A while back the Fullerton Observer ran an article about supporting businesses and addressing the damned unfairness of rents on City-owned property. The restaurant Les Amis was cited as a particular case. The older Kennedy Sister – Sharon – opined in one of her frequent comments on her younger sister’s posts:
Maybe Les Amis should be renamed The House of Blues.
But we’ll take trip down memory lane, courtesy of a Public Records Act request about Les Amis:
Feb 2011 Jinan Montecristo d.b.a. Les Amis Restaurant & Lounge (Jinan) applied for an outdoor dining encroachment agreement.
Aug 2011 After several reviews of the site plan, staff provided a draft encroachment agreement to Jinan for consideration
Sept 2011 Jinan issued a letter to staff challenging the lease rates. Les Amis installed fencing and started operating within the public right-of-way without executed agreement (south patio).
Dec 2011 Staff send revised encroachment agreement for consideration
June 2012 Jinan was issued an Administrative Restaurant Use Permit (ARUP), which included an ancillary outdoor patio. Among other things, the conditions of the ARUP required a valid encroachment agreement pursuant to the Outdoor Dining Guidelines established by the City Council.
July 2012 Staff send revised encroachment agreement for consideration
Dec 2015 Jinan submitted building permit to expand into the north portion of the building.
Feb 2016 Staff inform Jinan that she owed $28,659.60 for use of the public right-of-way of private benefit (9/2011 – 2/2016).
May 2016 Modification of an Amended ARUP was approved, expanding existing restaurant into adjacent tenant space. Jinan executed an encroachment agreement for outdoor dining (south patio only; $510/month; $6,120 annually). The agreement also required payment for 12-month prior occupancy ($6,120; negotiated down from $28,659.60).
Aug 2016 Jinan issues a letter to staff indicated they are “unable to fulfill financial obligations” due to “hardship”.
April 2017 Jinan was issued a letter from the City attorney to pay outstanding balance on account.
May 2017 Encroachment Agreement expired.
Aug 2017 Les Amis expanded into the north patio area without a permit/agreement for outdoor dining.
Nov 2018 Jinan was issued a letter from the City attorney, indicating they are in violation of their ARUP, failed to pay the lease outlined in the executed agreement, and are required to remove encroachments (north and south patio) by Dec. 14, 2018. Jinan subsequently expressed interest in continued use of both patios. Outstanding balance was $24,643.70 at the time.
Dec 2018 Jinan signed resolution of breach of outdoor dining encroachment agreement and FMC. Resolution waived outstanding balance on Patio 2 (north patio; $5,263.70), resulting in $19,380 of remaining account balance.
Jan 2019 Staff sent two encroachment agreement(s) for consideration. Jinan expressed interest in removing Patio 1 (south patio) and expanding Patio 2 (north patio)
March 2019 Jinan executed Encroachment Agreement for new north patio only. New Agreement was for $913.75/month ($510 for north patio; $403.75 for prior occupancy fee ($19,300 amortized over 48 months))
Permit was issued for removal of fencing around south patio and installation for north patio expansion per executed agreement.
May 2020 City Council paused collecting lease revenue from all outdoor dining encroachments due to the COVID-19 pandemic. Outstanding balance for all outdoor dining agreements was also waived. Les Amis waived balance was approximately $13,647.50.
June 2022 Council approved new lease rates for outdoor dining on public property.
Aug 2022 Les Amis reinstalled south patio without permits and/or an agreement.
Sept 2022 Jinan submitted application to reinstall south patio.
Aug 2023 Staff reinitiated collecting lease from all existing agreements.
Oct 2024 Jinan defaulted on payments from August 2023 to October 2024, accumulating a dept of $13,468.71. Jinan signed an agreement for a 12-month payment plan to pay the outstanding debt of $13,468.71.
NOTE: this did not include prior occupancy for the reinstalled south patio.
Nov 2024 Jinan executed two superseding encroachment agreements for outdoor dining with the new lease areas and rates.
April 2025 Jinan defaulted on payments, accumulating an outstanding balance of $26,650.96. Staff terminated the agreements, cancelled the payment plan, issued several notices of violations, and required removal of all encroachments. Jinan expressed financial hardship and requested the City revisit the lease rate. Jinan also paid $1,200 toward the payment plan and expressed interest in purchasing the property. The city paused removal to explore options.
July 2025 Jinan was once again requested to remove all unpermitted encroachments. Jinan paid $3,900 toward the payment plan. City Manager agree to extend the time for compliance or a change in the Outdoor Dining policy for 60 days. To date, Jinan has an outstanding balance of $31,185.10 ($5,494.06 payment plan; $25,691.04 encroachment agreements)
And these people have the damn nerve to get up in public and harangue the City Council about fairness?