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Supervisors approve framework to lease up to 20,000 sq ft for San Francisco Law Library at 1200 Van Ness after hours of public testimony

San Francisco Board of Supervisors Budget and Finance Subcommittee · March 27, 2013
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Summary

After more than three hours of testimony from attorneys, trustees and community groups urging the supervisors to preserve at least 30,000 sq ft for the San Francisco Law Library, the Budget and Finance Subcommittee approved a resolution to pursue a lease at 1200 Van Ness for up to 20,000 net rentable square feet and asked staff to file the finalized lease with the board.

The San Francisco Board of Supervisors Budget and Finance Subcommittee voted to approve a framework for a lease at 1200 Van Ness Avenue that would provide up to 20,000 net rentable square feet for the San Francisco Law Library and authorize the director of property to finalize terms and file the executed lease with the board for review.

The vote followed more than three hours of public comment on March 27, during which dozens of attorneys, law librarians, trustees and community advocates urged supervisors to secure 30,000 to 35,000 square feet for the publicly funded library and preserve its physical collections and services for low-income and pro se litigants. "If we don't make a serious commitment to having a very robust law library, I think we are failing ourselves in a very grievous way," attorney Brindice Tobin told the committee during public comment.

Why it matters: witnesses described the library as a critical, often sole, source of legal information for people who cannot afford subscription databases or private counsel. Multiple speakers said online subscriptions such as Westlaw or Lexis are prohibitively expensive for solo practitioners and members of the public and cannot fully replace books, specialized treatises or librarian expertise. Trustees and staff described long-standing storage problems for the collection and said some materials have been kept in deteriorating off-site storage (Brooks Hall) since the 1990s.

What the committee approved: John Updike, director of the Department of Real Estate, presented the proposed lease terms in committee. The package authorized staff to negotiate an initial lease of up to a five-year term with one five-year option, at rent not to exceed $36 per square foot per year and a space not to exceed 20,000 net rentable square feet. The current workable First Floor footprint is approximately 15,633 usable square feet, with a city right of first offer for up to an additional 5,500 square feet of lower-level space if it becomes available (expected mid-2014). The plan allows for compact shelving to increase capacity but noted structural and accessibility trade-offs.

Budget effects and conditions: the budget analyst reported the total estimated cost for the initial five-year term at $5,039,577, which includes capital improvements and relocation costs. The city has $1,000,000 previously appropriated and on reserve for capital and FF&E; the Department of Real Estate said the city would contribute up to about $800,000 toward roughly $1,000,000 in tenant improvements and move costs. The analyst also noted the proposed rent and utilities under the new lease ($559,008.69 over the five-year term as presented) would be significantly higher than current War Memorial occupancy fees ($190,004.31), and recommended that the finalized lease be placed in the board file and that any exercise of first-offer or any lease modification return to the board for approval.

Community reaction: library trustees and many speakers told the committee the library's professional staff had recommended a minimum of 30,000 square feet to avoid fragmenting collections and to maintain public access to historical materials and practice guides. "We were expected to come back in as all the other departments that were to come back in. It's been 18 years," a trustee said, recounting promises dating to the 1990s and a 2004 board effort to identify permanent space. Speakers also warned that shrinking the library would disproportionately harm low-income people, immigrants and people with disabilities who rely on in-person services and staffed assistance to navigate legal processes.

Next steps: the committee approved the amended resolution without opposition and directed the director of property to file the conformed executed lease in the board file and to return to the Board of Supervisors for any approvals required by exercise of first-offer rights or lease modifications. The subcommittee did not take action during an earlier closed session; the committee then reconvened and completed its vote in open session.

Details to watch: whether the landlord makes lower-level space available in 2014, whether compact shelving will be used and how the board responds to continuing calls for a larger permanent facility if litigation or fundraising produce different options. The issue has a history: trustees and city documents referenced a 2010 comptroller draft estimating a 35,000-square-foot need and earlier negotiations around a 525 Golden Gate proposal.