fully addressed until the power plant buildings are dismantled and removed. as these environmental issues are addressed, the city can work with marant or its designee to determine the future use. the office of economic development staff will coordinate with the landowner to provide a reuse plan with members of this board. north of the power plant is the pier 7 the project -- 70 project. the port received unprecedented private-sector interest on this project. the port will initiate approvals for up to 3 million square feet of development at pier 70, including 20 acres of new parks. the infrastructure, roadway

networks, and water plant should be planned in concert with the pier 70 site to successfully access on the resources for the infrastructure. we will count on you and the supervisors in your district to hit the road running when this important effort resumes. we look forward to doing this in concert with the steps that have already been taken. i will commit to you are determination to do this. president chiu: that concludes today's session. mr. mayor, i want to thank you for being here and look forward to seeing you next month. mayor lee: i look forward to it. working with all of you, i am excited to continue those efforts. thank you very much. [applause]

president chiu: why don't we now move to our consent agenda. >> items 2 and 3 comprise the consent agenda. this will be acted on by a single roll call vote unless a member requests discussion. president chiu: would anyone like to sever one of these items? roll-call vote. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. >> there are 11 ayes. president chiu: these ordinances

are finally passed. item four. >> ordinance adding chapter 20 to the environment code to establish a three-year pilot program to reduce waste in the distribution of yellow pages phone directories to private residences and businesses in san francisco. president chiu: as you know, this is legislation which considered at the planning committee as well as six weeks ago. this will help to fight neighborhood blight and help our economy by limiting the mass over distribution of yellow pages. this is not a ban on yellow pages. it's simply permits anyone who wants a yellow page to get one. i want to thank supervisors mar, mirkarimi, weiner, and cohen

for your co-sponsorship, as well as neighborhood groups and businesses around the city for their support. six years ago, there were some questions around the impact of the legislation on the economy. the small business commission unanimously supported this legislation after much discussion, because they believe this would be good for business. but i understand there were some of you that wanted an environmental -- an economic impact report on this legislation. we received the report yesterday. for those of you that did not have the chance to read every word of it, i want to mention a couple of things that were in that report. and the final paragraph, "many legislation -- this proposed legislation generates environmental and economic benefits. it will reduce city waste and recycling costs, as well as

foster a more efficient business advertisement system in san francisco." in the conclusions section, if i can read from the last paragraph, the best estimate of the net impact of the legislation over the three-year life of the pilot program will be the creation of 115 jobs, and an expansion of the city economy but of when $6 million annually. i think at this point -- of a up and an expansion of the city economy of $3.60 million annually. i think at this point most questions have been answered. supervisor campos: thank you, mr. president. let me say this. i have recently indicated that i support the concept of getting to a point where we get rid of the yellow pages.

from an environmental perspective, it makes a lot of sense. because of that, i will be supporting this legislation. where i feel that things could have been done differently is that i do wish there could be -- there had been more outreach to certain small businesses, especially businesses where you have monolingual speakers. my experience in talking to a number of those folks is that the kind of outreach that you would want for this kind of legislation was not done. it is really important for us as a city to make sure that we work with small businesses in particular, and with certain communities that perhaps might be disconnected from city hall, to make sure they understand

what this legislation means. some people may think this legislation impacts them directly when infected may not. so i think education is key. the last piece is that there is a technology divide within our population. there are people who simply do not have access to the internet, who do not have the means to access information the way that others have. i think it is really imperative for government to make sure that we play a role in closing that technological divide. i will be supporting this notwithstanding those reservations. i think that when a group like turn comes out against the legislation, a body like the board of supervisors have to pay close attention to that. the work they do emphasizes the importance of protecting the rights of consumers, especially

most disadvantaged consumers. it is with a spirit of hoping that we are going to do something to address those concerns going forward that i will be supporting this. but nevertheless i do have those reservations. supervisor weiner: i too will be supporting the legislation today. we can see it every time there is a distribution of the phone book, how overreaching the distribution is. for weeks and weeks, the book sit there and cause problems with the recycling program. this is an industry that does need to transform. this is a step in that direction. with that said, i share many of supervisor come close -- campos's concerns about the

legislation, and i have struggled with this. i do think there are some small businesses that rely on the yellow pages. i know there are people in san francisco who will continue to use the yellow pages. the question for me is how do you get to the point where you have a yellow pages that people who need it and use it are able to do so, but do not have the mast over distribution of the yellow pages -- the mass over distribution of the yellow pages. at&t made a proposal in terms of reducing by a certain percentage of their distribution voluntarily. a am very interested in continuing those conversations. the proposal was made yesterday at a bit late in the process. i know between now and next tuesday we will continue to have conversations about where

me -- where we might go. but today i am voting for this. president chiu: i want to provide a little bit of background. there was quite a bit of outreach made to various small businesses, as well as to the various still a page distributors, including those representing those for whom english is not their first language. because of that, there is a special component of this legislation that creates an outreach program to make sure that anyone who wants the yellow page directories knows how to get it. specifically, this program will be an bannister by the department of the environment, -- will be administered by the department of the environment, with a special emphasis on those who are disabled or for whom english is not a first language. this specifically calls for the

