BOMA GAPAC Member Doug Hayward Appointed to San Francisco Graffiti Advisory Board

BOMA San Francisco Members,

Doug Hayward, an active member of BOMA San Francisco's Government Affairs Policy Advisory Committee was recently been appointed by San Francisco District 8 Supervisor Scott Wiener to hold a seat on the San Francisco Graffiti Advisory Board (GAB).

M. Cashion; D. Shea

Mr. Hayward follows BOMA's previous appointees, Debbie Shea and Mike Cashion who have been part of your association for many years.

Members of the GAB are appointed by the Mayor and Board of Supervisors to review and evaluate the services and programs in place to respond to graffiti prevention, abatement and enforcement in order to improve them.

BOMA California Advocacy News Alert - AB 1164 Lien Bill DEFEATED

BOMA San Francisco Members:

BOMA California members and staff have defeated a measure that may have harmed your ability to manage your property, AB 1164.  This was a bill that would have allowed an employee to file a wage lien on any 'property upon which the employee bestowed labor for the benefit of the property owner and with the owner's consent and knowledge that such labor was being provided.'

This directly allows an employee who performs work in an off-site location to file a wage lien against a third party. Under this bill, a cable installer could file a wage lien against any building in which he installed cable.

Thank you to our advocates in Sacramento for defending the California commercial real estate industry.

BOMA International's Winter Business Meeting and National Issues Conference + 2014 National Issues Report

 BOMA San Francisco leaders meeting with Rep. Jackie Speier in 2012

BOMA San Francisco Members,

A number of BOMA San Francisco leaders and staff members are attending the 2014 Winter Business Meeting and National Issues Conference in Washington D.C. from February 2nd through the 5th.

The conference offers the ideal forum to debate the most pressing industry issues and concerns and provides BOMA members the opportunity to discuss legislative issues of importance with their elected representatives in Washington, D.C.   In short, our members join their colleagues from around the country and internationally to communicate the commercial real estate’s message to Congress in a unified fashion. 

A report on our members' congressional and industry meetings will be forthcoming.

2014 Issues Report Now Available

The digital version of the new and revamped 2014 Issues Report is ready.  Click here to review it.

For 2014, BOMA International has replaced our the older format Issues Report, which detailed all of BOMA’s relevant legislative and regulatory policies, with more of an annual report that gives a new perspective of the issues and the politics behind our issues. The issue summaries are still available to you at any time on the website or you can contact the BOMA Advocacy staff.

Electronic Cigarettes Legislation in San Francisco

BOMA San Francisco Members,

Electronic cigarettes, or e-cigarettes, are not regulated in San Francisco at present.  Supervisors Eric Mar, John Avalos and David Chiu introduced an ordinance that would amend the San Francisco Health Code to:

• Prohibit the use of electronic cigarettes where smoking is otherwise prohibited; 
• Require a tobacco permit for the sale of electronic cigarettes; 
• And prohibit the sale of electronic cigarettes where the sale of tobacco products is otherwise prohibited.

BOMA San Francisco's Advocacy Team and Government Affairs Policy Advisory Committee (GAPAC) are currently reviewing the legislation.  More information on our members' position will be reported soon.  Please contact johnb@boma.com for any questions you may have.

FINAL REMINDER - Tenant Bicycle Access Ordinance - Bicycle Access Plan and Exception Form Due January 31, 2014

BOMA San Francisco Members:

REMINDER - January 30, 2014

The San Francisco Department of Environment has kindly extended the date for BOMA members to submit the Bicycle Access Plan and/or applicable exemptions with the Department to January 31, 2014.

Please contact the Department of the Environment with any questions:

CommuteSmart
San Francisco Department of the Environment (SF Environment)
City & County of San Francisco
Phone: (415) 355-3727
Email: CommuteSmart@sfgov.org

--------------------

UPDATE - November 4, 2013

The San Francisco Department of Environment has kindly extended the date for BOMA members to submit the Bicycle Access Plan and/or applicable exemptions with the Department to January 31, 2014.

--------------------

UPDATE - October 30, 2013

With regard to the Tenant Bicycle Access in Existing Commercial Buildings Ordinance a property owner or manager must file a Bicycle Access Plan and/or any applicable exemptions with the San Francisco Department of Environment by October 31, 2013.  If you have any questions or need assistance, please contact CommuteSmart@sfgov.org.

