September 15, 2003  Volume 9, Number 7

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

Cox, Castle & Nicholson LLP 

BOMA Reaches Agreement with City Department of Environment on C & D Recycling Rules

Members of BOMA's Building Codes Task Force, Nor-Cal Systems, and the City's Department of the Environment (DE) reached a unanimous agreement on the key elements of a proposed recycling ordinance for construction and demolition (C & D) debris on September 10^th, at a meeting with the Director of the Department Jared Blumenfeld. The Director stated he wanted a proposal for C & D recycling that would be easy to understand, and effective in reducing landfill waste generated from all types of construction projects throughout the city. He did not want to cause possible delays in the building permit process. Therefore, the former proposal to link the recycling permit with the building permit has been withdrawn. The most critical part of the new proposal will have the DE create and issue a list of certified recycling facilities which every contractor doing a project in San Francisco will be required to use, or be prepared to furnish a separate recycling plan for DE approval prior to starting the job. The Department of the Environment will create the criteria for certifying a recycling center. BOMA is extremely pleased that this new method of tracking and diverting construction and demolition debris has been has been accepted by the Department of the Environment, and the association looks forward to supporting it when it is introduced at the Board of Supervisors. For details, contact Gordon L'Estrange, Chair, BOMA Codes TF, at 415-777-0768, ext 272, or Robert Haley, SF Environment Recycling Program Manager, at 415-355-3752. 

SF Multi-Tenant Office Buildings Urged to Apply for New Disabled Access Permit for Common Areas

BOMA's Building Codes Task Force worked for several years with the City's Department of Building Inspection, and in particular, Laurence Kornfield, Chief Building Inspector for the City, to craft an Administrative Bulletin to grant owners an easier means for documenting their buildings' common areas for accessibility compliance. That effort has resulted in AB - 056, the Disabled Access Compliance Status Documentation permit. The DBI has a worksheet to use when documenting the accessibility of a building's common areas, and is handled by Ron Tom, a senior inspector at the department. Mr. Tom may be reached at 415-558-6676. The intent of the permit is to save time and money by not requiring the owner to have to resubmit plans for common areas for each and every office tenant improvement permit application. For more practical input on how to take advantage of this new DBI permit process, members may contact Jeffery Feldman, an architect and member of the BOMA Building Codes TF, at 415-296-5328 or our TF Chair, Gordon L'Estrange, at 415-777-0768, ext 272.

SFSOS (San Francisco Save Our City!) Presents 1^st Year Report

The newly-formed grassroots political organization, San Francisco SOS www.sfsos.orgissued its first annual report last week. The organization has grown to over 35,000 registered local members in the City, and has identified over 100,000 centrist voters who agree with what the organization is trying to do. The mission of SFSOS is simple: energize voters to steer the city's politics toward middle/moderate positions that will protect jobs, enhance and improve the City's quality of life and public school system, and will create more opportunities for home ownership. The group successfully lobbied the Board of Supervisors to place an initiative on the November 4^th ballot that will mandate annual audits of the City's Public Works and Parks and Recreation departments, to ensure the city is keeping its streets and parks clean. That measure, Proposition C, the "City Services Auditor" initiative, was authored by Wade Randlett, the President of SFSOS, and has also been endorsed by BOMA's political action committee, the Chamber of Commerce, SPUR, Union Square Association, Plan C, and many others organizations. U.S. Senator Dianne Feinstein has been a major supporter of the organization from the beginning, and made two appearances on behalf of SFSOS at the Delancey Street Foundation in 2003.

BOMA-SF-PAC Contributes $10,000 to Support Proposition M: Anti-aggressive Panhandling Initiative

The BOMA San Francisco Political Action Committee has unanimously endorsed Proposition M, the anti-panhandling initiative authored by Supervisor Gavin Newsom, and has contributed $10,000 to support its passage. BOMA also co-hosted a recent breakfast at the City Club to promote the measure to other organizations and business leaders in the City. Prop M will replace the city's current outdated and unenforceable panhandling laws with a new specific citywide ban on aggressive solicitation and will restrict begging near ATM machines, check cashing outlets, on median strips and on/off ramps to the freeways, and in parking lots and garages. 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 should help discourage aggressive and unsafe panhandling. Members are encouraged to make a contribution to this effort. Make checks payable to Committee to Stop Aggressive Panhandling, 731 Sansome Street, 5^th Floor, San Francisco, CA 94111. ID# 1255521.

