Board Meeting (Special) – July 31, 2009

TRANSBAY JOINT POWERS AUTHORITY
BOARD OF DIRECTORS

NOTICE OF SPECIAL MEETING AND CALENDAR

Friday, July 31, 2009
1 Dr. Carlton B. Goodlett Place, Room 400
San Francisco, CA

SPECIAL 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 400, 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 2100 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 – SPECIAL 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

  • Caltrain Downtown Extension (DTX) Update
  • Design Development Update
  • Construction Manager/General Contractor (CM/GC) SBE Update
  • RFP and SBE Outreach Update
  • Funding 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 June 11, 2009 meeting.

(7.2)     Authorizing the Executive Director to execute the Professional Services Agreement for State advocacy services with Suter, Wallauch, Corbett & Associates for a term of six months and compensation not to exceed $60,000.

(7.3)     Authorizing the Executive Director to execute the Professional Services Agreement for State advocacy services with Brownstein Hyatt Farber Schreck for a term of one year and compensation not to exceed $150,000.

SPECIAL CALENDAR

8.  Approving the Fiscal Year 2009-10 Capital Budget in an amount not to exceed $259,635,000 and Fiscal Year 2009-10 Operating Budget in an amount not to exceed $3,365,000.

9.  Authorizing the Executive Director to execute the Intergovernmental Agreement with the City and County of San Francisco Department of Building Inspection to provide plan review and field inspection services for compensation as stipulated in the San Francisco Building Code and for a term to commence on the effective date of the Agreement for the duration of the Program unless earlier terminated.

10.  Endorsing the San Francisco/Silicon Valley Corridor Investment Strategy for high-speed rail in the Bay Area.

11.  Authorizing the Executive Director to execute a Professional Services Agreement with Linc Facility Services to provide facility management services for the Temporary Terminal for a term extending to December 31, 2014, with an option to extend the agreement for two additional years, and at a cost not to exceed $5,542,812 for the base term.

12.  Authorizing the Executive Director to execute Amendment No. 1A to the Agreement with Pelli Clarke Pelli Architects for professional design and construction administration services for the Transit Center Building and Related Structures in an amount not to exceed $850,000, a reduction of $4,150,000 to a prior authorization, to plan geotechnical testing and analyze test results and to execute Amendment No. 2 to the Agreement with Webcor/Obayashi for Construction Manager/General Contractor Services to test means and methods for soil improvements and shoring wall construction in an amount not to exceed $4,150,000.

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:  80 Natoma Street and 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 and Patrick & Co.

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interests in 90 Natoma and conveyance of property
interests in 80 Natoma

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

(a) Property:  60 Tehama 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 and Peter F. Byrne, trustee of the Peter F. Byrne Revocable Trust dated 12/5/07

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interests in 60 Tehama Street

(b) Property:  564 Howard 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 and 564 Howard Street LLC

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interests in 564 Howard Street

(c) Property:  568 Howard 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 and InvesMaster Corp.

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interests in 568 Howard Street

(d) Property:  77-79 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 and Varnish Fine Art, LLC

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interests in 77-79 Natoma Street

(e) Property:  81-83 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 and Wooden Spoon & Fork LLC

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interests in 81-83 Natoma Street

(f) 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 and CBTW, LP

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

(g) Property:  133 Beale Street (Caltrans Lease Area SFX-480-26)

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

Negotiating parties:  TJPA and Beale Street Bar & Grill

Under negotiation:  Price and terms of payment for TJPA’s acquisition of property interests in 133 Beale Street (Caltrans Lease Area SFX-480-26)

5.  PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code section 54957(b))

Ratify committee to conduct routine performance evaluation of Executive Director, Maria Ayerdi-Kaplan

ADJOURN CLOSED SESSION AND RECONVENE SPECIAL MEETING

13.  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.