The following segments have been reviewed and revised per the comments collected from the Public Works Commission on 5/1 and City Council on 5/6 and are summarized as follows:
Segment 4: Del Monte Boulevard – From Reservation Road to Beach Road Commissioner Hunt recommended reducing the speed limit from our initial recommendation of 35 mph to 30 mph. The existing posted speed limit for this segment is 40 mph and the observed 85th percentile speed is 42 miles. This segment can be classified as a ‘Safety Corridor’ and a further reduction of 5 mph can be applied, resulting in revised recommended speed limit of 30 mph (a 10-mph reduction from existing posted speed limit).
Segment 7: Reservation Road – From Beach Road to Del Monte Boulevard The existing posted speed limit along this segment is 30 mph and the observed 85 th percentile speed limit is 33.15 mph. This segment of the road is classified as an Arterial with good visibility, and the collision rate is below the Statewide average. The segment also cannot be designated as a safety corridor, and the 30 mph speed limit set by the 2020 Engineering & Traffic Survey was already a reduction from the original 35 mph previous to that study. The recommendation is to maintain the 30 mph speed limit.
The City by Ordinance can adopt a lower speed limit for th is segment, however, if the speeding tickets are challenged in court, the City may have difficulty defending the lower speed limit, which cannot be backed by the E&TS study.
Segment 10: Reservation Road – From California Avenue to Salinas Avenue Commissioner Felton recommended reevaluating this segment to see whether further reduction in speed limit is possible to 40 mph. The existing posted speed for this segment is 45 mph and the observed 85th percentile speed is 51 mph. Our initial recommendation for this segment was to maintain the existing posted speed limit of 45 mph.
The land use characteristics changes from vacant land (i.e., along Roadway Segment No. 11:
Reservation Road – From Salinas to Imjin Parkway) to industrial/residential adjacent to this segment. Using this change in land use characteristics, the City can adopt a lower speed limit by ordinance to 40 mph, a 5-mph reduction in speed limit.
Segment 11: Reservation Road – From Salinas Avenue to Imjin Parkway The existing posted speed limit along this segment is 55 mph and the observed 85th percentile speed limit is 57 mph. Our initial recommendation was to maintain the existing posted speed limit of 55 mph. This segment is in between Roadway Segment No. 12 (Reservation Road – From Imjin Parkway to Blanco Road) where the recommended speed limit is 55 mph and Roadway Segment No.10 (Reservation Road – From California Avenue to Salinas Avenue) where the revised recommended speed is 40 mph (see above bullet).
EXHIBIT C
TO STAFF REPORT
To have gradual reduction in speed from 55 mph to 40 mph, which is a 15-mph reduction, it is recommended that the speed limit for Roadway Segment No. 11 is revised from 55 mph to 50 mph. This reduction is speed limit can be achieved using AB 43 guidelines.
Segment 25: California Avenue – From Carmel Avenue to Reindollar Avenue The existing posted speed limit along this segment is 25 mph and the observed 85th percentile speed limit is 32 mph. Our initial recommendation was to increase the speed limit to 30 mph to reflect the street characteristics (i.e., Collector). Following our City Council meeting on 5/6, Mayor/Council Members recommends maintaining the existing speed limit of 25 mph.
Therefore, the revised speed limit recommendation for this segment is to maintain the existing posted speed limit of 25 mph.
Segment 44: Abrams Drive – From Imjin Parkway (West) to Preston Drive The existing posted speed limit along this segment is 25 mph and the observed 85th percentile speed limit is 35.15 mph. Our initial recommendation was to increase the speed limit to 30 mph to reflect the street characteristics (i.e., Collector). Following our City Council meeting on 5/6, Mayor/Council Members recommends maintaining the existing speed limit of 25 mph.
