# Board of Supervisors Minutes: November 7, 2023

- Meeting date: 2023-11-07
- Document type: minutes
- Source format: PDF
- Extracted pages: 26
- [Canonical HTML transcript](https://sfbos.info/documents/958/2023-11-07-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=1134163&GUID=1ACBE090-FC0C-43C3-B567-D060CD8481B1)

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

## Structured legislative records

### File 231025: Emergency Declaration - Winter Storm Debris Removal - Estimated Cost of Repairs Not to Exceed $2,100,000

- Pages: 11-12
- Sponsors: Mayor; Engardio
- Vote 1: adoption, likely final
  - Action: 231025 [Emergency Declaration - Winter Storm Debris Removal - Estimated Cost of Repairs Not to Exceed $2,100,000] Sponsors: Mayor; Engardio Resolution approving the Recreation and Park Department General Manager’s declaration of emergency under Administrative Code, Section 6.60, for winter storm clean-up at Sigmund Stern Grove and other Recreation and Park facilities, with an estimated not to exceed cost of $2,100,000. (Recreation and Park Department) (Fiscal Impact) Resolution No. 536-23 ADOPTED by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
  - Excused: Melgar, Ronen

### File 231026: Contract Amendment - Five Keys Schools and Programs - 685 Ellis Semi-Congregate Shelter - Not to Exceed $27,296,994

- Pages: 12
- Sponsors: Mayor; Preston
- Vote 1: adoption, likely final
  - Action: 231026 [Contract Amendment - Five Keys Schools and Programs - 685 Ellis Semi-Congregate Shelter - Not to Exceed $27,296,994] Sponsors: Mayor; Preston Resolution approving the first amendment to the contract between Five Keys Schools and Programs and the Department of Homelessness and Supportive Housing (“HSH”) for supportive services and property management at the 685 Ellis semi-congregate shelter; extending the contract term by 31 months from November 30, 2023, for a total term of December 15, 2022, through June 30, 2026; increasing the contract amount by $19,365,652 for a total amount not to exceed $27,296,994; and authorizing HSH to enter into any additions, amendments, or other modifications to the contract that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City and are necessary to effectuate the purposes of the contract or this Resolution. (Department of Homelessness and Supportive Housing) (Fiscal Impact) Supervisor Preston requested to be added as a co-sponsor. Resolution No. 527-23 ADOPTED by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
  - Excused: Melgar, Ronen

### File 230866: Health Code - Regulating Medical Specimen Test Collection Sites

- Pages: 12-13
- Sponsors: Preston; Ronen and Dorsey
- Vote 1: first-reading
  - Action: 230866 [Health Code - Regulating Medical Specimen Test Collection Sites] Sponsors: Preston; Ronen and Dorsey Ordinance amending the Health Code to require that sites that collect medical specimens on behalf of clinical laboratories partner with either a governmental entity, a licensed health care provider located in the City, or an educational or academic institution, establish hygiene, sanitation, and privacy standards, and adhere to the Health Insurance Portability and Accountability Act; and providing that a violation of the specimen collection standards is a public health nuisance subject to an administrative penalty that may be imposed by the Department of Public Health. Supervisor Dorsey requested to be added as a co-sponsor. Supervisor Preston requested this Ordinance be DUPLICATED ON FIRST READING. See duplicated File No. 231158. PASSED ON FIRST READING by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
  - Excused: Melgar, Ronen

### File 231158: Health Code - Regulating Medical Specimen Test Collection Sites

- Pages: 13-14
- Sponsors: Preston; Ronen and Dorsey
- Vote 1: continuance
  - Action: llection Site perform Tests on behalf of the entity. The ordering prescriber’s standing order, required by subsection (f), shall not constitute sufficient evidence of a partnership. (j) Covered Operators shall not offer or pay Examinees any remuneration, including anything of value, directly or indirectly, overtly or covertly, in cash or in kind, to induce, or in exchange for, the Examinee using a Test offered by the Covered Operator. The prohibition on remuneration shall not apply to clinical testing performed pursuant to an institutional review board-approved research study or with the approval of the Department.’; on Page 7, Line 25, through Page 8, Line 5, by adding ‘SEC. 4905. VIOLATION A MISDEMEANOR. Any person who violates Section 4903 is guilty of a misdemeanor. Any person convicted of a misdemeanor hereunder is punishable by a fine of not more than $500 or by imprisonment for a period of not more than six months, or by both. A person who violates the provisions of Section 4903 is guilty of a separate offense for each day, or portion thereof, during which the violation continues.’; and making other clarifying and conforming changes. The motion carried by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
  - Excused: Melgar, Ronen
- Vote 2: amendment
  - Action: Ordinance amending the Health Code to require that sites that collect medical specimens on behalf of clinical laboratories partner with either a governmental entity, a licensed health care provider located in the City, or an educational or academic institution, establish hygiene, sanitation, and privacy standards, and adhere to the Health Insurance Portability and Accountability Act; prohibiting such sites from paying individuals to take a medical test; and providing that a violation of the specimen collection standards is a misdemeanor offense and a public health nuisance subject to an administrative penalty that may be imposed by the Department of Public Health. Supervisor Preston, seconded by Supervisor Walton, moved that this Ordinance be RE-REFERRED AS AMENDED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
  - Excused: Melgar, Ronen

## Extracted text

### [Page 12](https://sfbos.info/documents/958/2023-11-07-minutes#page-12)

Board of Supervisors                               Meeting Minutes                                                11/7/2023