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, San Francisco Chronicle's witty and irreverent 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 relating to "quality of life". BOMA is pleased that several other business organizations are co-hosting this event with us including the Hotel Council, the San Francisco Apartment Association and the Union Square Association. Register online at www.bomasf.org.

BOMA Supports Sign Ban on City Utility Poles

BOMA's Government and Public Affairs Committee has endorsed Supervisor Fiona Ma's 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 both an attempt to reduce the cost to the city for abandoned signs removal, estimated at $350,000 annually, as well as to reduce the visual blight in the city, and enhance public safety. BOMA members agreed with the Supervisor that public property should not be used for private advertising. BOMA is also proposing a system of public bulletin boards to be placed across the city to allow people to advertise lost pets, garage sales, rallies, and the latest rave event, a system used in many European cities to concentrate such advertising into a select number of venues. The first hearing on the ordinance has been set for Monday, September 22, at 1 p.m. in the Land Use Committee before Supervisors McGoldrick, Ammiano, and Maxwell. For more information, contact Jaynry Mak, Ma's leg. assistant, at 415-554-7460.  

BOMA Condemns Gonzalez's Anti-Chain Store Legislation/Calls for Planning Code Changes

In a September 9, 2003 letter to Supervisor Matt Gonzalez, BOMA stated its opposition to his plan to require additional conditional use permits including neighborhood commercial notification for so-called "formula stores", or stores that have four or more outlets and have a standardized look, dicor, architecture, color scheme, signage or similar features in San Francisco. BOMA has called the legislation "unnecessary, economically draconian, and unwise." Gonzalez' legislation would also outright prohibit such establishments in the Hayes Valley and Cole Valley Commercial Districts. BOMA stated that national chain stores often pay better wages, benefits to their employees, and higher rents to property owners, and are generally better credit risks than smaller shops. This discrimination against one type of ownership is unfair, potentially illegal, and definitely more expensive to future chain or franchise store operators.  Worse, it further restricts businesses at a time when the city should be helping create more jobs and reduce local government red tape.

In a separate statement, BOMA stated its concern that the Board of Supervisors was being deluged with planning code appeals that rightfully should be determined once and for all by the Planning Commission. BOMA recommends the Board of Supervisor raise the threshold for permit appeals to the Board to a minimum of eight (8) Supervisors, rather than the current five (5). To fail to do this is to dilute the importance of the Planning Commission and the immense amount of time and effort its members put into reviewing every conditional use permit appeal. Additionally, three of the seven Planning Commissioners are now appointed by the Board of Supervisors President, and all are subject to the Board's approval, so the need to "second guess" the Commission has been reduced. This change would be a very good efficiency move, and was promoted by SPUR President, Jim Chappell, in an opinion piece in a recent edition of the San Francisco Business Times, as a change that would help stimulate more housing construction in the City.    

August Supply Company and BOMA-SF-PAC Announce Limited Time Offer to BOMA Members

A special opportunity for BOMA members to "contribute" to the BOMA PAC has been created by Bruce Schilling, owner of August Supply Company in Burlingame, California. For the rest of 2003, August Supply has agreed to donate 5% of net sales for qualifying products purchased from August by any new or existing BOMA member customer to the BOMA-SF-PAC, with a maximum PAC contribution of $250 per order. This very generous offer will allow firms who may have restrictions prohibiting PAC contributions to be able to support BOMA indirectly. For further information, members are urged to contact Bruce Schilling, the company owner, at 650-697-1187, ext. 136, or by email at bschilling@augustsupply.com.  

BOMA Urges Governor Davis to Veto SB 179 Citing New Unjustified Liability for Building Owners

Senate Bill 179, introduced by Richard Alarcon (D, Sun Valley) has passed the state legislature, and awaits a decision by the Governor. BOMA has taken a strong opposed stand on this from the very beginning, and has been joined by other groups, namely, the state Chamber of Commerce, and the California Association of Licensed Security Agencies, Guards, and Associates (CALSAGA). The legislation, if signed into law, will hold a building owner liable for any contractor's violations of state labor laws, if the owner "knew or should have known" of any facts that would have caused the contractor to fail to pay statutory wages or benefits such as workers' compensation payments under the contract. BOMA has argued, so far unsuccessfully, that only in instances where the owner actually knew of wrong doing should they be implicated along with the contractor. The standard of "should have known" is far too broad, and open to legal abuse. It would necessitate that owners conduct financial audits of a non-union contractor's business to determine if the firm would be violating state laws under this legislation. BOMA California considers this legislation promoted by the Service Employees International Union (SEIU) to be part of their organizing efforts as passage of this bill would make it very difficult for any building owner to use non-signatory contractors in the future. The Governor has 30 days from close of the session to make a decision.   Contact the BOMA SF Office (Francine Anderson - 415-362-2662, ext 10) for a copy of the BOMA "Veto Request Letter" to Governor Davis written by BOMA California's advocate Les Spahnn.

