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RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE
ESTABLISHING FEES, RATES AND CHARGES AT THE SAN JOSE
MINETA INTERNATIONAL AIRPORT, AND REPEALING
RESOLUTION NO. 79269
The following fees, rates and charges are established for use of land, paved areas and structures at the San José Mineta International Airport (Airport), Airport parking rates, permit fees and charges for ground transportation providers, permit fees and charges for off-Airport rental car companies, fees and charges for technology services provided by the City of San José (City) to tenants at the Airport, and rates and fares for the operation of taxicabs at the Airport.
SCHEDULE OF FEES AND CHARGES
SECTION 1. DEFINITIONS
a. Air Carrier
A Cargo Carrier or a Passenger Carrier.
b. Air Transportation Business
Business operated by Airline at the Airport of scheduled or non-scheduled commercial transportation by air of persons, property, mail, parcels and/or cargo.
c. Cargo Carrier
Carrier certificated by the Secretary of the U.S. Department of Transportation as a Cargo Carrier under 49 U.S.C. § 41103.
d. Comparable Airports
Peer airports of similar size within the California market and other regional airports within the San Jose market.
e. Director
Means the Director of Aviation or the Director’s designee.
d.f. FAA
The Federal Aviation Administration, an agency within the United States Department of Transportation, or its authorized successor(s).
e.g. Fiscal Year
The annual accounting period of City for its general accounting purposes which is the period of twelve consecutive months ending with the last day of June of any year.
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f.h. FBO
A FBO (Fixed Base Operator) is any City tenant at the Airport providing General Aviation aircraft services or commodities to aircraft owners, operators, pilots, or members of the public as further defined in the Airport Minimum Standards.
g.i. Gate
Those portions of the Terminal individually comprised of a passenger loading bridge, if any, and a passenger holdroom, as well as the ramp parking position adjacent to the Gate.
h.j. General Aviation (GA)
That portion of civil aviation involving private use aircraft used by any person for recreational, personal travel, or business or commercial purposes, but excluding: (i) all regularly scheduled passenger air carrier operations, (ii) all commercial passenger charter operations, and (iii) all air cargo operations.
k. Itinerant Aircraft
Any aircraft not based at SJC and uses the Airport on an irregular or unscheduled basis, and not subject to the Airport’s Airline Lease and Use Agreement
i.l. Maximum Gross Landing Weight (MGLW)
The highest maximum gross certificated landing weight for the aircraft model operated at the Airport by Airline as listed in the manufacturer’s Characteristics or Planning Manual. If the manufacturer’s Characteristics or Planning Manual is not available, the FAA Type Certificate Data Sheet will be used. The Airport may annually review and update the highest maximum gross landing weight based on any changes to the Characteristics or Planning Manual, or the FAA Type Certificate Data Sheet, as applicable.
j.m. Passenger Carrier
Carrier certificated by the Secretary of the U.S. Department of Transportation under 49 U.S.C. § 41102.
k.n. Ramp
The asphalt ramp space or concrete ramp space, for use in parking, loading and unloading, refueling, minor routine aircraft maintenance and ground transportation to or from the aircraft, subject to the approval of the Director of Aviation (Director).
o. Specialized Aviation Service Operator (SASO)
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Any entity providing at least one, but not more than three of the full services of an FBO, providing only select commercial aeronautical as defined in the Airport’s Minimum Standards. services.
l.p. Terminal
Passenger terminal buildings.
m.q. Terminal Aircraft Apron
Those areas of the Airport that are primarily designated for the parking of passenger aircraft and support vehicles and the loading and unloading of passenger aircraft.
n.r. Transportation Security Administration
The Transportation Security Administration (TSA) is an agency of the U.S.
Department of Homeland SecurityU.S. Department of Homeland Security that has authority over the security of the traveling public in the United States.
SECTION 2. OPERATIONS
A. AIRSIDE OPERATIONS
1. Air Carrier Fees
a. Aircraft Parking Fees
Any Air Carrier parking on the Ramp in an area other than an area designated in a lease or other agreement with the City shall be charged an Aircraft Parking Fee as set forth below:
Aircraft
Wingspan
Daily Rate Partial Day Rates
Under 124 feet $50 – $200 0 – 8 hours = 50% of daily rate 8 – 24 hours = daily rate
Over 124 feet $100 –
$300
0 – 8 hours = 50% of daily rate
8 – 24 hours = daily rate
Under 90 feet $300-
$2,500
Special Event Parking per day (no partial
days)
Over 90 feet $2,500-
$5,500
Special Event Parking per day (no partial
days)
The Director is authorized to increase or decrease the daily rates within the ranges specified above at any time during any Fiscal Year if the Director determines that: (i) such an adjustment in the daily rates will facilitate the optimum use of available aircraft SAW:JAC:DJF
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During special events or periods of unusually high demand (e.g., sporting events, large scale festivals, etc.), the Airport Director, or designee, may designate special event parking areas and assess additional aircraft parking fees. Such fees may be applied in addition to standard rates and charges and shall be based on operational impacts, demand, space constraints, and staffing requirements, as determined by the Airport Director within the prescribed range.
b. Ramp Fees – Cargo Carrier.
Fees for use of the Ramp by Cargo Carriers for aircraft parking, loading and unloading, refueling, minor aircraft maintenance and ground transportation to or from aircraft will be charged as follows:
Ramp Fee $.20 per one thousand pounds (1,000 lbs.) of
certified MGLW
2. General Aviation (GA) Fees
a. GA Landing Fees
(i) All general aviation and aircra ft, as defined by the Airline Operating and Use Agreement, utilizing the Airport’s
runways for landing shall be subject to landing fees, except as expressly exempted herein. Such fees are established to ensure recovery of an equitable portion of the Airport’s airfield operation, maintenance, and capital cost
obligations.
(ii) Aircraft having a Maximu m Gross Landing Weight of 12,500 pounds or more shall pay the current itinerant rate.
The itinerant rate at the time of the adoption of this
resolution is of $5.52 per 1,000 pounds of Maximum Gross Landing Weight The General Aviation Landing Fee shall
be established annually, and shall be the Airport’s Itinerant Landing Fee established in Airports Use and lease
agreements, and shall be assessed on a per-1,000-pound
Maximum Gross Landing Weight (MGLW) basis.
(iii) All such adjustments sha ll be made in accordance with applicable Airport policies and procedures and consistent with federal regulations governing Airport rates and
charges.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. (iv) Landing Fees shall not apply to the following operations:
a) Any aircraft below 12,500 (MGLW).
b) Touch-and-go, stop- and-go, or low-approach
training operations conducted by based flight
schools or aircraft.
c) Emergency or forced landings.
d) Military and government aircraft operating under
mutual aid or official missions.
e) Aircraft specifically exempted by federal grant
assurance obligations or Airport policy
(v) The Airport or an agent designat ed by the Airport Director, shall be responsible for billing and collecting landing fees.
This may include the use of an automated aircraft
operations tracking and invoicing system.
a) Based tenants shall be invoiced monthly.
b) Transient or visiting aircraft shall be billed according to operational records maintained by the Airport or
its selected managing vendor.
c) Invoices shall be due wit hin thirty (30) days of
issuance, unless otherwise specified. Unpaid
balances after the due date may accrue interest or
late charges in accordance with Airport policy.
Persistent nonpayment may result in suspension or
revocation of Airport privileges, denial of facility
access, or other remedies allowed under applicable
agreements, regulations, or ordinances.
d) All billing and collectio n practices shall be conducted in accordance with federal law, applicable grant
assurances, and principles of fairness,
reasonableness, and non-discrimination.
(vi) Rate Adjustments: Any revisions to the fee shall take effect upon 60-days’ notice to affected users.
a.b. GA Tie-Down and Hangar Fees
(i) Monthly Tie-Down and Hangar Rental Fees
The Director shall establish monthly rental fees for tie- down aircraft parking and aircraft hangars, which shall become effective thirty (30) days after posting of such monthly rental fees on the Airport website. Concurrent with the website posting, the Director shall also provide written SAW:JAC:DJF
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The Director shall establish rates with the following
considerations:
a) All fees and charges for hangars, tie-downs,
ramp/apron areas, land, paved, areas, structures
and related services, (“Facilities”), shall be
established to recover reasonable costs of providing
such facilities and to maintain competitive alignment
with comparable airports.
b) The Director may apply adjus tment factors or tiers to reflect availability or seasonal demand and may
revise such fees periodically based on updated
market surveys or utilization data.
c) Rates may be reviewed per iodically to ensure they
remain competitive with Comparable Airports and
consistent with the Airport’s financial objectives,
operational costs, and demand for facilities.
