CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 1, 1998
An adjourned regular meeting of the Santa Monica City Council was called to order by Mayor
Pro Tem O'Connor at 6:20 p.m., on Tuesday, April 1, 1998, in the Council Chambers.
Roll Call: Present: Mayor Robert T. Holbrook (arrived at 7:15 p.m.)
Mayor Pro Tem Pam O'Connor
Councilmember Ruth Ebner
Councilmember Michael Feinstein
Councilmember Ken Genser
Councilmember Asha Greenberg
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CLOSED SESSIONS: At 6:20 p.m., Council adjourned to Closed Session with Mayor Holbrook
absent, to consider the following:
16-A: Conference with Legal Counsel - Existing Litigation: Steichen v. City of Santa Monica,
Case No. SC 041545.
ACTION: No reportable action taken.
16-B: Conference with Legal Counsel - Existing Litigation: Jerry Rubin v. City of Santa Monica,
Case No. CV 97-8786.
ACTION: No reportable action taken.
RECONVENE Council reconvened at 7:16 p.m., with all Councilmembers present.
PLEDGE Councilmember Greenberg led the assemblage in the Pledge of Allegiance to the Flag
of the United States of America.
SPECIAL ITEMS:
4-A: COMMENDATION TO THE OUTLOOK Mayor Holbrook presented a commendation
to Skip Rimer, Editor, and The Outlook staff for their contribution to the Santa Monica
Community.
RECESS On order of the Mayor, the City Council recessed at 7:35 p.m., and reconvened at 7:46
p.m., with all members present.
Discussion ensued about the expectation that the first item on the agenda would take a
considerable amount of time, and on whether to hear other items first.
Motion by Councilmember Feinstein, seconded by Councilmember Ebner, to hear Item No. 8-A
first on the agenda. The motion was unanimously approved by voice vote.
8: ORDINANCES:
8-A: GENERAL PLAN AMENDMENT TO MODIFY THE HOSPITAL AREA SPECIFIC
PLAN (SAINT JOHN'S HEALTH CENTER): Staff presented the staff report recommending
adoption of a resolution making the CEQA findings necessary to approve the Development
Agreement; adoption of a Statement of Overriding Considerations and adoption of a Mitigation
Monitoring Plan; adoption of a resolution amending the Land Use and Circulation Element and a
resolution amending the Land Use Map of the General Plan; adoption of a resolution amending
the Hospital Area Specific Plan and a resolution amending the Hospital Area Specific Plan Land
Use Map of the General Plan; and introduction and first reading of an ordinance adopting the
proposed Development Agreement between the City and Sisters of Charity of Leavenworth
Health Services Corporation, which includes approval of the Phase I project plans. (Continued
from March 24, 1998, public hearing closed.)
Staff Report
Terrance Muldoon, representing Saint John's Hospital, highlighted the areas of disagreement
between Saint John's and staff relating to the General Plan Amendment.
Discussion ensued regarding concerns raised by residents at the public hearing, including but not
limited to the request that St. John's include funding for school nurses, the expansion of St.
John's childcare program proposed by staff, and replacement housing. Staff answered questions
of Councilmembers.
Motion by Councilmember Ebner, seconded by Councilmember Greenberg, to adopt the
Statement of Overriding Considerations.
Motion by Councilmember Genser, seconded by Councilmember Feinstein, to table the motion.
The motion was approved by voice vote, Councilmember Ebner opposed.
The following issues were discussed:
Assistant City Attorney Barry Rosenbaum read new language to replace existing Section 3.14.1 as
follows: "Saint John's currently has ten rental dwelling units located at 1417-1423 21st Street.