Recommendation of the Homelessness and Behavioral Health Select Committee


231026 [Contract Amendment - Five Keys Schools and Programs - 685 Ellis
       Semi-Congregate Shelter - Not to Exceed $27,296,994]
            Sponsors: Mayor; Preston
            Resolution approving the first amendment to the contract between Five Keys Schools and Programs
            and the Department of Homelessness and Supportive Housing (“HSH”) for supportive services and
            property management at the 685 Ellis semi-congregate shelter; extending the contract term by 31
            months from November 30, 2023, for a total term of December 15, 2022, through June 30, 2026;
            increasing the contract amount by $19,365,652 for a total amount not to exceed $27,296,994; and
            authorizing HSH to enter into any additions, amendments, or other modifications to the contract that
            do not materially increase the obligations or liabilities, or materially decrease the benefits to the City
            and are necessary to effectuate the purposes of the contract or this Resolution. (Department of
            Homelessness and Supportive Housing)
            (Fiscal Impact)
            Supervisor Preston requested to be added as a co-sponsor.
            Resolution No. 527-23
            ADOPTED by the following vote:
                 Ayes: 9 - Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
                 Excused: 2 - Melgar, Ronen



Recommendations of the Public Safety and Neighborhood Services Committee


230866 [Health Code - Regulating Medical Specimen Test Collection Sites]
            Sponsors: Preston; Ronen and Dorsey
            Ordinance amending the Health Code to require that sites that collect medical specimens on behalf
            of clinical laboratories partner with either a governmental entity, a licensed health care provider
            located in the City, or an educational or academic institution, establish hygiene, sanitation, and
            privacy standards, and adhere to the Health Insurance Portability and Accountability Act; and
            providing that a violation of the specimen collection standards is a public health nuisance subject to
            an administrative penalty that may be imposed by the Department of Public Health.
            Supervisor Dorsey requested to be added as a co-sponsor.
            Supervisor Preston requested this Ordinance be DUPLICATED ON FIRST READING.

            See duplicated File No. 231158.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 9 - Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
                 Excused: 2 - Melgar, Ronen




City and County of San Francisco                         Page 975                               Printed at 5:09 pm on 4/26/24

### [Page 13](https://sfbos.info/documents/958/2023-11-07-minutes#page-13)

Board of Supervisors                               Meeting Minutes                                                  11/7/2023



231158 [Health Code - Regulating Medical Specimen Test Collection Sites]
            Sponsors: Preston; Ronen and Dorsey
            Ordinance amending the Health Code to require that sites that collect medical specimens on behalf
            of clinical laboratories partner with either a governmental entity, a licensed health care provider
            located in the City, or an educational or academic institution, establish hygiene, sanitation, and
            privacy standards, and adhere to the Health Insurance Portability and Accountability Act; and
            providing that a violation of the specimen collection standards is a public health nuisance subject to
            an administrative penalty that may be imposed by the Department of Public Health.
            Duplicated from File No. 230866.
            Supervisor Preston, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 7-8, by adding ‘prohibiting such
            sites from paying individuals to take a medical test’, Line 9, by adding ‘misdemeanor offense and a’; on
            Page 4, Lines 1-3, by adding ‘“Test” means the diagnostic test used to detect any infectious,
            contagious, or communicable disease and that the Covered Operator sends to a CLIA-certified
            laboratory for clinical processing.’; on Page 6, Line 12, by changing ‘tests’ to ‘Tests’; on Page 6, Line 23,
            through Page 7, Line 7, by adding ‘Upon request, Personnel at a Specimen Collection Site must
            demonstrate evidence of the partnership with one of the foregoing entities by producing a written
            agreement, memorandum, letter, or similar document that shows the entity has requested the
            Specimen Collection Site perform Tests on behalf of the entity. The ordering prescriber’s standing
            order, required by subsection (f), shall not constitute sufficient evidence of a partnership. (j) Covered
            Operators shall not offer or pay Examinees any remuneration, including anything of value, directly or
            indirectly, overtly or covertly, in cash or in kind, to induce, or in exchange for, the Examinee using a Test
            offered by the Covered Operator. The prohibition on remuneration shall not apply to clinical testing
            performed pursuant to an institutional review board-approved research study or with the approval of
            the Department.’; on Page 7, Line 25, through Page 8, Line 5, by adding ‘SEC. 4905. VIOLATION A
            MISDEMEANOR. Any person who violates Section 4903 is guilty of a misdemeanor. Any person
            convicted of a misdemeanor hereunder is punishable by a fine of not more than $500 or by
            imprisonment for a period of not more than six months, or by both. A person who violates the
            provisions of Section 4903 is guilty of a separate offense for each day, or portion thereof, during which
            the violation continues.’; and making other clarifying and conforming changes. The motion carried by
            the following vote:
                Ayes: 9 - Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
                Excused: 2 - Melgar, Ronen
            Ordinance amending the Health Code to require that sites that collect medical specimens on behalf
            of clinical laboratories partner with either a governmental entity, a licensed health care provider
            located in the City, or an educational or academic institution, establish hygiene, sanitation, and
            privacy standards, and adhere to the Health Insurance Portability and Accountability Act; prohibiting
            such sites from paying individuals to take a medical test; and providing that a violation of the
            specimen collection standards is a misdemeanor offense and a public health nuisance subject to an
            administrative penalty that may be imposed by the Department of Public Health.
            Supervisor Preston, seconded by Supervisor Walton, moved that this Ordinance be RE-REFERRED AS
            AMENDED to the Public Safety and Neighborhood Services Committee. The motion carried by the
            following vote:
                 Ayes: 9 - Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Stefani, Walton
                 Excused: 2 - Melgar, Ronen




City and County of San Francisco                          Page 976                                Printed at 5:09 pm on 4/26/24