mayor's office to do outreach to foreign language stations and centers in the city that served individuals for whom english is not their first language. this is an issue i certainly will be monitoring in the course of this pilot program. i also want to address what supervisor weiner just mentioned about the specific proposal the industry has flooded. i have not had a chance to sit down with the industry. i understand some representatives met with some of you. i am more than happy to sit down with industry representatives to address this. that said, this legislation has been in the pipeline for a long time. we'll see how conversations go over the next week. supervisor farrell: i like this idea. i think it is a move in the right direction.

i share the concerns that are previously articulated. there is a cost of defending this against what might come. is this a time to be doing this, given our budget issues? ultimately, i am one to support this. i know this is going to pass today. but i want to share that in terms of what we are doing at the board and these types of pieces of legislation, if we should be doing it at these times. i will support it. i just wanted to share that concern. president chiu: let us take a roll-call vote. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: aye.

supervisor elsbernd: no. supervisor farrell: aye. >> there are 10 ayes, one no. president chiu: this ordinance is passed on first reading. next item, please. >> item 5 is an ordinance amending the in the district of code, clarifying due process procedures during appeals hearings for contractors and subcontractors, and to additionally conform distribution of forfeiture provisions. president chiu: this was heard in committee and passed out unanimously. there was one issue discussed briefly in committee which amounted to address with an amendment here. as part of this legislation, this requires administrative law

judges, currently employed by the city to serve as hearing judges for appeals hearings related to public works contractors. it was not exactly clear what experience would be required of these administrative law judges. to make that clear, i have circulated an amendment that states it will require at least 10 years of approval -- of employment with the city, and include two years of experience in labor law or wage law matters. the amendment i certainly did have a slight error. it should read at lauren four, the appointed hearing officer should be an administrative law judge with at least 10 years of experience with the city and not less than two years experience with employment law and wage law matters. in other words, substituting the word "and" for "including." i would ask for your adoption of this amendment and your approval of this legislation. supervisor campos: colleagues,

any comments or questions? supervisor avalos: i would like to ask if we could delay the vote on this. i am going to support it, but there is some information i want to get before a vote on it. i apologize for the delay. are you ok with that? president chiu: i am fine with that. the only issue raised with me for outside stakeholders' was the one we are addressing with this issue. supervisor campos: unless there is any objection, what we move on to item 6? we have a motion to amend. can we take that? seconded by supervisor carmen chu. unless there is any objection, why don't recall item six. >> ordinance amending the annual salary ordinance to reflect the addition of a 0.25 social worker

in the office of the public defender. president chiu: roll-call vote. supervisor kim: aye. supervisor mar: aye. president chiu: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. >> there are 11 ayes. president chiu: next item. >> item 7, resolution authorizing the department of the environment to accept and expand a grant of $100,000 from the bay area air quality management district to contribute to the cost of installing 60 publicly available electric vehicle chargers. president chiu: same house, col.

>> item 8 is from the budget and finance subcommittee without recommendation, the resolution funding the proposed cruise terminal project at pier 27 physically feasible. supervisor kim: -- fiscally feasible. supervisor kim: i want to talk about some of my concerns and some of the responses i got. a month to thank you for it quickly addressing some of my concerns about this -- i want to thank you for quickly addressing some of my concerns about this. it is close to $90 million. i am looking at a current revenue in stream -- instream and an $11 million shortfall where we had not identified fund is in phase two. having talked to the port commission, several of my

concerns have been addressed, including an alternative plan for what the redesign would look like without $11 million, and also alternative sources of funding that may come through over the next couple of years. new less than level that is another concern i had is that the parks that would be built on pier 27 -- i had some concerns because we have so many neighborhood parks in our city that we have trouble maintaining. i was really excited about supporting the parks we have already existing in the neighborhood. i was worried about sharing funds by building a new park on the wharf. this is something i may continue to bring up. but for the purpose of this finding, it is not as relevant. so i will be supporting this resolution today. again, thanks to the port for answering many of my questions and addressing the concerns.

president chiu: can we take this item same house, called? without objection, this resolution is adopted. >> item 9, ordinance appropriating approximately $6.20 million of general fund reserve, fort salaries, disability, and workers' compensation in the sheriff's department. president chiu: same house, same call? why don't we skip over our special orders and go to roll call. >> first on a roll call for introductions, supervisor weiner. supervisor farrell? supervisor mirkarimi? supervisor mirkarimi: it is a

request for a hearing, a comprehensive report on family violence, which was just released. this report was released by the house advisory body, and it addresses child abuse and elder abuse. the report eliminates the true scope of the issue of violence -- family violence, in san francisco. with three years of data, the 2010 report was the first to include trendlines for many agencies, including the police department, family court, family and children services, adult protection services, and other city service providers. domestic violence is the most reported interpersonal crime in san francisco. there has been a significant spike in the reporting of elder abuse cases as well. the report offers concrete recommendations to address these and other trends.

our hearing is scheduled for june 2. this public hearing will give the city a chance to explore the research in the report. next, and in memoriam for the man killed on masonic ave. there is a vertical information on this man, james hudson. -- there is very little information on this man, james hudson. masonic avenue is becoming the next 19th avenue in san francisco. we received many fatalities this year already. since i have been in office, we have been pushing for traffic calming measures. some have been implemented incrementally. but it has been slow start in. i would say that even with the most recent fatality, that is a greater reason why these reforms need to happen asap.

