Thursday, May 31, 2018

BOMA SF-PAC Voter Guide for the June 5, 2018 Election




BOMA San Francisco's Political Action Committee's Voter Guide
June 5, 2018 Election


The BOMA SF-PAC is looking forward to the June 5, 2018 election. Our members have endorsed candidates for elected office and taken positions on the following propositions. If you are a registered voter in San Francisco, please reference this guide when you vote!

If you have any questions, John Bozeman, BOMA San Francisco's Director of Government and Industry Affairs, at johnb@boma.com.

Candidates

San Francisco

Mayor – London Breed
Board of Supervisors, District 8 – Jeff Sheehy

California

Governor - Gavin Newsom
State Assembly District 17 – David Chiu
State Assembly District 19 – Phil Ting
State Board of Equalization District 2 – Malia Cohen

Federal

US Senate - Dianne Feinstein 
US Congressional District 12 – Nancy Pelosi
US Congressional District 14 – Jackie Speier 

Local Propositions

  • OPPOSE Proposition A - Charter Amendment: Revenue Bonds for Public Utilities Commission Clean Power, Water, and Clean Water Facilities
    • Authorizes the SFPUC to issue revenue bonds for power facilities when approved by ordinance receiving a two-thirds vote of the Board of Supervisors. Amends the Charter to allow the SFPUC to finance new power facilities that increase delivery of energy.
    • This amendment to the City Charter gives almost unlimited power to the PUC and Board of Supervisors for revenue bonds to be issued, without voter approval, to replace or expand the city’s electrical power systems. This authority could be used later to bypass existing bond measure ballot requirements in order to construct competing power systems, an action San Francisco voters have rejected before.
  • SUPPORT Proposition B - Charter Amendment: Appointed Board Members and Commissioners Seeking Elective Office
    • A Charter amendment requiring appointees on San Francisco boards and commissions to give up their seats when running in state or local elections, a common practice in the past that helped prevent appointed office-holders from enjoying unfair advantages.
  • OPPOSE Proposition C - Ordinance: Tax on Commercial Rents to Fund Child Care and Education.
    • .5% additional GRT on leases of commercial space; 1% on warehouse space
      • Estimated to raise $146 million annually;
      • Funds early child care and education;
      • Tax would not apply to gross receipts from leases that have the following uses: industrial, arts, or non-formula retail, non-profit and small businesses;
      • Requires 50% + 1 voter approval to pass;
  • OPPOSE Proposition D - Ordinance: Additional Gross Receipts Tax on Commercial Rents for Housing/Homeless
    • 1.7% additional GRT on leases of commercial space
      • Estimated to raise $70 million annually;
      • Funds low/middle income housing and homeless services;
      • Tax would not apply to gross receipts from leases that have the following uses: PDR, retail and services, entertainment, arts and recreation, non-profit and small businesses;
      • Requires 67% voter approval to pass;
  • SUPPORT Proposition E - Referenda: Repeal of Ordinance Banning the Sale of Flavored Tobacco Products
    • This referendum suspended an ordinance passed by the Board of Supervisors banning sales of flavored tobacco products. The ordinance was supported by healthcare organizations and opposed by small business advocates. A coalition opposed to the ordinance collected signatures to put this referendum on the ballot. A ‘yes’ vote is a vote to keep the ban on sales of flavored tobacco products in place; a ‘no’ vote is a vote to repeal the ban and allow sales of flavored tobacco products.
  • OPPOSE Proposition F - Ordinance: City-Funded Legal Representation For All Residential Tenants in Eviction Lawsuits
    • “No Eviction Without Representation Act”
    • This voter initiative requires the Mayor’s Office of Housing and Community Development to create a program that provides legal services for residential tenants facing eviction. These matters are best addressed legislatively rather than by the ballot. Legislation to implement such a policy is pending at the Board of Supervisors.
  • SUPPORT Proposition G - Ordinance: Parcel Tax for San Francisco Unified School District (Teacher Salaries)
    • “Living Wage for Educators Act of 2018”
    • San Francisco Unified School District parents and the teachers union collected signatures to place this parcel tax on the ballot to fund a 2% salary increase for teachers following a three year, 11% increase approved last November. If passed, the $298 per parcel tax would appear on property tax bills starting July 1 of this year. Increasing salaries may help reduce a teacher shortage but the additional tax may be burdensome to some San Francisco businesses and residents.
  • SUPPORT Proposition H - Ordinance: Use of Tasers by San Francisco Police Officers
    • “The Safer Policing Initiative”
    • This initiative ordinance authorizes the San Francisco Police Department to train and deploy officers to use Tasers as a non-lethal alternative to firearms. Most big-city police departments equip officers with Conductive Energy Devices (CEDs), including Tasers. While the Police Commission has approved a taser policy, it places unreasonable limitations on their use and has yet to be implemented.
    • BOMA San Francisco has supported providing our City’s law enforcement professionals with all tools and equipment that helps them to protect public safety.
  • OPPOSE Proposition I - Declaration of Policy: Relocation of Professional Sports Teams
    • “Thou Shall Not Covet” other cities sports teams.
    • A non-binding Declaration of Policy that aims to discourage the Golden State Warriors from moving from Oakland to San Francisco next season. This last-ditch demand won’t stop the move or prevent other sports teams from relocating as they choose.
  • SUPPORT - Regional Measure 3
    • Toll revenues would be used to finance a $4.45 billion slate of highway and transit improvements in the toll bridge corridors and their approach routes.
    • If approved by a majority of voters in San Francisco, Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma counties.

