at a minimum, all waste streams managed by Saint John's,
the envi ronmental consequences of decisions relative to recycl ing, and
the cost effectiveness of the various recyclable waste streams and
programs. Information shall be provided to residents and employees of
Phase Two bUlldmgs about the recycling services In the area Buy-back
centers and pOSSible markets for recyclables In the area shall be Identified
Recycling of glass, metal, paper, cardboard and other materials, to the
maximum extent feaSible, shall also be suggested to any sublessees In the
Project
15 Exhibit K, Phase Two Sustamable Cities Condition, modify the third "bullet" pomt on
page K-39
· Prior to Issuance of a Technical City Permit for the construction of any
bUilding or parking structure over which the City has permitting authority m
Phase Two, Saint John's shall submit an analysIs to EPWM demonstrating
that the design of the proposed bUilding or parking structure Will result In a
minimum ten percent (10%) energy effiCiency Increase over the life of the
bUlldmg or parkmg structure above the requirements of Title 24 of the
California Code of Regulations, to the extent such Increase can be
Implemented on a cost-effective basIs measured over the life cycle of the
bUilding or parking structure The prOVISions of this mitigation shall not apply
te :~u5pital [3i.jildiii~F; buildings classified as Institutional (I) Occupancy.
Saint John's shall, however, endeavor to meet these energy standards
in the design of all new buildings In Phase Two, and in any future
renovations and/or Improvements to the buildings in Phase Two, and
commits to performing a comprehensive analysIs ofthese buildings to
identify all feasible energy efficiency energy opportunities for the
project.
16 Exhibit K. Phase Two Sustainable Cities Condition, add a new "bullet" pOint to the end
of the list on page K-39
· Sai nt John's shall cooperate with the City in evaluating energy supplies
6
for use in facilities constructed In Phase Two. Saint John's shall
participate In analysis, procurement, supply and distribution of energy
supplies which may be produced, aggregated, bundled or in any other
way developed by the City, exceptthat SaintJohn's will not be required
to compromise reliability of supply, efficiency of its systems, or the
cost effectiveness of its operations in making its energy procurement
decisions, taking Into consideration the full environmental impact of
energy generation and procurement decisions.
TECHNICAL REVISIONS TO DEVELOPMENT AGREEMENT
The follOWing Development Agreement Sections are proposed for modification
1 .1.1..2..- Failure by Saint John's to proceed with construction or Implementation of
the Project or any bUildings or Improvements shall not result In any loss or
diminution of development rrghts, except upon expiration of Sarnt John's vested
rrghts pursuant to Sections 2 34 and 3 7 3.8 of thiS Agreement
2 2 2 8 An access area to and from Arizona Avenue exclUSively for emergency
vehicles and other vehicles utiliZing the emergency room services In the D& T
Center ("Emergency Access"), consisting of one separate ambulance entrance
drrveway, and an entry/exit drrveway that Will accommodate entry by non-
ambulance vehicles and eXit by all vehicles The Emergency Access Will contain
a minimum of fourteen fifteen (14) (15) parking spaces (Includmg handicapped
parking) In addition. the Emergency Access Will contain an ambulance drop-off
area which Will accommodate four ambulances In two tandem lanes whIch Will be
covered by a canopy and screened from the public parkmg area The VISibility of
the publiC parking area Will be screened from Arrzona Avenue by a landscape buffer
and low screen wall that shall not exceed be a minimum of three (3) feet In height
and a maximum of eight (8) feet in height measured from EXisting Grade
3 2 4 1 The preliminary stage of the development of Phase One shall consist of the
followmg elements (a) the Mamtenance FaCIlity shall be demolished and removed
and (b) the New Central Plant, arid Loading Dock and Service Building shall be
constructed
4 2 4 2(d) Dunng the first stage, a temporary entrance and eXit to and from Santa
MOnica Boulevard and the Inpatient SUites and the O&T Center may be constructed
by SamtJohn's ("Temporary Access") The Temporary Access shall proVide access
7
to the Inpatient SUites and the D& T Center until the Entry Plaza IS constructed m the
third stage of Phase One The curb cut for the driveway entrance to the Temporary
Access shall be approximately forty (40) feet wide and shall be located not less than
one hundred fifty (150) feet from the curb line of the west side of Twenty-Third
Street The Temporary Access shall be removed by Saint John's In accordance
