APPENDIX A
GENERAL, ECONOMIC AND DEMOGRAPHIC INFORMATION
RELATING TO THE CITY AND THE COUNTY
The following information concerning the City of Brisbane and San Mateo County is included only for the purpose of supplying general information regarding the City and the County. The Bonds are not a debt of the County, the State or any of its political subdivisions, and none of the County, the State nor any of their political subdivisions, except for the City, are liable therefor.
Although reasonable efforts have been made to include up-to-date information in this Appendix A, some of the information is not current due to delays in reporting of information by various sources. It should not be assumed that the trends indicated by the following data would continue beyond the specific periods reflected herein.
Introduction
City of Brisbane. The City was incorporated on November 27, 1961, as a general law city under the laws of the State of California (the “State”). The City is located in in San Mateo County (the “County”) and is bordered by the cities of San Francisco, Daly City, and South San Francisco. The San Bruno Mountain range surrounds the City to west and the San Francisco Bay is the easterly border of the City.
The City’s borders encompass approximately 20.1 square miles (3.1 sq. mi. land and 17 sq. mi. or 85% water). The main arterial road serving Brisbane is Bayshore Boulevard. The boulevard continues north to San Francisco and south to South San Francisco and San Francisco International Airport. U.S. Route 101 also goes past the city on the eastern side adjacent to San Francisco Bay. The City is part of the general San Francisco/Silicon Valley area with a largely commuter workforce.
San Mateo County. The County is one of nine counties bordering San Francisco Bay. It covers most of the San Francisco Peninsula. The County is the third-smallest county in the State by land area. San Francisco International Airport is located at the northern end of the county, and Silicon Valley begins at the southern end. The County’s built-up areas are mostly suburban with some areas being very urban and are home to several corporate campuses for companies. The County hosts the headquarters of Visa Inc, Sony Interactive Entertainment, Electronic Arts, YouTube, Genentech, and Gilead Sciences, as well as a hub of venture capital firms in Menlo Park and several other technology-related companies. 318
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Population
The table below summarizes population of the City, the County, and the State for the last five years.
CITY OF BRISBANE, SAN MATEO COUNTY, and CALIFORNIA
Population
Year
City of
Brisbane
San Mateo
County
State of
California
2018 4,654 770,927 39,519,535
2019 4,642 771,160 39,605,361
2020 4,621 771,061 39,648,938
2021 4,789 751,596 39,303,157
2022(1) 4,721 744,662 39,185,605
Source: California Department of Finance, E-4 Population Estimate for Cities, Counties, and the State, 2010-22, with 2010 Census Benchmark.
(1) Latest available data.
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Appendix A
Employment
The following table summarizes historical employment and unemployment for the County, the State and the United States:
SAN MATEO COUNTY, CALIFORNIA, and UNITED STATES
Civilian Labor Force, Employment, and Unemployment
(Annual Averages)
Unemployment
Year Area Labor Force Employment Unemployment Rate (1)
2018 San Mateo County 454,900 444,900 10,000 2.2
California 19,398,200 18,582,800 815,400 4.2
United States 162,075,000 155,761,000 6,314,000 3.9
2019 San Mateo County 460,000 450,600 9,400 2.0
California 19,411,600 18,627,400 784,200 4.0
United States 163,539,000 157,538,000 6,001,000 3.7
2020 San Mateo County 433,900 404,100 29,700 6.9
California 18,821,200 16,913,100 1,908,100 10.1
United States 160,742,000 147,795,000 12,947,000 8.1
2021 San Mateo County 431,200 411,500 19,700 4.6
California 18,923,200 17,541,900 1,381,200 7.3
United States 161,204,000 152,581,000 8,623,000 5.3
2022(2) San Mateo County 431,200 411,500 19,700 4.6
California 19,252,000 18,440,900 811,100 4.2
United States 164,287,000 158,291,000 5,996,000 3.6
Source: California Employment Development Department, Monthly Labor Force Data for Counties, Annual Average 2010-22, and US Department of Labor.
(1) The unemployment rate is computed from unrounded data; therefore, it may differ from rates computed from rounded figures available in this table.
(2) Latest available full-year data.
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Major Employers in the City and the County
The following table lists the top 10 employers within the City for the 2021 calendar year.
CITY OF BRISBANE
Top 10 Employers
For the 2021 Calendar Year (1)
% of
Employer Employees Total
Cutera Inc. 298 11.04%
LeeMAH Electronics Inc. 230 8.52
Bi-Rite Foodservice Distributors 225 8.33
Expeditors Intl Inc 199 7.37
The Realreal Inc 188 6.96
Ultragenyx Pharmaceutical Inc 163 6.04
Cal Pacific Systems 160 5.93
Transdev Services Inc 159 5.89
Amazon Fresh 158 5.85
Greenleaf 122 4.52
Total Top 10 1,902 70.44%
Source: City of Brisbane 2021-22 Annual Comprehensive Financial Report. (1) Latest available full-year data.
The following table lists the top 10 employers within the County for the 2021 calendar year.
SAN MATEO COUNTY
Top 10 Employers
For the 2021 Calendar Year(1)
% of
Employer Employees Total
Meta (Facebook Inc.) 15,407 3.51%
Genentech Inc. 12,000 2.73
Oracle Corp. 9,149 2.08
United Airlines 7,894 1.80
San Mateo County 5,705 1.30
Gilead Sciences Inc. 4,190 .95
YouTube 2,384 .54
Sony Interactive Entertainment 1,855 .42
Alaska Airlines 1,591 .36
Electronic Arts Inc. 1,478 .34
Total Top 10 61,653 14.03%
Source: San Mateo County Fiscal Year 2021-22 ACFR.
