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BOMB Scene...

Drill & Seminar Explore Ways to Be Prepared

Fall 2015

On an early Sunday morning in September, a group of BOMA Emergency Preparedness Committee members and volunteers convened at San Francisco’s Ferry Building for a joint training exercise with the San Francisco police and fire departments. THE SIMULATED EMERGENCY: A scene similar to the Boston Marathon bombing on the back dock of the Ferry Building, where the busy Farmers’ Market takes place. A bomb had detonated and there was speculation that another bomb was in the area. Triage was needed for victims of the explosion, while the second bomb needed to be located. The drill took months to plan, said Jackson Talbot, Director of Security at the Pyramid Center and former Chair of the BOMA San Francisco Emergency Preparedness Committee. “We had a tabletop and discussed what we would want to know in a situation like this.” (Continued on page 12)

Building Codes: Keeping Your Building Compliant Commercial property managers must be aware of a dizzying array of city, state and federal regulations to do their jobs effectively. That’s why BOMA San Francisco informs members at our Annual Building Codes seminar. “This is an opportunity for members to meet and interact with city officials from the building and fire departments and to hear from design and construction professionals about changes to codes and the permitting process and the most effective ways to comply,” says BOMA San Francisco Vice President, Public Policy, Ken Cleaveland. At the recent seminar topics ranged from disability access to Title 24 energy concerns to rooftop regulations and sprinkler retrofitting.

Permitting Developments to Watch A panel discussion on commercial permitting, led by Skip Soskin, senior associate and LEED AP, Huntsman Architectural Group, highlighted some of uniquenesses of doing business in the City that out-of-town architects sometimes overlook. When applying for permits through the Department of Building Inspection (DBI), disability and green checklists are required. Any change of use must go through the planning department, as do any projects that are below the fourth floor and visible from the street. It’s important to know if your building is fully sprinkled, and the fire department requires an exiting plan. A path of travel to elevators, garage and other areas must be accessible. Projects in historic buildings, those more than 50 years old, must be presented to the preservation planning desk. Soskin recommended that your architect be present at the plan check, in case any changes to the drawings are needed. Also, when drawings are approved, only the design professional and owner can pick them up. Tenants cannot. (Continued on page 10)

2 Q&A with John Combs BOMA San Francisco’s Newly Elected President

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Q: Tell us a little about your background in commercial real estate and your motivation for founding RiverRock Real Estate Group.

I was a professional horse trainer and all of my wealthiest clients were commercial real estate developers. I decided it would be better to have a trainer than be the trainer. So I got into real estate management. I am the only person I know who took a property management class in undergraduate school (SMU) and then went to get a grad degree. I interned as part of my property management class for a developer/ manager who later hired me as a property coordinator. Six years later, I connected through BOMA contacts to transfer from Dallas to California and have been active ever since. I used to run the asset management, retail, development services and accounting for Insignia ESG. We had 300 MM sq. ft. and 1,800 employees under my division. When CBRE bought Insignia ESG, I started RiverRock 14 years ago. Today we have 26 MM sq. ft. throughout California and Arizona and have some very interesting assignments in NorCal like 275 Battery, The Presidio non-residential portfolio and Daniel Burnham Court. I believe happy employees offer better service. This is what differentiates us from our competitors. We have won “Best Company to Work For” the past seven years. We have employee forums where no executives are on the calls with a moderator taking notes of ideas to make us better. We give birthdays off, give all RockStars $75 for their birthday, have summer hours where we close early on Fridays and also do the same in December so our teams can have more time with their families in the busy holiday season. I believe that if you listen to your teams and respect them, everyone will be happier. Same for all of our volunteers and members in BOMA! Q: Could you share your vision for presiding over BOMA?

My focus will be on getting more owner/investor interest and involvement in BOMA and our activities. There is also a need for a greater awareness by the “O” in BOMA of what all BOMA is involved with in recruitment, technology, building codes, politics and legislation. I have been amazed at the depth and breadth of our membership, but believe we need to get the word out to owners and solicit their involvement and support. This includes keeping our database of asset managers up to date. Q: How did you get involved with BOMA? How has BOMA in San Francisco and elsewhere benefited you and your colleagues— from leadership down to entry-level positions?

