Ken Cleaveland
Government & Public Affairs


Restrictions on Parking Still a Threat to Downtown Businesses and Residents

San Francisco Nabs Federal Funding for Congestion Pricing Study

Avian Flu Advisory - Do You Have a Plan?

BOMA Powers New Education Series on Energy Solutions

Will Your Buildings Shine at BOMA's 6th Annual Commercial Recycling Awards?

BOMA California Legislative Conference March 21 -22: Plan to Go To Sacramento!

Play Ball! BOMA SF PAC Hosts BBQ Fundraiser on Opening Night April 7th at AT&T Park!

Michela Aliota-Pier Speaks Out on Politics in San Francisco

Graffiti Update

New Rules for Disposal of E-Waste ("Universal Waste")

Top 10 Biggest Fundraisers, 2001-2005

Direct all inquiries regarding
The BOMA San Francisco ADVOCATE to

Government and Public Affairs
Ken Cleaveland, CAE
415/362-2662 x11

February 23, 2006
Volume 12, Number 2

This Issue of the BOMA-San Francisco Advocate Is Brought To You By 
Otis Elevator Company        

Restrictions on Parking Still a Threat to Downtown Businesses and Residents
The insidious Downtown Parking Restrictions Ordinance being pushed by Supervisors Aaron Peskin, Chris Daly, and their so-called Progressive allies is due for another vote before the Board on February 28th. This legislation would severely limit future parking construction in new C-3 (downtown/SOMA) residential buildings as well as virtually ban the construction of above-ground parking garages in much of the downtown area. A much better approach to encouraging the use of public transportation without punishing car owners was introduced by Supervisor Michela Alioto-Pier. Yet the Board of Supervisors continues to push their own version of what they think is right for the business community and downtown residents, without their consent.

The Board of Supervisors voted to pass it on its first reading February 7th, on a 7-4 vote, and it was assumed it would be passed on its second reading last Tuesday, February 14th. Instead, the measure was amended to make the effective date of the ordinance June 1, 2006 (rather than 30 days from passage), thus will be voted on again on February 28th. (2 p.m., City Hall, Board Chambers, 2nd Floor)
The Peskin/Daly legislation will NOT reduce traffic congestion in the downtown, as its proponents claim, and it will NOT improve the affordability of downtown housing because it will result in less, not more housing construction. It WILL cause downtown homeowners to have to rent more car spaces in commercial garages, thus usurping valuable spaces needed for transient parking by workers, visitors, shoppers and tourists.
If our public transportation system were better, more people would use it. If people didn't have children, elderly or disabled relatives and friends, and never needed to buy more than two bags of groceries, we would have less need for cars. But the Board of Supervisors and their transit-first/transit only allies are not being realistic when they attempt to pass restrictive legislation that does not have the flexibility our parking policies deserve, especially in our downtown area. Incentives, not mandates, would do more to promote transit use, and would allow builders the opportunity to design appropriate parking to fit the needs of all kinds of San Francisco families, not just those capable and willing to ride their bicycles to Safeway.
PLEASE contact Mayor Newsom and urge him to stand firm in his opposition to the Peskin/Daly anti-parking legislation, and to push for more moderate controls using Supervisor Alioto-Pier's legislation. The Alioto-Pier alternative would allow for up to 1 - 1 parking per residential unit, allow for appropriately shielded above-ground garages to be built in the future as we need them, while providing for car-share parking, bicycle parking, and a de-coupling of parking spaces from residential units so persons wishing to purchase a condo without a parking space can do so.

Supervisors Bevan Dufty, Fiona Ma, Sean Elsbernd and Michela Alioto-Pier were the "no" votes on the first reading of the Peskin/Daly anti-parking ordinance. We need to thank them ASAP!!! (.and urge them to stand firm!) A Mayoral veto can not be overturned by the Board with less than 8 of the 11 Supervisors voting to do so. Click here for contact information to send your emails or make your calls to urge the Mayor and the four Supervisors above to oppose any compromise that does not contain at least a 1 - 1 parking ratios and no ban on future above-ground garages in downtown San Francisco!