(2) Latest available full-year data.
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Appendix A
Construction Activity
The following table reflects the five-year history of building permit valuation for the City and the County:
CITY OF BRISBANE
Building Permits and Valuation
(Dollars in Thousands)
2017 2018 2019 2020 (1) 2021 (2)
Permit Valuation:
New Single-family $ 1,200 $ 4,750 $ 4,645 n/a $ 2,133
New Multi-family 925 - - -
Res. Alterations/Additions 1,697 2,269 1,020 1,607
Total Residential 3,822 7,019 5,665 3,740
Total Nonresidential 20,572 148,520 9,345 1,520
Total All Building 24,394 155,540 15,011 5,260
New Dwelling Units:
Single Family 2 8 5 3
Multiple Family 3 - - -
Total 5 8 5 3
SAN MATEO COUNTY
Building Permits and Valuation
(Dollars in Thousands)
2017 2018 2019 2020 2021 (2)
Permit Valuation:
New Single-family $ 338,186 $ 330,908 $ 486,257 $ 273,328 $ 371,580 New Multi-family 210,996 195,226 322,896 154,590 223,839 Res. Alterations/Additions 503,351 424,804 365,784 310,315 282,684 Total Residential 1,052,534 950,939 1,174,938 738,234 878,103 Total Nonresidential 2,390,996 2,555,752 1,419,871 1,379,975 990,221 Total All Building 3,443,530 3,506,691 2,594,809 2,118,209 1,868,325 New Dwelling Units:
Single Family 441 443 497 548 657
Multiple Family 1,169 1,046 1,049 439 638
Total 1,610 1,489 1,546 987 1,295
Source: Construction Industry Research Board: “Building Permit Summary.” Note: Columns may not sum to totals due to independent rounding. (1) 2020 data for Brisbane is not available.
(2) Latest available full year data.
Household Effective Buying Income
“Effective Buying Income” is defined as personal income less personal tax and nontax payments, a number often referred to as “disposable” or “after-tax” income. Personal income is the aggregate of wages and salaries, other labor-related income (such as employer contributions to private pension funds), 322
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proprietor’s income, rental income (which includes imputed rental income of owner-occupants of non-farm dwellings), dividends paid by corporations, interest income from all sources, and transfer payments (such as pensions and welfare assistance). Deducted from this total are personal taxes (federal, state and local), nontax payments (fines, fees, penalties, etc.) and personal contributions to social insurance. According to U.S. government definitions, the resultant figure is commonly known as “disposable personal income.” The following table summarizes the median household effective buying income for the City, the County, the State and the nation for the past five years.
CITY OF BRISBANE, SAN MATEO COUNTY,
STATE OF CALIFORNIA AND UNITED STATES
Median Household Effective Buying Income
2018 2019 2020 2021 2022
City of Brisbane $ 83,429 $ 91,375 $ 97,414 $ 111,077 $ 117,969 San Mateo County 93,319 96,614 102,641 120,425 123,273
California 62,637 65,870 67,956 77,058 77,175
United States 52,841 55,303 56,790 64,448 65,326
Source: Nielsen, Inc.
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Appendix B
APPENDIX B
ANNUAL COMPREHENSIVE FINANCIAL REPORT OF THE CITY
FOR THE FISCAL YEAR ENDED JUNE 30, 2022
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Appendix C
APPENDIX C
CITY INVESTMENT POLICY
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Appendix
APPENDIX D
SUMMARY OF CERTAIN PROVISIONS OF THE LEGAL DOCUMENTS
[TO COME]
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Appendix E
APPENDIX E
PROPOSED FORM OF BOND COUNSEL OPINION
[Letterhead of Quint & Thimmig LLP]
[Closing Date]
Brisbane/Guadalupe Valley Municipal
Improvement District Financing Authority
50 Park Place
Brisbane, California 94005
OPINION: $_________* Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Lease Revenue Bonds, Series 2023
Members of the Authority:
We have acted as bond counsel to the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority (the “Authority”) in connection with the delivery by the Authority of $_________* aggregate principal amount of the bonds of the Authority designated the “Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Lease Revenue Bonds, Series 2023” (the “Bonds”), pursuant to the provisions of Article 4 (commencing with section 6584) of Chapter 5 of Division 7 of Title 1 of the California Government Code (the “Law”), and pursuant to an indenture of trust, dated as of June 1, 2023 (the “Indenture”), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee, and a resolution of the Authority adopted on May 18, 2022. The Bonds are secured by a pledge of Revenues (as defined in the Indenture), primarily consisting of lease payments made by the City of Brisbane, California (the “City”) under a lease agreement, dated as of June 1, 2023 (the “Lease Agreement”), by and between the Authority and the City.
In connection with this opinion, we have examined the Law and such certified proceedings and other papers as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon representations of the Authority and the City contained in the Indenture and Lease Agreement and in the certified proceedings for the Bonds, and upon other certifications furnished to us, without undertaking to verify the same by independent investigation.
Based upon our examination we are of the opinion, under existing law, that:
1. The Authority is a duly constituted joint exercise of powers entity under the laws of the State of California with power to enter into the Indenture, to perform the agreements on its part contained therein and to issue the Bonds.
2. The Bonds constitute legal, valid and binding limited obligations of the Authority enforceable in accordance with their terms and payable solely from the sources provided therefor in the Indenture.
3. The Indenture has been duly approved by the Authority and constitutes a legal, valid and binding obligation of the Authority enforceable against the Authority in accordance with its terms. * Preliminary, subject to change.
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4. The Lease Agreement has been duly approved by the City and the Authority and constitutes a legal, valid and binding obligation of the City and the Authority enforceable against the City and the Authority in accordance with its terms.
