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NOTICE OF MEETING AND CALENDAR
Tuesday, June 21, 2011
REGULAR MEETING AND CLOSED SESSION
SFMTA BOARD OF DIRECTORS
Tom Nolan, Chairman
Nathaniel P. Ford, Sr.
ORDER OF BUSINESS
1. Call to Order
2. Roll Call
3. Announcement of prohibition of sound producing devices during the meeting.
4. Approval of Minutes
6. Introduction of New or Unfinished Business by Board Members
7. Executive Director’s Report (For discussion only)
8. Citizens’ Advisory Council Report
9. Public Comment
Members of the public may address the SFMTA Board of Directors on matters that are within the Board's jurisdiction and are not on today's calendar.
THE FOLLOWING MATTERS BEFORE THE SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY BOARD OF DIRECTORS ARE RECOMMENDED FOR ACTION AS STATED BY THE SFMTA EXECUTIVE DIRECTOR/CEO OR CITY ATTORNEY WHERE APPLICABLE. EXPLANATORY DOCUMENTS FOR ALL CALENDAR ITEMS ARE AVAILABLE FOR REVIEW AT 1 SOUTH VAN NESS AVE. 7th FLOOR.
10. All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the San Francisco Municipal Transportation Agency Board of Directors and will be acted upon by a single vote. There will be no separate discussion of these items unless a member of the Board of Directors or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item.
(10.1) Requesting the Controller to allot funds and to draw warrants against such funds available or will be available in payment of the following claims against the SFMTA:
A. Eadie Jackson vs. CCSF, Superior Ct. #CGC10497095 filed on 2/24/10 for $750
B. Robert Kastl vs. CCSF, Superior Ct. #CGC10499907 filed on 5/14/10 for $5,000
C. Virginia Abalos vs. CCSF, Superior CT. #CGC10499979 filed on 5/17/10 for $87,000
(10.2) Approving the following traffic modifications:
(10.3) Authorizing the Executive Director/CEO or his designees to execute permits, licenses and other real property agreements that are within the contracting authority amounts granted under Resolution No. 10-008, that include terms and conditions requiring the SFMTA to indemnify property owners, without limitation, subject to review and approval by the City's Risk Manager and the City Attorney's Office, after consultation with the SFMTA Chief Financial Officer. (Explanatory documents include a staff report and resolution.) (Sonali Bose)
(10.4) Authorizing the Executive Director/CEO to execute an amendment to the Independent Review Panel Agreement with APTA that would provide an unlimited indemnity for APTA and individual members of an Independent Review Panel to review and evaluate aspects of the SFMTA's deep tunneling program of the Central Subway Project, insofar as it may have an impact on the facilities of BART in San Francisco. (Explanatory documents include a staff report, resolution, financial plan and agreement.) (Carter Rohan)
(10.5) Authorizing the Executive Director/CEO to enter into one or more consensual terminations with the financial institutions and other parties that participated in the Lease Transactions executed in 2002 and 2003 with respect to the SFMTA's Breda light rail vehicles, provided there shall be no net cost or liability to the SFMTA. (Explanatory documents include a staff report, resolution and letters.) (Sonali Bose)
11. Adopting the California Environmental Quality Act Findings to support the Parkmerced Project, and consenting to the Development Agreement between the City and Parkmerced Investors. (Explanatory documents include a staff report, resolution, plans, designs, agreements, findings and economic analysis.) (Bond Yee)
12. Discussion and vote pursuant to Administrative Code Section 67.10(d) as to whether to conduct a closed session.
1. Call to Order
2. Roll Call
3. Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (a) (3), the Municipal Transportation Agency Board of Directors will meet in Closed Session to discuss and take action on attorney‑client matters in the following case:
CONFERENCE WITH LEGAL COUNSEL
A. Nueh Wah Choi vs. CCSF, Superior Ct. #CGC10498800 filed on 4/16/10 for $235,914.44
B. David Wheeler vs. CCSF, Superior Ct. #CGC10490428 filed on 9/15/09 for $5,360,000
4. Pursuant to Government Code Section 54957 (b) and Administrative Code Section 67.10 (b), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take possible action to appoint a successor to the incumbent, Nathaniel P. Ford Sr. in the event of a vacancy in that position:
PUBLIC EMPLOYEE APPOINTMENT/HIRING: Executive Director/CEO
ADJOURN CLOSED SESSION AND RECONVENE OPEN SESSION
13. Announcement of Closed Session.
14. Motion to disclose or not disclose the information discussed in closed session.
15. Approving a separation agreement between Nathaniel P. Ford, Sr., Executive Director/CEO and the City and County of San Francisco, acting through the Municipal Transportation Agency, to end his employment effective June 30, 2011 and resolve any claims or potential claims by Ford for the amount of $384,000. (Explanatory documents include an agreement and resolution.)
16. Appointing an acting Executive Director/CEO, effective July 1, 2011 who shall serve until such time as a permanent successor is appointed. (Explanatory documents include a resolution.)
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 [S.F. Campaign and Governmental Conduct Code section 2.100 et seq.] to register and report lobbying activity.For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 415.581.2300; fax: 415.581.2317; 25 Van Ness Avenue, Suite 220, SF, CA 94102-6027 or the web site: sfgov.org/ethics.
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