life. and if there are any adverse impacts that they be in many of the things that have been stated here contamination, pollution, then we have to stop and reflect. and you know, supervisor, that we have ordinances that prohibit smoking at bus stops. but we have no signs. that's the least we can do, we should put signs there so that people can at least stop somewhere, at bus stops and stop smoking because that smoke -- and blow the smoke in the face of all the people in the bus stop. this is a very good ordinance. we have our elderly like ernestine weiss, we have our young people, that's what you have to do, come to city hall and speak your mind and speak for what is right and what is good. thank you very much. >> thank you. seeing no other public

commenters, public comment is closed. colleagues, are there any questions or comments? then let me ask i think it's city attorney john gibner, we have some amendments, is that right, for this item, or was it the next item, mr. gibner. >> deputy city attorney john gibner. i believe on this item you have written amendments, on the next item you have written aamendments and some additional amendments i'd like to make orally. >> these are not substantive ones that change the numbers and each of you has a copy of them so if there are no questions on those amendments, actually i'm just wondering if my colleagues had any comments. supervisor wiener. >> thank you. thank you, chairman mar for authoring this legislation and for all your work around second hand smoke issues. i'm very supportive of this legislation. we need to

have public places where everyone is able to use those places and you don't have some people doing things that make it harder for other people to be there. i think this moves us in that direction. i do have one question for the city attorney, i think the answer is yes but i want to make sure. my reading of the definition of outdoor event, i think would include parklets and i'm curious to know if the city attorney is in agreement. >> deputy city attorney john gibner again. yes, the definition of outdoor event would include parklets. >> even if the parklet is there 24/7? >> right, the park must be approved by the director of transportation under article 6, yes. >> thank you, that's a very good thing. i know there's been a little bit of ambiguity

about whether parklets, whether it's already prohibited to smoke in parklets. they tend to have, some of them have signs saying no -- i think it's -- some of them already have signs saying no smoking but it's good to have legislation supporting them. >> neighborhood block parties are exempted which are sponsored by a neighborhood organization or individuals so they are not included in this legislation. so, colleagues, if there are no other questions can we take the amendments without objection? thank you. and can we pass this forward with a positive recommendation without objection? >> yes. >> thank you. >> mr. chairman. >> supervisor wiener. >> i stepped out for a minute around item 3 and i wonder if we could rescind that vote so i can vote in favor of item 3? >> colleagues, can we rescind item 3 without objection? miss miller, can we have another

motion? we're going to support item no. 3 with a positive recommendation without objection. miss miller. >> item 6 is an ordinance amending the health code diskloeging landlord's prohibition of smoking in residential rental units. >> this item is sponsored by me. this is the smoke free housing disclosure policy. it's a common sense measure for maximum notification of smoke free units in our multi unit buildings. so, colleagues, i'm asking for your support. i think this is important because it's bringing together not only tenant organizations but also the

landlord organizations, the san francisco apartment association, with the mission sro collaborative which was the major impetus with other tenant organizations in supporting this to create stronger public health policies and to limit second hand smoke in multi unit buildings. the hazards as we said before of second hand smoke is well documented. there's no safe exposure level, it's cancer-causing, it's toxic, it leads to thousands and thousands of deaths each year and by limiting access to second hand smoke, it's protecting people's health. also, when people live in close proximity to units where there are smokers in apartment buildings or multi unit buildings, they are in danger of the smoke seeping into or kind of coming into their units or common areas as well and this can result in prospective tenants really being exposed to hazardous air in their buildings. i think this is an important

measure, too, that will really help prospective tenants finding out more where they may be exposed to second hand smoke but it's usually after they sign a lease right now where people find this out. so this is a measure developed jointly by the mission sro collective and the san francisco (inaudible) to make an informed decision about the unit under consideration and if it meeting their needs. this disclosure policy also benefits land lords by reducing nuisance complaints regarding secondhand smoke. specifically, we'll hear from some republics -- reps from the department of public health, this requires landlords disclose units as smoke free or

