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CouncIl Mtg March 24, 1998
Santa Monica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Ordinance for Introduction and First Readmg Approving Development
Agreement 96-001, Certification of Final Environmental Impact Report 96-
001 and Adoption of a Statement of Overnd Ing 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 Development Agreement language In response to the City
CouncIl's request at the March 18'" CounCil meetmg In addition. thiS report prOVides
reVised Development Agreement language to address a number of technical Issues
Identified since the CounCil meeting Finally, Attachment A proVides staff's proposed
Development Agreement language for Samt John's Community Benefit Plan and Child
Care Program
At the CounCil's direction. staff has also researched trends regardmg the conversion of
non-profit hospitals to for-profit institutions Staff has found that, between 1980 and 1990.
110 non-profit hospitals nationWide converted to for-profit status ThiS number represents
4% of all non-profit hospitals Additionally. In 1995 alone, 60 non-profit hospital became
for-profit health care institutions ThiS IS twice the number of conversions that occurred In
SU,~t~ ~porr
~ B 3~2J.f-q8
1994
CITY COUNCIL REQUESTED DEVELOPMENT AGREEMENT MODIFICATIONS
· Exhibit K, Phase One Condition 31
31 A public mformatlon program shall be established by Samt John's concernmg 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 of the Phase One 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 I n 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 construction, Samt John's shall
submit the publiC information program to the Planning Director for revIew and
approval
· Exhibit K, new Phase One Condition 56
56. 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 engineerto 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 measures
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.
2
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57.
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58.
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15
Exhibit K, new Phase One Condition 57
The City may require Saint John's to install construction fencing ata height
which exceeds the height otherwise allowed by the Zoning Ordinance.
Exhibit K. Phase One Condition 58
Prior to commencement of Phase One construction, Saint John's will
submit to the 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 will include 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.
Exhibit K. Phase One Sustamable Cities ConditIon 15
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services m 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 recycli ng, and the
cost effectiveness of the various recyclable waste streams and programs.
Information shall be 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
· Exhibit K. Phase One Sustamable Cities Condition 17
17 Prior to Issuance of a Technical City Permit for the construction of any bUilding
or parkmg structure over which the City has permitting authority In Phase One.
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 overthe life of the bUilding or parking structure
above the requirements of Title 24 of the California Code of Regulations, to the
"'
,j
extent such Increase can be Implemented on a cost-effective basIs measured
over the life cycle of the bUlldmg or parking structure The provIsions of thiS
mitigation shall not apply Hospital BUildings 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 of these
buildings to identify all feasible energy efficiency opportunities for the
project.
· Exhibit K, new Phase One 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.
· Exhibit K, Phase One Condition 43
43 In order to enhance the pedestrian activity In 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 and sale of non-
alcoholic beverages.
· Exhibit K, new Phase One Condition 46 and re-number the "MonitOring of
Conditions" requirement as Condition 47
46. Hours for public access to the North Lawn shall at a minimum be
consistent with the public access hours for City Parks.
4
· Exhibit K. Phase Two Condition 60
60 A public information program shall be established by Saint John's concernmg the
Impending construction activities dUring Phase Two This program may Include
media coverage. portable message signs and informational signs at the Job site
This program will include periodic bulletins to neighbors residing within a
five hundred foot radius of the 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
· Exhibit K, Phase Two, modify the first "bullet" pOint on page K-39
. 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 environmental consequences of decisions relative to recycling, and
the cost effectiveness of the various recyclable waste streams and
programs. Information shall be proVided to reSidents and employees of
Phase Two bUildings about the recycling services In the area Buy-back
centers and possible markets for recyclables In the area shall be IdentIfIed
Recyclmg of glass, metal, paper, cardboard and other materials, to the
maximum extent feasible, shall also be suggested to any sublessees In the
PrOject
· Exhibit K. Phase Two. modify the third "bullet" pOint 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
5
that the design of the proposed bUlldmg or parking structure will result In a
minimum ten percent (10%) energy efficiency Increase over the life of the
bUlldmg or parking 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 ofthls mItigation shall not apply
to Hv5pitCi: 8ui:diiigS 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.
· Exhibit K, Phase Two Sustainable Cities Condition, add a new "bullet" pomt to
the end of the list on page K-39
· Saint John's shall cooperate with the City in evaluating energy supplies
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, 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 Impact of
energy generation and procurement decisions.
