October 31, 2006
Volume 12 , Number 5
Issue of the BOMA-San Francisco Advocate Is
Brought To You By
Window Solutions -
The Premier 3M Window Film Specialist
Special Pre-Election Issue!
BOMA San Francisco Political Action Committee Endorsements:
BOMA San Francisco formed its political action committee
in 1987 to defend the interests of commercial real estate in
San Francisco, the Bay Area, and the state. The PAC solicits
contributions from its members each year to help support or oppose
issues and candidates that impact our industry. The real estate
industry is under constant assault in San Francisco and the rights
of property owners must be constantly defended as a result. Thus,
the support of the BOMA members for our Political Action Committee
is vital to keeping your businesses successful and your properties
a valuable asset. Here is the position of our PAC Board on the
upcoming election in San Francisco. The position of our state
association on a number of state propositions follows.
No On Proposition E - This measure was placed
on the ballot by Supervisor Chris Daly at the very last minute,
without any discussion, or public input, and will raise the
parking tax from 25% to 35% of the total parking cost, a 40%
tax increase. Despite the fact that another supervisor was
preparing legislation to better enforce collection of the city's
current parking tax revenues, and despite the fact that raising
parking fees hurts everyone equally, regardless of ability
to pay, and despite the fact that parking rates are already
sky-high and our parking tax the second highest in the country,
Supervisor Daly (with the concurrence of Supervisors Aaron
Peskin, Tom Ammiano, and Ross Mirkarimi) went ahead and placed
it on the ballot. This measure, if passed, will hurt commerce
and affect jobs. It must be defeated. VOTE NO ON PROP E.
[To help fight this tax increase, contribute to the No on E campaign
by logging onto www.noonpropositione.com, or mail a check to No on Proposition E, Stop the Unfair
Tax Increase! (FPPC ID# 1289924) and mailing it to 268 Bush Street,
#3048, San Francisco, CA 94104. Corporate checks ok.
No on Proposition G - Formula Retail Restrictions
- This measure is another attempt to make it more difficult
for so-called "chain stores" to open in San Francisco. Chain
stores are defined as any company with 11 or more outlets,
worldwide. It would require all such stores to go through a
lengthy Planning Department Conditional Use Permit process,
and would cause delays and raise the costs to open a "chain" store
in San Francisco. This anti-free market measure would deprive
San Franciscans of the right to vote with their pocketbook
as well as have jobs with larger companies which can afford
to provide health benefits, paid sick leave, vacations, and
pension programs to their employees. Vote No on Proposition
G! It's bad business.
No on Proposition I - This "Gotcha" proposal
was concocted by Supervisor Chris Daly to embarrass the Mayor.
Having failed to get it passed at the Board of Supervisors,
he is promoting the idea directly to the voters, and is using
it and other ballot measures to pump up his leftist activists
to turn out on election-day. This resolution calls for the
Board to study passing a law that would require the Mayor to
appear before the Board of Supervisors once a month to face
interrogation from the Board members. It's inappropriate and
a personal attack on the Mayor. It should be soundly defeated.
Vote No on Prop I!
SF District Supervisor Endorsements:
District 2 (Pac Heights, Marina, Cow Hollow) – Michela
Alioto-Pier. Highly qualified, with a track record of
promoting and supporting the business community and jobs in San
Francisco, Supervisor Alioto-Pier richly deserves a second term.
Michela is also the 2006 winner of BOMA's Public Official of
the Year for her leadership in promoting payroll tax credits
for biotech, greentech, and film companies. She was also the
prime mover of Proposition I in 2004 which mandated the city
do an economic analysis of any legislation before passing it
that might have some impact on jobs and the local economy. This
Proposition became the source of a lawsuit filed earlier this
year by the Chamber of Commerce, BOMA, and the Committee on Jobs
because the city was not implementing the voter-approved initiative.
Contributions should be sent to Michela Alioto-Pier for Supervisor,
2443 Lombard Street, San Franicisco, CA 94123. (FPPC # 1265030).
Only personal or partnership checks are allowed - up to $500.
