AB 2616 WOULD ERODE PRIVATE PROPERTY RIGHTS

In an attempt to expand areas where “signature gatherers” can ply their trade, a state Assemblymember has introduced a sweeping new measure that would undo 30 years of case law protecting the private property rights of businesses to control their front doors.

AB 2616 (DeVore; R-Irvine) specifies that “apron” and “perimeter” areas of retail establishments would be considered “public areas” which means that in addition to signature gatherers, protestors, picketers, solicitors, and anyone else looking for an audience would have the right to stand on business’ property with no recourse for the owner.

Since 1979 the courts have held that shopping centers have replaced the traditional public forum or town square. Current case law provides that certain individuals may come onto shopping center property to express their first amendment rights of free speech provided there is no interference with the shopping center's business. Current law also provides that time, place, and manner rules may be imposed upon such persons. A retail establishment, big or small, is not considered a public forum or town square and a single property owner or tenant should not have to engage in establishing rules and enforcing them when there are other alternatives.

When the bill was initially heard in the Assembly Judiciary Committee, the sweeping changes were soundly rejected. However, in a successful attempt to move the bill, at the last moment, the author verbally amended the bill to apply only to “big box” retail, which enticed enough committee members to change their vote and pass the bill.

CBPA believes this is an unconstitutional effort that puts all business property owners at risk to lose the ability to control who may or may not be on their property. Unfortunately this is a slippery-slope that begins with the entrance to large retailers and next gets applied to the large office complexes. This is a core issue for all property owners that will be vigorously opposed.
 

BIPARTISAN ADA REFORM MOVES FORWARD

The bill, strongly supported by statewide business groups including the CalChamber, California Business Properties Association, California Hotel and Lodging Association, and the California Restaurant Association, passed two Senate policy committees this week. Showing the broad bi-partisan support the measure has garnered, in two days the bill was heard and moved through the Senate Business, Professions and Economic Development Committee and the Senate Judiciary Committee, without a single dissenting vote.

SB 1608 is coauthored by Senator Ellen Corbett (D-San Leandro), Senate pro Tem-elect Darrell Steinberg (D-Sacramento), Senator Tom Harman (R-Orange), Senator George Runner (R-Antelope Valley), Senator Ron Calderon (D-Montebello), Assemblymember Cameron Smyth (R-Santa Clarita), and Assemblymember Lois Wolk (D-Davis).

The reform measure is designed to address two important ADA reform goals: Promote and increase compliance with state and federal civil rights laws providing for equal access for individuals with disabilities in public accommodations; and reduce unwarranted, unnecessary litigation that does not advance the goals of disability access.

BOMA California along with a long list of business groups support these important reforms and will actively work to move the legislation forward and seek the Governor’s signature.

Click here to see the SB 1608 business coalition letter.
 

GRAFITTI VANDAL BILL PASSES COMMITTEE

AB 1767 (Ma), which adds the act of vandalism by graffiti to the list of misdemeanor offenses that cannot be remedied through civil compromise, passed the Assembly Public Safety Committee on a unanimous vote. Graffiti vandalism is a huge problem and a huge expense to local governments and private property owners in all areas of the state. This bill makes the act less attractive for potential graffiti vandals to perpetuate their destruction of public and private property and get away with just paying restitution or a small fine. If graffiti vandals in California know they will definitely have to serve time cleaning up graffiti, painting over "art" and tags, or performing some other local community service, they may not be so eager to commit the offense.

BOMA California strongly supports this measure and will keep you posted on its progress.
 

GREEN LEASES TOOLKIT

The California Sustainability Alliance just launched a Green Leases Toolkit designed to help owners and tenants of commercial real estate overcome barriers to greening leased office space. The toolkit is designed to assist tenants and landlords with the greening of leasehold sites by incorporating specific tools and work flow into the leasing process, such as: educating their organizations, developing their own green leasing policies and requirements, communicating policies and requirements to the market, measuring and comparing the green attributes of different buildings, and developing specific lease language. Click here to read more about the Green Leases Toolkit.
 

SF ANNOUNCES STRINGENT GREENHOUSE GAS ORDINANCE

A new ordinance in San Francisco has been proposed by Supervisor Ross Mirkarimi (with support of the Mayor’s office) would attempt to substantially reduce the greenhouse gas emissions allowed for city government agencies beginning in 2012, and be more stringent than the state’s AB 32 requirements. Under his proposed law, city departments would be required to meet the reduction targets, and to issue action plans annually with specific recommendations on how to reduce emissions in both department operations and in private sector emissions sources regulated by that department.