UPDATE: Volunteer to Support London Breed for Mayor - Election Day and This Weekend - Get Involved!







BOMA San Francisco is supporting London Breed for Mayor. Please consider volunteering or attending an event for London at a time that is convenient for you. There are three campaign offices and multiple events that you can attend and show your support for our next Mayor!

If you have any questions, please contact John Bozeman, BOMA San Francisco's Director of Government and Industry Affairs at johnb@boma.com.

This is our last chance - whatever is most convenient for you, get involved now.


Saturday, June 2, 2:30 p.m. - 5:30 p.m.
Mini Park at Turk Street and Fillmore Street

Richmond District Meet & Greet and Mobilization
Sunday, June 3, 1:00 p.m. - 3:00 p.m.
3425 Balboa Street

Click HERE to RSVP for above noted events.

Get Out the Vote (GOTV) Transit Stops and Visibility

Your help is needed in the lead-up to Election Day!

Click HERE to RSVP for GOTV activities.

Volunteering at the Campaign Offices and at Large

There are offices in San Francisco that are open Monday - Friday, 10:00 a.m.- 8:00 p.m.; Saturday-Sunday, 10:00 a.m. - 4:00 p.m.

Click HERE for office location info.



About London Breed

Board of Supervisors President London Breed recently served as Acting Mayor, leading San Francisco following the tragic passing of Mayor Edwin Lee.

London first won election to the Board of Supervisors in November 2012. In January of 2015, her colleagues elected her President of the Board. She was re-elected as District 5 Supervisor in November 2016 and unanimously re-elected as Board President two months later.

London is a native San Franciscan, raised by her grandmother in Plaza East Public Housing in the Western Addition. She graduated with honors from Galileo High School and attended the University of California, Davis, earning a Bachelor of Arts degree in Political Science/Public Service with a minor in African American Studies. She went on to earn a Master’s degree in Public Administration from the University of San Francisco.

Before her election as District 5 Supervisor, London served as Executive Director of the African American Art & Culture Complex in the Western Addition for over a decade, transforming the struggling center into a vital, financially-stable community resource that provides after school arts and cultural programs for youth and seniors. She also served as a San Francisco Redevelopment Agency Commissioner for five years and in 2010 was appointed by then-Mayor Gavin Newsom to be a San Francisco Fire Commissioner, where she served until her election to the Board of Supervisors.

London has dedicated her entire adult life to serving our communities and improving the City’s housing, environment, public safety, transportation, and quality of life.

Thursday, May 24, 2018

Benchmarking and Reporting Requirements Webinar - AB 802





The Energy Commission is hosting a webinar aimed at companies who own/manage buildings to help with AB 802 Benchmarking and Reporting Requirements. 