with Section 244 (d) Additionally, durrng the first stage Saint John's may construct
an enclosed passageway ("Temporary Connection"), whIch shall provide a covered
walkway to connect the South East Wing and the Inpatrent SUites on a temporary
basIs until the D&T Center IS constructed In the second stage of Phase One The
Temporary Connection may be constructed by Saint John's rn order to facilitate the
continued operations of Saint John's dunng the construction of the Phase One
bUIldings and Improvements The Temporary Connection shall not exceed more
than a height of forty (40) feet and a width of eighteen (18) feet
5 2 5 1 (a) The Inpatient SUites, D& T/Outpatlent, MR.l raclhty and Annex may be
used for one or more of the follOWing uses (I) hospital, medical and health care
uses. Including without limitation, those specIfIc uses listed m Exhibit "G" to this
Agreement (collectively, "Hospital/Health Care"), and (II) accessory uses which are
determmed by the Plannmg Director to be necessary and customanly assOCiated
with, Hospital/Health Care uses, and which are not more dlsturbmg or disruptive
than such authorized uses
6 2 6 1 (a) The EXlstmg Site Map Identifies an area of the Campus Property as the
"Existing North Lawn". which IS located along portions of Arizona Avenue and
Twentieth Street Prior to the destruction of the North Wing. the EXlstmg North
Lawn consisted of approximately forty-one thousand three hundred (41,300) square
feet The EXlstmg North Lawn area shall be recoiifigi...ii6d Ciiid impio'V'6d removed
and replaced with the new North Lawn ('North Lawn') as a part of Phase One
of the Project DraWing 'D-1' of the Project Site Plan delineates the reconflgured
:OCCiti0ii the approved location of the North Lawn on the Campus Property ("North
Lawn") The North Lawn shall be not less than forty-one thousand three hundred
(41.300) square feet All portions of the North Lawn shall be publicly acceSSible.
Includmg Without limItatIOn, access from Twenty-Third Street In calculating the size
of the North Lawn, all measurements shall be taken from the Interror edge of the
Sidewalk to the extenor face of the bUilding
7 Section 2 6 8 A screen wall shall be located on the portion of the North Campus
adjacent to Arizona Avenue m order to screen the Loadmg Dock and any
mechanical equipment, coolmg towers and oxygen tanks The height of such
screen wall shall be a maXiilii..iili minimum of tweiity-oii6 \2~) thirteen 13 feet
measured from EXisting Grade A four (4) foot wide landscape area shall be located
along the screen wall faCing Arrzona Avenue ThiS landscape area shall be planted
8
pnor to use of the Service Area In compliance with the plans approved by the ARB
Once planted. this landscape area shall be maintained for the term of the
Agreement
8 Section 36 1 Pnor to, or concurrent With, the filing by Saint John's of a
Development Review Application for the first bUilding or Improvement m the Project
which It proposes to develop on the South Campus, Saint John's shall submit to the
Planmng Department a proposed master plan for the development of the South
Campus ("Master Plan") The Master Plan shall establish the basIc parameters
gUiding the development of the South Campus, including, Without limitation (a)
bUlldmg placement, (b) BUilding Helghtforall bUildings. (c) setbacks for all buildings,
(d) stepbacks for all bUildings. (e) parking (both subterranean and above-grade), (f)
location of uses, (g) vehicular and pedestnan circulation and (h) open space and (i)
phasing and timing of improvements (collectively, the "Master Plan Elements")
The proposed Master Plan shall also deSignate the EXisting BUildings and EXisting
Parkmg Lots on the South Campus that shall be subject to demolition and removal
In order to allow for the development of the new bUlldmgs and Improvements m the
Project that are In the proposed Master Plan The proposed Master Plan shall
provide for a minimum of thirty-five percent (35%) open space on the South
Campus In calculating the amount of open space on the South Campus, paved
parking areas, driveways and Internal roadways shall not be Included The Master
Plan submitted by Saint John's to the Plannmg Department shall be consistent and
In accordance With the prOVIsions of thiS Agreement No Development ReView
Permit for any bUilding or Improvement on the South Campus shall be Issued or
approved prror to approval by the City of the Master Plan m accordance With thiS
Section 3 6 No master plan shall be required for the Phase Two bUildings located
on the North Campus
9 Section 3.8.3(c} With respect to any Proposed BUilding, regardless of whether
or not it IS a Hospital Building, In the event the building permit expires
pursuant to Section 3.8.4.
