# Board of Supervisors Minutes: September 27, 2011

- Meeting date: 2011-09-27
- Document type: minutes
- Source format: PDF
- Extracted pages: 30
- [Canonical HTML transcript](https://sfbos.info/documents/2113/2011-09-27-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m092711.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 111044: Closed Session - Anticipated Litigation - Public Financing Law

- Pages: 15-16
- Sponsors: Kim
- Vote 1: approval, likely final
  - Action: 111044 [Closed Session - Anticipated Litigation - Public Financing Law] Sponsor: Kim Motion that the Board of Supervisors convene in closed session on September 27, 2011, to consult with Legal Counsel for the purpose of conferring with, or receiving advice from, Legal Counsel regarding anticipated litigation involving the City's public financing law (Campaign and Governmental Conduct Code Section 1.144) in light of Arizona Free Enterprise Club's Freedom PAC et al. v. Bennett, U.S. Supreme Court Case No. 10-238. Government Code Section 54956.9(b) and San Francisco Administrative Code Section 67.10(d)(2) permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the anticipated litigation. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. Motion No. M11-143 Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be APPROVED. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener
- Vote 2: other
  - Action: VENED IN CLOSED SESSION The Board recessed at the hour of 4:20 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Persons in attendance: Mark Morodomi (Supervising Attorney, City of Oakland), Acting Special Counsel John St. Croix, Director of the Ethics Commission Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Matter was heard in Closed Session and Filed. RECONVENING OF THE BOARD The Board at the hour of 5:30 p.m. reconvened. The following Supervisors were noted present: Supervisors Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 818 Printed at 4:08 pm on 11/1/11 Board of Supervisors Meeting Minutes 9/27/2011 [Elect Not to Disclose] Motion that the Board finds that it is in the best interests of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Campos, moved not disclose its Closed Session deliberations. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

### File 110718: Campaign and Governmental Conduct Code - Capping the Amount of Public Matching Funds

- Pages: 16
- Sponsors: Farrell; Elsbernd
- Vote 1: first-reading
  - Action: 110718 [Campaign and Governmental Conduct Code - Capping the Amount of Public Matching Funds] Sponsors: Farrell; Elsbernd Ordinance amending the San Francisco Campaign and Governmental Conduct Code Section 1.144 to cap the amount of public matching funds. Privilege of the floor was granted to Mark Morodomi (Supervising Attorney, City of Oakland), Acting Special Counsel, and John St. Croix, Director of the Ethics Commission, who responded to questions raised throughout the discussion. NOT PASSED ON FIRST READING by the following vote:
  - Ayes: Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener
  - Noes: Avalos, Kim, Mar
  - Absent: Mirkarimi
- Vote 2: rescission
  - Action: Supervisor Elsbernd, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Absent: Mirkarimi
- Vote 3: first-reading
  - Action: Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to October 4, 2011. The motion carried by the following vote:
  - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
  - Absent: Mirkarimi

### File 111035: Grant Application - 2011 United States Department of Housing and Urban Development Continuum of Care Programs

- Pages: 16-17
- Sponsors: Mayor

## Extracted text

### [Page 16](https://sfbos.info/documents/2113/2011-09-27-minutes#page-16)

Board of Supervisors Meeting Minutes 9/27/2011

 [Elect Not to Disclose]
 Motion that the Board finds that it is in the best interests of the public that the Board elect at this time
 not to disclose its closed session deliberations.
 Supervisor Farrell, seconded by Supervisor Campos, moved not disclose its Closed Session
 deliberations. The motion carried by the following vote:
 Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

From the Rules Committee Without Recommendation
 Supervisor Mirkarimi was noted absent at 5:35 p.m. for the remainder of the meeting.

110718 [Campaign and Governmental Conduct Code - Capping the Amount of Public
 Matching Funds]
 Sponsors: Farrell; Elsbernd
 Ordinance amending the San Francisco Campaign and Governmental Conduct Code Section
 1.144 to cap the amount of public matching funds.
 Privilege of the floor was granted to Mark Morodomi (Supervising Attorney, City of Oakland), Acting
 Special Counsel, and John St. Croix, Director of the Ethics Commission, who responded to
 questions raised throughout the discussion.

 NOT PASSED ON FIRST READING by the following vote:
 Ayes: 7 - Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener
 Noes: 3 - Avalos, Kim, Mar
 Absent: 1 - Mirkarimi

 Supervisor Elsbernd, seconded by Supervisor Campos, moved to rescind the previous vote. The
 motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
 Absent: 1 - Mirkarimi
 Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED
 ON FIRST READING to October 4, 2011. The motion carried by the following vote:
 Ayes: 10 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Wiener
 Absent: 1 - Mirkarimi

FOR ADOPTION WITHOUT COMMITTEE REFERENCE

111035 [Grant Application - 2011 United States Department of Housing and Urban
 Development Continuum of Care Programs]
 Sponsor: Mayor
 Resolution approving the City and County of San Francisco 2011 grant application for the United
 States Department of Housing and Urban Development Continuum of Care Programs and fulfilling
 the San Francisco Board of Supervisors review and approval process for all annual or otherwise
 recurring grants of $5,000,000 or more.
 Resolution No. 396-11
 ADOPTED

City and County of San Francisco Page 819 Printed at 4:08 pm on 11/1/11