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HomeMy WebLinkAboutAgenda Report - July 2, 1986 (56)"Cvx1.101X , TING (PARKING OF VUETCU TI ii2t7U(=1 K)UP CITY FOR DISPLAY 011 CC -45 (a) CITY- COUNCIL_ MELTING JULY 2, 1986 I.,oliowirg intr0(1uctio1: of the subject agenda item by City Manager Peterson-,, Mr. Ray Glover, State President of the i Independent Autu Balers Association addressed the Council. Mr. Glover presented a petition bearing the signatures of approximately 20 uvners or managers of automobile dealers of the City of Lodi which reads as follows: "Re: Ordinance proposal prohibiting on street_ parking of privately owned automobiles for sale purposes on public property . The undersigned automobile dealers of the City of Lodi are in support of the establishment and enforcement of an ordinance prohibiting on -street parking of privately owned automobiles for sale purposes on public property. We feel that allowing on street parking of cars for sale by private individuals encourages profiteering, by people ktho engage in selling cars for a monetary gain on a continuing basis. If a private party wishes to sell his/her vehicle, it should be done on their premises, not on public streets. We, the car dealers of Lodi, follow regulations from the Division of Motor Vehicles, zoning, pollution control, State Board of Equalization, and Consumer Affairs, in addition to paying our fair share of taxes. Purchasing automobiles for the "intent of resale" is against the law unless you are a licensed car dealer. We urge you not to provide a glace that encourages profiteers to break the lawl" Mr. Glover urged the adoption of a City ordinance prohibiting the parking of cars on road�ys or or. private property for sale purposes and provided Council with sample language for such an ordinance. Also addressing the Council regarding the subject were: a) Mr. Darrel Geweke, 1045 S. Cherokee Lane, Lodi b) Mrs. Oscar Hess, 838 Virginia, Lodi c) Mr. Walter Pruss, 2421 Diablo Drive, Lodi A very leztgthy discussion, followed with questions being directed to Staff, the City Attorney and to those who had given testimony regarding the subject. Council referred the matter to Staff with direction to amend language contained in Ordinance No. 1381, entitled, "An Ordinance of the Lodi City Council Amending Section 10.20.070 of the LcAi Municipal Code to Substitute the Word 'Street' for the Word 'Roadway' as it Pertains to the Parking of Vehicles for Display or Repair" whicn had been intrcxluc-rd by the Council on March 19, 1986. CO-UNCI1 C0111IUNICATION TO THE CITY COUNCIL DATE NO. FROM. THE CITY MANAGER'S OFFICE — - July 2, 1986 SUBJECT: "CURBSTONING" (PARKING OF VEHICLBS T 9Z9,)Gi-i0U`T CITY FUR DISPIAY OR SALE) i Prepared by: Alice M. Rein-che City Clerk This niRtter had been continued to the July 2, 1986 Council meeting at the request of Mr. Clint Kelly of C. Kelly Motors, Lodi. Mr. Kelly advises that Mr. Ray Glover, State President of the Independent Auto Dealers Association and Mr. Troy Kelly, owner of 49er Auto Sales will be in the audience to address the Council regarding this matter on July 2, 1986. Enclosed is background information regarding the subject which had been provided to the Council earlier which includes: 1. Council Cocmzuication dated May 13, 1986 r "ran City Attorney Stein. r.'. 2. Ordinance No. 1381 regarding displaying of vehicles for sale upon any street, public right-of-way or public property which was introduced by the Lodi City 4. Council at the March 19, 1986 Council ),y meeting. 3. Various sample ordinance from other cities. 