Ken Cleaveland
Government & Public Affairs
  Don't Forget To Vote on June 3!

BOMA Supports Re-election of SF Superior Court Judge Thomas Mellon

BOMA SF PAC – Your Defense Against Bad Legislation and Bad Politicians!

San Francisco's Green Building Ordinance: Too Expensive to Enact?

San Francisco Considering new Commercial Lighting Efficiency Ordinance

New Mandatory Recycling Ordinance for San Francisco Businesses

Downtown SF Property Owners Form Steering Committee for CBD

Building Department Re-Starts Seismic Survey of Existing Buildings

California Chamber of Commerce Issues 'job killer' Bills

San Francisco's New Public Works Director Meets BOMA Members

BOMA Codes Committee Meets with New SF Planning Director

Upcoming Events of Interest


Direct all inquiries regarding
The BOMA San Francisco

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

May 23, 2008                                                   Volume 14, Number 3

This Issue of the BOMA San Francisco Advocate Is Brought To You By:
  Cooley Godward Kronish LLP

Don't Forget To Vote on June 3!
BOMA's Recommendations: San Francisco has eight ballot measures to be voted on June 3rd. The BOMA SF PAC Board of Directors has recommended the following:
 Proposition A – New SF Public Schools $198 Parcel Tax - NO POSITION
 Proposition B – Reforms the city's very expensive health care plan to reduce costs for new employees - BOMA strongly SUPPORTS this responsible policy change.
 Proposition C – City employees convicted of "crimes of moral turpitude" would forfeit benefits - NO POSITION
 Proposition D – City Boards and Commissions must be ethnically diverse - NO POSITION
 Proposition E – Power grab by Board of Supervisors to dilute Mayor's appointment powers to San Francisco Public Utilities Commission - BOMA strongly OPPOSES this measure.
 Proposition F – This measure fails Economics 101 for rebuilding the Bayview/Hunter's Point shipyard area - BOMA strongly OPPOSES this measure as a last minute political stunt by Supervisor Chris Daly to doom a great development much needed in Southeast San Francisco.
 Proposition G – Lennar Corporation's proposal to development new housing and jobs in the Bayview/Hunter's Point area, which now includes 1/3 affordable units in the new residential plan - BOMA strongly SUPPORTS Prop G.
 Proposition H – Prohibits local elected officials, candidates, and committees from soliciting or accepting contributions from individuals having pending contracts before the City – NO POSITION
       San Francisco Superior Court Judge – Seat #12 – Thomas Mellon (incumbent)
       CA General Assembly, District 12 - Fiona Ma (incumbent)
       CA General Assembly, District 19 - Jerry Hill (San Mateo Supervisor)

BOMA Supports Re-election of SF Superior Court Judge Thomas Mellon
If you want to keep politics out of the judiciary, look no further than the race against incumbent San Francisco Superior Court Judge Thomas Mellon. Mellon was appointed to the bench 14 years ago and continues to receive the highest rating from the American Bar Association for judicial qualifications. Mellon served as Vista volunteer providing legal services to poor inner-city families, and practiced law for 22 years before being appointed a judge. His major opponent in this race, San Francisco Supervisor Gerardo Sandoval, has been declared NOT QUALIFIED by the Bar Association. To help keep a good judge, go to

BOMA SF PAC – Your Defense Against Bad Legislation and Bad Politicians!
BOMA San Francisco's Political Action Committee is anticipating a very full ballot for November which will most likely have a number of tax measures on it as well as the election/re-election of seven of the eleven San Francisco District Supervisors. This is a critical year to make some positive changes in our leadership at City Hall! Working with other groups who support a moderate, practical, less ideological approach to city government, BOMA will promote those candidates who best demonstrate their desire to improving the quality of life in San Francisco. That means focusing on cleaning and repairing our streets, pumping up public safety and public transportation, and promoting economic development. Downtown office buildings house the greatest number of small businesses in the City, yet, the majority of the current Board of Supervisors has no regard for them or their ability to grow and prosper. It just wants more money from them. This must change, and to make that happen, we need to prepare for the November city elections. Help BOMA help your tenants by generously contributing to the BOMA SF PAC today. Make checks payable to BOMA SF PAC, ID# 870449, and send to the BOMA SF office, attention Ken Cleaveland. Contributions are not tax deductible.

