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Home My WebLink About07-09 RDA Resolution I I I RESOLUTION NO. RDA 07-09 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE FARMERS' MARKET LICENSE AGREEMENT THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. Findinas. The Board of Directors does hereby find, determine and declare that: A. On December 11, 2002, the agency and Cunningham entered into that certain agreement entitled "License Agreement between the Redevelopment Agency of the City of Temecula and Farmers' Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers' Market." B. On December 6, 2004 the Agency and Cunningham entered in that certain agreement entitled "First Amendment License Agreement between the Redevelopment Agency of the City of Temecula and Farmers' Market Management Inc. for Use of a Portion of Agency Property at Sixth Street and Mercedes Street for a Farmers' Market." The original agreement of December 11, 2002, as amended by the First Amendment on December 6,2004 shall be referred to in this Second Amendment as the "Agreement." C. The parties now desire to amend the Agreements as set forth in this Second Amendment. Section 2. Environmental Findinas. The Agency Board hereby makes the following environmental findings and determinations in connection with the approval of the License Agreement: A. In accordance with the California Environmental Quality Act, the proposed Second Amendment to the Farmers' Market License Agreement has been deemed to be categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301, Class 1 (Existing Facilities) because it involved negligible expansion of an existing use. The proposed Second Amendment to the Farmers' Market License Agreement involves a negligible expansion of an existing use. Currently, a Farmers' Market exists at this location and is operating each Saturday similar to the proposed project; however, with certain restrictions which will be imposed by this Second Amendment to the Farmers' Market License Agreement and will modify the nature of some of the products being sold. The proposed Second Amendment to the Farmers' Market License Agreement for a Farmers' Market will neither change its location nor expand its operations except that the Vendors will be granted the use of four adjacent bus spaces within the same parking lot. The existing Farmers' Market is open for business each Saturday from 8:00 a.m. until 12:00 noon. Likewise, the R/RDA Rosas 2007/RDA 07-09 I I I proposed Second Amendment to the Farmers' Market License Agreement will allow the Farmers' Market to be open for business each Saturday from 7:30 a.m. until 12:30 p.m. (not including one and a half hours for set-up and one and a half hours for clean-up). Based on the fact that the existing Farmers' Market is very similar to the Farmers' Market that will be allowed under the proposed Second Amendment to the Farmers' Market License Agreement, the project will involve negligible expansion of an existing use. B. In accordance with the California Environmental Quality Act, the proposed Second Amendment to the Farmers' Market License Agreement has been deemed to be categorically exempt from further environmental review pursuant to CEQA Section 15323, Class 23 (Normal Operations of Facilities for Public Gatherings), because the proposed operation under the Second Amendment to the Farmers' Market License Agreement is similar to the normal operations of existing Farmers' Market for which there is a past history of the facility being used for the same or similar kind of purpose. "Past History" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. An existing Farmers' Market, located at the Southwest corner of Sixth Street and Mercedes, has been in operation since October 20, 2000. Currently, the existing Farmers' Market is open for business each Saturday similar to what is proposed for the License Agreement (except existing business hours from 8:00 a.m. until 12:00 noon will be slightly modified to 7:30 a.m. until 12:30 p.m., excluding one and a half hours before and after for setup and clean-up) The type of operations of the existing Farmers' Market includes various vendors selling items at designated booths. This is exactly how the proposed Farmers' Market will operate except the Second Amendment to the Farmers' Market License Agreement will require that the nature of the products being sold are modified slightly to ensure consistency with the expectations of a Farmers' Market. In conclusion, there is a past history of the parking lot being used for a Farmers' Market each Saturday, and the proposed future occurrence of the Farmers' Market will not represent a change in the operation of the facility. Section 3. Aooroval of License Aareement. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Second Amendment to License Agreement Between the Redevelopment Agency of the City of Temecula and Farmers' Market Management Company Inc. for Use of a Portion of Agency Property at .Sixth Street and Mercedes Street for a Farmers' Market," ("Second Amendment") with such changes in such Second Amendment as may be mutually agreed upon by the Farmers' Market Management Company, Inc. and the Agency Executive Director as is in substantial conformance with the form of such Second Amendment that is on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Second Amendment on behalf of the Agency. A copy of the final Second Amendment when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. R:/RDA Rosas 2007/RDA 07-09 2 I Section 4. Executive Director's Authoritv. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Second Amendment, and to administer the Agency's obligations, responsibilities and duties to be performed under the said Second Amendment. Section 5. Certification. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula this 6th day of November, 2007. ~ ) u Maryann Edwards,Chairperson ATTEST: I [SEAL] I R:/RDA Rosas 2007/RDA 07-09 3 ...._"<k>,"',.,,."..,;;". ..1;..,,___;,1.,_.. ..:..d.~ I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 07-09 was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 6th day of November, 2007, by the following vote: AYES: 4 BOARD MEMBERS: NOES: 0 BOARD MEMBERS: ABSENT: 1 BOARD MEMBERS: Comerchero, Naggar, Washington, Edwards None Roberts ABSTAIN: 0 BOARD MEMBERS: None R:/RDA Resas 2007/RDA 07-09 W. Jones, MMC Board Secretary 4