# Board of Supervisors Minutes: February 28, 2012 - Meeting date: 2012-02-28 - Document type: minutes - Source format: PDF - Extracted pages: 23 - [Canonical HTML transcript](https://sfbos.info/documents/12/2012-02-28-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=186431&GUID=916FCA51-44DA-4FBB-8C7D-9EC2631BD3C5) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 120127: Approving the 34th America’s Cup Project and Related Transactions - Pages: 9-10 - Sponsors: Mayor - Vote 1: continuance - Action: 120127 [Approving the 34th America’s Cup Project and Related Transactions] Sponsor: Mayor Resolution adopting California Environmental Quality Act Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (MMRP) for the 34th America’s Cup events and approving the America’s Cup project; waiving certain termination rights by the City under the 34th America’s Cup Host and Venue Agreement (Host Agreement); approving the Development and Disposition Agreement between the City, through its Port Commission, and the America’s Cup Event Authority, LLC (Event Authority), which also amends the Host Agreement; approving a Memorandum of Agreement regarding the City’s and the Event Authority’s respective obligations for certain mitigation measures in the MMRP and other project-related activities; and authorizing further actions and ratifying prior actions consistent with the terms of this Resolution. (Fiscal Impact) (Supervisor Avalos dissented in Committee) Supervisor Chu, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to March 20, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 2: rescission - Action: Supervisor Chu, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 3: continuance - Action: Supervisor Chu, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to March 27, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120128: Resolution of Intention to Form Waterfront Infrastructure Financing District - Pages: 10 - Sponsors: Mayor; Chiu - Vote 1: continuance - Action: 120128 [Resolution of Intention to Form Waterfront Infrastructure Financing District] Sponsors: Mayor; Chiu Resolution of Intention to establish Infrastructure Financing District No. 2 for the City and County of San Francisco at the Port of San Francisco. Supervisor Chu, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to March 20, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 2: rescission - Action: Supervisor Chu, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 3: continuance - Action: Supervisor Chu, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to March 27, 2012. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 111082: Campaign and Governmental Conduct and Municipal Elections Codes - Amending Public Financing Program - Pages: 10-11 - Sponsors: Kim; Campos, Mar and Avalos - Vote 1: amendment - Action: 111082 [Campaign and Governmental Conduct and Municipal Elections Codes - Amending Public Financing Program] Sponsors: Kim; Campos, Mar and Avalos Ordinance amending the Campaign and Governmental Conduct Code and the Municipal Elections Code to modify expenditure ceilings for the City's public financing program, to delay the date on which public funds may be disbursed, to change the qualification requirements for participating candidates, and to advance the date by which all local candidates must file their nomination papers. Supervisor Chu moved to divide the question relating to 'fiscal year starting balance' located on Page 3, Lines 3-5, and Page 4, Lines 2-8. The divided question PASSED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener - Noes: Chu, Elsbernd, Farrell - Vote 2: amendment - Action: Supervisor Wiener, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener - Vote 3: amendment - Action: Ordinance amending the Campaign and Governmental Conduct Code and the Municipal Elections Code to modify funding of the City's public financing program, to increase expenditure ceilings for supervisorial candidates, to delay the date on which public funds may be disbursed, to change the qualification requirements for participating candidates, and to advance the date by which all local candidates must file their nomination papers. Supervisor Kim, seconded by Supervisor Wiener, moved that this Ordinance be RE-REFERRED AS AMENDED to the Rules Committee. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120020: Initiative Ordinance - Campaign & Governmental Conduct, Municipal Elections Codes - Improving Public Financing of Elections - Pages: 11 - Sponsors: Campos; Avalos and Kim - Vote 1: amendment - Action: 120020 [Initiative Ordinance - Campaign & Governmental Conduct, Municipal Elections Codes - Improving Public Financing of Elections] Sponsors: Campos; Avalos and Kim Motion ordering submitted to the voters an ordinance authorizing the amendment of the Campaign and Governmental Conduct Code and Municipal Elections Code to adjust expenditure ceilings in the public financing program in response to the U.S. Supreme Court ruling in Arizona Free Enterprise v. Bennett, adjust public financing deadlines and thresholds, and advance candidate filing deadlines, at an election to be held on June 5, 2012. Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be RE-REFERRED to the Rules Committee. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Olague, Wiener - Noes: Chu, Elsbernd ### File 120077: Settlement of Claim - Carl Brogger - Not to Exceed $240,000 - Pages: 11 - Vote 1: adoption, likely final - Action: 120077 [Settlement of Claim - Carl Brogger - Not to Exceed $240,000] Resolution approving proposed settlement of claim by Carl Brogger against the City and County of San Francisco for an amount not to exceed $240,000; the claim was filed on January 20, 2012, bearing Claim No. 12-01603. (City Attorney) Resolution No. 062-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ### File 120078: Settlement of Claim - Marco Fontana - Not to Exceed $60,000 - Pages: 11 - Vote 1: adoption, likely final - Action: 120078 [Settlement of Claim - Marco Fontana - Not to Exceed $60,000] Resolution approving proposed settlement of claim by Marco Fontana against the City and County of San Francisco for an amount not to exceed $60,000; the claim was filed on December 2, 2011, bearing Claim No. 12-01249. (City Attorney) Resolution No. 061-12 ADOPTED by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener ## Extracted text ### [Page 10](https://sfbos.info/documents/12/2012-02-28-minutes#page-10) Board of Supervisors Meeting Minutes 2/28/2012 120128 [Resolution of Intention to Form Waterfront Infrastructure Financing District] Sponsors: Mayor; Chiu Resolution of Intention to establish Infrastructure Financing District No. 2 for the City and County of San Francisco at the Port of San Francisco. Supervisor Chu, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED to March 20, 2012. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Chu, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Supervisor Chu, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to March 27, 2012. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener COMMITTEE REPORTS Recommendations of the Rules Committee 111082 [Campaign and Governmental Conduct and Municipal Elections Codes - Amending Public Financing Program] Sponsors: Kim; Campos, Mar and Avalos Ordinance amending the Campaign and Governmental Conduct Code and the Municipal Elections Code to modify expenditure ceilings for the City's public financing program, to delay the date on which public funds may be disbursed, to change the qualification requirements for participating candidates, and to advance the date by which all local candidates must file their nomination papers. Supervisor Chu moved to divide the question relating to 'fiscal year starting balance' located on Page 3, Lines 3-5, and Page 4, Lines 2-8. The divided question PASSED by the following vote: Ayes: 8 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Olague, Wiener Noes: 3 - Chu, Elsbernd, Farrell Supervisor Wiener, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener Ordinance amending the Campaign and Governmental Conduct Code and the Municipal Elections Code to modify funding of the City's public financing program, to increase expenditure ceilings for supervisorial candidates, to delay the date on which public funds may be disbursed, to change the qualification requirements for participating candidates, and to advance the date by which all local candidates must file their nomination papers. Supervisor Kim, seconded by Supervisor Wiener, moved that this Ordinance be RE-REFERRED AS AMENDED to the Rules Committee. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener City and County of San Francisco Page 119 Printed at 4:02 pm on 4/20/12 ### [Page 11](https://sfbos.info/documents/12/2012-02-28-minutes#page-11) Board of Supervisors Meeting Minutes 2/28/2012 120020 [Initiative Ordinance - Campaign & Governmental Conduct, Municipal Elections Codes - Improving Public Financing of Elections] Sponsors: Campos; Avalos and Kim Motion ordering submitted to the voters an ordinance authorizing the amendment of the Campaign and Governmental Conduct Code and Municipal Elections Code to adjust expenditure ceilings in the public financing program in response to the U.S. Supreme Court ruling in Arizona Free Enterprise v. Bennett, adjust public financing deadlines and thresholds, and advance candidate filing deadlines, at an election to be held on June 5, 2012. Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be RE-REFERRED to the Rules Committee. The motion carried by the following vote: Ayes: 9 - Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Olague, Wiener Noes: 2 - Chu, Elsbernd 120077 [Settlement of Claim - Carl Brogger - Not to Exceed $240,000] Resolution approving proposed settlement of claim by Carl Brogger against the City and County of San Francisco for an amount not to exceed $240,000; the claim was filed on January 20, 2012, bearing Claim No. 12-01603. (City Attorney) Resolution No. 062-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener 120078 [Settlement of Claim - Marco Fontana - Not to Exceed $60,000] Resolution approving proposed settlement of claim by Marco Fontana against the City and County of San Francisco for an amount not to exceed $60,000; the claim was filed on December 2, 2011, bearing Claim No. 12-01249. (City Attorney) Resolution No. 061-12 ADOPTED by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Olague, Wiener SPECIAL ORDER 3:30 P.M. - Recognition of Commendations There were none. ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 120 Printed at 4:02 pm on 4/20/12