It should be noted that for Segment 44 was not included in the previous ‘Engineering & Traffic Survey (E&TS)’ study in 2020, as this segment was not fully constructed. Therefore, ‘CVC Section 22358.8’ as identified in AB 43, which allows local authorities to retain current speed limit or restore immediately prior speed limit, cannot be used. The City by Ordinance can adopt a lower speed limit for these segments, however, if the speeding tickets are challenged in court, the City may have difficulty defending the lower speed limit, which cannot be backed by E&TS study.
Segment 45: Marina Heights Drive – From California Avenue to Imjin Parkway The existing posted speed limit along this segment is 25 mph and the observed 85th percentile speed limit is 34 mph. Our initial recommendation was to increase the speed limit to 30 mph to reflect the street characteristics (i.e., Collector). Following our City Council meeting on 5/6, Mayor/Council Members recommends maintaining the existing speed limit of 25 mph.
It should be noted that for Segment 45 was not included in the previous ‘Engineering & Traffic Survey (E&TS)’ study in 2020, as this segment was not fully constructed. Therefore, ‘CVC Section 22358.8’ as identified in AB 43, which allows local authorities to retain current speed limit or restore immediately prior speed limit, cannot be used. The City by Ordinance can adopt a lower speed limit for these segments, however, if the speeding tickets are challenged in court, the City may have difficulty defending the lower speed limit, which cannot be backed by the E&TS study.
May 28, 2025 Item No. 13a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 5-,
APPROVING AN AGREEMENT WITH DENISE DUFFY AND ASSOCIATES TO
IMPLEMENT A MONITORING PLAN FOR HILLTOP PARK WITHIN PHASE 2 EAST OF THE UNIVERSITY VILLAGE (DUNES) PROJECT AREA , TO
DISSOLVE THE HILLTOP PARK AD HOC COMMITTEE AND FIND THIS ACTION IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B(3) OF THE CEQA GUIDELINES.
RECOMMENDATION: It is recommended that the City Council consider:
1. Adopt Resolution No. 2025-, approving an agreement with Denise Duffy and Associates to implement a m onitoring plan for Hilltop Park within Phase 2 East of University Village in an amount not to exceed $24,000; and
2. Authorizing the City Manager to execute the agreement subject to final review and approval by the City Attorney; and
3. Authorizing the Finance Director to make necessary accounting and budgetary entries.
4. Discussion to dissolve the Hilltop Park Ad Hoc Committee
PROJECT HISTORY
Hilltop Park as approved in the Dunes Specific Plan is a unique and different park from the other traditional developed parks in Marina. Its location provides beautiful panoramas of the ocean to the west and Salinas and the hills to the east. The park as designed is to be a passive park, rather than an active use park with playground equipment, sports fields, and other established play areas. The park’s landscape emphasizes native plantings, seating areas, walking pathways, picnic areas, and a dog park. Trails follow the contours of the land and provide access from Eighth and Ninth streets.
Improvement and Maintenance Agreement -On December 3, 2024 the City Council adopted resolution 2024 -134 which accepted the park except the landscape area and directed the City Manager to enter into a separate Improvement and Maintenance Agreement defining the City and Shea Homes, the developer, obligations during the maintenance period. After several months of negotiations with the City and Shea Homes the agreement was signed by both parties on May 16, 2025.
Monitoring Plan-Exhibit D to the final agreement is the Native Plant Maintenance Manual which was prepared by Denise Duffy and Associates. The purpose of this Manual is to provide guidance on appropriate maintenance activities necessary to promote successful establishment of planted native vegetation, reduce long-term City weed maintenance liability and cost, and protect existing native habitat within Hilltop Park. The native plant landscape areas at Hilltop Park in the City of Marina (City) are subject to a post -installation maintenance period. The City has requested monitoring support during Year 1 of the maintenance period to document the progress of the native and non -native plant growth and help guide and prioritize maintenance activities to be performed by the maintenance contractor funded and contracted by Shea Homes . The 1 following scope of work includes; Task 1) Year 1 coordination with City staff, 12 qualitative maintenance inspections, up to 12 additional site visits with the maintenance contractor between spring 2025 and spring 2026; and Task 2) Year 1 quantitative performance monitoring (April, July 2025, February 2026) using the grid visual cover estimate method described in the Manual.
