ROLL CALL AND PLEDGE OF ALLEGIANCE

APPROVAL OF MEETING MINUTES

AGENDA CHANGES

	COMMUNICATIONS
	Note: Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget Analyst report 3) Legislative Analyst report 4) Department or Agency cover letter and/or report 5) Public correspondence These items will be available for review at City Hall, Room 244, Reception Desk.

	CONSENT AGENDA
	All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item.

Items 1 through 5

	Recommendations of the Finance Committee
		Present: Supervisors Peskin, Daly, Maxwell

1.	021984	[HIV Care and Related Services for Women and Minorities]	Supervisor Daly
		Resolution authorizing the San Francisco Department of Public Health (SFDPH) AIDS Office (AO) to accept and expend the second year of a grant in the amount of $650,000 from the DHHS Office of Minority Health (DHHS OMH) to improve AIDS related health outcomes for women and minorities and to enter into an agreement for the use of these funds; for the period of September 30, 2002 to September 29, 2003. (Public Health Department)
		(Public Benefit Recipient.)
		Question: Shall this Resolution be ADOPTED?

2.	022051	[Transfer State funds for contract services to improve access to mental health treatment for children in foster care /other children placed outside of San Francisco]
		Resolution endorsing the transfer of State general funds from the State to the California Mental Health Directors Association for a contract to provide services to foster care and other Medi-Cal eligible children placed outside of San Francisco, for the period of July 1, 2002 through June 30, 2003. (Public Health Department)
		(Public Benefit Recipient.)
		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules and Audits Committee
		Present: Supervisors Hall, Gonzalez, Sandoval

3.	022048	[Settlement of Lawsuit]
		Ordinance authorizing settlement of the lawsuit filed by Scott Nisbet and Daniel David against the City and County of San Francisco and AT&T Corporation in exchange for a waiver of costs by San Francisco; the lawsuit was filed on February 19, 2002 in San Francisco Superior Court, Case No. 02-404691; entitled Nisbet and David v. AT&T Corp. and the City and County of San Francisco; other material terms of said settlement are that AT&T will pay costs and fees to plaintiffs' counsel, and will provide pre-paid telephone calling cards with a value of $50,000 for free distribution in San Francisco; these cards will be distributed through the San Francisco Convention and Visitors Bureau, the San Francisco Department of Public Health, and the San Francisco Department of Human Services. (City Attorney)
		(No Public Benefit Recipient.)
		Question: Shall this Ordinance be PASSED ON FIRST READING?

4.	021944	[Appointment]
		Resolution appointing Carla Hollis, term ending January 31, 2006, and Godofredo Gomez, Ralph Gibson, Bud Wilson, and Aaron Zeff, terms ending January 31, 2007, to the Veterans Affairs Commission.
		Godofredo Gomez, succeeding Carla Hollis, term expired, seat 1, must be an at-large appointment, for a new four-year term ending January 31, 2007; Carla Hollis, succeeding C. J. O'Mara, term expired, seat 5, must be a woman veteran, for the unexpired portion of a four-year term ending January 31, 2006; Ralph Gibson, succeeding Vincent Rios, term expired, seat 7, must be a person who served in the Armed Forces of the United states of America and is suffering under a physical disability arising from that service, in accordance with the definitions applied in such cases by the Veterans' Administration, for a new four-year term ending January 31, 2007; Bud Wilson, succeeding himself, term expired, seat 8, must be an at-large appointment, for a new four-year term ending January 31, 2007; Aaron Zeff, succeeding himself, term expired, seat 11, must be an at-large appointment, for a new four-year term ending January 31, 2007.
		Question: Shall this Resolution be ADOPTED?

5.	022054	[Appointment]
		Resolution appointing Kim Schoen, Barbara Blong, Gay Kaplan, and Merle Malakoff, terms to be determined, to the Homeless Senior Task Force, residency requirement waived.
		Kim Schoen, new position, seat 5, must be familiar with disability issues, term to be determined; Barbara Blong, new position, seat 6, must have expertise in transitional housing especially shelter operations, term to be determined; Gay Kaplan (residency requirement waived), new position, seat 7, must have expertise in the development of permanent affordable housing, term to be determined; Merle Malakoff, new position, seat 8, must have expertise in the development of permanent affordable housing, term to be determined.
		Question: Shall this Resolution be ADOPTED?

		Questions on the Consent Agenda are on final passage, first reading, or adoption, as indicated:______________________________________________

	REGULAR AGENDA

	UNFINISHED BUSINESS

	From the Clerk

6.	030028	[Adopting findings related to the conditional use appeal on property located at 2444-2454 Noriega Street]
		Motion adopting findings related to the appeal of the approval of the Director of Planning, serving as the Planning Commission during last year's Planning emergency, of Conditional Use Application No. 2002.0736C (which authorized, subject to conditions, the installation of three antennas within a rooftop mounted cylinder radome, one GPS antenna mounted to the roof, and four associated equipment cabinets within the ground floor storage room of the one-story commercial building as part of the wireless telecommunications network operated by MetroPCS) within an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District, pursuant to Section 711.83 of the Planning Code, on property located at 2444-2454 Noriega Street, north side between 31st and 32nd Streets (Lot 004F in Assessor's Block 2018). (Clerk of the Board)
		(Companion measure to Files 021872, 021873, 021874, 021875.)
		1/15/2003, REFERRED to Board of Supervisors.
		Question: Shall this Motion be ADOPTED?