(ii)(iii) Monthly rental fees for tie-down aircraft parking and aircraft hangars will be established by the Director using a
calculation based upon the City’s current rental value
appraisal of the Airport tie-down aircraft parking and
aircraft hangars, the average fees for similar tie-down aircraft parking and aircraft hangars at South County
Airport, Reid Hillview Airport, Palo Alto Airport, San Carlos Airport, Hayward Airport, Oakland Airport, and Livermore Airport (the “Comparison Airports”)Comparable Airports
and the portion of the City’s Noise and Safety Program
costs (see Section 2.A.2.c below) allocable to the tie-down aircraft parking and aircraft hangars. The Director shall establish the monthly rental fees for tie-down aircraft parking and aircraft hangars using a weighted value of
eighty percent (80%) for the City’s current rental value appraisal and twenty percent (20%) for the average fees at the Comparisonable Airports.
c. (ii) GA Tie-Down and Hangar Exchange Fees
(i) Tie-Down and Hangar Exchange Fees
The Director shall establish exchange fees for tie-down aircraft parking and aircraft hangars, which shall become SAW:JAC:DJF
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. effective thirty (30) days after posting of such fees on the Airport website. Concurrent with the website posting, the Director shall also provide written notice of such exchange fees to all then current tie-down and hangar occupants and all adjustments shall be documented and publicly noticed prior to implementation.
a) Hangar Exchange Fee Range will be $90 -
$200.Subject to Directors Approval to update.
b) Tie-Down Exchange Fee Range will be $50 - $150.
Subject to Directors Approval to update
(ii) Basis for Determination of Tie-Down and Hangar
Exchange Fees
All fees and charges for hangars, tie-downs, ramp/apron areas, land, paved, areas, structures and related services, (“Facilities”), shall be established to recover reasonable costs of providing such facilities and to maintain
competitive alignment with comparable airports.
a) Such fees shall consider:
i. The prevailing market rates at comparable
airports described herein.
ii. The level of occupancy or availability of the
relevant facilities.
iii. Reasonable operating and maintenance cost.
b) The Director may apply adjus tment factors or tiers to reflect availability or seasonal demand and may
revise such fees periodically based on updated
market surveys or utilization data.
c) Rates may be reviewed per iodically to ensure they
remain competitive with comparable airports and
consistent with the Airport’s financial objectives,
operational costs, and demand for facilities
(i)(iii) GA Daily Parking Fees
Daily Parking Fees shall be charged for all transient
General AviationA aircraft parked in the common use
aircraft ramp areas in order to ensure best and highest use (as such areas are designated from time to time by the
Director), as set forth below:
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Daily Fees Hourly Rate
$120 - $200 0 – 8 hours = 50% of daily rate
Over 8 hours = daily rate
The Director is authorized to increase or decrease the
Daily Parking Fees within the ranges specified above at any time during any Fiscal Year if the Director determines that: (i) such an adjustment in the Daily Parking Fees will facilitate the optimum use of available aircraft parking spaces at the Airport, or (ii) an adjustment in the Daily Parking Fees is necessary to remain competitive with other comparable airports.
(ii)(iv) Exceptions to General Aviation Aircraft Tie-Down and Hangar Rental and Parking Fees
The aircraft Tie-Down and Hangar rental and parking fees specified above are applicable to GA users and licensees of City-owned and operated GA tie-down and hangar
parking spaces only, and are not applicable to: (a) aircraft parked on land leased to a FBO; (b) Air Carrier, duly
authorized by City to park at designated ramp areas in
commercial operations areas; and (c) aircraft owned and operated by the Federal Government.
(iii)(v) Payment
a) Payment for monthly reserved Tie-Down and
Hangar Rental Fees and Parking Fees is due and
payable on or before the first of each calendar
month. Payment of daily aircraft Parking Fees shall
be made prior to departure of aircraft unless credit
arrangements have been approved by the Director.
The Director is authorized to assess late payment
fees by: (1) charging the Daily Fee as specified
above; (2) charging one percent (1%) per month for
any overdue fees until paid in full; and/or (3)
charging a flat amount of ten dollars ($10.00) as a
late payment fee; whichever method of late payment
fees is readily available for implementation and
billing and provides the highest fee.charge the Daily
Fee as stated in Section b.vi. above.
b) Late Fees:
The Director is authorized to assess late payment
fees by: charging one percent (1%) per month for
any overdue fees until paid in full.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. b)c) Upon issuance of a new or renewed License
for City-owned aircraft parking spaces, the Director
is authorized to collect the first month’s parking fee
in advance, and all such fees shall be due and
payable in advance on a monthly basis. In addition,
the Director is authorized to collect, as a security
deposit, an amount equal to one to four months
parking fees, to be applied to the last month’s
parking fee payment or to any unpaid fees or
charges, including late fees, in the event the License
is terminated or canceled for any reason. The
deposit will be held without interest.
(iv)(vi) Annual Adjustment
a) Prior to the start of each Fiscal Year, the monthly
and daily Tie-Down and Hangar Rental and Parking
Fees shall be recalculated based upon the
percentage increase in the Consumer Price Index
(CPI) for All Urban Consumers, All Items, for the
San Francisco-Oakland-Hayward Metropolitan Area
(1982-84 = 100), published by the Bureau of Labor
Statistics of the U.S. Department of Labor (“CPI”)
over the period described below. The CPI shall be
the one reported in the U.S. Department of Labor’s
most comprehensive official index then in use and
most nearly answering the foregoing description of
the index to be used. If it is calculated from a base
different from the base period (1982-84 = 100) used
above, the base figure shall be converted under a
formula supplied by the Bureau. If the above-
described CPI is no longer published, the Director
shall substitute another index generally recognized
as authoritative.
b) The Base Figure for each annual adjustment shall
be the last CPI published prior to the start of the
then current Fiscal Year. The Index Figure for each
recalculation shall be the last CPI published prior to
the start of the next Fiscal Year.
c) For each Fiscal Year, if the Index Figure has
increased over the Base Figure, the monthly and
daily Tie-Down and Hangar Rental Fees for that
Fiscal Year shall be determined by calculating the
percentage increase of the Index Figure over the
Base Figure. For example, assuming the Base
Figure is 110 and the Index Figure is 121, the
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That percentage shall be applied to the monthly and
daily Tie-Down and Hangar Rental Fees then in
effect to calculate the monthly and daily Tie-Down
and Hangar Rental Fees for the next Fiscal Year. If
the CPI decreases over any period for recalculation,
the monthly and daily Tie-Down and Hangar Rental
Fees shall remain unchanged until the annual
adjustment for which there is an increase in the CPI.
d) The Director shall have the discretion to adjust the monthly and daily Tie-Down and Hangar Rental
Fees using the market value methodology described
in Section 2.A.2.a.(i) above for any year effective
July 1, in the event that the Director determines that
local real estate values are increasing at a greater
rate than the CPI.
e) The Director shall have the discretion to adjust the monthly and daily Tie-Down and Hangar Rental
Fees upon not less than thirty (30) days written
notice to GA tenants at any time by not more than
25 percent, in the event that the Director determines
that the availability of vacant hangars and tie-down
spaces and/or the demand for such hangars and tie-
down spaces warrants an adjustment to the monthly
rental fees.
f) The Director shall file a notice with the City Council of any increase in monthly and daily Tie-Down and
Hangar Rental and Parking Fees no later than
ninety (90) days after the effective date of any such
increase.
(v)(vii) General Aviation Waiting Lists
a) The aAirport will establish two waiting lists, one for Hangars and another for Tie-Downs.
b) A one-time Aadministrative fee of $75 will be
charged in order for an applicant to be added to the
waiting list. The administrative fee will range from
$75-$150, subject to Director’s approval to update.
c) An annual maintenance fee of $50 will be due to the Airport no later than January 1st of each year. The
annual maintenance fee will ensure that applicants
keep their contact information and status updated.
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The annual maintenance fee will range from $50-
150, subject to Director’s approval to update.
b.d. Fueling Fees – General Aviation and Itinerant Aircraft Users (i) Fuel Flowage Fees
a) Any person engaging in the activity of retailing or
sales of aviation fuel petroleum products to owners
or operators of GA aircraft or to itinerant commercial
passenger, cargo charter operators, or any
federally-owned and operated aircraft shall be
required to pay to City, for the privilege of
conducting such fueling activity at the Airport, a fuel flowage fee calculated to equal twenty cents ($0.20)
per gallon of fuel sold.
b) An operator of an aircraft who contracts directly with a fuel wholesaler and has the fuel delivered by an
into-plane agent, shall be required to directly pay the City a fuel flowage fee as specified above, but the
into-plane agent shall not be required to pay the fuel
flowage fee.
