HomeMy WebLinkAbout4/7/2004 - STAFF REPORTS (32) SOUL OF THE CITY
by Michael Stern
My name is Michael Stern and I live here in Palm Springs. I want to talk about the Soul of our City.
I came to Palm Springs from an unfortunate place. I watched the towers of the World Trade Center
crumble. I didn't watch it on CNN. I saw the real deal through our apartment windows, just five blocks
from our home and it rocked our building like a severe earthquake. I came to Palm Springs and it
nourished my soul. It is my personal legacy to honor that debt.
We all love Palm Springs. Developer John Wessman loves Palm Springs, Desert Chapel loves Palm
Springs, the Agua Caliente Indians love Palm Springs. The gays, the retirees, the golfers, Latinos,
blacks, your mother-in-law — we all love Palm Springs. Have I left anyone out? Well, they probably
love Palm Springs too! We wouldn't be here if we didn't. And you want me tell you why we love it
so? It's because Palm Springs Got Soul! It's why we live here. Those exact words were stated so
eloquently by a stranger I met at the Village Pub.. Despite the flaw in grammar, she hit the nail on the
head. That's it: PALM SPRINGS GOT SOUL!
And that's a rare and precious commodity these days. You drive around California, heck, across
America, and it's all turning into the same thing. You practically can't tell one town from the next. But
that's not true here. When you come to Palm Springs, you know you're in Palm Springs, at least for
now you still do.
And we need to honor that. We need to protect that. That, Council Members, Mayor Oden, David
Ready, Doug Evans and everyone else, that is your legacy to this City and your obligation to this City.
To protect that soul.
I understand that everyone needs a paycheck. Palm Springs needs a paycheck because it has some
serious bills to pay. But we can't pay those bills at the expense of Palm Springs' soul. That's too
expensive a price, to just pay bills. Look down valley and you'll see bland, California Anytowns. Go to
La Quinta and you'll basically see one big tract house. We don't want that here and we don't need to do
that for Palm Springs to survive. We can't afford to do that because, I'll tell you, if we lose our soul
here, it is gone forever, and that is simply too high a price to pay.
We need to honor the legacy of the brilliant modern architects who have put Palm Springs back on the
travel map. We shouldn't be tearing that legacy down, but we should be building upon it so that the next
Patin Springs, and the next Palm Springs, and the Palm Springs after that, will know this part of the Soul
of our City.
Don't think that I'm anti-development, because I'm not. I understand that if you're not moving forward,
you're moving backwards, and I do believe in progress. But I believe in progress and development that
understands the soul of our city.
We need to protect the views of our glorious mountains so that we can all view them from our homes.
Palm Springs is one place where you don't have to be rich to have breathtaking views. We need to
protect those views so that succeeding generations will not be looking at a blank brick wall, or worse,
the side of some ten-story tower! We have an obligation to honor this place that is so special and dear to
us all, and we need to keen it unique.
Pahn Springs is a place where people come to relax and meditate. We shouldn't change that with
Weapons of Mass Construction that destroy the tranquility and the primary reason that people come here
in the first place. We don't need to turn into Phoenix or Las Vegas. Those are both very accessible
travel destinations. We'll never be the size of Phoenix (or hopefully, will never have the traffic
nightmare that is Phoenix), and we could never afford to compete with the phenomenally expensive
fantasy that has been created in Las Vegas. If people crave an urban experience, Los Angeles is two
hours away, San Diego two-and-a-half. We need to balance the need for development, and the
increasing popularity of our City, with a plan that preserves the positive attributes that make
Palm Springs Palm Springs. We don't need to build everything today, because the demand will likely
continue long into the fixture...
This is a very exciting time to be a part of the Palm Springs community. We're clearly poised for
change, and that has the potential to be a positive change for generations to come. Members of the
council, and Mayor Oden, I cannot implore you enough, in every decision that yqu make, to honor the
gifts that have been bestowed upon us all.
Remember, if Palm Springs loses it's soul, it's gone forever, and I do mean forever.