	Recommendations of the Finance Committee
		Present: Supervisors Peskin, Maxwell

7.	021804	[Garbage Collection Truck Licensing Fee]
		Ordinance increasing the licensing fee for garbage trucks and the amount deposited into the Mandatory Refuse Collection Service Fund by amending Section 249.6 of the San Francisco Business and Tax Regulations Code and Section 10.100-7 of the San Francisco Administrative Code and ratifying past actions taken in connection with such licensing fee. (Public Health Department)
		(No Public Benefit Recipient.)
		1/13/2003, PASSED ON FIRST READING.
		Question: Shall this Ordinance be FINALLY PASSED?

8.	021856	[Providing for a new complaint procedure for the enforcement of the prevailing wage requirements]	Supervisors Ammiano, Peskin, Maxwell, Daly, McGoldrick
		Ordinance adding Subsection 6.24(C) to San Francisco Administrative Code, Chapter 6, Article II, Section 6.24 to establish a procedure for the Labor Standards Enforcement Officer's administration of complaints in the enforcement of prevailing wage requirements.
		1/13/2003, PASSED ON FIRST READING. Supervisors Daly and McGoldrick requested to be added as co-sponsors.
		Question: Shall this Ordinance be FINALLY PASSED?

9.	021911	[MOU, H-1 Fire Rescue Paramedics, Local 790]	Mayor
		Ordinance adopting and implementing the terms of the Memorandum of Understanding between the Service Employees International Union, Local 790 for H-1 Fire Rescue Paramedics and the City and County of San Francisco to be effective for the period July 1, 2001 through June 30, 2003. (Mayor)
		1/13/2003, PASSED ON FIRST READING.
		Question: Shall this Ordinance be FINALLY PASSED?

	Recommendations of the Rules and Audits Committee
		Present: Supervisors Gonzalez, Sandoval

10.	020392	[Webpage Enhancement and Maintenance for the Board of Supervisors]	Supervisors Sandoval, Daly
		Motion amending Rules of Order of the Board of Supervisors by adding Rule 6.22, which will direct the Clerk of the Board of Supervisors to provide and maintain enhancements to the Webpage of the Board of Supervisors, and allow individual Supervisors privately to maintain a linked Webpage to be used in furtherance of the conduct of the City's business.
		1/13/2003, CONTINUED. Continued to January 21, 2003 Supervisor Daly requested to be added as a co-sponsor.
		Question: Shall this Motion be ADOPTED?

11.	020913	[Amending the Appointment Process for the Child Care Planning and Advisory Council and Establishing Child Care Planning Advisory Council Account]	Supervisor Maxwell
		Ordinance amending the San Francisco Administrative Code by amending section 5.200 to: (1) provide that the Board of Supervisors appoints 15 members of the Child Care Planning and Advisory Council ("Council") and that the Board of Education, or County Superintendent of Schools, if the Board of Education delegates the appointment power to her or him, appoints 15 members of the Council and to; (2) amend compensation provisions for Council members to provide for compensation for all members who are not otherwise compensated for attending committee meetings; and amending the San Francisco Administrative Code by adding section 10.100-367 to establish the Child Care Planning and Advisory Council Fund.
		1/13/2003, PASSED ON FIRST READING AS AMENDED.
		Question: Shall this Ordinance be FINALLY PASSED?

12.	021815	[Publication of Annual Reports - Amend Administrative Code Sections 1.56 and 8.16]	Supervisors Daly, Ma
		Ordinance amending Administrative Code Sections 1.56 and 8.16 to require that department heads, boards and commissions post annual reports on the City's website, and prohibiting departments, boards and commissions from publishing hard copies of such reports without approval of the Board of Supervisors.
		1/13/2003, PASSED ON FIRST READING AS AMENDED. Supervisors Ma and Peskin requested to be added as co-sponsors.
		Question: Shall this Ordinance be FINALLY PASSED?

13.	021937	[Settlement of Lawsuit]
		Ordinance authorizing settlement of the lawsuit filed by plaintiff the Department of Fair Employment and Housing and intervening plaintiff Alane Bernadette Baca against the City and County of San Francisco and Andrew Blackwell for (1) payment of $100,000.00, including all damages, attorneys' fees and costs, (2) a credit of six (6) weeks of sick leave to intervening plaintiff Baca, and (3) the Police Department issuing a specified Department Bulletin, incorporating that Bulletin into specified EEO trainings, and beginning the process of reviewing and, where applicable, revising Department General Order 11.07; the lawsuit was filed on October 4, 2001, in San Francisco Superior Court, Case No. 325-126; entitled Department of Fair Employment and Housing, et al., v. City and County of San Francisco, et al (Real Party in Interest: Alane Bernadette Baca). (City Attorney)
		(Public Benefit Recipient.)
		1/13/2003, PASSED ON FIRST READING.
		Question: Shall this Ordinance be FINALLY PASSED?

14.	021938	[Settlement of Lawsuit]
		Ordinance authorizing settlement of the lawsuits filed by William J. Sepatis against the City and County of San Francisco for $100,000; the lawsuit under US District Court Case No. C00-2299 MHP filed on May 31, 2000 and the lawsuit under US District Court Case No. C00-1626 MHP filed on May 8, 2000 were consolidated, entitled William James Sepatis v. City and County of San Francisco, et al. (City Attorney)
		(Public Benefit Recipient.)
		1/13/2003, PASSED ON FIRST READING.
		Question: Shall this Ordinance be FINALLY PASSED?

