residents who do not have to fear being denied services, being denied access to housing, being given the support of law enforcement to make their neighborhoods safer. and it's a reciprocal relationship, so that in cities like san francisco, that have sanctuary city, we recognize that for our citis to run effectively, for there to be a place where we can advance the interests of our resides, as much as possible, that we need to have relationships with the immigrants who are living with us. one of the key relationships is the relationship between law enforcement and the immigrant community and our sanctuary city policy is really most effective when we actually have the clear separation between local law enforcement, and federal immigration enforcement. local law enforcement is criminal and justice enforcement and immigration enforcement is civil

enforcement and that is exactly what our sanctuary city policy has done over the years. last year was a really challenging moment, last summer, for sanctuary city policy. we have seen the tenor of the presidential campaign has been one of demagogery and preyed on people's prejudices, from people's concerns about muslim from other countries and people's concerns about other people from other countries in general. and because of the tragic event that happened last year, those prejudices came to impact our standing together united to support sanctuary city policy. but here today we have an update to our policy that we

get to vote on to ensure that as a city, we can unite all together on what the standard is going to be for upholding our sanctuary city policy and ensuring that all residents regardless of whether you are a immigrant, a resident, a citizen will be ensured due process in our justice system and will not be turned over without it this. is critical in san francisco when we have seen especially with the police department's recent officer-involved shootings that have communities of color reeling, believing that there is no trust to have with the police department. because what they see, what resembles police officers using their guns without offering -- providing due process. and without due process, they could resemble summary executions. we want to make sure, as much as possible that we don't have any lack of due process for people who could be

turned over to i.c.e.. so i want to thank sheriff hennessey for her work helping us ensure we have due process through our justice system and our sheriff's department and linking to the police department and our courts here in san francisco. so more than anything, this ordinance before us is updating our sanctuary city political and due process for all ordinance to meet changes that have been made in federal immigration enforcement. up to last year the main enforcement through i.c.e. was changed to the -- providing letters that asked local law enforcement agencies and sheriff's department with a voluntary request to hold people past their release date up to 48 hours for ice to pick up and

the new program is to notify i.c.e. when a person is to be released there custody. for the immigrant community it's the same outcome, that people could be turned over to i.c.e. and to be closing a loophole. this also removes obsolete outdated language from the original sanctuary city ordinance. it was language that was amended in 1993. and that language is no longer necessary, but what that language did is lower the bar completely for how local law enforcement could coordinate with i.c.e. and removing that language to have the most recent update that we have before us today. so this i will read into the record i have the amendment as a whole that discusses

what the new policies will be. and we moved a great distance in 2013 had one single exception to when a person could be detained. and that was for someone who had a violent felony conviction in the last 7 years immediately prior to the date of notification or request. so that language is continuing in the new version. we have new language that we have received from the sheriff that we're including as well. that actually broadens what the exception is going to be violent felony within five years immediately prior to notification or detention request. and then we have a third exception that we have put in as well. from the sheriff, and so we have come a long way to accept these amendments. and the third one is that

individual has been convicted of three felonies, identified as felonis that would contribute -- that would lead to imprisonment in state's penitentiary and reference the penal code. so three felonies subject to trust act exception for notification or detention, that would arise out of three separate incidents in the five-years and really prior to the date of notification. so those are the new carve-outs that we have. and i want to make sure that you are aware of those. they are on page 13 of our legislation. the other language that we have added that the sheriff has accepted is language that ensures that we're not merely notifying people who are merely booked on a felony,

but people for whom a magistrate has determined that there is probable cause to believe the individual is guilty of a felony under the trust act guidelines. so having a magistrate to show that there is due process, that there is probable cause, provides that due process that is the foundation of our judicial system. and so i want to make sure you are aware of these changes and how we have been able to unite with the sheriff. other new language we have is just to provide a reporting requirement that happens once a year. that will be provided to the board of supervisors. >> semi-annually. >> what is significant about this legislation that we are united on it, the board of supervisors we vote unanimously with that will be aligned with the sheriff and aligned with the mayor and aligned with the immigrant

rights community that has helped to work on these amendments and there is no better place to be in. we're going to actually uphold our sanctuary city policy and protect it from wavering under policy pressure. so colleagues i want to urge your support and i want to thank you for your patience today and most of all i want to thank the sheriff for her work with our office, and the sheriff has any words you might want to add to come and share them with us? thank you. >> so before the sheriff speaks, supervisor avalos, are you making these proposed amendments to your legislation? >> yes, it's an amendment of the whole i'm doing and yes, these are the proposed amendments with the support of the sheriff i'm motioning to be accepted. >> supervisor avalos has made a motion to amend andate circulated and seconded by supervisor.

