financial capacity assessment. staff has completed a state of good repair analysis in april. they have completed a state of good repair training, made a submission to the f.t.a. and an interim report. the f.t.a. is very pleased in the direction we are moving with the agency to focus the plan towards a state of good repair and less enhancements. the county transportation authority has revised their modeling, and with the new numbers, that ridership will be used in our numbers this year. we started a mind the gap committee. the mind the gap committee was established to address two key funding issues. the project funding shortfall and the cash row crop we are

going to experience several years from now. the mind the gap committee has representatives from the mayor's office, the board of supervisors' offices, transportation authority, commission, spur, chinatown community development center and sfmta staff. it's a very robust committee that is looking at finding ways to patch our funding deficit or our funding gap. in july staff submitted a response to the financial capacity assessment. we haven't gotten anything back yet, but the response is that it was looked at favorably. on the financial capacity forecast, staff is working on operations maintenance cost update. we are expecting to submit that to the f.t.a. later this month as well as the draft state of good repair report. in september we have to submit our financial plan to the f.t.a.

under real estate acquisition, there has been a flurry of activity going on. we've made submissions to the chinatown property owner and mosconi propertier own, the two sites we will be building on in june. we made suggestions to the last resort housing plan in june. that actually was approved by the f.t.a., or they gave us favorable comments back july 13. and then resolutions of necessity of board and supervisor packages for both the mosconi and chinatown sections. the board of eminent approval was given approval july 27, just last week. so we are moving now to submit that to the f.t.a. to receive federal approval. i believe the next step, since we now have board of supervisor approval on those properties,

is then to get the superior court to weigh in. you see the last two bullets are submitting the tenant relocation plan, which is what is before you today to the board of supervisors for approval, and then the board of supervisors tenant re-election plan approval. just to give you a snapshot of what i just quickly explained, there are five takes in total that we are taking. if you take a look at the chart, the red letters, the mosconi and chinatown locations, you can see where along the problems they are. and then the blue areas indicate where the subway is going to need access for operations and maintenance, and venting. so we have three underground

easements for the tunnel in those locations. all in all, the central subway team has been doing a superb job of making great strides to make this program a huge success. the two calendar items before you today represent two key elements requiring your approval to maintain the momentum on the program. as mr. ford has spoken earlier, calendar item 12 requests your authorization for the agency program controls, and item 13 requests your approval of the central subway relocation impact study. we have staff here today, and so we will be happy to answer any questions with either of the two calendar items or the brief i just gave you. >> thank you mr. rohan. a couple of questions about the actual tunneling.

in the double slide, it seems like the construction there has been about three years as well. are you familiar with that project? >> no, sir, i'm not. >> it appears to be a much easier project than going under all the stuff in the city. >> that is the complexity, doing a subway in a city that has utilities, sewer, water, electric, you name it. there is a whole host of things in this city, and in some cases we have found some of it as we have gone on. we have had to find ways to deal with that, which are far outside the engineering realm when it comes to remains and things of that nature. it is very complex when we are talking about a tunneling job under a major urban city. >> do you have a time frame? >> they are doing samples, but you are always at risk of something that is not there in the drawings or the historical

documentation. there is some risk in terms of crog across something that we didn't plan to. i think we have built in a certain amount of contingency there, and hopefully that is enough to cover it. >> chairman, we are very comfortable with the schedule. i would submit to you that the greater risk is going to be on the time lines of actually constructing the underground stations. the tunneling itself is going to go very smooth. if we hit something like an arc logical find, it will stop us in our tracks until we clear that. >> so the last things that goes in is the tracks? >> we are staging the contract that most of the material can be removed through the tunnel. so there will be subbays and temporary track put if for those contracts.