All the board and committee leaders are volunteers. That is a very different leadership style to accomplish the group’s goals than when you have paid employees. To lead a group of volunteers requires you (Continued on page 14)

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4 Principal Member Profile

Brooke Barnecut Property Manager, Kilroy Realty

No day is the same at Kilroy, and that’s what appeals to Property Manager Brooke Barnecut: “A typical day may include a tenant meeting/site walk, construction meetings and coordination for tenant impact, accounting/budgeting reporting, lease documentation, scheduling and implementing capital projects. Let’s just say there’s never a dull moment!” Barnecut brings her talent juggling many activities to her position as chair of the BOMA YP (Young Professionals) Steering Committee. Highlights during her leadership included a career success workshop on the construction process, the annual Bay cruise and many networking events. This year the committee took on a mission — to volunteer 100 hours of community service. “We thought it would be a good opportunity for all of us to get together outside the committee and bond. We are almost at our goal and our next volunteer opportunity will be with the San Francisco Fire Department.” In August, the YPs donated $1,000 to the fire department’s toy drive by increasing the ticket price at a networking event by $10 and donating the excess funds. Barnecut was first introduced to BOMA in 2011 when she started with Kilroy, which is a big proponent of BOMA. In 2013 she served on the Education Committee and helped plan building tours and took a number of workshops. She is now completing the RPA program. Her advice for other young professionals who would like to further their skills and grow their Barnecut enjoys sports, network through BOMA? “Just dive in. I remember feeling apprehensive in the beginning. But including cycling, golf and paddle boarding. once you attend one event, you’ll end up going to more, expanding your network, then eventually joining a committee that piques your interest, and soon becoming chair of a committee.” When she’s not at work or BOMA, Barnecut participates in a variety of sports. “I just picked up golfing this year, and I absolutely love it. I also enjoy weekend trips to Tahoe, paddle boarding in the summer and snowboarding in the winter.”

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Associate Member Profile Mike Scribner, President, BCCI Construction Company The San Francisco Business Times rated BCCI Construction Company a top 25 best place to work among mid-sized companies, and Engineering News-Record rated it in the top 400 contractors. What makes the firm’s approach unique? “We know how to successfully operate in this dynamic market where schedules keep getting more aggressive, material lead times more challenging and labor more scarce,” says President Mike Scribner. “With the vast amount of construction going on in the City, resource management is a top priority. The depth of our project personnel and their Mike Scribner and his wife Nancy at their winery. wide range of construction experience allow us to take on unique and often complex projects ranging from fast-paced service requests to large-scale corporate headquarters and ground-up projects.” BCCI recently completed the design and construction of its new headquarters at Levi’s Plaza. “Our goal was LEED CIv4 Silver certification and WELL Silver Certification for interiors,” says Scribner. “The new WELL Building Standard is a first of its kind certification program that focuses exclusively on occupant health and wellness. Our new workplace environment, which reflects many of the projects we build for our clients, is completely open office with a range of various sized private meeting spaces and amenity areas such as a large kitchen, lounge, and wellness room.” For more than 20 years, BCCI has been active in BOMA San Francisco. “Although we primarily work with tenants, we recognize that strong relationships with all stakeholders are critical to the success of every project—and that includes building ownership, management and the engineering staff,” notes Scribner. “Being a member of BOMA has further facilitated making those connections. BOMA provides excellent networking, educational programs, and leadership opportunities. Our team members have been actively involved in the Codes & Regulations Committee which has not only given us keen insight into code compliance and regulatory issues, but also how policy and standard changes affect the commercial real estate industry and construction industry as a whole.” Off-hours, Scribner enjoys spending time with his family, traveling and making wine at his Sonoma County winery.