San Francisco Nabs Federal Funding for Congestion Pricing Study
In other transportation-related news, San Francisco recently secured $1 million from the federal government to conduct a study to determine the feasibility of a establishing a congestion pricing system for the City, similar to what was put into place in London several years ago. Such a system would charge motorists a user fee when driving in congested areas, usually downtown areas during the work week. The details of such a fee would be determined in the study, including what areas could be charged to enter by car, how large those areas should be, what times the fees would be charged, and what various ways could be used to collect the fees. Supervisor Jake McGoldrick as well as other city leaders see such fees as a means of reducing traffic while gaining more revenues for public transit. This grant puts San Francisco at the forefront of the push to bring congestion pricing to the U.S., as makes it the first city in the nation to receive such government funding. The study will last 18 to 24 months and will begin shortly, according to the Metropolitan Transportation Authority's Executive Director, Jose Luis Moscovich.

Avian Flu Advisory - Do You Have a Plan?
An avian flu pandemic has the potential to disrupt lives and businesses in addition to the possibility for deaths that would surpass those that resulted from SARS. Being prepared is a good thing to avoid panic reactions. The consulting firm Attainium recently assimilated an excellent list of resources items to help companies plan for any type of avian flu outbreak or similar disruption. Here they are:

Item #1: Basis Q & A about a bird flu pandemic.

Item #2: The US government's plan in the event of an avian flu pandemic.

Items #3: What organizations can do in terms of business continuity management to react quickly and effectively to an outbreak of avian flu.

Item #4: Business Pandemic Planning Checklist - prepared by the Dept. of Health and Human Services, and the CDC.

Item #5: The Gartner Group's recommendations.

Item #6: Flexible working arrangements will be essential if organizations are to continue to operate effectively during a pandemic.

More Resources...
To contact Attainium Corp. for more assistance, please contact Bob Mellinger, President, at
or visit the Resources section of their Web site - - for links to the most current information from the Department of Homeland Security, National Weather Service, and others.

BOMA Powers New Education Series on Energy Solutions
"BEEP" Classes Slated to Begin in April
On April 7, BOMA International will launch the first in a series of six education seminars offering solutions for reducing energy costs and consumption in commercial properties. The BOMA Energy Efficiency Program (BEEP) was developed by the BOMA Foundation in partnership with the U.S. Environmental Protection Agency's (EPA) ENERGY STAR Program.  The training will provide no- and low-cost strategies for reducing the industry's annual $24 billion energy bill by as much as 30%, while continuing to provide tenants and owners with comfortable space. The curriculum was developed for building owners, managers, engineers, and other commercial real estate professionals and will be taught by seasoned industry practitioners. BEEP courses will be available nationwide via phone conference, supported by materials delivered over the Internet in real time.  Programs run for 90 minutes, beginning at 2:00pm, ET, on the following dates.

Friday, April 7:

Introduction to Energy Performance

Friday, May 12:

How to Benchmark Energy Performance

Friday, June 2:

Energy Efficient Audit Concepts & Economic Benefits

Friday, September 8:

No- and Low-Cost Operational Adjustments to Improve Energy Performance

Friday, October 13:

Valuing Energy Enhancement Projects & Financial Returns

Friday, November 10:

Building an Energy Awareness Program

In addition to the above schedule, programs will also be offered at BOMA's North American Commercial Real Estate Congress and The Office Building Show, June 24-27 in Dallas, TX.  Registration fees are $50 per program, per site.  BOMA San Francisco's offices will be used as a local downtown site. For a complete description of each course, class schedules, registration information, and other resources, visit  For information on BOMA International's North American Commercial Real Estate Congress and The Office Building Show, visit

Call for Case Studies!
An important component of the BEEP training courses is sharing of best ideas and practices for improving energy performance in commercial properties.  If you would like to share your story, download and complete the form on under Energy Savings Case Studies. 