Saint John's shall have the following options with regard to this housing: a. Maintain the existing
dwelling units; b. Replace the existing dwelling units by building ten new residential units on the
south campus; c. Obtain a removal permit from the Santa Monica Rent Control Board. In
addition, that Section 3.14.2 be modified to provide that Saint John's development of senior
housing, assisted living, or multi-family rental housing as part of Phase II shall constitute
replacement housing for purposes of the requirements of Section 3.14.1(b) so long as at least ten
new residential units are constructed
It was the consensus, including St. John's representatives, to include in Sections 2.2.8, 2.6.8, and
the last paragraph on page 11, language to the effect that each of the adjustments shall be as
determined by the Director of Planning.
There was discussion regarding adding funding in agreement for future sound mitigation measures
and clarification on the program fees for child care.
RECESS On order of the Mayor, the City Council recessed at 9:27 p.m., and reconvened at
10:15 p.m., with all members present.
Deputy City Attorney Barry Rosenbaum read proposed language to use in the agreement in the
event that St. John's should sell to a non-profit during the term of the agreement.
Motion by Councilmember Greenberg, seconded by Councilmember Ebner, to approve the Development Agreement with the changes discussed to:
Include the language on page 3 of the Supplemental Report relating to Saint John's Child Care
Program, Section 1.8.1(d)(iv): "Program fees paid by parents shall be comparable to the fees
charged by other full-day non-profit infant/toddler and pre-school programs in the City of Santa
Monica;"
Include in Section 1.7.1(a)(viii): "If at any time during the term of this Agreement, the State does
not require reporting of community benefits for non-profit Catholic hospitals and all non-profit
hospitals and Section 1.7.1(a)(vii) does not apply, then Saint John's minimum level of community
benefit shall be equivalent to the level of community services which Saint John's last reported to
the City utilizing the criteria established in Section 1.7.1(a)(v) or the average benefit level over the
previous five years, whichever is higher, including, but not limited to, sustaining the level of
indigent care and the unreimbursed cost of government programs. The requirements of this
Section 1.7.1(a)(viii) shall not apply if the California Attorney General has established a charitable
trust pursuant to Corporations Code Section 5914 et seq., or subsequent legislation, which
ensures an equivalent level of community services as would otherwise be established by this
Section 1.7.1(a)(viii);"
Include an amendment to Section 1.7.1(b)(iii) to stipulate an annual adjustment of two percent
(2%) compounded annually.
After discussion, it was the consensus of Council to hold on voting on this motion until all the
appropriate amendments are made.
Motion by Councilmember Rosenstein, seconded by Councilmember Feinstein, to amend the
motion that instead of specifying two nurses, amend wording in Section 1.7.1(b)(iii) as follows:
"...established as $618,000. In addition to the $618,000, Saint John's shall provide a minimum of
$114,000, in cash or in-kind services by mutual agreement of St. John's and the school district,
per year to the Santa Monica-Malibu School District for health programs as an enhancement to
the existing level of programming provided by the District. This amount shall not supplant the
programs currently underway.
Motion by Councilmember Feinstein, seconded by Councilmember Genser, to continue the
meeting past 11:00 p.m. The motion was unanimously approved by voice vote.
The above amendment was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Greenberg, Rosenstein, Mayor Pro Tem O'Connor
Noes: Councilmember Ebner, Mayor Holbrook
Absent: None
Councilmember Ebner requested that the record reflect that if this money is provided by Saint
John's she does not believe that there will be two new nurses in the schools in Santa Monica.
Mayor Holbrook requested that the record reflect that he believes it is a real possibility that this
will be a deal breaker and the City may lose Saint John's Hospital.
Motion by Councilmember Genser, seconded by Councilmember Feinstein, to amend the motion
to define the housing policy as follows: With regard to the existing ten units on the property, Saint
John's would have the following three options:
1. Maintain existing rental housing;
2. Obtain a removal permit from the Santa Monica Rent Control Board for that housing and adhere to the conditions contained therein;
3. Provide ten units of rental housing on-site, two of which would be deed-restricted affordable,
in language that would mirror the language in the Rent Control Charter relating to 15%
affordability. If the replacement units on-site are not in the form of senior housing or assisted
living housing as spelled out in the Development Agreement, the conditional ten rental units
would not count as additional floor area for the hospital campus.