6 Election Wrap-Up: BOMA’s Recommendations Win Big by Ken Cleaveland, BOMA San Francisco Vice President, Public Policy 2015 was an off-year election year in most of the and pushes political leaders to consider the impact their country, but not here in San Francisco! We had elections decisions could have on our economy and job production. for mayor, sheriff, treasurer, city attorThe PAC reviewed and took positions on ney, district attorney, community college 10 of 11 city ballot measures, some of which board and supervisor for District 3. would definitely affect the value of commerThe BOMA–SF–PAC met with cial real estate and was successful 90% of the the business-friendly candidates and time. In summary: endorsed Ed Lee for mayor (who easily Prop A – BOMA supported the Prop, won his second term), Vicki Hennessy which passed far above the 66 2/3 requirefor sheriff (who defeated incumbent ment, and will provide $310 million for Ross Mirkarimi) and Alex Randolph affordable housing. Funds will be leveraged for community college board (who ran by local officials into over $1 billion in new against three other candidates and won). construction for not only low-income housThe only disappointment was Julie ing, but also for middle-income housing for Christensen, SF Supervisor for District 3, teachers and life-safety professionals. It was Mayor Ed Lee easily won, who was appointed by Mayor Ed Lee to Mayor Lee’s top priority. as did Prop A, his top priority. replace David Chiu, who moved on to the Prop C – BOMA supported this measure California Assembly last January. She was which extends the registration of lobbyists’ defeated by former Supervisor Aaron Peskin. requirements to include workers of non-profits and BOMA does not shy away from taking positions organized labor when they lobby City Hall, something that that will enhance the value of our members’ assets had been required only of business interest lobbyists, such as myself. The playing field should be level, for the business community, non-profits and labor, and the voters agreed. Prop D – BOMA supported the Mission Rock project that will rise behind AT&T Park, adding immense value to the city’s tax base and creating many new jobs. It passed and, along with commercial and retail space, will add much-needed housing, including 40% affordable housing. Prop E – BOMA opposed Prop E, which would have required all city meetings to be broadcast live online and would have allowed anyone around the globe to participate in those meetings. The measure would have caused chaos in scheduling meetings and diluted the participation of San Franciscans in the local political process. It failed. Prop F – This measure would have imposed draconian restrictions on homeowners renting out bedrooms Construction Clean-Up or homes/apartments on websites such as AirBnB, HomeAway and VRBO. It failed, but will likely be back Pressure Washing in 2016 if the SF Board of Supervisors doesn’t come up High-Rise Window Washing with a compromise that satisfies proponents of additional restrictions. BOMA opposed it for two reasons: it would have created a right of private legal action, so neighbors could sue their neighbors over renting to tourists, and it would have locked in the rules with no ability to change them without going back to the voters.


(Continued on page 8)

7 Members on the Move Gail Ringer, Senior Property Manager for Kilroy Realty, and Bill Whitfield, General Manager, Shorenstein Realty Services, were named to the BOMA San Francisco Board of Directors at the annual meeting in October.

A r e Yo u G r e e n ?

Make it S e e n ! Newly elected BOMA–SF–PAC officers include: Chair: Andrew Junius, Reuben Junius and Rose; Vice Chair: Jim Collins, Shorenstein; and Treasurer: Rick Buziak, Kilroy Realty. (Shown from left to right.)

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San Francisco native, Jim Christian, DRA Advisors, a private equity group, was recently appointed to the BOMA Cal Board of Directors representing BOMA San Francisco. He was a longtime member of the BOMA–SF–PAC Board of Directors and, prior to DRA, worked for the Shorenstein Company. Susan Court, formerly Director, Northern California Corporate Occupier & Investor Services for Cushman & Wakefield and now retired, was awarded Life Membership in BOMA San Francisco. Thank you for your 20 years of membership and for your service to BOMA’s Government and Policy Advisory Committee (GAPAC), your service as a director for BOMA’s political action committee (BOMA–SF–PAC), and as a BOMA San Francisco representative to the BOMA California Board of Directors.

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8 Election Results (Continued from page 6)