No corporate contributions. Extra! There is a fundraising event
at the home of Dede Wilsey on November 1, 2006 at 2590 Jackson
Street, 6 p.m. – 8 p.m. if you want to attend the Supervisor's
next re-election event. Do it! Help elect Michela Alioto-Pier
by visiting her website at www.michelaaliotopier.com. The
phone number for the campaign: 415-415-440-2221.
District 4 (Sunset) – Doug Chan. A
fourth-generation San Franciscan, and Stanford graduate, Doug
Chan is a business attorney, former Police Commissioner and
has the endorsement of Mayor Newsom to fill the seat being
vacated by Supervisor Fiona Ma, who is running for the California
Assembly. Help elect Doug Chan by visiting his website at www.electdougchan.com and
making a donation today! He is the most qualified person for
this Supervisor seat. Extra! Special fundraising luncheon
for Doug Chan is scheduled for Wednesday, November 1, from
12:00 (noon) to 1:30 p.m. in the offices of Platinum Advisors,
One Ferry Building, Suite 350. Contributions of $25 - $500
are requested, but must be personal or partnership checks.
No corporate contributions. Call Meghan Doran (415-955-1100,
ext 111) if interested in attending. Doug Chan's address for
mail: 1836 Noriega Street, SF, CA 94122. FPPC #1282924.
District 6 (South of Market, Treasure Island, Tenderloin)
- Rob Black. As a former aide to Supervisor Alioto-Pier,
Rob Black has made this race against Chris Daly a very competitive
one. He is sharp, business-friendly, compassionate, articulate,
and has a track record of working with competing parties
to solve problems. Black listens while the current supervisor
yells. Rob is civil, while Daly is throws temper tantrums.
Public safety is a pressing problem in the south of Market,
as are clean streets, less graffiti, and an end to open drug
dealing/drug use. District 6 has three times more crime than
any other area of town, yet public safety is has not been
a priority for Supervisor Daly. He has repeatedly fought
against the police and has held up their funding multiple
times. Black has a chance to bring balance to District 6.
He is endorsed by Mayor Gavin Newsom. Help him by making
a contribution TODAY....go to www.robblack2006.com. Or mail your check to Rob Black for Supervisor, P.O. Box
410594, San Francisco, CA 94141. FPPC # 1285801. Personal
or partnership checks only. Please state your employer, employer
address and your position with the company/organization in
your transmittal letter. Get involved by calling 415-255-3078.
District 8 (Castro, Noe Valley, Glen Park, Upper
Market) - Bevan Dufty. Supervisor Dufty has been
a moderate voice on the Board, and has tried to balance the
needs of tax payers with tax takers. Progressive on social
issues, but sensible on fiscal matters, Dufty has been a
key sustaining vote for Mayor Newsom's vetoes of really bad
legislation time and time again. He deserves re-election.
Dufty is accepting individual contributions up to $100. Check
BOMA California Position on State Candidate Races
and Ballot Propositions
State Senate District 8 - Leland Yee.
Leland Yee has been a tireless legislator who listens to
all sides and appreciates the difficulties of running a business
in California. On our behalf, he is leading an effort to change
the state's security deposit law covering commercial real estate
leases. BOMA has proposed that commercial landlords be allowed
to apply security deposits to any lost forward rent of defaulting
or bankrupt tenants. Recent court decisions have necessitated
a legislative fix to restore this previously-held right of commercial
property owners in California. Yee does not favor split roll
taxation. BOMA strongly opposes any split-roll taxation proposal
as unfair. Yee's background as a member of both the San Francisco
School Board and the San Francisco Board of Supervisors has qualified
him to understand the needs of San Francisco, and to work to
ensure the City gets its fair share of the state's resources.
He is a recipient of BOMA's Public Official of the Year award
from BOMA San Francisco, and last year received BOMA California's
Legislator of the Year award. BOMA endorsed Leland Yee in his
hard-fought campaign to win the Democratic nomination last June
against former San Mateo Supervisor Mike Nevin. Yee prevailed
because he had proven himself as an effective state assembly
member, and deserved to move up to the state Senate. For more
information, go to www.lelandyee.com.
