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Home My WebLink AboutWALK ON ITEM -PROPOSED RELOCATION OF SANTA ANA LINCOLN - MERCURY IN THE TUSTIN AUTO CENTERiD A DATE: July 15, 1986 TO: HONORABLE MAYOR AND CITY FROM: CITY ATTORNEY WALK-ON ITEM 7-21-86 Inter -Com COONCI a l- ,p6 ADOPTED RESOLUTION �=-- SUBJECT: PROPOSED RELOCATION OF SANTA ANA LINCOLN -MERCURY IN THE TUSTIN AUTO CENTER RECOMMENDATION: That the City Council pass and adopt Resolution No. 86- 85 _, Finding and Declaring the Public Benefit of and Support for the Relocation of Santa Ana Lincoln-Mercury Motor Vehicle Dealership to the Tustin Auto Center. BACKGROUND: Santa Ana Lincoln-Mercury has an optioin to acquire property in the Tustin Auto Center and wishes to relocate its dealership. The Ray Fladeboe Lincoln-Mercury dealership located in the Irvine Auto Center has filed an objection to the relocation pursuant to certain provisions in the Vehicle Code which provide that an existing dealership can object to a similar dealership relocating within a certain radius. Upon filing of such an objection the matter is referred to an administrative hearing conducted by the State to determine whether the other dealership should be permitted to locate within that radius. Santa Ana Lincoln-Mercury is preparing its case for the adminis- trative hearing and is being supported by the Ford Motor Company. Attorneys for Ford Motor Company have requested a resolution of the Tustin City Council supporting the relocation. For that purpose the attached resolution has been pJJA. OROURKEit is recommended be adopted by the City Council. City Attorney JGR : se : D : 07/15/ 8 6 (1) Enclosure Office of the City Clerk July 22, 1986 Stuart Teger, Esq. Honigman, Miller, Schwartz & Cohn 2290 First National Building Detroit, Michigan 48226 Dear Mr. Teger: Subject: Tustin Auto Center, Santa Ana Lincoln-Mercury As requested by City Attorney James G. Rourke, enclosed are five certified copies of Resolution No. 86-85 which was adopted by the Tustin City Council at its regular meeting on July 21, 1986. Sincerely, t� Eva A. Nava Deputy City Clerk Enclosures c: City Attorney City Manager 300 Centennial Way 9 Tustin, California 92680 9 (714) 544-8890 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28� RESOLUTION NO. 86-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING AND DECLARING THE PUBLIC BENEFIT OF AND SUPPORT FOR THE RELOCATION OF SANTA ANA LINCOLN -MERCURY MOTOR VEHICLE DEALER- SHIP TO THE TUSTIN AUTO CENTER The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Santa Ana Lincoln-Mercury, a motor ve- hicle dealership currently located in the City of Santa Ana, has expressed its request and intention to relo- cate its dealership to the Tustin Auto Center located within the City of Tustin, and towards this end the dealership has obtained an option to acquire the prop- erty required to establish the relocated Lincoln- Mercury dealership in the Tustin Auto Center; and B. That Santa Ana Lincoln-Mercury has a reputa- tion as a quality dealership providing qualified sales and service to its customers; and C. That a Lincoln-Mercury dealership offering the same line -make of motor vehicles as Santa Ana Lincoln- Mercury is currently located in the Irvine Auto Center in the City of Irvine and has filed a protest to the relocation of Santa Ana Lincoln-Mercury; and D. That good cause exists for the relocation of Santa Ana Lincoln-Mercury, a motor vehicle dealership offering the same line -make as another Lincoln-Mercury 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20i 21 22 23' 24 25 26 27 28 franchise located in the City of Irvine, to the Tustin Auto Center, based on all of the existing circum- stances, as evidenced by the following findings: 1. The relocation of Santa Ana Lincoln- Mercury motor vehicle dealership will not be injurious to the public welfare of the persons residing, working or conducting business