15.	021986	[Settlement of Litigation]
		Ordinance authorizing settlement of litigation by the City and County of San Francisco against Haruo Abe by accepting the total amount of $21,250 plus interest as provided in the settlement and Mutual Release and directing its attorney to sign the dismissal with prejudice of the subject litigation upon completion of all of the terms of the settlement agreement. (Treasurer-Tax Collector)
		(No Public Benefit Recipient.)
		1/13/2003, PASSED ON FIRST READING.
		Question: Shall this Ordinance be FINALLY PASSED?

16.	021987	[Settlement of Litigation]
		Ordinance authorizing settlement of litigation by the City and County of San Francisco against Hartford Properties, a California Corporation Linda L. Servis and Helen Parduhn Marshall, individuals by accepting the total amount of $25,000 directing its attorney to sign the Payment Agreement, Settlement and Release. (Treasurer-Tax Collector)
		(Public Benefit Recipient.)
		1/13/2003, PASSED ON FIRST READING AS AMENDED.
		Question: Shall this Ordinance be FINALLY PASSED?

	NEW BUSINESS

	From Finance Committee "Without Recommendation"
		Present: Supervisors Peskin, Daly, Maxwell

17.	021599	[Approval of Ferry Building Sublease Agreement]	Supervisor Peskin
		Resolution approving Sublease between Ferry Building Associates, LLC, as sublandlord, and San Francisco Port Commission, as subtenant, for the Port Commission Hearing Room and Ancillary Premises, located in the Ferry Building.
		(Fiscal impact; No Public Benefit Recipient.)
		Question: Shall this Resolution be ADOPTED?

	Recommendations of the Rules and Audits Committee
		Present: Supervisors Hall, Gonzalez

18.	020969	[Prohibition on Use of Public Funds for Printed Greeting Cards]	Supervisor Daly
		Ordinance amending Chapter 4 of Article III of the San Francisco Campaign and Governmental Conduct Code by adding a new section 3.405 to prohibit the use of City funds to produce or mail printed greeting cards.
		Question: Shall this Ordinance be PASSED ON FIRST READING?

		Present: Supervisors Gonzalez, Sandoval

19.	021791	[Preservative-treated Wood Containing Arsenic]	Supervisors Peskin, Sandoval
		Ordinance amending the San Francisco Administrative Code by adding Chapter 21G, requiring all City Departments and Contractors to purchase preservative-treated wood only from the list of environmentally preferable alternatives adopted by the Department of the Environment; requiring all City Departments that own or maintain play structures, park equipment or other facilities constructed with preservative-treated wood containing arsenic to undertake certain actions; requiring the Department of the Environment to report to the Commission on the Environment on the programs mandated by this Chapter; requiring disposal of preservative-treated wood containing arsenic at approved landfills; and directing the Department of Building Inspection and the Department of the Environment to report on a possible citywide ban on preservative-treated wood containing arsenic.
		Question: Shall this Ordinance be PASSED ON FIRST READING?

20.	021853	[Extending the Existence of the CEDAW Task Force]	Supervisor Maxwell
		Ordinance amending San Francisco Administrative Code by amending Section 12K.5 to change the expiration date of the Convention to Eliminate all forms of Discrimination Against Women ("CEDAW") Task Force from December 31, 2002 to June 30, 2003.
		Question: Shall this Ordinance be PASSED ON FIRST READING?

		Present: Supervisors Gonzalez, Sandoval

21.	021943	[Appointment]
		Resolution appointing Janet Reilly, Robert McDonnell, Leah Shahum, and Maryanne Harrison, for a term subject to review and affirmation on January 31, 2005, to the Golden Gate Bridge, Highway and Transportation District.
		Janet Reilly, succeeding Joseph Blue, seat 1, must represent the public at large, for a two-year term subject to review and affirmation by the Board of Supervisors by January 31, 2005; Robert McDonnell, succeeding himself, seat 2, must represent the public at large, for a two-year term subject to review and affirmation by the Board of Supervisors by January 31, 2005; Leah Shahum, succeeding herself, seat 3, must represent the public at large, for a two-year term subject to review and affirmation by the Board of Supervisors by January 31, 2005; Maryanne Harrison, succeeding herself, seat 4, must represent the public at large, for a two-year term subject to review and affirmation by the Board of Supervisors by January 31, 2005.
		Question: Shall this Resolution be ADOPTED?

		Present: Supervisors Hall, Gonzalez

22.	030011	[Appointment]
		Resolution appointing Sara Desumala, term ending on December 31, 2004, to the Developmental Disabilities Area Board V.
		Sara Desumala, succeeding herself, term expired, seat 2, must have a demonstrated interest and leadership in human services, for the unexpired portion of a three-year term ending December 31, 2004.
		Question: Shall this Resolution be ADOPTED?

23.	030012	[Appointment]
		Resolution appointing Supervisor Tom Ammiano as a member of the Board of Directors, Golden Gate Bridge Highway and Transportation District.
		Question: Shall this Resolution be ADOPTED?

		Present: Supervisors Gonzalez, Sandoval

24.	030015	[Appointment]
		Resolution appointing Supervisor Tony Hall as a member of the Board of Directors, Golden Gate Bridge Highway and Transportation District.
		Question: Shall this Resolution be ADOPTED?