The fuel flowage fee shall be paid to City whether or
not the fuel was sold or delivered on a discounted
basis by an into-plane agent or on a contract basis,
or sold or delivered free of charge.
c) Any person who owns or operates a GA aircraft at
the Airport and who is authorized by the Director to
self-fuel such aircraft in accordance with applicable
laws (and without purchase or delivery from a duly-
authorized retailer at the Airport), shall be required
to pay to City, for the privilege of conducting such
fueling activity at the Airport, a self-fueling fee equal to twenty cents ($0.20) per gallon of fuel delivered
into such aircraft.
(ii) Payment and Reports
Any person engaging in fueling activities at the Airport for which a fee is assessed shall be required to submit
monthly activity reports to the Airport regarding such
activity in such form and detail, and at such time or times, as the Director may prescribe. Where applicable, such
reports shall contain, at a minimum, the total amount of gallons purchased at wholesale, date of purchase and the retail price of fuel at time of retail sale or delivery. The SAW:JAC:DJF
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Director is authorized to assess late payment fees by: (a) charging one percent (1%) per month for any overdue fees until paid in full, or (b) charging a flat amount of ten dollars ($10.00) as a late payment fee, whichever method is
readily available for implementation and billing and
provides the highest fee.
c. Noise and Safety Program Fees
(i) Noise and Safety Program
The City has established a Noise and Safety Program for all GA tenants and licensees at the Airport. The costs of this program are to be calculated on a per-aircraft basis. (ii) City-Owned Aircraft Spaces – Recovery of Program Costs The Noise and Safety Program costs allocable to
occupants of City-owned aircraft spaces shall be included in the monthly fees and charges specified under Tie-Down and Hangar Fees above.
B. LANDSIDE OPERATIONS
1. Ground Transportation Definitions
a. Airport Roadways.
Any portion of the roadways at the Airport that isare monitored by the City’s Automated Vehicle Identification (AVI)vehicle trip fee monitoring and collection System.
b. Automated Vehicle Identification (AVI) System
A system for automatic tracking of vehicle movement on the Airport roadways and in or on parking facilities which may include without limitation the placement of a transponder or other device upon a vehicle.
c. Bus and Shuttle Operator
c. Ground Transportation Operators
Any person or entity, including its drivers, employees and representatives, that uses the Airport roadways and infrastructure to transport passengers and passenger baggage for hire, other thanincluding : Limousines, Hotel Motel Courtesy Van Operators, Off-Airport Parking Lot Courtesy Van Operators, Taxicab Operators, Transportation Network CompaniesApp-Based
Operators and off-airport car rental agencies. Bus and Shuttle Operators include, but are not limited to, Ground Transportation Providers exercising privileges granted by the California Public Utilities Commission as a Passenger Stage Corporation or as a SAW:JAC:DJF
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Charter-Party Carrier. Bus and Shuttle Operators do not include vehicles owned or operated by the City of San José, Santa Clara County or any other governmental entity.
d. Clean Fuel Vehicle
Any vehicle rated SULEV (Super Ultra Low Emission Vehicle) by the California Air Resources Board; any hybrid vehicle pre- approved by the Airport between September 23, 2005 and
November 7, 2005; and, any dedicated alternative fuel (non- gasoline, non-diesel) vehicle rated ULEV (Ultra Low Emission Vehicle) - Level II or better, by the California Air Resources Board.
e.d. CommercialCourier Operators
Any person or entity, including its drivers, employees and representatives, that uses the Airport roadways and infrastructure to transport property, baggage, or parcels not for use or consumption on Airport property. Commercial Courier Operators do not include vehicles owned or operated by the City of San José, Santa Clara County or any other governmental entity, or Bus and Shuttle Operators.
f.e. Dwell
Time spent at the Airport waiting for a passenger pick up.
g.f. Gross Revenues (Off-Airport Parking Lot Courtesy Van Operators)
Includes, but is not limited to, all monies or other consideration generated or received by a Parking Lot Courtesy Van Operator (including all Gross Revenues generated or received by such Parking Lot Courtesy Van Operator’s joint venture partner(s), and/or equity partner(s), if any, for the use of the Airport in connection with the conduct of its business, unless specifically excluded below). Such monies or other consideration shall include transactions made at the Airport, or at an off-Airport location if such transactions are made with Airport customers that are either picked-up or dropped-off by a Parking Lot Courtesy Van Operator or its agent at the Airport. Such monies or other consideration are considered Gross Revenues even though payment occurs off-Airport. Gross Revenues shall include all such transactions, whether for cash or for credit, regardless of whether a final collection is made in credit transactions.
Such monies or other consideration specifically shall
include:
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. Fees paid for the use of parki ng spaces for motor vehicles, including but not limited to fees based upon a flat rate, monthly, daily or time charges;
Fees generated from Airport customers that are picked-up and/or dropped-off by a Parking Lot Courtesy Van
Operator or its agent at the Airport;
Fees generated from contracted services with other Airport tenants and users, or other third parties; and,
Other revenues including, but not limited to, washing or cleaning motor vehicles, and valet parking services.
Such monies or other consideration specifically shall not include:
The amount of any federal, state, or local sales tax
separately stated and collected from customers;
The sale of uniforms or clot hing, at the Operator’s cost, when such uniforms or clothing are required to be worn by Operator’s employees; and,
Corporate discounts and rebates so long as such discounts are based on pre-arranged or negotiated corporate
contracts, and the parking contract shows that such a
discount has been applied; and Employee discounts, and
promotional discounts (including frequent flyer programs between Parking Lot Courtesy Van Operator and any
airline operations) where the parking contract shows that such a discount has been applied.
h.g. Ground Transportation Provider
Any person or entity authorized to engage in the business of picking up passengers and passenger baggage to or from the Airport and transporting them by ground transportation.
i.h. Hotel/Motel Courtesy Operators
Any person or entity, including its drivers, employees and representatives, that uses the Airport roadways and infrastructure to transport passengers and passenger baggage between the Airport and any hotel/motel located on or off Airport property, at no charge to the passenger. Hotel/Motel Courtesy Operators do not include vehicles owned or operated by the City of San José, Santa Clara County or any other governmental entity.
j.i. Infrequent Operator
Any Bus and Shuttle Operator, Commercial Courier Operator, Limousine Operator, Hotel/Motel Courtesy Operator, Parking Lot SAW:JAC:DJF
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Courtesy Operator, Taxicab Operator or any other Ground Transportation Provider that makes twenty or fewer Trips in any one-year period. Infrequent Operators do not include vehicles owned or operated by the City of San José, Santa Clara County or any other governmental entity.
k.j. Limousine Operator
Any person or entity, including its drivers, employees and representatives, that uses the Airport roadways and infrastructure to transport passengers and their baggage for hire as a Charter- Party Carrier operating limousine, as defined by Section 5371.4 of the California Public Utilities Code. This category does not include vehicles owned or operated by the City of San José, Santa Clara County or any other governmental entity.
l.k. Minimum Rate of Fare
A minimum fare for Taxicab Trips of three (3) milesone (1) mile or less departing from the Airport. The Minimum Rate of Fare includes the Trip Fee and Waiting Time Rate.
m.l. Motor Vehicle-Based and Mobile Unit Peddlers and Ice Cream Trucks
These terms are defined in Title 6 of the San José Municipal Code in Chapter 6.54, “Peddler Permit Ordinance” and Chapter
6.39, “Ice Cream Trucks Permit”.
n.m. On-Demand Passengers
Passengers who have not pre-arranged ground transportation services prior to being picked up by a Ground Transportation Provider or Bus and Shuttle Operator at the Airport.
o. On-Demand System Dispatch Manager
Any person or entity designated by City as the dispatch manager for the Airport on-demand ground transportation system. p.
n. Off-Airport Rental Car Agency
A person who engages in rental car commercial activity at the airport, without occupying or leasing premises within the airport boundaries, consisting of delivering rental cars to a customer at the airport and/or providing transportation to a customer at the airport for delivery of rental car services at a location outside the airport boundaries.
o. Off-Airport Parking Lot Courtesy Van Operators
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This category does not include vehicles owned or operated by the City of San José, Santa Clara County or any other governmental entity.
p. Special Event
Any public or private event lasting a period of one (1) to fourteen (14) days which is declared to be a Special Event by the Director.
Examples of special events include, but are not limited to, concerts, festivals, community events, sporting or athletic events and conventions.
q. Special Event Operator
Any Bus and Shuttle Operator, Commercial Courier Operator, Limousine Operator, Hotel/Motel Courtesy Operator, Parking Lot Courtesy Operator, Taxicab Operator or any other Ground Transportation Provider that operates only during a Special Event.