smoking optional. no leases can be changed midway through tenancy and thanks to the tenant associations for advocating strongly. owners must include the smoking designation in the unit in the residential vacancy listings and to any applicant prior to entering into a lease agreement. no. 3, owners must provide a list to rental applicants who are offered the unit showing the designation of all units in the building that are smoking optional. this list will be updated and available to all tenants. lastly, owners of -- this is a phase in process built in. owners of smaller buildings of 50 units or less have one year to apply and owners of 50 units or above have two years to comply. this brings san francisco into line with a number of other cities that have recently passed ordinance,

oakland, belmont and novato have recently passed legislation. this ordinance would increase public awareness and really raise awareness that we need to create more smoke-free housing in our buildings and throughout our neighborhoods. the version of this ordinance that you see before you is an amendment of the whole where the requirement that land lords report both smoke free and smoking optional units has been amended to only require reporting of smoking optional units. again i want to thank the tenant organizations and apartment association for their leadership but especially aliana caruco from the department of public health and desiree for drafting the ordinance. with that, i'd like to ask

aliana caruco to make a public presentation. >> good afternoon, supervisors, my name is aliana caruca, i'm with the department of public health and i'm tobacco free director so i'm representing the department of public health today. this policy would inform prospective tenants of which units have been designated as smoking optional. supervisor mar, you've already basically explained what the ordinance would require and i would just like to add that over the years as the public has become much more educated and aware of the dangers of second hand smoke we've been getting a lot more calls with tenant complaints about smoking and in particular we've seen a lot of people who have called like i remember we got a call from a mother with a brand new infant, seniors with lots of

chronic diseases, people with hiv, people with cancer and heart disease, who had just moved into their apartment and had no idea they were going to be exposed to second hand smoke that was drifting from other units into their apartment and they were totally at a loss of what they could do. this is basically a right to know ordinance. this would inform prospective renters where smoking is allowed so they can make an informed decision and choose to decide on an all terp tiff if they don't want to be exposed to the second hand smoke. and supervisor mar, i think you talked a little bit about the 2006 surgeon general's report. one thick that was in the report, even short term exposure can be dangerous to cardiovascular health. in addition to sending out

letters to the building land lords and managers what our department plans to do is to do two mailings because there will be first the apartment owners with 50 or less units who will be phased in as the first phase, so we'll do a mailing to notify those owners and then subsequently on second mailing to inform the other apartment owners of the larger units and we also plan to have a web site with questions and answers and provide technical assistance. so in this way we can increase the land lords' awareness and education and really continue to have a dialogue about second hand smoke in multi unit housing. >> thank you so much for all the great work on this. so, colleagues, if there are no other questions, let's open this up for public comment. we have a number of tenant reps but also speakers from the

apartment association and others so i wanted to first call up kendra brushman and ben from the mission sro collaborative. there are others too, i will call them as i have cards, charley goth from the apartment association, also victoria and stefan moor and also brian davis. >> i am a community organizor with the commission sro collaborate ive. the purpose is to improve livering conditions and fight for housing justice. through my work in sro hotels i've seen a variety of health issues that sro tenants face including secondhand smoke. when the opportunity came up for us to learn more about this, we took it. for about 6 months we surveyed 300 tenants who lived in sro's and apartments in all 11 districts to find out how much second hand smoke affected

them and if they would be interested in a disclosure policy. we found 57 percent of tenants had neighbors who smoke in their units and of those people, 59 percent reported secondhand smoke drifts in their apartment. they reported having someone in their unit whose illness was made worse by secondhand smoke. many people didn't have enough information to make an informed decision about where they were moving. only 40 percent reported knowing when they moved in and 72 percent said they would want to know. this legislation will do three things, owners must include the

smoking designation of the unit in residential vacancy unit and to any applicant prior to entering into a lease agreement. owners must provide a list to rental applicants who are offered the unit showing the designation of all units in the building that are smoking optional and the list will be updated and available to all tenants. while we took on this unit to make it safer for tenants with health problems. >> let me ask you to try to wrap up as quick as you can. >> thank you. so we've made sure that leases can't be changed mid-tenancy to protect tenant protection. in conclusion, the disclosure policy gives tenants an opportunity to make an informed choice. i want to thank supervisor mar and supervisor campos for sponsoring the legislation and i urge you to