State Assembly District 12 - Fiona Ma. Fiona
Ma has been a voice for fiscal restraint and common sense on
the San Francisco Board of Supervisors. She has worked with
the Mayor to sustain important vetos against leftist measures
passed by the current so-called "progressive" majority, and
she has been a staunch supporter of homeowner rights and the
preservation of the Ellis Act, which allows property owners
to get out of the rental business. Ma has always supported
good legislation aimed at stimulating the local economy and
job growth by supporting payroll tax credits for emerging industries
such as biotech, nanotech, and green tech. She has supported
the Mayor's Care Not Cash program to help the homeless, and
the passage of Proposition I, which mandates the city analyze
legislation for its economic impacts. Ma has also been a firm
supporter of cleaning up San Francisco's neighborhoods of graffiti
and illegal signage.
BOMA's PAC actively supported Ma in her Democratic primary race
against Janet Reilly. To learn more about this remarkable leader,
go to www.fionama.com.
State Assembly District 13 – Mark Leno.
Mark Leno has no real opposition for re-election to the CA
General Assembly this year, and for good reason. He has been
a thoughtful legislator who has been out front on issues of
social justice, while taking a more pragmatic approach to issues
dealing with taxes, real estate, and regulations affecting
our industry and the business community in general. Leno has
been a strong voice for the citizens of San Francisco. He was
recently recognized for his leadership by being tapped to be
the next Chair of the Assembly Appropriations Committee, arguably
the most important post after the Speaker's. Leno is a voice
for compassion and reason. He has earned re-election to another
term. To help his campaign, visit www.markleno.com.
November 2006 State Ballot Propositions
Proposition 1A - E - These five measures relate
to the infrastructure bonds the Governor and state Legislature
agreed to place before the voters. They cover a variety of state
infrastructure needs including roads, public transportation,
port and airport security, air quality enhancements, housing,
home ownership opportunities for low/moderate income residents,
new educational facilities, seismic upgrading of the state's
levees, and even a requirement that gas tax dollars borrowed
from the state's transportation fund in the future be returned
within 3 years with interest! BOMA California supports all five
of these measures.
Proposition 87 - Oil Tax for Clean Energy -
BOMA California supports the use of alternative fuels and cleaner
energy, but must join with many other business and labor groups
to oppose this new tax measure. Prop 87 would establish a $4
billion program to reduce the use of fossil fuel and promote
clean energy by increasing the taxes on oil pumped in California.
This would result in more imported oil and higher gas prices
at the pump for all consumers.
Proposition 88 - Parcel Tax for Education -
BOMA California supports quality public education, but this measure
will not do that. A $50 per parcel per year tax, this proposition,
if passed, would raise an estimated $450 million each year for
specific education programs, which is not nearly enough to do
the job right. School districts should handle passing their own
parcel taxes, not the state. Further, the funds collected from
this proposition could be distributed to any school district
in the state, regardless of where they were collected. This constitutional
measure should be defeated.
Proposition 89 - Public Financing of Campaigns
- BOMA California does not support the use of tax dollars to
help people run for public office. It's a misuse of public funds.
Worse, this constitutional change would prohibit corporate contributions
to candidates, but not union contributions. It would prohibit
candidates from using their own money to run for office if they
accept the public financing, and to pay for this public financing
scheme, corporate taxes would be raised. Vote No on Prop 89.
It's bad for business.
Proposition 90 - Acquisition of Private Property
by Government - On the face of it, Prop 90 looks like a good
proposition for property owners, as it requires that any private
property taken by eminent domain be appropriately compensated,
and that the reason for the condemnation be for a specifically-approved
public project, such as roads, parks, public facilities, increasing
public safety, etc. The measure also would require the newly-acquired
property to be retained for public use (i.e., not sold to another
private developer for commercial use). On the other hand, while
reform of the use of eminent domain is needed, this measure would
severely restrict the ability of local governments to pass zoning
or land-use laws, and would create mountains of litigation between
property owners and local/state governments that would sap funds
from vital public services. BOMA California supports reforms
of eminent domain laws, but not through the referendum process.
