Board Meeting – June 11, 2009

TRANSBAY JOINT POWERS AUTHORITY
BOARD OF DIRECTORS

NOTICE OF MEETING AND CALENDAR

Thursday, June 11, 2009
1 Dr. Carlton B. Goodlett Place, Room 416
San Francisco, CA

REGULAR MEETING
9:30 a.m.

BOARD OF DIRECTORS

Nathaniel Ford, Chair
Elsa Ortiz, Vice Chair
Mark Church
Michael Cohen
Chris Daly
Bijan Sartipi

Executive Director
Maria Ayerdi-Kaplan

Secretary
Nila Gonzales

201 Mission St. #2100
San Francisco, California  94105
415-597-4620
415-597-4615 fax

ACCESSIBLE MEETING POLICY

The Transbay Joint Powers Authority meeting will be held in Room 416, at 1 Dr. Carlton B. Goodlett Place, San Francisco, CA.  The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street.  Accessible MUNI lines serving this location are:  Muni Metro Lines J‑Church, K‑Ingleside, L‑Taraval, M‑Oceanview, and N‑Judah at Van Ness and Civic Center Stations; F-line; 47‑Van Ness; 49-Mission-Van Ness; 5-Fulton; 21-Hayes; 9‑San Bruno; and 71‑Haight Noriega.  For information about MUNI accessible services call 923‑6142.

The meeting room is wheelchair accessible.  Accessible curbside parking spaces have been designated on the Van Ness Avenue and McAllister Street perimeters of City Hall for mobility-impaired persons.  There is accessible parking available within the Civic Center Underground Parking Garage at the corner of McAllister and Polk Streets, and within the Performing Arts Parking Garage at Grove and Franklin Streets.

If you require the use of an American Sign Language interpreter, a sound enhancement system, or a reader during the meeting, such person or system can be made available upon request; please contact Nila Gonzales at (415) 597-4620, at least 72 hours prior to the meeting.  Late requests will be honored if possible.  Calendars and minutes of the meeting may be available in alternative formats; please contact Nila Gonzales at (415) 597-4620 at least 72 hours in advance of need.  Written reports or background materials for calendar items are available for public inspection and copying at 201 Mission St. Suite 1960 during regular business hours.

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 252‑3112 to discuss meeting accessibility.  In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.  Please help the City to accommodate these individuals.

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

9:30 – REGULAR MEETING

ORDER OF BUSINESS

1.  Call to Order

2.  Roll Call

3.  Communications

4.  Board of Director’s New and Old Business

5.  Executive Director’s Report

6.  Public Comment

Members of the public may address the Authority on matters that are within the Authority's
jurisdiction and are not on today's calendar.

THE FOLLOWING MATTERS BEFORE THE TRANSBAY JOINT POWERS AUTHORITY ARE RECOMMENDED FOR ACTION AS STATED BY THE EXECUTIVE DIRECTOR OR THE CHAIR.

CONSENT CALENDAR

7.  All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Transbay Joint Powers Authority, and will be acted upon by a single vote.  There will be no separate discussion of these items unless a member of the Board or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item.

(7.1)     Approving the Minutes of the April 9, 2009 meeting.

(7.2)     Authorizing the Executive Director to execute Amendment #7 to Request for Services #1 for Legal Services with Shute, Mihaly & Weinberger to increase the amount by $310,000, for a total maximum approved amount under Request for Services #1 from $2,330,000 to $2,640,000.

(7.3)     Approving the recommended applicant, D’Arcy Myjer, to serve as a member of the TJPA Citizens Advisory Committee to fill one of the two remaining vacant seats.

(7.4)     Approving the interim monthly budget for the first month of FY 2009-10 in an amount not to exceed $13,630,950.

REGULAR CALENDAR

8.  Presentation of and Public Hearing for draft Fiscal Year 2009-10 Capital Budget in an amount not to exceed $259,635,000 and draft Fiscal Year 2009-10 Operating Budget in an amount not to exceed $3,365,000.

9.  Approving the Small Business Enterprise (SBE) Program.

10.  Approving the FY 2009-10 Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) of 25.4%.

11.  Approving the Initial Project Report dated June 11, 2009, and a Resolution of Project Compliance for the allocation of Regional Measure 1 Funds in the Amount of $10,426,000 for the Transbay Transit Center/Caltrain Downtown Extension Project.

12.  Approving the updated Initial Project Report dated June 11, 2009, and a Resolution of Project Compliance for the allocation of Regional Measure 2 Funds in the Amount of $5,400,000 for the Transbay Transit Center/Caltrain Downtown Extension Project.

13.  Authorizing the Executive Director to execute the First Amendment to the Trolley Line Relocation and Street Modification Agreement with the San Francisco Municipal Transportation Agency to increase the Agreement amount from $811,962 to $1,111,962 and extend the termination date from December 31, 2009 to December 31, 2010.

14.  Authorizing the Executive Director to direct architectural consultants Pelli Clarke Pelli Architects to include design of the below-grade levels of the Transit Center in the construction for Phase 1 of the Transit Center.

RECESS MEETING AND CONVENE CLOSED SESSION

CLOSED SESSION

1. Call to Order

2. Roll Call

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8)

Property:  90 Natoma Street

TJPA Negotiators:  Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. Keeth, Shute, Mihaly & Weinberger LLP, outside counsel

Negotiating parties:  TJPA; CBTW, LP; John Giuffre; Colin O’Malley

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interest in 90 Natoma

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING

15.  Announcement of Closed Session.

ADJOURN

The Ethics Commission of the City and County of San Francisco has asked us to remind individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin. Code Sections 16.520 - 16.534] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street, Suite 801, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 554-8757 and web site: sfgov.org/ethics.