Board Meeting - March 12, 2020
TRANSBAY JOINT POWERS AUTHORITY
BOARD OF DIRECTORS
NOTICE OF MEETING AND CALENDAR
Thursday, March 12, 2020
1 Dr. Carlton B. Goodlett Place, Room 416
San Francisco, CA
REGULAR MEETING
9:30 a.m.
BOARD OF DIRECTORS
Jeff Gee, Vice Chair
Elaine Forbes
Matt Haney
Michael Hursh
Boris Lipkin
Nadia Sesay
Jeffrey Tumlin
Tony Tavares (ex-officio)
Executive Director
Mark Zabaneh
Secretary
Nila Gonzales
425 Mission Street, Suite 250
San Francisco, California 94105
415-597-4620
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, N‑Judah, and T-Third at Van Ness and Civic Center Stations; F-Market; 19-Polk, 47‑Van Ness; 49-Mission-Van Ness; 5-Fulton; 6 Parnassus; 21-Hayes; 9‑San Bruno; and 71‑Haight Noriega. For more information about MUNI services call 311.
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 or NGonzales@TJPA.org, 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 or NGonzales@TJPA.org 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 2100 during regular business hours and are available online at www.TJPA.org.
If you need to use the services of a language interpreter, contact TJPA by calling 415.597.4620 or at info@TJPA.org. We require an advance notice of three business days to accommodate your request.
Si necesita usar los servicios de un intérprete de idioma, comuníquese con TJPA llamando al 415.597.4620 o en info@TJPA.org. Solicitamos un aviso previo de tres días hábiles para atender su solicitud.
如果您需要使用语言口译员，请联系TJPA，电话：415.597.4620，或电子邮件： info@TJPA.org。我们需要您在三个工作日之前告知，以满足您的要求
To assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, 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 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
RECESS REGULAR MEETING AND CONVENE CLOSED SESSION
CLOSED SESSION
3. Call to Order
4. Roll Call
5. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Gov. Code Section 54956.9)
Name of case: Lehman, et al. v. Transbay Joint Powers Authority, et al., San Francisco County Superior Court, Case No. CGC-16-553758
and
Name of case: Buttery, et al. v. Jeffries, et al., San Francisco County Superior Court, Case No. CGC-17-556292
and
Name of case: Chang, et al. v. Mission Street Development LLC, et al., San Francisco County Superior Court, Case No. CGC-17-556617
and
Name of case: Millennium Tower Association v. Mission Street Development LLC, et al., San Francisco County Superior Court, Case No. CGC-17-557830
and
Name of case: Montana, et al. v. Mission Street Development, LLC, et al., San Francisco County Superior Court, Case No. CGC-17-558649
and
Name of case: Ying, et al. v. Transbay Joint Powers Authority, et al., San Francisco County Superior Court, Case No. CGC-17-559210
and
Name of case: Maui Peaks Corp. v. Mission Street Development LLC, et al., San Francisco County Superior Court, Case No. CGC-17-560322
and
Name of case: Turgeon, et al. v. Transbay Joint Powers Authority, et al., San Francisco County Superior Court, Case No. CGC-18-564417
and
Name of case: Shadduck, et al. v. Snyder, et al., San Francisco County Superior Court, Case No. CGC-17-562423
6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Gov. Code Section 54956.9)
Name of case: Howard Historic Properties, LLC, et al. v. Transbay Joint Powers Authority, et al. San Francisco County Superior Court, Case No. CGC-19-576934
7. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case)
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING
8. Announcement of Closed Session
9. Communications
10. Board of Director’s New and Old Business
11. Executive Director’s Report
12. Construction Closeout Update
13. Citizens Advisory Committee Update
14. 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
15. 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.
(15.1) Approving the Minutes of the January 30, 2020 Special meeting.
(15.2) Approving the Minutes of the February 13, 2020 meeting.
(15.3) Authorizing the Executive Director to amend the professional services agreement for financial consulting services with Sperry Capital, to increase the Agreement by $850,000 and extend the term through December 2020.
(15.4) Authorizing the Executive Director to execute Amendment No. 15 to Contract No. 07-04-TTC-000, Professional Design Services for the Transbay Transit Center Building and Related Structures, with Pelli Clarke Pelli Architects, Inc. to increase the contract amount by $2,000,000 from $160,360,000 to $162,360,000 for services for coordination, design review, and other activities related to the development of Parcel F, located adjacent to the Salesforce Transit Center, which will be paid in full by F4 Transbay Partners, LLC (F4) under an existing escrow agreement established as part of the Purchase and Sale Agreement between the TJPA and F4.
(15.5) Authorizing the Director of Design & Construction for the Transit Center project, SF Public Works, to execute Amendment No. 9 to the Professional Services Agreement with Turner for Construction Management Oversight services to increase the amount by $2,000,000 to cover costs of $1,200,000, to be paid in full from Webcor/Obayashi’s retention, for additional services by LPI to satisfy the MTC’s Peer Review Panel inquiries and $800,000, to be paid in full by F4, for services related to the coordination/oversight for the construction of Parcel F tower as it relates to relocation of the transit center’s cooling tower vent and Parcel F bridge connection to the transit center rooftop park.
REGULAR CALENDAR
16. Approving the issuance of not to exceed $315,000,000 of tax allocation bonds to refinance the TIFIA Loan, repay all or a portion of the City Financing (as needed), and finance additional costs associated with the construction and design of the Transbay Terminal Project, including, but not limited to, payment of judgment or settlement obligations arising from litigation or other disputes relating to past or future Transbay Terminal Project construction or design activities; declaring its official intent to use a portion of the proceeds of the tax-exempt bonds to reimburse itself for certain expenditures made prior to the issuance of such bonds; approving the execution and delivery of various documents in connection with the offering and sale of such bonds; and authorizing the taking of certain other actions related thereto.
17. Approving changes to Board Policy No. 017, Debt Management Policy.
18. Establishing a Debt Service Budget as a distinct item separate from the Operating Budget, and adopting Amendment No. 3 to the Fiscal Year 2019-20 Capital Budget and Amendment No. 2 to the Fiscal Year 2019-20 Operating Budget; establishing a Tenant Improvements Capital Budget as a distinct capital activity separate from the Phase 1 Capital Budget; approving the reimbursement of Program Reserves in the Phase 1 Capital Budget; amending Board Policy No. 012, Reserve Policy, to establish a Capital Replacement Reserve; and approving contributions to the Fiscal Reserve and Capital Replacement Reserve from anticipated Series 2020 Bonds proceeds and cash on hand.
19. Approving the recommended applicants to the TJPA Citizens Advisory Committee.
20. Election of Chair and Vice Chair pursuant to the TJPA Joint Powers Agreement.
ADJOURN
The Ethics Commission of the City and County of San Francisco has asked us to remind individuals that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [Campaign and Gov't Conduct Code, Article II, Chapter 1, § 2.100, et seq.] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102, telephone (415) 252-3100, fax (415) 252-3124 and web site: www.sfethics.org.