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HomeMy WebLinkAbout9/5/2012 - STAFF REPORTS - 00 RESOLUTION NO.2012-42 ESTABLISH AS A POSITION OF THE COACHELLA CITY COUNCIL THAT CORPORATIONS SHOULD NOT HAVE THE CONSTITUTIONAL RIGHTS THAT NATURAL PERSONS POSSESS,THAT MONEY IS NOT SPEECH AND THAT INDEPENDENT CAMPAIGN EXPENDITURES AND CAMPAIGN CONTRIBUTIONS SHOULD BE REGULATED WHEREAS, each year, the City of Coachella updates its Federal Legislative Agenda; and, WHEREAS, the United States Constitution and the Bill of Rights are intended to protect the rights of individual human beings also known as "natural persons"; and, WHEREAS, corporations can and do make important contributions to our society, but the City Council does not consider them natural persons; and, WHEREAS, while state and federal governments may provide certain privileges to corporations, these privileges do not equate to the rights of natural persons protected by the U.S. Constitution; and, WHEREAS, the right to free speech is a fundamental freedom and unalienable right and free and fair elections are essential to democracy and effective self governance; and, WHEREAS,United States Supreme Court Justice Hugo Black in a 1938 opinion stated, "I do not believe the word 'person' in the Fourteenth Amendment includes corporations"; and, WHEREAS,the United States Supreme Court held in Buckley v. Valeo(1976)that the appearance of corruption justified limits on contributions to candidates, but rejected other fundamental interests that the City Council finds compelling such as creating a level playing field and ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard; and, WHEREAS,the United States Supreme Court in Buckley overturned limits on independent campaign expenditures by individuals, associations, and political action committees because it found that the government's interest in preventing corruption or perception of corruption of elections was sufficient only to allow limits on direct contributions to candidates; and, WHEREAS,United States Supreme Court Justice John Paul Stevens observed in Nixon v. Shrink Missouri Government PAC(2000) that "money is property, it is not speech," and, WHEREAS, the United States Supreme Court recognized in Austin v. Michigan Chamber of Commerce (1990)the threat to a republican form of government posed by "the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public's support for the corporation's political ideas" and upheld limits on independent expenditures by corporations; and, a9/0,r/Z0/Z 8023T00021\6952238.1 WHEREAS,the United States Supreme Court in Citizens United v. The Federal Election Commission(2010) overruled the decision in Austin and the portion of McConnell v. Federal Election Commission (2003) that had upheld restrictions on independent corporate expenditures, holding that the First Amendment protects unlimited direct corporate spending to influence elections, candidate selection, and policy decisions and to sway votes; and, WHEREAS,prior to Citizens United decision unlimited independent campaign expenditures could be made by individuals and associations,though such committees operated under federal contribution limits; and, WHEREAS, given that the Citizens United decision "rejected the argument that political speech of corporations or other associations should be treated differently" because the First Amendment"generally prohibits the suppression of political speech based on the speaker's identity," there is a need to consider other reasons in addition to corruption or the perception of corruption regulating independent expenditures for or against a candidate; and, WHEREAS, a February 2010 Washington Post-ABC News poll found that 80 percent of Americans oppose the U.S. Supreme Court Citizens United ruling that allowed use of corporate treasury dollars for independent expenditures; and, WHEREAS, the opinion of the four dissenting justices in Citizens United noted that corporations have special advantages not enjoyed by natural persons, such as limited liability, perpetual life, and favorable treatment of the accumulation and distribution of assets; and, WHEREAS,corporations are legally required to put profits for shareholders ahead of concerns for the greatest good of society while individual shareholders as natural persons balance their narrow self-interest and broader public interest when making political decisions; and, WHEREAS,the California State Legislature has adopted Joint Resolution 22 on this subject; and, WHEREAS, addressing both the Citizens United decision, and corporate personhood is necessary; and, WHEREAS,the City Councils of Missoula, Montana; Boulder, Colorado; and Madison, Wisconsin have referred the issue of corporate personhood to their communities for an advisory vote; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED that it is the position of the Coachella City Council that corporations should not have the constitutional rights that natural persons possess; and, BE