pass it on to the entire board with your full support. >> thank you. next speaker. >> good afternoon, supervisors, i am ben chafer, i work with kendra at the sro collaborative. when we were conducting the surveys in the summer and fall in 2011 we found the majority of people, overwhelmingly, 4 out of 5 were in favor of the disclosure policy and even confirmed smokers were in support of the policy because they were concerned about possibly contributing to go neighbors' health issues. basically the sense i got was they wanted it make informed choices to protect their rights as well as other people's rights in the arena of smoking. as a smoker personally i believe this policy is very important to the community because it would provide tenants both in the private

apartment and the sro community to make informed decisions based on an important health issue. in conclusion we'd like you to pass the legislation both to mitigate concern and confusion city-wide about the smoking history of apartments and sro rooms, as well as making it fair and equitable to protect smokers who try to be just and fair about not smoking in places where the ordinance is in place. thank you supervisor mar and supervisor campos for your co-sponsorship of the gislation and we look forward to seeing it before the full board. >> mr. davis or miss weiss >> good afternoon again, my name is ernestine weiss and i congratulate you on your effort to do this, eric, but this is seriously flawed and inadequate. there's no such thing as a smoke free apartment option because when tenants get in, they are going to smoke and

it's going to drift 2 apartments away and to my apartment, which has only one sliding door since it's a studio and i have to close my door and i can't have fresh air. so this is totally inadequate. we have to ban all smoking in apartments, petaluma just did it, did you read about that? other cities have done it too. this is the only way to deal with this. tenants are not going to comply even if they have the option and so forth you know they are not going to do the right thing. and it's very hard to enforce. so it does nothing to prevent people from having lit cigarettes on my terrace several times during my tenancy. it's dangerous, it can start fires because people store things on their terraces. it's impossible. so the only way to do this is to have the moxie to ban it

entirely. please consider that. your attempt is good but that's -- it's not the answer. the answer is to ban it entirely. thank you. >> thank you. next speaker, mr. davis. >> yes, my name is brian davis from freedom from tobacco again, really here to speak more personally about my experience of having lived in an apartment space above a chain smoker who refused to go outside to smoke. he lived there for a year and that year was simply hell. i have very serious asthma and, you know, having to go spend, you know, as little time as i could at home but the reality is i have to sleep there, i have to eat there, and try to live my life there and it's having to spend every single moment of my life surrounded by this intense odor, living in a turn of the century building, it was

seeping up very very constantly. we spoke to him, tried to get him to smoke outside, he would not do it. fortunately eventually he moved and after that time, after we put a lot of pressure on the landlord, he made the building smoke free. so this is just to speak personally as to how important this issue is and i agree with the last speaker that this is a very good first step but we need to do more. we need to make the buildings smoke free. thank you. >> thank you. next speaker, mr. gaunt. >> good afternoon, supervisors, my name is charley goss and i work with the san francisco apartment association in government and community affairs. i am here to speak on behalf of the legislation and thank you to supervisor mar for your sponsorship. we have been trying to address tobacco smoke in apartments for several years now and we've

been trying to address it in a way that wouldn't spur evictions for tenants and wouldn't spur lawsuits for land lords. the best way to go about that legislation seemed to be a disclosure policy. the disclosure policy doesn't change any current lease agreements, it changes no current smoking policies but it's a disclosure of those policies. it's based on the right to know that if someone is going to move into an apartment they have the right to know if smoke will come into their apartment. it's not often that the landlord community and the tenant community gets to work together. in this circumstance i can say that we have a broad base of support. it's a commonsense piece of legislation. the landlord community is behind it, the tenant community is behind it, we've met with supervisor wiener's office as well as supervisor cohen's office and i'm here to urge you to pass this along to the full board and thank you for your

