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Supervisors continue proposed Clear Channel airport advertising lease after industry protest and analyst critique

San Francisco Board of Supervisors Budget and Finance Subcommittee · March 6, 2013
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Summary

Facing an industry protest from JCDecaux and a Budget & Legislative Analyst report warning the city could forgo percentage‑based rent under the proposed minimum‑guarantee lease, the Board continued the eight‑year Clear Channel airport advertising lease to gather more analysis and for the airport director to return.

The San Francisco Board of Supervisors Budget & Finance Subcommittee on March 6 continued consideration of an eight‑year airport advertising lease proposed by Clear Channel after industry protesters and the Budget & Legislative Analyst urged the panel to seek additional information.

Kathy Weidner, government affairs manager for the San Francisco Airport, summarized the proposed new lease between the Airport Commission and Clear Channel: an eight‑year agreement with a $10 million minimum annual guarantee (MAG) for 179 advertising locations at the airport. Weidner said Clear Channel scored highest in the airport's competitive process and that the airport selected a MAG‑only structure to secure a higher guaranteed payment and to limit expansion requests. She said Clear Channel's proposal includes a local business enterprise (LBE) component even though an LBE score was not a formal RFP criterion.

The Budget & Legislative Analyst (BLA) presented a detailed critique. The analyst noted that under the existing 12‑year lease Clear Channel paid percentage rent in addition to MAG and that percentage rent exceeded MAG in nearly half of the past 11 years, yielding millions in additional revenue for the airport. The BLA said the proposed MAG‑only structure would preclude the airport from sharing in revenue growth and recommended continuing the resolution so the airport could either include a percentage‑of‑gross provision or show a reliable audit mechanism for gross receipts under a percentage rent model.

Industry and community commenters urged the board to review the procurement process. JCDecaux representatives argued the airport deviated from the RFP scoring methodology and asked the board to sustain its bid protest, citing Administrative Code Section 2A173 and Charter requirements for leases with anticipated gross revenues over $1 million. JCDecaux representatives also said the RFP process lacked clarity and that oral changes were not authorized by the written RFP. Clear Channel and a range of local small‑business subcontractors and LBEs also testified, with some urging approval because of Clear Channel's outreach and training programs for small firms.

After hearing from multiple industry and community witnesses and the BLA, Chair Supervisor Mark Farrell moved to continue the item to the call of the chair so that airport director John Martin can return and staff can work with the BLA to provide additional analysis about rent structure, auditability and comparative contracting practice at other major airports. The motion passed without opposition.

What happens next: The airport will return with additional information on (1) whether a percentage rent provision or hybrid structure can be incorporated, (2) how gross receipts would be audited, and (3) comparisons to advertising contracts at other airports and city concessions.