Board Meeting - September 9, 2010
TRANSBAY JOINT POWERS AUTHORITY
BOARD OF DIRECTORS
NOTICE OF MEETING AND CALENDAR
Thursday, September 9, 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
- Funding Update
- Quarterly Financial Reports
- Construction Manager/General Contractor SBE Update
- Demolition Update
- Public Outreach Update
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 July 15, 2010 meeting.
(7.2) Authorizing the Executive Director to execute Amendment No. 1 to the Professional Services Agreement with Sheppard, Mullin, Richter & Hampton to provide legal counsel related to retail analysis for an additional year, with no change in maximum compensation.
(7.3) Approving the updated Board Policy No. 012, Reserve Policy.
REGULAR CALENDAR
8. Authorizing the Executive Director to execute a Professional Services Agreement for Legal Services with the law firm of Shute, Mihaly & Weinberger, for five years, with an option to extend the term for an additional three years, at a cost not to exceed $4,000,000.
9. Approving the Operating Assistance Proposal dated September 9, 2010 and an Implementing Agency Resolution of Project Compliance for the allocation of Regional Measure 2 Funds in an amount of $3,816,838 for the Transbay Transit Center/Caltrain Downtown Extension Project.
10. Authorizing the Executive Director to execute a Professional Services Agreement for Federal Advocacy Services with Holland & Knight and Chambers, Conlon & Hartwell, each in the amount of $403,500 for a period of three years.
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)
(3.1) Property: 133 Beale Street (portion of Block 3718, Lot 025)
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; Beale Street Bar & Grill; Gloria Eckstein; Anthony Eckstein
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 133 Beale Street (portion of Block 3718, Lot 025) (Caltrans Lease Area No. SFX-480-26), including compensation for loss of business goodwill under California Code of Civil Procedure Section 1263.510
(3.2) Property: 85 Natoma Street #6 (Block 3721, Lot 114)
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; Andrew S. Teufel
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #6
(3.3) Property: 85 Natoma Street #8 (Block 3721, Lot 116)
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; Scott E. Pelichoff; Lynn M. Pelichoff
Under negotiation: Price and terms of payment for TJPA’s acquisition of property interest in 85 Natoma Street #8
(3.4) 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
ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING
11. 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.