leaders from this body, as well from city hall, community, and law-enforcement work together to help highlight the respect that should be afforded to the occupied movement. that approach should continue non violently. what we saw should not happen in san francisco. that should never be considered as a first resort. supervisor chu: thank you, president. first of all, i appreciate all the efforts all of the members of the mayor's office. many of us agree we do not condone violence, on both sides. that is not something we ever want to see happen in any

protest in san francisco. in terms of the occupy sf movement, reading the resolution overall, i agree with 99% of what is being said. there are a lot of folks who feel similarly, who feel very frustrated at the movement or lack of movement we seen nationally. there are policies in place that seemed to create a larger divide. i certainly agree with that message. in terms of free speech, i think it is a fundamental right in the united states. i think that really distinguishes us from any other country. that is something very close to our hearts. but unfortunately for me, i want to express what it is a will not be supporting this resolution,

because i think it is important. it has nothing to do with the movement or the message of the movement. it has nothing to do with the free speech right. i do not condone any violence in san francisco with any future action. for me, the area where i have discomfort is what we do around permitting -- term use -- permitting long-term use of public spaces. it could be any other movement. it could be in just herman plaza. it could be somewhere else in the city. i am not sure we have a good idea of what the city is falling to do around these public spaces. the 99.9% of this resolution and the comments about banking institutions and foreclosures -- i think we have a large structural issue to contend with.

i wanted to make sure i told you that so it is not misconstrued, or the vote is not misconstrued in any other way. president chiu: thank you. i want to thank everyone in this room, who i know has been thinking very hard about the events of the last few weeks. i want to thank all the members of the public who have been engaged in these very important discussions about our community, our country, and the inequalities we have today. i appreciate the comment about the 99.99%. i want to say that having visited the joseph herman plaza cite a number of times, i have been very impressed by the conduct of the individuals involved in this movement. i certainly think that what

happened last week in oakland was deplorable, and was absolutely praetexta will -- and -- was absolutely pretextual. the reason i join my colleagues is always concerned, as i think all of us were concerned, about the possibility of an unnecessarily the violent confrontation between folks trying to get a message out and others within city government. i want to thank the folks who have participated, and the department heads that are looking out for the public health and public safety issues we have to be concerned about, as well as the members and leadership of occupy sf. i supported supervisor weiner's amendment for a number of reasons.

i was prepared to support supervisor avalos, but i would prefer to build a consensus at the board, and hopefully have a super majority of colleagues in support of occupy sf. it is important to build consensus. if there is a threat to public safety or public health, i do not been there is anyone involved today who feels that if there is something real we would be concerned about it. but i think the thrust of this resolution, as it is no written, balances of the issues we care about. we want to ensure the first amendment rights are protected. we want to make sure over one has the right to assemble.

we want to do this in a way that is safe and takes into concern public health issues that we know and are sensitive about. colleagues urge our support as well. supervisor campos: let me simply note again the need and requirement to step in when there is an eminent threat, a big threat to public safety. that is what is required. all smut, nothing that we say or do not say here takes away the very fact. we live in a time of limited resources. we have to make sure that as we move forward and how we handle the movement, that we are very

careful about how we use the limited resources we have. the fact is that we have neighborhoods throughout the city of san francisco that require and need attention, such as the plaza where occupy sf is. i hope the administration is very careful in how it deploys the resources we have, whether it is police or any other resource. i think it is important for us to make sure we are responsible in how those resources are utilized. we know public safety is a priority and should be a priority across the city, not just in one part of the city. the second point -- i think it is important to note the facts. cummins around the use of public

space -- those are important issues. in terms of history, there has been a precedent here in san francisco for a group that is peacefully assembling to protest something to be allowed to not only a simple, but to camp out. that is something that happened in 1985, and in 1995. we passed a resolution at the board of supervisors commemorating that important act. at the time, and number of san franciscans other in front of the federal building and were allowed to camp out. they were protesting the inaction of the federal government around the aids crisis. what is happening here at the embarcadero is not new to san francisco, even in terms of magnitude and scope.

but we are doing is meeting with them. the fact that the mayor himself is meeting with them is consistent with the traditions and francisco has of protecting the right to free speech and assembly. i think it is important for us to keep in mind that there has been a precedent for how to handle something like this. president chiu: is there any further discussion? supervisor farrell: i will keep my comments relatively short, but want to thank everyone involved on the board for being involved in this. i know supervisor avalos has been in the lead on this. i agree with almost everything he said. about a right to free speech, we need to do everything we can to protect it as a board. the inequities are real and hit san francisco very hard. we must allow people to demonstrate peacefully. we are all astonished about what

