EXHIBIT C
34 EXHIBIT C
35 8
Attachment 2
PROJECT MILESTONES
The following shows an indicative timeline of key milestones:
Final drawings for building permits submitted to the City of Marina by July 18, 2024. Site work to commence by August 18, 2024, subject to the necessary permit approvals by the City of Marina.
Substantial completion of Project by October 1, 2025. Final inspection of the Project by December 1, 2025.
EXHIBIT C
36 9
Attachment 3
EXHIBIT “F-2”
MEMORANDUM OF LEASE
WHEN RECORDED RETURN
TO:
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Attn: Deputy City Clerk
APN: 031-112-001-000, a portion
SPACE ABOVE THIS LINE FOR RECORDER’S USE
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is entered into as of June __, 2024, by and between CITY OF MARINA, a California muni cipal corporation (the “City ”), and JOBY AERO, INC., a corporation of the State of Delaware registered to do business in California (“Joby”).
WHEREAS, the City and Joby en tered into that certain Leas e dated February 16, 2020 (the “Original Lease”), as amended by that certain First Amendment to Ground Lease dated June __, 2024 (as amended, the “Lease”) relating to that certain real property consisting of a portion of APN031-132-001-000 , in Monterey County, California, and as more particularly described in Attachment 1 attached hereto and incorporated herein by this reference (the “Premises”), and
WHEREAS, the City and Joby wish to memorialize of record th e existence of the Lease, and certain specific terms thereof.
NOW THEREFORE, in consideration of the Lease and other good and valuable consideration, the parties agree as follows:
1. The City and Joby are parties to the Lease pursuant to which the City has demised and leased the Premises to Joby, for an initial term of forty (40) years, which shall commence on February 16, 2020.
EXHIBIT C
37 10
2. Reference is made to the Lease for a full statement of the terms and conditions of the Lease, all of which are hereby incorporated by reference.
3. Nothing in this Memorandum shall be constr ued to amend, modify, change, alter, amplify, interpret or supersede any of the terms and provisions of the Lease, which shall in all things control.
4. This Memorandum and the Lease shall be gove rned by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have duly executed this instrument as of the day and year first written.
THE CITY:
CITY OF MARINA,
a California municipal corporation
By:____________________________
Attest:
By:_______________________________
Approved as to Form:
By:_______________________________
City Attorney
JOBY AERO, INC:
a Delaware corporation
B y :
JoeBen Bevert, Chief Executive Officer
EXHIBIT C
38 11
1773155.4
EXHIBIT C
39 May 28, 2024 Item No: 13e
Honorable Mayor and Members City Council Meeting of of the City Council June 18, 2024
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2024 -,
APPROVING MINOR MODIFICATION S TO THE ADOPTED
OBJECTIVE DESIGN STANDARDS (ODS) AS REQUESTED BY CITY
COUNCIL AT ITS MARCH 19, 2024, MEETING . THE MODIFICATIONS PERTAIN TO WINDOW PLACEMENT AND AWNING MATERIALS.
THE PROPOSED MODIFICATIONS ARE EXEMPT FROM
ENVIRONMENTAL REVIEW PER SEC. 15378 OF THE CEQA
GUIDELINES.
REQUEST: It is requested that the City Council consider:
1. Adopting Resolution No. 2024-, approving the minor modifications to the adopted Objective Design Standards (ODS) as described in EXHIBIT A
BACKGROUND:
On March 19, 2024, the City Council adopted the ODS and related Marina Municipal Code (MMC) and General Plan amendments necessary to implement the standards for qualifying projects. At this meeting, Council members requested that staff and the consultant consider modifying Section 1.3.1 pertaining to Site Design and, specifically, window placement offsets to improve privacy in cases where residential developments have no or very minimal setbacks from neighboring residential development. The Council also requested that fabric awnings be removed as an allowed material in Sec. 1.3.2.K.7. The Memo prepared by the City’s ODS consultant, Raimi+Associates (R+A), dated May 24, 2024, is included as Exhibit A to the Resolution and describes how these proposed modifications were addressed in further detail.
ANALYSIS:
In brief, the R+A Memo:
1. Amends Sec. 1.3.1.A.2 to reference a modified Figure 4 and a new Figure 5 which specify window placement standards for upper stories between 5 and 10’ of a property line and less than 5’ of a property line, respectively;
2. The Memo notes that a <5’ setback is not allowed in the MMC except for possibly as part of a Planned Unit Development (PUD);
3. The amended and new figures assume these horizontal offsets only for upper floors as a 6’ fence is allowed separating properties and typically blocking views to neighbor windows from the ground floor;
4. The Memo provides an amendment to Sec. 1.3.2.K.7.e suggesting that heavy canvas be allowed as an affordable option, but that fabric awnings be eliminated as an allowed awning material; and
5. These changes do not require amendments to either the MMC or the General Plan.
CONCLUSION:
Staff requests that the Council adopt the proposed Resolution and direct staff to make the changes to the final ODS . Staff notes that there is no further budget available for this contract and that additional changes or amendments to the ODS will require a contract amendment and additional budget.