5. The Indenture establishes a valid first and exclusive lien on and pledge of the Revenues (as such term is defined in the Indenture) and other funds pledged thereby for the security of the Bonds, in accordance with the terms of the Indenture.
6. Subject to the Authority’s and the City’s compliance with certain covenants, under present law, interest on the Bonds is excludible from gross income of the owners thereof for federal income tax purposes and is not includible as an item of tax preference in computing the alternative minimum tax for individuals under the Internal Revenue Code of 1986, as amended (the “Code”). For tax years beginning after December 31, 2023, interest on the Bonds may affect the corporate alternative minimum tax for certain corporations. Failure to comply with certain of such Authority and City covenants could cause interest on the Bonds to be includible in gross income for federal income tax purposes retroactively to the date of issuance of the Bonds.
7. Interest on the Bonds is exempt from personal income taxation imposed by the State of California.
Ownership of the Bonds may result in other tax consequences to certain taxpayers, and we express no opinion regarding any such collateral consequences arising with respect to the Bonds.
The rights of the owners of the Bonds and the enforceability of the Bonds, the Indenture and the Lease Agreement may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights heretofore or hereafter enacted and also may be subject to the exercise of judicial discretion in accordance with general principles of equity.
Our opinion represents our legal judgment based upon such review of the law and the facts that we deem relevant to render our opinion and is not a guarantee of a result. This opinion is given as of the date hereof and we assume no obligation to revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur.
Respectfully submitted,
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Appendix F
APPENDIX F
FORM OF CONTINUING DISCLOSURE CERTIFICATE
This CONTINUING DISCLOSURE CERTIFICATE (the “Disclosure Certificate”) is executed and delivered by the CITY OF BRISBANE, CALIFORNIA (the “City”) in connection with the issuance by the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority (the “Authority”) of its $_________* Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Lease Revenue Bonds, Series 2023 (the “Bonds”). The Bonds are being issued pursuant to an Indenture of Trust, dated as of June 1, 2023 (the “Indenture”), by and between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). Pursuant to Section 5.11 of that certain Lease Agreement, dated as of June 1, 2023, by and between the Authority and the City, the City covenants and agrees as follows:
Section 1. Definitions. In addition to the definitions set forth above and, in the Trust Agreement, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section 1, the following capitalized terms shall have the following meanings:
“Annual Report” means any Annual Report provided by the City pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate.
“Annual Report Date” means the date that is nine months after the end of the City’s fiscal year (currently March 31 based on the City’s fiscal year end of June 30). “Dissemination Agent” shall mean, initially, NBS or any successor Dissemination Agent designed in writing by the City and which has been filed with the then current Dissemination Agent a written acceptance of such designation.
“Fiscal Year” means any twelve–month period beginning on October 1 in any year and extending to the next succeeding September 30, both dates inclusive, or any other twelve–month period selected and designated by the City as its official fiscal year period under a certificate of the City filed with the Trustee. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information that may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future.
“Official Statement” means the final official statement executed by the City in connection with the issuance of the Bonds.
“Participating Underwriter” means collectively, Oppenheimer & Co., Inc., the original Underwriter of the Bonds.
“Rule” means Rule 15c2–12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as it may be amended from time to time. “Significant Events” means any of the events listed in Section 5(a) of this Disclosure Certificate.
Section 2. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the City for the benefit of the holders and beneficial owners of the Bonds and in order to assist the Participating Underwriter in complying with S.E.C. Rule 15c2– 12(b)(5). * Preliminary, subject to change.
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Section 3. Provision of Annual Reports.
(a) The City shall, or shall cause the Dissemination Agent to, not later than the Annual Report Date, commencing March 31, 2024, with the report for fiscal year 2022-23 provide to the MSRB, in an electronic format as prescribed by the MSRB, an Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than 15 Business Days prior to the Annual Report Date, the City shall provide the Annual Report to the Dissemination Agent (if other than the City). If by 15 Business Days prior to the Annual Report Date the Dissemination Agent (if other than the City) has not received a copy of the Annual Report, the Dissemination Agent shall contact the City to determine if the City is in compliance with the previous sentence. The Annual Report may be submitted as a single document or as separate documents comprising a package and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the City may be submitted separately from the balance of the Annual Report, and later than the Annual Report Date, if not available by that date. If the City’s fiscal year changes, it shall give notice of such change in the same manner as for a Significant Event under Section 5(c). The City shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by the City hereunder.
(b) If the City does not provide (or cause the Dissemination Agent to provide) an Annual Report by the Annual Report Date, the City in a timely manner shall provide (or cause the Dissemination Agent to provide) to the MSRB, in an electronic format as prescribed by the MSRB, a notice in substantially the form attached as Exhibit A. (c) With respect to each Annual Report, the Dissemination Agent shall:
(i) determine each year prior to the Annual Report Date the then–applicable rules and electronic format prescribed by the MSRB for the filing of annual continuing disclosure reports; and (ii) if the Dissemination Agent is other than the City, file a report with the City certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, and stating the date it was provided.
Section 4. Content of Annual Reports. The City’s Annual Report shall contain or incorporate by reference the following:
(a) Financial Statements. Audited financial statements of the City for the preceding fiscal year, prepared in accordance with generally accepted accounting principles. If the City’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available.
(b) Other Annual Information. Unless otherwise provided in the audited financial statements filed on or prior to the annual filing deadline for Annual Reports provided for in Section 3 above, financial information and operating data with respect to the City for preceding fiscal year, of the type provided in Tables ____ and _____ in the official statement for the Bonds in the section therein entitled “CITY FINANCIAL INFORMATION.” (c) Cross References. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the City or related public entities, which are available to the public on EMMA. The City shall clearly identify each such other document so included by reference.