The focus of this staff report is a request from the City of Marina to enter into an agreement with Denise Duffy and Associates in an amount not to exceed $24,000 for the monitoring plan. It is important for the City to enter this contract so that once City accepts the park from Shea Homes city staff can ensure the park is maintained during the warranty period in the manner consistent with the City Council goals and priorities.
Ad Hoc Committee -On April 20, 2021, an Ad Hoc Committee was formed for Hilltop Park via Council resolution 2021-36 for the express purpose of providing input on the conceptual plan for the park and to provide recommendations on trees for the facility. The conceptual plans were finalized and approved by the then Public Works Director on April 3, 2024. Ad hoc committees, which are temporary and formed for a specific purpose, are generally not subject to the Brown Act. These committees are formed for a specific purpose, are advisory in nature, and are dissolved once their task is completed . By directing city staff to enter a contract with Denise Duffy and Associates for the monitoring of the implementation of the park for the next two years and because the Ad Hoc Committee’s original function has been implemented it is the city staff recommendation that the Ad Hoc Committee be dissolved at this time. If the City Council wants to reauthorize the Ad Hoc Committee it is authored to do so but must provide specific directions for why it is being created. If the Council wants to reauthorize the committee, this will need to be agendized at a subsequent meeting.
Additional Questions -After publication of the April 20, 2025 staff report, additional questions from the Council were submitted to city staff. Most of these questions revolved around giving the City Council access to the file agreement signed with Shea Homes, which can occur along with better understanding the nature of the monitoring plan the City will be signing with Denise Duffy and Associates for the park.
ENVIROMENTAL REVIEW
Approval of a contract or dissolving a committee are not projects subject to the California Environmental Quality Act pursuant to the common sense exemption found in section 15061(b)(3) of the CEQA Guidelines.
FISCAL IMPACT
This contract will be paid for with cost savings from the existing Community Development Department budget.
CONCLUSION
City staff are recommending approval of the contract so work can begin in earnest on the continued monitoring of this park.
Respectfully submitted
_______________
Guido F. Persicone, AICP
Community Development Director
City of Marina
2 REVIEWED BY:
_______________________________
Layne Long
City Manager
City of Marina
Attachments
1-Hilltop Park Monitoring, DDA, dated April 2, 2025
3 RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA CITY APPROVING AN
AGREEMENT WITH DENISE DUFFY AND ASSOCIATES TO CONTINUE TO IMPLEMENT THE MONITORING PLAN FOR HILLTOP PARK WITHIN PHASE 2 EAST OF THE UNIVERSITY VILLAGE (DUNES) PROJECT AREA IN AN AMOUNT NOT TO EXCEED $24,000, TO DISSOLVE
THE AD HOC COMMITTEE AND TO FIND THIS ACTION IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B(3) OF THE CEQA GUIDELINES.
WHEREAS, On December 3, 2024, the City Council adopted resolution 2024 -134 which accepted Hilltop Park except the landscape area and directed the City Manager to enter into a separate Improvement and Maintenance Agreement with Shea Homes; and
WHEREAS, on May 16, 2025, both Shea Homes and the City of Marina signed the Improvement and Maintenance Agreement; and
WHEREAS, city staff need additional technical assistance from Denise Duffy and Associates to better understand how to monitor the park in the near term; and
WHEREAS, On April 20, 2021, an Ad Hoc Committee was formed for Hilltop Park via Council resolution 2021-36 for the expressed purpose of providing input on the conceptual plan for the park and to provide recommendations on trees for the facility;
WHEREAS, the conceptual plans were developed and the final construction documents for the park were approved by the Public Works Department on April 3, 2024; and
WHEREAS, the original purpose of the Ad Hoc Committee has been fulfilled ; and said committees should be dissolved;
WHEREAS, dissolving a committee and approving a contract are not projects subject to the California Environmental Quality Act (CEQA) per the commonsense exemption found in section 15061(b)(3) of the CEQA Guidelines; and
NOW THEREFORE BE IS RESOLVED that the City Council of the City of Marina does hereby:
1. Approve an agreement with Denise Duffy and Associates to implement a monitoring plan for Hilltop Park within Phase 2 East of University Village in an amount not to exceed $24,000; and