Let's not make that your legacy.
Thank you and good night.
C . V. T. 0 , A P.O. Box 5451 • Palm Springs, CA 92263
(760) 409-1 787 • Fax (760) 323-4267
COACHELLA VALLEY TAXI OWNERSASSOCIA TION
•To prolecl and promote the Iasi mdustiy,in the Coachella Valley • Founded November 5,2002
A Non-Profit Beneficial Association 956 2320958
COACHELLA VALLEY TAXI DRIVERS ASSOCIATION
RECOMMENDATIONS
FOR CHANGING ADVERTISING
ON TAXI ORDINANCES
FOR THE
CITY OF PALM SPRINGS
PREPARED BY
SERGIO M. SANTO
PRESIDENT, C.V.T.O.A.
COPIES; CITY COUNCIL - PALM SPRINGS
DOUG EVANS
CITY ATTORNEY
CITY MANAGER
CITY CLERK c'
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COACHhLLA VALLlsV TAXI 0i4'IWEIdS ASSOCIATIOAT
" To protect andpromote the taxi industry in the Coachella Vaf[cy > 1FoundedNavem6V 5,2002
December 31, 2003
To Whom It May Concern:
The intent of this letter is to inform the Palm Springs City Council of the willingness of the entire
taxi industry to abide by any and/or all City ordinances pertaining to advertising on taxicabs.
The below listed companies are not active members of the C.V.T.O.A. but have agreed to conform to
all regulations imposed upon the C.V.T.O.A.
1. ACE TAXI
2. YELLOW CAB
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SignaNre
Respectfully,
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Sergio M. Santo
President
C.V.T.O.A.
P.O.BOX 5451 PALM SPRINGS,CA 92263
Phone:(760)409-1787•Fa (760)3234267
C . V. T. 0 , A P.O. Box 5451 • Palm Springs, CA 92263
(760) 409-1 787 • Fax (760) 323-4267
COACHELLA VALLEY TAXI 0 WNERSASSO CIA TION
• To protect and promote the taxi industry in the Coachella Valle), • Founded November 5,2002
A Non-Profit Beneficial Association 956 2320958
March 2, 2004
ADVERTISING SIGN-UP SHEET
As a Taxi Company Owner or Independent Operator it is my intention to
advertise through the CVTOA. I do not recognize any outside marketing
company outside of the Taxi Industry. I will be allowing the CVTOA to secure
my advertising or I will do it myself.
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A. Advertising on taxis shall be allowed using ad carriers placed on the roof top areas
of taxi cabs so as to conform to the ordinances of the Taxi Regulator.
1). If an ad carrier replaces the top light of a taxi cab the ad carrier shall have two
(2) amber cheater lights that illuminate when the taxi meter is turned on.
2). The name of the taxi company shall be printed in letters at least 2" in size on both
ends of the ad carrier.
3). The ad carriers shall illuminate when the headlights are turned on.
4). If a bandit light is installed on the ad carrier it shall illuminate red in color so as
not to confuse it as a meter light.
5). The ad carrier shall not exceed 54" in length, 17" in width and 15" in height
extending from the roof of the taxi.
6). The ad carriers' base mount shall be attached by bolts or rivets securing the ad
carrier,preventing the ad carrier from becoming dislodged.
7). Ad carriers may use either a fluorescent light or candescent light bulb.
8). The ad poster shall be a digital output graphic on translucent vinyl.
9). The cover of the ad carrier shall be made of the industry standard plastic as used
in taxi top lights.
B. Rear window advertising shall be allowed.
1). All rear window advertising shall be a digital output graphic printed on high
performance perforated vinyl
2). Rear window advertising will not interfere with the vision of the driver operating
the vehicle.
C. All advertising shall be in accordance with community standards.
1). No advertising considered obscene or offensive to the community will be
allowed.
D. A standard uniform contract will be used by the taxi industry. This contract will be
used when selling advertising to the public.
1). Each contract will be numbered in sequence with one copy being available to the
City.
