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HomeMy WebLinkAbout1996-01-09 - AGENDA REPORTS - PRINCESSA RAIL STATION (2)AGENDA REPORT City Manager Approval Item to be presented by: Dennis Luppens UNFINISHED BUSINESS DATE: January 9, 1996 SUBJECT: PRINCESSA RAIL STATION AUTO SWAPMEET DEPARTMENT: Public Works BACKGROUND At the October 10, 1995 regular Council meeting, staff recommended a proposal from Tyler J. Shaw, sole proprietor of Santa Clarita Auto Swapmeet, to establish an auto swapmeet at the Princessa Rail Station on the weekends. Mr. Shaw has offered $1,000 per month and physical improvements to the property, including general landscaping and brush removal, to lease this property. Council directed staff to conduct public meetings in the Canyon Country area on Mr. Shaw's proposal. These meetings were conducted on November 15 and 16, 1995 at Sierra Vista and La Mesa Jr. High Schools. Five residents from the Vista del Canon community attended. The residents opposed the proposal. Mr. Shaw, on his own, has also been in contact with residents in the Canyon Country area, more specifically holding a meeting with the Vista del Canon homeowners. Mr. Shaw will report on the outcome of his meeting with the Vista del Canon residents. In summary, the rent from the proposal is consistent with the rent the City receives from the Saugus Swapmeet for use of the Soledad Rail Station as a swapmeet parking lot on weekends. The Community Development Department has indicated that a potential auto swapmeet at this location would be in compliance with all applicable zoning regulations. Attached is a letter from the City of Thousand Oaks highlighting the benefits of an auto swapmeet, based on that City's experience. Staff does not anticipate any conflict with the proposed weekend use of the property, as Metrolink provides no passenger rail service on weekends. Upon review and approval of the lease by the City Attorney, authorize the City Manager to enter into an agreement with Tyler J. Shaw to rent space at the Via Princessa Metrolink Station; and increase Revenue Account 55-3705, Parking Lot Use Fees, from $24,000 to $30,000. Business Proposal Draft Lease Agreement Letter from the City of Thousand �O"aaks/� F:\pw\cca enda\SWA W4.AGN ` 4,- `/- `—`�� ,=�Z� . Agenda Item; �� WELCOME TO THE.. MM/b ilmorp'll,(,im , ma R% l A " THE FAST, CONVENIENT AND SAFE WAY TO SELL YOUR VEHICLE" OWNER/OPERATOR: TYLER 1. SHAW TO CREATE AN OPPORTUNITY FOR THE RESIDENTS OF THE SANTA CLARITA VALLEY TO SELL, PURCHASE OR TRADE VEHICLES ON A PRIVATE PARTY BASIS. TO UNITE BUYERS AND SELLERS OF AUTOMOBILES RECREATIONAL VEHICLES, WATER CRAFT AND MOTORCYCLES AT A SAFE, LEGAL AND CONVENIENT LOCATION THE SANTA CLARITA AUTO SWAP MEET WILL STRIVE TO CREATE AN INTIMATE ATMOSPHERE WHERE BUYERS AND SELLERS ALIKE CAN OPENLY COMMUNICATE ABOUT THE SALE AND/OR PURCHASE OF A VEHICLE THE S.CA.S. WILL ATTEMPT TO "CLEAN-UP" MANY VACANT LOTS, STREET CORNERS AND PARKING LOTS THROUGHOUT THE S.C. V, BY OFFERING RESIDENTS A "DESIGNATED AREA" TO MARKET THEIR "FOR SALE" VEHICLES. THE S.C.A.S. WILL ASSIST IN THE TRANSACTIONS CONDUCTED BETWEEN PRIVATE PARTIES, BUT AT NO TIME ACT AS AN AUTO SELLER, RESELLER, OR DEALER. ALL TRANSACTIONS ARE, AND WILL REMAIN, BETWEEN PRIVATE PARTIES. AS A DEPUTY SHERIFF FOR THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT, 1 AM AWARE OF THE MANY SAFETY RISKS, LEGAL DIFFICULTIES, AND INCONVENIENCES ASSOCIATED WITH SELLING A USED VEHICLE. UNFORTUNATELY, IN TODAY'S SOCIETY IT IS NOT A SAFE PRACTICE TO HAVE PROSPECTIVE "BUYERS" (STRANGERS), COME TO YOUR HOME TO VIEW YOUR "FOR SALE" PROPERTY. NOR IS IT SAFE TO MEET A PERSPECTIVE BUYER (STRANGER), IN AN UNDISCLOSED, MUTUAL, MEETING PLACE AS NUMEROUS CAR THEFTS AND/OR ASSAULTS ARE COMMITTED UNDER THESE FALSE PRETENSES. IN ADDITION TO THE PERSONAL SAFETY ISSUE, THERE ARE SEVERAL "PROPERTY RISKS" INVOLVED WHEN DISPLAYING YOUR VEHICLE SOMEWHERE OTHER THAN IN FRONT OF YOUR OWN HOME OR DRIVEWAY MANY VEHICLES ARE BURGLARIZED, VANDALIZED OR STOLEN WHEN DISPLAYED AT PLACES THAT APPEAR TO BE "IDEAL VIEWING LOCATIONS'. 