6
TECHNICAL REVISIONS TO DEVELOPMENT AGREEMENT
The following Development Agreement Sections are proposed for modification
1- ~ 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 rights, except upon expiration of Samt John's vested
rights pursuant to Sections 2 3 4 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"), conSlstmg of one separate ambulance entrance
driveway, and an entry/exit driveway that will accommodate entry by non-
ambulance vehicles and eXit by all vehicles The Emergency Access will contam
a mmlmum of fifteen (15) parkmg spaces (mcludmg 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 Arizona 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 Maintenance FaCility shall be demolished and removed
and (b) the New Central Plant. and Loading Dock and Service Building shall be
constructed
4 24 2(d) DUring the first stage, a temporary entrance and eXit to and from Santa
MOnica Boulevard and the Inpatient SUites and the D&T Center may be constructed
by Samt John's ("Temporary Access") The Temporary Access shall proVide access
to the Inpatient SUites and the D& T Center until the Entry Plaza IS constructed In 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 Ime of the west SIde of Twenty-Third
Street The Temporary Access shall be removed by Samt John's In accordance
With Section 244 (d) Additionally, dUring the first stage Samt John's may construct
an enclosed passageway ("Temporary Connection"), which shall proVide a covered
walkway to connect the SOuth East WIng and the Inpatient 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 In order to faCilitate the
contmued operations of Samt John's dUring the construction of the Phase One
buildings and Improvements The Temporary Connection shall not exceed more
7
than a height of forty (40) feet and a width of eighteen (18) feet
5 25 1(a) The Inpatient SUites. D&T/Outpatlent, MRI Facility 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 In Exhibit "G" to thiS
Agreement (collectively, "Hospital/Health Care"), and (II) accessory uses which are
determined by the Planning Director to be necessary and customarily associated
with, Hospital/Health Care uses. and which are not more disturbing or disruptive
than such authorized uses
6 2 6 1 (a) The EXlstmg Site Map Identifies an area of the Campus Property as the
"Exlstlng North Lawn", which IS located along portions of Arizona Avenue and
Twentieth Street Prior to the destruction of the North Wing, the EXisting North
Lawn consisted of approximately forty-one thousand three hundred (41,300) square
feet The EXisting North Lawn area shall be i6configi...ii6d Cind iiii~io;;6d removed
and replaced with the new North Lawn ('North Lawn') as a part of Phase One
of the Project DraWing '0-1' of the Project Site Plan delineates the Feconflgured
location 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 Intenor edge of the
sidewalk to the exterior 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 In order to screen the Loading Dock and any
mechanical equipment, cooling towers and oxygen tanks The height of such
screen wall shall be a maXiiliuili minimum of twenty-one (21) feet measured from
EXIsting Grade A four (4) foot wide landscape area shall be located along the
screen wall faCing Anzona Avenue ThiS landscape area shall be planted prior to
use of the Service Area m compliance with the plans approved by the ARB Once
planted. thiS landscape area shall be maintained for the term of the Agreement
8 Section 3 6 1 Prior to, or concurrent With, the filing by Saint John's of a
Development ReView Application for the first bUilding or Improvement In the Project
which It proposes to develop on the South Campus, Saint John's shall submit to the
Planning 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)
bUIlding placement. (b) BUilding Height for all bUIldings. (c) setbacks forall buildings,
(d) stepbacks for all bUildings. (e) parkmg (both subterranean and above-grade), (f)
location of uses. (g) vehicular and pedestrian Circulation and (h) open space and (I)
8
phasing and timing of improvements (collectively, the .'Master Plan Elements")
The proposed Master Plan shall also designate the EXisting BUildings and EXisting
Parking Lots on the South Campus that shall be subject to demolition and removal
In order to allow for the development of the new bUildings and Improvements In 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 Induded The Master
Plan submitted by Saint John's to the Planning 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 prior to approval by the City of the Master Plan In accordance With thiS
Section 3 6 No master plan shall be reqUired for the Phase Two bUildings located
on the North Campus
9 Section 392 (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 DiicctOi Commission (or Planning
COrTiiiii55iOii City Council on appeal) shall approve a reduction In the parking
spaces that would otherwise be required pursuant to Section 39 1 If and to the
extent the Planning Diiectoi Commission (or Planning Commission City Council
on appeal) reasonably determine that the Parking Study. together With other
credible Information presented to the Planning DiicctOi Commission (or Plannmg
Commi55ioii City Council 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 3 9 1 In reviewing a Parking Reduction
ApplicatIon, the Planning Diiectoi Commission (or P:aiiiiiii9 Commi55ioii City
Council on appeal) shall also consider the extent to which the Parking Study
demonstrates either a defiCit or surplus of parking for eXisting Phase Two bUildings
10 Section 396 In the event that Saint John's satisfies all or any portion of Its
obligations under thiS Section 3 8 to provide the parking spaces reqUired for a
particular bUilding In Phase Two which IS located on one or more Parcels on the
Campus Property through the proVIsion of parking spaces which are located, In
whole or In part, on one or more different Parcels on the Campus Property ("Subject
Spaces"). Saint 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 bUilding (a) dUring the Teim of thiS Agiccmciit life ofthe 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
11 Exhibit H 2 1 Pedestrian Access
9
2 1 Pedestrian Access. Pedestrian access to the Phase One bUildings on the North
Campus Will occur at four five locatIons
add 2.1.5: From 23fd Street to the Entry Plaza
12 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 mgress 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 iilgi~SS egress driveway of the Entry Plaza
on Santa MOnica Boulevard The City Will process such a request m accordance With ItS
procedures then In effect The City retams dIscretion to approve. conditionally approve or
deny any such request In the event that the City approves the additional Signal, Saint
John's shall pay for the costs associated With the installation of the additional Signal
13 Exhibit K, Neighborhood Effects, p 7
24 The Emergency Access shall consist of one separate ambulance entrance
dnveway, and an entry/exit dnveway that Will accommodate entry by non-ambulance
vehicles and eXi5tiiig exiting by all vehicles The Emergency Access Will contain
a minimum of fifteen parking spaces (Including handIcapped parking) In addition.