4. Letter fran Mr. Clint Kelly asking to address the Council regarding this matter. tw G�>Z Alice M. Rev' Ile City Clerk AMR: jj L :N CfL CO i1j 1,1 fU 1T Yt-`A T 1 i 10. THE CITY COUNCIL DATE NO. FROM. THE CITY MANAGER'S OFFICE MAY 1-3, 1986 SUBJECT: ORDINANCE REGARDING PARKING OF VEHICLES ON STREETS AND ROADWAYS WITH "FORSAF" SION TPM 1j< S=ION 1Q_2Q_07n_ Attached hereto is a copy of a proposed ordinance regarding displaying vehicles for sale upon any street, public right of way or public property which was introduced at the 3/19/86 City Council meeting. Said ordinance was amended to indicate no displaying on "any street, public right of way or public property" rather than merely reading on "any roadway". Attached hereto are also a number of various other cities' ordinances which deal with this problem. For example, in the City of Stockton, they have a very similar ordinance; however, they do permit parking in front of one's residence for vehicle sales. The only concern of that type of ordinance would be the requirement of the Police Department to determine if the vehicle is in fact actually maned by the persons in front of whose hone it is parked. Perhaps the onus could be placed upon the property owner to call the Police Deparment if such were the M. STEIN CITY ATIC?RNEY RW:vc attachments . ORDI gANC E No. 1381 AN ORDIN NCE OF THE LODI CITY COUNCIL AMENDING SJCTION 10.20.070 OF TTX ISI K NICIPAL CODE TO SUBS'T'ITUTE THE WORD "STREET" FOR 71�E WORD "ROAlAv''V" AS IT PERTAINS TO THE PARKING OF VEHICLES FOR DISPLAY OR REPAIR BE IT ORDAINED BY THE LODI CITY COUNCIL. SECTION 1. Section 10.20.070 of the Lodi Municipal Code as it pertains to parking for display or repair, is hereby amended to read as follows: 10.20.070 Parking for display or repair No person shall park a vehicle upon any street, public right of way or public property for the principal purpose of: A. Displaying such iehicle for sale; B. Washing, greasing or repairing such vehicle except repairs necessitated by an emergency. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this day of , 1986 Fred M. Reid Mayor Attest: ALICE M. REIN City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1381 was introduced at a regular meeting of the City Council of the City of Lodi held &Lrch 19, 1986 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held 1986 by the following vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members -- Abstain: Council Members - I further certify ULat Ordinance No. 1381 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. REIMCHE City Clerk Approved as to Form RCNAID M. STEIN City Attorney .11EAGUE C; CALIF IA CITIES �' '� 1•I00 f: `✓street Sacramento, California 95814 fvE URN � 2 WEEDS PLEASE P4 ORDINANCE NO. 1729 z } AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.40.060 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DISPLAY OF VEHICLES FOR SALE ` The City Council of the City of Newport Beach DOES } ORDAIN as follows: i SECTION 1. Section 12.40.060 of the Newport Beach Municipal Code is amended to read as follows: "12.40.060 Parking for Certain Purposes Prohibited. No person shall park a vehicle: (a) Upon a public or private street, parking lot J or any public or privateert ro for the p p y purpose of displaying such vehicle thereon for sale, hire or rental, s, unless the property is duly licensed and zoned by the City to transact that type of business at that location. t (b) Subsection (a) of this Section shall not prohibit $ persons from parking vehicles on private residential property i belonging to the owner of the vehicle nor on the public street immediately adjacent to said private residential a property. (C) Upon any roadway for the principal purpose of painting, greasing or repairing vehicle or property thereon except repairs necessitated by an emergence. (d) Upon any rcadway for the principal purpose of _ wash o -jto shim ;1 c7, .•1R7c .A4W li$rt thereof `when a charge is made for such service." SECTION 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the I ORDINANCE NO. NS -1402 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 41-613.1 PROHIBITING DISPLAY OF VEHICLES, VESSELS, AND OTHER PERSONAL PROPERTY FOR SALE. t THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered S41-613.1, which said section reads as follows: Sec. 41-613.1 Prohibition of display of vehicles, vessels, and other personal property for sale. r (a) No person shall park or place a vehicle or vessel JC or other personal property upon a public or private street, parking lot or any public or private property for the purpose of displaying ; i such vehicle, vessel, or other personal property thereon for sale, t hire or rental, unless