7718 o'wvvJZ109eJtq'i0J2: IN 1989 1 GRADUATED FROM CALIFORNIA STATE UNIVERSITY NORTHRIDGE WITH A B.A. DEGREE IN SOCIOLOGY, AND A MINOR IN CRIMINAL LAW I HAVE ALSO COMPLETED TWO YEARS OF COLLEGE COURSES IN THE "PRINCIPLES OF BUSINESS" AND "BUSINESS MANAGEMENT'. UPON GRADUATION, I BEGAN MY CAREER WITH THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT ASA DEPUTY SHERIFF I HAVE BEEN SO EMPLOYED FOR THE PAST 4 112 YEARS. MY PRIMARY FUNCTIONS INVOLVE, UPHOLDING THE LAW, PUBLIC SAFETY, AND PUBLIC RELATIONS. WHEN INTERACTING WITH THE PUBLIC IN THIS CAPACITY, I MUST EXHIBIT A GREAT DEAL OF COMMON SENSE, COMMUNICATION SKILLS AND KNOWLEDGE IN MY FIELD. THESE ARE ALL QUALITIES THAT I POSSESS AND APPLY ON A DAILY BASIS. I ALSO HAVE EXTENSIVE EXPERIENCE IN PERSONNEL MANAGEMENT, PAYROLL, SCHEDULING AND WORK FORCE COORDINATION 1 HAVE BEEN EMPLOYED BY SEVERAL COMPANIES IN THE CAPACITY OF SUPERVISION AND OPERATIONS. 1 WAS EMPLOYED BY MARSHALL'S INCAS A SHIFT SUPERVISOR FOR 5 YEARS PRIOR TO EMPLOYMENT WITH THE L.A.SD. 1 WAS ALSO EMPLOYED AS A MANAGER OF A RETAIL CLOTHING STORE IN ASPEN COLORADO. 1 WAS DIRECTLY RESPONSIBLE FOR STORE OPERATIONS CASH MANAGEMENT, EMPLOYEE SUPERVISION,PUBLIC RELATIONS, AND ADVERTISING. IN ADDITION TO AN EXTENSIVE BUSINESS, AND PUBLIC RELATIONS BACKGROUND, 1 HAVE A GREAT DEAL OF PERSONAL KNOWLEDGE AND INTEREST IN MOTOR VEHICLES. 1 POSSESS A GENUINE PASSION FOR AUTOMOBILES, MOTORCYCLES WATER CRAFT AND OTHER TYPES OF VEHICLES. I BELIEVE THIS TO BE A VITAL COMPONENT TO THE SUCCESS OF THIS PROPOSED - BUSINESS VENTURE 'T.AgzgcT ✓'t4,quzgc6T% THE S.C.A.S. IS DESIGNED TO BENFFIT THOSE MEMBERS OF THE COMMUNITY WHO ARE INTERESTED IN BUYING OR SELLING A USED AUTO, RV, BOAT OR MOTORCYCLE. ALSO, THOSE MEMBERS OF THE COMMUNITY WHO SEEK AN "HONEST DEAL WITH ANOTHER RESIDENT OF THEIR OWN COMMUNITY. AGE RANGE 16-75 HOUSEHOLD INCOME $50000• DEMOGRAPHICS: OUTGOING, MIDDLE CLASS, FAMILY ORIENTED LOCAL RESIDENTS OF THE CITY OF SANTA CLARITA AND OTHER OUT -LYING COMMUNITIES. (ie. CASTAIC AQUA DULCE, ACTON). O°i1Br-Rrp3ffw 03F s6y /") CBS 9nO7)3Tn By rra6 S.Clq S.: PROVIDE OPPORTUNITY FOR PRIVATE PARTIES TO ACTIVELY BUY/SELL OR TRADE THEIR USED VEHICLES IN A SAFE, FRIENDLY AND OPPORTUNE LOCATION OPPORTUNITY TO "GET TO KNOW" THE SELLER OF A PARTICULAR VEHICLE AND ASCERTAIN ALL FIRST-HAND INFORMATION ON A PROSPECTIVE VEHICLE AND THE TERMS OF PURCHASE THE "COMFORT' OF KNOWING THAT WHAT IS OFFERED THROUGH THE S.CA.S., IS LOCALLY OWNED BY ONE OF OUR OWN SCV. RESIDENTS OR A RESIDENT OF ONE OF OUR OUTLYING COMMUNITIES. ALL D.MV. FORMS AND ANSWERS TO QUESTIONS IN REGARDS TO PRIVATE PARTY TRANSACTIONS. ASSISTANCE IN PRICING OF VEHICLES BASED UPON CURRENT MARKET VALUES: CONDITION, AND "KELLY BLUEBOOK" COMPARISONS. "MULTIPLE VEHICLE" AND "RETURNING WEEKEND" DISCOUNTS. ASSISTANCE WITH PRESENTING VEHICLE TO PROSPECTIVE BUYERS PENDING THE ARRIVAL OF OWNER, IF NOT PRESENT AT TIME OF INQUIRY. ON -DUTY SECURITY DURING AND BETWEEN OPERATIONAL HOURS TO INSURE VEHICLE SAFETY .coc,27170w. THE LOCATION SOUGHT FOR THE PROPOSED S.C.A.S. IS THE METROLINK TRAIN STATION LOCATED AT 22201 VIA PRINCESSA, IN THE CITY OF SANTA CLARITA. THIS LOCATION IS ONE THAT WILL NOT COMPROMISE THE PRIVACY OF NEARBY RESIDENTS NOR WILL IT POSE ANY IMMEDIATE TRAFFIC HAZARDS AS IT IS LOCATED IN A RELATIVELY REMOTE, YET READILY ACCESSIBLE AREA OF THE SANTA CLARITA VALLEY THIS LOCATION IS ONE THAT WILL BE ENJOYED BY ALL THOSE WHO VISIT DUE TO ITS ELEMENT OF SECLUSION AND LACK OF CONGESTION THIS LOCATION IS HOWEVER VERY CENTRAL TO A GREAT PORTION OF THE SANTA CLARITA RESIDENTS . J2653s7"Tiory REGISTRATION OF THOSE VEHICLES TO BE DISPLAYED AT THE S. CA. S. WILL BEGIN AT 6:00 A.M. ON SATURDAYS. AVAILABILITY OF SPACES WILL BE