COUNCILMEMBER ABBE LANDf, 11. [ (Kiran Hashmi, Council Deputy) W~-. MAYOR PRO TEMPORE JOHN H (Fran Solomon, Council Deputy)

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1 CITY COUNCIL CONSENT CALENDAR FEBRUARY 17, 2015 SUBJECT: INITIATED BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD IN SUPPORT OF LEGISLATIVE OR ADMINISTRATIVE ACTION THAT OPPOSES "FAST TRACK" OF THE TRANS-PACIFIC PARTNERSHIP (TPP) AND SUPPORTS TRANSPARENT, PUBLIC DEBATE DURING TPP NEGOTIATIONS COUNCILMEMBER ABBE LANDf, 11 [ (Kiran Hashmi, Council Deputy) W~-. MAYOR PRO TEMPORE JOHN H (Fran Solomon, Council Deputy) MA (Janice Guzon, Council Intern) STATEMENT ON THE SUBJECT: The City Council will consider adopting a resolution in support of legislative or administrative action that opposes "fast track" of the Trans-Pacific Partnership (TPP) and supports transparent, public debate during TPP negotiations. RECOMMENDATIONS: 1) Adopt Resolution No. 15- ~'9.~. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD IN SUPPORT OF LEGISLATIVE OR ADMINISTRATIVE ACTION THAT OPPOSES "FAST TRACK" OF THE TRANS-PACIFIC PARTNERSHIP (TPP) AND SUPPORTS TRANSPARENT, PUBLIC DEBATE DURING TPP NEGOTIATIONS." 2) Send Copies of the signed resolutions to the U.S. Secretary of State John Kerry, U.S. Senator Barbara Boxer, U.S. Senator Dianne Feinstein, Representative Adam Schiff, United Nations Secretary General Ban Ki-Moon, International Gay and Lesbian Human Rights Commission, Amnesty International, and Human Rights Watch. BACKGROUND/ANALYSIS: The Trans-Pacific Partnership (TPP) is a trade agreement with twelve countries throughout the Asia-Pacific region-australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and AGENDA ITEM 2. N

2 Vietnam-intended to increase and enhance trade opportunities among the TPP partner countries. The trade agreement covers issues like e-commerce, dispute settlement, environmental regulation, among others. While the terms of the agreement were introduced in 2005, opposition from a variety of groups, including global health professionals, environmentalists, advocacy groups, elected officials and economists, have prevented the conclusion of the TPP negotiations. Corporate abuses against the public The groups which have opposed the trade agreement have brought up several concerns with the TPP. One of the primary controversies over the trade agreement is the degree of secrecy that has surrounded the negotiations. Most of text of the trade agreement has not been made available to the public or even to local elected officials. However, the sections of the agreement that have been leaked to the public have raised alarm regarding issues of public health, environment, and the protection of local jobs. Because the terms of the TPP give foreign investors the right to challenge the U.S. government through the "investor-state" system over any regulation or law that would interfere with their ability to generate profit, the TPP gives foreign investors the right to sue over important protective legislations that they deem to be diminishing their ability to make profits. While these crucial environmental, national health and consumer safety regulations help protect the public from corporate abuse, if the foreign investors win the case, it is the public of the losing government-the country's taxpayers-that must pay the compensation costs. These costs often burden taxpayers with millions of dollars in settlement or remuneration fees. In the face of these problems, two dozen environmental organizations, including the Sierra Club, Food & Water Watch, the Natural Resources Defense Council, Environment America, Oceana, Physicians for Social Responsibility, Earth Justice and the League of Conservation Voters, have already officially expressed concerns that the TPP must contain a strong, binding, enforceable environment chapter to encourage marine conservation, protect fisheries, prevent illegal logging and associated trade, and protect biodiversity by preventing wildlife trafficking. Still, many of the countries included as part of the TPP are opposing the imposition of such regulations. Furthermore, the TPP incentivizes foreign investors to offshore their corporations at the expense of American workers who currently hold those jobs in the manufacturing and service industries. By providing benefits to foreign investors to relocate their firms abroad, the TPP could lead to a significant displacement of American jobs, potentially resulting in dire economic consequences for the United States.

3 Human rights violations Despite the major negative impacts the Trans-Pacific Partnership could have on the American people, the environment and local businesses, the Obama Administration has pushed to have Congress approve the TPP under "fast track" procedural rules, which would prevent Congress from amending the trade agreement and would require an up-or-down vote in 60 days. "Fast track" of the Trans-Pacific Partnership presents a serious barrier to addressing the concerns regarding human rights violations that have been brought in debates about the TPP. One such concern about the potential for human rights violations comes with the TPP condition that permits pharmaceutical firms the ability to increase medicine prices and limit access to cheaper generic drugs. These terms pose a serious threat to developing countries, where U.S. regulations have otherwise controlled rising prices and monopolistic practices to the benefit of underserved populations in these countries who desperately need affordable medication. However, the TPP would limit the U.S. government's ability to regulate prices and mandate cost reductions for healthcare. Moreover, regulations on pricing of domestic medications could also be subject to challenge in international tribunals, expanding the power of pharmaceuticals to charge higher prices for health programs and medications. All of this would be to the detriment of healthcare access for seniors, military officers and the poor in the United States. Opponents of the current TPP conditions also raise concerns with the inclusion of Brunei in the trade partnership. The Sultan of Brunei, Hassanal Bolkiah, recently introduced a new penal code that imposes extreme punishments upon gay men and lesbian women as well as women who have had abortions. These punishments include the stoning to death of gays and lesbians, and the public flogging of women who have had had abortions. Under the terms of the TPP, the U.S. federal and state governments would not be allowed to treat firms from Brunei or any other country that have a record of human rights and labor violations any differently. This prevents U.S. municipalities and states from taking action to pressure Brunei to halt its human rights abuses. With "fast track" procedures, U.S. elected officials would be unable to study the terms of the Trans-Pacific Partnership to better determine whether the conditions of the trade agreement would serve the interests of the American people. "Fast track" would also prevent United States officials from demanding a revision of the terms of the partnership and taking actions to ensure the protection and betterment of society at the domestic and international level. This has especially grave implications in light of the fact that the Trans-Pacific Partnership attempts to supersede federal, state and local law for the benefit of private corporations and foreign investors.