2. Authorizing the City Manager to execute the agreement subject to final review and approval by the City Attorney; and
3. Authorizing the Finance Director to make necessary accounting and budgetary entries
4. Dissolve the Hilltop Park Ad Hoc Committee.
5. Find these actions are exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 3rd day of June 2025, 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
4 DENISE DUFFY & ASSOCIATES, INC.
PLANNING AND ENVIRONMENTAL CONSULTING
Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Apr
il 2, 2025
Guido F
. Persicone, AICP
Community Development Director
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
SUBJ
ECT: Proposal for Year 1 Qualitative Maintenance Inspections and Recommendations and Quantitative Performance Monitoring by Grid Visual Cover Estimate Method Hilltop Park, Marina, CA
Revision 1
Dear
Mr. Persicone,
Denise Duffy & Associates, Inc. (DD&A) is pleased to submit our revised proposal to provide once monthly qualitative monitoring and maintenance recommendations and quantitative performance monitoring in April, July, and February per the methods requested by the Hilltop Park Ad Hoc Committee. This proposal covers these activities during Year 1 of the establishment period . We are grateful for the opportunity and look forward to continuing our work together.
Sincerely,
John Wa
ndke
Senior Environmental Scientist
Denise Duffy & Associates, Inc.
[email protected]
(831) 277-7748
EXHIBIT A
5 Hilltop Park Year 1 Monitoring and Maintenance Recommendations (Rev 1) Proposal 2 SCOPE OF WORK
The native plant landscape areas at Hilltop Park in the City of Marina (City) are subject to a post-installation maintenance period. The City has requested monitoring support during Year 1 of the maintenance period to document the progress of the native and non- native plant growth and help guide and prioritize maintenance activities to be performed by the maintenance contractor. The Hilltop Park Ad Hoc Committee requested additional monitoring in their requested revisions to the Native Plant Landscape Maint enance Manual (Manual) prepared by DD&A. The following scope of work includes; Task 1) Year 1 coordination with City staff, 12 qualitative maintenance inspections, up to 12 additional site visits with the maintenance contractor between spring 2025 and spring 2026; and Task 2) Year 1 quantitative performance monitoring (April, July 2025, February 2026) using the grid visual cover estimate method described in the Manual.
Task 1 – Year 1 Maintenance Inspections and Maintenance Recommendations DD&A will visit Hilltop Park once a month during Year 1 of the maintenance period for a total of 12 visits.
During each visit, DD&A will qualitatively assess site conditions to include a visual estimate of average native and non-native vegetation cover, average percent bare ground, and presence of priority weed species identified in the Native Plant Landscape Maintenance Manual (DD&A, 2024). Following each monthly monitoring inspection, DD&A will attend a follow -up meeting with the landscape contractor to p rovide recommendations and guidance on the priority maintenance tasks to be performed during that month.
Recommendations may include identification of priority weed species requiring control, locations, and methods of weed control; suggested adjustments to the irrigation schedule; and/or methods to address issues such as erosion. DD&A will coordinate with the City as needed and maintain a record of monitoring inspections and maintenance recommendations in a tabular format.
Assumptions: This task assumes that monthly monitoring inspections will be qualitative in nature. Direct supervision of the landscape contractor is also excluded. This task includes 12 monitoring inspections and up to 12 follow-up maintenance site visits.