Will Your Buildings Shine at BOMA's 6th Annual Commercial Recycling Awards?
This year marks the 6th anniversary of BOMA San Francisco's commercial recycler of the year awards program, and entries are being accepted NOW. Visit the BOMA SF website for applications.
BOMA buildings have three categories in which to enter: Large Buildings (over 450,000 square feet) Medium-sized Buildings (270,000 - 450,000 square feet) and Small Buildings (under 270,000 square feet. Restaurants and hotels are also being solicited for entries. The awards luncheon will be held at the Palace Hotel on Thursday, April 27th. The City's Department of the Environment is again contributing a total of $25,000 in cash prizes to the top winners to be used to reward those most responsible for the implementation of the successful recycling programs. For more information, contact the Chair of the 2006 CORY Awards, Chris Wong, The Swig Company, cwong@swigco.comDeadline for submissions is March 8th!

BOMA California Legislative Conference March 21 -22: Plan to Go To Sacramento!
A series of meetings with the Governor's staff (Chief of Staff Susan Kennedy has been invited to address BOMA) and with key state legislators has been organized for BOMA members March 21 and 22. The conference begins with an afternoon briefing March 21st at the Capitol with a briefing from the Administration, followed by a review of the issues most important to BOMA. After that, beginning around 2 p.m., BOMA San Francisco members will attend scheduled meetings with Assembly Members Mark Leno, Leland Yee, Gene Mullin, Joe Nation, Ira Ruskin, and State Senators Carole Migden, Jackie Speier, and Joe Simitian. These meetings are an excellent opportunity to get acquainted with your state representatives and to voice your concerns about government. Following the visits, BOMA California has arranged a reception and dinner for all attendees. A good contingent from the Bay Area is important! Please contact BOMA SF, BOMA Silicon Valley, or BOMA Oakland/East Bay to participate. Our elected state leaders need to hear from you!

Play Ball! BOMA SF PAC Hosts BBQ Fundraiser on Opening Night April 7th at AT&T Park!
For several years going, BOMA San Francisco's Political Action Committee has teamed up with the BOMA Associates Committee to sponsor a very fun "tailgate party" on the first night game of the Giant's home season. This year the first night game will be on a Friday, April 7th, starting at 7:00 p.m. (Giants v. Braves) and will feature fireworks after the game. The BBQ will be held behind the China Basin Landing building on Berry Street (across the street from the ballpark) beginning at 4 p.m., courtesy of the McCarthy Cook & Company, owners of the beautiful property. It will feature all the right ballgame food including hot dogs, hamburgers, garlic fries, peanuts, chips, sodas, and plenty of beer and wine, thanks to the generosity of such associate firms as August Supply, ABM, Marble West, Skyline Construction, Conklin Brothers, Perfection Sweeping, Giampolini & Co., Empire Elevator, and others! This is one BOMA event that is ALWAYS fun, and will definitely sell out! So,
visit the BOMA SF website to purchase your tickets for the BBQ and game or just the BBQ event. Help BOMA's PAC raise money to defend our buildings and the businesses they house in San Francisco, and have a great time doing it! 