the Emergency Access Will contam 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
:ovv screen wall a minimum of 3 feet In height and a maximum of up to 8 feet as
determined by the Director of Planning
14 Exhibit K, SpeCial Conditions p 23
40 The Arizona Avenue ServIce Area screen wall shall be a maXimum minimum
of 21 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 pnor to use of the Service Area Once planted. thIS landscape area shall
be maintained for the term of the Development Agreement
10
Attachments A
Development Agreement Section 1 7 and 1 8 Regarding Samt John's
Community Benefit Plan and Saint John's Child Care Program
11
ATTACHMENT A
1.7 Saint John'$ Community Benefit Plan
Dunng 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 plan that IS
responsive to community needs. Saint John's commumty benefit plan shall be
established and maintained in accordance with the following requirements:
1.7.1 Phase I of the Agreement
1.7.1 (a) General Communltv Benefit Plan ReaUlrements
1.7.1 (a)(l) Wlthm 12 months of the effective date of the
Development Agreement and every 5 years thereafter, Saint John's shall adopt
and Implement a written "Community BenefIt Plan" to gUide Saint John's allocation
of resources in support of the health and well-being of the Santa MOnica
community and Its residents.
1.7.1 (a)(lI) The "Community Benefit Plan" shall Include
all program components reqUired by SB697, any successor legislation, or
administrative regulations adopted thereto The Community Benefit Plan shall also
assess, Without limitation, the health care needs of the follOWing: children,
including students attending Santa Monica public schools; the Indigent, uninsured
and under-Insured; seniors and persons With disabilities; women; the homeless.
1.7.1 (a)(llI) Saint John's shall maintain a minimum level
of overall community benefit programming that places Saint John's In the upper
quartile of all non-profit hospitals reporting to the State of California under 56697,
or any successor legislation, unless the State has enacted community benefit
measurement gUldelmes for establishing an acceptable mmimum level or levels of
community benefit programs for hospitals reporting under 58 697 or successor
legislation thereto. If the State has enacted these gUidelines, then Saint John's
shall comply with these guidelines.
1.7.1 (aHlv) If at any time dUring the term of this
Development Agreement, the State does not require reporting of community
benefit programming for non-profit hospitals or does not rank non-profit hospitals
based on the overall community benefit programming provided by these hospitals,
Samt John's community benefit programming shall be established at a minimum
level of $12 million, which IS equivalent to the value of Saint John's 1997
community benefit programming which it reported to the State pursuant to S8
697. This minimum level of community benefit programming shall be adjusted for
inflation from the effective date of thiS Agreement based on the medical care
services component within the Consumer Price Index ("C.P.1. ").
1.7.1 (a)(v) Within 90 days of the effective date of the
Development Agreement, Saint John's shall appoint and convene an Advisory
Committee which Includes, at a minimUm, representatives from the City of Santa
Monica, the Santa MOnlca/Mahbu 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 development of the reqUired "Community
Benefit Plan.
1.7.1 (b) Santa MonIca Communrty Access Plan
1.7.1(b)(l) The Community Benefit Plan shall Include a
"Santa MOnica Community Access Plan n that clearly Identifies the recipient
agencies. the dollar value, and the quantified level of service for the following
categories:
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 MOnica Mallbu Unified
School District;
Proposed charitable medical and mental health services provided by
Satnt John's directly to patients that are clients of and directly
referred by local non-profIt organizations;
Proposed charitable medical and mental health services provided by
Saint John's directly to patients that are students and directly referred
by the Santa Monica Mallbu Unified School District;
Proposed free community services avaIlable to the general Santa
Monica community that promote health education and preventative
health services.