Silicon Valley Manufacturing Group Hosts Distributed Generation Seminar September 19^th

The world of Distributed Generation is changing quickly these days, and the opportunities for facilities (and buildings) to install such equipment are becoming more attractive and cheaper. There are new incentives for businesses to install self-generation systems, especially ones under 1 megawatt. Learn more at the seminar being sponsored by the Silicon Valley Manufacturing Group (SVMG) on September 19^th which will feature Susan Kennedy, a California Public Utility Commissioner, as keynote speaker, Ted Bischak, Vice President of Commonwealth Partners, who will discuss DG from a building owner's perspective, and others. The cost of the seminar is $40, and details/reservations can be made directly by calling Alex Leupp at the SVMG office at 408-501-7870.

California's New Family Temporary Disability Insurance Program Starts January 1, 2004

Firms will have to start withholding more money from workers beginning in January 2004, as part of the new state insurance program to cover employees who wish to take time off to care for a newborn infant, ill parent, child, spouse, or domestic partner. The new state "family leave" insurance plan will pay up to 55% of a worker's salary for up to six weeks. The salary deductions will apply to all businesses with at least one employee, even though firms with fewer than 50 employees are not required to offer family leave under Federal law. The initial withholding will probably be small, along the lines of $2 per employee per month, but that amount is subject to increasing as people use the benefits. This money is on top of the disability insurance fees workers already pay. The state will send employers instructions for filing the new deductions in mid-November.

First Annual Bay Area Conference on Regional Preparedness and Homeland Security October 1^st

The Bay Area Economic Forum, Bay Area Council, The Association of Bay Area Governments, and the Bay Area Science and Innovation Consortium (BASIC) are sponsoring a regional conference on Homeland Security October 1^st at PG & E's auditorium, 245 Market Street, from 8 a.m. - 4 p.m. The conference will address the need for comprehensive regional planning for possible terrorist events or acts, and will bring together an impressive roster of leaders from government, business, the technology community, first responders, and senior managers of the region's critical infrastructure. Sean Randolph, President of the Bay Area Economic Forum, has personally invited BOMA members to attend. The $85 registration fee includes both a breakfast at PG & E and a luncheon at the Hyatt Regency Embarcadero Hotel. Registrations must be received by September 19^th. Contact Gerrie Porciuncula at 415-981-6408 for additional information and/or reservation form.

Upcoming BOMA San Francisco Events: Mark Your Calendars!

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).

October 9^th, 8:30 a.m. - 11:45 a.m., Preparing for and Dealing with Workplace Violence Seminar, Bechtel Conference Center, 50 Beale Street, 2^nd Floor. Cost: $75 members/$95 non-members. Come hear a panel of experts including Joe Chiamparino, Director of Security for the Embarcadero Center, and Chair of BOMA's Security Committee, along with Captain Dennis Martel of the San Francisco Police Department, Ray O'Hara of CPP, Securitas, Jim Turner of International Assessment Services, and Garry Mathiason, an attorney with Littler Mendelson Fastiff Tichy & Mathiason, discuss the growing problem of workplace violence in America, the many contributing factors to it, and how to recognize potential problems and implement policies to reduce the chances of such incidents occurring in your properties. Register online at www.bomasf.org.                

November 6^th, 8:30 a.m. - 11:45 a.m., BOMA's Annual Building Codes Seminar, Palace Hotel. This seminar is always a MUST ATTEND for any commercial property manager of a multi-tenant building in San Francisco. The seminar will feature a number of important officials from the DBI, as well as knowledgeable members from the BOMA Building Codes Task Force.