This is another example of a growing trend in California where policymakers and jurisdictions are attempting to “outgreen” one another. Through AB 32, California has the strongest greenhouse gas reduction emissions law in the nation and before those regulations are even put in place, the law is being undercut by entities trying to go “above and beyond.” We contend that a “patchwork quilt” of greenhouse gas emissions regulations across the state is not going to have the overall positive impact that one understandable, predictable, and enforceable regulatory structure will have.
 

L.A. PASSES GREEN BUILDING ORDINANCE FOR LARGE COMMERCIAL

In another example of the phenomenon above, the Los Angeles City Council passed an ordinance requiring large commercial and residential builders, with more than 50,000 square feet of floor space, to meet LEED standards. Critics have pointed out that there are many issues implementing such a standard and are concerned that by mandating a private program there is no public review process of the building standards. Unlike statewide building standards that go through a rigorous technical and economical review, by adopting a private program the city of Los Angeles has forgone the use of that process. Click here to read a story on the proposal.
 

PROPOSED GREEN BUILDING STANDARDS – FEEDBACK NEEDED

LAST CHANCE! In an effort to reduce green house gas emissions and promote sustainable buildings, the California Building Standards Commission (BSC) is currently conducting an annual building code adoption cycle that includes a new California Green Building Standards Code (CGBSC). The CGBSC is scheduled for adoption sometime this summer. When published, the CGBSC will contain green building standards for single family homes, schools, health facilities, and commercial buildings (commercial also includes industrial and retail real estate). Developed as a framework upon which to be built and refined further, the standards will initially be voluntary, however, it is the intent of the BSC to develop mandatory green building standards in subsequent code adoption cycles.

Your analysis and feedback is needed on the proposed changes for non-residential properties. Click here to read the proposed changes for California Green Building Standards Code, Part 11, Title 24 -- Commercial, Industrial, and Retail Real Estate.

Since the intent is that these codes eventually become mandatory, it is very important that members of our industry read these regulations and identify issues that the BSC should consider. BOMA California will again compile industry comments and provide written and verbal testimony. Please send any and all comments by replying to this email or sending directly to Matthew Hargrove. Comments are due to CBPA by no later than Tuesday, May 6.
 

NO MORE GAS-GUZZLERS FOR HOUSE MEMBERS

In a symbolic effort to show leadership on lowering dependency on foreign oil, members of the U.S. House of Representatives, using public funds for transportation, are going to be required to lease cars that emit low levels of greenhouse gases. However, some Congress members are not keen on giving up their American made cars for Priuses, so the list of acceptable cars is expected to be expanded to include domestic models such as the Ford Escape Hybrid and the Mercury Mariner Hybrid. Congress hopes that the new rules will force lawmakers to serve as better examples, because everyone knows that once more young people see Congress members driving a hybrid it will become “cool” and all the kids will want to do it. Like for sure dude!
 

CALIFORNIA COMMERCIAL REAL ESTATE SUMMIT JUNE 10-11

California Commercial Real Estate Summit (CCRES) will be held in Sacramento on June 10 and 11, 2008. This event is the one time of year that industry leaders from all sectors of the commercial, industrial, and retail real estate industry converge on California's Capitol to meet with policymakers. The summit gives you an opportunity to meet other industry leaders from across the nation, high-level staff from Governor Schwarzenegger's Administration, and California State Legislators. Click here for more information and to register for the event.
 

BOMA CALIFORNIA 2008 CALENDAR

JUNE 10 & 11 —
CALIFORNIA COMMERCIAL REAL ESTATE SUMMIT (optional)
Sacramento (Hyatt Regency)
BOMA California Legislative Days – come to Sacramento to meet your statewide elected officials and advocate on behalf of the commercial real estate industry.

JUNE 11 —
BOMA CALIFORNIA BOARD MEETING
Sacramento (Hyatt Regency)
1:30 p.m. – 5:00 p.m.
This Board Meeting is held immediately following the conclusion of the California Commercial Real Estate Summit to allow BOMA California members the opportunity to attend both events.

OCTOBER 23 —
COMMERCIAL/INDUSTRIAL/RETAIL REAL ESTATE INDUSTRY AWARDS DINNER
The Island Hotel (formerly the Four Seasons), Newport Beach, CA
5:30 p.m. – 9:00 p.m.

OCTOBER 24 —
BOMA CALIFORNIA BOARD MEETING & ELECTION OF 2009 OFFICERS
Newport Beach (meeting location TBD)
10:00 a.m. 3:00 p.m.