in the community and relevant market area; 2. The relocation of a franchise of a Lincoln-Mercury dealership to the City of Tustin from the City of Santa Ana will provide and in- crease healthy competition and convenient consumer care for the motor vehicles of the line -make in the market area, and will improve motor vehicle sales and service facilities, equipment, the supply of vehicle parts, and qualified service personnel for this line -make of vehicle; 3. A Cadillac dealership is currently lo- cated and operating in the Tustin Auto Center and the addition of a Lincoln-Mercury dealership in the Tustin Auto Center will provide another line - make of vehicles of the same type offered by the Cadillac dealership, thereby stimulating sales, promoting competition and a high quality of ser- vice for consumers in the market area; 4. The relocation of a quality motor ve- hicle dealership, namely Santa Ana Lincoln - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 23 24 2511, 26 27 II 28. �I Mercury, will be beneficial to the City of Tustin, its residents and to businesses located within the City by virtue of increasing tax revenues and attracting, as well as bolstering, new and exist- ing commerce within the City and entire market area. E. The City Council hereby finds and declares that good cause exists, in accordance with the criteria set forth in Section 3063 of the Vehicle Code of the State of California, based on the existing circum- stances, to support and endorse the relocation of Santa Ana Lincoln-Mercury motor vehicle dealership to the Tustin Auto Center in the City of Tustin. II. The City Council of the City of Tustin hereby declares its full support of the relocation of Santa Ana Lincoln-Mercury dealership to the City of Tustin and urges approval of such relocation. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of July, 1986. ATTEST: (39) City Clerk 3 Mayor ROUTING SLIP 21 _U DATE: TO: Administrative Services Community Development Maintenance Royleen White Don Lamm Cliff Evert Bettie Correa Donna Orr Hugh West Kathy Wright Community Services Diane Hansen City Attorney Jeff Kolin Police Jim Rourke Sue Knight Charles Thayer Sandy Evans Engineering Kathy Kolina Other Bob Ledendecker Water City Clerk Monda Buckley Earl Rowenhorst XX Mary Wynn Julie Robertson Reed Jensen Eva Solis Finance Becky Fountain City Manager Ron Nault Bili Huston Loni Hamblin Janet Hester Sandra Robinson OTHER: ACTION: Handle Revise as Indicated Contact Me Initial and Return For your Signature Information Only Draft Reply for ny Signature Recommendation Needed Read and File Review and Comment Forward to Return Give Status Report Written 2 -Hole or 3 -Hole Punch Due Date Xerox Copies Mail To: REMARKS: Mary, please make a note to yourself to send certified copies.of this resolution to r1,o atterney as quickly —as poss' - -i --- - adoption of the resolution. FROM: James G. Rourke JAMES G. ROURKE THOMAS L WOODRUFF ALAN R. WATTS KENNARD R. SMART, JR. DANIEL K. SPRADLIN LYDIA 5. LEVIN SUZANNE D. ATKINS LOIS E JEFFREY THOMAS F. NIXON SCOTT W. MONSON DD LAW OFF";ES OF 7 (�(� RcouAe & ��Toodruii A PROFESSIONAL CORPORATION SUITE 7000 NEXUS FINANCIAL CENTER 701 SOUTH PARKER STREET ORANGE CALIFORNIA 92668 TELEPHONE (714) 558-7000 July 15, 1986 Stuart Teger, Esq. Honigman, Miller, Schwartz & Cohn 2290 First National Building Detroit, Michigan 48226 RE: Tustin Auto Center: Santa Ana Lincoln-Mercury Dear Mr. Teger: TELECOPIER: (714) 835-7787 CABLE ADDRESS: RORWOOD TELEX: 80-4294 Enclosed is a copy of the resolution you have requested, revised in accordance with your input. This will be submitted to the Tustin City Council for consideration at its next meeting on Monday, July 21, 1986. We will forward five certified copies to you immediately upon its adoption. Very t,peTV,&AffUrs, JAN G/ ROU RKE Cifwy Attorney City of Tustin JGR : se :D : 07/15/86 (5 ) Enclosure cc: W. Huston M. Wynn