		Present: Supervisors Hall, Gonzalez

25.	030017	[Appointment]
		Resolution appointing Supervisor Sophie Maxwell as a member of the Board of Directors, Golden Gate Bridge Highway and Transportation District.
		Question: Shall this Resolution be ADOPTED?

26.	030019	[Appointment]
		Resolution appointing Supervisor Jake McGoldrick as a member of the Board of Directors, Golden Gate Bridge Highway and Transportation District.
		Question: Shall this Resolution be ADOPTED?

27.	022015	[Amending Rules of Order 3.9 - Roll Call Requests]	Supervisor Gonzalez
		Motion amending Rule 3.9 of the Rules of Order of the Board of Supervisors to allow Supervisors to make Roll Call requests for introduction at alternate Board meetings beginning in February of 2003.
		Question: Shall this Motion be ADOPTED?

28.	022026	[Amending the Rules of Order of the San Francisco Board of Supervisors]
		Motion amending Rules 1.1, 2.9, 2.18, 3.7, 3.8, 3.11, and 5.35 of the Rules of Order of the Board of Supervisors to reflect the change of the regular meeting day from Monday to Tuesday and deadlines related thereto. (Clerk of the Board)
		Question: Shall this Motion be ADOPTED?

	SPECIAL ORDER 3:00 P.M.

	Board of Supervisors Sitting as a Committee of the Whole

29.	022040	[FY 2002-2003 and FY 2003-2004 Budgets]	Supervisor Maxwell
		Hearing on FY 2002-2003 and FY 2003-2004 budgets at a Committee of the Whole on January 13, 2003. The hearing will include reports from the Controller and the Mayor's Budget Office on mid-year budget reduction proposals, the most current budget projections for the City, and potential impacts for San Francisco from the State budget shortfall.
		1/13/2003, CONTINUED. Continued to January 21, 2003
		Action:___________________________

	SPECIAL ORDER 3:00 P.M.

30.	022020	[Public Hearing - Appeal, Supplemental EIR for the San Francisco Cruise Terminal Mixed Use Project and Brannan Street Wharf Project]
		Hearing of persons interested in or objecting to the Planning Commission certification of the Final Supplemental Environmental Impact Report, Planning Case No. 94.155E, for a proposed mixed-use cruise terminal facility/residential project, located on Piers 30-32 and Seawall Lot 330 and a public open space project, in the location of Piers 34 and 36, in the Port of San Francisco. (Clerk of the Board)
		(Appeal filed December 11, 2002; companion measure to Files 022020, 022021, 022022, 022023.)
		1/13/2003, CONTINUED. Continued to January 21, 2003
		Action:___________________________

	Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing.

	(Only one of the following two motions should be adopted.)

31.	022021	[Affirming Planning Commission certification of the FSEIR for the S.F. Cruise Terminal Mixed Use Project and Brannan Street Wharf Project]
		Motion affirming Planning Commission certification of the Final Supplemental Environmental Impact Report for a proposed mixed-use cruise terminal facility/residential project, located on Piers 30-32 and Seawall Lot 330 and a public open space project, in the location of Piers 34 and 36, in the Port of San Francisco, in the City and County of San Francisco. (Clerk of the Board)
		1/13/2003, CONTINUED. Continued to January 21, 2003
		Question: Shall this Motion be ADOPTED?

32.	022022	[Reversing the Planning Commission certification of the FSEIR for the S.F. Cruise Terminal Mixed Use Project and Brannan Street Wharf Project.]
		Motion reversing the Planning Commission certification of the Final Supplemental Environmental Impact Report for a proposed mixed-use cruise terminal facility/residential project, located on Piers 30-32 and Seawall Lot 330 and a public open space project, in the location of Piers 34 and 36, in the Port of San Francisco, in the City and County of San Francisco. (Clerk of the Board)
		1/13/2003, CONTINUED. Continued to January 21, 2003
		Question: Shall this Motion be ADOPTED?

33.	022023	[Preparation of findings reversing the Planning Commission certification of the FSEIR for the S.F. Cruise Terminal Mixed Use Project and Brannan Street Wharf Project]
		Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission certification of the Final Supplemental Environmental Impact Report for a proposed mixed-use cruise terminal facility/residential project, located on Piers 30-32 and Seawall Lot 330 and a public open space project, in the location of Piers 34 and 36, in the Port of San Francisco, in the City and County of San Francisco. (Clerk of the Board)
		1/13/2003, CONTINUED. Continued to January 21, 2003
		Question: Shall this Motion be ADOPTED?

34.	ROLL CALL FOR INTRODUCTIONS
	Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, and letters of request to the City Attorney.

35.	PUBLIC COMMENT
	An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to

	APPROVAL OF REQUESTS TO THE LEGISLATIVE ANALYST
	These items may be introduced by any Supervisor seeking analysis from the Office of the Legislative Analyst on introduced legislation and for the purpose of providing assistance to Board of Supervisors' task forces and advisory committees. Requests to the Legislative Analyst shall require the affirmative vote of a majority of the members of the Board.

36.	030073	[Legislative Analyst Request - Serial Inebriation]	Supervisor McGoldrick
		Motion requesting the Legislative Analyst to analyze the best practices of other local jurisdiction with regard to dealing with the problem of serial inebriation in public and evaluating the effectiveness of such programs in reducing the incidence of repeated public inebriation by the same persons. Please consider the interagency program operated by the City of San Diego called the Serial Inebriate Program (SIP). In-depth report on this topic, delivered by May 2003.
		Question: Shall this Motion be ADOPTED?