If the document included by reference is a final official statement, it must be available from EMMA. (d) Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the City or related public entities, which are available to the public on the MSRB’s 333
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Internet web site or filed with the Securities and Exchange Commission. The City shall clearly identify each such other document so included by reference.
Section 5. Reporting of Significant Events.
(a) The City shall give, or cause to be given, notice of the occurrence of any of the following Significant Events with respect to the Bonds:
(i) Principal and interest payment delinquencies;
(ii) Non–payment related defaults, if material;
(iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers, or their failure to perform; (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security;
(vii) Modifications to rights of security holders, if material; (viii) Bond calls, if material, and tender offers;
(ix) Defeasances;
(x) Release, substitution, or sale of property securing repayment of the securities, if material; (xi) Rating changes;
(xii) Bankruptcy, insolvency, receivership or similar event of the City or other obligated person; (xiii) The consummation of a merger, consolidation, or acquisition involving the City or an obligated person, or the sale of all or substantially all of the assets of the City or an obligated person (other than in the ordinary course of business), the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (xv) The incurrence of a financial obligation of the City or other obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or other obligated person, any of which affect security holders, if material; or (xvi) A default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City or other obligated person, any of which reflect financial difficulties.
(b) Whenever the City obtains knowledge of the occurrence of a Significant Event, the City shall, or shall cause the Dissemination Agent (if not the City) to, file a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the 334
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Significant Event. Notwithstanding the foregoing, notice of Significant Events described in subsection (a)(viii) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds under the Trust Agreement.
(c) The City acknowledges that the events described in subparagraphs (a)(ii), (a)(vii), (a)(viii) (if the event is a bond call), (a)(x), (a)(xiii), (a)(xiv) and (a) (xv) of this Section 5 contain the qualifier “if material.” The City shall cause a notice to be filed as set forth in paragraph (b) above with respect to any such event only to the extent that the City determines the event’s occurrence is material for purposes of U.S. federal securities law. The City intends that the words used in paragraphs (xv) and (xvi) and the definition of “financial obligation” to have the meanings ascribed thereto in SEC Release No. 34-83885 (August 20, 2018) or any further guidance or release provided by the SEC. (d) For purposes of this Disclosure Certificate, any event described in paragraph (a)(xii) above is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City.
Section 6. Identifying Information for Filings with the MSRB. All documents provided to the MSRB under this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB.
Section 7. Termination of Reporting Obligation. The City’s obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds.
Section 8. Dissemination Agent. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any Dissemination Agent, with or without appointing a successor Dissemination Agent. Any Dissemination Agent may resign by providing 30 days’ written notice to the City.
Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the City may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied:
(a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Trust Agreement for amendments to the Trust Agreement with the consent of holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds.
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data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided.
If an amendment is made to the undertaking specifying the accounting principles to be followed in preparing financial statements, the annual financial information for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the City to meet its obligations. To the extent reasonably feasible, the comparison shall be quantitative.
The Dissemination Agent shall not be obligated to enter into any amendment increasing or affecting its duties or obligations hereunder.
A notice of any amendment made pursuant to this Section 9 shall be filed in the same manner as for a Significant Event under Section 5(b).
Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Significant Event, in addition to that which is required by this Disclosure Certificate. If the City chooses to include any information in any Annual Report or notice of occurrence of a Significant Event in addition to that which is specifically required by this Disclosure Certificate, the City shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Significant Event.
Section 11. Default. If the City fails to comply with any provision of this Disclosure Certificate, the Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Trust Agreement, and the sole remedy under this Disclosure Certificate in the event of any failure of the City to comply with this Disclosure Certificate shall be an action to compel performance.
Section 12. Duties, Immunities and Liabilities of Dissemination Agent. (a) Article IX of the Trust Agreement is hereby made applicable to this Disclosure Certificate as if this Disclosure Certificate were (solely for this purpose) contained in the Trust Agreement. The Dissemination Agent shall be entitled to the protections and limitations from liability afforded to the Trustee thereunder. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the City agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which they may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall have no duty or obligation to review any information provided to it by the City hereunder and shall not be deemed to be acting in any fiduciary capacity for the City, the Bond holders or any other party. The obligations of the City under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. (b) The Dissemination Agent shall be paid compensation by the City for its services provided hereunder in accordance with its schedule of fees as amended from time to time, and shall be reimbursed for all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. 336
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Section 13. Notices. Any notices or communications to or among any of the parties to this Disclosure Certificate may be given as follows:
City: City of Brisbane
50 Park Place
Brisbane, CA 94005
Attention: Finance Director
Dissemination Agent: NBS
62605 Temecula Parkway, Suite 100
Temecula, CA 92592
Attention: ______________
Participating Underwriter: Oppenheimer & Co., Inc.
580 California Street, Suite 2300
San Francisco, CA 94104
Attention: _________________
Section 14. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the City, the Dissemination Agent, the Participating Underwriter and the Owners and Beneficial Owners from time to time of the Bonds and shall create no rights in any other person or entity.
Date: [Closing Date]
NBS, as Dissemination Agent
By
Authorized Officer
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EXHIBIT A
NOTICE TO MSRB OF FAILURE TO FILE ANNUAL REPORT
Name of Obligor: City of Brisbane
Name of Issue: Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority Lease Revenue Bonds, Series 2023
Date of Issuance: [Closing Date]
NOTICE IS HEREBY GIVEN that the Obligor has not provided an Annual Report with respect to the above-named Issue as required by the Continuing Disclosure Certificate, dated [Closing Date], furnished by the Obligor in connection with the Issue. The Obligor anticipates that the Annual Report will be filed by _________________.