1 Respectfully submitted,
_________________________
Alyson Hunter, AICP
Interim Planning Manager
Community Development Dept.
City of Marina
REVIEWED/CONCUR:
___________________________
Guido F. Persicone, AICP
Community Development Director
City of Marina
___________________________
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL AMENDING SECTIONS 1.3.1.A.2 AND
1.3.2.K.7 OF THE OBJECTIVE DESIGN STANDARDS (ODS) ADOPTED MARCH 19, 2024. THE MODIFICATION OF THESE OBJECTIVE DESIGN STANDARDS IS EXEMPT FROM ENVIRONMENTAL REVIEW PER SEC. 15378 OF THE CEQA GUIDELINES.
WHEREAS, the City of Marina (City) adopted Objective Design Standards (ODS) on March 19, 2024, but requested that staff return with a modification to the window placement offsets section (Sec. 1.3.1.A.2) and remove fabric as an allowed awning material from Sec. 1.3.2.K.7 of the ODS;
WHEREAS, staff and the City’s consultant, Raimi+Associates (R+A) considered these requests and provide solutions in the Memo dated May 24, 2024, and included herein as Exhibit A; and WHEREAS, adoption of these minor modifications to the ODS do not trigger amendments to either the Marina Municipal Code (MMC) or the General Plan and will not result in a significant negative impact to the environment. Therefore, this action is exempt from environmental review per Section 15378 of the California Environmental Quality Act (CEQA) Guidelines.
NOW THEREFORE, BE IT RESOLVED that the City Council does hereby:
1. Find that the foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
2. Determine the proposed minor modifications to the ODS are exempt from the California Environmental Quality Act pursuant to CEQA Guideline Section 15378.
3. Adopt the amendments to the ODS, as set forth hereto in Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 18th day of June 2024, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
___________________________
Bruce Delgado, Mayor
ATTEST:
_________________________
Anita Sharp, Deputy City Clerk
3 BERKELEY
1900 Addison Street, Suite 200, Berkeley, CA 94704
510.666.1010
LOS ANGELES
448 South Hill Street, Suite 512, Los Angeles, CA 90013 213.599.7670
Memo
May 24, 2024
To:
From:
Subject:
Alyson Hunter, AICP, Planning Services Manager, City of Marina Simran M
alhotra and Alessandra Lundin, Raimi + Associates
Potential Modifications to the Objective Design Standards document At the City Council hearing for the Objective Design Standards on March 19, 2024, the City Council directed City staff and the consultant team to examine the privacy issue that emerges when buildings are located very close to or at the property line. Following the hearing, City staff was also asked to make modifications related to awning materials. Both these topics are discussed in this memo.
Privacy Concerns when Buildings are Located Close to or at the Property Line Section 1.3.1.A.2 in the Objective Design Standards document addresses the topic of Window Placement. The minimum side setback for residential zones is 5 feet and this standard requires a 3-foot offset between windows if a building is placed within 10 feet of the property line. (See Figure 4 in the ODS).
While zero-setback buildings are not permitted by right in the city except possibly as a part of a Planned Development permit, the following modifications are recommended to address privacy concerns when buildings are located close to or at the property line.
The following page illustrates the recommended changes:
1.3 Multi -Family Residentia l and Residentia l Mixed- Use (3+ stories) This section applies to attached multi-family building types three stories and higher, including courtyard housing, low-rise and mid-rise multi-family stacked dwellings, and both horizontal and vertical mixed-use developments (residential units stacked above ground-floor commercial).
1.3.1 Site Design
A. Neighborhood Transitions and Privacy.
1. Transition to Lower Density Building Types. When a building has a rear and/or interior side property line abutting a single-family residential zoned parcel, starting above the third floor, each subsequent floor shall be stepped back by 15 feet for every two floors.
Figure 3
. Transitions to Lower Density Building Types
EXHIBIT A
5 CIty of Marina Objective Design Standards
2. Window Pl
acement. When a new building is located within 10 feet of a side property line, windows on the building shall be oriented to avoid a direct line of sight into adjacent residential buildings or property. Windows shall be offset a minimum of three feet horizontally from windows of the nearest residential building on the adjacent property to maximize privacy. (See Figure 4). If a new building is located within five feet of a side property line, windows shall be offset a minimum of five feet horizontally from windows of the nearest residential building on the adjacent property to maximize privacy. (See Figure 5). This requirement is waived if the window i s to a non-habitable room such as a bathroom or closet and has frosted or privacy glass.
