O2364CA:flatty\muni\laws\barry\Saint John's DA Ordinance 07-12-11
City Couricil Meeting 07-12-11 Santa Monica, California
ORDINANCE NUMBER 2364 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SANTA MONICA, A MUNICIPAL
CORPORATION AND SISTERS OF CHARITY OF LEAVENWORTH HEALTH
SYSTEM, INC, A KANSAS NON-PROFIT CORPORATION, AS SOLE
CORPORATE MEMBER OF SAINT JOHN'S HOSPITAL AND HEALTH CENTER,
A CALIFORNIA NON-PROFIT CORPORATION
WHEREAS, on or about June 9, 1998, Saint John's and the City entered into a
Development Agreement, recorded in the Official Records of the County of Los
Angeles, State of California on July 29, 1998 as Instrument No. 98-1311808 (the
"Development Agreement"), pertaining to the construction of certain improvements on
certain real property owned by Saint John's in the City; and
WHEREAS, on September 20, 2007, Saint John's filed an application to
amend the Development Agreement ("First Amendment"); and
WHEREAS, the FirstAmendmenttothe Development Agreement would in-lieu
of constructing an on-site parking structure and the Entry Plaza as proposed by the
Development Agreement, authorize a modified Entry Plaza and parking program to
ensure that the peak parking demand of Saint John Health Center's various-user
groups is met and to ensure that parking that is functionally equivalent to the
previously-approved North Subterranean Parking Garage is provided; and
WHEREAS, the modified parking program would consist of the following key
components: [1 ]approximately 1,540 parking spaces on Saint John's property and at
leased, off-site facilities; [2] provide afull-service parking valet at the hospital's main
entrance on Santa Monica Boulevard for visitors, patients, and physicians; [3) provide
a modified Entry Plaza at the hospital's main entrance on Santa Monica Boulevard;
and [4] implement a new Transportation Demand Management Program to reduce
vehicle trips to the facility, among other modifications; and
WHEREAS, the FirstAmendment to the Development Agreement isconsistent
with the General Plan, as summarized below, and as detailed in the accompanying
City Couhcil staff report prepared for this proposed project and the exhibits thereto,
including, but not limited to:
"Accommodate the continued operation and planned responsible expansion of
Saint John's and SM-UCLA, and associated medical office uses." (LUCE
Healthcare District Policy 28.1, p. 2.6-49).
"Allow for the continued improvement of the Healthcare District and ongoing
responsible expansion of the Saint John's Health Center and Santa Monica-
UCLA Medical Center." (LUCE Healthcare District Goal D28, p. 2.6-49).
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"Utilize parking and TDM Districts to facilitate efficient use of parking
resources, shared and reduced parking opportunities, and trip reduction
goals." (LUCE Citywide Land Use Policy LU4.8, p. 2.1-14).
"Consider allowing developers to meet their minimum parking requirements via
shared parking between uses, payment of in-lieu fees, or off-site parking within
a reasonable walking distance." (LUCE Circulation Policy T26.7, p. 4.0-73).
"If the owners and operators of properties can demonstrate that they have
more parking than is actually necessary to meet the needs of their various
users (employees, visitors, etc.), consider developing parking efficiency
strategies that include leasing their surplus parking to help alleviate parking
shortages and avoid development of unnecessary parking." (LUCE Circulation
Policy T26.11, p. 4.0-73)
"Impose appropriate Transportation Demand Management (TDM)
requirements for new development." (LUCE Circulation Policy T19.2, p. 4.0-
63).
"Create incentives for existing employers, institutions and residential
neighborhoods to reduce theirvehicle trips." (LUCE Circulation Policy T19.3, p.
4.0-63).
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"Encourage a Transportation Demand Management District at the district level
to create and manage TDM programs to reduce vehicle trips for employees,
patients, and visitors to and within the district." (LUCE Healthcare District
Policy D29.6, p. 2.6-50).
"Encourage the development of a comfortable, landscaped pedestrian
environment including plazas and usable landscaped open spaces with all
major renovations to hospital facilities." (LUCE Healthcare District Policy,
D28.9, p.2.6-49).
Support the continued vitality of the City's hospitals to meet the healthcare
needs of the City and larger region, and implement strategies to reduce vehicle
trips." (LUCE Citywide Goal LU7, p.2.1-15).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The First Amendment to the Development Agreement attached
hereto as Exhibit 1 and incorporated herein by reference between the City of Santa
Monica, a municipal corporation, and the Sisters of Charity of Leavenworth Health
System, Inc., a Kansas non-profit corporation, as sole member of Saint John's
Hospital and Health Center, a California non-profit corporation is hereby approved.
The City Manager is authorized to execute the attached First Amendment to the
Development Agreement.
a
SECTION 2. Each and every term and condition of the FirstAmendmentto the
Development Agreement approved in Section 1 of this Ordinance shall be and is
made a part of the Santa Monica Municipal Code and any appendices thereto. The
City Council of the City of Santa Monica finds that public necessity, public
convenience, and general welfare require that any provision of the Santa Monica
Municipal Code or appendices thereto inconsistent with the provisions of this
Development Agreement, to the extent of such inconsistencies and no further, be
repealed or modified to that extent necessary to make fully effective the provisions of
this Development Agreement.
SECTION 3. Any provision ofthe Santa Monica Municipal Code orappendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
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SECTION 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This Ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
`~~ ~
MARSHA J S MOUTRIE ~
City Attorney
s
EXHIBIT 1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
Recordine Requested Bv:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
City Planning Division
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Senior Land Use Attorney
Space Above Line For Recorders Use
No Recording Fee Required
Government Code Section 27383
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
by and between
THE CITY OF SANTA MONICA,
a public body, corporate and politic
and
SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC.,
a Kansas non-profit corporation,
as sole member of
SAINT JOHN'S HOSPITAL AND HEALTH CENTER,
a California non-profit corporation
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First
Amendment"), dated for reference purposes , 2011, is entered into by and
between SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC, a Kansas
non-profit corporation, as sole corporate member of SAINT JOHN'S HOSPITAL AND
HEALTH CENTER, a Califomianon-profit corporation (``Saint John's"), and THE CITY OF
SANTA MONICA, a municipal corporation organized and existing pursuant to the laws of the
State of California and the Charter of the City of Santa Monica ("C~"), with reference to the
following facts:
The Development Agreement
A. Saint John's and City entered into that certain Development Agreement dated
June 9, 1998 and recorded in the Official Records of the County of Los Angeles, State of
Califomia on July 29, 1998 as Instrument No. 98-1311808 (the "Development Agreement")
pertaining to the construction of certain improvements referred to therein as the "Project" on
certain real property owned by Saint John's in the City of Santa Monicareferred to therein as the
``Campus Property." (All capitalized terms not defined in this First Amendment shall have the
meanings given those terms in the Development Agreement.)
B. Pursuant to the Development Agreement, the Project is to be developed in two
phases, with Phase One being developed entirely on the North Campus (i.e. north of Santa
Monica Boulevard) and Phase Two on a portion of the North Campus and on the South Campus
(i.e. south of Santa Monica Boulevard).
C. Phase One of the Project is to be developed in four stages described in Section 2.4
of the Development Agreement as the "preliminary stage," the "first stage," the "second stage,"
and the "third stage." Saint John's has completed the preliminary stage, the first stage, the
second stage, and portions of the third stage.
D. On October 24, 2007, the City's Director of Planning and Community
Development ("Planning Director") approved an extension of the deadline to complete
construction of the second stage of Phase One, which consists primarily of construction of the
D&T Center, until July 9, 2010. The D&T Center's construction was completed in August 2009
and occupied in January 2010 in accordance with the above-referenced extension.
E. Since completion of the D&T Center, Saint John's has proceeded with demolition
of the East Wing, West Wing, South Wing, Existing Plant, the MRI Facility, and the Temporary
Connection in accordance with Section 2.4.4(a) and (b) of the Development Agreement.
Demolition of these facilities is now complete.
F. The post-demolition work consisting of backfilling of the Entry Plaza site and
removal of the temporary shoring seismic south wall has been completed. The Entry Plaza and
the North Subterranean Parking Structure have not yet been constructed.
G. Since 1998, Saint John's has prepared and implemented City-approved interim
parking plans to ensure that Saint John's has sufficient pazking for its various user groups
(including employees, patients, visitors, students, and construction workers) in compliance with
that Pazagraph 42 of Exhibit "K" to the Development Agreement which is under the heading
"PHASE ONE MITIGATIONS AND STANDARD CONDITIONS". Since 2004, the interim
parking plans have included the leasing of parking spaces in the development now commonly
known as Yahoo! Center. Saint John's is currently implementing the Step Two Construction
Period Parking Plan prepared by Kaku Associates in June 2006 (the "Interim Parkin¢ Plan").
The Interim Parking Plan, which was approved by the City on June 3Q 2006, addresses the
parking needs of Saint John's various user groups. The Interim Parking Plan includes both
owned and leased parking resources. The Interim Parking Plan and its predecessor plans have
successfully met Saint John's parking needs on an interim basis during Phase One construction.
H. Section 2.3.4(a) of the Development Agreement establishes the Phase One
Vesting Deadline often (10) years following the Effective Date of the Development Agreement.
Saint John's and the City agree that, until extended by this First Amendment, the Phase One
Vesting Deadline was July 9, 2008.
The LUCE
I. The City's new Land Use and Circulation Element ("LUCE") of its General Plan
was adopted in July 2010. The LUCE's new approach to pazking is reflected in the following
LUCE policies:
(1) "Utilize parking and TDM Districts to facilitate efficient use of parking
resources, shared and reduced parking opportunities, and trip reduction goals." (LUCE Citywide
Land Use Policy LU4.8, p. 2.1-14)
(2) "The City plans to encourage parking efficiency strategies such as shared
parking (including sharing of existing parking), lowered parking requirements, and parking
pricing to reduce the demand for parking. Reducing parking demand can also encourage
alternatives to auto travel, promoting apedestrian-friendly urban landscape by reducing the
amount of urban space dedicated to parking." (LUCE Sustainability and Climate Change p. 3.1-
10)
(3) "Employees should not be encouraged to park in prime customer spaces or
in residential neighborhoods. Instead, each commercial area should have a tailored employee
parking strategy, taking advantage ofless-utilized facilities." (LUCE Circulation p. 4.0-70)
(4) "Adjust parking requirements for projects when it can be demonstrated
that a lower parking demand is appropriate." (LUCE Circulation Policy T26.4, p. 4.0-73)
(5) "Consider allowing developers to meet their minimum parking
requirements via shared parking between uses, payment of in-lieu fees, or off-site parking within
a reasonable walking distance." (LUCE Circulation Policy T26.7, p. 4.0-73)
(6) "If the owners and operators of properties can demonstrate that they have
more parking than is actually necessary to meet the needs of their various users (employees,
visitors, etc.), consider developing parking efficiency strategies that include leasing their surplus
parking to help alleviate parking shortages and avoid development of unnecessary parking."