>> and those projects could go on? there is nothing to preclude that? >> the actual exit is in north beach. >> this contract includes a tunnel bore machine retraction shift. we go all the way to washington square, and that is where we take the machine out. and all we have to do is close the door over it. if we ever decide there is a phase three, it will be able to spring from that. >> when there is a phase three. >> you mean spring from that, building a washington square station? >> anything that is designed. >> director? >> i think you forth greats presentation. it is very helpful to see this all laid out. a couple of service-related questions. the south terminus at king and 4th. does the t lee keep going down the existing line? >> no. it is going to connect both

phases. the terminus would be visitation valley for the t-line. the t-line would continue straight, not make that right-hand turn. >> so someone there chinatown could keep going to what is the current end of the t-line? >> yes. >> and is the current t-line around the embarcadero going to continue as well? >> no. >> so that is the end of that one? >> yes. >> so then my next question is -- and i am sure you guys have thought of this, but my limited exposure to this in my real job suggestion -- suggests any time you go to digging up a gas station, there is a lot of remediation? that is part of it? >> yes. that is in our plan. we have that contingency in our

plan. >> you touched a little on this, about the laying down of temporary track to remove debris. what is the sort of anticipated disruption for the union square area associated with this project, and how much of it can be done underground to avoid strupting what is obviously a commerce center? >> actually, each of the three stations will be excavated differently. mosconi will have the more surface disruption, because it is a cut and cover. we'll bore down and then squa videogate back up. there will be a lot of disruption around that one. our utilities contract that is going to be going out in september will uncover and reroute major utilities, and then place back so that we can restore traffic on a temporary

means. then we are going to mine from there down and then build back up. now the struppings will be mitigated considerably, but there will be some surface disruption to make the final closure and initially to make the utilities opening. the chinatown station is going to be mined completely. we'll bore through and then set up and mine inside. >> so we could probably come back to you with specific time lines in terms of how much disruption at each location, if any. for example, minimal at chinatown, but definitely at union square. we have a very healthy community relations group as part of this project. there are a lot of elements that are working with the union square merchants and dealing with those issues. but we can come back with more of the details on that because those are questions that we had to answer a couple of years ago when we went through this process. but i don't recall the exact -- >> one would be to minimize it

during the christmas season, obviously a busy season for them. as long as you are doing the outreach with the community, that is excellent. the one thing i note on this map which is an excitement to me, you have in here a possible future line which appears to be running along eerie. am i reading the map correctly? >> which page is that on? >> possible future muni line. >> this map was taken from some of the earlier preliminary engineering drawings, which had geary in the concept stage. at that time we didn't know if it would be a connection to the subway or a b.r.t. this man shows that potential. >> all right. >> but it is not part of the program now. >> i understand that. great next idea though.

and the stations, the connection between powell street and union state stations will be at subground level so someone can walk from station to station? >> no connection at the platform. >> are there still plans for moving side walks? >> we actually abandoned those ideas about two years ago when the cost of the moving sidewalks became an issue. when we went through our risk mitigation program -- f.t.a. has a risk program you go through where you take a look at enhanced elements and what they would cost. when we went through that, we threw it out because of the huge cost. >> another item we need to follow up with this because this has come from the public

in terms of the length of time of transfer from our platform to the bart system. carter, i don't know if you have that in front of you, but i want to make sure we give you as much as we can in terms of potential issues. that was hot button a few years ago. >> we are not talking about a major league distance. >> maybe not for you and i? >> but it's about a block's worth of distance? >> yes. where someone of my age would ben at this time from moving sidewalks. >> and you are the one who threw it out, >> and you are not going to be any younger when it gets through. that concludes that. >> no one has registered as a speaker card, and i don't see anyone in the audience who is appearing to desire to address you. >> so we can take both at once? >> ma i -- you may.

>> any discussion? the ayes after it. >> number 14, fixing the wage schedule for transit operators at $29.52 per hour as of july 1, 2010. >> what is the pleasure of the board? >> move the staff recommendation. >> second. >> all in favor say aye. the ayes have it. >> i'd 15, discussion and vote whether to go to closed session and invoke the attorney-client privilege. prosecutor moved. >> seconded. >> all in favor say eye. >> for the close the session, we >> the board met in closed

session. the board of directors took no action. directors, do you want to disclose or not disclosed? director nolan: i think is important that we may be just indicate who was the present -- who was present at the meeting. and yes, mr. chairman. in the minutes, we are required to reflect who is involved in the closed session, the minutes will reflect that. director nolan: on the basis of that, is there a motion to disclose or not disclose? director oka: move to not disclosed. director nolan: all in favor? we were not disclosed. with that, we are adjourned. -- we will not disclosed. with that, we are intent. -- adjourned.