10 Section 3 92 (d) The Parking Reduction Application shall be processed In
accordance With Part 9 04 20 26 of the ZOning Ordinance. a copy of which IS
Included as part of Exhibit "F" The Planning Dii6CtOi Commission (or Plaiiiiing
Commission City Council on appeal) shall approve a reduction In the parking
spaces that would otherwise be required pursuant to Section 3 9 1 If and to the
extent the Planning Dii6CtOi Commission (or Planning Commission City Council
on appeal) reasonably determine that the Parking Study, together WIth other
credible information presented to the Planning Dii6CtOi Commission (or Planmng
Commission City Cou ncil on appeal), demonstrates that parking demand for Phase
Two bUildings subject to the Parking Reduction Application IS less than the parking
that would be required by Section 39 1 In reviewing a Parking Reduction
Application, the Planning Dii6CtOi Commission {or Plannmg Commission City
9
Council on appeal) shall also consider the extent to which the Parking Study
demonstrates either a deficit or surplus of parking for eXlstmg Phase Two bUlldmgs
11 Section 3 9 6 In the event that Samt John's satisfies all or any portion of ItS
obligations under this Section 38 to provide the parking spaces required for a
particular bulldmg In Phase Two which IS located on one or more Parcels on the
Campus Property through the provISion of parkmg spaces which are located, m
whole or In part, on one or more different Parcels on the Campus Property ("Subject
Spaces"). Samt John's shall execute and record covenants In form and content
reasonably satisfactory to the City to make the Subject Spaces available for the
applicable bUlldmg (a) dUring the Teim ofthi5 Agreemeiit life of the building or (b)
until Saint John's has adequately demonstrated that the Subject Spaces are no
longer reqUIred to satisfy the obligations of Saint John's under this Section 3 9 With
respect to a bUilding on separate parcels
12 Exhibit H 2 1 Pedestnan Access
2 1 Pedestrian Access. Pedestrian access to the Phase One bUildings on the
North Campus will occur at fOui five locations
add 2.1.5: From 23rd Street to the Entry Plaza
13 Exhibit H 32 Signalization
As of the Effective Date, there IS a traffiC Signal for the EXIsting Crosswalk Upon
removal of the EXisting Crosswalk, thiS eXisting traffic Signal will be removed and will
be replaced by the City With a new traffic SIgnal located at the Ingress dnveway of
the Entry Plaza on Santa Monica Boulevard ("New Signal") Samt John's shall pay
the costs associated With the installation of the New Signal and removal of the old
Signals Saint John's may request addition of a second Signal to be located at the
iiigies5 egress dnveway of the Entry Plaza on Santa MOnica Boulevard The City
Will process such a request In accordance With ItS procedures then In effect The
City retains discretion to approve. conditionally approve or deny any such request
In the event that the CIty approves the additional signal. Samt John's shall pay for
the costs associated WIth the mstallatlon of the additional Signal
14 Exhibit K. Neighborhood Effects, p 7
2 The Emergency Access shall consist of one separate ambulance entrance
10
dnveway, and an entry/exit dnveway that will accommodate entry by non-
ambulance vehicles and 6XiStiilg exiting by all vehicles The Emergency
Access will contain a minimum offi'ft66ii fourteen parking spaces (including
handicapped parking) In addition, the Emergency Access will contain an
ambulance drop-off area which will accommodate four ambulances In two
tandem lanes which will be covered by a canopy and screened from the
public parking area The vIsibility of the public parking area will be screened
from Anzona Avenue by a landscape buffer and a Ivirv screen wall a
minimum of 3 feet in height and a maximum of up to 8 feet as
determined by the Director of Planning
15 Exhibit K. Phase One Standard Condition 40
1 The Anzona Avenue Service Area screen wall shall be a maXimum
minimum of 24- 13 feet measured from EXisting Grade A four foot wide
landscape area shall be located along the screen wall faCing Anzona
Avenue ThiS landscape area shall be planted prror to use of the Service
Area Once planted. thiS landscape area shall be maintained for the term of
the Development Agreement
Attachments
A ReVised ResolutIon Adopting a Statement of Overndlng Considerations
11
.s. V(> '6' \.e. ,^,,"e.v...~ v-\ Q ~-\-
L\-L-~ ~ ~-A
1 8 Saint John' s Child Care Pro~ram.
Dunng the entire Term of thIs Agreement, Saint John's shall provide child
care services In accordance with the follOWing requirements
1 8 1 Phase One.