Saint John's voiced their opposition to the motion on the floor and provided alternative language
that authorizes off-site units within a 2,000-foot radius of the campus with all ten being deed-restricted affordable.
RECESS On order of the Mayor, the City Council recessed at 11:15 p.m., and reconvened at
11:24 p.m., with all members present.
The pending motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor
Noes: Councilmembers Ebner, Greenberg, Mayor Holbrook
Absent: None
Councilmember Greenberg requested that the record reflect that she voted "no" on this item
because Saint John's would give the City more affordable housing than the approved motion did.
Councilmember Ebner and Mayor Holbrook requested that the record reflect the same sentiments
as expressed by Councilmember Greenberg.
Councilmember Ebner excused herself from the meeting at 11:55 p.m.
Motion by Councilmember Rosenstein, seconded by Mayor Pro Tem O'Connor, to amend the
motion that the agreement be modified to include the remaining differences that the Child Care
Task Force has asked for, as outlined by Ms. Stinchfield earlier, the essence of which being the 84
spaces of full day child care should be provided and therapeutic pre-school should not be counted
as part of this; that one-third of the 84 spaces be devoted to infants and toddlers; instead of a
dollar amount as the subsidy for low-income parents, that the requested phrase from the Child
Care Task Force that no less than twenty-five percent of the total tuition generated if all the
parents paid full tuition, should be set-aside as tuition subsidy so that it would escalate based on
the cost of the program. The motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor
Noes: Councilmembers Greenberg, Mayor Holbrook
Absent: Councilmember Ebner
Councilmember Greenberg excused herself from the meeting at 12:00 a.m.
Motion by Councilmember Genser, seconded by Councilmember Rosenstein, to amend the motion
to allow the City to require the expenditure of up to $100,000, at the discretion of the City, as a
one time only expenditure, if it is in the judgment of the City that significant sound improvements
beyond the standards in the noise ordinance will be achieved for nearby residents. The motion
was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor
Noes: Mayor Holbrook
Absent: Councilmembers Ebner, Greenberg
Mayor Holbrook requested that the record reflect that he voted "no" on the above amendment
because the term "significant" is not defined.
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to adopt
Resolution No. 9251(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA MAKING THE CEQA FINDINGS NECESSARY TO APPROVE
THE SAINT JOHN'S HEALTH CENTER DEVELOPMENT AGREEMENT, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION
MONITORING PLAN," reading by title only and waiving further reading thereof. The motion
was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: Councilmembers Greenberg, Ebner
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to adopt
Resolution No. 9252(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE LAND USE AND CIRCULATION
ELEMENT OF THE GENERAL PLAN OF THE CITY OF SANTA MONICA," reading by title
only and waiving further reading thereof. The motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: Councilmembers Ebner, Greenberg
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to adopt
Resolution No. 9253(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE LAND USE MAP OF THE GENERAL PLAN
OF THE CITY OF SANTA MONICA," reading by title only and waiving further reading thereof.