(LUCE Circulation Policy T26.11, p. 4.0-73)
J. The LUCE's new approach to parking is also reflected in the following parking
policies specifically for the City's Healthcare District in which the Saint John's campus is
located:
(1) "Encourage a comprehensive parking district approach in order to
determine parking needs on a district-wide basis rather than aproject-by-project basis to take
advantage of the potential to share parking (including sharing of existing parking) and reduce the
total parking requirement: ' (LUCE Healthcare Policy D29.1, p. 2.6-50)
(2) "A shared parking program (including the sharing of existing surplus
parking with neighboring uses), along with a Transportation Demand Management program are
detailed in the updated Hospital Area Specific Plan to ensure substantial reduction in automobile
trips: ' (LUCE Land Use Policy And Designations p. 2.1-54)
(3) "A key component is the development of a comprehensive parking
program to identify shared parking strategies, such as allowing and encouraging properties with
existing surplus parking to lease excess parking to neighboring uses." (LUCE Healthcare p. 2.6-
48)
K. The LUCE indicates that the existing Hospital Area Specific Plan ("HASP") will
be updated to reflect the LUCE's policies, including those discussing shared parking programs
and transportation demand management.
Saint John's Development Agreement Amendment Application
L. On September 20, 2007, Saint John's filed with the City an application to amend
its Development Agreement with the City pursuant to Section 9.48.020 of the Santa Monica
Municipal Code. Saint John's subsequently amended this application ("DA Amendment
Application").
M. Saint John's has entered into a Parking License Agreement dated June 10,
2011with Standard Parking Corporation IL, a Delaware corporation (the ``Yahoo! Center
Parkine Lease") under which Saint John's has the right to use up to 450 parking spaces in the
subterranean parking garage constituting a portion of the development commonly known as
"Yahoo! Center" (the "Yahoo! Center Parking Garage"). The Yahoo! Center Parking Lease has
a term often (10) years ending on June 10, 2021 subject to certain cancellation rights in favor of
the parties, as set forth therein. The Yahoo! Center Parking Lease also provides that it will
automatically become void and be of no further force or effect if the City fails, by December 31,
2011, to approve a pending amendment to the Development Agreement applicable to Yahoo!
Center, or an equivalent to such amendment, under which the owner of Yahoo! Center is given
the right to lease spaces in the Yahoo! Center Parking Gazage to users who are not occupying
space in Yahoo! Center.
N. Saint John's DA Amendment Application proposes, among other things, the
following changes to the Development Agreement:
(1) Extend the Phase One Vesting Deadline to December 31, 2012 to allow
for the orderly completion of the Entry Plaza, Pedestrian Link, and the North Lawn and revise
the description of the Entry Plaza as set forth in Article 5 of this First Amendment.
(2) Supersede provisions in the Development Agreement relating to pazking
for Phase One, including construction of the North Subterranean Parking Garage.
(3) Ensure that Saint John's will continue to provide sufficient parking to
meet peak pazking demand for its various user groups, determined by Walker Pazking
Consultants in a report dated February 20, 2009 (the "Walker Study"), to be 1,196 upon
completion of the D&T Center and 1,306 in 2013, by maintaining and implementing a Parking
Management Plan ("PMP") that will be subject to ongoing City review and approval and, if
necessary, by constructing the North Subterranean Parking Gazage as set forth in Section
2.2(b)(5) hereof.
(4) Require Saint John's to maintain and implement a transportation demand
management plan ("TDM Plan") to reduce automobile trips to and from the Saint John's
campus, thus reducing the pazking demand associated with such trips.
Benefits of the First Amendment to Development Agreement
O. It is in the best interests of both the City and Saint John's to extend the vesting
deadline and modify provisions in the Development Agreement relating to Phase One parking,
including construction of the North Subterranean Parking Structure, in order to facilitate anarea-
wide approach to Saint John's parking as envisioned in the LUCE and to provide an opportunity
to coordinate Saint John's parking for Phases One and Two. Such a coordinated approach is
currently prevented by the Development Agreement, which effectively contemplates three
sepazate Saint John's parking structures along the north side of Santa Monica Boulevard,
including the North Subterranean Parking Structure and parking structures in Areas 2C and
2D/2E, as identified in the Development Agreement, each with its own vehicular ingress and
egress.
P. The City and Saint John's agree that modifying provisions in the Development
Agreement relating to Phase One pazking will also allow the City and Saint John's an
opportunity and sufficient time to explore an azea-wide approach to pazking in the City's
Healthcare District as part of the HASP update process as envisioned in the LUCE.
Q. Based upon a study of Saint John's parking supply reflected in the Current
Parking Management Plan attached hereto as Exhibit "L" (the "Current PMP") and demand
reflected in the Walker Study, the City and Saint John's agree that Saint John's will be able to
continue providing sufficient parking for its various user groups (including doctors, employees,
patients, visitors and others) in the foreseeable future through a combination of facilities owned
by Saint John's and leased by Saint John's, including the Yahoo! Center Parking Lease, without
building the North Subterranean Parking Structure. Saint John's practice of relying upon
existing underutilized parking resources, rather than constructing additional parking, is
encouraged by the LUCE's sustainability and shared parking policies.
R. As further set forth in Section 2 below, this First Amendment ensures that Saint
John's will continue providing sufficient parking to meet its parking needs by (i) providing a
functional equivalent of the North Subterranean Parking Structure through the Yahoo! Center
Parking Lease, (ii) requiring Saint John's to file an annual Parking Management Plan report with
the City demonstrating that Saint John's continues to have sufficient parking for its various user
groups, (iii) requiring Saint John's to modify its PMP to the extent necessary to remedy any
parking deficiencies, (iv) authorizing the City to require changes to Saint John's parking supply
and operations in the event the City reasonably deterrnines that Saint John's parking is
insufficient to meet Saint John's parking needs, and (v) authorizing the City to compel Saint
John's to construct the North Subterranean Parking Structure under the terms and conditions set
forth in this First Amendment.
S. As provided in Section 4 of this First Amendment, Saint John's will maintain and
implement a TDM Plan to reduce automobile trips to and from the Saint John's campus, thus
reducing the parking demand associated with such trips.
Development Agreement Amendment HearinE Process
T. The City's Planning Commission held a duly noticed public hearing on June 15,
2011 with respect to this First Amendment and recommended approval of this First Amendment
subject to certain modifications.
U. On June 28, 2011, the City Council of the City of Santa Monica held a duly
noticed public hearing on this First Amendment. Following completion of the hearing, the City
Council took the following actions:
(1) Approved the Addendum to Saint John's Final Environmental Impact
Report as meeting the requirements of the California Environmental Quality Act.
(2) Introduced for first reading Ordinance No. (CCS) approving
this First Amendment and authorizing its execution by the City Manager.
V
On July 12, 2011, the Council adopted on second reading Ordinance No.
(CCS).
W. In taking such action, the City Council has (a) specifically considered and
approved the impacts and benefits of the First Amendment and has concluded that this First
Amendment is consistent with the public health, safety and welfare needs of the residents of the
City and the surrounding region and appropriately promotes the goals, objectives and policies of
the General Plan including the LUCE, (b) determined that the City has complied with all
procedures required by the Development Agreement Statutes with respect to this First
Amendment, and (c) duly authorized the City to enter into and perform its obligations under this
First Amendment.
NOW THEREFORE, in consideration of the foregoing and the covenants and conditions
hereinafter set forth, the City and Saint John's hereby agree as follows:
1. Revised Phase One Vesting Deadline. Except as otherwise provided in Section 2
herein with respect to Phase One parking, the Phase One Vesting Deadline, to the extent it relates
to the third stage of Phase One, is hereby extended to December 31, 2012 ("Revised Phase One
Vestin¢ Deadline"). For any portion of such third stage that is under construction upon
expiration of the Revised Phase One Vesting Deadline, the Planning Director may, in his or her
sole and absolute discretion, grant one or more extensions of the Revised Phase One Vesting
Deadline for up to a maximum of two (2) additional years for completion of construction of such
portion upon a showing of good cause by Saint John's and upon such terms and conditions as the
Planning Director deems appropriate, provided Saint John's requests such an extension in
writing prior to the Revised Phase One Vesting Deadline.
2. Phase One Parking.
2.1 Modification of Development Agreement. All provisions in the
Development Agreement set forth in Section 2.9.1 relating to the North Subterranean Parking
Structure, are superseded by this First Amendment and the rights and obligations of Saint John's
with respect thereto shall be governed by this First Amendment, anything to the contrary in the
Development Agreement notwithstanding. Saint John's shall have no obligation to construct the
North Subterranean Parking Garage, or any other underground parking as a part of Phase One,
except as set forth in this Section 2.
2.2 Parking Management Plan. The purpose of the PMP, as required in this
First Amendment, is to ensure that Saint John's continues throughout the term of the
Development Agreement to provide sufficient parking to meet the peak parking demands of its
various user groups, and to ensure that Saint John's provides parking which is functionally
equivalent to the North Subterranean Parking Structure. The PMP is also intended to facilitate a
collaborative effort by Saint John's and the City to develop along-term Saint John's parking
plan that furthers the LUCE's approach to parking by developing and implementing area-wide
parking solutions, utilizing shared parking, and relying on transportation demand management as
a means of reducing Saint John's parking demand. Except as provided in Section 2.2(b)(6) of
this First Amendment, this Section 2 shall continue in effect for the term of the Development
Agreement. -
(a) Current Parking Management Plan. Saint John's shall continue to
maintain and implement the Current PMP which is attached hereto as Exhibit "L", subject to the
PMP's modification under Section 2.2(b) of this First Amendment. The City and Saint John's
agree that the Yahoo! Center Parking Lease constitutes the functional equivalent of the North
Subterranean Parking Structure during the period that the Yahoo! Center Parking Lease remains
in effect and that the PMP includes the following parking locations and spaces not contemplated
to remain in the Development Agreement: existing Lot C (58 spaces with valet operation); and
the Entry Plaza upon completion and an adjacent surface lot referred to in the PMP as the "West
Lot" (approximately 80 spaces).
(b) PMP Review Process and Key Components of Plan.
(1) Annual PMP Report. On or before February 28 of each
year, commencing with 2012, Saint John's shall file a PMP report with the Planning Director.