4 For the past 30 years, the City of West Hollywood has been at the forefront of the struggle to guarantee universal human rights and has been consistently committed to advocating for fair and humane policies. The City has previously declared support for initiatives to reform Prop 13 to ensure that homeowners of the State of California and new business owners do not bear a disproportionate amount of the state's property tax burden while large corporations neglect to pay their fair share. The City also has a history of condemning international antihomosexuality laws. The City Council has adopted a number of resolutions in response to anti-homosexuality laws and actions in Uganda ( , , ), Nigeria ( ), and Russia ( , , ). The City also works to guarantee adherence to environmental regulations and has previously developed programs to prevent water waste and run-off. As such, support for legislative or administrative action that opposes "fast track" of the Trans-Pacific Partnership and supports transparent, public debate during TPP negotiations is consistent with City policy. EVALUATION: Staff and the City Lobbyist will track and report back to the City Council on any developments related to this issue. ENVIRONMENTAL SUSTAINABILITY AND HEAL TH: NIA. CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item conforms to the following Core Values: Respect and Support of People and the Ongoing Strategic Programs: Actively Participate in Regional Issues. This item is also consistent with the following goals of the West Hollywood General Plan: HS-1: Maintain and Pursue Humane Social Policies and Social Services that Address the Needs of the Community. OFFICE OF PRIMARY RESPONSIBILITY: Office of Councilmember Abbe Land, and Mayor Pro Tempore John Heilman. FISCAL IMPACT: N/A.

5 Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD IN SUPPORT OF LEGISLATIVE OR ADMINISTRATIVE ACTION THAT OPPOSES "FAST TRACKING" OF THE TRANS PACIFIC PARTNERSHIP (TPP) AND SUPPORTS TRANSPARENT, PUBLIC DEBATE DURING TPP NEGOTIATIONS. WHEREAS, the Trans-Pacific Partnership (TPP) is a trade agreement that aims to increase and enhance trade opportunities amongst the U.S. and other partnering countries; and WHEREAS, the TPP is being negotiated between the United States and twelve Asian-Pacific countries; and WHEREAS, the TPP text has not been made available to the public or even to local elected officials; and WHEREAS, reports on the substance of the TPP indicate it would have direct, potentially undesirable consequences for people living in the United States with regards to issues like job protection, healthcare, and the environment; and WHEREAS, the TPP would allow foreign corporations to sue the U.S. government over nearly any law or regulation that would reduce their future profits, potentially robbing the United States of needed protections for people, local businesses and the environment; and WHEREAS, two dozen environmental organizations have already officially expressed concerns that the TPP must contain a strong, binding, enforceable environment chapter to encourage marine conservation, protect fisheries, prevent illegal logging and associated trade, and protect biodiversity by preventing wildlife trafficking, and yet many TPP countries are opposing such rules; and WHEREAS, the TPP would promote the offshoring of domestic firms, leading to diminished job opportunities for people in the United States; and WHEREAS, the Obama Administration expects Congress to approve the Trans-Pacific Partnership under "Fast Track" procedural rules, which forbid Congress from amending it and which requires an up-or-down vote in 60 days; and

6 WHEREAS, the TPP would provide large pharmaceutical firms with new rights and powers to increase medicine prices and limit access to cheaper generic drugs, which would have a negative financial impact on United States residents as well as people living in developing countries; and WHEREAS, the TPP includes Brunei, a country which recently adopted an extreme penal code that provides for the stoning of LGBT people to death; and WHEREAS, the TPP would forbid U.S. federal and state governments from treating foreign firms from countries in the pact differently because of human rights or labor records in the countries in which they are based, stopping U.S municipalities and states from taking action to pressure Brunei to stop its abuses; and WHEREAS, "Fast track" procedures make it impossible for our elected representatives to adequately study and assess the Trans-Pacific Partnership Treaty presented to them in order to determine if this proposed Agreement is in the best interests of the American people; and WHEREAS, this review is especially important since the Trans-Pacific Partnership attempts to supersede current federal, state and local law and prohibit our representatives from taking certain actions to better our society and economy in the future: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Hollywood hereby supports legislative or administrative action to oppose "fast track" and instead, to allow trade agreements like TPP a fully transparent, public debate in Congress until impacts are fully assessed by all stakeholders, in order to protect the rights of U.S. residents, the best interests of domestic businesses and workforce, global human rights and the health of our environment.