1.7.1 (b)(u) Saint John's shall submit the proposed
"Santa MOnica Community 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 ensunng that the minimum level of service has been maintained as
established In Section 1.7.1 (b)llll).
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
annual adjustment based on the medical care services component within the
Consumer Price Index ("C.P.1. ")
1.7.1 (b) (Iv) Saint John's shall submit an annual report to
the City 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. The report shall be
submitted within 60 days of the completion of each 12-month reporting period.
1.7.1 (b)(v) Concurrent with Its submittal of Its annual
Community Access Plan status report pursuant to 1.7.1 (b)(lv), Saint John's shall
also submit a report to the City detailing the total dollar value of community
services that Saint John's reported to the State for the reporting period pursuant
to 58 697. or any successor legislation
1.7.1 (c) Minimum Levels of Support
In evaluating compliance with any specified annual
minimum level pursuant to this provIsion of the Development Agreement, the
minimum level may be averaged over a five-year period. beginning with the
effective date of the first "Community Benefit Plan."
1 . 7.2 Phase 2 of the Agreement
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 Phase II Master Plan application to the Planning Commission.
1.7.2(b) In addition to the requirements of Section 1.7.1(b),
this plan shall ensure that Santa Monica residents who are unable to afford fees
and memberships Will have access to Phase 11'5 communlty-onented 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 Phase
II Master Plan until an acceptable amended Santa MOnica Community Access Plan
IS approved by the City Council.
1.8 Saint John'~ Child Care Program
DUring the entire term of this Agreement, Saint John's shall provide a
Child Care Program In accordance with the following reqUirements:
1.8.1 Phase 1 of the Agreement
1.8.1 (a) Program Caoacltv
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 (nrequired level of service") or Its equivalent.
1.8.1 (aHii) 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 infant/toddler spaces are equivalent to 14 full-day pre-
school spaces, or as calculated based on State chlldcare licensing
requirements (per square footage per slot).
1.8.1 (a)(lII) Within the required level of service, Saint
John's shall provide 8 full-day infant/toddler spaces. Saint John's shall be
responsible for making the necessary physical modifications to its chlldcare
faCIlities to accommodate infants and toddlers, pursuant to State chlldcare
licensing requirements.
1.8.1 (b) Proaram Ooeratlons
1.8.1 (b)(l) With the exception of the therapeutic pre-
school program, the Child Care Program shall offer full-day programming for all
remaining spaces. Current part-time preschool spaces shall be converted to fuH-
day spaces through attrition.
1.8.1 (b)(lI) The minimum full day program shall be 11
hours per day, five days per week. Samt John's shall consider the coverage
needs of its employees when establlshmg hours of operation.
1.8.1 (b)(lII) Samt John's child care program shall
operate at a mmimum annual capacity of 85%, based on an average occupancy
rate for each 1 2-month period.
1.8.1 (b}{Iv) Samt John's child care program shall meet
all State child care and early education rules and regulations. In addition, Samt
John's 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) Proaram Service Priorities
For any available space, priority shall be given to: (1) children
of Saint John's employees desIring full-time childcare, (2) children of SaInt 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
childcare, and (4) children of those working In Santa Monica desIring full-time
care.
1.8.1 (d) Community Access and Affordabllltv
1.8.1 (d)(I) Saint John's shall conduct ongoing outreach
to inform employees and the community about the hospital's child care program.
1.8.1 (dHii) Saint John's shall maintain a waIting list for
those Interested In enrolling children In the child care program.
1.8.1 (dHiii) To ensure that Chlldcare spaces are
accessible to lower Income employees and community members, Saint John's shall
establish a 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 shall be
awarded based upon need uSing a sliding fee scale. The total scholarship amount
shall increase annually according to any percentage Increase In program fees
instituted for that year.
1.8.1 (dHiv) Saint John's shall cover the following costs
and shall not pass through these costs to parents through program fees or to an
outside operator, In the event Saint John's chooses to operate the chlldcare
program through a contractor: facIlity rent, facIlity maintenance, linen service,
children's meals, and administrative indirect costs.
1.8.1 (e) Employee Wages and Benefits
Saint John's, or any contractor retained to provide the
required chlldcare serVices, shall provide ItS child care employees WIth wage and
benefit compensation that IS commensurate with comparable pOSitions of the
Santa Monica Mallbu Unified School District.