Task 2 – Year 1 Quantitative Performance Monitoring (April, July, February) – Grid Visual Cover Estimate
During the months of April and July 2025 and February 2026, DD&A will perform performance monitoring of Areas 1 and 2 using the grid visual cover estimate method requested by the Ad Hoc Committee and described in the Manual. This method consists of visuall y estimating percent non-native and native plant cover within approximately 28, 100’ x 100’ grid cells to the nearest 5%. After completing the field monitoring, DD&A will prepare and submit to the City a graphic that depicts the results and provides a mean cover value for non-native and native plant cover within Areas 1 and 2.
Assumptions: This task includes three monitoring events. This task also excludes follow -up or repeated monitoring of any kind, including but not limited to more rigorous sampling of point or line intercept transects, and/or additional meetings or coordination with the City or others. DD&A is available to perform these services, but an add-on to the contract would be necessary.
EXHIBIT A
6 Hilltop Park Year 1 Monitoring and Maintenance Recommendations (Rev 1) Proposal 3 BUDGET
The project will be billed on a time-and-materials basis by task with a not-to-exceed amount detailed in the attached budget.
ASSUMPTIONS
The budget is based on completing only the tasks identified above and does not include services including but not limited to attendance of public meetings, additional site visits, land surveying or other engineering services; preparation of design drawings or irrigation plans; acquisition of permits or payment of permit fees; detailed surveys or mapping of plants and/or habitat; surveys for special status species; or implementation of landscape maintenance recommendations. Refer to additional task-specific assumptions above. DD&A is available to perform these services, but an add-on to the contract would be necessary.
SCHEDULE
DD&A is available to perform this work immediately after the attached authorization to proceed is signed by an authorized representative and all project information has been received. This proposal assumes a period of performance between spring 2025 and spring 2026.
EXHIBIT A
7 Senior Project
Manager
Senior
Environmental
Scientist
Administrative
DD&A Costs
by Task
Hourly Rate $232.00 $181.00 $101.00
Task 1 Year 1 Monthly Qualitative Maintenance Inspections & Recommendations 2 80 2 15,146.00$
Task 2 Year 1 Quantitative Performance Monitoring (April, July, February) - Grid Visual Cover Estimate Method 2 40 2 7,906.00$
2 80 2
464.00$ 14,480.00$ 202.00$ 23,052.00$
Estimated Expenses
Mileage, supplies, GIS, and phone $600
TOTAL ESTIMATED COST 23,652.00$
Total Hours by Staff
Subtotal for DD&A Labor
Hilltop Park Year 1 Monitoring Budget
Staff
EXHIBIT A
8 Hilltop Park Year 1 Monitoring and Maintenance Recommendations (Rev 1) Proposal 4 AUTHORIZATION TO PROCEED
◊◊◊
Note: If the scope and fee described in the Denise Duffy & Associates, Inc. attached proposal are acceptable, please sign and return a copy of this authorization form for our files. The signature below also serves as acceptance of Denise Duffy & Associates, Inc. Standard Terms and Conditions, attached. Thank you.
Project Name: Hilltop Park Landscape Maintenance Recommendations
Accepted by (signature): Dated:
Print Name:
Title:
On Behalf of:
Mailing Address:
Phone:
Fee/Scope Confirmation: Year 1 M aintenance Inspections, Maintenance Recommendations, Quantitative Performance Monitoring (April, July, February)
Total: $23,652
Existing Contract Date, if applicable: On-call contract
If invoice should be sent to a different person or location, please complete below:
Mailing Address:_______________________________________________________
Attention:_____________________________________________________________
Return to: Denise Duffy & Associates, Inc.
947 Cass Street, Suite 5
Monterey, CA 93940
Or email: [email protected]
EXHIBIT A
9 Hilltop Park Year 1 Monitoring and Maintenance Recommendations (Rev 1) Proposal 5 DENISE DUFFY & ASSOCIATES, Inc.
STANDARD TERMS AND CONDITIONS
Invoices Denise Duffy & Associates, Inc. will submit progress invoices to Client at least as frequently as monthly and a final bill upon completion of services. Each invoice is due on presentation and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge equal to 1.5% on undisputed past - due accounts.
