HomeMy WebLinkAbout2005-061 - Terminating the License Agreement Between the City of Santa Ana and the Downtown Santa Ana Business Association
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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 2005-061
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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.
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ADOPTED fui, ,0'.'" 0' J""" 20, ~~r Y- //
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V MigUel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City A!torney
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By:
MicHael Vigliotta
Deputy City Attorney
AYES:
Councilmembers: Alvarez. Bist. Bustamante. Christv. Garcia. Pulido.
Solorio (7)
NOES:
Council members: None (0)
ABSTAIN:
Council members: None (0)
NOT PRESENT: Councilmembers: None (0)
Resolution 2005-061
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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 June 20. 2005.
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Resolution 2005-061
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Resolution 2005-061
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