HomeMy WebLinkAbout2003-10-21 City Council (2)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
ATTN:POLICY AND SERVICES COMMITTEE
FROM:CITY MANAGER DEPARTMENT: City Manager’s Office
DATE:SEPTEMBER 9, 2003 CMR: 419:03
SUBJECT: CITY MANAGER REPORTS
BACKGROUND
On November 26, 2002, the Policy and Services Committee asked staff to agendize for
the Committee a discussion of the City Manager Report (CMR) format.
DISCUSSION
Attached are the guidelines for preparation of CMRs.
RESOURCE IMPACT
Considerable staff time is devoted to the preparation of CMRs. Streamlining to avoid
duplication between staff reports prepared for boards and commissions and the reports
transmitting the results of board and commission deliberations has assisted departments
in bringing action items back to the Council in a more timely fashion.
PREPARED BY
CITY MANAGER APPROVAL
~y Manager
Frabtk Benest, City Manager
Attachment: "Preparing a Staff Report"
CMR:419:03
Page 1 of 2
ATTACHMENT 1
PREPARING A STAFF REPORT
City Manager Reports, or CMRs, are reports prepared by staff in departments that report
to the City Manager. The different types of CMRs include a "generic" CMR; and
informational, contract award and transmittal CMRs, which are all variations on the
"generic" CMR.
Different Types of CMRs
Different format types for different purposes
Adherence to a standard form for a staff report allows Council and staff to read a report
more quickly, knowing what elements they can expect to see and being able to anticipate
what information will always be provided. Although there are variations on the "generic"
CMR in order to meet specific presentation needs, there are certain components that are
the same across all types of staff reports.
"Generic" CMR
The "generic" CMR is used to provide a recommendation to the Council for action. This
report should provide all of the information that the Council may need to make an
informed decision. Reports prepared for Council standing committees generally follow
the format of the "generic" CMR.
Contract Award
The purpose of these CMRs is to transmit a recommendation to the Council on selection
of a contractor, vendor or consultant. These reports provide specific information about
the process followed by the staff in arriving at the selection recommendation.This
process is stipulated in the City’s Municipal Code and Purchasing Manual.
Information CMR
These reports do not forward a recommendation to the Council, but merely transmit
information. Examples include updates on activities in which staff is engaged, actions
taken by other agencies or community groups, or progress being made on a particular
Council assignment or priority. Information reports do not appear on the City Council
agenda, although they are distributed in the Council packet.
Transmittal CMR
These reports transmit to the Council a recommendation made by a Council-appointed
board or commission; or by a Council standing committee to the full Council.
Organizing the Contents of a CMR
"Generic" CMR
The format for a "generic" staff report is discussed in detail below, and is shown as
Attachment 1. There are alternative formats to this "generic" format, used for special
purposes (i.e. informational reports, awards of contract, and transmittal reports).
Recommendation
This short section summarizes the action that the Council is requested to take. The
recommendation should be stated so that the Council can easily use it as the basis of a
motion. Care should be taken not to use the Recommendation section as a place to
provide justification for the recommendation: this is provided in the Discussion section.
Background
This section should make clear why the report is coming to the Council (e.g. is it an
assignment from Council, is it staff-initiated, is it an appeal of a staff decision, is it a
Council priority?). Any historical information that will provide the context for the
Discussion section that follows should be included. Previous action by the Council on
the subject of the report should be summarized, including any prior staff reports and
recommendations.
Discussion
This is the "heart" of the report, providing full disclosure of all the elements leading to
the staff recommendation. Examples of things that may be addressed in this section
include:
Summary of staff action taken since the last report provided to the Council
Significant issues to be addressed
Summary of community input
Pros and cons of the staff recommendation
Alternatives to Staff Recommendation
This section should only be used if there are one or more clear, viable alternatives to the
staff recommendation. For example, if the report is providing staffs recommendation in
response to a proposal by a community group or to an appeal by a property owner or
customer, for example, it would be appropriate to provide enough information in this
section for the Council to use it as the basis of an alternative motion to the staff
recommendation.