San Francisco's Green Building Ordinance: Too Expensive to Enact?
The San Francisco Board of Supervisors will soon consider several different ordinances that are aimed at "greening" the city and reducing carbon emissions and energy waste. The Green Building Ordinance, a product of the Mayor's Green Building Task Force, will impact all new construction beginning in 2009, including tenant improvements over 25,000 square feet in existing buildings. The new requirements follow the Leadership in Energy and Environmental Design (LEED) standards developed by the U.S. Green Building Council. To download a copy of the latest version of the GBC, click here. To read the city's chief economist's report on this proposed legislation, click here
. The Controller is also looking for feedback on the economist's report, so be sure and go to Page 28 and fill out the response form!

San Francisco Considering new Commercial Lighting Efficiency Ordinance
This ordinance, developed by the Department of the Environment, will require all private commercial buildings to have retrofitted their properties for energy efficient lighting by 2011. By December 31, 2010, each building will be required to have had an inspection of the entire building made by a knowledgeable professional, and if the building did not meet the new lighting standards, shall have had them installed. It will also instruct the Dept. of the Environment to assist businesses and property owners with rebates/incentives funded through the California Public Utility Commission's utility ratepayer funded programs. Click here to download a copy of this proposed ordinance. For details or questions of impact, contact Cal Broomhead, SF Dept. of the Environment at 415-355-3706 or

New Mandatory Recycling Ordinance for San Francisco Businesses
Jack Macy, the City's Commercial Recycling Coordinator, has informed BOMA that the Mayor will be introducing an ordinance to establish requirements for participating in the city's recycling and composting programs, which will include new rules for commercial and residential landlords. The proposed ordinance will:
* Apply to all sectors of the city to level the playing field for all businesses.
* Require commercial and residential landlords to provide recycling and composting collection containers for their tenants.
* Require "Take Out" restaurants to provide the public with small receptacles for recycling, composting, and trash. The City will assist in designing a small standardized 3-stream receptacle.
* Require event organizers to provide sufficient separate receptacles for recycling, composting and trash.
* Require everyone in San Francisco to recycle, and compost their organics. This will not be optional!
* Will provide ongoing education and assistance to help with compliance. The garbage company will tag receptacles or send letters when problems of mixing recyclables and compostables with trash continue to occur, and will have the option to not empty the containers. However, it is not currently planned that receptacles would not be emptied from commercial and residential multi-tenant buildings, but fines will be issued to those who can control and accomplish effective material separation, but refuse to after several communications. Fines will not be assessed if the reason for non-compliance is lack of adequate space, but that will have to be verified by the City's Department of the Environment.  
* Benefit businesses by reducing costs and benefit the environment by reducing pollution and energy used to haul garbage to the landfill.
As Jack Macy put it: "After decades of voluntary, convenient, nation-leading programs, award-winning outreach and financial incentives, 36% of what San Francisco still sends to landfills is compostable (primarily food scraps) and 31% is recyclable (mostly paper). That adds up to over 600,000 tons of valuable recyclables still going to the landfill. We hope this new ordinance will substantially reduce those figures!"

For more information, contact Ken Cleaveland at BOMA San Francisco at

Downtown SF Property Owners Form Steering Committee for CBD
At a May 13th meeting at the San Francisco Chamber of Commerce, it was decided to proceed with the retention of a consultant to assist downtown property owners and businesses in creating a new Community Benefit District for the city's financial district. A number of large property owners have already provided seed money to kick-start the effort. The Chamber will provide the initial coordination of the Steering Committee. A number of BOMA members will participate. The issues of services to be provided, geographical boundaries of the CBD, method of assessment and other issues have yet to be determined. For a look at the proposed boundaries of this CBD, check out this Google map: click here.

