55E - EL FAISAN MARKET FACILITIES

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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