The PMP report shall contain the following information current as of December 31 of the prior
year:
(i) Saint John's overall parking supply, including a list
and map identifying the location of each parking facility and its distance from Saint John's main
campus, the number of spaces therein, those spaces available through use of attendant and valet
operations, and the system of management for each parking facility;
(ii) Copies of all new parking leases or modifications to
existing parking leases entered into since the most recent PMP report and an update on the status
of the Yahoo! Center Parking Lease;
(iii) Parking demand based upon updated population
counts in each of its user groups;
(iv), Tables setting forth parking demand and parking
supply data for each user group;
(v) A discussion of overall parking conditions and any
deficiencies, and measures Saint John's intends to implement to address these deficiencies;
(vi) Any changes Saint John's proposes to its PMP plan;
and
(vii) A copy of Saint John's most recent PMP.
Saint John's annual PMP report shall be processed in accordance
with Section 2.2(b)(4) of this First Amendment.
(2) Material Reduction In Saint John's Parking Supply.
(i) In addition to Saint John's obligation to file its
annual PMP report, Saint John's shall also
(A) provide the City, within fifteen (15) business
days of receipt, a copy of any notice received from the Parking Operator under the Yahoo!
Centei Parking Lease (or the other party to any lease for any other facility which is functionally
equivalent to the Yahoo! Center Parking Lease) pursuant to which the number of parking spaces
available to Saint John's or to any lessee or licensee which is not otherwise a tenant in any of the
Yahoo! Center buildings (or such other facility) will be reduced or the Yahoo! Center Parking
Lease (or such functionally equivalent lease) will be terminated;
(B) provide the City with a copy of any notice
given by Saint John's under the Yahoo! Center Parking Lease (or other functionally equivalent
lease) of any election by Saint John's to reduce the number of parking spaces leased thereunder
or terminate such lease, such copy to be provided to the City concurrently with the sending of
such notice to the other party;
(C) file a PMP report with the City in the event
Saint John's aggregate parking supply has been reduced, or will be reduced, below the parking
demand set forth on Saint John's most recent annual PMP report for any reason, including those
set forth in subsections (A) and (B) above. Such a PMP report shall be filed by Saint John's (x)
within thirty (30) days of receiving a notice described in subsection (A) above, (y) concurrently
with the notice referred to in subsection (B) above, or (z) thirty (30) days of otherwise learning
that a reduction in its parking supply has occurred or will occur; and
(D) file a PMP report with the City two years
and six months before the expiration of the specified term in the Yahoo! Center Parking Lease,
or any subsequent functional equivalent, in the absence of an approved Permanent PMP as
authorized in Section 2.2(b)(~ below.
(ii) A PMP report filed in accordance with Section
2.2(b)(2)(i) shall specify the number and location of the parking spaces lost or anticipated to be
lost, propose PMP revisions appropriate to restore such parking spaces so that sufficient spaces
to meet peak parking demand are maintained and, if applicable, identify any proposed functional
equivalent for any lost spaces in the Yahoo! Center Parking Lease or any previously approved
functional equivalent thereof pursuant to Section 2.2(b)(5) below. A PMP report filed in
accordance with Section 2.2(b)(2)(i) is not required to include the information required by
Sections 2.2(b)(1)(iii), (iv), (v), and (vii) of this First Amendment unless reasonably requested by
the Planning Director.
(iii) A PMP report filed in accordance with Section
2.2(b)(2)(i) shall be processed in accordance with Section 2.2(b)(4) of this First Amendment.
(3) Modifications To Parking Management Plan.
(i) Saint John's Request For Modification. Before
making any material change to its PMP under Sections 2.2(b)(1) or (2) above, Saint John's shall
file a written request with the Planning Director. Such a written request shall demonstrate that
the revised PMP will be equal or superior in its effectiveness at satisfying Saint7ohn's parking
needs in comparison to the PMP then in effect or is necessary due to changed conditions beyond
Saint John's reasonable control
(ii) Necessary Planning Approvals. The PMP
application shall be accompanied by such planning approval applications as are required by the
Santa Monica Municipal Code then in effect.
(4) City Review.
(i) The Planning Director will promptly review Saint
John's PMP report and any modifications proposed to its PMP under Section 2.2(b)(3) above. In
the event the Planning Director has objections to the PMP report or proposed PMP
modifications, then the Planning Director will notify Saint John's in writing of such objections
no later than sixty (60) days after receiving the PMP report; provided, however, that if the PMP
modification being proposed relates to a relocation of pazking to a lot or gazage owned or
operated by a person or entity other than Saint John's or any affiliate of Saint John's, the
Planning Director shall notify Saint John's in writing of any objection to the new location no
later than thirty (30) days after receiving the PMP report. In acting on a PMP modification
request, the Planning Director shall not require Saint John's to provide any more parking than is
reasonably necessary to meet its peak parking needs for Phase One taking into consideration
Saint John's TDM Plan (Exhibit "M") and all other relevant factors.
(ii) Except as provided in Section 2.2(b)(4)(vi) below;
if the Planning Director fails to give Saint John's timely written notice of his or her objections to
the PMP report in accordance with Section 2.2(b)(4)(i) above, Saint John's may submit a second
request for the Planning Director's review of the PMP report which conspicuously states: "THE
PLANNING DIRECTOR'S FAILURE TO NOTIFY SAINT JOHN'S IN WRITING OF ANY
OBJECTIONS TO THE PMP REPORT WITHIN FIFTEEN (15) DAYS SHALL BE DEEMED
TO CONSTITUTE APPROVAL OF THE PMP REPORT AND ALL MODIFICATIONS
SPECIFIED THEREIN" (a "Second PMP Notice"). If the Planning Director fails to give Saint
John's timely written notice of his or her objections to the PMP report within fifteen (1 S) days of
receipt of a Second PMP Notice, the Planning Director shall be deemed to have approved such
PMP report and the modifications set forth therein.
(iii) If the PMP report has not been either approved by
the Planning Director or deemed approved under Section 2.2(b)(4)(ii) above and the Planning
Director submits written notice to Saint John's of objections thereto, then Saint John's will
respond in writing to the City's notice within thirty (30) days of receiving such notice. Such
response shall address the Planning Director's concerns including, without limitation, making
revisions to its PMP.
(iv) If upon reviewing Saint John's written response
submitted in accordance with Section 2.2(b)(4)(iii) of this First Amendment, the Planning
Director reasonably determines that the parking supply which will be available to Saint John's
following implementation of the measures specified in the PMP report, as it may be amended in
Saint John's response under Section 2.2(b)(4)(iii), will be insufficient to satisfy Saint John's
parking demand, then within sixty (60) days of receipt of Saint John's written response, the
Planning Director shall provide Saint John's with written notice that a parking deficit exists.
Except as provided in Section 2.2(b)(4)(vi) below, if the Planning Director fails to provide such
notice to Saint John's within such sixty (60) day period, Saint John's shall be entitled to submit a
Second PMP Notice and, if the Planning Director fails to give Saint John's timely written notice
of his or her objections to the PMP report within fifteen (15) days of receipt of a Second PMP
Notice, the Planning Director shall be deemed to have approved such PMP report, as it may have
been amended in Saint John's response, and the modifications set forth therein. If the Planning
Director provides such written notice in a timely manner, then the City and Saint John's will
promptly meet and confer for a period not to exceed thirty (30) days commencing on the date
Saint John's receives the Planning Director's notice in an effort to develop a revised PMP that is
acceptable to both the Planning Director and Saint John's.
(v) Upon the conclusion of the meet and confer process
described in Section 2.2(b)(4)(iv) of this First Amendment, Saint John's shall submit to the City
a final revised PMP. If the Planning Director reasonably determines that such revised PMP will
not provide sufficient parking, the Planning Director shall so notify Saint John's in writing
specifying the reasons for such determination within thirty (30) days of Saint John's submission
of such revised PMP. Except as provided in Section 2.2(b)(4)(vi) below, should the Planning
Director fail to provide such written notice within such time, the Planning Director shall be
deemed to have approved the revised PMP. If the Planning Director does provide timely written
notice and Saint John's shall fail to further revise the PMP in a manner reasonably acceptable to
the Planning Director within thirty (30) days of receipt of such notice, such failure shall
constitute a Default under the Development Agreement.
(vi) To the extent a PMP report includes a substitution
in the location of parking for any of the spaces covered by the Yahoo! Center Parking Lease, or
any subsequent functional equivalent thereof, the Planning Director shall not be deemed to have
approved such substitution or be precluded from raising objections thereafter but Saint John's
shall be entitled to enter into a lease, license or other agreement relating to such substitute
location pending receipt of a written objection from the Planning Director without resulting in a
Default under the Development Agreement.
Parking Structure.
(5) Review of Functional Equivalent of North Subterranean
(i) If the PMP report submitted by Saint John's to the
City under this Section 2.2(b) was submitted because of a cancellation, termination or expiration
of the Yahoo! Center Parking Lease, or of an approved functional equivalent, the following
procedures shall be applicable instead of those set forth in Section 2.2(b)(4)( v):
(A) If, upon conclusion of the meet and confer
process described in Section 2.2(b)(4)(iv) of this First Amendment and the review of any revised
.PMP submitted by Saint John's, the Planning Director reasonably determines that Saint John's
will be unable to otherwise cure any parking deficit arising from such cancellation, termination
or expiration through a functional equivalent and that construction of North Subterranean
Parking Structure is the appropriate means of curing such parking deficit, then the Planning
Director shall notify Saint John's, in writing, that it shall be required to construct and operate the
North Subterranean Parking Structure within a reasonable time, not to exceed twenty-four
months of such determination.
(B) If, after such review, the Planning Director
reasonably determines that the parking deficit can be cured through development of a
subterranean parking structure having fewer than 442 spaces, the Planning Director may permit
Saint John's to reduce the number of spaces in the North Subterranean Parking Shucture to the
number the Planning Director determines to be necessary to cure the parking deficit.
(C) Saint John's shall have the right to appeal
any decision by the Planning Director under Section 2.2(b)(5)(i)(A) or (B) above to the City
Council by written notice to the Planning Director given within fourteen (14) calendar days
10
following Saint John's receipt of notice from the Planning Director thereunder. Other
procedures and fees associated with such appeal shall be the same as apply to appeals from
decisions of the Planning Commission to the City Council under then-applicable law. Saint
John's shall not be obligated to take any action during the time such appeal is pending. The City
Council shall have authority to affirm, modify or reverse the decision of the Planning Director..
Saint John's agrees that it shall have no claim for damages, other than attorneys' fees, arising
from the City Council's decision but shall be limited to seeking injunctive relief or a writ of
mandate based on a showing that the City Council decision was arbitrary and capricious.