Resource Impact
The purpose of this section is to give the City Council information on the impact the
recommended action will have on City resources. Examples of issues that may be
addressed in this section include:
Available funding: If funding for the recommendation is available, state where the
funds.
Budget Amendment Ordinance (BAO): A BAO is required any time additional dollars
are to be appropriated from reserves to a department’s operating budget; to increase a
capital project; to transfer dollars between the operating and capital budgets; to
transfer dollars between departments; to receive grant funds and increase
appropriations by a commensurate amount; to amend the Table of Organization; or to
amend the Municipal Fee Schedule. The Budget Division will determine the impact
that the BAO will have on reserves in the General Fund or other City funds, and this
information will be included in this section.
Workload impact: If the recommendation involves staff resources that will be diverted
from other work or priorities, or if additional staffing will be required immediately or
in the near future, this should be discussed in this section. Any effect on the
department’s Mission Driven Budget impact measures should be discussed, as well as
any workload impacts on other departments.
Maintenance requirements: Potential support costs for the recommended project
should be specified, whether they will be absorbed into the current operating budget
or will require an augmented operating budget in future years. Support costs include
staffing as well as non-personnel costs.
Future budget implications, if any.
Revenues, if applicable: If the recommendation involves a program or service that is
appropriately funded by user fees under existing City policies, the degree of cost
recovery recommended should be discussed in this section. For a land use project,
include an economic analysis of the potential new revenues, as well as expenses, if
available.
Policy Implications
This section of the report provides the Council with the context within which the decision
being recommended is made, in terms of the Council’s previous action or documented
City policies and procedures. If the decision recommended by staff is consistent with
these past actions or documented policies, this section should simply read:
"This recommendation does not represent any change to existing City policies."
In order to assess whether the report recommendation is, in fact, consistent with existing
City practices or policies, there are some general areas to take into account. These
include precedent (e.g. prior Council action, Council priorities, established levels of
service); risk (e.g. liability, financial implications); equity (e.g. fee cost recovery), and
documented policies and procedures. This last category may include:
Municipal Code
State or Federal law
Comprehensive Plan
Various Planning and Land Use Guidelines
Master Plans
Policy and Procedures Manual
Merit Rules and Regulations
Utility Rules and Regulations
Sustainability Policy/Green Government Pledge
Timeline
This section is intended to provide the Council with the anticipated next steps following
approval of the staff recommendation. For example, if a capital project is approved by
the Council action, the report should indicate when initial work (hiring of consultants,
design, preliminary environmental assessment) will begin. Similarly, if a program or
service will not be initiated until the beginning of a new fiscal year, or will not be
initiated until staffing is in place, this should be discussed in this section.
Environmental Review
The following are the categories to be used in this section, with a brief description of
when each is appropriate. The first 3 categories can be "self-selected" by the department
preparing the report, if they apply. The last 3 categories require the completion of an
Environmental Checklist, which will be reviewed by the Planning Department. The
Planning Department or each department’s assigned City Attorney’s Office representative
should be contacted if there are questions as to which category is appropriate.
4
"Self-Assessment" Categories
¯Not a project under the California Environmental Quality Act (CEQA): If the subject
of the CMR does not directly or indirectly involve a physical change, it is probably
not a project under CEQA. Examples include purchases of supplies and equipment,
compensation issues, audits, leases, contracts and contract amendments for non-
physical projects.
¯Statutorily exempt from CEQA: There are certain projects that have been specifically
exempted from CEQA. Examples include feasibility and planning studies that do not
have a legally binding effect on later activities; ministerial projects such as issuance
of building permits, business licenses, individual utility service connections and
disconnections; and emergency projects.
¯Categorically exempt from CEQA: This includes minor projects in non-
environmentally sensitive areas. Examples include operation, maintenance, repair or
minor alterations of existing public or private structures, facilities, mechanical
equipment or topographical features; replacement or reconstruction of existing
structures and facilities where the new structure will be located on the same site as the
structure replaced, with the same substantial purpose and capacity; new construction
or conversion of small structures.
