August 13, 2003  Volume 9, Number 6

This issue of the BOMA San Francisco Advocate is brought to you by:

BOMA to Co-Host Informational & Fundraising Breakfast In Support of Anti-Panhandling Initiative

BOMA's Political Action Committee has unanimously endorsed Proposition M, the anti-panhandling initiative authored by Supervisor Gavin Newsom. BOMA will co-host a breakfast on August 28^th at the City Club (155 Sansome Street, 10^th Floor) along with the Committee on Jobs, the Downtown Association, and several other business organizations, to promote the passage of this much-needed ballot measure in November. Prop M will replace the city's current outdated and unenforceable panhandling laws with a new specific citywide ban on aggressive solicitation with clear definitions of restricted behavior. It will restrict begging at or near ATM machines, check cashing outlets, on median strips and on/off ramps to the freeways, and in parking lots. It will allow police officers to issue a warning before citing or arresting violators, and it will amend the current law to allow violators to clear their citations by attending a substance abuse and mental health screening and assessment program. By adopting clear, enforceable solicitation laws and diverting violators with substance abuse and mental health problems away from the criminal justice system and into the public health system, this initiative will help the City reform its existing programs. Members wishing to make a contribution to this effort should make checks payable to Committee to Stop Aggressive Panhandling, 731 Sansome Street, 5^th Floor, San Francisco, CA 94111. ID# 1255521. To attend the breakfast, contact Annie Yen at 415-928-2992, ext 102.

Two Upcoming SF Mayoral Forums Invite BOMA Members

The San Francisco Small Business Network is hosting a Mayoral Forum with KTVU-Channel 2 business reporter Tom Vacar moderating on August 13th at the City Club, 155 Sansome Street, starting with a 6 PM reception followed by the debate, 7-8:30 PM.   No charge. Please call the City Club at 415-362-2480.

A second opportunity is being offered through the American Institute of Architects (AIA), San Francisco Chapter, which is hosting their Mayoral Forum on August 25^th, also at the City Club, from 5-7 p.m. John King of the San Francisco Chronicle will moderate this event. No charge, but please respond to the AIA via email if attending at rsvp@aiasf.org.  

BOMA to Host District Attorney Forum September 25^th @Palace Hotel

The three candidates (including the incumbent) have agreed to face off at the BOMA luncheon on September 25^th at the Palace Hotel, beginning at 11:30 a.m. Terence Hallinan, Kamala Harris, and Bill Fazio have all accepted BOMA's invitation to be on the program, which will be moderated by Phil Matier (invited) San Francisco Chronicle's famed political columnist. Terence Hallinan, the incumbent DA, will defend his record, which includes the promotion of community courts and diversion programs for non-violent offenses. Kamala Harris, a civil rights attorney, and Bill Fazio, a criminal attorney, will present their plans for what they consider to be a more effective enforcement of the city's laws, including those considered "quality of life" such as public intoxication, public urination, aggressive panhandling, public drug use, etc. Don't miss this important program and opportunity to ask your questions of these three top attorneys seeking to be the next District Attorney for San Francisco. Check out the BOMA website www.bomasf.org to register.

California Building Standards Commission Votes to Adopt NFPA 5000 Codes

On July 29^th, on an 8-2 vote, the California Building Standards Commission adopted the National Fire Protection Association's Building Code 5000 as a replacement to the Uniform Building Code, rather than adopt the International Building Codes, which has been adopted by 45 other states (replacing the UBC or BOCA or Southern Codes). Building officials from across the state, industry representatives, the Silicon Valley Manufacturing Group, Chambers of Commerce, the architects, engineers, and even local Fire Chiefs and Fire Marshals testified in favor of the International codes during the all-day session, urging the commission to adopt a code that is prescriptive, detailed, and consistent with most of the rest of the country. Arnie Hollander, Ken Cochrane, Fred Freund, and Ken Cleaveland testified on behalf of BOMA. But it was all to no avail. The plumbing and pipe-fitters' union, firefighter unions, and the Western Association of Fire Chiefs had vigorously pushed adoption of the NFPA codes under the guise it would promote greater safety. In truth, the NFPA Building Code 5000 is very vague and incomplete, and will be far more open to local interpretation by local building and fire officials. The result of this incomprehensible action will be huge costs both to local governments for the training of their building department employees on the new code, and to the private sector, which will be subject to more uncertainty when developing plans, and higher construction costs. The NFPA Building Codes require wider stairways, more fire-resistant materials, and better anti-terrorism defenses. Once again, California will saddle its citizens with higher costs for questionable and untested improvements in safety. One thing is for sure: the adoption of NFPA's 5000 building code was a boon for the fire protection association, which until recently restricted its code development process to life safety issues. Now it stands to reap millions of dollars from the sale of its new code books and training services as the codes are meshed with California's existing codes. The NFPA 5000 Building code cannot be officially implemented until it is published, which is not expected for at least 3 years. For more information on the International Codes, and where they have been adopted, check out their website: www.iccsafe.org.