can we take those without exception? those amendments pass. welcome, sheriff to the amendment. >> thank you, supervisor. i think we all agree that the immigration cries for the reform and i.c.e. targets residents and low-level offenders and also agree what is needed is comprehensive immigration reform is that recognizes that united states is home to immigrants. i stood here before you today to talk about this issue and talked tot people i have listened to and those who don't agree on blanket no-notification policy and those concerned that notification will undermine the safety of their community and families. i always looked for a case-by-case review and what i have now is that case-by-case review. i want to thank you, and our recent discussions we have constructed parameters within which that will occur.

this is a longer, rigorous process and talked with many people and particularly my thanks to supervisor avalos and supervisor peskin and others. we learned a lot going through the process and to serve public safety, family unity and bring our communities together and that is what i'm hoping for. thank you so much. >> thank you, sheriff. supervisor peskin. >> thank you, madam president. i just wanted to thank our sheriff, and supervisor avalos for working thoughtfully and deliberatively together to, i think, honor the city's longstanding tradition of sanctuary city and making sure that the city is safe. i just want to thank sheriff hennessey and supervisor avalos for such a collabativeprocess. >> thank you, supervisor

peskin. supervisor campos. >> thank you, madam president and thank for the comments. this is a difficult issue for so many different reasons, but to me, the fact that we have this agreement and i want to thank supervisor avalos and sheriff hennessey, it's a testament of how san francisco continues to lead, not only the state, but the country on these issues. i especially want to acknowledge the work of sheriff hennessey. we haven't always seen eye-to-eye on this issue and i want to thank you for taking the time to understand the concerns of this community. and i think it's something that shows that not withstanding what is happening at the national-level, we in san francisco have been very

diligent in making sure that we focus on the substance of what we're trying to do, which is trying to strike the right balance between public safety and the rights of immigrants. the thing about sanctuary is that the point of it often gets lost, which it's really about maximizing public safety and i'll have to say to supervisor avalos and the coalition, thank you for putting the time and energy into it. this is not an easy subject-matter, and you have to roll up your sleeves and i know you have been doing this for a very long time. and i'm just very proud as a san franciscan, as an immigrant myself. it's great to see this outcome. i think it's who we are as a city, and as a country. thank you. >> thank you, supervisor campos. supervisor cohen. >> thank you very much. colleagues i'm not going to

repeat everything that i have said in the past, last time we discussed this issue. i think i have made my position clear. i do want to take a moment and acknowledge supervisor avalos for spear heading the ordinance before us today and to thank our sheriff, sheriff hennessey for taking time to explain to myself, and the community members, her perspective on this issue. i believe that supervisor avalos and the sheriff have been working collaboratively, to come to a uniform policy and i think there was quite a gap between the two of you, would you agree? quite a gap between the two of you. and so i just want to compliment the leader of being able to divorceyourself from the emotion, because sometimes the emotions can really cloud our ability to negotiate a position. i believe what you have presented here today i am

prepared to support and i believe that supervisor avalos you have negotiated in earnest and in good faith and that the sheriff has been open to receive the concerns that many of us represent, the concerns of the constituents that we represent. and i think it's important that we acknowledge that we can't continue to allow a flawed federal policies and hateful rhetoric from outside of the city to dominate and drive our local policies. and we're living in an interesting time, where there is just so much fear, and people are making decisions based out of fear. if residents don't feel safe to go to the police, because they have a fear of being deported by i.c.e., if people are fearful of reporting crime or fearful of

intimidation or physical retaliation, they are not going report crimes. a lot of challenges happening in the immigrant community mirror what is happening in the community with this level of fear and distrust. we need to collectively roll up our sleeves to create policies that are supportive of tranceparency, and accountability. so supervisor avalos, i understand there will be some outstanding requests, and i believe that we have amended the ordinance proposed by you today to meet our shared goals of protecting public safety and most importantly upholding our values as a sanctuary city. thank you. >> thank you, supervisor cohen. supervisor yee. >> thank you, president breed. i would just also want to join the chorus and thanking all parties involved in this negotiation. i think over a month ago when i was able to meet with

advocates and also meet with sheriff hennessey separately, i encouraged everybody involved to continue talking. because even though there is language that people are using might be seen as real far away, i just think the individuals involved weren't that far away philosophically in what they wanted and it was just a matter of having enough time to listen to each other and understand their perspectives and hammering out the common language that we can all live with, and not just live with. i think it's more to say to everybody else outside of san francisco, that we're all together in this philosophy that we have, and support. so once again, i want to thank the advocates, supervisor avalos, and sheriff hennessey, for

willingness to work together. i think if nothing else, it just goes to show you, when we listen to each other and try to understand each other, we can actually come up with consensus. >> thank you, supervisor yee. supervisor wiener. >> thank you very much, madam president. i just wanted to reiterate my gratitude both to the sheriff and to supervisor avalos for working really hard to find common ground here. when this first -- when this dispute first started and the legislation was introduced and sitting down with the advocates and looking at the charts and comparing where the sheriff was and where the legislation was, it just screamed out to me as needing a resolution. the two were never that far apart and it really showed that i think everyone comes from a really good place here, that we want to protect our immigrant communities