1.8.1 (f) Child Care Implementation Plan
1.8.1 (f)(l) Samt John's shall submit a ChIld Care
Implementation Plan to ensure compliance with the above requirements within six
months of the effective date of the Development 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.
1.8.1.(f)(lII) The Child Care Program must be operational
within 12 months of the Development Agreement 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} Annl)al Report
1.8.1 (g)(I) At the completion of the first 12-month penod
of operation of the required child care program and for each 12-month penod
throughout the term of this Agreement, Saint John's shall submIt an annual report
to the City specifymg: 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 total dollar amount
expended from the ScholarshIp Fund; 4) the number children of Saint John's
employees served and the number using (a) part-day and (b) full-day schedules; 51
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-kind
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; 81 the salary schedule for Saint John's employees (or contractor's
employees) working in the childcare program; and 91 significant trends or program
changes.
1.8.1 (g)(lI) The annual report shall be submitted to the
City within sixty days of the end of the reporting penod. The City shall review the
report and respond to any requested program changes within sixty days of the
submittal pursuant to Section 1.8.1 (h).
1.8.1 (h) Proaram Changes
1.8.1 (h)(l) Saint John's may Include, in the annual
report, requests to make modifications to the reqUired childcare program based on
changing chlldcare needs and demand for services. Such requests shall be
accompanied by full documentation on the changing chlldcare needs and demand
for services that led to the request.
1.8.1 (h)(lI) The City Manager, or his/her designee, shall
review and approve, at hIs/her sole discretion, proposed program changes based
on the follOWing crltena: 11 the proposal WIll address an unmet chlldcare need for
Saint John's employees and/or Santa MOnica residents, 21 the proposal does not
result in a gap In chlldcare services for infants and toddlers In the community, 31
the proposal does not supplant currently utilized community chlldcare resources,
41 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 (al.
1.8.2 Phase 2 of the Aareement
1.8.2(a) Proaram Caoacltv
Pursuant to the requirements of this Section 1.8.2, Saint
John's shall provide an expanded chlldcare program to address childcare needs
generated by Phase II (North and South Campus) of thIs Development Agreement.
1.8.2(b) Proaram Ooeratlons
1.8.2(b)(l} Samt John's Phase II childcare program may
be provided on or off the Saint John's campus; however it may not supplant
currently utilized community chlldcare resources.
1.8.2(b){lI) The program shall meet all applicable State
childcare and early education rules and regulations and shall be In compliance 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.
1.8.2(bHiii) 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 ExoanSlon
Saint John's shall consider Implementing programs that
address specIal child care needs, such as care dunng evenings or non-tradItional
child care hours; sick child care and any other identified need.
1.8.2(d) Community Acce$s and Affordabllltv
1.8.2{d)(I) Saint John's Phase II chlldcare program shall
be broadly advertised through a comprehensive community outreach program to
ItS employees and community members.
1.8.2{d){lI) Saint John's expanded childcare program
shall Include a fee/scholarship structure that provides access by lower-Income
employees and lower-income Santa Monica residents.
1.8.2(e) Child Care Implementation Plan
1.8.2(e)(i) Prior to submitting the Phase II Master Plan to
the CIty, Samt John's shall retain a child care consultant With expertise In
employer-related child care to conduct a study of projected childcare needs
generated by Phase II facilities and uses and to develop recommendations on the
best facIlity and program deSign for the Phase II chlldcare program.
1.8.2{e)(li) 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.
1.8.2(e){lIl) Based on the results of the study, Saint
John's shall submit to the City a proposed Phase II Child Care Implementation Plan
and Schedule With ItS Phase II Master Plan for the South Campus. The Phase II
Child Care Implementation Plan shall include, but not be limited to, the following:
results of the reqUIred chlldcare needs study, Including employee and
community childcare demand,
scope of the Phase )I childcare 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 community 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 onsite center-based faCIlitIes, the square footage
and locatIon Within the Phase II Master Plan project area. For off-site
faCilIties, Include a description of facilities to be used or developed
and how their use will not supplant currently utIlized chlldcare
resources.
proposed service pnontles consistent With the requirements of this
Development Agreement.
Implementation schedule (including any proposed phaSing plan for
chlldcare services]
1.8.2(e)(lv) The City Council shall review the proposed
Child Care Implementation Plan. The Council's revIew shall include, but not be
limited to, the extent to which: 1) the proposed program addresses the projected
demand for chlldcare generated by all Phase II 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 chlldcare resources, 6) the proposed implementation
schedule is consistent with the Implementation of Phase II Master Plan.
1.8.2(e)(v) The Planning Commission shall not approve
the Phase II Master Plan until an acceptable Child Care Implementation Plan is
approved by the City Council.
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