In October of 2015, the State of California passed Assembly Bill 802, directing the California Energy Commission to establish the Building Energy Benchmarking Program. The Program requires owners of buildings larger than 50,000 square feet with either no residential utility accounts or 17 or more residential utility accounts to benchmark and disclose their buildings' energy performance through ENERGY STAR Portfolio Manager. The purpose of the program is to help building owners better understand their energy consumption through standardized energy use metrics that enable smarter and more cost-effective improvements in building energy use.

Important dates include:

June 1, 2018: Reporting deadline for buildings with no residential utility accounts
June 1, 2019: Reporting deadline for buildings with 17 or more utility accounts 

If you own and/or are responsible for any commercial building over 50,000 s.f. this regulation applies to you and the deadline for completion is technically June 1, 2018 (however, we have been told that due to several factors they will be allowing compliance to happen over the next few months and be considered “on time.”). If you are uncertain how to comply, this webinar is for you.

Click here for more information on the AB 802 BENCHMARKING WEBINAR and to register:

https://us18.campaign-archive.com/?u=c13b9ea79a18951bedc886670&id=9a7a7bc959&e=53f7e8e942

For more information and resources, including the adopted regulatory language, please point your browser to the CBPA AB 802 Benchmarking Resources Page.

http://cbpa.com/government/benchmarking-ab-802/

We have worked on this regulation for more than 8 years in conjunction with the California Energy Commission. Although we believe on paper, it is written as well as can be expected, we know that issues will come up during implementation.

Please make sure you report issues as they arise to the CEC via their help desk. Any major issues you run into, please include us so we can track and/or help to resolve.

UPDATE: Volunteer to Support London Breed for Mayor - Election Day and This Weekend - Get Involved!






BOMA San Francisco is supporting London Breed for Mayor. Please consider volunteering or attending an event for London at a time that is convenient for you. There are three campaign offices and multiple events that you can attend and show your support for our next Mayor!

If you have any questions, please contact John Bozeman, BOMA San Francisco's Director of Government and Industry Affairs at johnb@boma.com.

EVENTS THIS WEEKEND

Westside Mobilization with Congresswoman Jackie Speier, State Senator Scott Wiener, Assessor Carmen Chu, Supervisor Ahsha Safai, and Supervisor Katy Tang
Saturday, May 26, 10am-1pm
Carl Larsen Park, Intersection of 19th Ave. and Vicente St.

Treasure Island Mobilization with Eastern Neighborhoods Democratic Club
Saturday, May 26, 11am-1pm
1113 Keppler Court

Eureka Valley Mobilization with Assemblymember David Chiu
Sunday, May 27, 1-4pm
384 Eureka Street

Click HERE to RSVP for above noted events.

Get Out The Vote (GOTV) Transit Stops and Visibility

We need your help in the lead-up to election day!
Click HERE to RSVP for GOTV activities.

Volunteering at Our Offices and at Large

We have offices around San Francisco that are open M-F 10am-8pm, Sat-Sun.10am-4pm
Click HERE for office location info.




About London Breed

Board of Supervisors President London Breed recently served as Acting Mayor, leading San Francisco following the tragic passing of Mayor Edwin Lee.

London first won election to the Board of Supervisors in November 2012. In January of 2015, her colleagues elected her President of the Board. She was re-elected as District 5 Supervisor in November 2016 and unanimously re-elected as Board President two months later.

London is a native San Franciscan, raised by her grandmother in Plaza East Public Housing in the Western Addition. She graduated with honors from Galileo High School and attended the University of California, Davis, earning a Bachelor of Arts degree in Political Science/Public Service with a minor in African American Studies. She went on to earn a Master’s degree in Public Administration from the University of San Francisco.

Before her election as District 5 Supervisor, London served as Executive Director of the African American Art & Culture Complex in the Western Addition for over a decade, transforming the struggling center into a vital, financially-stable community resource that provides after school arts and cultural programs for youth and seniors. She also served as a San Francisco Redevelopment Agency Commissioner for five years and in 2010 was appointed by then-Mayor Gavin Newsom to be a San Francisco Fire Commissioner, where she served until her election to the Board of Supervisors.