1 8 1 (a) Proqram CapacIty
1 8 1 (a)(I) Saint John's shall maintain Its eXisting child care
capacity (as licensed by the State of California) of 84 full-day preschool spaces
("reqUIred level of service") or Its eqUivalent, as further specified In Sections 1 8 1 (a)(lI)
and 1 81(b)(I)
1 8 1 (a) (II) An eqUIvalent level of servIce shall be calculated
as follows
16 part- or full-day therapeutic pre-school spaces are eqUIvalent to 28
full-time preschool spaces
8 full-day InfanUtoddler spaces are equivalent to 14 full-day pre-school
spaces, or as calculated based on State child care licenSing requirements
(per square footage per slot)
1 8 1 (a)(lll) Within the reqUIred level of service, Saint
John's shall provide a minimum of 8 full-day infanUtoddler spaces Saint John's shall
be responsible for making the necessary physical modifIcations to Its child care
faCIlities to accommodate Infants and toddlers, pursuant to State chIld care licenSing
requirements
1 8 1 (b) Program Operations
1 8 1 (b)(I) WIth the exception of the therapeutic pre-school
program, Saint John's shall offer full-day programming for all remaIning spaces
Current part-time preschool spaces shall be converted to full-day spaces through
attrition
1 8 1 (b)(lI) The mrnrmum full day program shall be 11 hours
per day, five days per week Saint John's shall consider the coverage needs of Its
employees when establishing hours of operatIon
1 8 1 (b)(lII) Samt John's child care program shall operate at
a minimum annual capacity of 85%, based on an average occupancy rate for each 12-
month period
1 8 1 (b)(lv) Saint John's child care program shall meet all
State child care and early education rules and regulations In addition, Saint John's
child care program shall be In compliance with the National Academy of Early
Childhood Programs accreditation standards for center-based programs, or comparable
successor standards
1 8 1 (c) Enrollment Priorities
For any available space, enrollment priority shall be given to (1)
children of Saint John's employees deSIring full-time child care, (2) children of Samt
John's employees deSiring part-time care as long as that full-time space Will be shared
by that employee With another Saint John's employee deSIring care for the remaining
time for that space, (3) children of Santa MOnica residents deSIring full-time child care,
and (4) chIldren of those workIng rn Santa Monrca deSIring full-time care
2
1 81(d) Community Access and Affordablllty
1 8 1 (d}(I) Saint John's shall conduct ongoing outreach to
Inform employees and the community about Saint John's child care program
1 8 1 (d)(II) SaInt John's shall maintain a waltmg list for
those Interested In enrolling children In the child care program
1 8 1 (d)(III) To ensure that child care spaces are accessible
to lower Income employees and community members, Saint John's shall establish a
scholarship fund ("Scholarship Fund") and prOVide a mInimum of $100,000 annually
for scholarships for lower-Income families First priority shall be given to Saint John's
employees and second priority to Santa MOnica residents Scholarships for partial or
full tUition shall be awarded based upon need, uSing family Income, family Size, and
current fmanclal circumstances as Criteria The lowest compensated Saint John's
employees shall receIve priority for the scholarship program The total scholarship
amount shall Increase annually according to any percentage Increase In child care
program fees Instituted for that year
1 8 1 (d)(lv) Program fees paid by parents shall be
comparable to the fees charged by other full-day non-profit InfanUtoddler and pre-
school programs In the City of Santa MOnica
1 8 1 (d) (v) Should Saint John's choose to operate the child
care program through an outSide operator, Saint John I s shall caver the follOWing costs
and shall not pass through these costs to the outSide operator faCilIty rent, facility
maintenance, linen service, children's meals, and administrative Indirect costs
1 B 1(e} Employee War:les and BenefIts
3
Saint John's, or any contractor retained to provide the
reqUired child care services, shall provide Its child care employees with wage and
benefit compensation that IS commensurate with comparable positions of the Santa
Momca Mahbu Umfied School Dlstnct
1 8 1 (f) ChIld Care Implementation Plan
1 8 1 (f){I) Saint John's shall submit a chrld care
Implementation plan and time line for Phase One C'Child Care Implementation Plan")
to ensure compliance with the above requirements within SIX months of the Effective
Date of the Agreement
1 8 1 (f)(lI) The City Manager, or his/her designee, shall
review and approve the Child Care Implementation Plan within one month of ItS
submiSSion to the City Such approval shall not be unreasonably Withheld
1 8 1 (f)(III) Saint John's child care program must be
operatIonal Within 12 months of the Effective Date, and the requirements of thiS Section
1 8 1 must be fully Implemented Within 18 months of thiS date
1 8 1 (g) Annual Report
1 8 1 (g)(I) Saint John's shall submit an annual report to the
City specifYing 1) the number of total licensed spaces available by program component
and the average occupancy rate for the year, 2) the number of Infant, toddlers and
preschoolers served, 2) the number of children With special needs served by each
program component, 3) the number of chIldren served by the reqUIred ScholarshIp
Fund, including family Income and the number of children In the family, and the total
dollar amount expended from the Scholarship Fund, 4) the number of chIldren of Saint
4
John's employees served and the number usmg (a) part-day and part-time and (b) full-
day schedules, 5) the number of Santa Monica reSidents and employees working In
Santa Monica served, 6) the number and needs of those on the waiting list, 7) a list of
In-kmd services provIded pursuant to thiS Agreement wIth certIficatIon that these costs