Date: ________________
NBS, as Dissemination Agent
By
Authorized Officer
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Appendix G
APPENDIX G
BOOK-ENTRY ONLY SYSTEM
The following description of the procedures and record keeping with respect to beneficial ownership interests in the Bonds, payment of principal, redemption premium, if any, and interest with respect to the Bonds to The Depository Trust Company (“DTC”), New York, NY, its Participants or Beneficial Owners, confirmation and transfers of beneficial ownership interests in the Bonds and other related transactions by and between DTC, its Participants and the Beneficial Owners is based solely on the understanding of the Authority of such procedures and record keeping from information provided by DTC. Accordingly, no representations can be made concerning these matters and neither DTC, its Participants nor the Beneficial Owners should rely on the foregoing information with respect to such matters, but should instead confirm the same with DTC or its Participants, as the case may be. The City, the Authority, the Trustee and the Underwriter understand that the current “Rules” applicable to DTC are on file with the Securities and Exchange Commission and that the current “Procedures” of DTC to be followed in dealing with Participants are on file with DTC.
DTC will act as securities depository for the Bonds. The Bonds will be issued as fully registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully registered Bond certificate will be issued for each maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC.
DTC, the world’s largest depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTTC is owned by users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC is rated AA+ by Standard & Poor’s. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com.
Purchases of the Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized 340
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Appendix G
representative of DTC. The deposit of the Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not affect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time.
Beneficial Owners of the Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Indenture. For example, Beneficial Owners of the Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC, if less than all of the Bonds within a maturity are being redeemed.
DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in each issue to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Payments of principal of, premium, if any, and interest on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City, the Authority or the Trustee, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, the Trustee, the City or the Authority, subject to any statutory or regulatory requirements as may be in effect from time to time. Payments of principal of, premium, if any, and interest on the Bonds by Cede & Co (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City, the Authority or the Trustee, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City, the Authority or the Trustee. Under such circumstances, in the event that a successor depository is not obtained, Bond certificates are required to be printed and delivered.
The Authority may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be printed and delivered.
The foregoing information concerning DTC and DTC’s book-entry system has been provided by DTC, and neither the Authority nor the Trustee takes any responsibility for the accuracy thereof.
NEITHER THE AUTHORITY NOR THE TRUSTEE WILL HAVE ANY RESPONSIBILITY OR
OBLIGATION TO DTC PARTICIPANTS, INDIRECT PARTICIPANTS OR BENEFICIAL OWNERS WITH
RESPECT TO THE PAYMENTS OR THE PROVIDING OF NOTICE TO DTC PARTICIPANTS, INDIRECT PARTICIPANTS OR BENEFICIAL OWNERS OR THE SELECTION OF BONDS FOR REDEMPTION. 341
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Neither the Authority nor the Trustee can give any assurances that DTC, DTC Participants, Indirect Participants or others will distribute payments of principal of, premium, if any, and interest on the Bonds paid to DTC or its nominee, as the registered Owner, or any redemption or other notice, to the Beneficial Owners or that they will do so on a timely basis or that DTC will serve and act in a manner described in this Official Statement.
In the event that the book-entry system is discontinued as described above, the requirements of the Indenture will apply.
The City, the Authority and the Trustee cannot and do not give any assurances that DTC, the Participants or others will distribute payments of principal, interest or premium, if any, evidenced by the Bonds paid to DTC or its nominee as the registered owner, or will distribute any redemption notices or other notices, to the Beneficial Owners, or that they will do so on a timely basis or will serve and act in the manner described in this Official Statement. Neither the Authority nor the Trustee are responsible or liable for the failure of DTC or any Participant to make any payment or give any notice to a Beneficial Owner with respect to the Bonds or an error or delay relating thereto. 342
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File Attachments for Item:
M. Consider Approval of Construction Contract for Brisbane Administrative Offices (Assuming that Agenda Item L has been adopted, it is being recommended to award the Brisbane Administrative Offices construction contract (Project No. 922A) to Argo Construction, Inc. in the amount of $3,174,000 and authorize the mayor to sign the Agreement on behalf of the City.)
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Award Brisbane Administrative Offices (No. 922A) Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: June 1, 2023
From: Randy Breault, Director of Public Works/City Engineer Subject: Construction Contract for Brisbane Administrative Offices Community Goal/Result: Fiscally Prudent
Purpose
To complete a tenant improvement (TI) project on a building leased by the city. This TI on the building at 25 Park Place will accommodate a relocation of city administrative staff that will free up space in existing City Hall for anticipated staff and consultant workspaces needed in the near future to process multiple major development applications.
Recommendation
Award the Brisbane Administrative Offices construction contract (Project No. 922A)to Argo Construction, Inc. in the amount of $3,174,000 and authorize the mayor to sign the Agreement on behalf of the City.
Environmental Review
This project is exempt from CEQA review; State CEQA Statute & Guidelines, Section 15301/Class 1 (alteration of existing facilities). Accordingly, no further environmental review is necessary.
Background: The city received seven bids on May 4, 2023:
Argo Construction $3,174,000.00
D.L. Falk Construction $3,574,000.00
Angotti & Reilly $3,584,111.00
Svala Construction $3,673,525.00
ENGINEER’S ESTIMATE $3,825,000.00
CWS Construction Group $4,095,000.00
Rodan Builders $4,099,000.00
Zone 4 Construction $4,148,460.001
The apparent low bidder’s proposal is responsive, and the bidder is responsible.