EXHIBIT A
6 CIty of Marina Objective Design Standards
Figure 4. Window Placement Standard for Upper Stories (between 5 and 10 feet of property line) Figure 5. Window Placement Standard for Upper Stories (less than 5 feet of property line)
EXHIBIT A
7 CIty of Marina Objective Design Standards
Awning Materials
Section 1.3.2.K.7 in the Objective Design Standards document addresses the topic of materials for awnings and canopies. The concern raised was regarding how long these awnings last.
Acrylic is a synthetic material that is moisture-wicking and water-repellant. These are also long- lasting. However, acrylic awnings can cost up to ten times the cost of canvas awnings.
Canvas awnings typically last 8-12 years, with heavier-weight canvas awnings lasting longer and weathering wind, snow, and hail. Ongoing maintenance is necessary to keep canvas awnings looking good. We suggest continuing to allow canvas awnings to provide a lower-cost option for Marina business owners.
The following text illustrates the recommended changes:
1.3.2 Building Design
K. Ground Floor Design – Retail/Commercial
7. Awnings and Canopies.
e. Awnings and canopies shall be make made of fabric, canvas, acrylic, glass, wood (synthetic or weather treated), metal, or a combination of such materials. Fabric, vVinyl and plastic awnings are prohibited.
EXHIBIT A
8 City of Marina Potential
General Obligation Bond
Measure Discussion
Tuesday, June 18, 2024
Agenda Item: 13f
City Facilities to replace
(estimates)
Fire Station - $16 million
Community Center (Council Chambers, Senior Center,
Recreation facilities, City offices) - $29 million
Police Station - $17.5 million
Sports and Aquatics centers - $18 million
Total estimated cost - $80.5 million
Agenda Item: 13f
Estimated Cost to Property Owner
$50 million bond
$4.56 per month ($55 annually) per $100,000 assessed value Average homeowner cost $24/month, $272 annually
$60 million bond
$5.45 per month ($65 annually) per $100,000 assessed value Average homeowner cost $27/month, $325 annually
$75 million bond
$6.82 per month ($82 annually) per $100,000 assessed value Average homeowner cost $34/month, $407 annually
Agenda Item: 13f
Why are new facilities needed?
Fire Station
2nd Fire station needed to service new growth area and meet critical medical & fire response times
Fire ladder truck
Commercial structures, multi-story apartments
Agenda Item: 13f
Why are new facilities needed?
Community Center
Existing facility almost 50 years old
Deteriorating, ADA non-compliant
Safety and security issues
Repair cost approaching new construction cost
Agenda Item: 13f
Why are new facilities needed?
Police Station
Existing facility over 20 years old
Does not meet growing public safety needs of community Repair cost approaching new construction cost
Agenda Item: 13f
Why a General Obligation Bond?
Mechanism that provides a way for local governments to raise money for facility and infrastructure projects
Typically, local governments do not have sufficient
revenues to fund these types of projects
Paying for public assets over time provides for
“intergenerational equity”. The users of a facility will pay their fair share over time
Agenda Item: 13f
Funding Sources
Park Development –$27 million
Dunes City Park - $10 million
Glorya Jean Tate Park - $8 million
Preston Park - $6.5 million
Sea Haven Park - $1.8 million
Windy Hill Park - $1 million
Agenda Item: 13f
Funding Sources
FORA and Escrow Bond $15 million
Blight removal & renovation of former Fort Ord buildings (Aquatics and Sports Centers)
Imjin Road Widening - $50 million
State and Federal Grants
Agenda Item: 13f
Funding Sources
City-wide Street Repair and Reconstruction - $13 million Measure-X leveraged for a revenue bond
Land Sales, Dunes Phases 2 & 3 - $14 million
Del Monte Blvd. (Reindollar to Reservation) - $4 million Capital projects, infrastructure, downtown
improvements - $8 million
Agenda Item: 13f
Public Opinion Survey
FM3 Research will be conducting a new public opinion
like previous survey conducted in 2022
Begins mid-June
Survey results to be shared with City Council on July 2nd Quality of life
Need for additional City facilities
Support for additional funds to provide services
Support for GO bond at different levels
Public outreach, education and engagement critical
Agenda Item: 13f
Public Opinion Survey
As of June 4:
130 responses to online survey
94 mail-in responses to online survey
Survey results to be shared with City Council on July 2nd Agenda Item: 13f
Next Steps
Mid to late June: 3rd resident mailer going out
June/July: Stakeholder outreach
Resolution of Necessity, Ordinance, and Resolution with ballot language
July 23rd or July 30th Special City Council meeting
August 7th meeting: Adoption by City Council to file ballot measure
Agenda Item: 13f
Next Steps
August 9: Last day for City to file local measure with County Registrar of Voters
August 10-15: Period to file primary arguments supporting or opposing measure
August 15: Last day to file impartial analysis
August 16-22: Period to file rebuttal arguments
Source: Monterey County Elections Department Calendar - November 5, 2024 General Election Key Dates Agenda Item: 13f
June 4, 2024 Item No. 13g
Mayor and Members of the City Council Meeting
City Council of June 18, 2024
CITY COUNCIL TO RECEIVE AN INFORMATIONAL UPDATE ON THE
MOBILE VENDING ORDINANCE. THE UPDATE IS NOT A PROJECT
UNDER CEQA PER SECTION 15378 OF THE CEQA GUIDELINES.
