CITY ADMINISTRATOR: administrative and executive ability?

Mountain View Avenue
View Towards Mountain View Av. Entrance to Mission Trail Nature Preserve
Carmel-by-the-Sea, CA.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Regular Meeting
Tuesday, March 13, 2007

VII. Consent Calendar

C. Consideration of a Resolution entering into an agreement with Nichols Consulting Engineers for a 2007 Pavement Management and Truck Impact Fee study in an amount not to exceed $60,300.

City Administrator Rich Guillen presented the staff report written by Administration Services Director Joyce Giuffre, dated March 13, 2007.

City Administrator Rich Guillen:
“During the budget hearings last May, the council did get into some discussion regarding our streets and the condition of our streets and whether we should actually think of upgrading them. And at that time instead of selecting the streets randomly, we discussed possibly going back to the study that had been done in 1997 which was a pavement management study. The pavement management study that came out in the late 90s was mainly a result of trying to obtain federal funding. And they were required at that time. Today, they are no longer required. But, I thought that I would recommend at the time of the budget hearing to kind of update our pavement management study, which I didn’t think would take a large amount cost so that we would have empirical data to base our decisions on what streets need to be repaired quicker than others so what we did is we contacted, after some time, contacted the consulting engineering firm that did the original 1997 and apparently they did a 2003 amendment, and that was Nichols Consulting Engineers and so we met with them and discussed updating the report. And I think you see the tasks at the very back of that on page 36 of your packet."

"As a sub note to that, we also have been monitoring what the city of Monterey did as far as the truck impact fees and they were successful in adopting a fee for any type of truck that comes into their city because typically a truck is equivalent to 6 to 10 cars on your streets so every truck that drives on your street is like 6 or 10 cars have driven in that same location. So we asked Nichols Consulting Engineers to take a look and also developing criteria so there would be the nexus between what the impacts are and what the fee we’re going to charge the truck companies for coming into our city and so they added that as an additional scope of work which is under task F of the list here."

"So basically what you have is a menu, and if you look at page 36, A through E are related to the pavement management system update, and that is related to the road impact fee study. You can do any combination of A through E, if you want to, like I said it is no longer required by federal or state law, but it might be a useful tool for us and separate from that you can do F also or do A or F or F alone. So with that I conclude my report. The total cost is $60,300."

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH NICHOLS CONSULTING ENGINEERS FOR A 2007 PAVEMENT MANAGEMENT AND TRUCK IMPACT FEE STUDY...

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize the City Administrator to enter into an agreement with Nichols Consulting Engineers for a 2007 Pavement Management and Truck Impact Fee study in an amount not to exceed $42,000 (greater if Task B must be included); approve Tasks A, C and F and Task B only if consultant does not agree to eliminate it.

2. Authorize the use of Administration Department’s professional services account 01-64051 and a portion of any FY 2006-07 year-end General Fund surplus for Nichols Consulting Engineers services.

PASSED AND ADOPTED BY THE CITY OF COUNCIL OF THE CITY OF CARMELBY- THE SEA this 13th day of March 2007, by unanimous consent of COUNCIL MEMBERS CUNNINGHAM, HAZDOVAC, ROSE, TALMAGE & McCLOUD

Reference:
TASK A – CONDITION SURVEYS & PCI CALCULATIONS: $14,900

TASK B – MAINTENANCE & REHABILITATION HISTORY & DECISION TREE: $ 3,500

TASK C – BUDGETARY ANALYSIS & FINAL REPORTS: $7,500
StreetSaver Online Upgrade (optional) $2,200

TASK D – TRAINING & TECHNICAL SUPPORT (optional): $ 8,200

TASK E – COUNCIL PRESENTATION (Optional Task): $ 4,400

TASK F – ROAD IMPACT FEE STUDY: $19,600
TOTAL COST: $ 60,300

(Source: http://www.ci.carmel.ca.us/,
City of Carmel-by-the-Sea
Scope of Work
2007 Pavement Management Update
Nichols Consulting Engineers, Chtd.
Pages 34-42)

COMMENTS:
A competent, professional City Administrator with “administrative and executive ability” would present the Nichols Consulting Engineers proposed agreement to the City Council with his/her recommendation; he/she would not present the proposed agreement as a “menu” of options for the City Council to choose among all the menu options.

Reference:
Selected relevant excerpts from the Carmel-by-the-Sea Municipal Code, as follows:
Carmel-by-the-Sea
Municipal Code
Chapter 2.08
CITY ADMINISTRATOR*
2.08.010 Office Established.
The office of City Administrator is established. The City Administrator shall be selected by and appointed by the City Council on the basis of administrative and executive ability and qualifications and shall hold office for and during the pleasure of the City Council, under the provisions set forth in this chapter. (Ord. 77-22 § 1, 1977; Code 1975 § 230).

2.08.060 Powers and Duties.
The City Administrator shall be the administrative head of the government of the City, under the direction and control of the City Council. The Administrator shall be responsible for the efficient administration of all of the affairs of the City which are under the Administrator’s control, and responsible therefore to the City Council. In addition, and not as a limitation of the general powers of the office, the Administrator shall have the duty and the powers set forth in the following:

A. Enforcement of Laws. It shall be the duty of the City Administrator to assure that all laws and ordinances of the City are enforced and that the orders of the City Council are carried out.

B. Fiscal and Budgetary Matters. The City Administrator shall supervise and be responsible for all fiscal and budgetary matters, advising the City Council on the financial needs of the City, current and future, and shall supervise budget preparation and control, and shall propose an annual salary plan for the City Council.

C. Powers Over Employees. The City Administrator shall be responsible for all employee actions, including recruiting, employment, appointment, advancement, and discharge, with the exception of actions relating to the City Attorney and City Treasurer which shall be carried out by the City Council.

D. Direction of Departments. As the head of the City’s management team, the City Administrator shall be responsible for and shall provide administrative direction for the day-to-day operation of all departmental activities.

E. Support of the City Council. The City Administrator shall be responsible to the City Council for the preparation of agendas, for the provision of all necessary clerical functions for the Council, and the maintenance of necessary records.

F. Control of Expenditures and Purchasing. It shall be the duty of the City Administrator to supervise and control expenditures of City funds. The City Administrator shall be responsible for the purchase of all supplies and services for all departments.

G. Public Works and Public Buildings and Grounds. The City Administrator shall exercise general supervision over all public buildings, public parks, and all other public property under the jurisdiction of the City Council. The Administrator shall review the scheduling of all public works, including street, sidewalk and storm drain projects and repairs, to assure that such projects and repairs create the minimum interference with the normal activities of the community.

H. Additional Duties. It shall be the duty of the City Administrator to perform such other duties and to exercise such other powers as may be delegated from time to time by the City Council. (Ord. 78-5 § 1, 1978; Ord. 77-22 § 1, 1977; Code 1975 § 232).

2.08.070 Internal Relations.
A. Council-Administrator Relations. The City Council and its members shall deal with the administrative services and department heads of the City only through the City Administrator, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Administrator. The City Administrator shall take orders and instructions from the City Council only when it is sitting in a duly convened meeting, and no individual Council member shall give any orders or instructions to the City Administrator.