said property is properly zoned by the T city for such purpose, and the vendor is duly licensed to transact / r� such business at that location. irk (b) Subsection (a) shall not prohibit any person from U M �C parking or placing a vehicle or vessel or other personal property Aon private residential property belonging to or occupied by the Af owner of such vehicle, vessel, or other personal property, for wthe purpose of displaying same for sale, hire or rental. O o (e) "Vehicle" as used in this section shall mean a "vehicle" Cas defined in S670 of the California Vehicle Code, as the same 2B`Q now reads or may hereafter be amended. U (d) "Vessel" as used in this section shall mean a "vessel," O as defined in S9840 (a) of, the California Vehicle Code, as the �7 same now reads or may hereafter be amended. %7 (e) The parking or placing of any vehicle or vessel or other personal property with a sign or other advertising device ►a thereon or promixate thereto, indicating such vehicle or vessel or other personal property is for sale hire or rental shall constitute prima facie evidence that such vehicle, vessel, or other personal property was parked or placed for the purpose of displaying same for sale, hire or rental. (f) A violation of this section shall constitute an infraction punishable in the same manner as provided in S36-27 of this code,,.ja s. the same now ,reads or may hereafter be amended. ADOPTED this 16th -day of January , .1978 by the following vote: AYES: - - COUNCILMEN: Garthe, Ortiz, Bricken, Yamamoto, Brandt, Ward NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Evans ATT Ef&1GTNAL SIGNED BY E. WARD FLORENCE I. MALONL• VICE MAYOR CLERK OF THE COUNCIL LEAGUE OTS' CAT.1-7- t'v.ZIiA CITIES f 300 4t :•.t: r•.: APPROVED A3v ` TO FORMac................. .. CLINT KELLY, PRESIDENT C. Kelly Motors 730 S. Cherokee Lane Lodi. CA 95240 (209) 368 7103 JOHN PERE2, CHAIRMAN Port City Auto Sales, Inc. 501 N. Wilson Way Stockton. CA 95205 (209) 464-4811 LONNIE CORREA. IST VICE PRESIDENT Ace Auto Sales 1397 N. Main Street Manteca. CA 95336 (209)239.3235 CHARLES HASTINGS. 2ND VICE PRESIDENT Rishwain ano Hastings 231 E'Weber Avenue Stockton. CA 95201 (209)948.8229 MARYLYN KELLY, SECRETARY C. Kelly Motors 730 S. Cherokee Lane Lodi, CA 95240 (209) 368.7103 SUE FIELD, TREASURER 4942 Franco Avonue Stockton. CA 95210 (209)931-2680 Past Prestoents John Parat/9831984 Ray Glover. 1961.1983 CARL R- 6RAKENSIEK Executive Director STILL DONNING Director of Government Relations 1225 Eighth SOW. Sutte 260 Sacramento, CA 95814 (916)441 -atm Attorney of Record CHARLES HASTINGS 231 E. Weber Avenue Stockton. CA 95201 (209r 948-8229 GRE.- TER S. %- JO.4 LI'i i LN'DFPE.%DE.-1%'T A UTO: DEALEKS ASSOCLATI0IY,,Q KI144-1.JaiF*jXj� 845 North WiLwn W'v1 Stockt4qL,lCai(%prµt¢l9.Sf?Or +t CITY I' - April 8 1986 I`0 iE LODI CITY COUNCIL: Ray Glover President of Independent Auto Dealers Association of Cal-ifornia and Clint Kelly President of the local chapter; would like to address the City council members about curbstoning.--- Cars that are for sale at street corner's around town. This is a reouest to be put on the agenda for the April 16th meeting. aTha k you � Clint Kell / y PLEASE SEND RESPONSE TO: C. KELLY MOTORS 730 S. Cherokee Lodi CA 95240 2 • ?F�'Z""``C' hexes r' �' .��,c.; f ,hYPilk - Y1413', SINCE 1957 INDEPENDENT AUTO-EALERS TO PE'7[P THE INDUSTRY 4 CAl:FORNiA '�. EXECUTIVE COMMITTEE Any F Gtc-er Pre a,aent G,... v: .: J 1,... ..., Pat MatlaCh Chairman or the Board oP. •., , +hbti+•(J SrrPl John Braun - Semor Vrce Pres;dent Al, S1arP Mntr,< 90o S F .. Pct S111 Jo1. i 4081 28:'-'J C Frank Murray - Vice President hl—A, s A,ac G,n•c 1548 Sam .yaM.o H•?ulevk:o Sam LPa ^(!'D. I.:1!�f)r^a 9457 1415; .:P.,. 3137 Ed Houk - Vice President Standen: nem, aCa 1Q,"N ADcr SrPet F,c,•,", Calac•na93rC. EN9, 26F91,(, Wro Estrada Vrce President Trane Useo CA,, 1001c g.�.• FF.•nanac Roar Pace^,:. ;;a'•+o.ma u133' (618, a,09 tleuC Jerry Cowgih - Secretary B,g J, u-1 C.- 2.40 ThomDS0, Boui„vard Ventura Canro•ma 93003 ! 