(D) Following the Planning Director's
determination, or the City Council's determination on appeal, that the North Subterranean
Parking Structure is required to be constructed under the terms and conditions set forth in
Sections 2.2(b)(5)(A) or (B), Saint John's shall be obligated to construct the North Subterranean
Parking Structure within a reasonable time, not to exceed twenty-four (24) months, designated
by the Planning Director or the City Council on appeal (the "Parkine Structure Construction
Deadline"), and with the number of spaces designated by the Planning Director, or the City
Council on appeal, not to exceed 442.
(E) The Planning Director may, in his or her
sole and absolute discretion, grant one or more extensions of the Parking Structure Construction
Deadline for up to a maximum of two (2) additional years for completion of the North
Subterranean Parking Structure upon a showing of good cause by Saint John's and upon such
terms and conditions as the Planning Director deems appropriate, provided Saint John's requests
such extension(s) in writing prior to the Parking Structure Constriction Deadline. If an
extension is granted, the Parking Structure Construction Deadline shall be the expiration date of
such extension.
(F) Saint John's shall have the vested right to
construct the North Subterranean Parking Structure for a period commensurate with the duration
of the Yahoo! Center Parking Lease, or its approved functional equivalent. If Saint John's is
required to construct the North Subterranean Parking Structure under this Section 2.2(b), its
vested right to do so shall, if necessary, be extended to the Parking Structure Construction
Deadline, as it may be extended.
(ii) If any PMP submitted by Saint John's under this
Section 2 identifies a "functional equivalent" for the Yahoo! Center Parking Lease, or any
subsequently approved functional equivalent thereto, and such PMP is approved by the Planning
Director, or, where applicable, the City Council on appeal, such replacement parking shall be
deemed to constitute ari "approved functional equivalent" hereunder.
(6) Permanent PMP. In the event Saint John's believes that its
proposed PMP will satisfy Saint John's parking needs for the term of the Development
Agreement (i.e. through July 9, 2053), then Saint John's written request shall so indicate and the
following shall apply in addition to Section 2.2(b)(3):
(i) Saint John's shall meet and confer with the
Planning Director before filing a written request for approval of the PMP.
Il
(ii) Saint John's may in its discretion present a PMP
that addresses Phase One parking only, or alternatively, addresses both Phase One parking and
parking for one or more Phase Two facilities.
(iii) The PMP application shall be accompanied by such
parking studies as are requested by the Planning Director.
(iv) The City will commence and complete any
necessary environmental review of Saint John's PMP modification request in accordance with
the California Environmental Quality Act.
(v) The Planning Director may approve, conditionally
approve or deny Saint John's request to modify its PMP. The Planning Director will exercise
reasonable discretion in rendering his or her decision.
(vi) In reviewing such a PMP request, the Planning
Director shall determine in writing whether the PMP satisfies Saint John's,Phase One parking
needs for the term of the Development Agreement. The Planning Director will exercise
reasonable discretion in rendering his or her decision.
(vii) In the event the Planning Director determines that
Saint John's PMP will satisfy Saint John's Phase One parking needs for the term of the
Development Agreement, then (i) the Planning Director shall approve the PMP, (ii) Saint John's
will be deemed to have satisfied all of its Phase One parking obligations in accordance with the
Development Agreement and this First Amendment, and (iii) Saint John's will be relieved of its
obligations under Sections 2.2(a) and (b) of this First Amendment.
(7) Scope Of PMP Modifications. Subject to the review
process set forth in Section 2.2(b), Saint John's and the City agree that a PMP maybe modified
with respect to the location, design, number of parking spaces, management and operations,
access and other features addressed in the current PMP (Exhibit "L"). The PMP may include,
without limitation, construction of additional on-site or off-site parking, the leasing of off-site
parking, or other options reasonably acceptable to the City, provided that adequate parking
meeting its peak parking demand is maintained by Saint John's.
(8) Stacked Parkine On The South Campus. As part of
requested modifications to its PMP, Saint John's may request City approval to install stacked
parking on its South Campus by filing a Development Review Permit ("DRP") application in
accordance with Section 3.2 of the Development Agreement. The City may approve,
conditionally approve or deny this application. In the event Saint John's files such an
application, the City will conduct any necessary environmental review in accordance with the
California Environmental Quality Act. Notwithstanding Section 3.6 of the Development
Agreement, Saint John's will not be required to obtain City approval of a South Campus Master
Plan prior to filing or obtaining City approval of a DRP application for stacked parking on the
SouthCampus. Stacked parking shall be subject to architectural design review in accordance
with Section 8.1 of the Development Agreement.
12
2.3 North Subterranean Parkine Structure Parkine Management Plan. Section
2.9.3 of the Development Agreement shall be amended to delete clause (a) and to add the
following new sentence at the end of the Section in order to be consistent with Section 9 of
Exhibit "K": "Prior to issuance of a building permit for the North Subterranean Parking
Structure, Saint John's shall submit to the Planning Director for review and approval a parking
management plan as detailed in Section 9 of Exhibit "K": '
2.4 Area 2C And Areas 2D/2E. As part of requested modifications to its
PMP, Saint John's may use all or portions of the sites designated as Area 2C and Areas 2D/2E
for surface Phase One parking, subject to reasonable approval by the Planning Director of the
parking's design, configuration and access.
2.5 HASP. Saint John's will cooperate in good faith with the City to update
the HASP in order to implement the parking policies set forth in the LUCE, including those
relating to shared parking programs and transportation demand management.
2.6 Emergency Access Parking. Clause (b) of Section 2.9.1 of the
Development Agreement and Condition No. 25 in Exhibit "K" to the Development Agreement
under "Neighborhood Effects" are inconsistent with respect to the number of parking spaces to
be provided and both are inconsistent with safety requirements of the City's Fire Department.
Therefore, in place of those provisions, which are hereby superseded, the City and Saint John's
agree that Saint John's shall provide at least eight (8) spaces (including handicapped spaces) for
short-term visitor parking and at least six (6) spaces for ambulances in the Emergency Access
and that a parking management plan for the Emergency Access shall be prepared by Saint John's
in consultation with the City's Fire Department and submitted for approval to the Planning
Director, which shall not be unreasonably withheld or delayed.
2.7 Lot C. St. John's shall have no obligation to demolish and remove Lot C,
as currently required under Section 2.4.2(b)(ii) of the Development Agreement.
3. Temporary Access. St. John's shall have no obligation to provide the Temporary
Access as described in Section 2.4.2(d) of the Development Agreement.
4. Transportation Demand Management Plan. Saint John's shall maintain and
implement its TDM Plan, a copy of which is attached hereto as Exhibit "M". The TDM Plan
includes all of the program components of its current Employee Transportation Reduction Plan
("ETRP"). Saint John's and the City agree that the TDM Plan will be modified as necessary to
incorporate any and all changes made to Saint John's ETRP. The TDM Plan meets or exceeds
all the requirements of the Santa Monica Municipal Code in effect as of the date of this First
Amendment. In the event of any conflict between the TDM Plan and the Santa Monica
Municipal Code, the TDM Plan shall prevail.
5. Entry Plaza.
5.1 Saint John's shall construct an Entry Plaza in the area between Santa
Monica Boulevard and the D&T Center providing for both vehicular and pedestrian access. The
Entry Plaza shall be a minimum of 40,000 square feet in size and shall provide a u-shaped
counter-clockwise circulation system, with the ingress and egress driveways located on Santa
13
Monica Boulevard. Vehicles will enter the site along the east side of the Entry Plaza, where they
will proceed to the drop-off at the main entry to the D&T Center ("Main Entry"). Pathways
will also be included, allowing for pedestrian access to the D&T Center. An internal return
roadway will connect the egress driveway to the ingress driveway so that vehicles can return to
the ingress driveway without exiting onto Santa Monica Boulevard. The design of the Entry
Plaza shall include a water feature at the center of the Entry Plaza surrounded by areas for
pedestrians to congregate and enjoy the outdoor environment. The Entry Plaza design shall also
include street furniture for seating and informal gathering; ample landscaping to buffer both
valets as viewed from Santa Monica Boulevard; paving materials that enhance the aesthetic
quality of the Entry Plaza and serve to clearly denote the separation, merging, and/or intersection
of pedestrian and vehicular traffic. The Entry Plaza shall be subject to architectural design
review in accordance with Section 8.1 of the Development Agreement. Construction of the
Entry Plaza shall commence within one hundred eighty (180) days of obtaining final City
architectural design approval of the Entry Plaza and be complete within twelve (12) months from
commencement of construction (the "Entry Plaza Completion Deadline"). If the Entry Plaza
remains under construction on the Entry Plaza Completion Deadline, the Planning Director may,
in his or her sole and absolute discretion, grant one or more extensions of the Entry Plaza
Completion Deadline for up to a maximum of eighteen (18) additional months upon a showing
of good cause by Saint John's and upon such terms and conditions as the Planning Director
deems appropriate, provided Saint John's requests such an extension in writing prior to the Entry
Plaza Completion Deadline.
5.2 In the event Saint John's develops subterranean parking in the area
beneath all or any portion of the Entry Plaza (including, without limitation, construction of the
North Subterranean Parking Structure) that as a practical matter requires removal of the Entry
Plaza, then Saint John's shall concurrently reconstruct the Entry Plaza in a manner consistent
with the specifications and procedures set forth in Section 5.1 above, and shall provide ingress
and egress driveways to the subterranean parking garage beneath the Entry Plaza directly from
the ingress and egress driveways on Santa Monica Boulevard.
53 This Section 5 is intended to replace and substitute for all provisions in the
Development Agreement that address the Entry Plaza including, without limitation, all such
provisions in Article 2 and Exhibit "H".
6. Si¢nalization. Section 3.2 of Exhibit H of the Development Agreement is hereby
deleted and replaced as follows:
As of the Effective Date, there is a traffic signal for the Existing
Crosswalk. Upon removal of the Existing Crosswalk, the
existing traffic signal will be removed and will be replaced by
Saint John's, at Saint John's expense, with two new traffic
signals, one located at the ingress driveway of the Entry Plaza (as
discussed above in Section 5.1 of the First Amendment) on Santa
Monica Boulevard and the other located at the egress driveway
of the Entry Plaza aligned with Twenty-First Street on the south
side of Santa Monica Boulevard ("New Signals"). Removal of
the Existing Crosswalk, removal of the existing traffic signal and
14
installation of the New Signals shall be performed in accordance
with the City's requirements by a contractor approved by the
City. Saint John's may propose changes to the signalization on
Santa Monica Boulevard adjacent to Saint John's in association
with construction of the permanent Entry Plaza (as discussed
above in Section 5.3 of the First Amendment). 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 such request, Saint John's shall pay for the costs
associated with such request.
