HomeMy WebLinkAbout55E - EL FAISAN MARKET FACILITIES
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REQUEST FOR
COUNCIL ACTION
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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)
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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:
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..,(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
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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
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