GRANTED ON A FIRST COME, FIRST SERVE BASIS. PRE -REGISTRATION HOURS MAY BE ESTABLISHED AT A LATER TIME DUE TO SIZE AND DEMAND OF AVAILABILITY. ALL THOSE VEHICLES REGISTERED AT THE S.C.A.S. WILL BE VACATED FROM THE SAID PROPERTY BY 630 PM. ON EACH AND EVERY SUNDAY. ANY VEHICLE NOT REMOVED BY THIS TIME WILL BE SUBJECT TO TOW AT OWNERS EXPENSE .ii 1IDID 7,70 (nx 9J04E: IT WILL BE REQUIRED THAT EVERY REGISTERANT OF THE S.C.A.S., SIGN A "RELEASE OF LIABILITY" FORM PRECEDING THE USE OF THE S.CA.S.. THIS "LIABILITY WAIVER" WILL BE DICTATED BY "CITY". "INSURANCE UNDERWRITER" AND S.CA.S., CONCERNS, NEEDS AND CONSTRAINTS. FOR SALE BY OWNER YEAR MAKE MODEL MILES PRICE SPECIAL DETAILS OWNEWHONE # PLEASE PLACE ON WINDSHIELD. REAL ESTATE LEASE This Lease Agreement (this "Lease") is made effective as of 1995, by and between the City of Santa Clarita; a Municipal Corporation, ("Landlord"), and Tyler J. Shaw, sole proprietor, Santa Clarita Auto Swapmeet , ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant, (the "Premises"): That certain lot of land its appurtenances, described as "Commuter Rail Station' parking lot, located at 19201 Via Princessa in the City of Santa Clarita. (Note: also described as "Princessa Metrolink Station") . TERM. The lease term shall be month to month and will begin on November 11, 1995. TERMINATION OF LEASE. The lease may be terminated by either party with a thirty day written notice. In consideration of the improvements, "Enhancement" to the terms of lease, to be made by Tenant, Landlord agrees not to terminate lease during the first year of tenancy except for good cause. Good cause shall include failure to pay rent or other charges when due, or material breach of any of the terms of this agreement. LEASE PAYMENTS. Tenant shall pay to Landlord monthly payments of one thousand dollars ($1,000,00) per month, payable in advance on the tenth day of each month. Rent shall be payable without notice or demand at such place as the Landlord may designate to Tenant in writing.. There shall be no increase in rent during the first year of tenancy. ENHANCEMENT. As an "enhancement" to the terms of the lease, Tenant agrees to provide and install, via a contractor selected by Tenant and approved by Landlord, general landscaping and brush removal, on and about the premises. Landlord shall review, agree and approve any and all alteration, improvement and addition "plans" prior to the commencement of such alterations, improvements and additions. POSSESSION. Tenant shall be entitled to exclusive right of possession and occupancy of the premises on Saturday and Sunday of each weekend during the term of the lease. Such possession and occupancy shall begin Friday at 6`.00 P.M. and end on Sunday evening at 10:00 P.M. At the end of each weekend. Tenant shall leave the premises in as clean a condition as it was in when Tenant took possession at the beginning of the weekend. PROPERTY INSURANCE. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. LIABILITY INSURANCE. Tenant shall maintain liability insurance in a total aggregate sum of at least one million ($1,000,000.00). Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force. Landlord shall have the right to require that the Landlord receive notice of any termination of such insurance policies. INDEMNITY REGARDING USE OF PREMISES (HOLD HARMLESS) Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's use or misuse of the Premises. ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Tenant, Santa Clarita Auto Swapmeet, (from the ownership existing at the inception of this lease), without the prior written consent of Landlord, which shall not be unreasonably withheld. SEVERABILITY: If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited:. WAIVER The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of California. Title Date Print Name: Address: TENANT: Date Tyler J. Shaw, sole proprietor, Santa Clarita Auto Swapmeet 23722 Rotunda Rd, Valencia, Ca 91355 Page 2 of 2 TO WHOM IT MAY CONCERN: lab ELOIS ZEANAH COUNCILMEMBER September 7, 1995 This letter is in regards to the establishment and operation of the proposed "Santa Clarita Auto Swapmeet". I have been witness to the benefits that this type of business provides to residents. I am a strong supporter of a very similar business in my community, the Thousand Oaks Auto Swapmeet. The Thousand Oaks Auto Swapmeet is an enormous asset to our community for several reasons: 1) It provides residents with a safe and convenient place to display their vehicles "for sale," thus eliminating the risks of exposing their homes and personal property to "perspective buyers" or "strangers". 2) It provides residents with a safe and convenient place in which to "shop" for used autos, boats, RV's, motorcycles, etc: 3) It assists those persons who are unfamiliar with conducting a private party vehicle transaction by providing all DMV paperwork, as well as advice on the completion of such paperwork. 4) It contributes to the generation of city revenue. 5) It helps to "clean up" the community by taking "for sale" vehicles off of vacant lots and public streets. 6) It helps offset maintenance costs of the land on which it operates. Our community has responded very positively to the Thousand Oaks Auto Swapmeet since its opening. Our residents are very appreciative of all the benefits that this establishment provides. I have not found that the Thousand Oaks Auto Swapmeet has had any negative impact whatsoever on our community, nor have I found it to decrease the revenue generated by the Thousand Oaks Auto Mall. I have spoken to Mr. Shaw, and I believe that he is sincere in his efforts to provide a highly beneficial service to your community. Sincerely, Elois Zeanah Council Member 2150 WEST HILLCREST DRIVE, TNOUSANO OAKS, CALIFORNIA913201 (603) 497-8611 • FAX (805) 499-3105 a , r CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: Carl Newton, City Attorney FROM: Dennis Luppens, Administrative Assista416- VC, DATE: January 8, 1996 !1 SUBJECT: January 9, 1996 City Council Agenda Item Swapmeet Request to Pull Item I am requesting your advise on pulling the above captioned item from the January 9, 1996 City Council meeting agenda. In September 1995, staff received a proposal to lease City owned property (Princessa Rail Station) to Mr. Tyler Shaw for an Auto Swapmeet. Staff then took the item to Council, Council directed the staff to hold meetings in the Canyon Country area for public input. The meetings were held in October 1995. The staff is now prepared to go to the City Council at their January 9, 1996 meeting with the recommendation that the City enter into an agreement to lease the property. On Thursday, January 4, 1996 Mr. Shaw notified the City staff of his intention to withdraw his proposal. Mr. Shaw's letter of withdrawal is attached. cc: George Caravalho, City Manager Lynn Hams, Deputy City Manager f:\home\dd0ria\de1.swp xAi Vis'(: k,nKas newtlaii 1- 7-96 ; 2u;11 ; SANTA CLARITA AUTO FAIR Dear Mr. Luppena: 805t294t25174 2/ 2 I htmihlely regret that, at this time, 1 RTA it neccesary to withdraw my current proposal to lease "city" land on which to operate the Sarna Clarita Auto Fair. 1 ant currently investigating other "location" possibilities that may adequately serve the intcn:sts of the Santa Clarita Auto Fair operation. . I am deeply appreciative of die all the cffott, to this point, that you and your co-workers have put forth towards furthering the passibility that the Santa Clarita Auto Fair become a reality. I am uncertain at this point whether this request will remain temporary or become permanent, since that will depend on the success of my alternate location search. I am hopeful that we can continue our working relationship into the future. Sincerely, V It7 J. 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