REQUEST:
That the City Council receive a brief informational update on the status of the Mobile Vending Ordinance adopted on December 5, 2023. No action is required at this time.
BACKGROUND:
On September 28, 2023, the Planning Commission adopted Resolution 2023 -18 recommending the City Council adopt an ordinance to codify regulations for mobile food vending and sidewalk vending. On December 5, 2023, the City Council adopted Ordinance No. 2023 -15 to the Marina Municipal Code (MMC) adding Chapter 10.46 1 – Mobile Food Vending and Sidewalk Vending to Title 10 of the MMC.
UPDATE:
Applications for New Licenses. After adoption of the ordinance, staff sent an email to each of the 70± food businesses with active business licenses to let them know this service was now available. Even with this outreach , the City has not received any applications for a Mobile Food or Sidewalk Vending license and very few inquiries. Staff will continue to provide outreach through direct contact and social media.
Sidewalk Vending Enforcement. There are, from time to time, unlicensed sidewalk vendors operating in parking lots and on sidewalks throughout the City. They are contacted by our Code Enforcement Officer , who is bilingual in Spanish and English, and notified that both a City business license and a sidewalk vending license are required for them to operate, but none have endeavored to obtain the required license. When contacted, they typically pack up and leave that location only to relocate somewhere else. Per the Code, unlicensed operators are subject to enforcement under MMC Chapters 1.08, 1.10 and 1.12. Our code enforcement officer provides each sidewalk vendor with a handout in English and Spanish with a QR code link to the City’s website.23 The Community Development Department (CDD) has not received any complaints from residents or store management (including Walmart) about sidewalk vending.
As a result of not having issued any licenses, there is no update on the specific items that the Council stated that it would like to track at its December 2023 approval hearing:
- Require mobile vendors to put a “No Smoking Sign” on their trucks - Notify all brick-and-mortar restaurants of this new ordinance (done) - Monitor if there is an over concentration of the vendors in one section of the community - Conduct outreach to interested vendors (ongoing through web/social media posts) - Examine impact of regulations on brick and mortar businesses - Allow mobile vendors in the south park area of the Dunes 1 https://marina.municipal.codes/Code/10.46
2 https://www.cityofmarina.org/DocumentCenter/View/14476/Sidewalk-Vendor-Application?bidId= 3 https://www.cityofmarina.org/DocumentCenter/View/14477/Sidewalk-Vendor-Application---Spanish---05-14- 2024?bidId=
1 Restrictions/Constraints in Ordinance Inhibiting Applications . Council members have expressed a concern that the ordinance may be too complicated or burdensome for applicants. As staff have not received inquiries from potential applicants, it is difficult to gauge whether or not this is an issue. The food service licensing through the County is very complicated and is likely more of a burden to prospective mobile food vendors. The City’s ordinance is very similar to the City of Monterey’s and staff considered several other jurisdictions’ ordinances. The City’s application to locate within the public road right -of-way is inexpensive and simple, but all require several food safety and service license from the County’s Environmental Health, Consumer Health Protection Division4.
CONCLUSION:
Staff will continue to advertise on the City’s website , social media, and other available platforms that mobile food vending is allowed in the City of Marina and monitor establishments for the items of interest above.
Respectfully submitted,
______________________
Alyson Hunter, AICP
Planning Services Manager
City of Marina
REVIEWED/CONCUR:
______________________
Guido Persicone, AICP
Community Development Director
City of Marina
Layne Long
City Manager
City of Marina
4 https://www.countyofmonterey.gov/government/departments-a-h/health/environmental-health/consumer-health- protection
2