London has dedicated her entire adult life to serving our communities and improving the City’s housing, environment, public safety, transportation, and quality of life.

Wednesday, May 16, 2018

UPDATE: San Francisco's Transportation Sustainability Fee Increase for Commercial Projects Above 99,999 Gross Square Feet




UPDATE - May 16, 2017

At the May 7th San Francisco Board of Supervisors Land Use and Transportation Committee meeting, the ordinance was discussed and amended to increase the Transportation Sustainability Fee by $5 (to $24.04) for non-residential projects larger than 99,999 gross square feet, except in the Central South of Market Area Plan area, where the fee for such projects would be increased by $2 (to $21.04).

This issue will be heard at the Planning Commission tomorrow if you’d like to attend and voice your respective company’s position on the issue. Pending the Commission’s actions, it will then, likely, be heard at the Land Use and Transportation Committee hearing on Monday, May 21st.
 
Please click here to review the ordinance and please email johnb@boma.com with any questions you may have. 

UPDATE - February 5, 2017



District 3 Supervisor Aaron Peskin has introduced and ordinance that would amend the Planning Code to increase the Transportation Sustainability Fee (TSF) by $5 - from $19.04 to $24.04 for all non-residential commercial projects, except hospitals and health services, above 99,999 gross square feet. 

Click here to review the ordinance. Please email John M. Bozeman, BOMA San Francisco's Director of Government and Industry Affairs at johnb@boma.com with your feedback. 

------------------- 

UPDATE - March 31, 2016

Recently, Mayor Ed Lee vetoed the Transportation Sustainability Fee (TSF) increase that passed the Board of Supervisors in February. Click here to read an article in the San Francisco Examiner that provides more details.

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UPDATE - February 29, 2016

BOMA San Francisco's Advocacy Team and members, along with the greater business community, continue to advocate for the commercial real estate industry's interest regarding the Transportation Sustainability Fee (TSF) increase.

The San Francisco Board of Supervisors have approved an amendment to the TSF, originally passed in December 2015. The amendment increases the TSF $2 to $21.04 per square foot for non-residential construction over 100,000 square feet, citywide.

The proposal requires one more vote by the Board and then it is sent to the Mayor for his consideration.

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

UPDATE - December 16, 2015

At their December 8, 2015 meeting, a majority of San Francisco Board of Supervisors voted to amend the Transportation Sustainability Fee (TSF) and increase the number to $21.04 per square foot for non-residential square footage over 99,999. It would also require non-residential projects that submitted an application before July 21, 2015, but have not received final approval, to pay 50% of the difference between the TSF and the Transportation Impact Development Fee.

The legislation has been referred back to Land Use and Transportation Committee and your BOMA Advocacy team will continue to monitor the measure's progress.

Please email johnb@boma.com and kenc@boma.com with your questions or concerns.

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

UPDATE - October 30, 2015

BOMA San Francisco members and staff continue to monitor this legislation.

A recent San Francisco Examiner article sums up the most recent discussion, earlier this month. At this point, it appears that commercial office developers with projects in excess of 100,000 square feet will see an increase of the fee from $18.04 to $19.04 per square foot.

Note that BOMA San Francisco's Government Affairs Committee members will meet with the San Francisco Municipal Transportation Agency (SFMTA) staff in charge of implementing this fee and program, as well as SFMTA Director, Ed Reiskin. The meeting will take place on November 4th, at 12 noon.

Please email johnb@boma.com if you are interested in attending this important gathering.

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

UPDATE - September 30, 2015

At a recent meeting of the San Francisco Board of Supervisors’ Land Use and Transportation Committee, there was a debate regarding the proposal to change the current Transit Impact Development Fee (TIDF) into a Transportation Sustainability Fee (TSF) and to apply it to all new developments except affordable housing projects.

The San Francisco Municipal Transportation Agency (SFMTA) proposal would increase fees for a majority of new developments - including commercial projects where the fee would increase from $12.06 per square foot to $18.04 per square foot. Activists feel that this fee should be higher and the proposal incorporate other changes. 