Categories Requiring Completion of an Environmental Checklist
¯Negative Declaration: This is a prepared finding that the project will have no
significant impacts.
¯Mitigated Negative Declaration: This is a prepared finding that the project will not
have significant environmental impacts provided that mitigation measures are
included in the project.
¯Environmental Impact Report Prepared: This category may apply if the project is in
an environmentally sensitive area; is controversial because of size, use or location; or
has environmental impacts that cannot be mitigated.
Information CMR
This report transmits information to the Council. An example is shown as Attachment 2.
No recommendation section is required; instead, the first sentence following the Heading
should read:
"This is an informational report and no Council action is required."
The Background and Discussion sections should be used in the same manner as a
"generic" CMR. The Background section can even be omitted. The Policy
Implications and Resource Impact sections should only be included if there is relevant
information to transmit.
Transmittal CMR
This report is prepared to: 1) transmit the recommendation of a Council-appointed board
or commission to the City Council (Planning and Transportation Commission;
Architectural Review Board; Historic Resources Board; Utilities Advisory Commission;
Parks and Recreation Commission; Human Relations Commission; Library Advisory
Commission; and Public Arts Commission); or 2) to transmit the recommendation of a
Council standing committee (Policy and Services, Finance and City/School Liaison) to
the full Council.
Transmittal of Board or Commission Recommendation:
If it is accompanied by the staff report that was prepared for the board or commission
meeting or the Council, this report should avoid, to the extent possible, repeating any
information already provided in that staff report. If there is no accompanying board or
commission report (e.g. pre-screenings) or there is significant new information that has
been developed since the original board or commission heating (e.g. land use appeal), the
"genetic" format may be more appropriate.
Q Recommendation: The recommendation of the board or commission is presented,
along with staff’s recommendation following board/commission review. Be clear if
these two recommendations are different.
¯Discussion: A short synopsis of the item that was presented to the board or
commission is provided.
¯Board or Commission Review and Recommendations: This section should
summarize the salient points of the board or commission discussion, especially the
way in which the advisory body addressed the significant issues called out in the
board or commission staff report. This section should also summarize the public
testimony that was received related to the item.
¯Alternatives (Optional): If staff anticipates that the Council may reject the
recommendations of the board or commission, or if staff disagrees with the
recommendations of the board or commission, this section should include language
for an alternative Council motion (e.g. direct staff to prepare amended findings and
return to the Council for approval at an appointed time).
An example of the format for a Transmittal of Board or Commission
Recommendation to Council is shown as Attachment 3.
6
Transmittal of Recommendations from Council Standing Committees
The "generic" format is used for most reports to a Council standing committee. When
this staff report returns to the full Council, along with the minutes of the standing
committee discussion, a brief cover CMR is placed on top of the original CMR that was
discussed by the committee. This completes the legislative record by ensuring that staff
or the public can ascertain the date of Council action on a committee recommendation. If
the committee requests that additional information be made available for the Council
meeting, this should be included in the report. This CMR should not repeat the
information in the original staff report. An example is shown on Attachment 4.
Subject: This should include the title and date that the original CMR went to Council
¯ standing committee; it should state the Committee’s recommendation to the Council.
Recommendation: This should state the Standing Committee’s recommendation to
the Council. If the staff’s recommendation was unchanged, it is re-stated here.
Committee Review and Recommendations If the committee has changes, a
discussion of the changes will be included here. Similarly, if the Committee asked
staff to provide additional information when the matter came back to the full Council,
it should be discussed in this section. If not, indicate, "The Committee voted (xx to
xx or unanimously, etc) to accept staff’ s recommendation."
Contract CMR
The purpose of a contract CMR is to describe the goods or services to be purchased, the
purchasing process utilized, and to recommend contract approval to Council. There are
two types of contract CMRs which cover the two distinct purchasing processes utilized
by the City: bids, which follow the rules for "lowest responsible bidder"; and requests
for proposals, which are negotiated. Both contracts CMRs have the following sections:
Recommendation: This section names the proposed contractor, briefly describes the
products or services to be purchased, indicates the dollar amount of the contract. It is
also used to provide the City Manager the authority to negotiate change orders and to
exercise the option to renew the contract, if needed.