Special Event Operators do not include vehicles owned or operated by the City of San José, Santa Clara County or any other governmental entity.
r. Taxicab Operators
Any person or entity, including its drivers, employees and representatives, that uses the Airport roadways and infrastructure to operate vehicles to transport passengers for hire where charges are determined under Title 6 of the San José Municipal Code in Chapter 6.64, “Taxicab and Limousine Service
Regulations” pursuant to a valid ground transportation permit issued by the Director. This category does not include Vehicles owned or operated by the City of San José, Santa Clara County or any other governmental entity.
s. Taxicab Waiting Time
When the taxicab is proceeding at a speed of thirteen (13) miles per hour or less in traffic, or when the taxicab is stopped for a period of time at the request of the passenger.
t. Transportation Network Company (TNC)
As defined under applicable state law, a company or organization operating in California that provides transportation services using an online-enabled platform to connect passengers with contracted drivers using their personal vehicles.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. u. Trip
An entry onto any portion of the Airport Roadways to either pick up and/or drop off a parcel or passenger by a Vehicle operated by a Bus and Shuttle Operator, Commercial Courier Operator, Limousine Operator, Hotel/Motel Courtesy Operator, Parking Lot Courtesy Operator, Taxicab Operator, Transportation Network Company or any other Ground Transportation Provider that currently is subject to a Trip Fee pursuant to Part 7 of Chapter
25.08 of the San José Municipal Code to conduct commercial activities at the Airport.
v. Vehicle
Any automobile, truck, van, bus, limousine, motorcycle, bicycle, and other wheeled conveyances (except aircraft), operated by a Bus and Shuttle Operator, Commercial Courier Operator,
Limousine Operator, Hotel/Motel Courtesy Operator, Parking Lot Courtesy Operator, Taxicab Operator, Transportation Network Company or any other Ground Transportation Provider, whether operated autonomously or by human intervention, in which any person or property can be transported upon land.
2. Permit Fees
a. Ground Transportation Operator Permit Fees
(i) All Ground Transportation Oper ators (other than Infrequent Operators and Special Event Operators)
Permit Application Fee $ 200150 - $450
(one-time, non-refundable)
AVI System Tag Fee $25 .00 - $45 (non-
refundable,
for all new and
replacement tags)
Missed Appointment Fee $50 - $100 per
appointment
Dwell Fees Up to a maximum of
$510 per every half-hour,
to be determined by the
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Director of Aviation as
set forth below
(ii) Trip Fee for Bus and Shuttle Operators, Limousine
Operators, Hotel/Motel Courtesy Van Operators, Taxicab
Operators, Commercial Courier Operators and,
Transportation Network Companies: or any other
commercial ground transportation operator that is
permitted through the Airport
Trip Fee in the range of $14.00 to $1020.00 per Trip, as set by the Director, to be based on vehicle capacity and
industry indicators, including: space capacity for the
conduct of Ground Transportation activities, the quantity of vehicles in the Ground Transportation Program, the volume of Ground Transportation Operators accessing the Airport, and the volume of passengers using the Airport. The Trip Fee for Clean Fuel and ADA Approved vehicles may be
discounted by up to a 25% discount per trip, as approved by the Director, less than the Trip Fee for non-Clean
Fuel/non-ADA Approved vehicles. Once the Trip Fee is
established, the Director of Aviation shall thereafter review the Trip Fee on a biennial basis. Any amendments to the Trip Fee shall be based on the above industry indicators.
The Director may review and amend the Trip Fee on a
more frequent basis so long as the Trip Fee is based on the industry indicators set forth above.
No less than thirty (30) days prior to the effective date of the Trip Fee, the Director shall provide written notice of the Trip Fee to all of the above-listed categories of Ground Transportation Operators holding valid permits.
(iii) On-Demand System Management Fees:
Two fees apply to all operators in the On-Demand System:
The Airport On-Demand Trip Fee in the range of
$04 to $510 per trip, as determined by the Director,
is charged to all operators in the On-Demand
System, which may be collected directly by the
Airport or through the On-Demand Dispatch
Manager for payment to the Airport.
The On-Demand Dispatch Services Manager will
charge an On-Demand Dispatch Manager Fee, as
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to the On-Demand System.
(iv) Infrequent Operators
Trip Fee (includes Application and Administrative Fees) $ 5 t o $ 3050 per TripDay
(v) Off-Airport Parking Lot Courtesy Operators
Trip Fee $ 1.00 - $10.004 - $20
per Trip; orand
Trip Fee (Clean Fuel Vehicle) $1.00 - $10.00 per Trip;
plus
Ten to fifteen percent (10%-15%) of Gross Revenues from Off-Airport Parking Lot Operations per month.
(vi) Special Event Operators
Single Day Fee $5.00 to $50.00 $30-$200
Seven (7) Day Fee $50.00 to $500.00 $200-$800
Special Event Operator fees shall be set by the Director, to be based on industry indicators, including: space capacity for the conduct of Ground Transportation activities, the quantity of vehicles in the Ground Transportation Program, the volume of Ground Transportation Operators accessing the Airport, and the volume of passengers using the
Airport.
b. Dwell Fee Set by Director
The Dwell fee, as indicated above, shall be set by the Director and shall be based on industry indicators, including: space capacity for the conduct of Ground Transportation activities, the quantity of vehicles in the Ground Transportation Program, the volume of Ground Transportation Operators accessing the Airport, and the volume of passengers using the Airport. Once the Dwell fee is established, the Director shall thereafter review the Dwell fee on a biennial basis. Any amendments to the Dwell fee shall be based on the above industry indicators. The Director may review and amend the Dwell fee on a more frequent basis so long as the Dwell fee is based on the industry indicators set forth above.
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No less than thirty (30) days prior to the effective date of the Dwell fees, the Director of Aviation shall provide written notice of the Dwell fees to all Ground Transportation Operators holding valid permits.
c. Rates and Fares for the Operation of Taxicabs at the Airport.
(i) Minimum Rate of Fare
The Minimum Rate of Fare for taxicabs departing from the Airport is Fifteen Dollars -$$15.00) for the first three (3) miles(1) mile or less. The Minimum Rate of Fare includes the Trip Fee and any Waiting Time Rate.
(ii) All other taxicab rates and fares, including Mileage Rates, Waiting Time Rates and any Surcharges are fixed and
determined pursuant to Part 4 of Chapter 6.64 of the San José Municipal Code.
d. Rates and Charges for Off- Airport Rental Car Firms or Application-Based Rental CarVehicle Sharing Firms Coming onto Airport.
(i) Administrative Permit Fee
$200 - $400 monthly
(ii) Gross Revenues Fee
10%-15% of the rental car firm’s Gross Revenue (as
defined below) per month subject to a minimum threshold of $20,000
Gross Revenues (solely for Off-Airport or Application-
Based Rental CarVehicle Sharing Firms purposes) means,
and shall include, but not be limited to, all monies or other consideration generated or received by the operator
(including all gross revenues generated or received by
operator’s sub-tenant(s), joint venture partner(s), and/or equity partner(s), if any) for the conduct of its business, unless specifically excluded below. Such monies or other consideration shall include transactions made at the
Airport, or at an off-Airport location if such transactions are made with Airport customers that are either picked-up or dropped-off by the operator or its agent at the Airport. Such monies or other consideration are considered Gross
Revenues even though payment and/or delivery of the
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include all such transactions, whether for cash or for credit, regardless of whether a final collection is made in credit transactions, and shall also include orders taken by mail, telephone, fax, or other methods of communication,
regardless of whether actual delivery of the motor vehicle or other product or service is made at the Airport.
Gross Revenues shall be determined by the total of
charges on the face of the customer invoice, less any
charges specifically excluded in this definition of Gross Revenues.
Such monies or other consideration specifically shall
include:
a) All charges, including, but not limited to, time
and mileage charges and separately stated fees for
short or long-term rental or leases of vehicles and
other related or incidental services or merchandise,
and any other items or services, made at or from the
Airport, regardless of where the vehicles or services
are delivered to or returned;
b) Fees generated from Airport customers who
are picked-up and/or dropped-off by the operator or
its agent at the Airport;
c) Fees paid for acceptance of personal
accident insurance or coverage, or paid for other
types of insurance or coverage (except collision
damage waiver coverage (CDW) or loss damage
waiver (LDW);
d) All charges attributable to any vehicle
originally rented at the Airport which is exchanged at
any other location;
e) All amounts charged to the customer for
insurance offered by the operator incidental to the
rental of such vehicles, including but not limited to
personal accident insurance;
f) All amounts charged to oper ator’s customers at the commencement or the conclusion of the rental
transaction for the cost of furnishing and/or
replacing fuel provided by the operator;
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other Airport tenants and users, or other third
parties; and
h) Other rental fees including, but not limited to,
rental of infant car seats, or other rentals.