37.	030074	[Legislative Analyst Request - Legislators Retreats]	Supervisor Maxwell
		Motion requesting the Legislative Analyst to research on how other cities and counties determine space and time for local legislators to conduct retreats. In particular, examine how the Cities of Richmond and Redwood City, California, and Reno, Nevada conduct legislative retreats.Sponsor requests this report by March 7, 2003.
		Question: Shall this Motion be ADOPTED?

38.	030077	[Legislative Analyst Request - Update File Number 011590]	Supervisor Daly
		Motion requesting the Legislative Analyst to update File Number 011590 (Leno) related to the Digital Divide, with specific emphasis on the City's progress in addressing the Digital Divide. Please complete this report by February 13, 2003.
		Question: Shall this Motion be ADOPTED?

39.	030078	[Legislative Analyst Request - Cruise Ship Terminal at Piers 30 and 32]	Supervisor Daly
		Motion requesting the Legislative Analyst to examine the regulatory process for approval of the proposed Cruise Ship Terminal at Piers 30 and 32, provide analysis of state legislation that has been approved and may be proposed regarding this site, describe efforts in other communities to plan for cruise terminals and to provide guidance to City staff in advance of regulatory approvals at the Board of Supervisors. Please provide an initial report no later than February 13, 2003 and continue working until legislation is adopted.
		Question: Shall this Motion be ADOPTED?

	From Rules and Audits Committee "Without Recommendation"
		Present: Supervisors Hall, Sandoval

40.	021541	[Settlement of Lawsuit]
		Ordinance authorizing settlement of the lawsuit filed by Robert Haaland against the City and County of San Francisco for $107,500; the lawsuit was filed on August 10, 1999 in San Francisco Superior Court, Case No. 305-552; entitled Robert Haaland, et al., v. City and County of San Francisco, et al. (City Attorney)
		(Public Benefit Recipient.)
		Question: Shall this Ordinance be PASSED ON FIRST READING?

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Litigation

City as Defendant

	[Convene in Closed Session] Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from the City Attorney as permitted by Government Code regarding the following litigation: Haaland v. San Francisco (San Francisco Superior court No. 305-552, filed 8/10/99 The Closed Session is permitted by California Government Code Section 54956.9 (a) and Administrtive Code (Sunshine Ordinance) Section 67.10 (d)(1), and discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending litigation.

	After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.

	[Elect To Disclose] Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

	[Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the existing litigation listed above.

CLOSED SESSION

CONFERENCE WITH CITY ATTORNEY - Existing Litigation

City as Defendant

41.	030033	[Existing Litigation - Realty Equities, Inc. v. San Francisco]
		Motion that the Board of Supervisors convene in closed session with the City Attorney for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following litigation filed against the City and County of San Francisco by plaintiffs who have challenged the validity of an appeal from a Planning Commission decision granting a conditional use authorization, which decision was reversed by the Board of Supervisors on appeal, regarding a proposed demolition of an existing motel (Lanai Motel) and construction of a four story tourist hotel at 2361 Lombard St. Realty Equities, Inc. v. San Francisco San Francisco Superior Court No. 314-332, filed 8/14/00 The Closed Session is permitted by California Government Code Section 54956.9 (a) and Administrative Code (Sunshine Ordinance) Section 67.10 (d) (1), and discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the pending litigation.
		Action: _____________________________________________

	After a closed session, if one occurs, the President shall (1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2) direct the Clerk of the Board to report the vote taken on any motion in the closed session.

	[Elect To Disclose] Motion that the Board finds it is in the public interest to disclose information discussed in closed session, and directs the President immediately to disclose that information.

	[Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations concerning the existing litigation listed above.

	FOR ADOPTION WITHOUT COMMITTEE REFERENCE
	These measures are introduced for adoption without committee reference. A unanimous vote is required for adoption of a resolution today. Any Supervisor may require any resolution to go to committee.

Items 44 through 57

42.	022044	[Supporting Assembly Bill 18]	Supervisors Dufty, Ammiano, McGoldrick
		Resolution supporting Assembly Bill 18, eliminating the preemption clause of the State Fair Employment and Housing Act.
		12/16/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		1/13/2003, CONTINUED. Continued to January 21, 2003 Supervisor McGoldrick requested to be added as a co-sponsor.
		Question: Shall this Resolution be ADOPTED?

43.	022047	[Opposing USA PATRIOT Act]	Supervisors McGoldrick, Sandoval, Daly, Peskin
		Resolution opposing the USA PATRIOT Act and related Executive Orders.
		12/17/2002, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		1/13/2003, CONTINUED. Continued to January 21, 2003 Supervisors Sandoval, Daly and Peskin requested to be added as co-sponsors.
		Question: Shall this Resolution be ADOPTED?