were not passed through to parents by parent fees or to an outside operator, If
contracted, 8) the salary schedule for employment positions at Samt John's (or Saint
John's contractor's employment positions) working m the child care program, and 9)
significant trends or program changes
1 8 1 (g)(lI) The annual report shall be submitted to the City
within one hundred twenty (120) days after the completion of each fiscal year The City
shall review the report and respond to any requested program changes wlthm sixty
days of the submittal pursuant to Section 1 8 1 (h)
1 8 1 (h) Prof:lram Changes
1 8 1 (h)(I) Samt John's may Include, In the annual report,
requests to make modifications to the required child care program based on changmg
child care needs and demand for services Such requests shall be accompanied by full
documentation on the changing child care needs and demand for services that led to
the request
1 8 1 (h }(Il) Saint John's shall not change the operations of
Its child care services without prior City review and approval If such change would alter
or modify the operation of Samt John's chIld care program as mandated by thiS SectIon
1 8 Saint John's may change features of ItS chl1dcare services not required In thiS
Section without seeking City approval
5
1 8 1 (h)(III) The City Manager, or his/her designee, shall
review and approve, at hislher reasonable discretion, proposed program changes
based on the following cntena 1) the proposal will address an unmet child care need
for Samt John's employees and/or Santa MonIca resIdents, 2) the proposal does not
result In a gap In child care services for Infants and toddlers In the community, 3) the
proposal does not supplant currently utilized community child care resources, 4) the
proposal will not result In disruption to those currently being served, and 5) the
proposal meets the reqUired level of service for 84 full-day preschool spaces or Its
eqUivalent as specified In Section 1 8 1 (a)
1 8 2 Phase Two.
1 8 2(a) Program Capacity
Pursuant to the requirements of thiS Section 1 8 2, Saint
John's shall provide an expanded chIld care program to address child care needs
generated by Phase Two (North and South Campuses) of thiS Agreement
1 8 2(b) Proqram Operations
1 82(b)(l) Saint John's Phase Two child care program may
be provided on or off the Saint John's campus, however It may not supplant currently
utilized community child care resources
1 82(b)(lI) The program shall meet all applicable State child
care and early education rules and regulations and shall be In comphance With
accreditation standards of the National Academy of Early ChIldhood Programs for
center-based programs or the National Family Child Care ASSociation for In-home
programs, or comparable successor standards
6
1 82(b)(llI) Enrollment pnonty shall be established In the
following order for each available space 1) children of Saint John's employees,
2) chIldren of Santa MOnica resIdents, and 3) children of those working In Santa
MOnica
1 8 2(c) Service Expansion
Saint John's shall consider Implementing programs that
address special child care needs, such as care dUring evenings or non-traditional child
care hours, sick child care and any other IdentifIed need
1 82(d) Community Access and Affordablllty
1 8 2(d)(I) Saint John's Phase Two child care program shall
be broadly advertised through a comprehensIve community outreach program to rts
employees and community members
1 82(d)(II) Saint John's expanded child care program shall
Include a fee/scholarshIp structure that provides access by lower-Income employees
and lower-Income Santa Monica reSidents
1 82(e) Child Care Implementation Plan
1 82(e)(I) Prior to submitting a Development ReView Permit
Application to the City for the first Phase Two bUilding, Saint John's shall retain a child
care consultant with expertise In employer-related child care to conduct a study of
projected child care needs generated by anticipated Phase Two facilities and uses and
to develop recommendations on the best faCility and program deSign for the Phase Two
child care program
7
1 82(e)(II) Saint John's shall submit the name and
qualifications of the consultant, as well as the study methodology, to the City Manager,
or his/her designee, for approval prior to retention of the consultant and InitiatIOn of the
study
1 82(e)(III) Based on the results of the study, Saint John's
shall submit to the City a proposed Phase Two child care Implementation plan and
schedule ("Phase Two Child Care Implementation Plan") with Its Development
Review Permit for the first Phase Two bUilding The Phase Two Child Care
Implementation Plan shall Include, but not be limited to, the following
results of the required chlldcare needs study,
scope of the Phase Two child care program Including the projected State
licensed capacity and proposed average annual occupancy rate, program
components including numbers and ages of children to be served, and
hours and days of operation,
staffing plan and general salary schedules and/or ranges,
employee and commumty outreach program,
fee/scholarship structure to ensure access by lower-Income employees
and residents,
proposed program facIlities (including on-site and off-Site components, If
applicable), for onslte center-based facIlities, the square footage and
location within Phase Two For off-Site facilities, Include a description of
facIlities to be used or developed and how their use will not supplant
currently utilized child care resources
8
proposed service prlontles consistent with the requirements of this
Agreement
ImplementatIon schedule (IncludIng any proposed phasIng plan for chIld
care services)
1 82(e)(lv) The City Council shall revIew the proposed
Phase Two Child Care Implementation Plan The Council I s review shall Include, but
