UPDATE - BOMA San Francisco Janitorial & Security Contractors Now Impacted By San Francisco Formula Retail Employer Requirement Ordinances

UPDATE - November 25, 2014

BOMA San Francisco Janitorial and Security Members,

The San Francisco Board of Supervisors unanimously passed both measures at their meeting on November 18th and it's expected that the members of the Board will do the same today as they consider these items for a second and final vote.

Even so, BOMA San Francisco members and staff will be working with the Board of Supervisors and our business community partners in the next month to address our members' concerns as detailed below. More information on our efforts will be reported to you.

Questions or concerns?   Please email johnb@boma.com and kenc@boma.com.

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Original Post - November 17, 2014

Legislation is being fast-tracked at the San Francisco Board of Supervisors that, until this afternoon, didn't impact your industries (janitorial/security contractors), now requires your immediate attention. Please contact the San Francisco Board of Supervisors – details below.

There are two ordinances for you to review:

• Supervisor Eric Mar
• Police Code - Hours and Retention Protections for Formula Retail Employees
• Abstract
• Ordinance amending the Police Code to regulate the operation of Formula Retail Establishments, including requiring employers to offer additional hours of work, when available, to current part-time employees; and requiring successor employers to retain employees for 90 days upon a change in control of the business.
• Supervisor David Chiu
• Police Code - Fair Scheduling and Treatment of Formula Retail Employees
• Abstract
• Ordinance amending the Police Code to require Formula Retail Establishments to provide employees with two weeks notice of work schedules, notice of changes to work schedules, and compensation for schedule changes made on less than seven days notice and unused on-call shifts; and to provide part-time employees with the same starting rate of hourly pay, access to time off, and eligibility for promotions, as provided to full-time employees.

Why?

Both measures respectively address employee management and retention at Formula Retail (chain store) establishments and, until recently, did not affect the janitorial/security industries. Amendments that were inserted - without consultation to BOMA or representatives of your industries - were approved today at a special meeting of the Budget and Finance Committee and the Board of Supervisors will consider both measures tomorrow at their meeting at City Hall.

What’s the Bottom Line?

Both pieces of legislation now apply to janitorial and security contractors who contract with formula retailers, even if those contractors do not qualify as formula retailers.

What Should I Do?

Please contact (call and email) the following San Francisco Board of Supervisors and tell them to send both measures back to the Budget and Finance Committee for further review and discussion with employers directly impacted by the legislation:

Mark Farrell
Katy Tang
Scott Weiner
London Breed
Malia Cohen

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Special thanks to Dee Dee Workman, Vice President of Public Policy with the San Francisco Chamber of Commerce, who alerted us to this change. She’s worked tirelessly on this issue and we are appreciative of her efforts.

BOMA San Francisco's Government Affairs Policy Advisory Committee Update - Meetings with City Leaders

L To R: Cindy Wu and Tom Maguire 

BOMA San Francisco Members:

BOMA's Government Affairs Committee members have been meeting with public officials recently to represent your interests.  Here is a brief update of the last two meetings with special guest speakers representing the San Francisco Planning Commission and the San Francisco Municipal Transportation Agency (SFMTA).

Cindy Wu, President of the San Francisco Planning Commission

Commissioner Wu was appointed in 2012 by Board of Supervisors Chair, David Chiu. BOMA's recent meeting with Wu was a unique opportunity for BOMA members to get to know Commissioner Wu and ask questions about San Francisco land use policies and much more.  Indeed, the open dialogue allowed for Commissioner Wu to understand BOMA and the commercial real estate industry and an understanding that BOMA is available as a resource for the Commission regarding industry data.

BOMA thanks Commissioner Wu for her time.  

Key points discussed:

• Central SoMa Eco District
• Proposition M
• Formula Retail
• Transportation and development
• Population growth
• Housing supply
• Discretionary Review reform

About the Planning Commission

The Planning Commission consists of seven members - appointed by the Mayor and the President of the Board of Supervisors - who help plan for growth and development in San Francisco. Members of the Planning Commission provide an invaluable service to the city: they advise the Mayor, Board of Supervisors and City departments on San Francisco's long-range goals, policies and programs on a broad array of issues related to land use, transportation, and current planning. Additionally, the Commission has specific responsibility for the stewardship and maintenance of San Francisco's General Plan.

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Tom Maguire, SFMTA Director of Sustainable Streets

More information about Mr. Maguire and his recent move from New York City’s Department of Transportation can be found here and here. Thank you to GAPAC member Richard Rabbitt, with Farella Braun + Martel LLP for suggesting to invite Mr. Maguire to speak to the group.