Discussion: This section provides information about the work to be performed. It
also provides detailed information about the process followed by staff in arriving at
the selection recommendation.. Since the purchasing processes for bids and
proposals/consultant contracts are different, the specific information requirements are
unique for these contracts CMRs (see Attachments 4 and 5). Finally, this section
describes the basis for the selection (price and/or other criteria). There may be
occasions when a sole source contract award is proposed. This happens when one
supplier can only satisfy a requested product or service. For these CMRs, the
Discussion section should include a description of the unique need that can only be
met by a sole provider and the actions that have been taken to ensure the price is
competitive.
Resource Impact: Same as "generic" CMR.
Policy Implieatious: This section should only be included if there are policy
implications.
Environmental Review: This section should only be included if there are
environmental implications.
Examples of both Contract CMRs templates are shown in Attachment 5 (Bid) and
Attachment 6 (Proposal or Professional Services)
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ATTACHMENT 1
GENERIC CMR
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
(AGENDA TITLE)
DEPARTMENT: XXXX
CMR: XXX:XX
RECOMMENDATION
BACKGROUND
DISCUSSION
ALTERNATIVES TO STAFF RECOMMENDATION
RESOURCE IMPACT
POLICY IMPLICATIONS
TIMELINE
ENVIRONMENTAL REVIEW
9
ATTACHMENT 2
INFORMATION CMR
TO:
FROM:
DATE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: XXXX
CMR: XXX:XX
This is an informational report and no Council action is required.
BACKGROUND (Optional)
DISCUSSION
RESOURCE IMPACT (Optional)
POLICY IMPLICATIONS (Optional)
10
TO:
FROM:
DATE:
SUBJECT:
ATTACHMENT 3
TRANSMITTAL OF BOARD OR COMMISSION
RECOMMENDATION TO COUNCIL
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: XXXX
RECOMMENDATION
DISCUSSION
BOARD/COMMISSION REVIEW AND RECOMMENDATIONS
ALTERNATIVES ,(Optional)
11
TO:
FROM:
DATE:
SUBJECT:
ATTACHMENT 4
TRANSMITTAL OF COUNCIL STANDING COMMITTEE
RECOMMENDATION TO COUNCIL
HONORABLE CITY COUNCIL
CITY MANAGER
RECOMMENDATION
DEPARTMENT: XXXX
CMR: XXX:XX
COMMITTEE REVIEW AND RECOMMENDATIONS
ATTACHMENTS
Attachment A: CMR xxx:xx
12
ATTACHMENT 5
AWARD OF CONTRACT CMR (BID)
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: XXXX
DATE:CMR: XXX: XX
SUBJECT: APPROVAL OF A CONTRACT WITH IN
THE AMOUNT OF $FOR
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached contract with
in the amount of $ for
Authorize the City Manager or his designee to negotiate and execute one or more
change orders to the contract with for related,
additional but unforeseen work which may develop during the project, the total
value of which shall not exceed $ [If applicablel
o Authorize the City Manager or his designee to exercise the option to renew the
contract for the (second and/or third year), provided the contractor is responsive to
the City’s needs, and the quality of the contractor’s wOrk/product is acceptable
during the first year of the contract (and/or other conditions which will determine
the City’s willingness to renew the contract). [If applieable]
DISCUSSION
Project Description
The work to be performed under the contract is for
[Include a
statement about alternatives, what happens if we don’t do this project, and why we
are recommending the use of a contractor rather than City employees.[
13
Summar~ of Bid Process
Bid Name/Number
Proposed Length of Project
Number of Bids Mailed to Contractors
Number of Bids Mailed to Builder’s
Exchanges
Total Days to Respond to Bid
Pre-Bid Meeting?
Number of Company Attendees at Pre-Bid
Meeting
Number of Bids Received:
Bid Price Range
*Bid summary provided in Attachment B.