44.	030058	[Honoring Mayor Massimo Mallegni and Honorable Cultural Assessor Massimilano Simoni]	Supervisor Ammiano
		Resolution honoring the Honorable Mayor Massimo Mallegni and the Honorable Cultural Assessor Massimilano Simoni for their participation in the "1st International Marble Mosaic Competition" which will be held in both San Francisco and Pietrasanta on September 27th and 28th, 2003.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

45.	030059	[Taking stand against hate crime at Women's Building]	Supervisor Ammiano
		Resolution taking a stand against the intolerable hate crime attacks done to the Women's Building, and asking anyone with information about the attacks to contact the Mission Police Station.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

46.	030060	[Supporting operations of California Coastal Commission]	Supervisor Peskin
		Resolution supporting the continued operation of the California Coastal Commission and urging State government to modify appointment procedures of the Commission so that it may continue its good work implementing the State of California's coastal protection program in perpetuity.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

47.	030061	[Authorize DPT Grant of $400,000 to establish a Motorist Information System]	Supervisor Newsom
		Resolution authorizing the Department of Parking and Traffic to accept and expend a grant in the amount of $400,000 from the California Department of Transportation (Caltrans) to establish a Motorist Information System.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

48.	030062	[Authorize DPT Grant of $360,000 from Hazard Elimination Program]	Supervisor Newsom
		Resolution authorizing the Department of Parking and Traffic to accept and expend a grant in the amount of $360,000 from the Hazard Elimination Safety Program to implement an emergency vehicle priority system at the 20 to 30 most critical intersections surrounding the five busiest fire stations in the City - the Financial District, Chinatown, Moscone Center, Civic Center and Mission Bay.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

49.	030063	[Urging San Francisco Redevelopment Agency Commission to change meeting day from Tuesday to Monday]	Supervisor Gonzalez
		Resolution urging the San Francisco Redevelopment Agency Commission to move its regularly scheduled meeting time from Tuesday to Monday.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

50.	030064	[Urge State Legislature to adopt Domestic Rights and Responsibilities Act]	Supervisors Ammiano, Daly, Dufty, Gonzalez, Newsom, Peskin, McGoldrick
		Resolution urging the State Legislature to adopt the Domestic Partner Rights and Responsibilities Act of 2003.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

51.	030065	[Recognizing Ging P. Bill Wong]	Supervisor Peskin
		Resolution recognizing Mr. Ging P. Bill Wong's 36-year career at the Federal Highway Administration of the U.S. Department of Transportation and his dedicated service on their behalf to our City and declaring January 15, 2003 to be the "Bill Wong Day" in San Francisco.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

52.	030066	[Commending Coastal Conservancy]	Supervisor Peskin
		Resolution commending the Coastal Conservancy for its financial support for Sail San Francisco 2002 and encouraging the Coastal Conservancy's support for similar future events.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

53.	030067	[Commending Most Reverend Ignatius Wang]	Supervisor Ma
		Resolution commending the Most Reverend Ignatius Wang on his appointment as Titular Bishop of Sitipa and Auxiliary Bishop of San Francisco.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

54.	030068	[Commending San Francisco University High School Girls' Volleyball Team]	Supervisors Ma, Maxwell
		Resolution commending the San Francisco University High School Girls' Volleyball Team for their achievements in the Bay Counties League (BCL) and the State Championships.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

55.	030069	[Commending Robert Wertz]	Supervisor Newsom
		Resolution commending Robert Wertz upon his retirement after serving the youth and families of San Francisco for over 31 years.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

56.	030079	[Commending San Francisco University High School Girls' Cross Country Team]	Supervisors Ma, Maxwell
		Resolution commending the San Francisco University High School Girls' Cross Country Team for their achievements in the Bay Counties League (BCL) and the State Championships.
		1/13/2003, REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
		Question: Shall this Resolution be ADOPTED?

		Questions on the For Adoption Without Committee Reference Agenda:_________________________________________

57.	IMPERATIVE AGENDA
	Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding.Each motion requires 8 votes or a unanimous 6 or 7. A unanimous vote is required for the resolution(s).

	[Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting."

	[Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory.

	[Brown Act Finding] Motion that the Board find by roll call vote that for the resolutions being considered at this time there is a need to take immediate action and the need to take action came to the attention of the City and County of San Francisco after the agenda was posted.

	[Imperative Resolutions, if any]

OFF-AGENDA LEGISLATION

	PROPOSED ORDINANCES
		Proposed ordinances received from January 9, 2003 through noon on January 15, 2003, for reference by President to appropriate committee on January 21, 2002.

	030025	[Increasing the Alemany Flea Market Daily Staff Fee]
		Ordinance amending Section 9B.5 of the San Francisco Administrative Code by increasing the daily fee for a stall at the Alemany Flea Market from $30 per stall to $45 per stall. (Agriculture, Weights and Measures)
		(No Public Benefit Recipient.)
		1/9/2003, RECEIVED AND ASSIGNED to Finance Committee.

	030029	[Authorizing MTA to proceed with CM/GC project delivery method for Muni Metro East Project]
		Ordinance exempting the Municipal Transportation Agency (MTA) from subcontractor listing requirements of Administrative Code Chapter 6 for the proposed construction of the Muni Metro East Light Rail Vehicle Maintenance and Operations Facility Project; and authorizing the MTA to take all necessary steps to procure such work through a CM/GC contract duly awarded pursuant to this Ordinance. (Municipal Transportation Agency)
		(No Public Benefit Recipient.)
		1/13/2003, RECEIVED AND ASSIGNED to Transportation and Commerce Committee.

	PROPOSED RESOLUTIONS
		Proposed resolutions received from January 9, 2003 through noon on January 15, 2003, for reference by President to appropriate committee on January 21, 2003.

