San Francisco County Transportation Authority
Moving the City

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AGENDA

CITIZENS ADVISORY COMMITTEE

Meeting Notice

Date: 6:00 p.m., Wednesday, October 26, 2005
Location: 100 Van Ness Avenue , 25 th Floor

6:00 1. Committee Meeting Call to Order

6:05 2. Adoption of Minutes of the September 28, 2005 Meeting - ACTION* (attachment 1)

6:07 3. Chair's Report – INFORMATION

6:10 4. Status Report on the Third Street Light Rail Project – INFORMATION* (attachment 2)

This is a status report on the Third Street Light Rail Project. Construction activities are currently focused on segments A, C, and J. As of August 31, 2005, the project has spent approximately 67.9% of the total budget, including soft costs. With construction 61% complete, various contracts are approaching completion. Although most contracts are currently within budget, and scheduled to be completed in time to support the start of revenue service in June 2006, there are issues with Segments A, C, and J. Segment A, the Fourth Street Bridge, which had until recently been on the critical path of the project, has made significant progress in recent weeks and now appears on target to complete in December 2005, as scheduled. Segments C and J continue to experience delays and, according to the contractors' schedule updates, they are going to complete after Segment A, placing them on the critical path. MUNI is working with the contractors to ensure that revenue service is not delayed. Segments C and J also have the potential to go over budget. The contractor for the MME has mobilized and is proceeding in earnest trying to make as much progress as possible before the rainy season begins. Efforts continue to address environmental concerns along Third Street ; during the month of August 22 air samples were taken, all of them within acceptable limits. MUNI stopped air monitoring at the end of May on all segments except Segment C, because the type of work being performed no longer warrants it. This is an information item.

6:45 Programming

5. Adopt a Motion of Support for Allocation of an Additional $73,000 in Prop K Funds to MUNI to Purchase 20 Paratransit Vans, Subject to the Attached Fiscal Year Cash Flow Distribution Schedule – ACTION* (attachment 3)

On June 21, 2005, the Authority approved Resolution 05-66 allocating $245,825 in Prop K funds as local match to Federal Section 5307 and Bridge Toll funds to MUNI to purchase 20 gasoline-powered vans for its paratransit program, for a total cost of $1.2 million dollars. Subsequent to the Authority Board action, the Department of the Environment (DOE) began to advocate for biodiesel as the desired fuel source for city vehicles when feasible, citing favorable emissions reduction from biodiesel fuel over gasoline and compressed natural gas. DOE urged MUNI to replace the existing vans with new vans powered by diesel engines instead of gasoline engines, giving MUNI the option of switching to biodiesel as a fuel source in the future. Diesel vans cost more to purchase; thus MUNI has submitted the current request for additional funds. We are seeking a motion of support for the allocation of an additional $73,000 in Prop K funds to MUNI to purchase 20 paratransit vans, subject to the attached Fiscal Year Cash Flow Distribution Schedule .

6. Approve a Motion of Support for Allocation of $210,000 in Prop K Funds to BART for Construction of the 16th & Mission Streets BART Station Northeast Plaza Redesign Project, Subject to the Attached Cash Flow Distribution Schedule, and Associated 5-Year Prioritization Program and Strategic Plan Amendments – ACTION* (attachment 4)

On October 12, 2005 BART held a ground breaking ceremony for the 16th & Mission Streets Station Northeast Plaza Redesign project. Based on the engineer's estimate, a combination of Prop K funds and an MTC Transportation for Livable Communities (TLC) grant provide a total of $3,974,000 for a fully-funded project. However, the low bid came in about $420,000 over the engineer's estimate. BART negotiated with the contractor to reduce this amount by about half, so the project now faces a $210,000 deficit. In order to meet MTC's timely use of funds deadlines, BART, with our concurrence awarded the construction contract with funds already allocated and is seeking an additional $210,000 to fully fund construction of the northeast plaza. Because the higher cost was not anticipated in the 5-Year Prioritization Programs (5YPPs), this allocation will require amendments to BART projects in three 5YPPs (i.e., BART Station Access, Safety, and Capacity; Transit Enhancements, and Transit Facilities). The proposed amendments are consistent with Prop K Strategic Plan programming and cash flow levels for FY 2005/06 and 2006/07 and as such will not trigger additional financing costs. We are seeking a motion of support for allocation of $210,000 in Prop K funds to BART for construction of the 16th & Mission Streets Station Northeast Plaza Redesign Project, subject to the attached Cash Flow Distribution Schedule, and associated 5YPP and Strategic Plan amendments.

7. Adopt a Motion of Support for San Francisco's Project Priorities for the 2006 Regional Transportation Improvement Program (RTIP) – ACTION* (attachment 5)