(iii) Such monies or other consideration specifically shall not include:
a) The amount of any federal, state, or local
sales tax separately stated and collected from
customers;
b) Fees paid for acceptance of CDW coverage
or LDW only (or such other type of coverage by
which fees are intended to provide coverage
protection only for damage to rental vehicles);
c) The sale of uniforms or clothing, at the
operator’s cost, when such uniforms or clothing are
required to be worn by the operator’s employees;
d) The resale of petroleum products, including
fuel and oil, provided that such resale fees are
stated as a part of the operator’s standard
Agreement with its customer;
e) Corporate discounts and rebates, so long as
such discounts are based on pre-arranged or
negotiated corporate contracts, and the car rental
contract on its face shows that such a discount has
been applied;
f) Employee discounts, and promotional
discounts (including frequent flyer programs
between the operator and any airline operations)
where the car rental contract shows that such a
discount has been applied;
g) Any amounts received as insurance proceeds
or otherwise for damage to vehicles or other
property of the operator, or for loss, conversion or
abandonment of such vehicles;
h) All non-revenue rentals to employees of the
operator;
i) Revenue from the wholesale transfer of
salvage vehicles; and
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. j) Revenues derived from the sale of used,
fleet, motor vehicles.
(ivii) The rate for off-Airport rent al car operations with passenger pick-ups and drop-offs at the Airport shall be established by the Director and shall be ten to fifteen percent (10%- 15%) of the off-Airport operator’s Gross Revenues.
(v) A minimum threshold of $20,000 is established whereby an off-Airport rental car operator will not pay a percentage fee for monthly Gross Revenues which fall below $20,000.
e. Motor Vehicle-based and Mobi le Unit Peddlers and Ice Cream Trucks Permit Fee
The monthly permit fee for the Motor Vehicle-based and Mobile Unit Peddlers and Ice Cream Trucks at the Norman Y. Mineta San José International Airport is established as follows, as set by the Director:
Airport Motor Vehicle-based and Mobile Unit
Peddlers and Ice Cream Trucks Permit Fee
$300-$500 per month
C. AIRPORT PARKING
1. Definitions
a. HourlyPublic Parking
Airport parking facilities generally located closestavailable to the public on Airport terminals, which may be designated by the Director from time to time with terms such as “Hourly” or “Short Term”.”property.
b. Daily Parking
Airport parking facilities generally located further from the Airport terminals than Hourly Parking but closer to the Airport terminals than Economy Parking, which may be designated by the Director from time to time with terms such as “Daily,” “Intermediate” or “Mid-Term”.
c. Economy Parking
Airport parking facilities generally located further from the Airport terminals than both Hourly Parking and Daily Parking, which may SAW:JAC:DJF
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db. Employee Parking
Airport parking facilities that are designated by the Director from time to time either for use by the City for employee parking purposes or for parking by employees of Airport tenants, contractors, permittees or licensees.
ec. Temporary Non-Public Parking
Airport parking facilities that are designated by the Director from time to time to be made available to Airport tenants, contractors, permittees or licensees to support their commercial operations.
2. Airport Parking Rates.
a. Public Parking
For Public Parking, as designated by Director, the rate charged for each vehicle parking space shall be:
Subject to the following adjustments: (a) a maximum charge of $0.00 to $96150.00 for parking for a period not exceeding 24 consecutive hours, as such maximum charge may be established from time to time by the Director in accordance with the provisions of Section (m), and (b) a charge of $0 to an amount not exceeding $310.00 for parking for each fifteen, twenty or thirty minute period, or any portion thereof, as such charge may be established from time to time by the Director in accordance with the provisions of Section (q).
Except as otherwise provided in Section (m), additional time parked in excess of any consecutive 24-hour period shall be charged for by applying the same rates and charges to all time parked after the respective 24-hour period.
No charges will be applied if exit is within a period of time as established from time to time by the Director ranging from zero to sixty minutes.three hours.
b. Employee Parking
In the portion of the Airport Parking Facilities designated by the Director for use by employees of Airport tenants, contractors, permittees, or licensees, the following rates, fees and charges shall apply:
Initial distribution of card/permit $10 .00 - $50.00 - $100 (nonrefundable)
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Failure to return card/permit $25 .00 - $75.00 - $150
(nonrefundable)
Monthly Employee Parking Usage Charge
All Employee Parking Facilities $10 .00 - $150.00 - $200 (per vehicle)
c. Temporary Non-Public Parking
For Temporary Non-Public Parking, the rate charged for parking shall be a maximum daily charge of $2.00 to $20.0050 for each vehicle parked for all or any portion of any 24-hour period; as such charge may be established by the Director from time to time.
d. Oversized Vehicle
Any oversized vehicle occupying more than one space in the various parking facilities will be assessed a fee equivalent to the number of spaces occupied by that vehicle.
e. Urgency Economy Rate. Procedures
The Director is hereby authorized to approve the use of Hourlyhe lowest available Public Parking and Daily Parkingposted rate for Economy Parking parking patrons on an urgency basis when Economy lots the lowest-priced lot(s) is/are filled to capacity, and to charge Economy Parking ratesthe lowest available posted rate in connection with such use. The Director shall approve such use through issuance of a parking ticket and shall take adequate steps to insure appropriate use of such tickets.procedures.
f. Lost Ticket.
If the time of entry to the parking facility cannot be ascertained by reason solely of the patron’s loss of or inability to produce a parking ticket to determine when parking commenced, the parking charge shall be computed by multiplying the applicable maximum rate times the number of days the vehicle license number or other vehicle identification number has been recorded as being within the parking facility. If the vehicle license number or other vehicle identification number has not been recorded, and the length of stay cannot otherwise be confirmed through customer airline ticketing or documentation, the maximum per-day rate charge shall be the maximum 24-hour rate for the facility in which the vehicle was parked.
g. Suspension of Charges.
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Airport Parking Facilities without charge if any or all of the following conditions apply:
(i) The Director or the Direc tor’s designated representative determines that the normal waiting time under acceptable levels of service has been exceeded.
(ii) The Director or the Direc tor’s designated representative determines that Airport traffic congestion will be relieved by the diversion of traffic to any of the parking lots; any vehicle which is diverted to any such parking lot may be permitted to exit without charge for the first twenty minutes of
parking.
(ii)(iii) The Director or the Director’s designated representative determines and substantiates that a hardship involving an Airport patron’s person or damage to property while on the Airport has occurred, or emergency circumstances exist. h. Adjustment of Charges.
Notwithstanding the foregoing provisions, the Director or the Director’s designated representative may evaluate the
circumstances surrounding a dispute over the calculation of a parking charge and adjust such fee if he or she believes that the circumstances warrant the adjustment.
i. Fee Adjustment.
The Director may grant authorization to authorize the parking contractor for processingto process parking fee adjustments of $3.00 or less without the prior approval of Director,, provided that the adjusted fee is no less than 60% of the posted parking rate only if the parking contractor determines that the normal waiting time under acceptable levels of service has been exceeded. The parking contractor must submit documentation in form and substance satisfactory to Director, within the time period determined by Director, substantiating each authorized
adjustment. Prior to implementing any fee adjustment pursuant to this Section, the parking contractor must obtain the Director’s approval of a procedure to be followed for each adjustment, which must include adequate security precautions.
j. Computation of Parking Time
The Director may authorize a designated period ranging from 0 to 30 minutes from any Airport Parking Facility which shall not be included in the computation of parking time for the purposes of fixing the fees, rates and charges under this Resolution to accommodate customer delays in exiting the specific parking facility due to traffic congestion, equipment malfunction, or other operational issues as approved by Director...
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k. Validation of Parking Tickets Pursuant to Validation Agreement
(i) Validated Parking Tickets.
Parking tickets issued for the Hourly, Daily or Economy Parkingpublic parking may be validated as provided in this Section (o). A validated parking ticket shall entitle the holder to the amount of time validated without charge, and the rates, charges and fees stated in subsections (a), (b), and (c), shall apply to parking for any time exceeding the amount of time validated.
(ii) Validation Agreement.
The Director may permit any of the City’s tenants,
licensees, concessionaires or permittees at the Airport to validate parking tickets issued to the patrons of such
tenants, licensees, concessionaires or permittees at their premises at the Airport for use of parking spaces in the Airport Parking Facilities. Permission may be granted
pursuant to a written validation agreement substantially in the same form as Exhibit A, attached hereto and entered into between the Director or the Director’s designated
representative, on behalf of the City, and such tenant, licensee, concessionaire, or permittee. The Validation
Agreement shall be approved as to form by the City
Attorney and filed with the City Clerk.
(iii) Obligation of Validator.