Such efforts should be done legislatively. Prop 90 superimposes
restrictions on local land use decision-making. Vote No on Prop
Business Organizations Agree to Settlement on Proposition
Last July Superior Court Judge Ronald Quidachay ruled
that the SF Board of Supervisors does not have the power to waive
their obligation to have proposed legislation reviewed for its
economic impact on the city. This lawsuit was brought by the
SF Chamber of Commerce, the Committee on Jobs, BOMA and others
because Proposition I, passed by the city's voters in November,
2004, was not being implemented, and the Board had adopted rules
that allowed it to waive the requirements of Prop I. The Judge
ruled in favor of the business organizations, and gave the city
30 days to respond what they intended to do. On October 10th,
the business groups filed a petition to dismiss the case against
the City if the City agrees to abide by a compromise settlement.
That settlement states: "The Controller's office shall review
all legislation introduced to the Board of Supervisors to determine
whether it might have a material economic impact on the City." The
Controller will then put the proposed legislation into one of
three categories: One that will require economic analysis that
shall be undertaken within 30 days, one that states the Controller
intends to conduct an economic analysis at some future date when
more information is known based on the requirements of the legislation,
and one where an economic analysis is not required. This decision
on each piece of legislation will be posted on the Controller's
website within 10 days of each piece of legislation being introduced.
BOMA, the Chamber, the Committee on Jobs, and others are pleased
that a settlement was worked out with the Controller's office,
which will be final on December 1, unless the City appeals. The
intent was simply to have the City comply with Prop I. This settlement
accomplishes that goal. Stay tuned....
Mayor Commissions Study on Barriers to Business in
In 2006, the City is undertaking its first-ever comprehensive
planning process devoted to economic development, as initiated
by passage of Proposition I in November of 2004. Proposition
I mandated the preparation of a long-term economic development
plan and survey of employment barriers by the Mayor's Office
of Economic and Workforce Development. This mandate is a unique
opportunity for the residents and businesses of San Francisco
to come together around formulation of our key values and priority
goals for economic development and for the City and its economic
development partners to coordinate implementation of strategies
and programs. Throughout the 2006
planning process, this website will serve to inform the community of progress
on the Economic Strategy and of opportunities to participate
in its formulation. If you have any questions regarding
the Economic Strategy, please email firstname.lastname@example.org.
All Star Cast Featured at BOMA SF's Annual Codes
The list of speakers at the BOMA San Francisco annual
codes seminar was impressive this year. Held on October 12th
at the Bechtel Conference Center, a lovely and very secure facility
at 50 Beale Street, the seminar reviewed Title 24 changes affecting
lighting, disabled access, and electrical/mechanical systems.
Leading the list of speakers from the city building department
were Laurence Kornfield, Chief Building Inspector and codes expert,
Robert Farrow, Chief Plumbing Inspector, and Cpt. Bill Mitchell
of the San Francisco Fire Department. Representing PG & E (on
lighting) were Jim Chace, Executive Director of the Energy Center,
and Jeannine Komonosky, PE, who gave a most enlightening and
thorough presentation. Picking up on the mechanical upgrades
that are now required was Rich Wells of Glumac, while architect
Skip Soskin of Huntsman Architectural Group reiterated the disabled
access code changes now required in existing buildings. Laurence
Kornfield reminded BOMA members that the City now has a special
permit for disabled access compliance in common areas that will
help facilitate future OTI permits with fewer sets of plans having
to be submitted to the Department. (See Administrative Bulletin
#56) The City's Chief Plumbing Inspector, Bob Farrow is in charge
of making sure all buildings covered by the sprinkler retrofit
law, which went into effect February 15, 2006, are in compliance,
and have documented that compliance with the City. He is also
handling any requests for extensions under a very strict set
of circumstances. Pete Ratto of Golden Gate Disposal discussed
the practical application of the city's new construction debris
recycling ordinance, and Rob McNeill with Otis Elevator rounded
out the day with a review of the new rules governing who can
service your building's elevators. Brad Tardy of Metro Construction
was the chief organizer and master of ceremonies for the morning
A few tidbits from the seminar:
* A new priority permitting administrative bulletin has been
released. (see next story)
* Over the counter permits for OTI projects are being issued
for simple jobs only.
