City gives gift to car buyers
by Eric Firpo/ TP staff
May 06, 2009 | 2439 views | 31 31 comments | 10 10 recommendations | email to a friend | print
Stan Morri Ford’s Ashley Spradley looks under the hood of a brand new Ford Focus at the Naglee Road lot. The city will offer a $500 gift card to anyone who buys a new car from a Tracy auto dealer.     Glenn Moore/Tracy Press
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Tracy will dip into its savings in a big way to help beleaguered auto dealers and give a spark to other corners of the local economy by giving anyone who buys a new vehicle in town a $500 gift card — starting today.

The City Council voted to spend $608,000 on 800 gift cards and advertising, to hire a consultant to make the city’s name more enticing to consumers, to make new signs and to get a head start on Tracy’s centennial celebration in 2010.

For the first couple of weeks, gift cards will be mailed to car buyers here because the city doesn’t yet have them in its possession, said Ursula Luna-Reynosa, head of the Economic Development Department. Once the gift cards come in, car buyers here can get a gift card the same day from the Finance Department at City Hall, 333 Civic Center Drive.

Auto dealers, whose sales are off by 50 percent, seem to view the gift cards as a godsend, but it won’t come in time to save the Pontiac, GMC and Cadillac dealership, which will close at the end of the month unless General Motors can find a buyer.

The dealership in April told the city it will close June 21, but Pontiac sales manager David Rodriguez said Tuesday the auto business will cease at the end of May. Business was down more than 50 percent from a year ago, and Pontiac owner Martyn Strong just couldn’t make it, Rodriguez said. The city estimates 28 jobs will be lost.

That dealership would be the second in Tracy to shutter its doors in the past year. Volkswagen went out of business last winter, and if Pontiac comes to an end, Tracy will be left with eight auto dealers in town.

Those who remain in business are thrilled about the gift cards, which many believe will draw customers from miles away.

“Even your well-off businessman can say, I can do something with $500,” said Tracy Toyota General Manager W. David Cauthen Jr. “It’s a pretty progressive move on the city’s part.”

Car dealers are hugely important to the city’s sales tax base, the biggest reason the council got around a law that otherwise bars the gift of public money to private businesses.

The council in one of three resolutions passed declared spending the money that came from developer fees a "public benefit" that overrode the law that bans giving away public money.

"...It is necessary to educate the residents of the importance of shopping locally and how sales tax generated from local sales is of benefit to Tracy residents."

At one time, car sales churned more than 20 percent of all Tracy’s sales tax revenue, a figure that dipped to about 15 percent at the end of last year, when people stopped buying cars. Sales taxes typically make up 30 percent of the city’s $45 million general fund, which is used to pay police officers, firefighters and nearly all other city workers.

The city estimates the $400,000 expenditure on the gift card perk could generate $296,000 in car and other sales taxes. The city had hoped to craft gift cards that can only be spent in town — in fact, they can be used anywhere.

Tracy’s Nappic Communications Inc. will be paid no more than $200,000 to manage the town’s marketing campaign and to design a city flag and banners that will be used to enlarge Tracy’s public profile.

Nappic will also launch a Web site and guide a television advertising campaign that will begin sometime next week, he said.

The council saw the move as an investment in the city’s future.

“This is a classic example of spending money to make money,” said Councilman Mike Maciel.
comments (31)
« FrancisHineman wrote on Sunday, May 10 at 12:15 AM »
Aren't these the same gift cards are like one time credit cards?

Companies have been known to hand them out for Bonuses.

You really can't put a limit on where people shop with their credit card.

However, it would be an incentive to buy in Tracy . And that's a good place to start.
« FrancisHineman wrote on Sunday, May 10 at 12:08 AM »
Deblaw,

The ACE Train has a quiet car - no screaming babies.
« fortheunderdog wrote on Friday, May 08 at 09:45 AM »
The only ones benefiting from city councils decision to offer public funds is going to be the dealerships. And our tax dollars just may be handed out to non-Tracy residents to be spent outside of Tracy.
« fortheunderdog wrote on Friday, May 08 at 09:41 AM »
monsterdad3k,

Thanks for the info.

You may be correct in thinking city council chose to use "public purpose" to circumvent the definition of this Article but it looks, to me, that their definition is slim to none. It's all left up to how you interpret this law.

In essence, the city is doing a "public purpose" for the car dealerships. Then in turn, when the dealership sells a new car, they're offering the $500 gift card from the city to the potential buyer. This offer may help dealerships to sell cars but I do not see where giving public funds to new car buyers falls into the category of "public purpose". Just who is it you're trying to help out....car dealerships or the new car buyer? If the new car buyer lives "out-of-town" how is that helping in any way? Another thing, the gift card can be spent anywhere.

« monsterdad3k wrote on Thursday, May 07 at 10:14 PM »
Does anyone know where to find the section of the law that bars the gift of public money to private businesses?

Apparently the Council has declared the sales tax revenue a "public benefit" so that is okay according to the law. Read below. Personally I think it's a waste of public funds which could have been better spent. People will be here this weekend in droves I'm betting from all over the place.