Any tenant, licensee, concessionaire or permittee who has entered into a Validation Agreement with the City shall be referred to as a “validator.” A validator is permitted to issue a ticket validation for a specific period of time as set forth in the form of Validation Agreement in Exhibit A, which period of time shall not exceed twenty-four (24) hours. A parking ticket may be validated only once. The maximum amount
of time for which a parking ticket may be validated shall be twenty-four (24) hours. Unless exempted by City, a
validator shall be required to pay the City for each
validated ticket and the amount of payment shall be as
stated in the validation agreement. Validators shall validate parking tickets only for their customers at their place of business at the Airport.
l. Validation of Parking Tickets by the Director of Aviation.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. (i) Upon request of any person designated in this Section (p), the Director or his or her designated representative is authorized to validate a ticket issued to such person for parking in the Airport Parking Facilities at the Airport, provided that such validation is subject to and in
accordance with San José Municipal Code Section
25.16.050 and if any or all of the following conditions apply:
a) If the Director or t he Director’s designated
representative determines that the normal waiting
time under acceptable levels of service has been
exceeded.
b) If the Director or t he Director’s designated
representative determines that Airport traffic
congestion will be relieved by the diversion of traffic to any of the parking lots; any vehicle which is
diverted to any such parking lot may be permitted to
exit without charge for the first twenty minutes of
parking.
(c) If the Director or t he Director’s designated
representative determines and substantiates that a
hardship involving an Airport patron’s person or
damage to property while on the Airport has
occurred, or emergency circumstances exist.
(ii) The Director or the Direc tor’s designated representative shall, whenever validation is otherwise provided for in this Section:
a) Validate each parking ticket which is issued for
parking in any Airport Parking Facility at the Airport. b) Validate each parking ticket only once, and each
validation shall be for a time no longer than is
reasonably necessary to allow a designated person
to be in attendance at the meetings or projects
described in San José Municipal Code Section
25.16.050.
(iii) A parking ticket which is validated by the Director or the Director’s designated representative shall entitle the ticket holder to park without charge for the time for which the Director or the Director’s designated representative has validated such ticket.
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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. m. Adjustment of Drive-up Parking Rates and Computation of Parking Time by Director
The Director is authorized to increase or decrease the parking fees, rates and charges from time to time in accordance with the amounts specified in this Resolution if the Director determines that such an adjustment in the parking fees, rates and charges will facilitate the optimum use of spaces in the Airport Parking Facilities in a cost and revenue efficient manner considering both volume of traffic and convenience to the general public. The Director shall only increase or decrease the parking fees, rates and charges upon providing reasonable notice to the public by posting of appropriate signs at the entrance to the various public lots, or by notifying tenants and employees for employee lots. n. Decreases – Airport Parking Facilities.
In increasing or decreasing the maximum daily rates for the Airport Parking Facilities pursuant to this Resolution, the Director may authorize the collection of parking charges for vehicles which entered the Airport Parking Facilities prior to the effective date of this Resolution, but exit after the effective date of this Resolution, at the lower maximum daily rate.
o. Parking Programs.
The Director may establish a parking program or programs available to the public, whereby the customer may prepay for parking services for a specified period of time, obtain guaranteed parking, is provided additional services or discounts related to loyalty or repeat parking facility uses or similar parking programs to assist in parking facility use. The Director may establish parking rates based on the type of program established and based on the projected occupancy of the Airport parking facilities, the passenger demand, and to maintain or improve overall parking revenues, that would allow a maximum discount of up to seventy percent (70%) of the prevailing daily parking rate for the facility.
The Director shall provide notice of the Program(s) and applicable rate in conformance with Section m above.
p. Parking Promotions.
The Director is authorized to establish promotional parking programs that would allow a maximum discount of up to seventy percent (70%) of the revenue that would have been generated from the posted rate structure. These programs shall occur in accordance with Section m of this Resolution and only if the Director determines that such programs will enhance customer service, increase revenue generation, and/or support air service.
These promotions may be based on coupon, advertised
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q. Valet Parking.
The Director is authorized to approve valet parking rates up to double the posted Hourly ratedaily self-park rates. This rate may be structured upon full analysis of the expenses, revenues and potential activity of the proposed service, as determined by the Director.
r. Reserved Parking.
The Director is authorized to approve reserved parking rates up to seventy percent (70%) above the posted rates. This rate may be structured upon full analysis of the expenses, revenues and potential activity of the proposed service, as determined by the Director.
s. Customer Service.
The Director is authorized to increase or decrease the amount of time not included in the computation of parking time as set forth in Section 2 of this Resolution. This adjustment shall occur only if the Director determines that such adjustment will facilitate customer service and is necessary or prudent to enable the Airport to maintain its competitiveness with other Bay Area Airports.
The Director or his or her designated representative is also authorized to issue reduced parking rate vouchers of up to seventy percent (70%) off of the posted Hourly, Daily or Economy parking rate to customers who have filed written complaints of poor customer service for use on a qualifying future visit, and whose complaint, upon investigation by Director or his or her designee, is determined to be valid at the sole discretion of the Director or his or her designee.
t. Electric Vehicle ( EV) Charging Stations
The rates charged for use of an electric vehicle charger shall be between $0 and $5100 per use, plus up to the current charge for electricity per kWh. The Director shall consider the following factors in setting the rates: the Airport’s cost in providing, operating and maintaining the EV charging units, the number of users and the level of use, and the rates charged by other municipalities, airports and third -party operators of EV charging stations.
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D. BADGING FEES
1. Fees
The fees, rates and charges for the issuance of Airport badges and processing fingerprints are established as follows:
All of the above-listed fees are non-refundable, except the fee for a Lost or Stolen Badge may be waived if the Airport badge is returned within thirty (30) days of the date it is reported lost or stolen. CityGovernment employees shall be subject to all fees for lost, stolen or replacement items only., unless otherwise mutually agreed to. Tenants, permittees, vendors, and contractors may not charge replacement cost fees or penalties back to the City under any circumstances.
2. Adjustment of Badge and Fingerprint Fees by Director The Director is hereby authorized to increase or decrease the Badge and Fingerprint Fees from time to time within the ranges specified above if the Director determines that such an adjustment in the Badge and Fingerprint Fees will move closer to achieving cost recovery for the Airport Badging Office or shall encourage additional tenant responsibility of access media which is critical for compliance with TSA requirements.
SECTION 3. ASSET MANAGEMENT
A. AIRPORT LAND AND STRUCTURES
Fingerprint Fees $ 060.00 to $100.00
Missed Badging Appointment Fee $25.00 to $50.00
Missed Appointment – Testing Fee $050.00 to $50100.00
Badge Issuance (New and
Renewal)
$050.00 to $75.00
Badge AccessoriesSterile Area
Pass
$0.00 to $50100.00
Replacement Badge $ 2550.00 to $100.00
Ramp Validation Stickers $ 05.00 to $15.00
Fee for Lost or Stolen Badge Fee $150.00 to $500.00
Lost or Stolen Cyberkey $250.00 to $350.00
Lost or Stolen Cybercore/lock $250.00 to $350.00
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1. Definitions.
a. High Load Bearing Pavement
That portion of the Terminal Aircraft Apron or ramp which is paved with reinforced concrete and made available for the parking of aircraft, vehicles, or ground support equipment.
b. Low Load Bearing Pavement
Those portions of improved land on the Airport which are paved with asphalt and are permitted to be used in support of business operations other than operations which are conducted on the Airport Terminal Aircraft Apron or ramp or at the municipal off- street parking areas of the Airport.
c. Passenger Carrier
Any Air Carrier, including, but not limited to, charter operations and air taxi flight operators, which is engaged principally in the conduct of passenger air carrier operations on a regularly- scheduled or itinerant basis to and from the Airport.
dc. Structure
Any building or structure on the Airport which is owned by the City of San José, except hangar and tie-down facilities (for which fees and charges are established pursuant to Section 2.A.2.a. of this resolution) and except passenger air carrier facilities. e.d. Unimproved Land
Any vacant, unimproved and unpaved real property on the Airport.
2. Fees
a. Fees and Charges Formula for Unimproved Land
(i) The Annual Rental Fee for the use of unimproved land by any person will be the last and highest rate.
(ii) Prior to the start of each Fiscal Year, the Annual Rental Fee shall be recalculated based upon the percentage
increase in the Consumer Price Index (CPI) for All Urban Consumers, All Items, for the San Francisco-Oakland-
Hayward Metropolitan Area (1982-84 = 100), published by the Bureau of Labor Statistics of the U.S. Department of Labor (“CPI”) over the period described below. The CPI
shall be the one reported in the U.S. Department of Labor’s most comprehensive official index then in use and most
nearly answering the foregoing description of the index to be used. If it is calculated from a base different from the SAW:JAC:DJF
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If the above-described CPI is no longer published, the
Director shall substitute another index generally recognized as authoritative.
(iii) The Base Figure for each reca lculation shall be the latest CPI published prior to the start of the then current Fiscal Year. For example, the Base Figure for the recalculation for Fiscal Year 2007-20082025-2026 shall be the CPI
published for April 20026 (the latest CPI published prior to July 1, 20026).