not be limited to, the extent to which 1) the proposed program addresses the projected
demand for child care generated by all Phase Two uses, 2) the community outreach
program adequately Informs employees and reSidents of the program, 3) the proposed
fee/scholarship structure addresses the need for access by lower-Income employees
and reSIdents, 4} the proposed program and faCIlities meet State reqUirements and
national accreditation standards, 5) the proposed program does not supplant currently
utilized child care resources, 6) the proposed Implementation schedule IS consistent
With the Implementation of the South Campus Master Plan, If then available, and North
Campus Phase Two Development
1 8 2(e)(v) Prior to approving any Development Review
Permits for Phase Two, SaInt John's shall obtain City Council approval for Its Phase
Two ChIld Care Implementation Plan
1 8 2(e)(vr) Any Development Review application for a
Phase II bUilding shall provide information detailing how the child care demand
generated by that Phase II bUilding Will be met In accordance With the Phase Two Child
Care Implementation Plan
1 8 2(e)(vlI) As a condition of approving a Development
9
RevIew Permit for a Phase Two bUildIng, the PlannIng CommIssIon shall require Saint
John's to meet the child care demand generated by that Phase Two bUilding In
accordance with the Phase Two Child Care ImplementatIon Plan
ken1 8/1269
10
SV PP\~+~ f.2e.-fJ~
L\- l- '1. ~ &- A-
1 .7 Saint John's Community Benefit Program
During the entire term of this Agreement, Saint John's shall provide
and financially support community programs and services and regularly assess
these programs to ensure that It maintainS a community benefit program that IS
responsive to community needs Saint John's community benefit program shall
be established and maintained In accordance with Health & Safety Code Section
127340 et sec., any successor legislation, or administrative regulations adopted
thereto and with the following reqUirements:
1.7.1 Phase One
1.7 1 (a) General Community Benefit Program Requirements
1.7 11a)(1) Prior to December 1, 1998 and every 3 years
thereafter, Saint John's shall conduct a comprehenSive needs assessment to
gUide Saint John's allocation of resources In support of the health and well-being
of the Santa MOnica community and its reSidents ThiS process shall: assess
Without limitation the health care, including mental health, needs of the
community, including, but not limited to, the follOWing: chIldren, including
students attending Santa Monica publiC schools, the indigent, uninsured and
under-Insured; seniors and persons With disabilities; women; and the homeless.
The needs assessment process shall Involve the broad representatIon of the
community In assessing and pnorltlzlng community health care needs and
opportunities for Involvement shall be broadly advertised In local media.
1
1.7.1 (a)(lI) Saint John's shall develop an annual
"Community Benefit Plan" for Implementation In the following fiscal year which
shall Include all elements and conform to all reporting requirements of Health &
Safety Code ~127340 et seq. , any successor legislation, or administrative
regulations adopted thereto. Each Community BenefIt Plan shall Include, but not
be lImIted to, a summary of the needs assessment process undertaken, the
method used to pnoritlze needs for inclusion In the Community Benefit Plan, a
descnptlon of collaborative planning activltJes with other community organizations
and faCilIties used in developmg the plan, a description of the methods Saint
John's has used to publiCize and distnbute the draft and fmal plans to the local
community, a summary of all proposed community benefit activities and the
economiC valuation of each; and an Implementation time line that Includes
goals/objectives and time frames/intenm milestones for each benefit activity. Each
Community BenefIt Plan shall also mclude a summary of all community benefits
proVided In the pnor year, the economic valuation of each benefit. and
documentation that the reqUired minimal level of community benefIt has been
achieved as reqUired In Section 1 7 1 (a)(v) of the Agreement.
1.7.1 (a)(llI) In developing the Community Benefit Plan,
Samt John's shall prOVide opportunities for review and comment by members of
the pubhc and representatives of local community organizations including, but not
limited to, one pubhc meeting and notification of the availability of the wntten
Community Benefit Plan in the local media
2
1.7.1(aHlv) Two months prior to submIssion to the State
of the Community Benefit Plan as required by Health & Safety Code ~ 127350 et
sea. or any successor legislation thereto, Saint John's shall submit the Community
Benefit Plan to the Director of Community and Cultural Services for review and
comment.
1.7.1 (aHv) In developing the Community Benefit Plan,
Samt John's shall ensure that It maintains a minimum level of community benefit
as that term IS defined In Health & Safety Code ~ 127345, or any successor
legislation, that places Saint John's In the upper quartile of all Catholic non-profit
hospitals or all non-profit hospitals, whichever IS higher, reporting to the State of
California under Health & Safety Code ~ 127340 et sea. , or any successor
legislation based on the economic value of benefits reported. However, the City
shall not consider Saint John's to be In default of thiS Agreement and the City
shall not pursue the nghts and remedies specified In Article 14 of this Agreement
so long as Saint John's minImum level of commumty benefIt IS In the statistIcal
mean or median of all Catholic non-profit hospitals or all non-profit hospitals,
whichever IS higher, reporting to the State of CalifornIa under Health & Safety
Code ~ 127340 et seq. or any successor legislation The level of community
benefit shall be based on the economiC value of community benefit reported.