Fiscal Impact
Funds for this project are anticipated to be received from a bond issuance, which is a staff report preceding this item on this agenda.
1 Proposal price as corrected by staff
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Award Brisbane Administrative Offices (No. 922A) Page 2 of 2 Randy Breault, Director of Public Works/City Engineer Clayton Holstine, City Manager 349
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File Attachments for Item:
N. Consider Approval of Construction Management Services for 25 Park Remodel (Assuming that Agenda Items L an M have been adopted/approved, it is being recommended that the Mayor be authorized to sign a Task Order in the amount of $314,104.40 to JMW Consulting Engineers, and to also sign a Professional Services Agreement if deemed necessary by the City Attorney.)
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CITY COUNCIL AGENDA REPORT
Construction Management Services – 25 Park Page 1 of 2
Meeting Date: June 1, 2023
From: Director of Public Works/City Engineer
Subject: Construction Management Services for 25 Park Remodel Community Goal/Result
Fiscally Prudent
Purpose
To obtain construction management (CM) services to oversee the construction contract for the remodel of Brisbane Administrative Offices (Project No. 922A). Hiring a construction management professional on a project-by-project basis is the most cost-effective method of ensuring infrequent, high-dollar projects are completed to the city’s standards.
Recommendation
Authorize the Mayor to sign a Task Order in the amount of $314,104.40 to JMW Consulting Engineers, and to also sign any revised Professional Services Agreement deemed necessary by the City Attorney.
Discussion
James Wilcenski is the Principal of JMW Consulting Engineers. Mr. Wilcenski first provided CM services to the city as part of a team overseeing the construction of Tunnel Avenue Bridge in the early 2000s. Subsequently, he served as CM for the City Hall Remodel and the construction of the New Brisbane Library.
Based on the long and satisfactory relationship between JMW and the city, staff has determined that it is appropriate to sole source this request for the provision of professional services.
Fiscal Impact
Funds for this project are anticipated to be received from a bond issuance, which is a staff report preceding this item on this agenda.
Measure of Success
A remodel completed per the approved plans and specifications and within the general contractor’s bid amount.
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Construction Management Services – 25 Park Page 2 of 2
Attachments
1. JMW Consulting Engineers 4/2/23 Cost Proposal
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 2 of 3
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April 2, 2023
COST PROPOSAL
CM SERVICES FOR BRISBANE ADMINISTRATIVE OFFICES
2023 (6 Months) 2024 (6 Months)
ANTICIPATED
WORK
Project Startup: Submittals, Site
Demo, Utilities, Framing
Building and Site Improvements;
HVAC, Electrical/Low Voltage,
Project Closeout
Team Member Est.
Hrs.
Rate Cost Est. Hrs. Rate Cost
Construction
Manager
672 $190.00 $127,680.00 744 $197.60 $147,014.40
Office Assistant $55.00 $55.00
Yearly Subtotals $131,040.00 $147,014.40
Labor from Above $278,054.40
Materials Testing (est. billed at current rates) $30,000.00 Other Direct Costs $5,000.00
3% Markup on Materials Testing and Directs $1,050.00
TOTAL $314,104.40
Notes:
1. The above estimate is based on a 12-month construction duration and 1-month closeout, as provided by the project design team and owner, at 24 hrs per week.
2. The above rates include salary, overhead, cell phone, and vehicle for each employee. These rates can be broken out if requested.
3. A 4% per year increase in rates is included to account for labor inflation.
4. City to provide office space, including utilities and office incidentals for CM staff of project files.
5. Other Direct Costs include reimbursable project costs including office supplies, copies nd reproduction, postage and shipping.
6. This proposal is valid for 90 days from the date of submission.
OPTIONAL PROPOSAL
City may elect to utilize experienced city staff to assist in Construction Management, at the agreement of both parties, to minimize some of the above proposed labor costs. 594 Rocca Avenue, South San Francisco, CA 94080 (650) 619-6112 email [email protected] 3 of 3
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File Attachments for Item:
O. Consider Approval of Request for Proposals for Executive Recruitment Services 354
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Approve Resolution Authorizing the Issuance of a Request for Proposals for the City Manager Recruitment
CITY COUNCIL AGENDA REPORT
Meeting Date: June 1, 2023
From: Abby Partin, Human Resources Administrator
Subject: Approve Resolution Authorizing the Issuance of a Request for Proposals for the City Manager Recruitment
Community Goal/Result
Safe Community - Residents and visitors will experience a sense of safety Community Building - Brisbane will honor the rich diversity of our city (residents, organizations, businesses) through community engagement and participation Ecological Sustainability - Brisbane will be a leader in setting policies and practicing service delivery innovations that promote ecological sustainability Fiscally Prudent - Brisbane's fiscal vitality will reflect sound decisions which also speak to the values of the community
Economic Development - Brisbane will work with the businesses and residents to provide for economic vitality/diversity
Purpose
To assist the City Council in recruiting, interviewing and selecting a qualified individual to serve as the next City Manager.
Recommendation
Authorize the issuance of the Request for Proposals (RFP) for professional executive recruiting firm services associated with the recruitment of the next City Manager.
Background
With the current City Manager expecting to retire at the end of 2023, City Council directed staff to solicit qualified and experienced executive recruitment firms to serve as the consultant to assist the Council in the hiring process for a new City Manager.