Governor Davis Issues Workers' Compensation Reform Proposals

At a recent meeting with members of the Silicon Valley Manufacturing Group, Cassie Gilson, Senior Policy Advisor to the Governor, laid out what she believed will be part of reform legislation being pushed by the Governor. The conference committee of the state Assembly and Senate recently passed much of his recommendations, which are intended to roll back premium costs for the workers' insurance coverage by making a number of things:

>     Setting outpatient surgery fee schedules, strengthening prompt payments of benefits and encourage use of generic drugs

>     Expanding the use of managed care and create independent medical review

>     Cracking down on fraud

>     Increasing penalties for worst offenders who fail to pay employee claims and reduce employer penalties for minor delays

>     Requiring insurers to accept/reject workers' compensation claims in 45 days

>     Certifying medical bill review companies and claims adjusters who will develop appropriate standards for same

>     Expanding the use of alternative dispute resolution within unionized businesses to reduce the use of the state workers compensation appeals board process

>     Making credits transferable for employers who help employees return to work

>     Involving physicians earlier in the claims process

>     Promoting small business participation on the state commission that sets medical claim payments for work-related injuries

It remains to be seen if the reforms above will be carried forward successfully, once passed, and implemented fully. Many in the business community are skeptical that the state's leaders will really pass strong reforms that will be solid, consistently enforced, and result in more reasonable premium costs.

City Attorney Issues Oral Advice on Hardship Waivers for Office Buildings

Judy Boyajian, Deputy City Attorney who specializes in building code matters, recently shared an oral opinion with BOMA staff on the length of time for which hardship waivers for disabled access may be valid for in local buildings. According to Ms. Boyajian, there is nothing in state law that expressly authorizes the City to apply a hardship waiver granted for one permit to future permits. It is "not entirely clear that we can do this," she stated. However, for practical reasons, the Access Appeals Commission has historically allowed the Building Department to apply a single hardship waiver granted by the AAC to future alteration permits in certain cases without having to come back before the commission. According to Ms. Boyajian, the AAC has only done this where the condition causing the hardship was unlikely to change over time, such as with garage clearances of less than 8'2", non-complying elevator shafts or cabs, or insufficient space to install fully accessible bathrooms, and the situations were in large buildings with multiple tenants and frequent permit activity. In earlier years, the AAC granted "permanent hardship waivers" for such buildings, then began routinely limiting them to five years, and now has started using a three year standard, a reasonable standard according to Ms. Boyajian, as that is the length of a code cycle. Ultimately, whatever is granted by the AAC is the applicable time, which begins from the date of the AAC decision. For additional insights, contact Judy Boyajian at 415-554-4636 or email her at judy.boyajian@sfgov.org.

Bay Area Association of Disabled Sailors Needs Financial Assistance

Show your support for persons with disabilities by contributing to the Bay Area Association of Disabled Sailors! Laurence Kornfield, San Francisco's Chief Building Inspector, has been involved with this organization for years, and credits the organization with providing sailing opportunities on the San Francisco Bay for persons with disabilities, their families, and friends. The current fleet of four 24' - 30' sailboats, berthed at the South Beach Harbor and at the Berkeley Marina, provide adaptive equipment, such as gimbaled seats, to meet individual needs. Contributions are fully deductible as a charitable gift, and can be sent to BAADS, P.O. Box 77212, San Francisco, CA 94107. For more information, contact Laurence Kornfield, at 415-731-2563 or 415-307-6707.

BOMA Silicon Valley Celebrates 20th Year Anniversary!

Congratulations are in order for our sister organization of commercial property owners and managers, BOMA Silicon Valley, which will celebrate it's  20^th anniversary on October 7^th at the Sorbet Building in San Jose at a special reception from 5:30 - 8 p.m. To attend this complimentary event with free parking, contact BOMA Silicon Valley Executive Director, Robert Robledo, at 408-453-7222, or online at www.boma-sv.org. You'll be glad you did!

David Letterman's Top 10 Arnold Schwarzenegger Campaign Promises (from the August 7^th program)

#10 - To do for politics what he did for acting

#9 - Combine the intelligence of George Bush with the sexual appetite of Bill Clinton                        

#8 - A heaping teaspoon of Joe Wieder's dynamic body shaper in every pot.    

#7 - Every freeway gets a dedicated car chase lane.

#6 - Seek advice from elder political statesmen like Jesse Ventura                

#5 - Crack down on schools graduating students who can't bench press 180 pounds                   

#4 - Solemnly swear to support the constitution of Gold's Gym               

#3 - Goofiest named Governor since Pataki                 

#2 - Raise the minimum age for dating Demi Moore and, finally,

#1 - Speak directly to the voters in clear, honest, broken English.