>> the most important thing abuot this decision was the decision itself, and the words that would matter most are in the 138-page document that are processed in thea ppellate court. they did not just set out to win a lower court decision. they set out to withstand scrutiny at the appellate level, successfully and unsuccessfully,

understanding what the court is up against. judge walker set forth rules that became the foundation to which this will, i believe and hope, be appealed and adjudicated at the supreme court. i'm not a lawyer. i'm not going to profess to make the legal argument that has bee n made. the most important thing is to get a solid decision out. not a win, but to get a decision

where the arguments made are validated, and my understanding was that the points they made that they emphasized were advanced in this decision, and that is a significant thing. so i will leave that to legal scholars, but the next phase of analysis would be the argument, not just the win at walker's court. >> in terms of going ahead with preventive measures, have decisions been made? >> we have always abided the rule of law. when courts said start and stop, we said we started and we st opped. no one was married today. no one was able to get a

certificate or license. there were couples that were quite disappointed. some had come with the impression they would be able to get married this afternoon, and obviously that was another blow. those hopes, nonetheless, are not dashed, and we will see what happens in subsequent decisions as processes of the courts. [unintelligible] >> it's an important point. we had adjudication in california and elsewhere on state grounds. this is the first court on federal principle, and it is the principle of our founding fathers here.

it has been used to expand people's rights, not deny them. to the extent this is a constitutional challenge, this is very much a narrative we have lived with in this country. it is a narrative that is familiar to those in virginia, and the last major constitutional challenge. when we look at the issue of interracial marriage. this is a fast-tracked narrative, so i am hopeful. i would not have imagined it. we have had good days and bad days, we have seen success

advanced around the world, and i don't think anyone could have imagined a more optimistic setting. we have had setbacks in other states that have given us pause and caution. this is who i am, my last breath. this has never been about politics.

you look back in your life and you are staying in principle. you are given a moment in time to do the right thing. i said this to my father about the issue. good people i love disagree. but whether you agree with me or not, you know it. i have a big propblem voting for people i don't trust, because they are telling me what they think i want to hear, not what i believe. this is what i believe, and my cards are on the table. i saw that as a student of

history. in 1967, 70% of americans opposed interracial marriage. there is a fundamental principle here that has been used over and over and over again, for women's rights, racial and ethnic rights. it makes sense. you have a minority of people being oppressed, you need the courts to do that. that's why there are distinguished and separate branches of government. it's not surprising this has taken the course that it's on.

>> the meaningful decision, it was crystal clear that they did not want to just win the decision. they want to win it in the right way. what i believe is they won it in the right way, which is why this is a more significant victory. but the arguments are compelling that it is positive

and successful. justice kennedy, for better or for worse, seems to be the one based on his colorado decision that would be put in the spotlight. he was wright in lawrence v. texas. it will be interesting to see him argue this, because in so many ways he was prescient. look. personally, this is an extraordinary moment, because

real people's lives have once again been affirmed. at the same time, you temper your appreciation because you recognize the work that's been ahead. this is another step in a very long process, but perhaps the most historic and compelling, because this is a federal decision based on the u.s. constitution, and i should remind people, bush wanted to change the constitution for a reason, because he thought there was something wrong. we think there is something right, that there is nothing in this constitution denying equal protection in due process.

>> [inaudible] >> if i lose fighting for something i believe in, i am proud. i would reather lose an election

than capitulate my true beliefs. there are politicians better tat that than me, and many are better politicians. but i believe in this. i am not an idealogue about this. i have family members that disagree with me vehemently about this. i remember when i was a kid, i thought, don't hold hands in public. it's not what i believe in. it's not what my contemporaries believe in. and i will say this, time is on our side. i have friends and young folks whoa re not caught up in this. they don't get it. there is an expectation that

time will play itself out and we'll see how that occurs, but thisá>f is going to help with tt process. [horns honking]