7. The D&T Center. Section 2.3.2(d) of the Development Agreement is hereby
amended to provide that the D&T Center shall not exceed two hundred eighty-five thousand
(285,000) square feet of Floor Area provided, however, that (a) the new aggregate construction
in Phase One shall not exceed the original limit provided in Section 2.1 of the Development
Agreement of four hundred seventy-five thousand (475,000) square feet and (b) there shall be no
change in the restrictions applicable to the D&T Center in Building Height and Above-Grade
Stories set forth in Section 2.3.2(d) of the Development Agreement. City agrees that no further
review of the D&T Center by the ARB shall be required.
8. Pedestrian Link. Section 2.2.10 of the Development Agreement is hereby
amended to provide that the Pedestrian Link need not be covered.
9. Saint John's Reporting Schedule.
9.1 PMP Report. The annual PMP report required by Section 2.2(b)(1) of this
First Amendment shall be filed no later than February 28 of each year and shall be current as of
December 31 of the year prior to filing.
9.2 Development Agreement Compliance Rem. The annual compliance
report required by Development Agreement Section 13.2 shall be filed no later than July 1 of
each year and shall cover the period from January 1 through December 31 of the year prior to
filing.
10. Neighborhood Protection Provisions. In addition to certain provisions in the
Development Agreement intended to mitigate the impacts of the Project on the surrounding
neighborhood, Saint John's agrees to do all of the following:
10.1 Ambulance Sirens. Section 30 of Exhibit "K" to the Development
Agreement requires, among other things, Saint John's to advise ambulance companies in writing
of certain restrictions on the route to the emergency department and on the use of sirens. Saint
John's agrees to provide this advice, in writing, to any new company providing ambulance
service upon commencement of service and to all ambulance companies in writing at least
annually.
15
10.2 Restrictions on Use of Yahoo! Center. Saint John's shall not permit the
parking of cars by valet at Yahoo! Center and shall not operate shuttle transports to and from
Yahoo! Center.
10.3 Valet Route. Saint John's shall, within sixty (60) days after the Effective
Date, as defined in Section 15 below, submit to the City's Planning Director for review and
approval its proposed routes to be used by valet parking and shall not change any of such routes
without the prior written approval of the City's Planning Director. All valet routes shall, to the
extent reasonably feasible, minimize the use of residential streets and there shall be no parking
by the valet on public streets including, without limitation, in metered spaces. In preparing the
valet routes, Saint John's and the City will consider among other options (a) whether Twenty-
First Street can be modified to accommodate two-way traffic and/or (b) whether access to Santa
Monica Boulevard directly from Lot B is appropriate. Saint John's shall, upon completion of the
Entry Plaza, resubmit such proposed routes for review and approval by the Planning Director.
10.4 Parking Adiacent to 1440 23`d Street. Saint John's shall, within sixty (60)
days following the Effective Date (a) implement a noise reductiori parking policy under which no
vehicles shall be permitted to park within a designated buffer zone adjacent to the residential
building located at 1440 23`d Street between the hours of 9:00 PM and 7:00 AM , (b) submit such
parking policy, together with a map indicating the buffer zone, to the Planning Director, and (c)
submit to the Planning Director for approval plans for the placement of trees in the buffer zone
adjacent to such residential building to screen the surface parking lot. Saint John's shall be
obligated to place a reasonable. number of trees in such buffer zone to the extent that the parking
capacity of the affected lot would not be reduced below 271 spaces.
10.5 Security Escorts. Saint John's shall, within sixty (60) days following the
Effective Date, submit to the City's Planning Director for review and reasonable approval its
program for providing security escort services for employees walking to their cars and shall not
change such program in any material manner without the prior written approval of the City's
Planning Director.
10.6 Ombudsperson.
(a) Saint John's shall, within sixty (60) days following the Effective
Date, designate and maintain at all times an employee to be Saint John's ombudsperson with the
responsibility to (i) receive questions and complaints from the surrounding neighborhood
relating to parking and other operational matters affecting the neighborhood, (ii) refer questions
or complaints to the appropriate Saint John's employee for a response and/or action, (iii) follow
up with the Saint John's employee responsible for providing the relevant information or taking
the appropriate action, (iv) follow up with the community individual who raised the matter to
insure that appropriate information has been provided or appropriate action taken to the extent
reasonably feasible, and (v) maintain a written record of all questions and complaints received
and a description of any actions taken or information provided and the name of the person
responsible for doing so.
(b) Saint John's shall, within sixty (60) days following the Effective
Date, submit to the Planning Director for review and reasonable approval procedures appropriate
16
for the ombudsperson to carry out his or her responsibilities. Following such review and
approval, Saint John's shall publicize the name and contact information of the ombudsperson on
Saint John's website and in general announcements to the neighborhood and shall not make any
material changes without the prior written approval of the Planning Director.
(c) Saint John's shall provide the information described in Section
10.6(a)(v) to the City as a part of Saint John's annual development compliance report and within
five (5) days following a request by the City.
(d) The City shall maintain a record of the ombudsperson's name and
contact information and shall provide this information to any member of the public upon request.
10.7 Syecial Events Parking. Upon receipt of at least30 days' advance notice,
Saint John's shall make Lot B available up to 5 times per month for parking of 50 vehicles
between the hours of 7:00 p.m. to 10:00 p.m. for special events at McKinley Elementary School
or other nearby schools ornon-profits, where additional parking may be needed. Saint John's
may charge for such parking at then-prevailing market rates and may establish reasonable rules
and regulations for the use of and access to and from the parking area. Saint John's may exclude
any individuals who do not comply with such rules and regulations.
10.8 Lighted Crosswalks. Saint John's agrees to pay the reasonable costs, up to
a maximum of $30,000, for a single crosswalk at the intersection of Arizona Avenue and 21St
Street, including a system for lighting of the street in the crosswalk area and a manual signal on
each side which can be used by pedestrians to trigger implementation of the lights. Saint John's
also agrees to pay one-half of the reasonable costs, up to $15,000, for a study regarding other
means for promoting pedestrian safety near the Project.
10.9 Employee Parking Notice. Within 60 days following the Effective Date of
this First Amendment, Saint John's shall notify all employees in writing that parking on the
residential streets in the vicinity of Saint John's is prohibited. All new employees will be
provided the same notification during their orientation.
10.10 Continuing Community Outreach. Saint John's shall hold an annual
community meeting at its Campus with residents in the Campus' vicinity. Saint John's shall
provide aYleast 15 days' prior written notice of such meeting by U.S. Mail to the City and
residents and property owners within a 500-foot radius of the Campus. The purpose of the
meetings will be to identify and address any issues associated with Saint John's compliance
under this Agreement
11. Enforcement. The City, at its discretion, shall be entitled to apply the remedies
set forth in Chapters 1.09 and 1.10 of the City's Municipal Code, as they maybe amended from
fime to time.
12. Limitation on Damages.
(a) Sections 14.3.4 and 14.3.5 of the Development Agreement are hereby
deleted a new Section 14.7 is hereby added to read in its entirety as follows:
17
14.7. No Damage Relief.
14.7.1 As to City.
(a) It is acknowledged by Saint John's that the City would not
have entered into this Agreement if the City were to be liable in damages under or
with respect to this Agreement or the application thereof. Consequently, and
except for the payment of attorneys' fees and court costs, the City shall not be
liable in damages to Saint John's or to any Campus Transferee or Parcel
Transferee, and Saint John's covenants on behalf of itself and its successors in
interest not to sue for or claim any damages:
(i) for any Default hereunder;
(ii) for the regulatory taking, impairment or restriction
of any right or interest conveyed or provided hereunder or pursuant hereto;
or
(iii) arising out of or connected with any dispute,
controversy or issue regarding the application or interpretation or effect of
the provisions of this Agreement.
(b) The City and Saint John's agree that the provisions of
Section 14.7.1(a) do not apply to damages which:
(i) do not arise under this Agreement; or
(ii) are not with respect to any right or interest
conveyed or provided hereunder or pursuant hereto; or
(iii) do not arise out of or are not connected with any
dispute, controversy or issue regarding the application, interpretation, or
effect of the provisions of this Agreement to or the application of, any City
rules, regulations, or official policies.
14.7.2 As to Saint John's.
(a) It is acknowledged by the City that Saint John's would not
have entered into this Agreement if Saint John's were to be liable in damages in
connection with any non-monetary Default under this Agreement. Consequently,
and except for the payment of attorneys' fees and court costs, Saint John's shall
not be liable in damages to the City for any non-monetary Default under this
Agreement and the City covenants on behalf of itself and its successors in interest
not to sue for or claim any damages:
(i) for any non-monetary Default; or
18
(ii) arising out of or connected with any dispute,
controversy or issue regarding the application or interpretation or effect of
the provisions of this Agreement.
(b) The City and Saint John's agree that the provisions of
Section 14.7.2(a) do not apply to damages which:
(i) are for a monetary Default; or
(ii) do not arise out of or are not connected with any
dispute, controversy or issue regarding the application, interpretation, or
effect of the provisions of this Agreement to or the application of, any City
rules, regulations, or official policies.
13. City Cost Recovery. Following completion of each annual review of the
Development Agreement by the City pursuant to Article 13 of the Development Agreement,
Saint John's shall reimburse the City for its actual and reasonable costs incurred in connection
with such review.
14. Continuing Effect Of Development Agreement. Other than as specifically
amended herein, all provisions of the Development Agreement shall remain in full force and
effect without modification.
15. Recordation. The parties hereto shall cause this First Amendment to be recorded
in the Official Records of the County of Los Angeles. The cost, if any, of recording shall be
borne by Saint John's.
16. Effective Date. This First Amendment's effective date (the "Effective Date")
shall be the same as the effective date of the Ordinance approving this First Amendment.
[The balance of this page has been
intentionally left blank.]
19
17. Entire Asreement. This First Amendment represents the entire agreement of the
parties. This First Amendment integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the parties or
their predecessors in interest with respect to all or any part of the subject matter hereof.
IN WITNESS WHEREOF, the parties have duly executed this First Amendment as of the
day and year first above written.