2). This contract shall have a space provided to include a City Franchise Fee (if any)
to be paid to the City for regulation.
3). All contracts shall be signed by an official of the CM.T.O.A. to insure the
contract is in accordance with all City ordinances and that the City Franchise Fee
(if any)is paid in a timely manner to the City.
CM.T.O.A. Page 2
DRAFT
Agreement#
CAB ADVERTISING AGREEMENT
This cab advertising agreement is entered into on 120 ,between
(hereinafter"Advertiser") and
(hereinafter"Taxi Owner")and Coachella Valley
Taxi Owners Association (hereinafter "CVTOA") for the purpose of setting forth the rights and
obligations of the parties to said agreement as relates to advertising by Advertiser on Taxi Owners'
cabs.
WHEREAS, Taxi Owner is the owner of the vehicles described herein; and
WHEREAS, Taxi Owner desires to make said cabs available to Advertiser for roof
advertising and back window advertising; and
WHEREAS, Advertiser desires to display advertising on Taxi Owners' cabs; and
WHEREAS, Advertiser and Taxi Owner desire CVTOA to perform certain administrative
functions in connection with this agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Advertising
Taxi Owner agrees, for the fee stated herein below, and for the period of time stated herein
below, to permit Advertiser to display roof advertising and back window advertising on the
following cabs:
The roof advertising will consist of digital output graphics on translucent vinyl displayed on
a roof advertiser. The rear window advertising shall consist of digital output graphics printed on
high performance perforated vinyl and affixed to the rear window.
The content and subject of all such advertising shall be subject to the approval of CVTOA.
2. Term
This agreement shall be for a period of months unless terminated earlier
pursuant to the provisions stated herein orunless extendedby written agreement of all parties hereto.
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of five pages
3. Advertisinz Fees
Advertiser shall pay the sum of$ per month,per cab included in this agreement,
as a monthly advertising fee. [Said amount shall be paid to the CVTOA on or b efore the twentieth
(20`h) day of the month preceding the month for which the advertising fee is due. CVTOA shall pay
said monthly advertising fee to Taxi Owner pursuant to the terms of this agreement].
In addition,Advertiser shall pay to CVTOA as an administrative fee,for each month of this
agreement,ten percent(10%)of the monthly advertising fee asset forth herein above. [Said amount
shall be paid to the CVTOA on or before the twentieth(20') day of the month preceding the month
for which the advertising fee is due. CVTOA shall pay said monthly advertising fee to Taxi Owner
pursuant to the terms of this agreement].
Additionally, Advertiser shall pay to the City of Palm Springs a City Regulatory fee in the
amount of$ [per month?] for each month of this agreement. [I am not sure about
this provision]
The first and last months monthly advertising fee, City Regulatory fee and administrative fee
shall be paid by Advertiser upon signing of this agreement.
4. Substitution of Cabs
CVTOA retains the sole right to substitute other cabs for those listed in this agreement. In
the event another cab is substituted for the cab listed in this agreement, Taxi Owner shall pay all
expenses of transferring the advertising from the listed cab to the substitute cab.
5. Cost ofAdvertisin,;Artwork
The initial cost of preparing all advertising artwork and the initial cost of installation of such
advertising artwork on the cabs listed herein shall be paid by Advertiser unless otherwise stated
herein. If Advertiser desires any change in the advertising artwork for the purpose of benefitting
Advertiser during the term of this agreement, then Advertiser shall pay all costs of such changes.
After the initial installation of the artwork, in the event of damage to said artwork, Taxi
Owner shall pay the cost of any repair of said artwork or installation of said artwork due to damage
to the artwork, the roof advertiser, or the cab, regardless of fault.
6. Cancellation
Taxi Owner shall have the option of canceling this agreement or withdrawing from this
agreement with thirty (30) days notice,but only if CVTOA has other cabs to substitute for the cab
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or cabs listed in the agreement. In the event of said substitution,the canceling oa withdrawing Taxi
Owner shall pay the cost of transferring the artwork from the substituted cab to the new cab or the
cost of preparing and installing the artwork on the new cab.