Props G and H – BOMA opposed Prop G and supported Prop H, which were two linked propositions dealing with clean energy. Prop G failed; Prop H passed. Prop H defines what the City considers “clean power” to your building for the purpose of creating electricity in San Francisco. Prop I – This Mission Moratorium measure would have banned market-rate housing construction in the Mission District for 18 months if passed. BOMA was strongly opposed, as were the Realtors and the other members of the business/labor Alliance for Jobs and Sustainable Growth. It did not pass. Prop J – This was our only ‘miss’ in terms of ballot measure endorsements. BOMA opposed allowing supervisors to use taxpayers’ money to shore up failing small businesses with subsidies if a business was declared a “legacy business” (defined as a business that’s been operating in the same location for at least 20 years). It passed. Our Supervisors will have to decide how much money to appropriate for this purpose on an annual basis. Prop K – This sensible measure mandates that “affordable housing” is the priority use for any vacant or unused city property sold, allowing for exceptions if voted on by the Board of Supervisors. It passed. Beyond the election, in our advocacy role, BOMA met with almost all of the City’s Supervisors, Assembly Member David Chiu, Mayor Lee and members of the Planning, Building, Fire, Assessor, Transit and Public Works departments. BOMA maintains close relationships with all of them. In addition, BOMA monitored and spoke against extreme restrictions on national retailers (our tenants), worked to amend legislation that would require owners to bear the full expense of accessibility upgrades, defended our industry against unreasonable new transit fees, and worked with the city assessor to simplify reporting requirements for tax assessments. At the state level, BOMA was a prime mover in changing laws governing energy • Facilities Management Services: Stationary engineers & management of benchmarking for buildings, and new legislation passed that will require separateancillary services ly metered tenants to have their usage information given to the owner for reporting •Energy Management Services: Full whole building energy data to state or local governments. service energy programs BOMA is the only CRE organization actively engaged in the code adoption proHVAC & •Mechanical Services: Se refrigeration maintenance, repair & cess, where changes in codes can have huge financial implications for building owners. installation BOMA always pushes for no retroactive requirements on existing buildings and for •Controls Services: BMS installation & monitoring a common-sense approach to new code regulations, especially related to energy-use reduction mandates. BOMA scored a significant victory when the state agency responsible for regulations dealing with EV charging stations in existing buildings recommended against requiring that all stations be accessible to the disabled. This would have a serious impact on buildings’ parking revenues. GSH Group 973.227.5515 Lastly, BOMA worked to create a more reasonable standard for elevator mainte4 Gatehall Drive, 2nd Floor nance and is awaiting the final adoption of our recommendations by the state labor Parisppany, NJ 07054 board. n


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9 In Memoriam BOMA mourns the passing of Douglas W. Shorenstein, Chairman and CEO of Shorenstein Properties LLC. During his leadership, the company evolved from a San Francisco-focused real estate operating company into a real estate investment, development and management company active throughout the United States. Shorenstein supported numerous civic and philanthropic causes and served on the board of many such institutions, including board member, Environmental Defense Fund; executive council of UCSF Medical Center; executive committee, The Real Estate Roundtable; and advisory board member, the Shorenstein Center on Media, Politics and Public Policy at Harvard’s Kennedy School of Government. Shorenstein is a past chairman of the board of directors, Federal Reserve Bank of San Francisco; and was previously on the board of Vanderbilt University and the advisory board for Yale School of Management. In 2011 Shorenstein was inducted into the Bay Area Council’s Bay Area Business Hall of Fame, which recognizes the extraordinary achievements of individuals and families who have advanced San Francisco Bay Area-based businesses to positions of national and international prominence and who have enriched the civic life of the Bay Area community. Prior to joining Shorenstein, he worked as a real estate attorney with the law firm of Shearman & Sterling LLP in New York in its Real Estate Group. He graduated from University of California at Berkeley with a B.A., and from University of California, Hastings College of the Law with a J.D.

Arlen O. Ellis who served a two year term as President of BOMA San Francisco, 1977–1979, passed recently. Ellis had also served as President of IREM San Francisco and was Secretary Treasurer for BOMA International, as well. He mentored many as they pursued commercial real estate careers.

BOMA San Francisco Welcomes New Leaders Wes Powell, International Director, JLL, was elected President-Elect of BOMA San Francisco.

Marc Gille, Director of Asset Management, Embarcadero Capital Partners, was elected Treasurer of BOMA San Francisco.

Mark your calendar for these 2016 BOMA events. Visit and click on the Calendar tab for the complete listing of events.