	030023	[Child Care Health Linkages]
		Resolution authorizing the San Francisco Department of Public Health (SFDPH) to enter retroactively into an agreement in the amount of $84,328.13 with The Regents of the University of California San Francisco (UCSF), the primary contractor, to extend current child care health consultation services to family childcare providers, for the period of July 1, 2002 to June 30, 2003. (Public Health Department)
		(No Public Benefit Recipient.)
		1/10/2003, RECEIVED AND ASSIGNED to Health and Human Services Committee.

	030024	[PUC Contract for Program Management Services, CS-524]
		Resolution approving Public Utilities Commission's continuation of Agreement No. CS-524, Program Management Services, with the Water Infrastructure Partners (WIP) for a third year. (Public Utilities Commission)
		(No Public Benefit Recipient.)
		1/3/2003, RECEIVED AND ASSIGNED to Finance Committee.

	030031	[Establishing Monthly Contribution Amount]
		Resolution establishing monthly contribution amount to Health Service Trust Fund. (Human Resources Department)
		(No Public Benefit Recipient.)
		1/10/2003, RECEIVED AND ASSIGNED to Finance Committee.

	030003	[Sale of 1345 Turk/1140 Fillmore to Redevelopment Agency]
		Resolution approving the sale of real property located at 1345 Turk and 1140 Fillmore Streets to the San Francisco Redevelopment Agency for $900,000; approving the interdepartmental transfer of jurisdiction over 1345 Turk from the Municipal Transportation Agency to the City's Arts Commission; authorizing the Director of Property to enter into an Agreement for the Sale of Real Property with the San Francisco Redevelopment Agency for the sale of such real property for the development of affordable housing, arts and community uses, and other public beneficial uses. (Real Estate Department)
		1/10/02 From City Attorney, substitute resolution bearing new title. (Public Benefit Recipient.)
		1/6/2003, RECEIVED AND ASSIGNED to Finance Committee.
		1/10/2003, SUBSTITUTED. City Attorney submitted a substitute resolution bearing new title.
		1/10/2003, ASSIGNED to Finance Committee.