Additionally, for purposes of thiS Section, the establishment of Saint John's
ranking shall be based on the most current information reported to the State.
3
1.7.1 (aHvl) If at any time dUring the term of this Agreement, the
State does not rank non-profit Catholic hospItals and all non-profit hospitals based
on the overall community benefit provided by these hospitals based on the
economiC value of the benefits reported to the State, then Saint John's shall be
reqUired to establish these ranklngs based on the information proVided to the State
pursuant to Health & Safety Code ~ 127340 et seq. or any successor legislation
thereto.
1.7.1 (aHvlI). If at any time dUring the term of thiS Agreement,
the State does not require reporting of community benefits for non-profit Catholic
hospitals and all non-profit hospitals, then Saint John's minimum level of
commUnity benefit shall be established on an annual basIs In the manner provided
by thiS Section 1.7.1 (a)(vil) unless Saint John's has been involved m a sale or
transfer subject to Corporations Code Section 5914 et seq. In which case
1 .7.1 (a)(vlII) shall apply:
- - the minImum level of community benefIt shall be equIvalent to at
least 100 percent of Saint John's tax exempt benefits. The methodology for
establishing the value of Samt John's tax exempt benefits shall be mutually agreed
to by Samt John's and the City.
1.7.1 (a){vlII) If at any time dUring the term of this
Agreement, the State does not require reporting of community benefits for non-
profit Catholic hospitals and alt non-profit hospitals and Section 1.7.1 (a)(vii) does
not apply, then Samt John's mmlmum level of communIty benefit shall be
4
equivalent to the level of community benefit which Saint John's last reported to the
City utilizing the criteria established In Section 1.7.1 (aHv) or the average benefit
level over the prevIous five years, whichever IS higher. This minimum level of
services shall be subject to an adjustment of three percent (3%) compounded
annually. The reqUirements of this Section 1.7.1 (a)(viii) shall not apply If the
California Attorney General has established a charitable trust pursuant to
Corporations Code Section 5914 et sea which ensures an eqUivalent level of
community benefit as would otherWise be established by this Section 1.7.1 (a)(viiJ).
1 7 1 (a) (Ix) Within 60 days of the effective date of the
Agreement and throughout the term of the Agreement, Saint John's shall appoint
and convene an Advisory Committee which Includes, at a minimUm, representatives
from the City of Santa Momca, the Santa Monlca/Mallbu UnifIed School District,
and non-profit human service provIders funded by the City This Committee shall
be advisory In nature and assist Saint John's during the community needs
assessment and prioritizatIOn process, In the development of the reqUired
Community Benefit Plan, and ongorng monltorrng of the Plan's implementation.
1 .7.1 (b) Santa Monica Communltv Access Plan
1.7.1 (b)(l) The Commumty Benefit Plan shall include a
"Santa Monica Community Access Plan" that clearly identifies the recipient
agencies, the dollar value, and the quantified level of service for the followmg
categories.
5
Proposed in-kind and cash support to local non-profit agencies that
serve Santa MOnica residents;
Proposed in-kind and cash support to the Santa MOnlca Mahbu Unified
School District;
Proposed charitable medical and mental health services provided by
Saint John's directly to patients that are chents of and directly
referred by local non-profit organizations;
Proposed chantable medical and mental health services provided by
Sarnt John's directly to patients that are students and directly referred
by the Santa MOnica Mallbu Unified School District;
Proposed free communrty services available to the general Santa
Monrca communrty that promote health education and preventative
health services.
1.7.1 (b)(lI) Saint John's shall submit the proposed
"Santa Monrca Communrty Access Plan" to the City Manager for his/her approval
prior to its inclusion in the Community Benefit Plan. The City shall give its
approval after enSUring that the minimum level of service has been maintained as
established in Section 1.7.1 (b)(III).
1.7 1 (b)(lIl) The annual minimum level of services as
described in the "Santa Monica Community Access Plan shall be equivalent to the
dollar value of these services prOVided by Saint John's In 1997, which has been
established at $618,000. ThiS minimum level of servIces shall be subject to an
6
annual adjustment of three percent (3%), compounded annually, with the first
annual adjustment occurring on June 1, 1999. For purposes of calculating the
minimum level of services provided pursuant to thiS Section 1.7.1 (b), Saint John's
shall not include costs that Saint John's Incurred or the dollar value of services
that Saint John's provided In meeting the reqUirements of SectIon 1.8 of this
Agreement.