San Francisco Board of Supervisors Still Fighting Over "Care Not Cash" Proposal

The San Francisco Board of Supervisors has still not adopted the "Care Not Cash" proposal, passed by 60% of the voters last November. The measure, authored by Supervisor Gavin Newsom to re-direct general assistance cash into services remains up in the air. Efforts to get a 6-vote majority have remained elusive; even though several "hold out Supervisors" represent districts that strongly supported Care Not Cash last fall. Supervisor Tony Hall and Fiona Ma have both offered positive amendments. Supervisor Chris Daly got into the act by offering an alternative measure, which has been passed and signed into law, which will not allow the cash from GA recipients to be stopped until permanent housing has been procured. His measure will be trumped, however, if and when the Care Not Cash measure is passed by the Board. BOMA members are urged to send emails to the Board of Supervisors demanding they get the job done NOW! The homeless assistance program is long overdue for reform and the Board of Supervisors should honor the will of the voters (as they were so ready to do with the Instant Runoff Elections measure) and pass CNC immediately. The Supervisors must implement a process that stops the misuse of public funds for drug and alcohol consumption. To contact the Board of Supervisors, go to http://www.sfgov.org/site/bdsupvrs_index.asp.  

Boma, SF Apartment Association and CBH host luncheon for Leland Yee 

At a recent luncheon hosted by BOMA, the Apartment Association, and the Coalition for Better Housing, the Assistant Speaker Pro Tempore of the California Assembly, Leland Yee was honored for his interest, understanding, and concern for the problems facing the state's real estate industry. Approximately 35 people contributed $250 a piece to honor Yee at the Concordia Club luncheon August 1st. Yee said he was opposed to treating commercial and residential properties differently for the purposes of taxation, a major issue for BOMA members statewide. Yee serves on the Assembly Appropriations Committee, Health Committee, Business and Professions Committee, and the Jobs, Economic Development and the Economy Committee. He is a child psychologist by training, and a former San Francisco Supervisor and member of the San Francisco School Board. He is running for re-election in November, 2004.

Members wishing to send a contribution to his campaign may do so by sending checks ($3,000 maximum) to Leland Yee for Assembly 2004, 1005 12th Street, Suite 10, Sacramento, CA 95814.

Gavin Newsom To Receive BOMA's Public Official of the Year Award October 15^th

Supervisor Gavin Newsom will be recognized with BOMA's highest honor for public service on October 15^th at the annual luncheon meeting at the Palace Hotel. The Public Official of the Year award is bestowed on political leaders (elected or appointed) who have demonstrated support for the commercial real estate industry, and the business community as a whole. BOMA's Government and Public Affairs Committee Chair, Tim Falvey, stated that, "Gavin Newsom epitomizes the kind of business-friendly leadership this city so desperately needs at City Hall. His voting record shows it. His attempt to deal with homelessness and panhandling shows it. He will do more than anyone in a position of authority in San Francisco to rebuild our local economy with enthusiasm and intelligence." The BOMA Public Official of the Year award has been previously given to former Supervisor Leland Yee (now a member of the California Assembly representing San Francisco), former Supervisor Barbara Kaufman, and San Francisco Chief Building Inspector Laurence Kornfield, all of whom have worked (and continue to work) with our industry in very positive ways.

San Francisco City Hall News to Use:

City Propositions an Alphabet Soup That's Heating Up

San Francisco Voters will face an alphabet soup of letters representing 14 different ballot measures in the November 4^th elections. The BOMA Political Action Committee has taken a position on four of them at this time. They are:

Proposition C. This initiative will empower the City Controller to be the auditor of several city departments, primarily the Department of Public Works and the Parks and Recreation Department to ensure the goals of clean streets and parks is achieved. This measure was placed on the ballot by the Board of Supervisors at the urging of SFSOS. BOMA supports this measure.

Proposition D. This initiative will firmly establish a small business commission as a charter commission with its own staff, responsibilities, and duties. As such, the small business commission will become a more powerful guardian of the city's small business interests. BOMA supports this charter amendment.