Building Department Re-Starts Seismic Survey of Existing Buildings
San Francisco's Department of Building Inspection has re-constituted its Community Action Plan for Seismic Safety (CAPSS) which will review the structural safety of all built structures in the City. It has been estimated that only 30% of the current building stock in the City has been built to some seismic safety standard, with 5% in jeopardy of collapsing in a future moderate level earthquake. A new website is being established to track the progress of this survey which should be "up" by May 30, 2008. That site address is: The purpose of the CAPSS is to "reduce earthquake impacts on the citizens of SF by enacting reasonable procedures and legislative mandates to mitigate earthquake hazards." BOMA members should investigate getting their buildings signed up with the city's Business Occupancy Resumption Program (BORP). This will allow managers to more quickly open their properties after an earthquake as they will be allowed to use private engineers to certify the building's structural integrity. Currently, only 105 buildings have availed themselves of this fast-track program that will really make a difference one day.  For more information on BORP, go to, and click key word: Earthquake Preparedness/BORP.

California Chamber of Commerce Issues 'job killer' Bills
The California Chamber of Commerce released its annual list of "job killer" bills on May 18th, targeting 33 bills - all carried by Democrats - for defeat. Since Gov. Arnold Schwarzenegger was sworn into office only three bills on the Chamber's "Job Killer" list have been signed into law.  In 2007, the Chamber blocked 16 of its original 25 "job killers" (three more were later added to the list). Schwarzenegger vetoed every such bill that reached his desk. In 2006, he vetoed nine of the 11 bills. In 2005, he vetoed seven of eight. In 2004, he vetoed all ten. Those that he has signed have been notable, including a hike in the minimum wage and the landmark global warming law (AB 32) he has touted across the state and nation.
The 2008 Cal Chamber list includes seven holdovers from 2007, which the Chamber successfully helped stall last year, including Sen. Sheila Kuehl's single-payer health care proposal (SB 840). The state Chamber selects bills for this unwelcome publicity based on their probability of creating "new mandates, barriers, and unnecessary regulatory hurdles on California's already overburdened employers", according to their President, Allan Zarenberg. The Chamber believes the Legislature should concentrate on helping to strengthen California's economy as the best means of raising revenues.

Of the bills on the 2008 list, five are authored by Sacramento Assemblyman Dave Jones, making him the most prolific "job killer" legislator. Assemblyman Paul Krekorian of Burbank has authored three bills. Sen. Carole Migden has two bills.

Here's the full list of "job killer" bills click here
To get the bill in its entirety, go to To get a list of BOMA California's top legislative priorities, go to

San Francisco's New Public Works Director Meets BOMA Members
Ed Reiskin, new San Francisco Public Works Director, recently met with BOMA's Government and Public Affairs Committee. A graduate of the Kennedy School of Government at Harvard University (Masters in Public Administration), New York University (Masters in Business Administration) and MIT (BS in Engineering), Reiskin first came to San Francisco to manage the city's new 311 Service, after having served as the Deputy Mayor for Public Safety in Washington, DC. He was appointed Director of the DPW January 2008.

Reiskin said that 2/3 of his department's annual budget (currently $185 million/year) goes to street cleaning but other key areas of responsibility include planting trees, monitoring the condition of the city's newsracks and sidewalks (usually the responsibility of the adjacent property owner to maintain), and graffiti abatement. Reiskin said the citizens of San Francisco expect a high level of service from their local government, especially his city department! Unfortunately, due to budget constraints, the city is not able to prune trees as often as they should, nor repave streets as often as necessary.

Reiskin stated his priorities as the new director were the following:
* Create a strategic plan for Public Works
* Make DPW competitive in price and service
* Optimize the use and placement of staff and resources
* Get more trees planted in the City
* Push to get make all city buildings "green"
* Keep focused on combating graffiti
* Roll out the pedestal newsracks more quickly
* Complete the sidewalk survey and repair program
* Eliminate the pot holes in city streets
* "Get smarter" about the city's 10 year Capital Improvement Plan
* Put more information about DPW online
* Finalize the contracting reforms currently underway

Reiskin said he had four big challenges as the new DPW Director: high expectations, the basic difficulty in making changes in government, budgetary constraints, and the fact that it's hard to physically keep San Francisco clean! To contact Mr. Reiskin, call 415-554-5481 or email him at