(iv) The Index Figure for each reca lculation shall be the latest CPI published prior to the start of the next Fiscal Year. For example, the Index Figure for the recalculation for Fiscal Year 2007-20082025-2026 shall be the CPI published for
April 200726 (the latest CPI published prior to July 1, 200726).
(v) For each Fiscal Year, if the Index Figure has increased over the Base Figure, the Annual Rental Fee for
unimproved land payable for that Fiscal Year shall be
determined by calculating the percentage increase of the Index Figure over the Base Figure. For example,
assuming the Base Figure is 110 and the Index Figure is 121, the percentage to be applied is 121/110 = 1.10 =
110%. That percentage shall be applied to the Annual
Rental Fee then in effect to calculate the Annual Rental Fee for the next Fiscal Year.
(vi) If the CPI decreases over an y period for recalculation, the Annual Rental Fee for unimproved land shall remain
unchanged until the next period for recalculation in which there is an increase in the CPI.
(vii) If local real estate market conditions indicate that land values are increasing at a greater rate than the CPI, the Director is authorized to cause a reappraisal of the value of unimproved land at the Airport by a qualified appraiser.
The new Annual Rental Fee for use of unimproved land at the Airport effective as of the start of the next Fiscal Year shall be ten percent (10%) of the appraised value of
unimproved land at the Airport. Subject to the Director’s authority to cause a reappraisal of the value of unimproved land at the Airport for the subsequent Fiscal Year,
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Fee shall be made pursuant to the CPI recalculation
procedure described above.
(viii) The Director shall file notic e of the revised Annual Rental Fee for unimproved land with the first quarterly report of each succeeding Fiscal Year pursuant to San José
Municipal Code § 25.08.030.
b. Fees and Charges Formula for Pavement
(i) The Annual Rental Fee for the use of high load bearing pavement by any person will be the last and highest rate. (ii) The Annual Rental Fee fo r the use of low load bearing pavement by any person will be the last and highest rate. (iii) Prior to the start of eac h subsequent Fiscal Year, the Annual Rental Fee shall be recalculated based upon the
percentage increase in the CPI using the methodology as described in Section 2.a. above.
(iv) The Director shall file notic e of the revised Annual Rental Fee for unimproved land with the first quarterly report of each succeeding Fiscal Year pursuant to San José
Municipal Code §25.08.030.
c. Fees and Charges Formula for Structures
(i) The fees and charges for us e of any structure shall be determined by the latest appraisal of the structure together with the land (if applicable). The appraisal shall establish the Fair Market Value of the structure or portion thereof on a per square foot per year basis. A Rate of Return of Ten Percent (10%) shall be applied to the Fair Market Value to arrive at the Fair Market Value Fee, as follows:
Per Square Foot
Fair Market Value
X 10% Rate of
Return
= Annual Fair Market
Value Fee
(ii) The Annual Fair Market Fee may be adjusted each Fiscal Year in accordance with either the Consumer Price Index for a relevant Metropolitan Area, or a reappraisal of the structure. The Director shall have the authority to
determine, in each lease, permit or license issued for use of a structure, whether the fee therefore should be revised in accordance with the CPI or a reappraisal.
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(iii) The amounts of Fair Market Value Fees for any structure shall be filed in the quarterly reports filed by the Director pursuant to San José Municipal Code §25.08.030.
d. Federal Inspection Service Facility Use Fee.
(i) General.
Any Passenger Carrier providing international carriage of persons at the Airport and which uses the Federal
Inspection Service (FIS) Facility on the Airport for the conduct of its operations, shall be required to pay the fees specified in this Resolution, in addition to any other fees, charges, or rentals required in this Resolution or under any operating agreements, leases, licenses or permits.
(ii) FIS Facility Fee.
A Federal Inspection Service Facility Fee (FIS Fee) shall be charged to each Passenger Carrier using the FIS
Facility. The fee shall be assessed on a per passenger basis and shall be established by the Director at a fee ranging from $1 to $20. When establishing the rates, the Director will consider two factors:
a) Market rates at competing airports
b) Estimated actual cost per passenger using the FIS
Facility
The Director is authorized to adjust the FIS Fee at any time during any Fiscal Year upon notice and consultation with the airlines, as necessary to cover the costs to operate and maintain the FIS Facility.
e. Use of Land Displacing Public Parking
(i) General.
The following fees and charges are established for the use of any land at the Airport which results in the displacement of paid parking within those areas designated by Council Resolution as municipal off-street parking facilities at the Airport.
(ii) Fee Formula for Displaced Parking Areas.
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The fees and charges for any use of a paid parking area which displaces paid public parking shall be determined according to the following formula:
a) The total net revenues fr om the prior Fiscal Year for the applicable parking area shall be divided by the
total number of parking stalls in the area (Daily or
Hourly Lot) to arrive at a dollar amount for the
Annual Parking Stall Value in the appropriate Daily
or Hourly Lot, as follows:
Total Net Revenues Annual Parking
Total of Parking Stalls = Stall Value ($)
in Applicable Lot (Daily/Hourly Lot)
b) A Rate of Return of ten percent (10%) shall be
added to the Annual Parking Stall Value for
administration and profit.
c) Fees and charges for the use of Airport property
which displaces paid public parking shall be equal to
the Annual Parking Stall Value (plus 10%) multiplied
by the number of stalls displaced, to arrive at a total dollar amount for the area to be leased, licensed, or
permitted pursuant to the Municipal Code. This total
dollar amount may then be divided by the total
number of square feet to be utilized by the tenant,
licensee, or permittee to arrive at the per square foot value for the particular agreement.
(iii) Until recalculated in accor dance with Section 3.A.2.e.(iv) below, the Annual Parking Stall Value is Six Thousand
Nine Hundred SeventyThirty Five Dollars ($6706,935.00)
per stall (Daily Lot) and TwoEleven Thousand NineThree
Hundred ThirtyFifteen Dollars ($2,93011,315.00) per stall (Hourly Lot).
(iv) The Director shall, within th irty (30) days of the close of each Fiscal Year, recalculate the Parking Stall Fee and shall file notice of the revised Fee with the first quarterly report of each succeeding Fiscal Year, in accordance with Municipal Code § 25.08.030.
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f. Non-Airline Terminal Space.
(i) Effective each July 1, the annual rental rate for non-airline tenant use of terminal space will be set using the Airline- Airport Lease and Operating Agreement.
(ii) The Director shall have the discretion to include an Airport return on investment of up to 25% on the above computed cost for rental of non-airline terminal space. This return on investment will be determined during the annual
development of rental rates for airline tenants and will facilitate the optimum use of the terminal space in a cost and revenue efficient manner. The determination of the
return on investment will consider and maximize the
highest and best use of limited Airport property.
(iii) The Director shall have t he discretion to set the annual rental rate for non-airline tenants at up to a 75% discount off of the Group A, Group B, or Group C space rates, as established in Section 9.03.2 of the Airline-Airport Lease and Operating Agreement, if at any time during any Fiscal Year the Director determines that: (i) such an adjustment in the daily rates will facilitate the lease of available space at the Airport; or (ii) an adjustment in the daily rates is necessary to remain competitive with other comparable
airports.
B. AERONAUTICAL ACTIVITY SUPPORT SERVICES
The following fees and charges are established for the aeronautical activity support services described below and conducted at the Airport pursuant to permits, licenses or leases issued by the Director pursuant to the Municipal Code provisions specified.
1. Air Carrier Fueling
(S.J.M.C. § 25.08.350)
For the provision of fueling services to all Air Carriers, a fee, as established by the Director, of:
Air Carrier Fueling
$400-$600/month
2. Ground Handling Services/Support Services – Air Carrier or General Aviation
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For performance of one or more ground handling/support services to Air Carriers or to General Aviation operators at the Airport, including but not limited to interior or exterior washing/cleaning, aircraft tow-in and push- back, baggage and cargo handling, passenger courtesy services (including but not limited to wheelchair service, “Skycap” services, etc.) aircraft engine oil servicing, contracted or on-call aircraft maintenance, security related services, holdroom/gate area(s) and/or operational area(s) custodial services, aircraft water and lavatory servicing, aircraft electrical and air power boost servicing, ground support equipment repair, maintenance, and washing/cleaning, and any other commercial operating services, the following fee, as established by the Director, shall apply:
Ground Handling Services/Support
– Air Transportation
Companies/General Aviation
$200-$400/month AND 10%-15% of
monthly gross revenues
The Ground Handling Services/Support – Air Carriers/General Aviation Fee is calculated on Gross Revenues exclusive of monthly permit fees paid to the Airport.