and we want to protect public safety, and we can do both, and do both graciously and i think we have done that here today and so congratulations to everyone. thank you, supervisor wiener. supervisor mar. >> thank you. i wanted to acknowledge the work of the immigrants rights organizations for defending our city's sanctuary city ordinance and working with supervisor avalos and others to prevent any weakening of the principles and the concepts. i did wanted to say i wish we were not printing more exceptions, but i acknowledge that supervisor avalos and the coalition have worked in good-faith with sheriff hennessey as she said to protect public safety, but also to ensure that familis are not ripped apart by i.c.e., pep, whatever they call it, and that sheriff hennessey will work with the immigrants rights coalition

and thank you for humanizing stories of being turned over to i.c.e. for just reporting a stolen car. but i think it's really important that we just not look at the policies, but the human fear in immigrant communities and if we're creating more community-based involvement, to really keep moving this forward and to thank the coalition for standing strong and working with supervisor avalos's office for this comprise compromise and that we have defended our policies and because of the strength of the i immigrant communities. >> thank you, supervisor mar. >> supervisor. >> thank you again for the

work we have done together with sheriff hennessey. i just want to mention my work with the free sf and different communities and coalitions that have come together to support this legislation. i really value the relationships and i hope the relationship is one that can continue and can build with the sheriff as well. because i think that relationship with free sf and the sheriff is going to be important to make sure that we're sharing information, and understanding each other and our points of view. that is important for the relationships that are necessary for sanctuary city. i do want to apologize for losing my cool at times. [laughter ] because i did. and i am really sorry for that. there was -- it is not easy to -- it hasn't been easy to work on this legislation, because i know it's such high aspirations for what we want, and going through this process. we don't always get what we

want and it's been really hard to be in between. i do appreciate the relationship. i most of all want to thank sida huisan for your work and came to the community forum. we needed more of you and there and i'm sorry that was the case. i do want to thank my legislative aide, jeremy pollack who has been seriously multi-tasking and thank you for your work. colleagues, let's vote on this. >> thank you. and just quickly, congratulations, supervisor avalos and sheriff hennessey. i really appreciate you both working together to come to a great outcome, which is a win-win for our great city. thank you both for your hard work on this. with that, colleagues, let's take a roll-call vote on the item no. 9 as amended. madam clerk. >> supervisor wiener.

>> aye. >> wiener aye. >> supervisor yee. >> aye. >> ee or yee aye. >> supervisor avalos aye. >> supervisor breed aye. >> supervisor farrell? >> supervisor kim aye. >> supervisor kim? supervisor kimm. >> aye. >> the ordinance is passed unanimously on first reading. [ applause ] madam clerk, thank you. can you please go to the items for adoption without reference to committee. >> items 33 through 43 are being considered for immediate adoption without committee reference. a single roll-call vote may enact these items. a member may object or server an item and have it considered separately. >> supervisor [p-efrbg/]in. >> item 4 6r7/ vi, please.

seeing no other names on the roster, madam clerk k remaining items roll call. >> srs wiener. >> aye. >> supervisor yee. >> aye. >> supervisor avalos. >> aye. >> supervisor breed. >> aye. >> supervisor campos? >> aye. >> supervisor cohen. >> a ea. >> supervisor farr. >> aye. >> supervisor kim? >> aye. >> supervisor mar? >> aye. >> supervisor peskin. >> aye. >> supervisor tang? >> aye. >> there are eleven ayes. >> those items are approved unanimously. [ gavel ] . madam clerk please call item 43. >> item 4 6r7/ vi is motion calling from the land use and transportation committee, the proposed ordinance amending the general plan to make conforming changes in association with legislation creating the affordable housing bonus program. >> supervisor peskin. >> thank you, madam president, i put this on the calendar due to a

misunderstanding that the item was not going to be calendared in committee, and failed to speak to the sponsor, supervisor tang, for which i apologize and i would like to make a motion to table this matter. >> supervisor peskin has made a motion to table, seconded by supervisor tang, colleagues can where we make the motion to table without objection? without objection, the motion to table passes unanimously. [ gavel ] >> all right, madam clerk, looks like we have a closed session item. >> yes, madam precioussing pending approval of item 42 which has just occurred, the board of supervisors has agreed to convene in closed session today, may 24th with the mayor's office and the department of human resources under administrative code section 67.10e and government code section section 5497.6 regarding negotiations with labor unions representing city employees. >> before we move in our

closed session, supervisor avalos is it my understanding that you have an imperative item? >> i do not. >> okay, so nobody has an imperative item? good, great. with that, colleagues, is there a motion to go into closed session? >> moved by supervisor yee and seconded by supervisor mar. colleagues can we take that without objection? i would like to open up before we go into closed session, for public comment on the closed session specifically. >> tom gilbertee, this was such an interesting and robust session at the board of supervisors, i thought small business week was wonderful. i hate to see this session be closed. thank you. >> thank you, mr. gilbertee. we apologize for that, but we must conduct business on occasion in closed session. thank you. >> what is the reason why