Board Meeting - October 14, 2010
TRANSBAY JOINT POWERS AUTHORITY
BOARD OF DIRECTORS
NOTICE OF MEETING AND CALENDAR
Thursday, October 14, 2010
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, 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@TransbayCenter.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@TransbayCenter.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.TransbayCenter.org.
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
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 September 9, 2010 meeting.
(7.2) Authorizing the Executive Director to execute Amendment No. 1 to the Agreement with Local Government Services for Human Resources Management, extending the term for an additional two (2) years.
REGULAR CALENDAR
8. Approving an Amendment to Contract No. 08-04-CMGC-000, authorizing Webcor/Obayashi Joint Venture to award a Trade Subcontract to Trinet Construction Incorporated as the responsible bidder submitting the lowest responsive bid in the amount of $4,796,301 for TG04.5.1 – Minna Street Utility Demolition, Installation of Water, Sewer, and Joint Trench for gas, electrical, and telecommunications, and thereby increasing authorized Direct Costs under Contract No. 08-04-CMGC-000 from $0 to $4,796,301 and increasing the authorized Construction Services Fee from $0 to $374,591.11.
9. Authorizing the Executive Director to execute Amendment No. 2 to the Agreement for professional design and construction administration services for the Transit Center Building and Related Structures with Pelli Clarke Pelli Architects, to incorporate the "bottom-up" sequence to design and construction; to provide Construction Administration services for the extended construction period; to provide electronic monitoring of settlement and soil conditions during excavation and construction of the train box; and to increase Additional Services allowance to $30,000,000 reflecting these and other additional services.
10. Authorizing the Executive Director to execute Amendment No. 1 to the Agreement with Parsons for Engineering Design services for the Caltrain Downtown Extension project for a maximum compensation of $1,200,000 and authorizing the amendment of the TJPA Fiscal Year 2011 Budget to increase the line item for Downtown Extension Engineering & Design by $460,000 to $1,210,000.
11. Authorizing the Executive Director to execute an Agreement for Quitclaim of Interest and related Agreements as a condition of the TJPA’s receipt of a grant from the San Mateo County Transportation Authority of $12,262,000 for acquisition of 85 Natoma for the Downtown Rail Extension project.
RECESS REGULAR 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: Portion of Caltrans Parcel T bounded by the Transbay Terminal, Fremont, Mission, and First Streets
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director; Charles Sullivan, Deputy City Attorney; and Andrew W. Schwartz, Shute, Mihaly & Weinberger, outside counsel
Negotiating parties: TJPA and Hines
Under negotiation: Terms of the Exclusive Negotiating Agreement between the TJPA and Hines and the price and terms of Hines’ purchase of the Property from the TJPA
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8) and CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Gov. Code section 54956.9(c))
(4.1) Property: 60 Tehama Street, San Francisco (Block 3736, Lot 88)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Peter F. Byrne, trustee of The Peter F. Byrne Revocable Trust Dated 12/5/07; Thomas P. Byrne
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 60 Tehama Street
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.2) Property: 564 Howard Street, San Francisco (Block 3721, Lot 19)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; 564 Howard Street, LLC; Claude & Nina Gruen; Howard N. Ellman
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 564 Howard Street
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.3) Property: 568 Howard Street, San Francisco (Block 3721, Lot 20)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; InvesMaster Corp.; Virgil Chen; Norman E. Matteoni
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 568 Howard Street
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.4) Property: 85 Natoma Street #1, San Francisco (Block 3721, Lot 109)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Patrick M. McNerney; Jeffrey G. Knowles
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #1
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.5) Property: 85 Natoma Street #2, San Francisco (Block 3721, Lot 110)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Steel Arc Properties, LLC; Jeffrey G. Knowles
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #2
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.6) Property: 85 Natoma Street #3, San Francisco (Block 3721, Lot 111)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Abbas A. Razaghi, and Nader Heydayian and Hamideh Nouri,
trustees of the 2005 Heydayian/Nouri Family Trust
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #3
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.7) Property: 85 Natoma Street #4, San Francisco (Block 3721, Lot 112)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Alyce M. Stanwood; Jeffrey G. Knowles
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #4
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.8) Property: 85 Natoma Street #5, San Francisco (Block 3721, Lot 113)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Terri L. Brown
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #5
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.9) Property: 85 Natoma Street #7, San Francisco (Block 3721, Lot 115)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Fereshteh Noory, and Nader Heydayian and Hamideh Nouri,
trustees of the 2005 Heydayian/Nouri Family Trust
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #7
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.10) Property: 85 Natoma Street #9, San Francisco (Block 3721, Lot 117)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Wendy Roess-DeCenzo and Christopher DeCenzo; Jeffrey G. Knowles
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #9
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.11) Property: 85 Natoma Street #C1, San Francisco (Block 3721, Lot 118)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Martin Properties, LLC; Jeffrey G. Knowles
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #C1
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 potential case
(4.12) Property: 9 easement interests in indoor parking spaces in and across the garage located at 85 Natoma and 4 easement interests in outdoor parking spaces accessed across the garage located at 85 Natoma garage, San Francisco held by the owner of condo units in 580 Howard Street, San Francisco (Block 3721, Lot 93-105)
TJPA Negotiators: Maria Ayerdi-Kaplan, Executive Director, and Andrew W. Schwartz and Deborah L. (Keeth) Miller, Shute, Mihaly & Weinberger LLP, outside counsel
Negotiating parties: TJPA; Howard Historic Properties, LLC; Jeffrey G. Knowles
Under negotiation: Price and terms of payment for TJPA’s acquisition of easement interest in and across the garage located at 85 Natoma Street
Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 13 potential cases
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING
12. Announcement of Closed Session.
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.