Membership Luncheons Jan. 21 March 24 July 28

Sept. 15 Oct. 27 Nov. 17

(Thursdays at The City Club)

General Membership Networking Events Feb. 11 – Awards Gala featuring TOBY winners April 20 – BOMA at the BALLPARK May 19 – CREATE Gala Sept. 19 – Annual Elmer Johnson Golf Tournament

10 Codes Seminar (Continued from front page)

Mark Walls, Senior Building Inspector, DBI, stressed that the City would rather approve something over the counter. “There’s no trick. We allocate one hour for review,” he said, and advised arriving early to avoid waiting. “If it’s not busy, we will give you extra time.” He added that if you disagree with something during review, ask to see the floor supervisor. If you need to return, try to see the same inspector. DBI provides a schedule showing inspectors’ work schedules. Some of his pointers for expediting permitting: Having a fully sprinkled building gives you lots of allowances. Make sure your DA checklist is current. Provide an adequate path-of-travel plan. He said that DBI will work with you in creating a path-of-travel plan to meet requirements. Senior Building Inspector Richard Halloran added that a path-of-travel certificate is good for three years and streamlines field inspections. It saves costs and time and “eliminates field surprises.” Public Works Assistant Engineer, Streets and Mapping, Berhane Gaime said that if your project involves utilities (water/ sprinklers), a public works permit is needed and that exiting must be compliant: “We want to protect the public right of way.” You may apply simultaneously with the building department, although the departments are in different buildings. Micki Jones, Captain, San Francisco Fire Department Plan Check, said her department also likes OTC plans. She emphasized that there are hundreds of building code advantages to having a sprinkled building. A licensed fire protection vendor can issue a certificate, which she said should be sent to the fire department. It will be put in the database. SF Fire Department Deputy Assistant Chief and Fire Marshal Daniel De Cossio said that the department is adding resources and training due to the boom in construction. BCCI Construction Company Sustainability Coordinator Kena David highlighted sustainability concerns with permitting. Construction waste management plans are required that use a registered hauler which recycles at least 50 percent of waste. For LEED commissioning, architects must note on drawings all emitting materials and have MSDS’s (material safety data sheets) as documentation. Also, there are new baseline requirements for indoor water efficiency, due to the drought. Soskin recommended that if you had a problem and solved it, be sure to keep a record for future reference.

ADA Review: DBI and Legal Concerns DBI’s Halloran and Adam Dawson, Partner, Construction Practice, Farella Braun + Martel, LLP gave an overview of disability requirement concerns. Dawson warned of “professional plaintiffs” in California who visit buildings looking for violations. He emphasized that complying with the building code does not protect you against an ADA violation and that “good-faith” is not a good enough defense. If you make alterations in an existing building, you must comply with current regulations. Changes in public areas trigger pathof-travel requirements. There are major litigation risks, and it behooves you to make sure that your contractor is doing it right, especially regarding parking spaces and signage. If there is retail in your existing building, Dawson recommends working with your tenant to avoid liability. There are regulations about counter height and other accessibility concerns that may be addressed in employee training “Do what you can with what you’ve got,” he said. For example, SFECA electrical contractors continually improve one elevator and mark it as accessible. raise the standards of craftsmanship, safety, Halloran noted that accessibility is a very complex issue: productivity, innovation and value. ADA is a civil right, while Title 24 is a building code. There are overlaps in areas such as path of travel. California  Energy Efficiency  Property Maintenance code (Title 24) is more extensive than the Federal code. He  State-of-the-Art Installations  Energy Storage said that at DBI “we will help you find solutions to plans  Project Design  Renewable Energy and problems” that are reasonable and affordable. Halloran said that DBI is addressing issues raised by BOMA about the timing of new regulations pertaining to 415.703.8333 front entrances. He said there will be a checklist of items to

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11 be completed by the design professional that “will not be draconian,” adding that the two main reasons people are sued are parking and front entrances. He invited attendees to come to DBI’s bi-weekly brown bags to keep up-to-date.

Perspectives on Title 24 Billy Keller, Senior Project Manager, Pankow Builders, led a panel discussion on Title 24. Some highlights: Julie Stice, Chief Estimator, McMillan Electric, said the majority of new work related to Title 24 changes was electric (lighting, demand response, plug load control). Costs and wages have escalated, but costs are stabilizing. According to Cushman & Wakefield Senior Project Manager Dennis Latta, landlords want to focus on a building standard with integrated devices and develop best practices. This will bring costs down. ACCO Engineered Systems’ Vice President Curtis Cady noted that energy-efficiency controls will help move toward net zero energy. Moshin Shaikh, Associate Mechanical Engineer, SF DBI, reminded attendees to make sure that documents are compliant for plan check. There is an energy acceptance test procedure. ALR Lighting Rep Gregor Stewart recommended a handoff to introduce tenants to new controls and getting tenants engaged in learning the controls from the beginning. When documentation is in place, fine-tuning can occur with the end-user and architect. He added that a new code item in 2016 will be on dimming and that LEDs are helping buildings meet code more easily.

