October 31, 2006
Volume 12 , Number 5 

This 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 out www.bevandufty.com. 

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 90.

Business Organizations Agree to Settlement on Proposition I Lawsuit
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 San Francisco
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 sfecstrategy@sfgov.org.

All Star Cast Featured at BOMA SF's Annual Codes Seminar
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 event.

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 façade 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 Permitting Bulletin
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 kenc@boma.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 nmarine@boma.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.