The suggested amendments include reducing the discount for projects already underway and not allowing the SFMTA to specify that 60% of the proceeds from the new TSF go to maintenance of San Francisco's transit system. The SFMTA is concerned that raising these fees higher than proposed, both for commercial, residential, and other projects could stymie the growth in San Francisco.

If you have any questions or concerns, please email kenc@boma.com and johnb@boma.com. BOMA developer members have been asked to provide their thoughts and we would appreciate your feedback if you feel that any increase in the TSF than what is proposed by the SFMTA, below, would affect your project - or future projects - adversely.

The SFMTA proposal will be heard again at the San Francisco Board of Supervisors’ Land Use and Transportation Committee on October 5th.
---------------------

Original Post - September 24, 2015

BOMA staff met recently with representatives from the City and County of San Francisco regarding the upcoming Transportation Sustainability Program (TSP) and Transportation Sustainability Fee (TSF). 

The Transportation Sustainability Program is about keeping people moving as the City grows. Smart planning and investment will help ensure that San Franciscans are able to arrive safer and more comfortably at their destinations now and in the future.  

The proposed Transportation Sustainability Fee will help fund upcoming transportation changes (see below) by:
  • Creating a citywide transportation fee on new development;
  • Update to existing Transportation Impact Development Fee (TIDF) – expands applicability to include market-rate residential development and certain large institutions.
What Will the TSP Do?

The Transportation Sustainability Program is made up of three components:
  • Enhance Transportation to Support Growth
    • Fund citywide transportation improvements, like more Muni buses and trains, to help accommodate new residents and jobs. Find out more.
  • Modernize Environmental Review
    • Make the review process align with the City’s longstanding environmental policies by changing how we analyze the impacts of new development on the transportation system under the California Environmental Quality Act (CEQA). The new practices will be more reliable and emphasize travel options that create less traffic. Find out more.
  • Encourage Sustainable Travel
    • Make it easier for new residents, visitors and workers to get around through methods other than driving alone by integrating environmentally friendly travel into new developments. New practices will provide on-site amenities so people have better options than driving their car by themselves, such as car sharing and shuttle services. Find out more.
Representatives from the City and County of San Francisco will be presenting this information to BOMA San Francisco's Government Affairs Committee on November 4th. If you are interested in attending, please email johnb@boma.com for the meeting details.

Tuesday, May 15, 2018

UPDATE: Volunteer to Support London Breed for Mayor - Multiple Locations and Events Available





BOMA San Francisco is supporting London Breed for Mayor. Please consider volunteering or attending an event for London at a time that is convenient for you. There are three campaign offices and multiple events that you can attend and show your support for our next Mayor!

If you have any questions, please contact John Bozeman, BOMA San Francisco's Director of Government and Industry Affairs at johnb@boma.com.


VOLUNTEER
(click on the image below)



EVENT

May 2018

Students For London Rally
May 19 at 10:00 a.m. - 2:00 p.m.

Board of Supervisor's President Breed has dedicated her entire adult life to serving our communities and improving the City’s housing, environment, public safety, and quality of life.

Come meet other students in San Francisco, relax in the sun, and meet the next mayor of San Francisco!

Mobilize with us starting at 10:00 a.m. The program will take place at Noon. RSVP by emailing info@londonformayor.com or by calling (415) LON-DON1.




About London Breed

Board of Supervisors President London Breed recently served as Acting Mayor, leading San Francisco following the tragic passing of Mayor Edwin Lee.

London first won election to the Board of Supervisors in November 2012. In January of 2015, her colleagues elected her President of the Board. She was re-elected as District 5 Supervisor in November 2016 and unanimously re-elected as Board President two months later.

London is a native San Franciscan, raised by her grandmother in Plaza East Public Housing in the Western Addition. She graduated with honors from Galileo High School and attended the University of California, Davis, earning a Bachelor of Arts degree in Political Science/Public Service with a minor in African American Studies. She went on to earn a Master’s degree in Public Administration from the University of San Francisco.