San Francisco Planning Department Update AnMarie Rodgers, Senior Policy Advisor for the San Francisco Planning Department, recommended monitoring the planning department’s website, which is updated every week. You may also subscribe to news reports that are sent by email. A mapping resource on the website allows you to look at active permits by neighborhood with zoning specifics. “Being a BOMA member is a good step for staying ahead,” she says. On the horizon: fees will be waived for tenants to change awnings next May, as part of a small business initiative. New rules for rooftop construction are in the works. Supervisors are looking at amending formula retail controls, especially for businesses that are on or visible from Market Street. Changes are being made to signage controls that require dimming of bright signs after 11 p.m. n See Page 13 for a Legislative Update from the Codes Seminar.

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12 Emergency Preparedness (Continued from front page)

Shortly after the drill, the BOMA San Francisco He also stressed the importance of training drills. Test Emergency Preparedness Committee presented its your radios by talking to people in difference rooms. Be annual Emergency Preparedness Seminar. The program sure to think for 10 seconds about what to say before you was designed to educate BOMA members about the best get on the radio and talk. emergency preparedness strategies and how simulated Ferry Building Senior Property Manager Jane Connors emergencies can strengthen and Assistant Property building teams’ response Manager Lauren Silvey to a critical incident. San shared some lessons from Francisco Fire Chief Joanne the drill. Connors noted Hayes-White and Police that the process of preChief Greg Suhr spoke to paring for the drill was attendees of the seminar. just as important as the “My hat off to BOMA,” drill itself. She added said Chief Hayes-White, that many tenants were noting that she really impressed that the buildappreciates the partnership. ing was participating Forty to 50 members of the and came to watch it. fire department responded Inevitably, some glitches to the simulated emergency. occurred, such as a cell “It was a great exercise phone app that for us.” didn’t work after Chief Suhr said that “in a recent comthe world of preparedness, puter upgrade. the first preparation happens in your head.” “Remember Talk about scenarios in your workplace. He to stay in your recommended “practicing whatever happens lane,” said somewhere else,” such as an active shooter Silvey. “Property episode. When you see something on TV, managers are think about what you would do and the the voice for our proper response. tenants.” Stacia Keisner, Chair of the Emergency Allied Barton Preparedness Committee and a General Security Director Manager for CBRE, said that it’s not easy Isaiah Howard, Top photo: SFFD and security professionals participating to test your plan. Look at and evaluate your Sr., whose firm in the emergency preparedness drill. Photo credit: Daniel Martinez. Lower photo: SF Police Chief Greg Suhr, plan with all of your team — engineers, provides securiBOMA SF President John Combs and SF Fire Chief security and property management. One ty for the Ferry Joanne Hayes-White at the BOMA seminar. aspect of a live drill is the “adrenaline experiBuilding noted ence” which is a lot different than a tabletop. Any that all of its security staff are first-aid trained. Some BOMA member may volunteer for an emergency drill. lessons his team learned from the drill were to work out On the day of the drill, the police arrived on the scene logistics for communications and supplies. He said that first, then the fire department came to provide medical when you drill, you gain “muscle memory” that will help assistance. The initial call to the fire department was for you in a real emergency. He also recommended including police activity and a detonation. your security vendor in training exercises. Michael Thompson of the fire department emphasized Talbot summed up with three main points for handling several points to seminar attendees. In an emergency situemergencies: 1) Do you have a plan? 2) How will you ation, there must be a unified command when treating handle communications? and 3) How do you interact triage and a single point of contact in a building, such as with first responders? n an engineer or security person with keys to the building.