3. Administrative Fueling Permit Fees (Air Carrier, FBO, Corporate and Other)
For the processing of any type of fueling permits, an administrative fee for each issuance and for each renewal of the permit shall be charged in addition to the fueling fees authorized in subdivision 2.C.6 above, the following administrative fee, as established by the Director, shall be charged:
Fueling Permit Fees $ 200-$400-$600 per issuance or
renewal
C. AIRPORT TECHNOLOGY SERVICES
The Director shall be authorized to determine cost recovery fees for providing Airport Technology Services. The Director shall have the discretion to include an Airport return on investment of up to 25% on the computed cost for these services. This return on investment will be determined during the annual development of rental rates for airline tenants and will facilitate the optimum use of services and infrastructure. The determination of the return on investment will consider and maximize the highest and best use of Airport technology.
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SECTION 4. MISCELLANEOUS FEES
A. ACCOUNTING FEES
1. Security Deposits
The Director is authorized to provide, in permits, licenses, and leases, for permittees, licensees, and tenants to establish a reasonable security deposit with the City to be held without the accrual of interest. No such security deposit shall be less than an amount equal to fees and charges for at least two months of each such agreement.
2. Delinquent Report Fee
For those permits, licenses, or
leases in which the permittee,
licensee, or tenant is required to
submit monthly, or other required
reports, the following delinquent
report fee is hereby established for
each calendar day that such report
is not timely received by City. The
Director is hereby authorized to
assess and collect said fee.
$25-$50100 per calendar day after
due date
3. Late Payment Fee
For any fee or charge that is not timely received by City and which is required to be paid pursuant to the provisions of a permit, license, or lease, the Director is authorized to assess and collect an amount up to three percent (3%) per month of the amount that is late, calculated from the date that payment is deemed to be delinquent until the date payment is received by City.
Late Payment Fee 1%-3% per month of delinquent
amount
4. Agreement Transfer Fee
Any request by a tenant for approval of a sublease, assignment, mortgage, pledge or other encumbrance to any third party shall be subject to a $1,000.00-$2,500 administrative fee for costs incurred by such request.
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B. COST RECOVERY FEES
1. From time to time, the Airport incurs staff time, equipment or materials costs for property damage or for services as requested by Airport tenants or other Airport users. The Director is authorized to charge actual costs incurred plus an administrative fee equal to ten to fifteentwenty percent (10%-20%) of the costs of any such repairs or services.
2. Film Location Fee $250-$500 per hour with a two-hour minimum, and
Cost Recovery Staff Fee $70 - $105 per hour (based on
actualActual staff costs) for processing
the request, plus a ten to twenty percent
(10%-20%) administrative fee.
3. Conference Room Usage $75 per hour with a two-hour minimum, and
Cost Recovery Staff Fee $40 - $100 per hour (based on
actualActual staff costs) for support
services (i.e. set-up/ tear-down, custodial
services, IT support), plus a ten to
fifteentwenty percent (10%-20%)
administrative fee.
C. GROUND VEHICLE FUEL
1. The City, the owner and operator of the Airport, has determined that it will authorize the purchase of unleaded, diesel and propane fuel (“Fuel”) and the resale of Fuel to Airport ground support vehicles. City has constructed a facility at the Airport to be utilized for the storage and dispensing of Fuel to desired Airport users through the use of a self- service monitoring and dispensing system at the facility.
2. Any person, firm or organization pur chasing Fuel from City at the Airport shall be required to pay to City a price per gallon which shall be established from time to time by the Director in accordance with the following formula:
a. City’s average cost per gallon for Fuel purchased by City for the time period covered by the invoice; plus
b. a facility replacement cost equal to Fifteen to Twenty Cents ($0.15-$0.20) per gallon; plus
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d. all taxes, charges and assessments relating to Fuel covered by the invoice (including, without limitation, penalties and interest) for the delivery, storage, sale, use, dispensing, handling and transportation of Fuel that City may be required to or does pay or collect under federal, state, county or municipal law.
3. The Director is authorized to provi de in the agreement for the purchase of Fuel that the purchasers pay to City a reasonable security deposit to be held by City without the payment or accrual of interest. No such security deposit shall be less than an amount equal to the average amount which purchaser is invoiced by City for any two consecutive month periods.
4. Fuel Card Key: The fees, rates and charges for the issuance of Fuel Card Keys are established as follows:
D. COMPRESSED NATURAL GAS FUEL
1. Definitions.
a. CNG – Compressed Natural Gas.
b. GGE – Gasoline Gallon Equivalent.
c. POVs – Privately Owned Vehicles.
2. The Director shall set a price per GGE for the sale of CNG Fuel at the City owned CNG fueling facility at the Airport (Airport’s CNG fueling station), taking into account the following factors:
a. All costs (including applicable taxes) incurred by the City to provide CNG fuel at the Airport’s CNG fueling station, including but not limited to the City’s amortized costs to design and build the Airport’s CNG fueling station, any fees payable by the City to operate and maintain the Airport’s CNG fueling station, and the City’s costs for natural gas and electricity to the Airport’s CNG fueling station.
b. The local CNG Fuel price per GGE charged to POVs that are operated on CNG, as determined by a monthly survey of any three (3) CNG fueling stations located in Santa Clara, San Mateo, San Francisco or Alameda Counties.
Initial Card Issuance $10.00 to $ 2040.00
Fee for Lost Card $50.00 to $100.00
Replacement Card $10.00 to $ 2040.00
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3. The Director shall have the discretion to set the price per GGE, expressed as $/GGE, for the sale of CNG Fuel at Airport’s CNG fueling station at a level that best serves the interests of the Airport and the community. The Director is authorized to increase or decrease fueling rates to facilitate the optimum use of the Airport’s CNG fueling station in a cost and revenue efficient manner, considering both volume demand and benefits to the City, Airport and the general public.
SECTION 5. EFFECTIVE DATE.
This Resolution shall become effective upon approval by the City Council ____________, 201926, and Resolution 792697561 is hereby repealed.
ADOPTED this ______ day of ________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Ma
yor
ATTEST:
TONI J. TABER, CMC
Cit
y Clerk
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EXHIBIT A
AGREEMENT AUTHORIZING VALIDATION OF
PARKING TICKETS BY
____________________________
AT THE SAN JOSE MINETA INTERNATIONAL
AIRPORT PARKING FACILITIES
This Validation Agreement, dated for conveni ence, ___________, 20__, is entered into by and between City of San José, a municipal corporation of the St ate of California (“City”), and _______________, a corporation duly organized and existing under the laws of the State of ________________ (“Validator”).
For and in consideration of their mutual promises and subject to the following terms, provisions and conditions, City and Validator agree:
1. Validator shall validate parking tickets issued by City to airport patrons of Validator for the use of City’s municipal off-street parking facilities (“Airport Parking Facilities”) at the San José Mineta International Airport (“Airport”). The forms of validation may include, without limitation, validation stamps, validations by machine imprint or perforation, validation vouchers or tickets, or other forms as approved by the Director of Aviation.
2. Pursuant to this Validation Agreement, Validator may validate parking tickets for use of Airport Parking Facilities for periods not exceeding _____________ [Specify hours, not to exceed twenty-four (24)]. Validator shall be required to pay City for the amount of any validated ticket approved by Validator which exceeds the specified number of hours allowed in this Validation Agreement.
3. Validator shall validate parking tickets only for patrons of the ___________[specify Lot(s)] occupied by Validator at the Airport, and Validator shall not accept, charge, or receive any money, thing of value, or other consideration for any parking ticket validation. Validator shall pay to City an amount of money equal to the Parking Lot rate which City would otherwise have been entitled to charge and receive for the validated time of parking under such parking ticket.
4. This Validation Agreement shall have a term commencing _______________[Date] and ending ___________[Date]. [The term must be limited to three years or less.] This Agreement shall terminate upon the expiration or termination of the Agreement as referenced herein, whichever is earlier, or by City with or without cause, at any time, and without any advance notice; provided, however, that after such termination, Validator shall return promptly to City any stamps, vouchers, tickets or other excess validation supplies furnished by the City.
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5. Any and all communications, including written notices of all types, may be delivered to the addresses indicated below or to any other address as may be noticed by a party:
City of San José: Director of Aviation
San José Mineta International Airport
1701 Airport Blvd., Suite B-1130
San José, CA 95110-1206
Validator: ___________________
___________________
___________________
WITNESS THE EXECUTION of this Agreement by the parties on the date first written above.
APPROVED AS TO FORM:
______________________________
Sr. Deputy City Attorney
“CITY”
CITY OF SAN JOSE, a municipal
corporation
By_______________________________
Name: ___________________________
Title: Director of Aviation
“VALIDATOR”
a corporation
By_______________________________
Name: ___________________________
Title:_____________________________