Discussion
To assist the City Council and staff in their efforts to recruit the next City Manager, staff has developed a Request for Proposals for the City Council’s review and approval. Retaining a professional executive recruiting firm would be advantageous to the City Council as this will broaden the scope of the City Manager search and typically provide access to highly qualified 355
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Approve Resolution Authorizing the Issuance of a Request for Proposals for the City Manager Recruitment
candidates. In addition, a professional executive recruitment firm would be able to focus on the City Council’s current and future needs and provide support throughout every aspect of the recruitment and hiring process. Should the Council decide to move forward with issuing a RFP, the estimated timeline for various activities related to the procurement and selection process for such firm are as follows:
June 1, 2023 City Council Approve the Proposed RFP Draft June 2, 2023 Send approved RFP to Executive Recruitment Firms June 21, 2023 Proposal submission period closes
June 27, 2023 Proposal review and evaluation with Sub-Committee to determine recommendations to all members of City Council June 29, 2023 City Council approval of Executive Recruitment Firms to interview July 6, 2023 Executive Recruitment Firm Interviews
Fiscal Impact
The estimated recruitment costs to retain the services of an executive recruiting firm could range from $25,000-$35,000, which will be incorporated in the ensuing budget year.
Measure of Success
To retain the most qualified City Manager for the City of Brisbane.
Attachments
Resolution 2023-XX
___________________________________ ___________________________________ Abby Partin, Human Resources Administrator Clay Holstine, City Manager 356
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RESOLUTION NO 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR
THE RECRUITMENT OF THE CITY MANAGER
WHEREAS, the City Council of the City of Brisbane recognizes the need to fill the position of the City Manager; and
WHEREAS, the City Council of the City of Brisbane wish to contract with a professional executive recruitment firm to assist with the recruitment of the City Manager.
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
The Request for Proposals draft for the Recruitment of the City Manager in Exhibit “A” is approved for issuance to professional executive recruitment firms.
Section 1. Resolution Number 2000-04 is
_________________
Madison Davis, Mayor
I hereby certify that the foregoing Resolution No. 2023-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on June 1, 2023, by the following vote:
Ayes:
Noes:
Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
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CITY OF BRISBANE
City of Brisbane
50 Park Place
Brisbane, California 94005
Attn: Abby Partin, Human Resources Administrator
[email protected]
Release Date: June 2, 2023
Proposals Due: June 21, 2023
Request for Proposals for
City Manager Recruitment Services
Exhibit A
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City Manager Recruitment Services
RELEASE DATE: June 2, 2023
CLOSING DATE/TIME: June 21, 2023
All Proposals must be received by the closing date and time.
CONTACT PERSON: Abby Partin, Human Resources Administrator [email protected]
Brisbane City Hall
50 Park Place
Brisbane, California 94005
(415) 508-2100
I. INTRODUCTION
The City of Brisbane is seeking proposals for services from a qualified executive search firm to assist the City Council in the selection of a new City Manager.
II. BACKGROUND
Nestled on the slopes of San Bruno Mountain, Brisbane (pop. 4,851) is a small city located immediately south of San Francisco on the Peninsula. It enjoys a sunny climate, fine views of the Bay, and a diverse, small-town atmosphere with easy access to all the amenities of the surrounding metropolitan areas.
Brisbane residents place a high value on the unique charm and natural beauty of the city’s mountain setting and on its close-knit community spirit. Almost entirely enveloped by San Bruno Mountain State and County Park, Brisbane is bordered on the east by the San Francisco Bay, and encompasses approximately 20.1 square miles (3 square miles of land and 17 square mile or 85% water). Due to the resulting lack of a standard lot size, Brisbane enjoys an individualistic housing style.
Brisbane is also home to industrial areas and modern office parks that, prior to the Covid pandemic, increased its daytime service population to approximately 12,000. The City is facing the challenge of dealing with future growth in a positive way that will enhance and preserve its small-town character while ensuring continued economic viability. 359
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In 2018, Brisbane voters approved a General Plan Amendment that will allow a doubling of the size of the city through a large development on the Brisbane Baylands. This area is a historical railyard and garbage waste dump. This project will be complicated and necessitate extensive public engagement, which will require an exceptionally collaborative and astute leader, who has the ability to establish a relationship and trust with the City Council, staff, and residents.
As part of the San Francisco Bay Area, Brisbane also enjoys easy access to numerous world-renowned amenities. The Bay Area is known for its cuisine, cultural and performing arts, sports, and outdoor recreation opportunities. It is home to well-educated residents and offers some of the finest educational institutions in the country, including Stanford University, UC Berkeley, San Francisco State University, and the University of San Francisco, as well as numerous local community colleges. Well above 50 percent of area residents have graduated from college and beyond, and a full 16 percent hold graduate degrees, topping the ranking of major cities in the United States. With a total population of 7.1 million people and an annual economy of about $535 billion, the San Francisco Bay Area, if it were an independent country, would rank as the world’s 19th largest economy.
CITY GOVERNMENT
The City of Brisbane is a General-Law City operating under a Council-Manager form of government. The City Council consists of five members elected at large to staggered, four-year terms, and the mayor is appointed by the Council each year. The Council serves as the City’s legislative branch and makes final decisions on all major city matters, adopts necessary ordinances and resolutions, approves the budget and acts as a board of appeals, and appoints the City Manager, the City Attorney, and the members of the City’s commissions.
The City Manager serves as Chief Administrator for the City and is responsible for providing policy recommendations to the City Council as well as acting as the Council’s representative in order to meet with citizens, employees, or businesses to present the City’s position or to implement its policies.
Brisbane’s Government is organized into the following departments: Administration, including the City Manager, City Attorney, City Clerk, Finance, Human Resources; Community Development (Building & Planning); Fire; Marina; Parks & Recreation; Police; and Public Works. City Manager is responsible for all city departments other than City Attorney.
III. SCOPE OF WORK
The successful consulting firm will be expected, at minimum, to perform the following:
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• Meet with the City Council and/or stakeholder groups as necessary to facilitate the development of an appropriate candidate profile and list of priorities for the new City Manager.