Proposition K. This initiative will continue the ½ cent sales tax local authorization for transportation infrastructure improvements.  If passed, it will leverage about $9.6 billion in federal, state, and other local funding sources for projects desired in San Francisco including bus rapid transit/MUNI Metro network, construction of the 3^rd Street light rail extension to Chinatown, extension of Caltrain to the Transbay terminal, and replacement of the south access to the Golden Gate Bridge (Doyle Drive). This initiative is strongly supported by the Chamber of Commerce. BOMA also supports this measure to improve our local transportation system.

Proposition M. This initiative will address and ban aggressive panhandling in the City in several ways, and will direct violators into diversion programs for drug, alcohol, and mental health treatment. It will ban begging on median strips, at ATMs, on/off ramps to the freeway, and in parking lots. It was authored by Supervisor Gavin Newsom, and BOMA strongly supports it.

Graffiti Abatement Legislation

BOMA has proposed a compromise measure to the city's Graffiti Advisory Committee that the association hopes will help bring both owners of properties and citizens concerned about eradicating graffiti together. The gist of the proposal is a two notice system, wherein the first certified notice of graffiti would state the problem, location, and give the phone number for the Director of Public Works if the owner needs to request an extension or assistance to abate the problem. After seven business days, if there has been no response from the owner, a second certified notice would be sent with direct orders to abate or face a $500 fine. If there is no response after seven additional business days to this second notice, a citation would be issued. The citation and $500 fine would become final and payable seven calendar days after its issuance date. If the property owner does not respond at all after 30 business days from the date of the first notice, the fine would be automatically doubled. 20% of the fines collected would be designated for a "graffiti tagger information and apprehension fund", and 20% of the fines collected would be directed to the police department's graffiti abatement unit. The balance of the funds would go to graffiti eradication efforts of the Department of Public Works.

Supervisor Fiona Ma Introduces Sign Ban on Public Property  

Supervisor Fiona Ma has introduced legislation to ban the use of the city's lamp and utility poles for advertising signs, either commercial in nature or political. This sign ban proposal is an attempt to reduce the city's huge expenditures ($350,000 annually) used to clean up and take down signs that are left by companies and candidates and campaigns. Ma advocates the sign ban will reduce the visual blight in the city, and enhance public safety. The City's Public Works Clean Streets Czar, Mohammed Nuru agrees, and stated recently, "I don't think the use of public property for advertising is something we should be supporting." Most BOMA members contacted about this legislation also agree. It will remain the task of the City Attorney's office to argue that this proposal does not violate free speech rights, which will be a difficult fight. The DPW recently spent $20,000 taking down war signs announcing anti-Iraqi war protests, posted by the group International Answer. However, the group is refusing to reimburse the city for it costs, and has vowed to go to court to fight for its "right" to use public utility poles for its propaganda as a free speech issue.

Supervisor Aaron Peskin Introduces Ordinance Regulating Surfaces of Manhole/Sub-Sidewalk Basement Covers

Supervisor Aaron Peskin recently introduced legislation to require the installation of slip resistant manhole covers and sub-sidewalk basement covers in compliance with the ADA's recommended standards. The Director of Public Works will be authorized to enforce the ordinance, and assess building owners for fines of up to $1,500 per day per violation. The standard initially recommended by the DPW was the ASTM C 1028. However, the efficacy of that standard is still unclear, and the details of how this ordinance would be implemented are still being developed. BOMA has informed the Supervisor's staff that the association would like to be involved in this slip resistant cover issue. The ordinance was scheduled for its first public hearing on August 13^th, but will be continued until September 17^th to allow for more input on the standard of slip resistance needed, who should do it, how it should be enforced, and what input our industry might wish to provide. It will be heard before the Finance and Audits Committee. (The committee is chaired by Supervisor Peskin.)

Underground Utility Vaults In San Francisco To Be Required To Pay Higher Fees

The City's Department of Public Works, seeking new revenue sources, has decided to begin charging "rent" for the use of underground utility vaults sited on city property. The fees for the annual permit have also been substantially increased. The exact amount of the rent is still to be determined by the DPW, after meeting with BOMA and other affected parties. A total of 157 permits currently exist for underground utility vaults, and average about 300 square feet each. A list is available from Barbara Moy at the DPW (415-554-5801).

The annual permit is being increased to $763 from $200. These changes do not impact sub-sidewalk basements.