Michela Alioto-Pier Speaks Out on Politics in San Francisco
San Francisco Supervisor Michela Alioto-Pier spoke to BOMA's Government and Public Affairs Committee recently, and voiced her concerns about the loss of civility in local politics. Increasingly, the politics at the Board are becoming more personal, petty, and vindictive, she said. Alioto-Pier has submitted several key pieces of legislation that have been supported by the business community, only to have them shot down by the "progressive" majority there. She recently introduced a more moderate downtown parking ordinance which BOMA and other business organizations are supporting. Alioto-Pier was successful in getting her proposal to exempt biotech companies from payroll taxes passed, and legislation placed on the ballot (and passed) requiring an economic analysis be done on any future city ordinances that could affect local jobs and the economy. (Note: This ordinance was passed by the voters in November, 2004, but has yet to be implemented, due to resistance from some members of the Board of Supervisors. An economist was just hired this month to begin the required economic reviews of pending legislation.) Alioto-Pier considers herself an open-minded person who is sympathetic to the concerns of both labor and business, and is blessed with a constituency (District 2) that understands and appreciates the fact that issues need to be viewed from both a city-wide perspective as well as at the district-level. Her key concerns continue to be clean streets, a better local educational system, homelessness, and more job creation. She does not support public financing of mayoral elections, and has a problem with giving the city's Ethics Commission too much power. Alioto-Pier will be running for re-election as District 2 Supervisor in November, 2006.

Graffiti Update
Graffiti vandalism is a big problem in San Francisco, and costs the city (and property owners!) millions of dollars annually to clean up. The city has established a Graffiti Advisory Committee that meets regularly to discuss ways and means of combating graffiti vandalism and needs input from property owners. Several months ago a new ordinance was passed that will fine property owners $500 if graffiti is not removed within 30 days of being cited for it. There is no requirement that the owner be served with a photo of the vandalism (although one is taken by the Dept. of Public Works), but the owner of record is required to remove the graffiti or appeal the situation to the Director of the DPW immediately upon receiving the citation. The fines for leaving graffiti up more than 30 days may be increased soon. The DPW would like to establish a list of companies that are used to clean off graffiti to share with other property owners who need assistance. If BOMA members have such contacts, please forward them to Ken Cleaveland, BOMA's representative to the Graffiti Advisory Committee. According to the DPW, 48% of the city's graffiti happens on city property (including schools) but they do not have the staff or funding to take care of removing it, let alone deal with graffiti removal on private property. The city is currently making a concerted attempt to prosecute "gang tags" and has released an anti-graffiti campaign geared to "respecting yourself and your family" as part of the February 15th Clean City Summit.

To report graffiti, call 28-CLEAN. (in San Francisco only) 

New Rules for Disposal of E-Waste ("Universal Waste")
Effective February 9th, new rules for disposing of batteries, computers, cell phones, radios, fluorescent light bulbs and other electronic equipment must be followed in California, or fines can be assessed. This 2 year-old law had exempted households and small businesses until that date, when every tenant, homeowner and business must be aware of their responsibilities for proper disposal of such items. The state enforcement activity will focus on businesses, so it's important for BOMA members to be aware of the rules, and to inform their tenants. To obtain a complete list of waste products that are banned from ordinary trash, check out For a list of county by county centers that accept household/business hazardous waste, go to

If you haven't got a copy of the new city ordinance requiring construction and demolition debris recovery (recycling), please download here. The ordinance becomes effective July 1, 2006, and will require all construction projects generating more than one cubic yard of C & D waste to dispose of it using certified haulers who will take it to approved recycling facilities.

There is a business battery recycling directory at If the business does not generate large quanitites of hazardous waste, then the batteries can be disposed of at a Very Small Quantity Generator facility, the last option on the list. Businesses are technically not allowed to take batteries to the household battery drop-off sites because they are supposed to have a record of where all their hazardous waste goes.

Another option is to use rechargeable batteries which will last longer and can be disposed of for free. Visit for more information about the proper applications and usage for rechargeable batteries. If you do buy rechargeable batteries, you can also go to for more recycling options.

Top 10 Biggest Fundraisers, 2001-2005 (End-of-2005 Rankings for '06 Senate Candidates)


Hillary Rodham Clinton 




James M. Talent




Rick Santorum




Maria Cantwell




Bill Nelson




Edward M. Kennedy




George Allen




Deborah Ann Stabenow




Dianne Feinstein




Jon L. Kyl



"The more I see of the representatives of the people, the more I admire my dogs." Alphonse Lamartine