"City"
CITY OF SANTA MONICA, a municipal
corporation
By:
Rod Gould
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Marsha Jones Moutrie
City Attorney
SISTERS OF CHARITY OF
LEAVENWORTH HEALTH SYSTEM,
iNC., a Kansas non-profit corporation
By: _
Name
Title:
SAINT JOHN'S HOSPITAL AND
HEALTH CENTER, a California non-profit
corporation
By:
Name:
Title:
20
STATE OF KANSAS
COUNTY OF
On , 2011, before me, ,Notary Public,
personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
2t
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2011, before me, ,Notary Public,
personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
22
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2011, before me, Notary Public,
personally appeared ,who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
23
Exhibit "L"
PARKING MANAGEMENT PLAN
1.0 Purpose. Pursuant to Section 2 of the First Amendment, Saint John's PMP is intended to
ensure that Saint John's continues to provide throughout the term of the Development
Agreement sufficient parking to meet the peak parking demand of its various user groups, and to
ensure that Saint John's provides parking which is functionally equivalent to the North
Subterranean Parking Structure. The PMP is also intended to facilitate a collaborative effort by
Saint John's and the City to develop along-term Saint John's parking plan that furthers the
LUCE's approach to parking by developing and implementing area-wide parking solutions,
utilizing shared parking, and relying on transportation demand management as a means of
reducing Saint John's parking demand. Except as provided in Section 2.2(b)(6) of the First
Amendment, this PMP as modified from time to time in accordance with the First Amendment
shall continue in effect for the term of the Development Agreement.
2.0 PMP Objectives. The PMP has been developed to achieve the following objectives:
2.1 Ensure that Saint John's continues to provide throughout the term of the
Development Agreement sufficient parking to meet the peak parking demand of its various user
groups, and to ensure that Saint John's provides parking which is functionally equivalent to the
North Subterranean Parking Structure;
2.2 Actively manage Saint John's parking to effectively and efficiently utilize
available parking supply to meet campus-related parking demand, as well as minimize the
impacts of campus activities on nearby residential and commercial neighbors;
2.3 Effectively utilize Saint John's parking facilities to address parking demand by
employees, patients, physicians, students and visitors;
2.4 Reduce employee single-occupant vehicle ridership and associated parking
demand;
2.5 Ensure that parking impacts of hospital operations on nearby residential and
commercial properties are minimized;
2.6 Reduce traffic and circulation issues associated with drivers searching for
parking;
2.7 Provide the data necessary to adjust parking strategies in order to address parking
issues as they may arise; and
2.8 Minimize the need for the construction of new parking facilities in the future by
making efficient use of existing parking resources.
2.9 Coordinate Saint John's parking planning with the City's HASP update process
and the LUCE's area-wide approach to parking in the Healthcare District.
3.0 Parking Demand. The Walker Parking Study determined peak parking demand for Saint
John's various user groups as 1,196 upon completion of the D&T Center and 1,306 in 2013.
4.0 Parking Supply And Operations.
4.1 Existing Pazkin~ Facilities. A summary of the Saint John's controlled parking
spaces, including on-campus and off-campus spaces, is provided in Table 1 below. As indicated
in Table 1, a total of 1,341 spaces are controlled by Saint John's including 572 owned spaces and
7691eased spaces. With the addition of parking spaces due to attendant and valet operations
(e.g., stacked parking in drive aisles), a total of 1,448 parking spaces are controlled by Saint
Detailed descriptions of the Saint John's owned and leased parking facilities,
including user groups served (i.e., employee, visitor, patient, etc.), number of available spaces,
location, vehicular and pedestrian access, and facility operations are provided below. A map is
attached as Exhibit "L-1".
4.1.1 Lot C -Valet Lot.
(a) User Group. Lot C (also known as the Valet Lot) is used by
visitors, patients, and physicians.
(b) Available Spaces. Lot C is owned by Saint John's and contains 46
spaces plus an additional 12 vehicles may be parked due to stacked parking with valet
operations. The valet parks overflow vehicles at Lot B.
(c) Location. Lot C is on the north side of Santa Monica Boulevard,
adjacent (east) to the Entry Plaza.
(d) Access.
(i) Vehicular Access. Lot C is accessed from Santa Monica
Boulevard and maybe entered by vehicles traveling either east or west.
(ii) Pedestrian Access. Lot C is located in close proximity to
Saint John's hew facilities, including the D&T Center (commonly known as the Keck Diagnostic
and Treatment Center) and Inpatient Suites (commonly known as the Chan Soon-Shiong Center).
(e) Operations.
(i) Lot C is valet parking only.
(ii) Lot C is staffed by valet attendants 24-hours per day, 7-
days per week.
(iii) Vehicles not valet parked in Lot C are moved to Lot B
located at Twenty-First Street and Santa Monica Boulevard. Access to Lot B by valet staff is by
right-tum onto Santa Monica Boulevard, then left-turn onto Twenty-First Street. Access into Lot
B is controlled by a valet booth located at the north end of Lot B accessed from Twenty-First
Street. Return route for valet vehicles is south onto Twenty-First Street (one-way), right-turn
(west) onto Broadway, right-tum onto Twentieth Street (north), right-turn on Santa Monica
Boulevard (east) and left-turn into Lot C.
4.1.2 Lot H -JWCI Lot.
(a) User Group. Lot H (also known as the JWCI Lot) is reserved for
Saint John's staff and scientist parking only.
(b) Available Spaces. Lot H is owned by Saint John's and contains
236 spaces plus an additiona135 vehicles may be parked due to stacked parking with attendant
operations. Four (4) handicap-accessible spaces are provided.
(c) Location. Lot H is located behind (south of) the John Wayne
Cancer Institute, which is on the South Campus fronting on Santa Monica Boulevard.
(d) Access.
(i) Vehicular Access. Lot H is accessed from two (2)
entrances on Twenty-First Street, which are located west of Lot H. The exit is on the east side of
Lot H onto Schader Drive which connects to Cloverfield Boulevard and Twenty-Third Street.
(ii) Pedestrian Access. Pedestrian access to Saint John's North
Campus is provided by the pedestrian crossing on Santa Monica Boulevard (north and south
directions) between JWCI and Lot C ("JWCI Crosswalk").
(e) Operations. Lot H contains self parking but attendants assist with
stacked parking and control the exit from Lot H.
4.1.3 Lot B.
(a) User Group. Lot B is reserved for valet-parked cars only from Lot
C and the Emergency Department Lot. Lot B will also be utilized for. valet-parked cars from the
surface parking lot that will be located to the west of the Interim Entry Plaza ("West Lot") upon
completion of the Main Entry.
(b) Available Spaces. Lot B is owned by Saint John's and contains
150 spaces. An additiona130 vehicles may be parked due to stacked parking with valet or
attendant operations.
(c) Location. Lot B is located on the west side of Twenty-First Street,
south of Santa Monica Boulevard.
4.1.4 Lot I.
(a) User Group. Lot I is reserved for Saint John's staff parking only.
(b) Available spaces: Lot I is owned by Saint John's and contains 121
spaces. An additiona120 vehicles maybe parked due to stacked parking with attendant
operations.
(c) Location. Lot I is located on the west side of Twenty-First Street,
south of Santa Monica Boulevard.
(d) Access.
(i) Vehicular Access. Lot I access and exit is located on
Twenty-First Street near Broadway.
(ii) Pedestrian Access. Pedestrian access from Lot I to Saint
John's is provided at the JWCI Crosswalk across Santa Monica Boulevard.
parking.
(e) Operations. Lot I is self-park but attendants assist with stacked
4.1.5 Emergency Department Lot.
(a) User Group. The Emergency Department Lot is reserved
exclusively for vehicles utilizing the emergency room services in the D&T Center.
(b) Available spaces. The Emergency Department Lot contains 8
spaces for patients utilizing the emergency room and 6 spaces for ambulances. The valet parks
overflow vehicles at Lot B.
(c) Location. The Emergency Department Lot is located on the north
side of the campus along Arizona Avenue.
(d) Access. Vehicular access to and from the Emergency Department
Lot is via Arizona Avenue.
(e) Operations.
(i) The Emergency Department Lot is valet parking only.
(ii) The Emergency Department Lot is staffed by valet
attendants 24-hours per day, 7-days per week.
(iii) Access to Lot B by valet staff is by left-turn onto Arizona
Avenue (west), left-turn onto Twentieth Street (south), left-turn onto Santa Monica Boulevard
(east), and right-turn onto Twenty-First Street (south). Access into Lot B is controlled by a valet
booth located at the north end of Lot B off Twenty-First Street. The return route for valet
vehicles is south onto Twenty-First Street (one-way), right-turn onto Broadway (west), right-turn
onto Twentieth Street (north), right-turn onto Arizona Avenue (east) and right-turn into the
Emergency Department Lot.
(f) Status. The Emergency Department Lot is owned by Saint John's.
4.1.6 Loadin¢ Dock.
visitors.
(a) User Group. The Loading Dock is used by Saint John's staff and
(b) Available spaces. The Loading Dock contains 11 spaces.
(c) Location. The Loading Dock is located on the north side of the
campus along Arizona Avenue.
(d) Access. Vehicular access to and from the Loading Dock is via
Arizona Avenue.
(e) Operations. The Loading Dock is self-parking only.
(f) Status. The Loading Dock is owned by Saint John's.
4.1.7 St. Anne's Lot.
(a) User Group. St. Anne's Lot is used by Saint John's staff.
(b) Available spaces. Saint John's leases 85 spaces at the St. Anne's
Lot. An additional 10 vehicles maybe parked due to stacked parking with attendant operations.
(c) Location. St. Anne's Lot is located on the east side of Twentieth
Street between Colorado Avenue and Broadway.
(d) Access.
(i) Vehicular Access. St. Anne's Lot access and exit is from
Twentieth Street.
(ii) Pedestrian Access. St. Anne's Lot is within close
proximity to Saint John's North Campus.
(e) Operations: St. Anne's Lot is self-park but attendants assist with
stacked parking.
4.1.8 Koll Structure.
(a) User Group. The Koll Structure spaces are used by Saint John's
staff including carpoolers.
(b) Available Spaces. Saint John's leases 84 spaces in the Koll
Structure. The Koll Structure contains a total of nine (9) handicap-accessible spaces. Saint
John's-leased spaces are not designated in any area of the Koll Structure.
(c) Location. The Koll Structure is located along the east side of
Twentieth Street south of Santa Monica Boulevard.
(d) Access.
(i) Vehicular Access. Access and exit for the Koll Structure is
located on Twentieth Street and Santa Monica Boulevard.
(ii) Pedestrian Access. Pedestrian access to Saint John's is
located at the Twentieth Street/Santa Monica Boulevard intersection or the JWCI Crosswalk.
The Koll Structure is in close proximity to Saint John's North Campus.
(e) Operations. The Koll Structure is self-park only.
4.1.9 Held Structure.
(a) User Group. The Held Structure spaces are used by Saint John's
staff, volunteers and carpoolers.
(b) Available Spaces. Saint John's leases 150 spaces during daytime
and 110 spaces at night in the Held Structure. The Held Structure contains a total of 21
handicap-accessible spaces.
(c) Location. The Held Structure is located along the east side of
Twentieth Street south of Arizona Avenue.
(d) Access.
(i) Vehicular Access. Access to the Held structure is located
on Twentieth Street near Santa Monica Boulevard. Exit from the Held structure is located on
Arizona Avenue.
