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HomeMy WebLinkAbout55E - EL FAISAN MARKET FACILITIES r REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 20, 2005 TITLE: RESOLUTION TERMINATING EXISTING LICENSE AGREEMENT AND APPROVING A NEW MONTH-TO-MONTH AGREEMENT FOR USE OF THE EL FAISAN MARKET FACILITi) ~ ~tiJc2- CITY MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO --" FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution terminating the license agreement dated September 4, 1984, between the City of Santa Ana and the Downtown Santa Ana Business Association. 2. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a month-to-month agreement between the City of Santa Ana and Javier and Milena Marin, dba El Faisan, for continued use of the El Faisan Market facilities. 3. Approve an appropriation adjustment recognizing the lease revenues and appropriating the same. DISCUSSION On February 6, 1984, the City Council adopted Ordinance No. NS-1715 creating a Business Improvement District (BID) in Downtown Santa Ana and, subsequently, appointing the newly created Downtown Santa Ana Business Association (DSABA) as the Downtown BID Advisory Board. On September 4, 1984, City Council executed a License Agreement with DSABA to provide property management services for the City-developed open-air vending market, currently known as the El Faisan market. This License Agreement called for DSABA to sub-license the facility to vendors and retain the rent as cost for management of the facility. Most recently, on April 2, 2001, DSABA entered into an agreement with Javier and Milena Marin, dba El Faisan, to provide Mexican import novelties, western wear goods and services in the licensed area. That agreement expired by its term on March 31, 2004, but the Marins have been permitted to remain on the property on a month-to-month basis. 55E-1 Resolution Terminating Existing License Agreement and Approving a New Month-to-Month Agreement for Use of the El Faisan Market Facilities June 20, 2005 Page 2 On May 21, 2003, the DSABA Board approved a reorganization plan. Since then, DSABA has not been an actively functioning organization. On October 6, 2004, the City Council, adopted Resolution No. 2003-078 appointing the Community Redevelopment and Housing Commission (CRHC) in the place of DSABA as the BID Advisory Board. Since DSABA no longer represents the interest of the downtown businesses and is no longer the BID Advisory Board, the City Staff has determined that DSABA is no longer the appropriate entity to manage the subject property. The termination of the El Faisan license agreement allows the City to enter into a month- to-month rental agreement directly with the market operator at the compensation rate of $3,000 per month. FISCAL IMPACT The appropriation adjustment will recognize the lease revenue of $36,000 annually. Funds received will be deposited into the Downtown Maintenance Fund (account no. 407-01-5804) and appropriate the same. APPROVED AS TO FUNDS AND ACCOUNTS: vn.~ ..,(otpatric~a () Executl ve Community tMcudo ~d'U</ (! ~J~u/)- iJ/.Franci?co G~tierrez ctJ Executlve Dlrector r Finance & Management Services Agency Whitaker irector Development Agency PCW/NTE/mlr H:\ACTIONS\2005 CC\ResoTermExistLicAgree&ApprvNewMonth-MonthAgreeElFaisan 6-20-05.doc 55E-2 MV 05-27-05 RESOLUTION NO. 2005-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TERMINATING THE LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE DOWNTOWN SANTA ANA BUSINESS ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City has developed and is continuing to develop certain portions of its downtown area as locations suitable for open-air vending. B. On February 6, 1984 the City Council adopted Ordinance No. NS-1715, creating a Business Improvement District (BID) in Downtown Santa Ana. C. The City Council appointed the newly created Downtown Santa Ana Business Association (DSABA) as the Downtown Business Improvement District (BID) Advisory Board. D. Council determined that DSABA was the representative organization of downtown Santa Ana and therefore was the appropriate entity to undertake the management of vendors in certain areas of the downtown. E. On September 4, 1984 City Council granted DSABA a revocable license to use for various vending and display purposes the property originally known as the "Mercado", and the "Paseo", currently known at the EI Faison market, collectively "subject property" on the map attached hereto as Exhibit A and incorporated herein by reference. F. The license authorizes DSABA to enter into a lease or similar agreements with vendors to operate on said property and for DSABA to collect and retain rent from said vendors to offset DSABA's administrative cost of managing the vending operations in the area. G. The License can be revoked at any time by resolution of the City Council. H. On April 1st, 2001, entered into a three year agreement with Javier and Milena Marin, dba EI Fiazon, to occupy the space known as the "Mercado", and the "Paseo" to vend Mexican import novelties, western wear, goods and services. This agreement between DSABA and Javier and Milena Marin expired March 31,2004 however, the tenants continue to operate in the Mercado. Resolution No. 2005-061 Page 1 of 3 55E-3 I. At its May 21,2003 meeting, DSABA approved a plan to restructure the organization. Since this time, DSABA has no longer met or operated an a representative organization of downtown Santa Ana. J. On October 6, 2004, City Council adopted Resolution No. 2003-078 appointing the Community Redevelopment and Housing Commission (CRHC) as the Downtown BID Advisory Board. K. As DSABA no longer meets and as such, no longer represents the interest of the downtown businesses and is no longer the BID Advisory Board, the City hereby determines that DSABA is no longer the appropriate entity to manage the subject property. Section 2. The City Council hereby terminates the license agreement with DSABA. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of ,2005. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2005-061 Page 2 of 3 55E-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-061 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 55E-5 Resolution No. 2005-061 Page 3 of 3 .- ..:~'-- -".~. - ..-;,;,;.:.....' '. '-"-"'.. .- ~-,,,-,,,,, ,r-, ~ -~ < _ ; "J,("W . . ,,,-" . . ~ . . ,to . ... MORTIMER ~ ~ ..... ~ FRENCH SPURGEON BUSH .~ "" ~ :?:: ~ MAIN .~ ~ STREET h. tj ~ CI) ::::fth"e:::::::: \{~f:.f:ip.:~: STREET i:: .... ~ ., I ! ~ 55:~-~i6!T ~\ .1'7------- \ i h. ~ ~ Ct) STREET STREET i:: ~ ~ STREET ~(! h. ~ ~ CI)' .' .' ~ CC ~ "