has happened in oakland. for me, it is almost to the point where we say we agree with allowing folks to camp out and spend the night there. i appreciate supervisor campos's comments about president, but i think it is a slippery slope to go down. what groups are we going to allow in tents? that is the reason i will not be supporting this resolution. but i want to say to the other supervisors who have been playing an active role, thank you for doing that on behalf of the board and the city. to the occupy members, we have your support of the movement -- we support your movement, although not all of us support camping overnight. supervisor weiner: i will be supporting the resolution. i understand the concerns about

permitting and camping. i know we have all struggled with that on one level or another. clearly, there are boundaries. but i think we have to have some degree of flexibility when we look at what occupy sf is doing, why people are doing this. it is one of the most extraordinary talent as we have faced in our country in i don't know how long, in a very long time. we talk about the possible evisceration of the middle class and the incredible inequities, and the paralysis in washington and sacramento that is free in our social safety net and ability to invest in infrastructure and create jobs, harming small businesses. it is an outrageous and unacceptable situation in our

country. sometimes, you have to push boundaries. we have a permanent system. we have rules. but there has to be flexibility as well. president chiu: colleagues, is there additional discussion? seeing none, why don't we take a roll-call vote on this as amended. supervisor farrell: no. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: no. supervisor cohen: aye. supervisor elsbernd: no. >> mr. president, we have eight ayes and three nos. president chiu: this resolution

is adopted. [applause] >> thank you, thank you. president chiu: why don't we move to our next item, item 31? >> irresolution supporting regulated and safe patient access to medical cannabis in the city and county of san francisco. president chiu: if i could ask folks to leave quietly, we would greatly appreciate that as we conduct our city business. supervisor campos: i would like to thank the co-sponsors of this resolution, supervisors mar, avalusos, president chiu, supervisors mirkarimi, kim, and weiner. we are asking the federal government to do what they said they would do and support local law giving patience access to

medication they need. -- patients access to medication they need. research has demonstrated therapeutic benefits to the use of cannabis. many in california have benefited from that. that is the reason in 1996 the voters in the state of california passed a law that allowed for the use of medical cannabis. here in san francisco, its use is very important to specific communities. i will speak for the lgbt community we have in san francisco, with a large number of hiv-positive individuals. many of those individuals are benefiting from medical cannabis. it is about human rights, a civil-rights issue. we are asking our federal government to respect state laws and the will of the voters, and to give access, properly

regulated, to medication. on the issue of proper regulation, i am for proper regulation. we have rules that were instituted a number of years ago. supervisor mirkarimi played a key role in making that happen. we have become a model for how to do this, how to regulate this industry, and that is the solution. this is about giving patients access to medication they need. supervisor mirkarimi: thank you for your leadership on this. we do get to recognize a certain distinction. our city was the first city in the united states that was able to provide for a complete land use, planning, and public health zoning guide to regulate medical cannabis the centuries. there are over 10 states in the

united states that have borrowed from what we have implemented. we were the first to provide the comprehensive plan for regulating medical cannabis. it is astonishing that the obama administration is moving with incredible for righteousness in shutting down dispensaries, or threatening dispensaries. i think the doj is making an incredible mistake. i think our city government should not shy away from the fact that the war on drugs in this country has been an abysmal failure. if it continues, especially given 16 states in the united states who have adopted prop. 215-type regulations, then what we are doing is retreating from a position that has been affirmed by the voters of

california multiple times, and affirmed by the people of san francisco. i support this resolution, which is symbolic. it articulates our support for something that has been on the books for approximately 16 years in the city and county of san francisco's. -- city and town of san francisco. i think this showdown could be avoided if they would reform the categorization of marijuana as a class one of violation, which has been a terrible mistake for a long time. president chiu: roll-call vote. supervisor farrell: no. supervisor kim: aye. supervisor mirkarimi: aye. supervisor mar: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: no.

supervisor cohen: aye. supervisor elsbernd: no. >> mr. president, we have eight ayes, and three nos. president chiu: why don't we go to roll call for introductions? supervisor farrell: submit. supervisor chu: i have submitted a number of items already. supervisor weiner: colleagues, today i am introducing legislation to strengthen and clarify our prevailing wage ordinance. we have the prevailing wage ordinance for city contracts to level the playing field among city contractors, and to have services provided by adequately

compensated personnel. it goes to various services, including motor bus services, janitorial services, of street parking, hauling solid waste, and moving services. earlier, there was a situation where we unanimously passed a resolution supporting the janitors. this legislation consolidates consistent standards for determining and enforcing prevailing wage requirements under certain types of city contracts. it provides an unemployment transition for workers, which are provided for some workers now, but not for all. it provides that all work on contracts are covered by the prevailing wage ordinance, performed by employees as opposed to independent