(ii) Pedestrian Access. The Held Structure is in close
proximity to Saint John's North Campus. Pedestrian access to Saint John's is by walking from
the Held structure via Santa Monica Boulevard to the Main Entry or via Arizona Avenue to the
Emergency Department entrance.
(e) Operations. The Held Structure is self-park only.
4.1,10 Yahoo! Center Structure.
(a) User Groups. Saint John's-leased spaces in the Yahoo! Center
Structure are used by Saint John's staff, vendors and students.
(b) Available Spaces. Saint John's leases 450 spaces in the Yahoo!
Center Structure. A total of 41 handicap-accessible spaces are provided. Saint John's-leased
spaces are not designated in any area of the Yahoo! Center Structure.
(c) Location. The Yahoo! Center Structure is located at the Yahoo!
Center property bounded by Broadway on the north, Cloverfield Boulevard on the west,
Colorado on the south and Twenty-Sixth Street on the east.
(d) Access:
(i) Vehicular Access. Access to and exit from at the Yahoo
structure is via Colorado Avenue, Broadway Avenue, Twenty-Sixth Street, or Cloverfield
Avenue.
(ii) Pedestrian Access. Pedestrian access to Saint John's is
provided via walking one (1) block north along Cloverfield Boulevard to Santa Monica
Boulevard, and then less than one (1) block west to the North Campus.
(e) Operations. The Yahoo! Center Structure is self-park only.
4.2 Future Parking Facilities. Saint John's anticipates it will be able to add the
following to its parking supply:
4.2.1 West Lot. Upon completion of the Main Entry, the West Lot will be made
available for parking.
(a) User Group: The West Lot will be available for Saint John's
visitor and patient parking.
(b) Available Spaces: The West Lot will be owned by Saint John's
and will contain approximately 80 spaces. With attendant parking the capacity of the West Lot
can be increased.
(c) Location: The West Lot is located adjacent to the Interim Entry
Plaza, in close proximity to the Main Entry.
(d) Access. Access to the West Lot is anticipated to be from the
Interim Entry Plaza.
(e) Operations.
(i) The West Lot will be valet/attendant parking only.
(ii) Prior to opening of the West Lot, staffing shall be adjusted
to accommodate any potential increase in valet parking operations.
(iii) Vehicle parking demand in excess of the West Lot capacity
will be parked in Lot B.
4.2.2 Main Entry To The D&T Center. Upon completion of the Main Entry, the
Main Entry shall provide additional space for staging for an approximately eight (8) to ten (10)
vehicles for valet parking.
4.3 MRI Lot. Saint John's may, in its sole discretion, remove the MRI Building and
replace it with a surface pazking lot containing approximately 50 parking spaces.
5.0 Management Strategies. Saint John's will implement the following management
strategies to achieve the goals of the PMP:
5.1 Transportation Demand Management (TDM) Plan. Saint John's will continue to
comply with the City's Employer Trip Reduction Program (ETRP -Ordinance 1604) and its
TDM Plan (Exhibit "M").
5.2 Patient and Visitor Parking Information (Pre-Trip). Valet parking information,
including the location and directions to parking facilities, as well as alternative transportation
options for patients with pre-scheduled appointments, will be developed and provided to patients.
Information will be provided at the time the appointment is made, either in hard copy or
alternatively, the patient will be directed to the Saint John's website.
5.3 Staff, Employee and Volunteer Parking Information. Information on appropriate
parking locations will be provided to all employees (i.e., existing and new employees) of Saint
John's and other employees on the campus including vendors and service/delivery
representatives. This information will include notification of Saint John's policy that staff,
employee, volunteer and other employee parking on-street is strongly discouraged. In addition,
all communications regarding transportation and pazking matters will discourage Saint John's
staff, employees and volunteers from parking on-streeYneaz the campus.
5.4 Parking Signaae Program. Prior to the opening of the Main Entry, Saint John's
shall obtain City approval for and install appropriate signage to guide Saint John's various user
groups to the appropriate parking. Saint John's shall also post signage in the Entry Plaza stating
that on-street parking is not available in the adjacent neighborhood.
5.5 Staffing for Pazkin~ Operations. Saint John's will at all times maintain sufficient
staffing to efficiently operate its various parking facilities, including at attendant and valet-
operated lots.
5.6 On-Street Parking Monitorin¢ For Patients and Visitors. Saint John's shall work
in consultation with the. City to monitor on-street parking near the campus and to develop and
implement appropriate measures to encourage patients and visitors to park within hospital
parking facilities.
5.7 Parkin Pg ricine.
5.7.1 Saint John's shall establish a parking rate schedule resulting in chazges
below the maximum daily rate for its visitors and patients pazking for ninety (90) minutes or less.
Such schedule shall utilize commercially reasonable increments of time (~, 15-20 minutes in
2011), not to exceed twenty (20) minutes, and take into account parking rates in effect from time
to time at other commercial parking facilities in the immediate vicinity of Saint John's to insure
that visitors to, or employees in, other businesses do not have an economic incentive to use Saint
John's parking facilities. The ninety (90) minute rate shall not exceed eighty-five percent (85%)
of the maximum daily rate.
5.7.2 Saint. John's parking pricing shall continue to be market-based and
adjusted periodically in an effort to ensure parking availability for employees and visitors during
peak parking hours. All employees will be required to pay for parking a vehicle on-site. Within
60 days following the Effective Date of this First Amendment, Saint John's shall notify all
employees in writing that parking on the residential streets in the vicinity of Saint John's is
prohibited. All new employees will be provided the same notification during their orientation.
5.7.3 Any Saint John's employee required to return to work after completing a
shift on the same day may utilize the valet service in Lot C, or following completion of the Entry
Plaza the Entry Plaza valet service, without charge. Alternatively, if such employee elects to
9
return to Saint John's through use of public transportation or a private taxicab service, Saint
John's shall reimburse such employee for the costs of such transportation.
5.8 No Valet Parking in Metered Spaces. There shall be no parking by the valet on
public streets including, without limitation, hi metered spaces.
10
Exhibit "M"
TRANSPORTATION DEMAND MANAGEMENT PLAN
1.0 Purpose. Pursuant to Section 4 of this First Amendment, Saint John's Transportation
Demand Management Plan (the "TDM Plan") is intended to ensure that Saint John's reduces to
the extent reasonably feasible vehicle trips associated with the operation of its campus, and the
parking demand associated with such vehicle trips, in accordance with the City's LUCE. For
purposes of the TDM Plan, as set forth in this Exhibit "M," the term "feasible" shall have the
meaning given that term in Section 21061.1 of the California Public Resources Code.
2.0 Performance Standard.
2.1 Average Vehicle Ridership Standard. Saint John's commits, through its TDM
Plan, to achieve a 1.5 average vehicle ridership (``AVR") during peak periods (AM and PM) by
November, 2013 ("AVR Standard"). In addition, within twelve (12) months following the date
Phase II of the Expo line is complete and operating as currently anticipated, the goal of St.
John's TDM Plan will be to achieve a 1.6 AVR. Saint John's failure to achieve the AVR
Standard will not constitute a default within the meaning of the Development Agreement so long
as Saint John's is taking all feasible steps to achieve compliance.
2.2 Determination of AVR. Chapter 9.16 of the Santa Monica Municipal Code shall
govern how AVR is calculated.
2.3 AVR Monitoring Requirement. As part of the annual periodic review for the term
of the Development Agreement, the City shall monitor Saint John's performance in attaining the
AVR Standard based on Saint John's annual ETRP.
2.4 Modifications to TDM Plan. If the AVR Standard is not reached and maintained,
the Planning Director, after consultation with Saint John's, may require feasible modifications to
the TDM Plan's provisions to achieve the AVR Standard. Saint John's agrees that such
modifications may require operation of a shuttle of the type described in Section 3.2.8 below,
without regard to the time limit set forth therein, to the extent such shuttle is feasible and the
Planning Director reasonably detemunes, after such consultation and consideration of other
feasible modifications, that Saint John's will otherwise be unable to achieve the AVR Standard
and that operation of the shuttle is appropriate to meet the AVR Standard. Such modification
shall be subject to approval as a Minor Modification.
3.0 TDM Plan Program Elements.
3.1 ETRP. Saint John's will continue to implement the trip reduction measures in its
Employee Trip Reduction Program ("ETRP"). These measures consist of the following:
3.1.1 Guazanteed/Emergency Return Trips. Saint John's employees who
carpool, vanpool, take transit, walk, or bicycle to work are eligible for a return trip (or up to the
point of commute origin), when there is a personal emergency situation, unplanned overtime,
inclement weather (forwalkers and bicyclists), or vehicle mechanical problem (return trip only).
The return trips aze accomplished by utilizing one or more of the following modes or options: a
company vehicle, taxi, mass transit, or a supervisor or co-worker.
3.1.2 Rideshare Matching Service. Saint John's provides a rideshaze matching
service to all employees using RideMatch (www.ridematch.info). Employees aze matched
during the monthly new hire orientation or on demand.
3.1.3 Preferential Parking. Saint John's provides all eligible employees with
preferential parking spaces to pazk their vehicles. There are 42 preferential parking spaces in
Saint John's-owned parking lots. Employees are eligible to receive preferential parking if they
participate in a carpool/vanpool in which at least 2 participants are Saint John's employees and
there is a minimum of 3 trips per week or 8 trips per month. Saint John's eligible employees'
vehicles are~identified through a card reader system that allows for continuous monitoring and
control.
3.1.4 Personalized commute assistance. Saint John's provides personalized
assistance including coordinating the formation of carpools/vanpools, assisting in identifying .
park & ride lots, assisting in identifying bicycle and pedestrian routes, assisting in providing
personalized transit routes and schedule information, and providing personalized follow-up
assistance to maintain participation in the commute program.
3.1.5 Transit Information Center. Saint John's provides a transit information
center that makes available general transit information.
3.1.6 Mass Transit -Free Passes. Saint John's provides free mass transit passes
valued at the price of a Metro EZ-Pass to all its employees upon request.
3.1.7 Vanpool Program. Saint John's provides all employees with a vanpool
program that is operated by a third-party. Saint John's provides a cash subsidy to its employees
who participate in the vanpool program. Saint John's fully subsidizes vanpool parking.
3.1.8 Direct Cash Subsidy. Saint John's provides all employees who participate
in the following alternative transportation methods, with the following cash subsidies:
(a) For participation in a 2-6 person carpool, walking, or bicycling,
$1.00 per day. These subsidies are disbursed quarterly.
(b) For participation in a vanpool, $75.00 per month.
(c) For use of mass transit, at least $60.00 per month (for employees
using the Big Blue Bus only), or $75.00 per month (for employees using the MTA only), or
$135.00 per month (for employees using both the Big Blue Bus and MTA).