SF Department of the Environment Continues to Consider Construction & Debris Ordinance

After several meetings with BOMA's Building Codes Task Force, the City's Department of the Environment is still seemingly intent on crafting a new ordinance requiring the recycling of all construction and demolition debris from construction jobs, including those generated by office tenant improvements. The proposal currently would tie the recycling certification to the OTI permit. BOMA has strenuously objected to the additional costs and potential time delays that tying the OTI permit process to a recycling document would entail, and continues to be hopeful that the Department will adopt our alternative, which is to allow owners to simply certify they are using city-approved vendors to dispose of any C & D materials generated by their buildings.

SF Building Department News:
Upcoming DBI Brown Bags

The next Brown Bag Lunch Talk of relevance to commercial building managers will be held August 21^st, from 12 noon – 1:30 p.m., on the topic of energy rules for SF buildings. On September 18^th, the process for enforcement of codes and abatement will be discussed. The sessions are free and open to the public. Call Laurence Kornfield, Chief Building Inspector, at 415-558-6244.

BOMA Responds to Grand Jury Report on City's Building Department

In a letter to the Civil Grand Jury, BOMA responded to the criticism aimed at the Building Department and its management of plan review and inspections. BOMA pointed out its members represented probably the largest group of customers, dollar-wise, for the department, and is keenly aware, and interested in the keeping the permit process there as efficient as possible. BOMA disagreed with the Grand Jury's charge of undue influence by outside expediters and contractors on the department, and ascribed the charges to rumors and gossip rather than fact. BOMA's Building Codes Task Force regularly meets with the Department to discuss and understand departmental policies, and to be able to promulgate that information to its members. These meetings allow BOMA to build relationships with key staff, which are beneficial to the process, and hence to everyone, not just a few. BOMA also objected to the Grand Jury's recommendation to establish a central intake for all permit requests, and abolishing the commercial (and OTI) desks. This recommendation was also rejected by DBI Director Frank Chiu. There were a number of good suggestions in the GJ report, but its hype about corruption and mismanagement overshadowed any positives that might have been accepted as constructive.

Matt Gonzalez, President of the San Francisco Board of Supervisors, Speaks to BOMA

At a recent joint meeting of the BOMA Government and Public Affairs, PAC, and Board of Directors, San Francisco Supervisor Matt Gonzalez shared his thoughts on a number of local issues with the BOMA members. Gonzalez stated he thought the "progressives" were right on the issues, and that money from both business and labor has spoiled the political system. He further said the Mayor had spoiled local government decision-making by creating a patronage army. Gonzalez said the way for San Francisco to recruit new business was to focus on the "fundamentals", which he defined as good, affordable housing, good parks, schools and public transportation system. He said he believed the city was in transition, and that the business community needed to do a better job in addressing the community's needs in order to make San Francisco a more attractive place for new and existing businesses. Gonzalez opined the Board of Supervisors needed to have more control over the city's budget (at the expense of the Mayor) and that he was supporting a charter amendment that would give the BOS the power to make greater changes in the annual budget. Gonzalez said he also believed the annual memoranda of understanding between the city and its municipal unions should come in before the annual budget process begins.

Supervisor Gonzalez said he felt the Care Not Cash proposal was going to have to be amended to pass the Board, and reiterated his position that cutting the cash to homeless general assistance people was not going to solve the homeless problem. Gonzalez said he is also opposing the anti-panhandling proposal scheduled for the November city ballot. He believes the tension between the business community and progressives came as a result of poor city planning and the planning department's refusal to abide by the voter-mandated growth limits enacted in Proposition M. Finally, Supervisor Gonzalez said the Board was certainly aware of the city's job flight, but that it wasn't really equipped to deal with it. He stated he believes the city needs to review its business tax structure and make reforms to it that will include a component linked to future business development. Gonzalez ended the meeting with BOMA with the prediction that more election victories for progressives were to come because "their side is growing faster than yours!"

Upcoming Events of Note for BOMA Members

August 27^th, 6-8 p.m., Gavin Newsom Reception at the Fairmont Hotel (Pavilion Room). Contribution requested: $250 per person. Make checks payable to Newsom for Mayor, ID# 1250905, and mail to 4104 24^th Street, Suite 766, San Francisco, CA 94114.

September 10^th, noon, BOMA-SF-PAC Briefing at the BOMA office. Come hear about BOMA efforts in the political arena, and how its political action committee is defending your property rights and values. Learn how you can help! Lunch provided. No charge.

October 7^th, 11:30 a.m., Commercial Recycling 101 Brown Bag, 650 California Street, Basement Conference Room. No Charge. Come hear how to create and implement an effective commercial recycling program in your building. Get the facts from the members of the BOMA Recycling Task Force who have done it! RSVP to the BOMA office. (Francine Anderson, 415-362-2662, ext 10)