8051 652 2021 Jay Penrod - Treasurer Jar "s Auto Sales 1977 E F0`u,enth Street San Leandro. Cal•rom,a 94577 ;,4151 757 3.555 PAST PRESIDENTS Pat Mat!ach 198384 Larry Brasher, 1952.83 Tom Field, 198182 Jim McCabe.1980-81- Roy Wilhite. 1979-80 Len Boyd, 1978.79 Jordan Sugarman- 1977.78 Bob Outten 1976.77 ToKent. 197576 Jim Mitchell. 1974.75 Vic Snyder. 197374 Frank Hammerer 197273 Manuel Rogers. 1971.72 Jahn Hatt, 197071 Doug Arman. 196970 Bob Scord,no. 196869 Lucky Skyrme. 1966-68 Leonard Cravens. 196466 Walt Howey. 198264 haws Godbold. 1%, 62 Leonard Cravens. 196061 Wendall Anderson 1959.60 Dick I,alterty. 195759 Cartyle R. Brakenalsk Executive Vice Pelfklent 8111 Oohring Director of Government Relations Margaret E. Taylor Admfntstrative Director ind,-._-andeni Automobile Dealers Association of California '225 EIGHTH STREET, SUITE 260 SAC RAM ENTO. A tfOH��A 9S <-4892 ii16i 441.666.3 Tune 18, 1986 Mayor Fred Reid � I0^ City of Lodi ,21 W. Pine Street Lodi, CA 95240 Re: 11r.ivate sales of used cars on public pronerty and unauthorized private parking lots. Honorable Fred Reid: It is my understanding .that there is no city ordinance established prohibiting the parking of privately owned automobiles for sale purposes on public property. Cases in point are the intersections of Kettleman and Cherokee Lanes, add Hutchins Road and Lodi Avenue, where at any given time there are ten (10) to fifteen (15) cars for sale by private parties. These are two of the most apparent locations, however, the problem is rampant throughout the City of Lodi. On and off street parking of privately owned vehicles for sale purposes has numerous detriments: 1. On street parking is hazardous because car shoppers become so pre -occupied with viewing the autimobile that they neglect safe driving principles. After the car shopper has double parked his own vehicle, he often walks around causing a further distraction for on -coming moving vehicles. 2. OFf street parking,-,i.e., a shopping center parking lot is in the control of the private property owner. Abandoned, neglected and derelict type vehicles are often parked for sale in shopping centers and cause an eye sore detering business. The parking lots were designated and zoned for the convenience of the shopping center patron, not the individual that has private interests at heart. 3. The tax revenue loss resulting from the above situation comes from the non -transfer of titles in a timely manor or not at all. Department of Moter Vehicles records have shown that some of these vehicles have been sold four (4) or five (5) times without ever being transferred. 4. Any injury or accident resulting from the showing, entering and leaving, or demonstrating of these vehicles could leave the property owner, be itup blit or Private, directly responsible. Stan Smith• Insurance Agent The Vehicle Code states, no vehicle shall be offered for sale for of Record Norriglat eca Agan[y 'profit' unless the individual is a licensed automobile dealer 512 E. Tw01 Ith $trPPf Oakland Cahtorma94606 and has a valid place of business. Different vehicles offered for (1100)772,3541 private sale sometimes have the same telephone nunbcr in the window AdvoCal Legislative Acvocnlns 12,5 Eighth Street. Su,Iq 260 Sacramento. Cahto—a 95814.489P 19161 4.16.6161 IADA SINCE 1957. INDEPENDENT AUTOMOBILE DEALERS -.h"ORKING TOGETHER TO BETTER THE INDUSTRY I'age 2 which causes one to believe that the seller is in :violation of the above code. Profit- eering without a dealers license by private individuals creates numerous ;problems for the consumer: a. Vehi:les are sold that do not Conf-CIM to pollution control laws. b. Unsafe vehicles are sold. c. Fradulent titles are issued. d. Stolen vehicles are sold (out of state vehicles especially). 