As Congestion Management Agency (CMA) for San Francisco , the Authority is responsible for establishing San Francisco project priorities for programming in the Regional Transportation Improvement Program (RTIP), which are then combined with other RTIPs statewide to form the biennial State Transportation Improvement Program (STIP). The 2006 STIP covers a 5-year period from FY 2006/07 through FY 2010/11. On September 29, the California Transportation Commission (CTC) adopted the Fund Estimate, which as expected, contains very little new programming capacity statewide and only $9.941 million for San Francisco . Our recommendation for programming in the 2006 STIP takes into account the recent unreliability of the STIP, the likelihood of the CTC employing an allocation plan to prioritize allocations in FY 2006/07, and other STIP guidelines and requirements such as only allowing funds to be programmed to a fully funded project phase. It also recognizes that San Francisco has $192 million in STIP commitments backed by Board resolutions and included in the Regional Transportation Plan (RTP) and the Metropolitan Transportation Commission's (MTC's) Resolution 3434 for the following four projects, which are also major capital projects in the Prop K Expenditure Plan: Replacement of the South Access to the Golden Gate Bridge: Doyle Drive ($60 M), Caltrain Downtown Extension to a Rebuilt Transbay Terminal ($24), Central Subway ($80 M), and Caltrain Electrification ($27 M). Our recommendation is to program the new capacity proportionately to Doyle Drive and Transbay Terminal right-of-way, and to adopt a policy to limit programming of all STIP funds for the foreseeable future to the aforementioned projects, until our commitments are fulfilled or other funds are found to replace the STIP funds. We are seeking a motion of support for San Francisco 's project priorities for the 2006 Regional Transportation Improvement Program.

8. Allocation of $12,875,000 in Prop K funds, with conditions, to the Transbay Joint Powers Authority, for the acquisition of the 80 Natoma property as part of the Right of Way for the Caltrain Downtown Extension/Transbay Terminal Project, Subject to the Attached Fiscal Year Cash Flow Distribution Schedule – INFORMATION* (attachment 6)

This item was taken directly to the Authority Board on October 25, 2005, and we are bringing it to the CAC as an information item. On September 28, 2004, the Board of Supervisors voted to condemn the 80 Natoma property. On the same day, through Resolution 05-15, the Authority Board allocated $16,125,000 in Prop K funds to the Transbay Joint Powers Authority (TJPA) toward the total cost of condemnation of the 80 Natoma property, as part of the right of way for the Caltrain Downtown Extension/Transbay Terminal Project (Transbay Terminal Project). At the time the TJPA was seeking to condemn the property for $32,250,000. Subsequent to those actions, the owner of the property, Myers Natoma Venture, brought legal action against the City and County, the TJPA and the Peninsula Commute Joint Powers Board. On May 26, 2005 the Court ruled in favor of Myers Natoma Venture. On October 18, 2005, the Board of Supervisors, upon the recommendation of the City Attorney, voted in first reading to approve the ordinance authorizing the City Attorney to settle the case for a proposed $58 million. The ordinance's second reading and vote by the Board of Supervisors is scheduled for October 25. The TJPA is seeking $25,750,000 in equal contributions from the Prop K program and through the Metropolitan Transportation Commission's Regional Measure 2 Program. Allocation of these funds would settle the litigation and allow the project to continue moving forward. The action before the Board is the allocation of $12,875,000 in Prop K funds, with conditions, to the TJPA for acquisition of the 80 Natoma property as part of the right-of-way acquisition for the Transbay Terminal Project, subject to the attached Fiscal Year Cash Flow Distribution Schedule.

9. Approve a Commitment to Appropriate up to $924,577 in FY2006/07 PropK funds for the O wner-Controlled Insurance Program (OCIP) of the Initial Operating Segment of the Third Street Light Rail Project – INFORMATION* (attachment 7)

The Third Street Light Rail Project (Project) Owner-Controlled Insurance Program (OCIP) provides general liability, excess liability, workers compensation, builders' risk and railroad insurance coverages for the Initial Operating System (IOS) construction phase. The OCIP was initiated February 28, 2002 for 42 months which, at the time, covered the scheduled construction phase through completion, and required Muni to collateralize a basket loss aggregate trust as the funding source to pay approved OCIP claims. Muni asked the Authority to enter into the necessary trust and payment agreements to establish the fund on Muni's behalf. Muni has negotiated an extension through February 28, 2006 to cover the approximate $12M of remaining construction work to be completed under the OCIP. The underwriter's final proposal foregoes additional premiums, but stipulates the basket loss aggregate trust fund be increased from the original funding of $4,748,488 to $6,400,000 in order to extend the program. Muni has identified approximately $726,935 of premium savings and trust fund interest earnings within the OCIP to fund this increase.

The requested funding action will commit to appropriate up to $924,577 in FY2006/07 Proposition K funds for the Owner-Controlled Insurance Program of the Initial Operating Segment of the Third Street Light Rail Project. This item is being considered by the Authority Board during a regularly scheduled Board meeting on October 25, 2005, as the necessary trust and payment agreements to amend the basket loss aggregate trust fund must be executed by October 25, 2005.

6:55 Planning and Legislation

10. Adopt a Motion of Support for the Approval of the Draft 2005 Congestion Management Program – ACTION* (attachment 8) (DRAFT CMP)

As the Congestion Management Agency (CMA) for San Francisco , the Authority is responsible for developing and adopting a Congestion Management Program (CMP), which must be updated every two years. The first program was published in 1991 and the Authority Board subsequently approved biennial updates every year since then. The CMA must also biennially monitor and determine the City's compliance with CMP requirements. Conformance with the CMP is a requirement for the City to receive state gas tax subventions and for the City's transportation projects to qualify for state and federal funding. The 2005 update of the CMP is a minor update, with the primary changes relating to incorporating the most recent data and information available for roadway level of service monitoring (Chapter 4) and the capital improvement program (Chapter 8). We are seeking a motion of support for the approval of the draft 2005 Congestion Management Program.

7:50 11. Public Comment

8:00 12. Adjournment

* Materials Attached

Next Special Meeting: December 7, 2005

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