sponsorship. >> thank you. thanks for your great leadership as well. >> i have a question. >> supervisor wiener. >> it's always been surprising it me that any landlords allow smoking in their buildings. if i owned a building with units in it i was renting out, i would i think just include a ban in all the leases. it damages the property, it's -- do you have a sense for if there's a trend towards that that's going to eventually take care of itself? >> i would say there's a trend toward people using smoke free leases. we want to develop a disclosure policy because you can't necessarily change a lease term for a lease that's already in effect. when leases turn over, most people are using smoke free leases nowadays, smoke landlords. our standard smoke free agreement is used by a lot of landlords and it's a smoke

free lease. >> do you try to educate members to be sure they don't forget to do that? >> absolutely, we have a monthly magazine, a web site, we publish monthly announcements, we'd absolutely be doing our outreach. >> thank you, next speaker. thank you. >> hello, my name is victoria paque and i'm an advocate with the san francisco apartment association. the san francisco apartment soerkts supports the tobacco smoke disclosure. it would benefit prospective tenants who have a right to know if they might be exposed to second hand smoke in an apartment, and it would also help property owners and managers. letting prospective tenants know if the leases of units surrounding an apartment allows smoking helps a tenant make an informed decision about living in a building. having this information before signing a lease and moving in will result in fewer situations where a new tenant is surprised

and disappointed by second hand smoke. therefore, disclothesing this information should result in fewer broken leases due to second hand smoke and nuisance complaints. prudent landlords realize it will be offset by having future management problems due to second hand smoke. this disclosure is a good thing for both landlords and tenants. thank you for your time. >> thank you, next speaker. >> good afternoon, supervisors, my name is steve morg basically, the thing about a nonsmoking policy, we provided a survey and what we did was surveyed managers and owners of all in the district of san francisco and here are

some of the findings we found with those surveys. 57 providers are supportive of the disclosure law. 47 percent prohibit smoking in their leases. one-third of managers, owners have received tenants about second hand smoke. most residents throughout san francisco want a smoke free healthy lifestyle here in san francisco which will lead to better public health for all san franciscoans so we encourage that you support this mer err and we support and appreciate your support, supervisor mar and supervisor campos, on this policy. >> thank you, mr. moor, thank you. each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. if simultaneous translation services are used, speakers will be governed by the public supreme supreme.

>> if there's anyone else who would like to speak? >> my name is stefan white, i'm a tenant at 922 post

street. i understand as the law now is landlords can ban smoking in common areas of the building like the lobby but they are not allowed it ban it in apartments. when you have smoking in some apartments it drifts unquestionably it drifts into the apartments of those who don't smoke. hallways are filled with tobacco and marijuana smoke, so is the building and elevator and sometimes even the lobby area, even though i have not seen people actually smoking in those areas. i really think unless you deal with the situation directly about smoking itself, this ordinance is not going to be enough because the demand for housing is so great in san francisco that people will take whatever is available, whether the landlords actually comply with this thing or not.

i with also like to say that if you are going to ban smoking in buildings it has to include marijuana smoke as well as tobacco smoke. the california epa has determined there are carcinogenic products in marijuana smoke as well as tobacco smoke. i think it should be handed over to the department of health for some kind of enforcement, if not this ordinance then whatever ordinance you can come up with. >> next speaker. it looks like mr. paulson may be the last speaker. >> (singing)? this city people smoke night and day, drive me crazy hey and the night. let the smoking magic and the music get to you and just enjoy your smoking self and all your wealth. living living in the smoky, living off

the smoke wall, living off the smoke wall, let the magic in the city smoking music get to you, enjoy your smoking self, living off the smoking wall the wall, off the wall, on the boat free only want to be smoking free without and i hope the board will approve this deed. free, only want to be smoke free and i hope this city makes it won't you please on the boats and on the planes, the smoke's coming to america. every place that flag unfurls, it's a big old smoky world. on the boats and on the planes, here comes the smoke again stop

it please. >> thank you. seeing no other public comment, public xhebt is closed. so, colleagues, i wanted to, if there are no questions let me ask our deputy city attorney john gibner to give us a couple minor amendments and keep in mind the version in the ordinance in front of you is an amendment of the whole, i will be asking you to adopt the amendment but there are additional nonsubstantive amendments from mr. gibner. >> two amendments, one is in the numbering. you will see in the draft before you the numbers are 19m.01, 19m.02. we would suggest the committee amend to just make them