13 BOMA Leaders Share Concerns With Rep. Jackie Speier BOMA leaders had a recent “coffee and conversation” meeting with one of San Francisco’s two congressional representatives, Jackie Speier, who represents 4/5 of San Mateo County and the southern portion of San Francisco. “We had our list of BOMA issues that we discussed,” said BOMA Vice President Ken Cleaveland, “and had time for questions from members who attended.” Some highlights: Rep. Speier said she would look into becoming a co-sponsor of HR 765, which would make the 15-year leasehold depreciation schedule permanent, which BOMA has sought for many years. Speier was aware of the so-called “drive-by lawsuits” for minor ADA violations and supported finding ways at the Federal level to reduce them. In California, several measures passed that put restrictions on lawyers filing such lawsuits to make sure they are not frivolous or border on extortion. Consequently, many cases are now filed in Federal court, and changes need to be made at the Federal level. To that end, ADA Education and Reform Act of 2015 (HR 3765) was introduced by Rep. Ted Poe (R- TX). Cleaveland gave Speier’s aide a compilation of bills passed in California that have helped small businesses to better fight opportunistic lawsuits as possible roadmaps for amending Federal statutes. Lastly, we discussed the threat of repeal or evisceration of the 1031 “like-kind” exchanges. Speier assured us that this was not going to happen. (Top photo: BOMA leaders meet with Rep. Speier at BOMA office. Lower photo: Speier.)

Ken Cleaveland, BOMA SF Vice President, Public Policy, presented a legislative and regulatory update for attendees of the Annual Codes Seminar. Some key issues on the state level: w Water Efficient Landscaping rules went into effect requiring a 25% reduction in water usage. The updated DWR ordinance kicks in 12/1. w Effective January 1, 2017, the amount of waste content that is to be diverted for recycling or reuse jumps from 50% to 65%. w Administrative Regulations: BOMA has strongly objected to ARB or other state agencies issuing out code changes that didn’t go through the regular process of public vetting and approval through the Building Standards Commission. We expect the Commission to issue a directive to that effective next month. w Zero Net Energy: the policy goal is to have all new commercial buildings “zero-net energy” by 2030. BOMA has been telling the PUC that this is an unrealistic goal and consequently, the definition of ZNE is being revisited within the PUC to see how it can be made more realistic. w AEDs in new buildings: The installation of AEDs will be required in new buildings beginning January 1, 2017.

w Split roll property tax died in the legislature and is not expected as an initiative in 2016. Critical code changes on the international level: w Accessibility in existing buildings was a major issue. Codes change, but making existing buildings comply with newer ADA requirements would have been a costly and oftentimes impossible task. The code change that was adopted allows existing buildings to maintain accessible routes and means of egress based on the 2009 edition of the standard vs. the 2015 standard, which had significant changes in the minimum dimensions. w BOMA is pushing for the adoption of some reference product standard before mandating installation of emergency two-way communication in elevators for the deaf.

Legislative & Regulatory Update

If you have an interest in codes, their adoption process, and how to engage in the process, join the BOMA SF Codes Committee or participate on the BOMA International Codes and Standards Committee.

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President’s Column (Continued from page 2)

to understand what motivates them, so that you are sure they are getting their goals and needs met. Some people volunteer to give back, others want to make friends, others are required to do so in their jobs and some do it to meet potential employees, employers or clients. My goal is to get a diverse group of members helping to attract owners and investors and do this while achieving their own varied personal goals. I am so excited and charged up to hone my awareness of BOMA globally and nationally with such a large group in San Francisco with leadership to drive BOMA SF to new levels. Both the board and staff are really supporting this goal. I have never led a non-profit industry group of 1,000 large. Every day there is a BOMA activity, class, committee meeting, event or legislative effort. Q: RiverRock has a deep commitment to leadership training and education with your Rock U. What lessons might you bring from these experiences to your leadership?

We are constantly looking at tech and future disrupters in real estate services similar to Uber in the taxi business. A key to leading is listening and sharing great ideas. I believe that BOMA will give me ideas for topics for this

course and, through collaborating with so many professionals, I will come up with new ideas and thoughts for Rock U and for BOMA. I am so impressed with the extent of knowledge that is openly shared at BOMA. Q: What are some of the challenges that you see facing the CRE community in San Francisco?

With Apple, Google, LinkedIn and Uber stating they will buy whatever they can find and that employee recruitment and retention is more important than rent, the dynamic will drive much more change. We had five office buildings in California that were not for sale and where the owners got unsolicited offers from users that purchased the buildings. Thank goodness we retained them, but everyone knows the effort it takes to sell a building and the disruption it causes. Having said that, the capital expenses that the buyer will spend will further drive construction activity. An example of this is Uber purchasing the former Sears building in Oakland, which we managed for the seller and now the buyer. Q: What activities do you enjoy during your leisure time?