IT FURTHER RESOLVED given its impact on free and fair elections and effective self-governance that Coachella City Council determines that the most urgent action needed to address the negative impacts of United States Supreme Court Citizens United(2010) decision is to stop unlimited independent campaign expenditures by corporations; and, BE IT FURTHER RESOLVED that the City of Coachella hereby includes in its 2012 Federal Legislative Agenda support for an Amendment to the United States Constitution,which 80237,0002 1\6952238.1 consistent with this Resolution,reverses the impacts of Citizens United, including,but not limited to the provisions of the current drafts of S. J. Res. 29 introduced by Senator Tom Udall of New Mexico and Senator Jeff Merkley of Oregon and H.J. Res. 72 introduced by Representative Kurt Schrader of Oregon and co-sponsored by Representatives Earl Blumenauer and Peter DeFazio of Oregon;and, respectfully urges California's Congressional delegation to prioritize congressional proposal of an amendment to the United States Constitution addressing the threats to representative government identified in this resolution so that the states may ratify it; and, BE IT FURTHER RESOLVED that Coachella City Council requests that the City Attorney's Office determine the legality and process of referring an advisory vote to the citizens of Coachella on the issue of corporate personhood, and present their findings within 30 days to the Council for further consideration; and, BE IT FURTHER RESOLVED that the City of Coachella calls on other communities and jurisdictions and organizations like the U.S. Conference of Mayors and National League of Cities to join with us in this action by passing similar Resolutions. PASSED,APPROVED AND ADOPTED by the City Council of the City of Coachella, California, this 8t`day of August, 2012,by the following vote: AYES: NOES: ABSENT: ABSTAIN: Eduardo Garcia, Mayor ATTEST: Vianney Gonzalez, City Clerk 8023100021\6952238.1 APPROVED AS TO FORM: Carlos Campos, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF COACHELLA ) I, Vianney Gonzalez, City Clerk of the City of Coachella, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2012-42, adopted by the City Council of the City of Coachella at a regular meeting therefore duly held and convened on the 8 b day of August, 2012. Vianney Gonzalez, City Clerk 80237,00021\6952238.1 Santa Paws 5K A Holiday Run/Walk in support of The Guide Dogs of the Desert • My name is Molly Thorpe and I am here this evening to invite the City of Palm Springs to help sponsor a very worthy event. • I have been involved with organizing 4 very successful running events in this city to date: the 15t and 2nd Run for Ike, 9-11 Salute to Heroes, The Mayor's Healthy Planet Race. • Guide Dogs was a recipient of a small portion raised at the 2nd Annual Run for Ike. • Slated for Saturday morning, December 22nd, a 5K (3.1 mile) run/walk will be held to benefit The Guide Dogs of the Desert. • 100% of the proceeds of this event will be donated to this charity. • Sponsors will support all event expenses. (approximately $13,000.00) • All participants will wear a 5 piece Santa suit. The event is doggie and stroller friendly and should get a lot of media coverage due to the Santa theme. • I am asking the City of Palm Springs to support this event by sponsoring the venue and police security. • Benefits to this city are numerous; including support of a positive event that promotes the City of Palm Springs, supporting a very worthy cause that has its base within the sphere of influence of this city, the event will bring approximately 500 participants who will shop, eat and stay in Palm Springs. • I have attached a DRAFT brochure for this event. THE CITY OF PALM SPRINGS IS MY TOP VENUE CHOICE FOR THIS EVENT—LET'S WORK TOGETHER TO MAKE THIS HAPPENH! Appreciatively, Molly A. Thorpe (760) 413-6508 PUP ON V UR SANTA SUIV AND J40NN US FOR 'I N E I NA`J`s U L SAIa1'il'A PAWS v &HNHFWVVIN& VNE GUIDE DOGS OF YHK DESERVI J..ded 6# rRle J s. .Ma wf w+z ✓turn m and ffw wFi re Wat" .ewm ew ---- -------- --- - WHAT: The Inaugural Santa Paws SK is a dog- Joln the biggest group of running Santos that the Awards presented to first 3 men and loving fun run/walk benefitting the Guide Dogs of desert has ever seen! Santa suit provided with women in each age division.Trophies award to top 3 male and fe- the Desert. Each participant receives a 5-piece registration fee. Festive bandanas provided for male finishers overall. Santa suit that must be worn during the run/walk. • Santa Suit,t-shirt, goodie bag and sou- all 4-legged participants,too. venir photo resented to all registered this includes o jacket,pants,t-shirt,but and beard. P P 9 All participants will run,walk or stroll the SK(3.1 participants! mile) route. Strollers and doggies are welcome! Early Packet Pick-Up: Friday,December 21 st at Running Wild WHEN: Saturday, December 22nd,2012 8 AM 611 S. Palm Canyon lOAM—SPM Start. Race Day Registration begins at 6:30 A.M. WHERE: Follow a fast and flat out and back course Plenty of free parking is availablel starting at the Mizell Senior Center at the corner of Ramon Road and Sunrise way in Palm Springs. Your $30.00 entry fee includes: Event entry, WHO: Everyone is welcome! Runners,walkers, Santa Suit,T-shirt, souvenir photo,goodie bag SUPPORT GUIDE DOGS OF THE DESERT strollers,doggies— and milk and cookies at the finishl come one all far a great ,e10G ap A Y +V morning filled with holiday cheer and lots of Ho! Hal �gtNT MOUO 4�IFckt' 'tia4 Ho'sl Registration is limited to the first 500 partici- a !