Found this on Google:

The California Constitution (Article XVI § 6) prohibits any public agency from making “any gift of any public money or thing of value to any individual, municipal or other corporation whatever.” The determining factor in whether there has been an illegal gift of public funds is whether the expenditure was for a “public purpose.” Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, 10003. If the expenditure is for a public purpose within the jurisdiction of the appropriating board or body, it is not regarded as a gift even though there may be incidental benefits to private persons. Id; Atlantic Richfield Company v. County of Los Angeles (1982) 129 Cal. App. 3d 287, 297. In Schettler, the court stated that “[i]t is .. settled that if a public purpose is served by the expenditure of public funds, the constitutional prohibition is not violated even though there may be incidental benefits to private persons [citations].” Schettler, 74 Cal.App.3d 1004. The Schettler court further held that “[e]ven more importantly, under an unbroken line of cases the determination of what constitutes a public purpose is primarily a matter for the [governing body], and its discretion will not be disturbed by the courts so long as that determination has a reasonable basis.” Id. In Atlantic, the court specifically held that a refund of taxes to the taxpayers was not an illegal gift of public funds because the purpose of the refund was to relieve taxpayer hardship and relief of hardship to a taxpayer is a valid public purpose. Atlantic, supra 129 Cal. App. 3d 287.
« Odin wrote on Thursday, May 07 at 12:16 PM »
Ok..so does this mean if I could make a deal with the dealer to put an addtional $500 down in the next few days. I could finish the deal, get my card from the City, then give it to the dealership? HMM.. gets me thinking....

Maybe, I could get some other perks from others acencies.. maybe welfare... how about some Big Brother money..

I wonder if I could get about half the car paid for with handouts?
« maybenotdumBcommenT wrote on Thursday, May 07 at 01:07 AM »
Mayor Ives said on the news that the 500bucks to be spent in Tracy. I could be wrong but I am pretty sore that is what he said.
« fortheunderdog wrote on Wednesday, May 06 at 01:43 PM »
Does anyone know where to find the section of the law that bars the gift of public money to private businesses?
« deblaw wrote on Wednesday, May 06 at 01:19 PM »
ConcernedNeighbor .. No screaming babies in my life unless I ask them to be there...

And yes, I took a trip last year across country, driving, not flying...I don't do headsets. I like my stereo in my own car, my own seat, my own music and my own coffee... Taking the Ace train at 5:30 got me to the office by 7:45... I drive at 5:30 and am usually at the office by 6:30-6:45.. Non stop!
« cdoming wrote on Wednesday, May 06 at 12:53 PM »
And why did they let it slide by with being able to spend it outside of Tracy? Where's the Chamber when you need them?
« cdoming wrote on Wednesday, May 06 at 12:52 PM »
I want the reporter to dig deeper. I want to know HOW Tracy got around the law to not give away public money to private businesses. Please TP send Jennifer your wonderful investigative reporter or send Eric back to find out how Tracy broke the law or didn't break the law.
« ConcernedNeighbor wrote on Wednesday, May 06 at 11:20 AM »
Kudos to you ConcernedParent.

Why was I thinking of "Raid" when you mentioned Triangular flag?

Self analysing now.. LOL
« ConcernedParents wrote on Wednesday, May 06 at 11:15 AM »
A triangular flag will do the trick... perhaps with the slogan:

"Businesses, please come and stay inside the triangle, we have $500.00 gift cards. : )"
« ConcernedParents wrote on Wednesday, May 06 at 11:09 AM »
FTUD-Brazilian wax! : ) Thanks, Amy.

Now far a lesson in math and economics-

"The City Council voted to spend $608,000 on 800 gift cards and advertising"

If you buy a car: 800 gift cards x 500 = $400,000. advertising, "smadvertising" is another $208,000 and like FTUD said, the gift cards can be spent anywhere outside of town.

Why not just give 1,240 families in Tracy, a $500 gift card that can only be spent in Tracy, same total expense- $608,000 which will be kept in town, helping all businesses, employers, employees citizens etc.

Oh and what about a banner contest? Offer local students, artists etc. a modest reward for the best flag/banner and a big write up in the press.

Okay critique away.

« ConcernedNeighbor wrote on Wednesday, May 06 at 11:02 AM »
Now this comment will get people hopping mad, but just had to say it....

The city estimates the $400,000 expenditure on the gift card perk could generate $296,000 in car and other sales taxes... .

Tracy’s Nappic Communications Inc. will be paid no more than $200,000 to manage the town’s marketing campaign and to design a city flag and banners...

Was thinking $696,000 would be enough for a nice new animal shelter with part time vet on board....

There, that being said, hope the money brings success as it was planned for....

when will the new animal shelter be built??? Ever at all???

Sorry for change in topic!!
« ConcernedNeighbor wrote on Wednesday, May 06 at 10:50 AM »
Screaming babies are here to stay, we have sense enough to make modifications, move to another car? I-pods, headseat with music playing, whatever, I listen to audio books.

Planes carry screaming babies, too. Can't modify as much, drive across USA to New York? No, thanks.
« deblaw wrote on Wednesday, May 06 at 10:19 AM »
I commute to SJ. I did try the ACE train a few times... NO THANKS.... Screaming babies, no seats, no coffee...Did is save me any time, NOT!.. I prefer to drive, alone.
« ConcernedNeighbor wrote on Wednesday, May 06 at 10:12 AM »
Perhaps they want to use the $500 as a lure to get more paying customers inside or outside of Tracy to keep the car dealers afloat?
« ConcernedNeighbor wrote on Wednesday, May 06 at 10:10 AM »
Is that right? I am hanging on to my 10year old Jeep. NOT HUMVEE type of Jeep. I take mass transit most of the time here, use the Jeep for country driving.... worked out well for me...

If Mass Transit under Obama's plans happens sooner than anyone anticipated, would demands for cars be as great?

I avoid mass transit during the flu season, it does have advantage and disadvantage. I hope they will have better air ventilation system on the bus as well as on the airplanes, seeing how mass of people could be infected if there were poor ventilations. I do lot of biking and it doe keeps me healthy... and SANE! (I think. LOL)
« deblaw wrote on Wednesday, May 06 at 10:07 AM »
"Those who remain in business are thrilled about the gift cards, which many believe will draw customers from miles away"

They are joking right?


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