The motion was approved by the following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: Councilmembers Greenberg, Ebner
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to adopt
Resolution No. 9254(CCS) entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AMENDING THE HOSPITAL AREA SPECIFIC PLAN LAND USE MAP OF THE
GENERAL PLAN ," reading by title only and waiving further reading thereof. The motion was
approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: Councilmembers Ebner, Greenberg
Motion by Councilmember Feinstein, seconded by Mayor Pro Tem O'Connor, to adopt
Resolution No. 9255(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE HOSPITAL AREA SPECIFIC PLAN OF THE
GENERAL PLAN OF THE CITY OF SANTA MONICA," was passed, approved, and adopted,
reading by title only and waiving further reading thereof. The motion was approved by the
following vote:
Ayes: Councilmembers Feinstein, Genser, Rosenstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: Councilmembers Greenberg, Ebner
Motion by Mayor Pro Tem O'Connor, seconded by Councilmember Feinstein, to introduce and
hold first reading of an ordinance approving the Development Agreement between the City of
Santa Monica and Sisters of Charity of Leavenworth Health Services Corporation, reading by title
only and waiving further reading thereof, as amended and including technical amendments. The
motion was approved by the following vote:
Ayes: Councilmembers Rosenstein, Genser, Feinstein, Mayor Pro Tem O'Connor, Mayor Holbrook
Noes: None
Absent: Councilmembers Ebner, Greenberg
9: STAFF ADMINISTRATIVE ITEMS:
9-A: WOODLAWN CEMETERY ACTION PLAN: The recommendation to approve the
Action Plan in order to increase the future financial viability of Woodlawn Cemetery was
continued to the meeting of April 14, 1998.
Staff Report
9-B: PROPOSED COUNCIL RULES REGARDING TRAVEL AND RESOURCES
AVAILABLE: The recommendation that Council consider and adopt the proposed resolution
regarding Council travel, staff assistance, and other resources available, was continued to the
meeting of April 14, 1998.
Staff Report
13: WRITTEN COMMUNICATIONS:
13-A: AMENDMENT OF EXPIRATION DATE FOR APPROVED HEALTH CARE
REPLACEMENT FACILITIES: Presented was the request of Eileen Hecht to address Council
regarding amending the expiration date for Approved Health Care Replacement Facilities under
Ordinance No. 1875 (The Earthquake Recovery Act).
Motion by Councilmember Genser, seconded by Councilmember Rosenstein, to request staff to
return to Council within the appropriate time frame with the proper ordinance, whether it be
emergency or standard, to effect an amendment to the expiration date with the recommendation
of staff as to the appropriate length of time. The motion was unanimously approved,
Councilmembers Ebner and Greenberg absent.
13-B: PROBLEMS ON THE BEACH BIKE PATH AND POSSIBLE SOLUTIONS: The
request of Peter Goldfinger to address Council regarding problems on the beach bike path and
possible solutions was continued to the meeting of April 14, 1998.
14: COUNCILMEMBER ITEMS:
14-A: HOUSING COMMISSION VACANCY: The appointment to the Housing Commission
for one unscheduled vacancy for a term ending June 30, 2001, was continued to the meeting of
April 14, 1998.
14-B: COMMISSION ON OLDER AMERICANS VACANCY: The appointment to the
Commission on Older Americans for one unscheduled vacancy for a term ending June 30, 2000,
was continued to the meeting of April 14, 1998.
14-C: COMMISSION ON THE STATUS OF WOMEN VACANCY: The appointment to the
Commission on the Status of Women for one unscheduled vacancy for a term ending June 30,
1999, was continued to the meeting of April 14, 1998.
14-D: LOS ANGELES COUNTY WEST VECTOR CONTROL VACANCY: The
appointment to the Los Angeles County West Vector Control for one vacancy for a term ending
December 31, 1999, was continued to the meeting of April 14, 1998.
14-E: SUPPORT OF AB1368 AND SB1857: The request of Councilmember Genser that the
City Council support AB1368 and SB1857 was continued to the meeting of April 14, 1998.
14-F: RESIGNATION FROM CONVENTION AND VISITORS BUREAU: The
recommendation to accept the letter of resignation from Rick Olshansky from the Convention and
Visitors Bureau and authorization for the City Clerk to publish the vacancy was continued to the
meeting of April 14, 1998.
15: PUBLIC INPUT: Member of the public Brian Hutchings expressed his concern about
various issues.
ADJOURNMENT: On order of the Mayor, the City Council meeting was adjourned at 12:41
a.m., to April 14, 1998, at 6:15 p.m., in memory of Richard Campbell.
ATTEST: APPROVED:
Maria M. Stewart,
City Clerk
Robert T. Holbrook,
Mayor