>> thank you. president chiu: colleagues, i have a couple of items today. i have a resolution supporting hr 210, the philippine of fairness -- the philippino fairness bill. there were philippine nationals that served in our armed forces and never receive benefits. this is a resolution to support them and their decades of our efforts to receive recognition for their service. i also have a resolution that proclaims next week as public tours week. -- public works we. dpw will be hosting public tours and an open house, and host events to honor public works employees. i am also introducing an ordinance to convene the redistricting task force to

review our charter and communication from the city elections bureau. there have been enough changes to our district populations in the 2010 census that we will need to redraw a number of boundary lines. the rest of my atoms, i will submit. supervisor campos: king to. colleagues, i would like to speak on a couple of items today. first, given that the current format does not allow for an exchange between the mayor and the board of supervisors, amounted to take this opportunity during roll call for introductions -- i wanted to take this opportunity during roll call for introductions to respond to mayor lee's response to a supervisor -- response to supervisor kim regarding legislation we enacted months ago that we would comply with

the letter and the spirit of the sanctuary ordinance that has been in place for more than 20 years. as i understand the response and as i understand the position that mayor lee is taking with respect to the ordinance, as i understand it, what he is saying is that if you are a child, if you are a minor who is accused of a felony, you will be given due process if you have family that lives in san francisco, or if you are accompanied, as the term goes, by a parent or a guardian or adult. but in those instances where you as a child are charged with a felony and are unaccompanied, or do not have a parent or family in the area, that you will not be given due process. in response to that position, i begin by thanking my ear -- mayor lee for at least taking

one step in the right direction, which is to accord a group of children, a group of youth that currently are not being given due process -- to give them due process. those children who are, because of their immigration status, subject to deportation -- giving them the opportunity to have their day in court before they are reported to immigration is, i think, a very smart move. we welcome and appreciate that step. i know many members of the community who have met with the mayor are very happy to hear that step. that said, as much as we appreciate that step being taken, even if that step is taken, we still will not have full compliance with a lot duly enacted by this board of

supervisors. awful compliance means giving every child in san francisco who directs with a criminal justice system to process. i will respectfully submit that while i welcome this change, it is simply not sufficient. mayor lee, i would respectfully comply you act with the ordinance we pass and engage with full implementation of a lot duly enacted by this board of supervisors. under the constitution and the oath of mayor takes, you take the oath to abide by the laws duly enacted by the legislative body. this body has not enacted that law. in that law, under california law, needs to be respected to -- to the respect that what the best policy is, it's not up to the executive to second-guess the legislative branch.

if there is any second-guessing to be done under california law, that second-guessing can only be done by the courts which means a lot should be complied with unless there is a finding by the court that the law is illegal. no finding exists in this case and therefore, we once again ask the mayor of san francisco to comply with full implementation. we are talking about a very basic principle at the heart of our judicial system which is the principal in this country you are innocent until proven guilty. if you deprive a group of children of the ability to have their day in court, there's a very real possibility that the children you will be reporting to emigration are children that are in fact not guilty of that of which they have been accused. we as a society cannot function if this tenant of an ascent until proven guilty is not at the core of how we do business.

once again, i asked the mayor to reconsider his decision. the united states supreme court has made it very clear and it has been a lot in this country for quite some time that children in the united states have a right to due process. the fact that they may be undocumented does not deprive them of that right. the united states supreme court made it very clear in response to an effort by the state of texas to deprive undocumented children of the right to education, the u.s. supreme court made it very clear that undocumented children are persons within the meaning of the u.s. constitution and that as persons, they are entitled to due process. writing for the majority, justice brennan noted that we reject this argument, whenever his status under the immigration

laws, an alien is surely a person under any ordinary sense of that term. even aliens whose presence in this country is unlawful have long been recognized as persons guaranteed due process of law by the fifth and 14th amendments. this opinion makes no distinction between an undocumented child being accompanied or unaccompanied. there is no reason for the mayor of san francisco to make that distinction. in fact, from a public policy standpoint, that distinction does not make sense. as the advocates have indicated to the mayor, there are a whole series of procedures already in place that ensure the right balance between public safety in due process is struck, as was noted by the caucus in the letter dated may 1st, there are in place procedures that in sure you do not