• o WHY: Get into the Christmas Spirit and help sup- port the Guide Dogs of the Desert a 501c3 charity pants! Early registration (by December 19th) that provides guide dogs at no cost for the blind and $30.00 late registration (if available) at packet v sight impaired. pick-up and race morning beginning at 6:30 2?€ z• t•�� O � Hurry and enter soon! Registration limited! A.M. $35.00. ATr FOR INFORMATION, CALL MOLLY THORPE: 760-413-6508 OR LOG ON TO ACTIVE.COM Participant Entry Form 4 THANK YOU TO OUR SPONSORS Last , Name First Name Address City State Zip Phone Email Gender _Male _Female Aye Ise Santa Suit Size(Adult) _S _M _L _XL .' i"�• ,s T-shirt size _Child Large _Adult Small 4?, _Mod. _Large _X-Large XX-large Af Category(Circle One) 9 i under M F 15-19 M F 20-24 M F 25-29 M F 30-34 M F 35-39 M F 40-44 M F 45-49 M F 50-S4 M F 55-59 M F 60-64 M F 65-69 M F 70-74 M F 75-79 M F 80+ M F AMOUNT PAID s Saturday, December Make Check Payable To: 44ad 2012 P.S.Marathon Runners / P.O.Box 12454 Palm Desert, CA 92255 8:00 A.M. Start PLEASE READ: In consideration of the acceptance of Runner,walker, stroller, doggie my entry,1,the undersigned,Intending to be legally and reindeer friendlyl bound,for myself,my executors,my administrators and assignees,do hereby waive and release the sponsors of this rate,Guide Dogs of the Desert,P.S.Marathon Run. "Guide Dogs of the Desert improves the lives of ners,the White Water Lions Club and the City of Palm Springs and all persons and agencies connected with this the blind by creating opportunities for life- event from all claims for damage arising from my and/or changing independence and by conducting my child's participation and travel to and from this , event. I certify that I and/or my child am/is physically community outreach and education programs. fit and adequately trained to participate in this event. I Guide Dogs of the Desert provides safe mobility, agree to follow all rules as stated and will accept any ruling or decision of the organizers as final. Race takes loving companionship and the "miracle of place rain or shine(or snow). independence"to the blind through the use of a Signature guide dog." Date Guide Dogs of the Desert is a non-profit corporation. Federal Tax ID#23-7296531 REGISTER ON-LINE AT ACIVE.COM LATINO BOOKS Y MAS NEEDS THE HELP OF THE PALM SPRINGS COUNCIL TO FIND A NEW HOME FOR OUR POPULAR BOOKSTORE By Fr. John Connor, C.S.C. Reading has the power to change us. In the words of Charlie Tremendous"Jones, "You're the same today as you'll be in five years except for two things: The people you meet and the books you read." Latino Book y Mas has been a "treasure"for the Palm Springs community as the Saturday's Editorial of the Desert Sun rightly claims. For years it has promoted literacy and the arts for our local community. The popular bookstore is being evicted from the Desert Fashion Plaza, a move for redevelopment and a surprise for their hardworking owners. Our community will be hurt if our last family bookstore disappears. The City of Palm Springs must do all that is possible to help our friends Luciano and Tania Ramirez find a new home for their extraordinary bookstore and to continue their unique service of literacy to students,tourist, our Spanish speaking readers and yes even children. We ask the Palm Spring City Council and city planners to slow down the movement to empty the Desert Fashion Plaza and assist our Latino Books y Mas store find a place to continue their wonderful service to our Palm Springs and the Coachella Valley readers. Council members please look for a Win-Win solution to this painful transition. THE DESERTSUN SATURDAY,SEPTEMBER 1,2012 1 B7 IOMWS DOWN way to 7* WPM 1©cad boo store ooks y Mas a Latino bookstore to downtown Palm £ betng vtcted. t g the J_- ds e itnn desert �'�► � � -�� X Flo L � � � et astliookstores mJJ1e en d® 1 attenSon realizea�t �4f P $s hasleen raT�'tg and was"" h ceterate tune tlutre # tB�tyge ' a ylfdas r to Pafim Canj L)riue in ' � �nrtrsru cHatHanvrH�aecr wn y e 1of pa�tte ' tEvbleed� fir tosEltxjtve ,aid .,,,_ " . . .. ` tat° at3' f' '�P ►SS In this€ase the city should do all it can to fitid a nff home for Books y Mas t}tat e�s.strnilarttr-Uett s e cpostttreat a rent comparable to what the owners were paying at,the Desert l ashion Plazasite.?heresno lctgiical reason not to fl/rs�GoN,r/