Name/Number of Bid here
36 months
15
5
21
Yes / No
8
7*
From a tow of Sx to a high of Sy
Staff has reviewed all bids submitted and recommends that the bid of $
submitted by be accepted and that be
declared the lowest responsible bidder.The bid is percent below/above the
staff/engineer’s estimate of $The change order amount of $
which equals percent of the total contract is requested because
[Justify if more
than 10 percent of contract amount]
Staff confirmed with the Contractor’s State License Board that the contractor has an
active license on file. Staff checked references supplied by the contractor for previous
work performed and found no significant complaints. [If applicable]
RESOURCE IMPACT [See generic CMR format]
POLICY IMPLICATIONS [If applicable]
ENVIRONMENTAL REVIEW [See generic CMR format]
ATTACHMENTS
Attachment A:
Attachment B:
Contract
Bid Summary
PREPARED BY:
YOUR NAME
Title
14
DEPARTMENT HEAD:
NAME
Director of
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
15
ATTACHMENT 6
AWARD OF CONTRACT CMR (PROPOSAL OR PROFESSIONAL SER~CES)
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: XXXX
DATE:
SUBJECT:APPROVAL OF CONTRACT WITH IN THE
AMOUNT OF $ FOR
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached contract with
in the amount of $ for
o Authorize the City Manager or his designee to exercise the option to renew the
contract for the (second and/or third year) provided the proposed cost of the
renewal contract does not exceed the Consumer Price Index for all urban
consumers (San Francisco - Oakland - San Jose, CA), the contractor is responsive
to the City’s needs, and the quality of the contractor’s work is acceptable during the
first year of the contract (and/or other conditions which will determine the City’s
willingness to renew the contract). [If applicable]
DISCUSSION
Scope of Services Description
The scope of work to be performed under the contract is for
[provide brief description]. The draft scope of services was review and approved
during the Budget process. Please see Attachment B for the complete scope of services.
[Include a statement about alternatives, what happens if we don’t do this project,
and why we are recommending the use of a consultant rather than City employees.]
Summary of Solicitation Process
16
..... Proposal Description/NumberProposed Length of Project .......
Number,gfProposals Mailed
Total Days to Respond to Proposal
Pre-proposal Meeting Date
Number of Company Attendees at Pre-
.... proposa! MeetingNumber 9fProposals Received:
Company Name .........
Name/Number of Proposal here
36 months
15
21
None Or Date of PropoSal Meeting
8
7
Location (City, State)Selected for oral interview?
....... ~. Company A
2. Company B
3. ComPanY C
4. Company D
5. Company E
6. Company F
7. Company G
Range of Proposal Amounts Submitted $220,000 to $1,500,000
Yes
Yes
No
Yes
Yes
No
No
The RFP process allows the City to negotiate the price of the work upon selection of
the successful firm.
An evaluation committee consisting of [identify staff members by
department/division] reviewed the proposals. J firms were invited to participate in
oral interviews on The committee carefully reviewed each firm’s
qualifications and submittal in response to the criteria identified in the RFP. [Provide a
detailed discussion of the criteria utilized in the proposal - i.e. qualifications of staff
and principals, familiarity with the City of Palo Alto, financial stability, proposal
clarity, selection methodology.]
Company name was selected because [discuss how the selected firm meets the criteria
identified in the proposal. Include any additional considerations such as the
rationale behind the final versus proposed price, information on contract
negotiations that may have occurred.] Staff, with the concurrence of the City
Attorney, has determined that the firm is exempt from complying with the financial
disclosure provisions of the City’s conflict of interest code, because the firm’s range of
duties and services to be provided under the contract are limited in scope or are primarily
ministerial in nature. [If applicable]
RESOURCE IMPACT [See generic CMR format]
POLICY IMPLICATIONS [If applicable]
ENVIRONMENTAL REVIEW [See generic CMR format]
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ATTACHMENTS
Attachment A:
Attachment B:
Contract
Scope of Services
PREPARED BY:
DEPARTMENT HEAD:
YOUR NAME
Title
NAME
Director of
CITY MANAGER APPROVAL:
EMILY HARRISON
Assistant City Manager
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