Before her election as District 5 Supervisor, London served as Executive Director of the African American Art & Culture Complex in the Western Addition for over a decade, transforming the struggling center into a vital, financially-stable community resource that provides after school arts and cultural programs for youth and seniors. She also served as a San Francisco Redevelopment Agency Commissioner for five years and in 2010 was appointed by then-Mayor Gavin Newsom to be a San Francisco Fire Commissioner, where she served until her election to the Board of Supervisors.

London has dedicated her entire adult life to serving our communities and improving the City’s housing, environment, public safety, transportation, and quality of life.

VOTE NO on Propositions C and D - Huge Tax Increases on Tenants





BOMA San Francisco Members:

We're well on our way to defeating two big Commercial Rent Tax measures on the June 5 ballot. We need your immediate help to get us over the finish line; June 5 is just over 3 weeks from now.

Campaign Media

Here are links to the campaign website, Facebook page and videos that are airing strategically on cable. There are also mail pieces/window signs and a social media/internet strategy component.

Website: http://www.votenosftaxes.com/
Facebook: https://www.facebook.com/Votenosftaxes/
YouTube: https://www.youtube.com/channel/UCaEdMlphv6Nyz4uQM4swdxg

Our Ask

Time is of the essence! We respectfully request an immediate donation from our building members. Considering the potential asset value drop, should either Prop C or D pass, this investment is minimal!

Vendor firms: Please donate what you can, considering this major threat to your clients. Prop C will add a new gross receipts tax of 3.5% and Prop D will add a new gross receipts tax of 1.7%. Both measures are effectively another blank check for elected officials to spend on pet projects without regard for massive projected future budget deficits. We must defeat these measures soundly.

Please click here to contribute directly to The Committee for an Affordable San Francisco, No on C and D.

Other Threats on the Horizon

While Propositions C and D on the June ballot both unfairly target commercial landlords with the largest proposed tax increase in San Francisco history, other threats loom as well. Measures being considered by elected officials and others include parcel taxes, additional taxes on commercial rents, sales taxes, business revenue taxes, utility taxes, and more.

Questions? Contact John Bozeman at johnb@boma.com.

Summary of the Two Proposed Gross Receipts Tax (GRT) Measures Targeting Commercial Real Estate

Current law requires commercial building owners to pay a blend of a payroll tax and .3% on gross receipts from leases to the City and County of San Francisco. That money goes into the City's general fund. The two new gross receipts tax measures on the June 5, 2018 ballot would impose additional taxes on commercial rent. These additional taxes would be dedicated to fund specific programs, plus unspecified general fund use. The two commercial rent taxes on the ballot are:

1. 3.5% additional GRT on leases of commercial space; 1% on warehouse space (Proposition C)
  • Estimated to raise $146 million annually
  • 85% funds early child care and education, 15% is for general use
  • Tax would not apply to gross receipts from leases that have the following uses: industrial, arts, or non-formula retail, non-profit and small businesses
  • Requires 50% + 1 voter approval to pass
2. 1.7% additional GRT on leases of commercial space (Proposition D)
  • Estimated to raise $70 million annually
  • Funds low/middle income housing and homeless services
  • Tax would not apply to gross receipts from leases that have the following uses: PDR, retail and services, entertainment, arts and recreation, non-profit and small businesses
  • Requires 67% voter approval to pass

Monday, May 14, 2018

UPDATE: San Francisco's Accessible Business Entrance Program Educational Workshop on May 16th - Compliance Deadlines Extended



BOMA San Francisco Members:

Please join the Department of Building Inspection (DBI) in partnership with Office of Small Business, SF Planning, SF Public Works, Mayor’s Office on Disability and Access Appeals Commission for an afternoon event on the Accessible Business Entrance Program (ABE), the city’s new accessibility ordinance.

Following two recent sold-out workshops on the ABE, this event will offer attendees an opportunity to engage with key representatives from the city’s interagency group, obtain program materials and learn about accessibility resources. A resource fair will be held, followed by a two-hour workshop with topics to be covered: program overview; step-by-step review on completing the Pre-Screening and Category Compliance Checklist forms and the permitting process.