* A fašade protection administrative bulletin is in the works
for existing buildings.
* New regulations governing "green buildings" have been issued.
* The Administrative Bulletin (AB 37) dealing with diagonal distance
required for exits is being revised.
* Standardized occupancy load signs are now required in all areas
of public assembly.
* New capacity charges are being assessed building owners who
increase the number of bathroom fixtures in existing buildings.
* An easy-to-follow annual high rise inspection guide has been
issued by the Fire Department (and is on the BOMA SF website)
A special thank you is extended to our lead sponsor for the
seminar: the San Francisco Electrical Contractors Association
for their generous underwriting of the event. Additional thanks
to Alliance Roofing, BCCI Construction, CAC Real Estate Management,
and R.N. Field Construction for their program sponsorships
of this important annual educational event.
San Francisco Building Department Issues Priority
The San Francisco Building Department recently issued an administrative
bulletin describing the types of future permits that would be
given preference in being reviewed and approved by the City.
The normal process is based upon time of submittal. The intent
of the department in issuing this bulletin is to provide their
employees an objective means by which to identify projects that
are currently entitled to priority processing. Priority processing
is allowed for projects that forward a "compelling public policy" or
provide a tangible public benefit. The list of such compelling
public policy objectives or public benefits included necessary
emergency work to secure the health or safety of building users
or the public, work on city-owned buildings, work to provide
disabled access, work to install solar photovoltaic systems,
work to maintain/preserve historic buildings, work that will
meet or exceed LEED (Leadership in Energy and Environmental Design) "gold" rating,
work that builds 100% on-site new affordable housing, work that
was delayed by an earlier procedural error on the part of the
City, work that is being done to correct a NOV or other abatement
notice, or work that is urgent and would lead to significant
public benefit. Projects seeking to receive priority permit processing
must also document the necessity using a new DBI form: Documentation
of Findings for Priority Permit Processing. The assignment of
priority permits shall be reviewed on an annual basis to make
sure the public policy objectives are being fulfilled and to
make/recommend changes to the priority permit process.
Upcoming BOMA Programs:
November 2 - BOMA SF Earth Award Workshop sponsored
by the Environment Committee. 11:30 a.m. at the Embarcadero 4,
Conference Center (Esplanade Level). This workshop is being held
to introduce BOMA members to the new Earth Award criteria and
application process for the 2007 program.
November 9 - Fred Adabi, San Francisco's Director of
Public Works, will speak to BOMA members at the Government
and Public Affairs Committee meeting on Thursday, November 9th,
at noon. Lunch is provided, but members must rsvp directly to
me email@example.com to attend. Open to members only.
November 16th - Tom Hart, with the Shorenstein Company,
will be our special guest speaker at the monthly BOMA luncheon,
Hotel Nikko, 11:30 a.m. Open to members and guests but advance
reservations required. Sign up online at www.bomasf.org.
National Issues Conference Returns to Washington,
D.C. March 12-13, 2007
Registration is now open for the 2007 National Issues
Conference in Washington, D.C. Please join BOMA International
on March 12-13 when we visit Capitol Hill to discuss the issues
impacting the commercial real estate industry. This is an exciting
opportunity for BOMA members to meet their elected representatives
and senators in support of BOMA's key issues. The National Issues
Conference will be the springboard for an aggressive advocacy
effort in 2007. Learn more and register...Contact: Noah Marine
(202) 326-6365 firstname.lastname@example.org.
Window Solutions - The Premier 3M Window Film Specialist
For over 30 years Window Solutions has specialized in
installing solar control window films to reduce the heat load,
reduce energy bills and qualify owners for utility rebates in
the Bay Area. Such applications can pay for themselves in just
a few years and keep valued tenants more comfortable. Window
Solutions recently applied film to the BOMA San Francisco office
windows. Both staff and visitors will attest that it has made
a significant difference in the comfort level of their offices
and conference rooms. Window Solutions also specializes in the
installation of privacy and anti-graffiti films. Window filming
is a low-cost/high benefit investment in both saving energy costs
and enhancing tenant comfort. Call Debbie Shea at 415-250-8411
to arrange a free energy calculation and cost estimate.