1.7.1 (b)(lv) Saint John's shall submit to the City an
annual report on the status of Implementing the "Santa MOnica Community Access
Plan" which shall Include the name of each organization supported, the type of
services or programming proVided, the dollar value of serVices, and the number
and characteristics of IndiViduals served for each organization. ThiS report shall be
submitted concurrently With the Community Benefit Plan.
1.7 1 (c) MInimum levels of SUCDort
In evaluating compliance With any specified annual
minimum level of community benefit reqUired by thiS Agreement, the minimum
level may be averaged over a period of years as follows'
1) On a 3-year average baSIS for the first three years, beginning With
the effective date of the first Community Benefit Plan.
2) On a 4-year average baSIS for the first four years, beginning with
the effective date of the first Community Benefit Plan.
3) On a 5-year average baSIS for the first five years, beginning With
7
the effective date of the first Community Benefit Plan.
4) On a 5-year average basIs of the Immediately preceding 5 years
(Le., on a rolling average), for each year thereafter.
1 .7.2 Phase Two of the Aareement
1.7.2(a) Samt John's shall submit to the City Council an
amended Santa MOnica Community Access Plan concurrently with the submittal of
its South Campus Master Plan application to the Plannmg Commission.
1.7.2(b) In addition to the requirements of Section 1.7.1 (b),
thiS plan shall ensure that a reasonable number of Santa Monica reSidents who are
unable to afford fees and memberships will have access to Phase II's community-
oriented faCIlities, including but not limited to, the education and conference
center, health and wellness facility and the overnight accommodations.
1.7.2(c) The Planning Commission shall not approve the South
Campus Master Plan until an acceptable amended Santa MOnica Community
Access Plan IS approved by the City Council
8
Ll-l-ct~
?~a_~O ~ ~ ~
~~~
G_,.4-- ~
;.
3.14 ~eplacement Housina.
3.14.1
If saint John's demolishes or converts to
non-resident1al use the ten residential rental dwelling units
currently located at 1417-1423 Twenty First Street ("Existing
Units"), then Saint John's will be obligated to replace those
units. Saint John's may satisfy this replacement housing
ob11gation by either: (a) building ten new residential unlts on
the South Campus (nOn-Site Replacement Unitsl1), or (b) building
ten new resldent1al units with1n 2,000 feet of the Campus
Property ("Off-Site Replacement Units!1). Balnt John's shall have
the discretion to choose one of these two methods of satisfYlng
this obllgatlon.
3.14.2
Salut John's development of Senlor Housing,
Assisted Livlng, or Multi-Famlly Rental Houslng before the Phase
Two Vestlng Deadline shall constltute replacement residentlal
units for purposes of this requirement, so long as at least ten
such unlts ("Replacement Units") are constructed.
tv t~ <'-'J
'\.a- ~ '
.
3.14.3
Saint John's shall have no obligation to
construct any Replacement Unlts if saint John1s elects to retain
the EXlstlng Units.
3.14.4
If Salnt John's builds On-Site Replacement
Units, then at least two of the ten On-Site Replacement Units
shall be affordable to low-lncome households (IIAffordable
Unitsl!). If Saint John's builds Off-Site Replacement Units, then
all ten of the Off-Slte Replacement Units shall be Affordable
Unlts. For purposes of this Section 3.14.3, a low-income
household shall be defined as eighty percent (80%) of the median
income of an indivldual or famlly ln the Los Angeles-Long Beach
Standard Metropolltan Statlstlcal Area as determined by the
U.S. Department of Houslng and Urban Development.
3.14.5
If SalTIt John's constructs new Multl-Famlly
Rental Houslng on the South Campus, then any Replacement Unlts
which are Multl-Famlly Rental Housing shall not be lncluded when
calculatlng the Floor Area for the South Campus pursuant to
SectloD 3.7.3(b) or the Floor Area for Phase Two pursuant to
Sectlon 3.4.1.
-2-
l
3.14.6
In the event Salnt John1s elects to construct
Off-Site Replacement Units, then the number of residential units
required to be constructed by Salnt John's as Replacement Units
shall be increased by the number of existing units present on the
off-site location at the time Saint John's files an applicatlon
with Clty Plannlng for approval of such Replacement Unlts
("Additional Existing Units"). The number of Affordable Units
shall be lncreased by the number of Additional Existing Units
which are then affordable to lOW-lncome households.
3.14.7
This Section 3.14 shall not apply ln the
event Saint John's obtalns a removal permlt from the Rent Control
Board. In such event, the terms and conditions of such removal
permlt shall apply in lleu of the terms and condltlons set forth
In thlS Sectlon 3.14
8MMEMC30Z.1269
-3 -