• Validate desirable candidate characteristics through discussions with the City Council.
• Develop and execute an inclusive plan for the City Manager recruitment (print, web, social media, targeted calls, etc.)
• Identify specific strategies to encourage highly qualified applicants from diverse backgrounds to apply.
• Acknowledge receipt of candidates’ application materials and maintain communication with all candidates throughout the recruitment process. • Answer questions from candidates and collect application materials. • Review the applications received, comparing them to the desired candidate profile.
• Advise the City Council on the qualifications of the candidates, develop a list of recommended candidates for interviews, provide a written report summarizing the overall candidate pool and the qualifications of those selected to be interviewed.
• Perform initial screening interviews with the most qualified candidates. • Advise the City Council on interview strategies, appropriate questions, and evaluation tools.
• Attend the interview sessions for semi-finalist candidates. • Assist the City Council in selection of finalists.
• Conduct complete background and reference checks on finalist candidates, including public records searches and credit checks.
• Prepare and present a confidential reference report on each finalist candidate. • Facilitate the final interview process and be available to assist the City Council as it makes a selection.
• Provide progress reports at least bi-weekly to the City Council. Periodic on-site meetings may be required to discuss ongoing progress.
• Assist the City with employment contract negotiations. • Maintain all correspondence and record-keeping throughout the process. • Compile search documentation and prepare a final written summary of all work performed and outreach taken related to developing, conducting, and completing the search.
IV. PROPOSAL REQUIREMENTS
Each proposal shall include the following information:
A. A detailed timeline for the completion of all the services described in the Scope of Work.
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B. Background information on the firm, including details of the firms experience with similar recruitments, including the number of City Manager searches and placements; a brief resume of the individual(s) assigned to this project; contact information for three (3) references; and sample work products including recruiting brochures, candidate questionnaires, candidate reference reports, etc. The proposal should include information about the firm’s current engagements and an affirmation of the firm’s ability to focus on this project.
C. A proposed schedule for each phase of the process, including development of the recruitment profile, search, background evaluations, interviews, and selection. Note that the Brisbane City Council meets on the first and third Thursdays of the month. The Council will be taking a summer break but special meetings may be called, if needed.
D. Information about the firm’s approach in the event of a recruitment that does not produce a viable candidate or the premature dismissal or resignation of the selected candidate.
E. A “not to exceed” fee for all the professional services and tasks described in the Scope of Work as well as a specific “not to exceed” amount for expenses related to the professional services.
F. A list of any additional activities and/or techniques that might be helpful to incorporate into the recruitment and selection process and the specific cost for adding such services.
G. The hourly rate at which the City would be billed for any services that the City might request outside the scope of the items in the RFP.
V. SELECTION PROCESS
The City Council will select the firms or individuals to be interviewed and may consider, at minimum, the following criteria:
• Prior successful recruitments, especially for the position of City Manager • Responsiveness to this Request for Proposal
• Qualifications and experience of the individuals assigned to the project • Experience with candidates from within and outside California • Schedule and availability
• Cost of services
• Reference contact results
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VI. PROPOSAL SUBMISSION INFORMATION
Seven hard copies of the proposal must be submitted no later than 5:00 p.m. on June 21, 2023.
Abby Partin, Human Resources Administrator
Brisbane City Hall
50 Park Place
Brisbane, California 94005
Or send a pdf file by email to: [email protected]
The City reserves the right to reject any and all proposals submitted, to request clarification of services submitted, to request additional information, and to waive any irregularity in the proposal. Finalist candidates may be asked to present their qualifications to the City Council. Following proposal evaluations, interviews and reference calls, the award of a contract to the successful consultant will be at the sole discretion of the City Council.
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File Attachments for Item:
Q. Countywide Assignments and Subcommittee Reports
- Public Art Advisory Committee6/26 4:30pmCunningham, Davis 364
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CITY of BRISBANE
Subcommittee Update
From May 13th, 2023 to May 26th, 2023
Transportation Demand Management (TDM) Policy Subcommittee 5/24 Cunningham, Lentz Staff reviewed the Draft Transportation Demand Management (TDM) Ordinance with the subcommittee. In 2021, the subcommittee discussed the implications of C/CAG’s new TDM policy, potential TDM strategies at Sierra Point, and whether a Brisbane-specific TDM ordinance would more effectively result in trip reduction and mode shift than simply relying on a countywide C/CAG policy.
Subsequently, in February 2022 the subcommittee directed staff to move forward with transportation consultant Fehr & Peers to create a TDM strategy for Brisbane to be more responsive to our unique challenges and opportunities.
The draft ordinance would replace and supersede Brisbane Municipal Code Chapter 10.52 in its entirety, and it would also capture more projects that would otherwise not be subject to C/CAG’s countywide TDM policy. All projects subject to the requirements of the draft Ordinance would be required to incorporate trip reduction measures, based on a tiered system: Tier 1 includes uses with the least impact on TDM such as residential and certain nonresidential uses; Tier 2 uses would be in the middle with regards to traffic impacts which captures most commercial uses found within Crocker Park, such as warehousing, and all office/R&D uses (citywide) between 10,000 and 50,000sqft; and Tier 3 uses have the greatest impacts in the City and includes all office/R&D uses larger than 50,000 square feet - the primary generators of peak period commute trips and vehicle miles traveled in the City.
The subcommittee made some recommendations and asked for some additional feedback from Fehr & Peers. This will come before the Council in the Fall with amended recommendations.
Upcoming Subcommittees:
Public Art Advisory Committee 6/26 4:30pm Cunningham, Davis 365
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