contractors. i look forward to a discussion of this important piece of legislation. the rest, i submit. supervisor mirkarimi: submit. president chiu: i have a number of items. i want to thank supervisor weiner for his work on prevailing wage a decision. i would like to add myself as a co-sponsor. there is a piece of legislation that i will be introducing. i want to thank supervisors can and wiener for your car sponsorship -- kim and weiner for your co-sponsorhip. we discussed this with the bar association. it will declare the first right to civil council city in the united states. this is a recognition by local government that we need to move toward a fairer and more just system. when president jimmy carter was

the president of our country, he stated that 90% of the attorneys in the country served 10% of all americans. put another way, only 10% of attorneys serve the remaining 90%. that statistic has gotten worse over the decades. there are 4.3 million civil court users in our state that are self represented. for family law, 90% of child support cases were filed by individuals representing themselves. when it comes to eviction defense in san francisco, the lawsuits filed by the housing authority has increased by 400%. domestic violence cases, 90% of litigants are pro se. if you are charged with a minor criminal offense, you have a right to legal counsel, but if you are a parent in a custody case, a tenant in danger of

eviction, or involved in domestic violence, you have no right to counsel. the bar association of san francisco calls for a judicial system that will provide representation in civil proceedings that involved a child care, safety, or health. this legislation would not immediately establish a right to counsel, but would codify the beginning of a commitment to the school on behalf of our city. this is a combination of the pilot program that would be a partnership between the city, the court system, and the private legal community. the cost would be going on a pro bono basis by the private legal community. for decades, lawyers have debated whether we should move forward with a right to counsel system. i believe our city is at our best when we stand up for shared progressive values like universal health care, marriage equality, and i hope the right

forcible council. this moves us forward on the pledge of allegiance, that we are a country with liberty and justice for all. i have another item i will be submitting. several months ago, i requested our budget analyst to perform a review of changes to contract orders for large construction and professional service contracts. i think we have all heard overtime the phenomenon known as contract creek. when contractors come back to the city to ask for additional change orders -- i have never known until this report to what extent contract crete was occurring. but harvey rose found out is over the past five years we have had $300 million of additional increases to our contract beyond what we approved as a board. half of the contracts involved had change orders. the average increase was close

to 10%. however, the average change order for contracts between $5,000,000.9999999 dollars was almost 20%. currently, only contracts above -- between 500 -- between $5,000 and $10,000 was almost 20%. currently, only contract about half a million dollars -- currently, only contracts between $5 million and $10 million -- however, the average change order for contracts between $5 million and $10

million was almost 20%. currently, only contracts over $10 million have oversight by the board. we need to insure this information is provided to the public in a transparent way. over time, i see this proposal as part of a vision for opel and -- open and accountable government. the rest, i will submit. supervisor campos: mr. clark, i have a couple of items. -- mr. clarke -- mr. clerk, i have a couple of items. the first is to consider the impact of changing rates to cover cost of service. this is an issue that needs to be addressed. it impacts the operations of the public utilities commission.

we have a situation where the puc is subsidizing the rates of many general fund departments. at some point, that money will run out. it is important that we as a city address that situation. i am asking this matter be referred to the budget and finance committee. lastly, i want to make a note. as we know, it was halloween yesterday. i think most of us throughout the city had a peaceful celebration and enjoyed ourselves. but the ability to do that is made possible by people who serve the city. we have a tragic accident in my district, where we have three police officers who were responding to very serious service call in the mission. those three officers were involved in a very serious car accident, where there was a loss of control of the car. for those who have seen the

vehicle, i think, from what i understand, it is fair to say it is a miracle that all three officers survived. one of those officers had been released. another is at sf general under observation. another officer is right now at the intensive care unit. as the supervisor for district 9, that includes the mission, where this incident happened. i want to think this opportunity -- take this opportunity to thank the officers. i have an opportunity to visit with the families. our thoughts and prayers go out to them. we are reminded of how fragile life can be. we want to thank the members of the san francisco police department for the service they provide to the city and county of san francisco. the rest, i submit. supervisor weiner: i forgot to

mention something before. in the spirit of halloween, last night, halloween in the castro, which as you recall spiraled out of control, culminating in several years of stabbings and shootings, a real nightmare for the neighborhood -- under the leadership of my predecessor, supervisor dufty, dramatic steps were taken that helped address that situation. halloween has slowly been coming back in an organic and neighborhood-oriented way. in the castro last night, it was a festive and costume-oriented environment. i want to thank the city workers who, for the last several years, have made this possible -- the men and women of the police department, sheriff's department, parking and traffic,

public works, adult probation, juvenile probation -- it has been a team effort. it is impressive to me as we go through the meetings how knowledgeable and committed these folks are. i think of for their work in making last night a success. -- i thank them for their work in making last night a success. president chiu: at this time, it is 3:30. i know we have a couple of 3:30 commendations. i acknowledge supervisor kim. supervisor kim: we have had a loss of several community members, the past couple of months. i want to request, and in memoriam for another today. today's board meeting wraps in the celebration of the life of kim quindan