Register to save your spot at this informative event and to be notified of the day of event schedule.

DATE AND TIME

 May 16, 2018
1:30 p.m.– 4:00 p.m. 

LOCATION

SF Main Library - Koret Auditorium
100 Larkin Street
San Francisco, CA 94102

About the Accessible Business Entrance Program

The Accessible Business Entrance Program helps property owners comply with existing state and federal disability access laws and helps people with disabilities gain greater access to goods and services offered by businesses in San Francisco. For more information, please visit www.sfdbi.org/businessentrance.


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

UPDATE - March 24, 2018


BOMA San Francisco members,

Here is an opportunity to learn about this new program and how building owners can comply.

In 2016, a law was passed requiring building and business owners to make all primary entrances from the public way accessible for people with disabilities: The Accessible Business Entrance Program. The Program helps people with disabilities gain greater access to goods and services offered by businesses and helps businesses better comply with existing State and Federal accessibility
laws. 

If your building has a business that serves the public, this new law may apply to you. The first compliance deadline is May 23, 2018.

The San Francisco Department of Building Inspection, in partnership with the Office of Small Business, SF Planning, Public Works, Mayor's Office on Disability and Access Appeals Commission are hosting educational workshops to help building owners understand the requirements of the Program.


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

UPDATE - February 8, 2018

The Accessible Business Entrance program helps property owners comply with state and federal accessibility laws and helps people with disabilities gain greater access to goods and services offered by businesses in San Francisco. Passed by the Board of Supervisors in 2016 (Ordinance No. 51-16), the ordinance requires that existing buildings with a place of public accommodation have all primary entrances accessible for people with disabilities. 

Under state and federal law, a place of public accommodation is generally a business where the public will enter a building to obtain goods and services, such as banks, day care centers, hotels, offices, restaurants, retail stores, et cetera. 

Click here to review the details and compliance deadlines.

BOMA San Francisco's Codes and Regulations Committee will be holding a meeting with San Francisco Department of Building Inspection staff on February 28th at 12 Noon to discuss the requirements. Please email John Bozeman, BOMA San Francisco's Director of Government and Industry Affairs if you'd like to attend at johnb@boma.com.

BOMA MEMBER COMPLIANCE 

Compliance with this ordinance is ultimately the responsibility of the property owner. The ordinance is an addition to the San Francisco Building Code and the code only recognizes the owner of the structure. The ordinance, however, does state that it is not intended to interfere with any existing lease agreements between tenant and owner. If the owner has an existing agreement that the tenant shall pay for any accessible upgrades required, the ordinance does not nullify such agreements. It should be clarified, however, that the Department ultimately holds the property owner responsible for compliance.

If the tenant is determined to be responsible, the Department will ask the owner to consider that it may be to his or her advantage to assist in the cost of any remedial work because this ordinance may not have been foreseen by the tenant or owner when the lease agreement was signed.

NOTE: If the owner or tenant claimed and received an Unreasonable Hardship due to excessive cost, the determination of the Access Appeals Commission may include restrictions on the property that may affect what type of businesses are allowed to lease this property in the future without repairing the barriers to access.

FAQs

UPDATE - September 29, 2017

Here are two important items to review regarding this ordinance that BOMA San Francisco members worked on with Supervisor Katy Tang in 2015 and 2016.
  • San Francisco Department of Building Inspection (SFDBI) is the agency responsible for writing the guidelines regarding implementing this ordinance. The measure is detailed below or you can review the law by clicking hereAccording to SFDBI staff, draft guidelines are still in development. We'll alert you when that document is available. 
  • Supervisor Tang has introduced a companion measure that would extend the compliance time frame for existing buildings owners.
    • The time within which the owner of an existing building with a place of public accommodation has to comply with the mandatory disability access requirements as prescribed in the original ordinance for the primary entrance and path of travel into the building will be extended by one year. Also extended by one year is the time for the Department of Building Inspection to submit a written report to the Board and the six-year limitation on granting extensions of time to comply.
    • Please click here to review the ordinance and email BOMA San Francisco's Director of Government and Industry Affairs, John Bozeman at johnb@boma.com if you have any questions. 

