Article IX — AIRPORT

Sec. 2A.170. Airport Commission; Powers and Duties.

Sec. 2A.171. Airport Director.

Sec. 2A.172. Government Entity Agreements.

Sec. 2A.173. Leases and Concessions on Airport Property.

Sec. 2A.174. Naming Terminal 1 of the San Francisco International Airport for Harvey Milk.

The Airport Commission shall have all the powers and duties in the possession, management, supervision, operation, use, maintenance, extension and control of the San Francisco International Airport and of all other airport properties wherever situated as it may acquire or which may be placed under its control.

In carrying out such powers and duties, the Airport Commission shall have the authority to enter into all contracts, leases and other agreements which relate to matters under its jurisdiction or to airport properties wherever situated or as it may acquire or which may be placed under its control subject to the Charter.

In locating and determining the character and type of improvements and additions, betterments or extension to airport properties under its control, the Commission shall, in each case, first secure the written recommendation of the Airport Director, including analysis of cost, service and estimated revenue of all proposed alternatives determined feasible by said Director. Subject to the provisions of Section 2A.110 of this Code, the Commission shall have the power to purchase, lease or otherwise acquire all such lands, property, improvements or related facilities as it may deem necessary or convenient in the exercise of the authority granted hereunder.

The Airport Commission shall have power to fix, change and adjust rates and charges for the furnishing of services, including the furnishing of utility services.

(Added by Ord. 439-96, App. 11/8/96)

The Airport Director shall hold office at the pleasure of the Commission. The Director shall have full power and authority to administer the affairs of the Commission as the chief executive officer thereof. The Director shall appoint or remove the heads of airport divisions under the Commission's jurisdiction. The heads of airport divisions shall be exempt from the civil service provisions of the Charter; provided, however, that said Director and each division head so appointed possess the necessary executive, administrative and technical qualifications for his respective position.

In addition to the powers and duties conferred upon him or her as elsewhere provided in the Charter, the Airport Director shall have the power and it shall be his or her duty:

(a) To enforce all orders, rules and regulations adopted by the Commission relating to the regulation, operation or control of the funds, facilities, property and equipment of said Commission; and

(b) To supervise and manage the design, construction, maintenance and operation of all work or works authorized by the Commission and to that end, subject to its control and guidance, the Commission shall have the power to delegate to him or her such necessary powers and duties as are by the Charter or this Code conferred upon said Commission.

The Director shall also have the power to designate and assign by written permit lands, improvements, space or areas in any hangar or other building at any airport operated or controlled by the Department at the duly established rates or charges for the use thereof and subject to the applicable rules and regulations governing same. Each such permit shall be revocable by the Director without compensation to the permittee upon due notice to be stated therein.

(Added by Ord. 439-96, App. 11/8/96)

As set forth in Section 1.25 of this Code, any agreement for the acquisition, lease, or permit of real property authorized under Administrative Code Chapter 2A, Article IX, with a Government Entity is exempt from any competitive process requirements under Chapter 2A, Article IX, or elsewhere in the Administrative Code and is not subject to the provisions in the Municipal Code, including but not limited to the Administrative, Labor and

Employment, Environment, or Police Codes, imposing obligations or other restrictionson [1 ] contractors. This Section 2A.172 applies to all agreements for an acquisition, lease, or permit of real property, however they are titled, including any contract, memorandum of understanding, or similar instrument, memorializing mutual obligations between the Airport Commission and a Government Entity or Government Entities. For purposes of this Section 2A.172, “Government Entity” has the meaning set forth in Administrative Code Section 1.25(d), as may be amended from time to time.. [1]

(Added by Ord. 107-24, File No. 240301, App. 5/24/2024, Eff. 6/24/2024)

(Former Sec. 2A.172 added by Ord. 439-96, App. 11/8/96; repealed by Ord. 180-03, File No. 030870, App. 7/18/2003)

CODIFICATION NOTE

1. So in Ord. 107-24.

The Airport Commission shall have power to negotiate and execute leases of airport lands and space in airport buildings, without necessity for competitive bidding, to any person, firm, or corporation engaged in air transportation, aviation support services, or the provision of utility services to the public (including, but not limited to, the provision of: telecommunications, electricity, water, gas or sewerage), or to any agency of government, for such purposes only; provided, that the original term of any such lease shall not exceed 50 years, nor shall any extension of such lease exceed a period of 50 years, except that a lease for aviation support services shall not exceed 10 years. Aviation support service leases shall be granted only to those entities performing a service which the Airport Commission determines is necessary to provide direct support to one or more air transportation providers. Such services include: servicing, cleaning and provisioning of aircraft; handling, transfer and temporary storage of cargo and mail; inspection, maintenance and repair of aircraft and ground service equipment; handling of passengers and baggage; operations support and crew administration; loading and unloading of passengers, baggage and cargo; fueling of aircraft and other ramp support services; and/or checkpoint screening and perimeter control. Construction, demolition, or development shall not be considered an aviation support service. The Commission shall also have sole power, subject to a competitive process and award to the highest or best responsible bidder or proposer to lease out any concession wherein the concessionaire is to be given an exclusive right to occupy space on or in airport lands or buildings. There shall be no requirement for a competitive process in the award by the Commission of any concession in an instance where no exclusive right is given the concessionaire to occupy space on or in airport lands or buildings.

The Airport Commission shall also have exclusive power to lease lands now devoted to airport purposes or lands that may hereafter be acquired and devoted to airport purposes for a period not to exceed 50 years. Section 23.6-3 of this Code shall not be applicable to leases referred to in this paragraph; provided, however, that no lease of airport lands or agreement which divests the City and County of the right to manage, operate or control the aircraft landing field, the entire part of the airport not devoted to the aircraft landing field, or the entire airport shall be made without the approval of the Board of Supervisors by ordinance and referral and submission to a vote of the electors of the City and County at the election next ensuing not less than 60 days after the adoption of such ordinance, and such ordinance shall not go into effect until ratified by a majority of voters voting thereon.

(Added by Ord. 439-96, App. 11/8/96; amended by Ord. 197-12, File No. 120689, App. 9/24/2012, Eff. 10/24/2012)

(a) Terminal 1 of the San Francisco International Airport shall be named for Harvey Milk.

(b) By no later than September 1, 2018, the Director of the Airport shall submit to the Arts Commission for the Commission’s approval a plan for design and placement of artwork in the terminal memorializing the life and legacy of Harvey Milk. If the Arts Commission makes a decision to not approve the plan for design or placement of the artwork, the Director shall submit an alternative plan for design or placement of the artwork to the Arts Commission within 30 days.

(c) By no later than December 1, 2018, the Director of the Airport shall submit a report to the Board of Supervisors and the Mayor describing the steps the Airport has taken and plans to take to implement this Section 2A.174 and publicize the name of the terminal, including plans for signage in the Airport and plans to place artwork in the terminal.

(d) The signage identifying the terminal for drivers, on the exterior of the terminal generally facing the roadway and the domestic parking garage, shall state “Harvey Milk Terminal” in a sign with lettering in which capital letters are at least four feet high, and, below “Harvey Milk Terminal,” shall state “Terminal 1" in a sign with lettering that is approximately seventy-five percent of the height of the lettering of the “Harvey Milk Terminal” sign.

(e) Additionally, wherever signage identifying “Terminal 1” appears on the interior or exterior of the terminal or Airport, the words “Harvey Milk” shall appear in equal or greater height.

(Added by Ord. 62-18, File No. 170872, App. 4/16/2018, Eff. 5/17/2018; amended by Ord. 75-19, File No. 190143, App. 4/26/2019, Eff. 5/27/2019)