Key points discussed:

• Vision Zero
• SFMTA management is unparalleled in the United States due to the number of modes of transportation
• SFPark data and feedback
• Congestion pricing in New York City and San Francisco
• Handicap placard abuse and mitigation
• Bicycle lanes
• Signal installation - possibilities and delays 

BOMA thanks Mr. Maguire for his time and our members look forward to working with him and his team in the near term.

Click here for Mr. Maguire's full presentation to the members of the GAPAC.

UPDATE - Legislation to Study/Allow San Francisco to Provide Electric Service to Private Developments

BOMA San Francisco Members:

UPDATE - November 25, 2014

The San Francisco Board of Supervisors Land Use Committee passed this legislation with a recommendation for the full Board to approve it.

This is unsatisfactory to the members of BOMA, who had suggested amendments to the legislation with the San Francisco Public Utilities Commission (SFPUC) that would have allowed the City and County of San Francisco to provide electricity to select new private developments by mutual agreement.

Since the amendments were not included, the legislation would leave the private development and building owner community with no choice: If the SFPUC decides it is advantageous for it to provide power to the property, it will do so, regardless of whether it is of mutual benefit to the private property owner.  This policy may also affect existing buildings that undergo any significant (over 10,000 square feet) of rehabilitation or renovation 'where such service would be consistent with the PUC’s resources, budget, business plans, and priorities.'

BOMA strongly objects to having its members coerced into contracts for electric service by the SFPUC without it being a mutually agreed upon arrangement. The history of our members’ relationship with the SFPUC has been one of collaboration and cooperation. This legislation potentially sets up the private property community for a confrontation with the City over the issue of who is going to supply the property power. It’s a confrontation that’s totally unnecessary.

In the late 1990s, BOMA San Francisco had a power pool, when direct access was allowed under the California Public Utilities Commission (CPUC) rules. We negotiated a deal to provide power to our membership after interviewing and dissecting offers from 17 different power providers. We would still be doing so, had it not been for the energy crisis, the collapse of Enron, and the CPUC closing the door on future direct access contracts. When given the opportunity, BOMA’s private property owners will always opt for the ability to negotiate the best deal for their properties and their tenants who ultimately pay for much of the energy costs.

BOMA urges the Board to reconsider this recommendation from Land Use Committee and to send it back for further study.

If you have any feedback, please send it to johnb@boma.com and kenc@boma.com.

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UPDATE - September 2, 2014

Please note that BOMA San Francisco members met with representatives of the San Francisco Public Utilities Commission to discuss BOMA's concerns regarding this legislation as detailed below.  They are considering our suggested amendments are working with Supervisor Scott Wiener's office now.  More information will delivered to you as necessary.

If you have any feedback, please send it to johnb@boma.com and kenc@boma.com.

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Original Post - August 4, 2014

Supervisor Scott Wiener has introduced legislation that would amend the San Francisco Administrative Code to evaluate the feasibility of the City providing electric power to private developments and projects.

Click here to read the ordinance, and here for the executive summary.

The following are a few details/concerns regarding the ordinance, in its current draft, that have been discussed with members of BOMA San Francisco's Government Affairs Policy Advisory Committee (GAPAC):

• The City is allowed to sell power (pg. 1/lines 17-19);
• The measure is attempting to study, and eventually allow San Francisco Public Utilities Commission power to be delivered to new City developments. (pg. 1/lines 23-25; pg. 2 lines 1-6);
• The measure is also attempting to study and eventually allow SFPUC power to be delivered to other private projects over 10k sq/ft - this is ambiguously defined (Existing buildings?  New developments? Tenant improvements?) and needs to be clarified.  This could be an issue for BOMA members. (pg. 2/lines 6-12);
• Why is this happening?  The SFPUC can use the additional revenue from serving electricity to new customers to address deferred maintenance of infrastructure projects.  (pg. 2/lines 21-23);
• Requirement to Study Feasibility (pg. 3).  What does 'certain other private projects seeking City approvals' mean (pg. 3/lines 5-6)?  Also, (lines 7-10) who pays for the study?   

If you have any feedback, please send it to johnb@boma.com and kenc@boma.com.  A meeting with Supervisor Wiener and our members has taken place recently; the next discussion will be with San Francisco Public Utilities Commission officials. 

IMMEDIATE CALL TO ACTION: BOMA San Francisco Janitorial & Security Contractors Now Impacted By San Francisco Formula Retail Employer Requirement Ordinances

BOMA San Francisco Janitorial and Security Members,

Legislation is being fast-tracked at the San Francisco Board of Supervisors that, until this afternoon, didn't impact your industries (janitorial/security contractors), now requires your immediate attention. Please contact the San Francisco Board of Supervisors – details below.