7. Bi-Monthly Advertisin;Performance Information Notice
CVTOA agrees to provide a Bi-Monthly Advertising Performance Information Notice to
Advertiser which shall provide the following information regarding each cab covered in this
agreement:
(1) The name of the taxi company under which the cab is being operated;
(2) The car number of the cab displaying the advertising;
(3) The number of hours the cab has been on the road since the last notice;
(4) The condition of the advertising artwork;
(5) The name of the cab owner.
8. Restriction on Advertising Outside of CVTOA
Advertiser agrees that any advertising by Advertiser on outside of cabs in the Coachella
Valley will be done only through CVTOA. Taxi Owner agrees that any advertising on outside of
any of Taxi Owners' cabs shall be done only through CVTOA.
9. De ault
In the event of default by Advertiser in the payment of any amounts due hereunder, Taxi
Owner may remove all advertising and shall be released from any and all obligations herein and
shall be free to secure through CVTOA advertising from another advertiser for the cab or cabs listed
herein.
In the event of default or failure of the Taxi Owner to perform any of its obligations
hereunder, CVTOA shall withhold such amounts paid by Advertiser as are necessary to reimburse
Advertiser for the lack of advertising or to repair any such damaged advertising to the extent the
advertising does not meet the standards of CVTOA.
10. No Liability on CVTOA
CVTOA shall have no obligation nor any liability to Advertiser or Taxi Owner in the event
of the failure of Advertiser or Taxi Owner to perform any of its obligations hereunder.
11. Indemnity
Taxi Owner and Advertiser shall indemnify,protect, defend and hold CVTOA, its agents,
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e
employees and members harmless from and against any and all damages, liabilities, judgments,
costs, claims, liens, expenses, penalties, loss of permits and attorneys fees arising out of the
advertising which is the subject of this agreement,regardless of the negligence of any parry hereto.
12. Attorneys Fees
If any party brings an action or proceeding to enforce the terms hereof or to declare rights
hereunder,the prevailing party as defined by law,in any such proceeding, action or appeal hereon
shall be entitled to reasonable attorneys fees. Such fees may be awarded in the same suit or
recovered in a separate suit, whether or not such action or proceeding is pursued to decision or
judgment.
13. Arbitration
Any dispute arising out of this agreement shall be resolved by way of arbitration pursuant
to California Rules of Court before a neutral arbitrator agreed upon by the parties or appointed by
a court of competent jurisdiction.
14. EntireA;reement
This document sets forth the entire agreement between the parties with regard to the subject
matter hereof. No other agreements, representations or warranties have been made by either party
to the other with respect to the subject matter herein.
15. Amendment
This agreement may be amended only by a written agreement signed by both parties.
16. Interpretation
Each party acknowledges that the other and its counsel, after negotiation and consultation
have reviewed this agreement. As such,the terms of this agreement shall be fairly construed and the
usual rule of construction, to the effect that any ambiguities herein should be resolved against the
drafting party, shall not be employed in the interpretation of this agreement or any amendments or
modifications thereto.
17. Severability
If any of the provisions of this agreement are found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, they shall be considered severable from the remainder
of this agreement and shall not cause the invalidity or unenforceability of the remainder of the
agreement.
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of five pages
18. Governing Law
Governing law of this agreement shall be construed according to, and rights of the parties
shall be governed by, the law of the State of California.
19. Time of Essence
Time is expressly declared to be of the essence in this agreement.
20. Copies
A copy of this agreement shall have all the force and effect of an original.
IN WITNESS WHEREOF,Advertiser,Taxi Owner and CVTOAhave causedthis agreement
to be executed as of the day and year first above written.
"ADVERTISER"
By:
Name:
Title:
"TAXI OWNER"
By:
Name:
Title:
"CVTOA"
By:
Name:
Title:
Advertiser
Taxi Owner DR AH
CVTOA
City of Palm Springs
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