BOMA Codes Committee Meets with New SF Planning Director
John Rahaim, San Francisco's new Planning Director, met with BOMA's Codes and Regulations Committee on April 23. Rahaim, most recently the Planning Director in Seattle, Washington, is a graduate of the University of Wisconsin (Masters in Architecture) and the University of Michigan. (BS, Architecture) He is a native of Detroit, Michigan. At his meeting with BOMA, Rahaim mentioned a number of items he thought needed to be addressed by his department. They were: 
a. Revising the City's Downtown Plan (1985)
b. Streamlining the process for plan reviews
c. Reducing the number and length of Planning Commission meetings
d. Increasing the percentage of departmental income from the General Fund
e. Simplifying the City's Planning Code
f. Making recommendations on how to reform the CEQA appeal process
g. Raising the minimum requirements for a Discretionary Review (DR) and perhaps creating a mediation process to deal with many DR cases
h. Hiring more preservation planners and upgrading the department's technology
i. Getting the Eastern Neighborhoods Plan approved so owners and developers will know definitively where housing will be allowed and where light industrial space will be protected. This plan should also reduce legal challenges. 
j. Setting up a system for dealing with Individual Projects that would not need his direct involvement.

To contact the new director, email Mr. Rahaim at or call 415-558-6411.

Upcoming Events of Interest

May 29th – Energy Star Benchmarking Workshop - PG & E Energy Center - 851 Howard Street, 1 – 4 p.m. Register at This workshop is a must for every commercial office building that has not been scored using the EPA's Energy Star rating system. This benchmarking is required under state law by January 1, 2010. 

June 10 – 11, 2008 – California Commercial Real Estate Symposium – Hyatt Regency Sacramento – Register at  Don't' miss this conference! Legislators of the Year will be recognized at a dinner June 10th at the historic Firehouse Restaurant, and Secretary of Business, Transportation and Housing, Dale Bonner, will be the featured speaker at the Legislative Breakfast June 11th. Attendees will also enjoy a briefing from Chris Kahn, Deputy Chief of Staff for Legislative Affairs to Governor Arnold Schwarzenegger, and get a chance to visit their state legislators. BOMA California will also hold a statewide Board of Directors meeting on June 11th (1:30 – 5 p.m.) which is open to all members.

June 11th – Green Building Breakfast – Hosted by American Institute of Architects – SF, 130 Sutter Street, Suite 600, 8:00 – 9:30 a.m. RSVP to by June 4th. Program will feature Jared Blumenfeld, Director, San Francisco Department of the Environment, Jennifer Devlin, AIASF President, and Rich Chien, Private Sector Green Building Coordinator, SF Dept. of the Environment.

June 21- 24th – BOMA International Conference and Trade Show – Denver, Colorado. To register, go to

June 30th – Fundraising Breakfast with San Francisco Supervisor Carmen Chu – 8:30 a.m. – Palio d'Asti Restaurant – 640 Sacramento Street, SF. Help re-elect a Supervisor who understands and appreciates the value of a healthy business climate for San Francisco's economy!  Please rsvp to Ken Cleaveland at the BOMA Office.


Cooley Godward Kronish is a national law firm for the converging worlds of high technology, high finance and high-stakes litigation. Our clients include business organizations, entrepreneurs, venture capitalists, financial institutions, private equity firms, professional services firms and real estate owners and developers. Cooley has approximately 650 attorneys and represents clients in more than 20 industries.  

Cooley Godward Kronish's Real Estate group takes a commercial approach to real estate law. The firm has both a deep understanding of the law, and understands the practical realities of the real estate and capital markets. Cooley has strong relationships with banks, equity firms, mezzanine lenders and investors, which enable it to help clients secure financing and find transaction opportunities.
Cooley assists owners, operators, developers, lenders, tenants and institutional investors and advisors with a wide variety of real property and related capital markets transactions, including: acquisitions & dispositions, development, financings & capital markets, corporate facilities, leasing, land use & zoning. Our Real Estate group works closely with our Structured Real Estate Investments group on real estate transactions that involve complex joint ventures, preferred equity investments, mezzanine financings, asset collateralizations and securitizations, fund formation, syndications and structured asset acquisitions and dispositions. 

For more information, contact Manny Fishman, Esq.
Cooley Godward Kronish LLP =B7 101 California Street =B7 5th Floor
San Francisco, CA  94111-5800
Direct: (415) 693-2020 =B7 Fax: (415) 693-2222
Email: =B7


Unsubscribe here.