I am an avid collector of art, and I love to explore the wine country.

15 Mixing & Mingling Scenes from the Fall Fest at The Thirsty Bear Brewing Company. Thank you to event sponsor ZIRX.

Clockwise from top left: Rich Neves and Kim Tamayo, Pyro-Comm Systems. Nicole Dubee and Sean Fruth, Columbia Property Trust. Barbara Lao, ZIRX and Brooke Barnecut, Kilroy Realty; Jose Guevara, American Assets Trust and Mark Kim, Dome Construction. Sue Rinetti, ABM; Joe Braucher, Impark and Gail Ringer, Kilroy Realty.

BOMA Gives Good Government Awards to SF Chiefs At its November luncheon, BOMA San Francisco bestowed its Good Government award to two Public Officials of the Year for 2015: San Francisco Fire Chief Joanne Hayes-White and Police Chief Greg Suhr. Ken Cleaveland noted: “Both Chief Hayes-White and Chief Suhr rose through their respective ranks to become their department chiefs. Both give it their all every day and represent two city departments that are vitally important to BOMA and our community of owners, managers, and tens of thousands of tenants.� At right: 2015 President Blake Peterson, BOMA VP Ken Cleaveland, Chief Greg Suhr, Chief Joanne HayesWhite and BOMA SF 2016 President John Combs.

About BOMA VIEWS Views is published quarterly by BOMA San Francisco. Associate Publisher: Tory Brubaker Editor: Henry Eason Ad and Art Director: Ellen Eason Eason Communications LLC Contact Ellen Eason at 415.596.9466 or

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program run by the SF Parks Alliance benefiting disadvantaged kids in the Western Addition n Purchased uniforms and equipment for the North Beach Youth Soccer team n Supported the Shared Schoolyard Project to keep school playgrounds open all year for kids and families to use throughout the City n Donated funds to Friends of Victoria Draves Park, so families could enjoy summer movie nights in District 6 Did you know that “Serving San Francisco” is n Contributed to Friends of Larson Park, to help the tagline of BOMA’s political action committee, rebuild the Navy jet and playground in District 4 aka BOMA-SF-PAC? Our political action committee n Support the California Police does far more than just support Activities League, providing candidates for elective office, or tickets for many families to advocate for or against certain enjoy a special night out at ballot initiatives. Indeed, our tagline, the Cow Palace Rodeo. “Serving San Francisco,” is more Through our political action ... the leadership of our PAC recognized than just lip service. committee, we have taken the that beyond electoral politics, we had A number of years back, the opportunity to try and set an the opportunity to strengthen our leadership of our PAC recognized that example. We’ve done things that community, for the benefit of all. beyond electoral politics, we had the benefit citizens across the City. opportunity to strengthen our commuDespite the positions we may take on specific electoral nity, for the benefit of all. Today, with so much of issues or candidates running for office, we believe there politics played out on the fringes, it may seem “aspiraare things we can do that support the greater good, tional” to attempt serve the “greater good.” But isn’t regardless of whether we see eye-to-eye with the ultimate that what we want our elected leaders to try to do— beneficiaries of our actions. to make decisions not based solely on narrow ideology, Idealistic? Maybe. Altruistic? Certainly. Worth but rather, to do what is in the best interests of the overdoing? Absolutely! I encourage all members to contriball community? ute to BOMA’s political action committee, so that we BOMA-SF-PAC has attempted to do this in a number can do even more of this important work to strengthen of small, but we hope meaningful ways. To wit, we: the communities in which we operate. It benefits the n Support the San Francisco Police Activities League, greater good. What could be better than that? contributing to after-school programs that benefit disadvantaged youth Marc Intermaggio, CAE, is the Executive Vice President of n Donate to “Mo’ Magic,” an after-school activities BOMA San Francisco.

The Last Word: Marc Intermaggio

BOMA–SF–PAC Builds Community


News from the Building Owners and Managers Association of San Francisco.


News from the Building Owners and Managers Association of San Francisco.