'transactions of the scene vehicle are repeated without official title transfer to avoid detection by the Department of Motor Vehicles or proper enforcement agencies, i.e., the State Board of Equalization, I.R.S., Franchise Tax Board, Air Resources P,oard, and Bureau of Automotive Repair. Unscrupulous profiteers that circumvent Department of Motor Vehic:es procedures escape the 6% mandatory use tax which directly effects the city by the loss of its share of tax revenue, as well as, the loss of monies for business licenses and property taxes. Recent reports by Department of Motor Vheicles have indicated as high as 83% of the vehicles sold in 1981 and 1982 in the State of California are sold by private parties. I feel that this city would do its share to close the gap by first establishing an ordinance prohibiting on street public car sales unless in designated areas such as 'Deal Direct' or 'U -Sell' consignment lots or on the sellers private property. En- courage private property owners to post their parking lots with 'Patron Parking Only' signs and require authorities to cite violators. 'U -Sell' or 'Deal Direct' lots are monitored by the Department of Motor Vehicles. The used car dealers of Lodi diligently work to create a positive image for their profession which for years had negative overtones. They pay their share of taxes, they abide by zoning regulations, Department of Motor Vehicle regulations, pollution control regulations, State Board of Equalization: regulations, as well as, Statc and Federal Consumer Affairs regulations. Individuals allowed to use public streets and shopping center parking lots are void of these regulations and some are in direct competition with the professional dealers of this city. Very truly yours, 09-1�1/ -/� Clint Kelly President, Greatelanoaquin IADAC CK:kg cc: David Henchman, Councilman John Snider, Councilman Evelyn Olsen, Councilwoman Jim Pinkerton, Councilman Chief Williams, Lodi P.D. Joanne Skoog, Lodi Sentinel Ray Glover, President IADAC .June 16, 1986 RECEIVED City of Lodi DATE: ifs/$G City Counr i i ,]embers ALICE M REIMCHE Re: Ordinance propesai prohibiting; on street parking; of p it;Yt#,�RK uwtwu astomohiles for sale purposes on public propert 11 0DI The undersigned automobile dealers of the City of Lodi are in support of the establishment and enforcement of an ordinance prohibiting on street - parking of privately owned automobiles for sale purposes on public property. We feel that allowing on street parking; of cars for sale by private individuals encourages profiteering by people who engage in selling cars for a monetary gain on a continuing basis. If a private party wishes to sell his/her vehicle, it should be done on their premisses, not on public streets. We, the car dealers of Lodi, follow regulations from the Division of Motor Vehicles, zoning, pollution control, State Board of Equalization, and Con- sumer onsumer Affairs, in addition to paying our fair share of taxes. Purchasing automobiles for the "intent of resale" is against the law unless you are a licensed car dealer. We urge you not to provide a place that encourages profiteers to break the law! BUSINESS OkNER OR MANAGER 2. 4. i A 6. 7.'�iPRtt �S ✓l..TnA LF 9. 10. 6��Q 11 DEM CITY CITY Ir 7Q^ PUS I \FSS OWNITR IIA`iAG! P 16. l _ 18 49ER AUTO SA+ ES - l C1 r0 pj, 1 y Lodi, Calitornia 9524() z 4�v 22. 23. 24.E 25. 26. 27. 28. 29. 31. 32. 33. 34. 3S. SEC. 10-017.4. PARKING FOR CERTAIN PURPOSES PROHIBITED: 1. No person shall park or cause to be parked, a vehicle upon any roadway for the purpose of: a. Repairing such vehicle except repairs necessitated by an emergency. b. Advertising, or calling the attention of the general public to any business or to commodities being sold, { rented, raffled or given away by other than a charitable or non-profit organization. *2. No person shall park or cause to be parked, upon any roadway or private property, except duly authorized "Used Car Lots", any vehicle displaying any sign, picture, transparency, advertisement or mechanical device for the purpose of advertising or which advertises or bring notice to any person the fact that the vehicle is to be sold, except on the private property of the owner of said vehicle and the public streets immediately adjacent thereto so long as said advertising sign is not more than 10" x 12" and includes the name, address and telephone number of the seller. (Sec. 10-017.4 Amended by Ordinance 2969-C.S.--Effective Sept. 29, j 1977) SEC. 10-018.9. PARK?NG PROHIBITED ON PARKWAY: No person shall stop, stand or park a vehicle in or upon any portion of a parkway.