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Original Post - October 2, 2015



BOMA members have been monitoring legislation introduced by Supervisor Katy TangMandatory Disability Access Improvements.

This ordinance, if passed, would relieve tenants of any responsibility for accessibility improvements or documentation establishing a technically infeasible situation or unreasonable hardship and place it squarely on the building owners.

Additionally, this legislation would establish a Disability Access Compliance Unit within the San Francisco Department of Building Inspection (SFDBI) to monitor this program, set fees to administer it, provide guidance and advice on specific situations, as well as issue determinations of technical infeasibility or unreasonable hardship.

Click here for the legislative digest.

Our Government Affairs Policy Analysis Committee (GAPAC) recently met with Supervisor Tang and here are the concerns our members have regarding the measure, as proposed:
  • San Francisco Department of Building Inspection (SFDBI) Staffing
    • Ordinance compliance by SFDBI might be an issue due to workflow demand increase if this measure were to pass.
      • How can building owners be assured that the turnaround time will be a fast one?
  • Lease Negotiation
    • Our members are concerned that allowing SFDBI to be the arbiter of ADA issues in private buildings will impede the lease negotiation process. 
    • This was also an issue in 2013 when we worked with then Supervisor David Chiu on his ADA legislation: http://bomasanfrancisco.blogspot.com/2013/01/update-disability-access-ada.html
      • Note that the same suggestions our members had in 2013, below, apply to this proposal:
        • Education 
          • Commercial property owners provide an Americans with Disabilities Act (ADA) disclosure to tenants/potential tenants to help educate them on the requirements of the ADA implications of non-compliance.
        • Compliance 
          • Allow a commercial property owner/tenant MORE time to correct primary entries/path of travel to ADA specific requirements in a tenant space. That is, set a due date for absolute compliance sometime farther into the future (e.g., 5-10 years) with a requirement to update primary entries/path of travel before the due date if new tenant occupies the space. 
            • This suggestion was based on the San Francisco High Rise Sprinkler Ordinance passed in 1993 that had similar requirements for compliance with regard to sprinklers in high-rise buildings. 
        • Lease Negotiation Process 
          • Commercial property owners need to have the ability to negotiate the costs associated with any tenant improvement with the tenant. This includes any costs associated with ADA compliance. 
  • Building Owner is Fully Responsible for ADA Repairs 
    • From our GAPAC meeting, it’s clear this is a major source of contention with our small building owners. 
    • As mentioned above, our members need to have the leeway to negotiate who pays for the tenant improvement. 
    • Perhaps any mention of the owner paying for upgrades can be amended to include owner and/or lessee. 
  • Technical Infeasibility 
    • Readily achievable should be the term used - in other words, easily accomplished and able to be carried out without much difficulty or expense for the tenant/owner. 
  • Post 2002 Building Exemption(Pg. 6; lines 11-15 – Chapter 11D; Sec. 1101D) 
    • Building owner/owners authorized agent must provide a written notice of exemption that provides a construction permit application dates on or after January 1, 2002. 
    • SFDBI should already have this information on file. 
As always, our members are appreciative of Supervisor Tang's early outreach to BOMA regarding this ordinance, and look forward to the continued discussion.

If you have concerns about this measure please email John M. Bozeman, BOMA San Francisco's Director of Government and Industry Affairs, at johnb@boma.com.

Wednesday, May 2, 2018

Central SoMa Adoption Hearing Postponed to May 10th




The Central SoMa adoption hearing will be held on May 10, 2018.

At the hearing on May 10, the Planning Commission is scheduled to take action on the proposed legislation as well as certifying the Environmental Impact Report and making accompanying findings and actions. After the Planning Commission acts, the Plan will go to the San Francisco Board of Supervisors for their consideration.

Date and Time: May 10, 2018 after 1:00 p.m.
Location: City Hall, Rm 400, 1 Dr. Carlton B. Goodlett Place
Agenda: Please check the Planning Commission agenda page on Monday, May 7 to see where the Central SoMa item is on the agenda

Apture