Workers'
Compensation
Insurance
Denise Duffy & Associates, Inc is protected by Worker's Compensation Insurance as required by applicable state law. Proof of insurance will be provided to Client upon request.
General Liability
Insurance and
Limitation
Denise Duffy & Associates, Inc. is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions, with limits as specified below. Certificates of insurance shall be provided to Client upon request. Denise Duffy & Associates, Inc. shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance as noted below. Denise Duffy & Associates, Inc. shall not be responsible for any loss, damage or liability arising from any act or omission by Client, its agents, staff; other consultants, independent contractors, third parties or others working on the project that have not been hired by Denise Duffy & Associates, Inc. and over which Denise Duffy & Associates, Inc. has no supervision or control.
COVERAGES LIMITS OF LIABILITY
General Liability $1,000,000 each Occurrence
(Including Bodily Injury,
Property Damage and
Contractual Liability) $2,000,000 Aggregate
Automobile Liability $1,000,000 each Occurrence
(Including Bodily
Injury and Property
Damage)
Professional Liability $1,000,000 each Occurrence
$1,000,000 Aggregate
Termination This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure of performance by the other party or if the Client suspends the work for more than three months. In the event of termination, Denise Duffy & Associates, Inc. shall be paid for the services performed prior to the termination notice date plus reasonable termination expenses, including the cost of completing analysis, records and reports necessary to document job status at the time of termination.
Fees Denise Duffy & Associates, Inc. agrees to provide services covered by this Agreement on a time and material basis.
If the project requirements expand beyond the scope of services covered by this Agreement, an additional Service Agreement or a written addendum to this Agreement shall be entered into to cover the revised scope and fee. Should Client authorize a revision in the scope of services without a revision to this agreement, Denise Duffy & Associates, Inc. shall be compensated for the services actually performed.
EXHIBIT A
10 Hilltop Park Year 1 Monitoring and Maintenance Recommendations (Rev 1) Proposal 6 Notices Communications from the Client shall be to Denise Duffy & Associates, Inc. designated Project Manager or to the Denise Duffy & Associates, Inc.
Principal-in-Charge of the project. Verbal communications shall be confirmed in writing.
Disputes If a dispute arises regarding the performance of the services covered by this Agreement, and legal or other costs are incurred, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time at current billing rates, court costs, attorney's fees, and other claim-related expenses.
Indemnification Client and Denise Duffy & Associates, Inc. each agrees to indemnify and hold harmless the other (Indemnitor and Indemnitee), and their respective officers, directors, partners, authorized agents and employees from and against any damages, losses, liabili
ties, judgments, settlements, expenses, and costs
(including reasonable and necessary attorneys' fees, costs and expenses), arising out of the death or bodily injury to any person or destruction or damage to any property, to the extent caused by the Indemnitor’s negligent acts, errors or omissions, or willful misconduct in the performance of services under this Agreement and anyone for whom the Indemnitor is legally liable.
Indemnitor shall only be required to reimburse Indemnitee for its reasonable defense fees and costs, including reasonable attorney’s fees, costs and expenses, in direct proportion to Indemnitor’s negligence on a percentage basis as ultimately determined by a court of competent jurisdiction and further, only to the extent such fees and costs were directly attributable to Indemnitee’s defense of a suit based on Indemnitor’s actual negligence.
The Indemnitor is not obligated to indemnify the Indemnitee for the Indemnitee's own negligence or willful misconduct
Entire Agreement These General Conditions shall be used in combination with a Service Agreement, a proposal, or a contract. These combined documents shall be the entire Agreement and shall supersede any other agreement between Client and Denise Duffy & Associates, Inc. relating to the subject matter. In case of conflict or inconsistency between these General Conditions and any other contract documents, the stricter provisions shall control.
EXHIBIT A
11