Bicycle Access Plan

BOMA members only need to fill out this form if there are specific details and limitations on bicycle access in the building.  This includes the route to elevators or stairs that accommodate bicycle access or the route to a designated area for bike parking and other information as listed in the law.  If you allow full bicycle access in your building without restriction, you do not need to fill out the Bicycle Access Plan.  

It is user friendly and can be submitted online.  You will receive an email confirmation of your submission (please check your spam filter if you do not see it).  The Plan will be kept on file at the Department of Environment and made available upon request to tenants. If you have already submitted a Bicycle Access Plan and would like to update a it, simply re-submit a Plan with the included updates. 

Exemption

An exemption form is required if

• Your building’s elevator is not available for bicycle access due to substantial safety risks; or 

• Alternate covered off-street or alternate indoor no-cost bicycle parking that meets the security requirements of Planning Code Section 155.1(a)(6) and (7), meets the quantity and other requirements identified in the existing Planning Code, and is available within three blocks or 750 feet, whichever is less, that accommodates all tenants requesting bike access. 

The Department of the Environment, after consultation with the Municipal Transportation Agency and Department of Building Inspection, will either approve or deny the exception request. Commercial properties that file for an exception should also complete a Bicycle Access Plan to ensure that tenants are aware of the specified location to park their bicycles. 

--------------------

UPDATE - May 21, 2012

The Tenant Bicycle Access in Existing Commercial Buildings Ordinance is now law.  We're honored to work with the San Francisco Bicycle Collation and Supervisor John Avalos' office to make this a reality.

Two articles were published in FM World (BIFM’s Facilities Management magazine) regarding the new law:

• San Francisco beefs up bike access laws | FM World – the BIFM’s Facilities Management magazine http://shar.es/2yUee
• Think Tank: FMs vote for cycle parking | FM World – the BIFM’s Facilities Management magazine http://shar.es/2yOi3

What are the next steps for BOMA San Francisco Members?

Please click here to access a FAQ sheet to review what this ordinance now requires of commercial building owners and managers.  BOMA members (and non-BOMA members) will, at a tenant’s request, now have to:

• Allow bicycles to be brought into the tenant space/or into a bike room on site for tenant employees only.
• A building owner and manager will have to allow bicycles in the building without restriction (e.g., no prescription on path of travel, elevator use), but if they choose to restrict full access in anyway, they must fill out a Bicycle Access Plan (BAP) and submit that document to the San Francisco Department of Environment.  NOTE: the San Francisco Department of Environment is currently developing the BAP. 
• If a building owner and manager chooses to restrict bicycle access, they must provide  parking (e.g., a bike room on site) and detail the location of the parking area and access to it in a BAP.
• OR a building owner and manager can fully restrict bicycle access to the building.
• If the building owner and manager decides to file an exemption to the BAP then they must locate no-cost secure bicycle parking (e.g., via neighboring garage) within three blocks or 750 feet - whichever is less - for all employees of a tenant who requests bicycle parking. 

The new law does not require building owners to build a bike room or dedicate a specific space for bicycle parking. It does allow the tenant’s employees to bring their bikes inside their rented space if the building owner does not provide them with a separate and secure storage area. If a building owner chooses to build a bike room, this legislation does not prohibit charging a reasonable fee for use.

If you have any questions please contact John Bozeman at johnb@boma.com or (415) 686-9652 x 11

San Francisco's Department of Environment Director Melanie Nutter Resigns

BOMA San Francisco Members:

As you may have heard, the director of San Francisco's Department of the Environment (DOE), Melanie Nutter has resigned from her post to spend more time with her family.  BOMA San Francisco's members - particularly the representatives of the Energy & Environment Committee - thank Director Nutter for her public service and leadership of this integral San Francisco department.

The BOMA Advocacy Team looks forward to continue working with the DOE to help the City and County of San Francisco continue to be a leader regarding energy, water and overall environmental sustainability in the commercial real estate industry and all other sectors of the economy.

Click here for pictures from a recent Department off the Environment open house at their office.

City of San Francisco Office of the Assessor Recorder Survey - February 7, 2014 Deadline

UPDATE - January 27, 2014

BOMA San Francisco Members:

In April of 2013, BOMA San Francisco members met with San Francisco Assessor Recorder Carmen Chu to discuss her leadership of the department.  In that meeting, Assessor Chu explained her want to improve the Office of the Assessor Recorder's website and technology in general throughout the entire division.

To that end, please take a moment to fill out this brief survey to help the department with redesigning its web presence to serve the public efficiently.

The deadline for submitting your thoughts is February 7, 2014.

---------------------

Original Post - April 19, 2013

Newly appointed San Francisco Assessor Recorder Carmen Chu spoke to BOMA leaders recently.  

Ken Cleaveland, Carmen Chu and John Bozeman

The Assessor-Recorder is responsible for equitably and effectively administering the property assessment system of the City and County of San Francisco. The duties of the Assessor-Recorder include locating all taxable property in San Francisco and identifying the ownership, establishing a taxable value for all property subject to property taxation and listing the value of all property on the assessment roll. The Assessor-Recorder maintains public records, conducts fair and efficient assessments and ensures equality in all assessments.

Click here to review BOMA San Francisco's Economic Impact Fact Sheet that details our members' contribution - including property and transfer tax revenue - to the City and County of San Francisco.

The topics discussed at today's meeting included:

• Electronic recording program for real property records;
• Reducing the historic levels of reassessment requests - approximately 6,000 annually;
• Reducing the backlog and time necessary to record and reassess property sales;
• Expanding the number of Assessment Appeals Board meetings;
• Creating a common checklist for commercial property sales and reassessments;
• Improving the technology in her department;
• Focusing on customer service for all San Franciscans;

As a former member of the Board of Supervisors, Assessor Chu has worked on policy issues with BOMA San Francisco for many years.  Our members look forward to Chu's leadership of this essential department.

About Carmen Chu

Carmen Chu was elected to the Board of Supervisors in November 2008 and November 2010 to serve as the City’s representative to the Sunset/Parkside District after being appointed to serve in September 2007 by Mayor Gavin Newsom.

As member of the Board of Supervisors representing District 4, Carmen Chu served as Chair of the Board’s Budget & Finance Committee for FY 2011-2012 and FY 2012-2013. Together, with labor, community advocates, City departments, and the Mayor’s Office, the Board of Supervisors were able to agree on a $6.83 billion spending plan that provided funding for the most vital City services and closed a $380 million General Fund budget deficit.

During her time on the Board, Chu worked on legislation to encourage more companies to do business with the City by streamlining the City’s contracting process; provided protections to tenants who are victims of domestic violence; strengthened regulations, coordinated enforcement and expanded community review of proposed massage establishments; and encouraged small, local business participation in City projects.

Chu holds a Bachelor’s degree from Occidental College in public policy and a Master’s degree from the Goldman School of Public Policy at the University of California at Berkeley.

BOMA International Advocacy Update - Tax Reform, Leasehold Depreciation, Energy Efficiency and Code Development Victory

BOMA Issues Comments on Senate Finance Draft Tax Proposal

Last week, BOMA International issued comments on Senate Finance Committee Chairman Max Baucus’ (D-Mont.) draft tax reform legislation released prior to the Thanksgiving recess. The focus of BOMA’s comments was the proposed policy of depreciating the building and any building improvements, including leasehold improvements, over 43 years, as opposed to 39. BOMA also took issue with the Chairman’s repeal for the deduction for energy efficiency improvements to commercial buildings.

In addition, BOMA joined the Depreciation Fairness Coalition to send comments regarding the longer timeline for depreciation of leasehold improvements. BOMA also was among the signatories on a real estate industry comment letter covering the draft’s depreciation proposal, repeal of Section 179D and repeal of Section 1031, commonly known as 'like-kind' exchanges. Given that Senator Baucus has been nominated to be ambassador to China, soon removing him from the Senate tax discussion, it is unclear just how his proposal will be considered as the tax reform debate evolves in Congress.


Coalition Weighs In on Tax Deductions for Energy Efficiency

BOMA International, in coalition with more than fifty real estate, construction and manufacturing organizations, has signed on to a comment letter urging the Senate Finance Committee to consider an extended and improved 179D tax provision that will allow for greater investment in energy improvements for commercial and large multi-family buildings. This provision would ultimately lower energy bills and carbon emissions.