3.1.9 Compressed Work Week. Saint John's has a written policy regarding
eligibility, participation and administration of its compressed work week program. Saint John's
employees participate in both 3/36 and 4/40 compressed work week schedules.
3.1.10 Reduced Pazking Charge for Carpools. Saint John's subsidizes fifty
percent (50%) of parking fees for employees who carpool.
.3.1.11 Incentives. Saint John's provides gift cazds/services/awards to all
employees who participate in the rideshaze program.
3.1.12 Rideshare Bulletin Board. A rideshaze bulletin is posted outside the
Human Resources department and in the Dining Court and updated on an as needed basis.
3.1.13 Focus Groups. Saint John's holds focus groups and/or rideshare meetings
for all employees to determine how to improve the program on an annual basis.
3.1.14 Rideshare Event. A rideshare promotional event is held annually, either
separately or as part of amulti-purpose event.
3.2 Additional Measures.
3.2.1 Employee Transportation Coordinator. Within 30 days of the First
Amendment's Effective Date, an Employee Transportation Coordinator ("ETC") shall be
designated by Saint John's as required by the City's Transportation Management Division in
accordance with Santa Monica Municipal Code Chapter 9.16. The ETC shall manage all aspects
of this TDM Plan and participate in City-sponsored workshops and information round tables.
The ETC shall participate in the Healthcaze District area TMA (see Section 3.2.2 of this Exhibit
"M") following its formation. The ETC shall be responsible for making available informational
materials on options for alternative transportation modes and opportunities. In addition, transit
fare media and day/month passes will be available through the ETC to employees and visitors
during typical business hours. In accordance with Santa Monica Municipal Code Chapter 9.16,
the ETC will be at the worksite and devote a minimum of fifteen hours per week to managing the
TDM Plan and related parking activities. The ETC will oversee the development,
implementation, and maintenance of all TDM Plan elements. The ETC will possess SCAQMD's
Employee Transportation Coordinator Training Certificate or its equivalent. The ETC will be
provided with sufficient work and secure storage space, administrative support, access to a
computer/printer, and telephone/fax services to perform his or her duties.
3.2.2 Transportation Management Association.
(a) Saint John's shall make a contribution to the City in the amount of
$35,000 to study the feasibility of forming a Transportation Demand Management Association
("TMA") in the Healthcare District within 90 days of receiving written notice from the City
requesting such contribution.
(b) Saint John's shall be a co-leader with the City of Santa Monica in
the creation and operation of a TMA including payment of its fair share of funding for
establishment and operation of the TMA. As part of the LUCE Update process, the City has
identified that a TMA should be established for the Healthcare District. TMAs would provide
employees, businesses, visitors and residents of an area with resources to increase the amount of
trips taken by transit, walking, bicycling, and ridesharing. Saint John's (e.g., as represented by
its ETC. or others) shall actively participate in the TMA, including attending organizational
meetings, providing traffic demand data to the TMA, and making available information to its
lessees relative to the services provided by the TMA. Saint John's may delegate any of its TDM
Plan requirements to the TMA (i.e., offer the required programs through the TMA instead of
directly as part of this TDM Plan). Saint John's may seek to modify the requirements in this.
Section 3.2.2, subject to the reasonable approval of the Planning Director as a Minor
Modification under the following circumstances:
If the TMA assesses dues or other charges that are not
proportional to square footage or number of employees;
providing;
If the TMA charges for services Saint John's is already
iii. If the TMA assesses annual dues over the average fee for
TMAs in the Los Angeles region; or
iv. If the TMA seeks to impose programs that Saint John's
believes would adversely affect Saint John's TDM Plan or its ability to achieve the AVR
requirement herein.
3.2.3 Bicycle Parkine And Showers. Saint John's will:
(a) Provide bicycle racks with capacity for 90 bicycles in a reasonably
convenient location (or locations) on the North Campus.
(b) Provide showers and lockers for use by bicyclists and/or walkers.
The showers and lockers are sited in locations that aze convenient for employee use. Access will
be controlled to secure use by employees.
(c) Provide a reasonable amount of space, not to exceed the amount of
squaze footage required for a regular vehicle parking space, at a reasonable parking area location
on site which is compatible with Saint John's operations, for a bicycle sharing program station in
conjunction with any bicycle sharing program instituted by the City or another operator. Saint
John's shall have no obligation to fund or operate any such program or to keep any space
available if no system is implemented by the City or other operator for a period on one year
beyond the commencement of operations of Phase 2 of the Exposition light-rail line into Santa
Monica. Saint John's shall have the right to relocate the area made available for such bicycle
sharing station from time to time so long as the new location continues to be of a similar size and
reasonably located given the requirements of the system.
3.2.4 Transit Information Center. Saint John's Transit Information Center will
augment its services, as necessary, within six months of the First Amendment's Effective Date to
include the following:
(a) Place Commute Transportation Information Display in the Dining
Court and Human Resource Department Offices. The display will show:
Maps, routes and schedules for public transit lines serving the
site;
ii. Materials publicizing Internet and telephone numbers for
referrals on transportation information;
iii. Promotional materials supplied by Metro, the Big Blue Bus
(BBB), and/or other publicly supported transportation organizations;
iv. Bicycle route and facility information, including
regional/local bicycle maps, bicycle safety information and information on the availability of free
lockers and the methods for obtaining these lockers; and
v. A listing of facilities at the site for carpoolers/vanpoolers,
transit riders, bicyclist and pedestrians, including information on the availability of preferential
carpooUvanpool parking spaces and the methods for obtaining these spaces.
(b) Create and maintain "How to Get To Saint John's Without Using
Your Car" website. This communication channel will provide transportation information and links
to existing transportation resources (e.g, transit information available from Metro and BBB). A page
for employees will be created and maintained.
(c) Incorporate material from the "How to Get To Saint John's Without
Using Your Car" web site into directions for getting to/from Saint John's that are posted on SJHC's
website.
(d) Create a printed version of the "How to Get To Saint John's without
Using Your Car" website and make it available to all Saint John's users.
(e) Communicate availability of publicly provided financial assistance for
transportation services to qualifying populations (e.g., disabled).
3.2.5 Carpool Program. Saint John's will continue to provide preferentially-
locatedparking spaces for carpool and/or vanpools to meet demand for such spaces. These
spaces will be provided in Saint John's-owned parking facilities. To the extent the need for
preferential parking spaces exceeds the current supply, designation of the additional carpool and
vanpool preferential parking spaces, over and above those that exist on the Effective Date of this
First Amendment, shall take place no later than one year after the Effective Date of this First
Amendment.
3.2.6 Enhanced Financial Incentives. Saint John's will enhance its financial
incentives to promote carpooling and alternative means of commuting within sixty (60) days of
the Effective Date of this First Amendment as follows:
(a) Offer employees that drive alone an additional $1.00 per day for
three months for using transit, carpooling vanpooling, bicycling, and/or walking. to work.
Employees must have driven to work in a single occupancy vehicle for a minimum of six months
prior to requesting the additional `No Drive' incentive payment. This incentive will be offered
on three occasions annually.
(b) Offer employees the opportunity to allocate pre-tax salary for
payment of vanpool, transit and parking fees as allowed trader IRS Section 132 guidelines.
(c) Offer reduced cost tune-ups to bicyclists semi-annually. This service
will be initiated after the opening of the main entrance to the D&T Center.
(d) Offer fmancial incentives that meet or exceed the value of cashing out
parking fees.
3.2.7 Telecommutina. Saint John's will explore the feasibility of increasing the
number of its administrative staff who work remotely rather than on-site. Saint John's will
increase the number of its administrative staff working remotely if and to the extent reasonably
feasible.
3.2.8 Light Rail Shuttle.
(a) Commencing within 180 days of the Expo light rail being
operational in Santa Monica, Saint John's shall operate a shuttle for its employees between Saint
John's and the Expo light rail's Memorial Park Station or, at the option of Saint John's, the
Bergamot Station. Saint John's will robustly market the shuttle to its employees and operate the
shuttle for at least fifteen (15) months.
(b) Saint John's may, in its sole and absolute discretion, allow
neighboring employers to use the shuttle for their employees, subject to reasonable compensation
and insurance protection.
(c) Saint John's will, after the first fifteen (15) months of operation
and in consultation with the City's Planning Director and others, assess the extent of shuttle
ridership and evaluate the feasibility of continuing the shuttle service. Whether or not Saint
John's continues the shuttle after fifteen (15) months shall, except as provided in Section 2.4
above, be within Saint John's sole and absolute discretion; provided, however, that if Saint
John's, the City Planning Director and other members of the TMA determine ridership justifies
continuation of the shuttle service, the shuttle shall thereafter be operated by the TMA and Saint
John's shall participate in funding to the extent of its fair share based on respective ridership.
(d) In no event shall Saint John's be obligated to operate such a shuttle
if either a TMA for the Healthcare District or the City operates a shuttle which would provide
duplicative shuttle service for Saint John's employees.
3.2.9 Transit Infrastructure Contribution. Saint John's shall make a $100,000
transit infrastructure contribution to the City to be specifically used for the construction
enhancements of the Memorial Park Station of Phase II of the Expo Line.
3.3 Lessees and Subleases. Any Saint John's leases for any portion of the Phase One
or Phase Two sites will notify the lessee of the Saint John's TDM Plan and require the lessee to
designate a contact person employed by such lessee to assist the ETC with (a) communications
concerning the TDM Plan, (b) annual employee travel surveys, (c) campaigns to promote use of
commute alternatives, and (d) provide transportation information to the lessee's employees. Any
such leases shall also require the same terms to be included in any subleases for any portion of
the Phase One or-Phase Two sites.
4.0 Modifications to the TDM Plan.
4.1 Saint John's-Initiated Changes To TDM Plan. Subject to approval by the
Planning Director, Saint John's may modify the TDM Plan provided the TDM Plan, as modified,
can be demonstrated to be equal or superior in its effectiveness at mitigating the traffic-
generating effects of improvements on the Campus Property.
4.2 City-Initiated Changes To TDM Plan. The City may make modifications to the
TDM Plan in accordance with Section 2.3 of this TDM Plan.
7
Approved and adopted this 12th day of July, 2011.
Ric rd Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2364 (CCS) had its introduction on June 28, 2011.,
and was adopted at the Santa Monica City Council meeting held on July 12,
2011, by the following vote:
Ayes: Council members: Holbrook, O'Connor; O'Day,
Mayor Bloom
Noes: Council members: None
Absent: Council members: McKeown, Shriver
Mayor Pro Tem Davis
A summary of Ordinance No. 2364 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, Cit 'Clerk