There are two ordinances for you to review:

• Supervisor Eric Mar
• Police Code - Hours and Retention Protections for Formula Retail Employees
• Abstract
• Ordinance amending the Police Code to regulate the operation of Formula Retail Establishments, including requiring employers to offer additional hours of work, when available, to current part-time employees; and requiring successor employers to retain employees for 90 days upon a change in control of the business.
• Supervisor David Chiu
• Police Code - Fair Scheduling and Treatment of Formula Retail Employees
• Abstract
• Ordinance amending the Police Code to require Formula Retail Establishments to provide employees with two weeks notice of work schedules, notice of changes to work schedules, and compensation for schedule changes made on less than seven days notice and unused on-call shifts; and to provide part-time employees with the same starting rate of hourly pay, access to time off, and eligibility for promotions, as provided to full-time employees.

Why?

Both measures respectively address employee management and retention at Formula Retail (chain store) establishments and, until recently, did not affect the janitorial/security industries. Amendments that were inserted - without consultation to BOMA or representatives of your industries - were approved today at a special meeting of the Budget and Finance Committee and the Board of Supervisors will consider both measures tomorrow at their meeting at City Hall.

What’s the Bottom Line?

Both pieces of legislation now apply to janitorial and security contractors who contract with formula retailers, even if those contractors do not qualify as formula retailers.

What Should I Do?

Please contact (call and email) the following San Francisco Board of Supervisors and tell them to send both measures back to the Budget and Finance Committee for further review and discussion with employers directly impacted by the legislation:

Mark Farrell
Katy Tang
Scott Weiner
London Breed
Malia Cohen

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

Special thanks to Dee Dee Workman, Vice President of Public Policy with the San Francisco Chamber of Commerce, who alerted us to this change. She’s worked tirelessly on this issue and we are appreciative of her efforts.

BOMA International Advocacy Update - Significant Issues at Stake in Lame-Duck Congress

The U.S. Congress returned to Washington on November 12th  following a decisive mid-term election that saw a shift of control on Capitol Hill as Republicans gained a majority in the Senate and further strengthened their hold on the House for the upcoming 114th Congress. While the newly elected legislators will be sworn in this January, the current Congress must now turn to a significant amount of unfinished business in what is expected to be a fairly short lame-duck session to conclude the 113th Congress. 

Up for consideration will be the already-expired 15-year leasehold depreciation provision, which is included in a larger package of business tax extenders.  Also on the agenda is the Terrorism Risk Insurance Act (TRIA), which is set to expire at the end of 2014 if Congress fails to act on legislation to extend the federal backstop program. BOMA is continuing to work with its partners in the Coalition to Insure Against Terrorism (CIAT) to urge Congress to pass a multi-year reauthorization of the program immediately. The Senate already passed a seven-year extension of the program by an overwhelming 93-4 vote back in July.

We urge you to visit BOMA International’s Legislative Action Center today and write Congress to request renewal of both these important policies.

BOMA San Francisco's Nearly Perfect November 2014 Election Results

The BOMA San Francisco Political Action Committee (BOMA-SF-PAC) campaigns for candidates and issues that promote economic vitality and the health of the commercial real estate industry - and against those that would harm it. Click here to view their list of accomplishments.

With regard to the recent November 4th election – the BOMASF-PAC slate outcome was nearly perfect! Thank you for voting BOMA, your source for sensible political recommendations that benefit all businesses and residents in San Francisco.

BOMA-SF-PAC relies on contributions for funding. This is truly an investment in your future and the future of our industry. Contact kenc@boma.com for more information.

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BOMA San Francisco's Political Action Committee's Slate Card

November 4, 2014 General Election

Candidates Endorsed

David Chiu for California State Assembly (San Francisco) – Absentee votes are still being counted

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Marc Levine for re-election to the California State Assembly (Marin/Sonoma)
Kevin Mullin for re-election to the California State Assembly (San Mateo)
Mark Farrell for re-election to the San Francisco Board of Supervisors – District 2
Katy Tang for re-election to the San Francisco Board of Supervisors – District 4
Scott Wiener for re-election to the San Francisco Board of Supervisors – District 8
Malia Cohen for re-election to the San Francisco Board of Supervisors – District 10
Nick Josefowitz for BART Board of Directors - District 8

San Francisco Propositions on the Ballot

A - San Francisco Transportation and Road Improvement Bond - SUPPORT
G - Additional Transfer Tax on Residential Property Sold Within 5 Years of Purchase - OPPOSE
H - Requiring Certain Golden Gate Park Athletic Fields To Be Kept As Grass With No Artificial Lighting – OPPOSE
I - Renovation of Playgrounds, Walking Trails, and Athletic Fields – SUPPORT
K - Mayor Lee/Board of Supervisors Affordable Housing Policy Statement – SUPPORT

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L - Balanced Transportation Policy Statement – SUPPORT – The only proposition that the PAC endorsed and didn’t pass.