BOMA and its partners urged Senator Max Baucus to look to the Commercial Building Modernization Act (S. 3591, which was introduced in the 112th Congress) as an example for how 179D can be better written to save money and encourage deep retrofits. Baucus has discussed repealing 179D altogether.

The current deduction of up to $1.80 per square foot expired at the end of 2013. It provided a tax deduction for building owners to recover some of the costs for high-efficiency components and systems that meet certain energy savings performance targets.


BOMA Scores Victory on Economic Parameters

ASHRAE held its winter conference in New York this past weekend, and the project committee for ANSI/ASHRAE/IESNA Standard 90.1 – Energy Standard for Commercial Buildings met to set, among other things, economic parameters for the current 90.1-2016 development cycle.

The economic parameters that the committee uses to determine life-cycle cost-effectiveness are of great importance to BOMA members because they essentially set the bar for new items to be included in the standard. Mike Erbesfeld, BOMA International’s Director of Codes and Standards, is a voting member of the project committee and worked on an Economics Working Group for the past three months to ensure that the parameters were truly reflective of the industry both today and three years from now. BOMA is pleased to report that the committee voted for the parameters we suggested, including a 9.34 percent pre-tax discount rate. These parameters were based upon numerous investor surveys provided by BOMA members. BOMA International thanks all of those who contributed to this effort.

Horace Green and Lynn Tolin - Leaders of BOMA San Francisco's Government Affairs Policy Advisory Committee (GAPAC) in 2014

BOMA San Francisco Members,

Please take a moment to learn about your Government Affairs Policy Advisory Committee (GAPAC) leadership team for the commercial real estate industry in 2014.

If you are a BOMA member with an interest in meeting with Bay Area elected and appointed leaders who influence public policy for the commercial real estate industry, please email John M. Bozeman, BOMA San Francisco's Manager of Government and Public Affairs at johnb@boma.com.

Click here to learn more about the GAPAC and why you should get involved.

Horace Green, Esq.

2014 GAPAC Chair Horace Green is a partner with Buchman Provine Brothers Smith.  As a longtime member volunteer of BOMA San Francisco's Government Affairs Policy Advisory Committee (GAPAC), Mr. Green has contributed his time and expertise to the benefit of the BOMA San Francisco membership.

Indeed, as Vice Chair of the GAPAC in 2013, Mr. Green not only helped to analyze local ordinances to determine their impact to the industry, he volunteered to represent BOMA San Francisco on Mayor Ed Lee's 2030 Transportation Task Force that met numerous times over the course of 2013 and produced recommendations for essential transit infrastructure funding in San Francisco.

Mr. Green earned his J.D. in 1984 from Stanford University. Prior to attending law school, Mr. Green attended the University of California at Santa Barbara, where he graduated in 1978 with a Bachelor of Arts degree.  Horace can be found cheering for the San Francisco Giants, 49ers, and the Golden State Warriors during his rare time off.

Connect with Horace on LinkedIn.

Lynn Tolin

Lynn Tolin joined TMG Partners in 1988 and has over 30 years of real estate experience in the Bay Area. In her current function as Senior Vice President, Director of Asset and Property Management, she coordinates the management of approximately seven million square feet of various property types valued in excess of over $1 billion.

BOMA San Francisco members are fortunate to have an industry veteran volunteer her time on the GAPAC.

Before joining TMG, Ms. Tolin was with Cornish & Carey's San Mateo office, specializing in office leasing. She also spent time at Hare Brewer & Kelley in Palo Alto serving as Senior Property Manager, specializing in commercial and residential condominiums.

Ms. Tolin received her Bachelor's degree and MBA from St. Mary's College of California.

Connect with Lynn on LinkedIn.

BOMA Supports More Affordable Housing Opportunities in San Francisco

BOMA supports more affordable-housing opportunities in SF

By Sarah MacIntyre, BOMA San Francisco's President And Marc Intermaggio, Executive Vice President - Published in the San Francisco Examiner on January 17, 2014

San Franciscans must have more affordable-housing opportunities so that the recent economic growth we have experienced does not further erode housing options for current and future residents. The Building Owners and Managers Association applauds the work of the San Francisco Housing Action Coalition and fully supports initiatives that will result in more affordable housing for renters and buyers.

Why is a commercial real estate group like ours so concerned about affordable housing?

The success San Francisco has enjoyed in attracting new employers has enormously benefited everyone living in The City. A new tax study released recently by Mayor Ed Lee identifies what we think is the main solution: “Increasing the supply of market rate housing in the city would put downward pressure on all housing units.” His report recommends a building goal of 100,000 units.

“However,” his study continues, “100,000 new housing units represents all the net new housing the city has constructed since the 1920s, before it was fully built-out. Such a level of new construction would not occur without a significant change in the regulatory framework.”

The solutions to our housing problem are complex, but that should not delay needed actions. Here are some things that should be done ASAP.

Legalize in-law units without declaring them two units and subject to rent control.

Raise height limits along major transportation arteries and create incentives for housing near transit stops.

Cut development fees that currently run at more than $100,000 per unit, before you add the land and construction costs.

Reform and simplify the California Environmental Quality Act, which has added exorbitant time and cost to every new development.

Respect the established rules for project approval and abide by decisions reached by the authorized bodies.

We are fortunate people want to live in our city, and we should do all we can to make it easy for employees to live near work, if they choose. People have many alternatives — like Oregon, Nevada, Texas and Washington state — where housing costs are two or three times more affordable. Do we really want cities in those states to enjoy the benefits of economic abundance The City has worked so hard to achieve? And how enjoyable will The City be if we are no longer able to fund our many needed public programs?

Grants for Electric Vehicle Charging Infrastructure at Businesses and Workplaces

BOMA San Francisco Members:

Have you considered installing and operating public electric vehicle chargers on your property? The Bay Area Air Quality Management District is preparing an application to the California Energy Commission that, if awarded, could fund 75% of your charger purchase and installation costs: up to $4,000 for Level 2 chargers and up to $40,000 for DC fast chargers.

To determine if you qualify for the program click here; you can apply to participate in the program until Monday, January 20, 2014 at 5:00 p.m PST. 

Sites must be within the Air District’s jurisdiction and must allow unrestricted public access to charging stations, among other requirements. If you have questions, please contact Linda Hui, Strategic Incentives Administrative Analyst, at lhui@baaqmd.gov.

BOMA International Advocacy Update - Unfinished Business, Election-Year Politics Await Congress in New Year

The United States Congress returned this week to kick off the second half of the 113th session and election-year politics are expected to play a significant role in what may - or may not - get accomplished before the end of 2014.  Even with a divided government and November elections on the minds of members from both parties, it is possible that significant legislation may be passed, albeit a bit more difficult.  

As for commercial real estate industry, Congress must decide how to address such issues as the now-expired 15-year timeline for the depreciation of leasehold improvements, as well as the tax deduction for energy efficient improvements (179d). It also must address extending the Terrorism Risk Insurance Act (TRIA), which is set to expire at the end of 2014. With 35 Senate seats and all 435 House seats up for grabs later this year, Congress’ ability to address politically polarizing issues, such as comprehensive tax reform or immigration policy, will be significantly hindered.

San Francisco Earthquake Retrofit Fair - January 28, 2014

 


Design Professionals | Contractors | Lenders | Property Owners

January 28, 2014

3 PM - 7 PM 

Bill Graham Civic Auditorium

99 Grove Street, San Francisco

This is a Free Event

Please RSVP!

Questions about retrofitting your property?

Are you required to comply with the new Mandatory Soft Story Ordinance?

A Lender, Contractor, or Design Professional needing to connect to owners?

Need to select a design professional, lender, or contractor?

A property owner looking to make your building safer? 

This is for you! 

This is a trade show style event open to the public, connecting property owners with all the professionals they need to make San Francisco safer, one building at a time. All the services you will need and the right people will be at this event to answer the questions you might have - from start to finish.  The fair will run from the afternoon to the evening with tables representing City officials, design professionals, lending institutions, manufacturers, contractors, and other services; all ready to answer your questions about retrofitting your property. 

Visit www.sfcapss.org for more details!

Tenant Bicycle Access Ordinance - Bicycle Access Plan and Exception Form Due January 31, 2014

BOMA San Francisco Members:

REMINDER - January 8, 2014

The San Francisco Department of Environment has kindly extended the date for BOMA members to submit the Bicycle Access Plan and/or applicable exemptions with the Department to January 31, 2014.

Please contact the Department of the Environment with any questions:

CommuteSmart
San Francisco Department of the Environment (SF Environment)
City & County of San Francisco
Phone: (415) 355-3727
Email: CommuteSmart@sfgov.org

--------------------

UPDATE - November 4, 2013

The San Francisco Department of Environment has kindly extended the date for BOMA members to submit the Bicycle Access Plan and/or applicable exemptions with the Department to January 31, 2014.

--------------------

UPDATE - October 30, 2013

With regard to the Tenant Bicycle Access in Existing Commercial Buildings Ordinance a property owner or manager must file a Bicycle Access Plan and/or any applicable exemptions with the San Francisco Department of Environment by October 31, 2013.  If you have any questions or need assistance, please contact CommuteSmart@sfgov.org.

Bicycle Access Plan

BOMA members only need to fill out this form if there are specific details and limitations on bicycle access in the building.  This includes the route to elevators or stairs that accommodate bicycle access or the route to a designated area for bike parking and other information as listed in the law.  If you allow full bicycle access in your building without restriction, you do not need to fill out the Bicycle Access Plan.  

It is user friendly and can be submitted online.  You will receive an email confirmation of your submission (please check your spam filter if you do not see it).  The Plan will be kept on file at the Department of Environment and made available upon request to tenants. If you have already submitted a Bicycle Access Plan and would like to update a it, simply re-submit a Plan with the included updates. 

Exemption

An exemption form is required if

• Your building’s elevator is not available for bicycle access due to substantial safety risks; or 

• Alternate covered off-street or alternate indoor no-cost bicycle parking that meets the security requirements of Planning Code Section 155.1(a)(6) and (7), meets the quantity and other requirements identified in the existing Planning Code, and is available within three blocks or 750 feet, whichever is less, that accommodates all tenants requesting bike access. 

The Department of the Environment, after consultation with the Municipal Transportation Agency and Department of Building Inspection, will either approve or deny the exception request. Commercial properties that file for an exception should also complete a Bicycle Access Plan to ensure that tenants are aware of the specified location to park their bicycles. 

--------------------

UPDATE - May 21, 2012

The Tenant Bicycle Access in Existing Commercial Buildings Ordinance is now law.  We're honored to work with the San Francisco Bicycle Collation and Supervisor John Avalos' office to make this a reality.

Two articles were published in FM World (BIFM’s Facilities Management magazine) regarding the new law:

• San Francisco beefs up bike access laws | FM World – the BIFM’s Facilities Management magazine http://shar.es/2yUee
• Think Tank: FMs vote for cycle parking | FM World – the BIFM’s Facilities Management magazine http://shar.es/2yOi3

What are the next steps for BOMA San Francisco Members?

Please click here to access a FAQ sheet to review what this ordinance now requires of commercial building owners and managers.  BOMA members (and non-BOMA members) will, at a tenant’s request, now have to:

• Allow bicycles to be brought into the tenant space/or into a bike room on site for tenant employees only.
• A building owner and manager will have to allow bicycles in the building without restriction (e.g., no prescription on path of travel, elevator use), but if they choose to restrict full access in anyway, they must fill out a Bicycle Access Plan (BAP) and submit that document to the San Francisco Department of Environment.  NOTE: the San Francisco Department of Environment is currently developing the BAP. 
• If a building owner and manager chooses to restrict bicycle access, they must provide  parking (e.g., a bike room on site) and detail the location of the parking area and access to it in a BAP.
• OR a building owner and manager can fully restrict bicycle access to the building.
• If the building owner and manager decides to file an exemption to the BAP then they must locate no-cost secure bicycle parking (e.g., via neighboring garage) within three blocks or 750 feet - whichever is less - for all employees of a tenant who requests bicycle parking. 

The new law does not require building owners to build a bike room or dedicate a specific space for bicycle parking. It does allow the tenant’s employees to bring their bikes inside their rented space if the building owner does not provide them with a separate and secure storage area. If a building owner chooses to build a bike room, this legislation does not prohibit charging a reasonable fee for use.

If you have any questions please contact John Bozeman at johnb@boma.com or (415) 686-9652 x 116.