	030087	[Petitions and Communications]
		Petitions and Communications received from January 9, 2003 through noon on January 15, 2003 for reference by the President to Committee considering related matters or to be ordered filed by the Clerk on January 21, 2003. From Human Rights Commission, submitting copy of letter sent to Denise and John York, owners of the San Francisco Forty Niners, regarding homophobic statements made by Garrison Hearst in the Fresno Bee newspaper. (Reference No. 20021125-008) Copy: Supervisor Ammiano(1) From Civil Service Commission, regarding implementation of Proposition J, approved by the voters in November 2002, amending City Charter Section 2.100 declaring Members, Board of Supervisors a full-time position and directing the Civil Service Commission to set the salaries.(2) From concerned citizens, submitting support for proposed legislation that adds the term "guardian" where term "owner" appears in local codes referring to animal companions. File 021645(3) From Clerk of the Board, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-089) Copy: Supervisor Hall(4) From Gray Panthers of San Francisco, submitting support for proposed resolution opposing USA PATRIOT Act and related Executive Orders. Copy: Each Supervisor(5) From Office of the County Clerk, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-073) Copy: Supervisor Hall(6) From Chief Medical Examiner, submitting overtime report for fiscal year 2001/02.(7) From Zain Azzghayer, submitting request for transfer of an off-sale general (Type 21) license from 50 - 3rd Street to 725 Folsom Street, for dba Museum Parc Market.(8) From Office of Contract Administration, submitting notice that the Official Advertising Contract has been extended six months from January 1, 2002 through June 30, 2003.(9) From Building Inspection Commission, submitting notice that appeal of denial of street improvement and minor encroachment permit will be heard on February 5, 2003.(10) From Peters & Beard, submitting request for a Type 48, On-Sale General Public Premises liquor license for "Red Devil Lounge" at 1695 Polk Street.(11) From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for General Advertising Signs Identification and Registration Controls.Files 021727, 021813(12) From Department of Aging and Adult Services, submitting notice that the Department has no existing or proposed plans for the development of a recycled cell phone program which would provide surplus cell phones to seniors.(Reference No. 20021209-007) Copy: Supervisor Newsom(13) From Police Department, regarding the Department's policy concerning warrantless searches, and officer training regarding warrantless searches. Copy: Supervisors Hall, Gonzalez, Sandoval(14) From Bill Quan, regarding settlement of lawsuit for Proposition H concerning Capital Improvement Passthroughs by amending the San Francisco Rent Ordinance. File 021716, Copy: Each Supervisor(15) From Department of Parking and Traffic, regarding review of the following four intersections: Laurel and Sacramento Streets, Sacramento and Walnut Streets, California and Pierce Streets and Grove and Scott Streets. (Reference No. 20021209-006) Copy: Supervisor Newsom(16) From Department of Parking and Traffic, regarding proposed hearing on public safety policies regarding individuals living in vehicles. (Reference No. 20021216-006) Copy: Supervisor Sandoval(17) From Superior Court of California, submitting notice that "plans and proposals for the implementation of Senate Bill 1421" is not applicable to the Superior Court. (Reference No. 20021112-003) Copy: Supervisor Sandoval(18) From Office of the Treasurer, submitting investment activity (for fiscal year to date) of the portfolios under management.(19) From Lend Lease Development, Inc., regarding appeal of Certification of Supplemental Environmental Impact Report for the San Francisco Cruise Terminal Mixed-Use Project and Brannan Street Wharf Project. Copy: Each Supervisor(20) From Adult Probation Department, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-040) Copy: Supervisor Hall(21) From Department of Human Resources, submitting Quarterly Report of Economic Settlements for the quarter period covering October 1, 2002 through December 31, 2002.(22) From SF War Memorial and Performing Arts Center, submitting request for waiver of Administrative Code Chapters 12B and 12C for International Fire Equipment Company.(23) From True Sake, LLC, submitting request for an Off-Sale Beer and Wine license for Beau Timken dba True Sake at 560 Hayes Street.(24) From Airport Commission, submitting request for a supplemental appropriation for fiscal year 2002/03 in the amount of $1,320,534, the need for this request is due to an error that was made by the Airport in setting the correct appropriation level for the Airfield Development Program. Copy: Supervisor Peskin(25) From Department of Building Inspection, regarding status of the Residential Sprinkler Ordinance. (Reference No. 20021209-008) Copy: Supervisor Newsom(26) From RCN Corporation, submitting a check in the amount of $82,000 to pay all reasonable costs incurred by the City related to the processing of the RCN Open Video System proposal. File 021825(27) From SF Environment, regarding health and safety conditions at the Hall of Justice building at 850 Bryant Street. (Reference No. 20021209-10) Copy: Supervisor Newsom(28) From Municipal Railway, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-045) Copy: Supervisor Hall(29) From Department of Public Works, regarding employee overtime in excess of 16% of their regularly scheduled straight time.(30) From Port of San Francisco, submitting quarterly report on the rate of expenditure for each appropriated item, pursuant to Section 25 of the 2003 Annual Appropriation Ordinance. Copy: Each Supervisor(31) From Clerk of the Board, submitting quarterly report on the rate of expenditure for each appropriated item, pursuant to Section 25 of the 2003 Annual Appropriation Ordinance. Copy: Each Supervisor(32) From AT&T Broadband, submitting notice of a recent increase in the franchise fees collected from customers in the City and County of San Francisco.(33) From Office of the Controller, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-012) Copy: Supervisor Hall(34) From Department of Elections, regarding the status of implementing the Instant Run-Off Voting Proposal from ES&S.Copy: Each Supervisor(35) From Employees' Retirement System, submitting retirement contribution rates for fiscal year 2003/04.(36) From Office of Contract Administration, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-084) Copy: Supervisor Hall(37) From Office of the Treasurer/Tax Collector, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-005) Copy: Supervisor Hall(38) From Planning Department, submitting Certificate of Determination of Exemption/Exclusion from Environmental Review for ordinance creating the Dogpatch Historic District. File 020972(39) From David Osgood, submitting opposition to the current cruise terminal development. File 022020(40) From Office of the Legislative Analyst, submitting report on existing programs that employ school nurses at all school levels in the San Francisco Unified School District. File 021048(41) From Redevelopment Agency, regarding long-term planning for proposed and existing redevelopment areas in San Francisco. (Reference No. 20021216-018) Copy: Supervisor Hall(42) From Department of Parking and Traffic, regarding the feasibility of making the intersection of Leland Avenue and Sawyer Street an all-way Stop. (Reference No. 20021007-001) Copy: Supervisor Maxwell(43) From Animal Care and Control Department, regarding appropriating funds to not-for-profit service providers. (Reference No. 20021216-063) Copy: Supervisor Hall(44) From Fire Department, submitting notice of annual fire and life safety inspection (December 17, 2002), for County Jail No. 1, 850 Bryant Street, 6th Floor.(45) From Department of Public Health, submitting AIDS cases reported through December 2002.(46) Number not used.(47) From Small Property Owners of San Francisco, regarding the capital improvement pass-through ordinance. File 020716 Copy: Each Supervisor(48) From Office of the Public Defender, submitting annual report for fiscal 2001-02.(49)

	ADJOURNMENT

Meeting Procedures

The Board of Supervisors is the Legislative Body of the City and County of San Francisco. The Board considers ordinances and resolutions, most of which have been the subject of hearings before the standing committees of the board at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers and similar sound-producing electronic devices, (Violators may be removed from the meeting room.) 3) signs to be brought into the meeting or displayed in the room; and 4)standing in the Legislative Chamber. Citizens are encouraged to testify at Board hearings and to write letters to the Board and to its members, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Agenda are available on the internet at www.ci.sf.ca.us/bdsupvrs.bos.htm. THE AGENDA PACKET IS AVAILABLE AT CITY HALL, ROOM 244, RECEPTION DESK. Board meetings are cablecast on SF Cable 26. For video tape copies and scheduling call (415) 557-4293. Results of each Board meeting can be obtained about a half hour after the end of the meeting by telephoning (415) 554-5555. Requests for language translation at a meeting must be received no later than noon the Friday before the meeting. Contact Ohn Myint at (415) 554-7704. AVISO EN ESPA„OL: La solicitud para un traductor en una reunion debe recibirse antes de mediodia de el viernes anterior a la reunion. Llame a Erasmo Vazquez (415) 554-4909.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall by mail to Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-5784 or by email at Donna.Hall@sfgov.org Citizens may obtain a free copy of the Sunshine Ordinance by contacting Ms. Hall or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.htm

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code Sec. 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics