Stated Meeting May 13, 2021 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Via Microsoft Teams Philadelphia, Pennsylvania Thursday, May 13, 2021 10:14 a.m. PRESENT: COUNCIL PRESIDENT DARRELL L. CLARKE COUNCILWOMAN CINDY BASS COUNCILWOMAN KENDRA BROOKS COUNCILMAN ALLAN DOMB COUNCILWOMAN JAMIE GAUTHIER COUNCILWOMAN KATHERINE GILMORE RICHARDSON COUNCILMAN DEREK S. GREEN COUNCILWOMAN HELEN GYM COUNCILMAN BOBBY HENON COUNCILMAN KENYATTA JOHNSON COUNCILMAN CURTIS JONES, JR. COUNCILMAN DAVID OH COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN CHERELLE L. PARKER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ COUNCILMAN MARK SQUILLA COUNCILMAN ISAIAH THOMAS MICHAEL A. DECKER, CHIEF CLERK Stated Meeting May 13, 2021
Thank you, and good morning to all. We're going to get started. I understand that the state law 00:01:40 currently requires that the following announcement be made at the beginning of every remote Council session: Due to the current public health emergency, City Council is 00:01:48 currently meeting remotely. We are using Microsoft Teams to make this remote meeting possible. Instructions for how the public may view the meeting and offer public comment are included in the Stated 00:01:58 Meeting notice that was published in the Daily News, Inquirer, and Legal Intelligencer prior to the meeting, and can also be found on PHLCouncil.com. I now note that the hour has 00:02:08 come. The Clerk will please call the roll to take attendance. Members that are in attendance will please indicate aye, present, or whatever you so may choose to ensure that your image is 00:02:18 Stated Meeting May 13, 2021 screen. Mr. Decker, please call the roll.
Good morning. I am present. Good morning, Mr. President and colleagues and Philadelphia. 00:02:34
Good morning, Council President, colleagues, and Philadelphia. I am present.
Good morning, Council President, colleagues, and the City of Philadelphia. 00:02:51 Stated Meeting May 13, 2021
Good morning, Council President and colleagues and Philadelphia. Present.
Good morning, Council President. Good morning, colleagues. And good morning to 00:03:06 the City of Philly love.
Good 00:03:15 morning, Council President. Good morning, colleagues. Good morning, Council staff. Good morning to the City of Brotherly Love and Sisterly Effectiveness. 00:03:23 Stated Meeting May 13, 2021
Good 00:03:27 morning, Council President, and good morning, colleagues. I am present.
Good morning, Council President. Good 00:03:48 morning, colleagues. Prayers go out to all the families who lost loved ones to gun violence.
Good morning, Mr. President, colleagues. Eid 00:04:00 Stated Meeting May 13, 2021 completing the Ramadan holy month.
Good morning, Council President. Good morning, colleagues. I am present.
Good morning, Council President and colleagues. 00:04:43 Stated Meeting May 13, 2021
Good morning, Council President and colleagues. Present.
Good morning, Council President. Good morning, colleagues. 00:04:59
And 00:05:03 good morning to all. We have established a quorum. Today we do not have a pastor for our invocation, so I will just ask our colleagues to bow their head for a 00:05:13 Stated Meeting May 13, 2021 silence. (Moment of silence.)
Thank you. Thank you so much. 00:05:33 Our next order of business is the approval of the Journal of the meeting of Thursday, May 6th, 2021, and the Chair recognizes Councilman Squilla.
Thank you, 00:05:42 Mr. President. I move that the Journal of the meeting of Thursday, May 6th, 2021 be approved. (Duly seconded.)
00:05:51 Thank you. It has been moved and properly seconded that the Journal of the meeting of Thursday, May 6, 2021 stand approved. All in favor indicate by saying 00:05:57 aye. (Aye.)
Those opposed? (No response.) 00:05:59 Stated Meeting May 13, 2021
The ayes have it, and the Journal is approved. And our next order of business 00:06:04 is requests for leave of absence, and the Chair recognizes Councilwoman Parker.
Thank you, Mr. President. On behalf of the members of Council, there are no requests 00:06:12 for leaves of absence today.
Thank you, Councilwoman. And our next order of business is communications. 00:06:20 Mr. Decker, please read the messages from the Mayor and any other communications that you may have in your possession.
To the President 00:06:28 and members of the Council of the City of Philadelphia, I am pleased to advise you that on May 11, 2021, I signed all of the bills which were passed by Council at its session on April 29, 2021, except Bill 00:06:44 Stated Meeting May 13, 2021 210207, which I am returning without my signature; and I am transmitting for the consideration of your honorable body a resolution authorizing the Commissioner 00:06:54 of Public Property to execute and deliver to the Philadelphia Redevelopment Authority deeds conveying fee simple title to certain City-owned lots or pieces of ground with the buildings and 00:06:59 improvements thereon situate in the Third Councilmanic District of the City of Philadelphia and further authorizing the Philadelphia Redevelopment Authority to transfer to the Philadelphia Land Bank 00:07:09 fee simple title to such properties; and A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority deeds conveying 00:07:16 fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon situate in the Seventh Councilmanic District of the City of Philadelphia and 00:07:24 Stated Meeting May 13, 2021 Redevelopment Authority to transfer to the Philadelphia Land Bank fee simple title to such properties; and 00:07:31 A resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority deeds conveying fee simple title to certain City-owned 00:07:34 lots or pieces of ground with the buildings and improvements thereon situate in the Second Councilmanic District of the City of Philadelphia and further authorizing the Philadelphia 00:07:45 Redevelopment Authority to transfer to the Philadelphia Land Bank fee simple title to such properties; and A resolution authorizing the Commissioner of Public Property to 00:07:53 execute and deliver to the Philadelphia Redevelopment Authority deeds conveying fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon 00:07:59 Stated Meeting May 13, 2021 Councilmanic District of the City of Philadelphia and further authorizing the Philadelphia Redevelopment Authority to transfer to 00:08:05 the Philadelphia Land Bank fee simple title to such properties, all under certain terms and conditions.
Thank you very much, Mr. Decker. 00:08:12 The Chair recognizes Councilman Jones.
Thank you, Mr. President. I'd like to be excused from the rest of today's Council in order 00:08:20 to participate in the Eid celebrations, and thank this body for allowing tens of thousands of students in public school to be excused legally to celebrate as well. Oh, I want to be recorded aye 00:08:39 on all bills and resolutions.
Thank you, Councilman. Thank you. Thank you so much. Leave shall be granted, let the record reflect, for Councilman Jones 00:08:48 Stated Meeting May 13, 2021 and he will be reported as voting aye on all bills and resolutions and amendments. Thank you, Councilman.
Our next order of business is the introduction of bills and resolutions. By way of a reminder, we are asking that all resolutions, including privileged 00:09:05 resolutions, be placed on the Final Passage Calendar for the next session of Council, unless they are being referred to committee. In our current remote environment, this procedure will provide 00:09:13 an appropriate opportunity for public comment. Thank you very much for your anticipated cooperation. Mr. Decker, please read the titles of the legislation that is being 00:09:23 offered today by the members.
Councilwoman Parker offers two bills. On behalf of Council President, Councilwoman Parker offers an ordinance authorizing the Water 00:09:34 Stated Meeting May 13, 2021 Commissioner, on behalf of the City, to enter into an agreement between the City and the Philadelphia Redevelopment Authority for the PRA to act as the 00:09:41 City's agent to include and incorporate Philadelphia Water Department-identified green stormwater infrastructure projects (the "Stormwater Infrastructure") in certain construction and improvement 00:09:52 projects in and around the City on properties owned by the City (the "City Projects"), including those projects arising out of the City's "Rebuilding Community Infrastructure" or "Rebuild" 00:10:02 Program, and on properties owned by the PRA (the City Projects and PRA Projects, together, the "Construction Projects") from the design phase to construction completion in an efficient manner. 00:10:11
On her own behalf, Councilwoman Parker offers an ordinance amending Chapter 19-1200 of The 00:10:18 Stated Meeting May 13, 2021 Philadelphia Code, entitled "Parking Tax," by revising certain tax rates. Mr. President, Councilwoman Parker would like to be recognized on 00:10:25 this bill.
Thank you, Mr. President. 00:10:32 Mr. President, today I am introducing a bill that is co-sponsored by Councilmembers Jones, Squilla, Henon, O'Neill, Green, and Oh that will lower the parking tax rate to 17 percent with 00:10:45 the start of the new fiscal year, July 1st, 2021. This bill, Mr. President, is a follow-up to Bill No. 200288 signed by the Mayor last June as part of the 2020 budget negotiations. 00:11:01 Bill No. 200288 raised the parking tax rate from 22 and a half to 25 percent for one year, from July 1st, 2020 to July 1st, 2021. Bill No. 200288 also stated, 00:11:19 Stated Meeting May 13, 2021 Mr. President, that it is Council's intent to establish a Good Parking Jobs for Philadelphia Review Committee as an agency of Council comprised of mayoral 00:11:32 appointees, two of whom shall be members of Council. In the event that such committee determines the satisfaction of Council that the conditions in the parking industry favorably support the 00:11:46 development of stable jobs while providing a path to advancement for workers in the industry, it is Council's intent, beginning with respect to Fiscal Year 2022, to reduce the rate of the 00:11:59 parking tax, with the goal of reducing the rate to 17 percent. Subsequently, Mr. President, Bill No. 200387 created the Good Parking Jobs for Philadelphia Review Committee, 00:12:15 and the Mayor appointed the members in early 2021. The members of the committee, we've been meeting informally and communicating throughout 2020 and 2021, and we will be having a meeting on 00:12:28 Stated Meeting May 13, 2021 June 7th, 2021. As Philadelphia continues to recover from the COVID-19 pandemic, I view this bill that we are introducing 00:12:39 today as a tool in the toolbox that will incentivize visitors to come back to Philadelphia and help ensure our economic competitiveness in the region. As I have repeatedly stated 00:12:53 during the budget hearings this spring, when we are considering lowering tax rates, we need to think very carefully through why we are lowering these tax rates and who may be the beneficiaries of 00:13:07 lower tax rates. It is my hope that by lowering the parking tax rate, we can further incentivize those who want to return to our great city, including people who want 00:13:17 to enjoy our arts and culture, restaurants, hotels, Convention Center, and overall hospitality and tourism industries that are, in essence, second to none. 00:13:31 Stated Meeting May 13, 2021 Most importantly, though, the goal of lowering this tax rate is for some of the benefits, Mr. President, to flow directly to the parking workers, 00:13:38 either by bringing back laid-off parking workers or by improving the pay and the benefits of parking workers. It is with this in mind that I am happy to have partnered not just with 00:13:51 the parking industry on this legislation but also with SEIU 32BJ who represents many of the parking lot and garage workers. Philadelphia has long had a 00:14:04 higher parking tax rate than our peer cities, including New York City where the rate is just over 18 percent for non-residents and just over 10 percent for residents. 00:14:16 The plan for our city was to begin lowering the parking tax rate in 2020 and beyond, but COVID, you know, the pandemic precluded us from doing that, and after a year of raising the parking 00:14:30 Stated Meeting May 13, 2021 tax rate to 25 percent, now is the time to rethink whether our high tax rate is a barrier to incentivizing people to return to our great city and to rethink whether 00:14:41 such a high tax rate is actually hurting the parking workers we want to help.
I believe that it is possible to be pro-industry, pro-business, and pro-worker, and as the bill states, its 00:14:55 passage will await the outcome of a determination by the Good Parking Jobs for Philadelphia Review Committee that the conditions in the parking industry favorably support the development of 00:15:10 stable jobs and provide a path to advancement for workers in the industry. So let me be clear. I will not move for the adoption of this bill unless and until the Good Parking Jobs for 00:15:23 Philadelphia Review Committee determines that a lowering of the parking tax rate will in fact benefit workers. So I look forward to this bill being considered along with our other 00:15:36 Stated Meeting May 13, 2021 budget bills, and ultimately I look forward to seeing where Fiscal Year 2022, where our budget ends up and how it ultimately ends up benefiting the 00:15:46 residents and workers of Philadelphia. I also want to note for the record that we always want to make sure that any public policy we are introducing is data driven and research based. I was 00:15:58 very pleased to get a memo from a third-party independent verifying entity, ESI, Econsult Solutions, and I want to note that it states this: The City Administration and City Council are 00:16:13 actively looking for ways, large and small, to promote the favorable positioning of the City. There's no one policy or program that will solve the problem, but many small, smart moves can 00:16:26 significantly position the City for a greater recovery, and one relatively small but economically significant step the City could take to achieve this overall economic recovery objective is to 00:16:43 Stated Meeting May 13, 2021 further reduce the parking tax rate. So I look forward to having a very robust discussion about this issue with my colleagues here in Council. 00:16:53 Thank you, Mr. President.
Thank you, Councilwoman. Thank you for that clarification. That bill will be referred to 00:16:58 committee.
Councilwoman Gilmore Richardson offers one bill, entitled "An ordinance amending Chapter 9 of The Philadelphia Code, entitled 00:17:10 'Regulation of Businesses, Trades and Professions,' by adding a new Chapter related to hiring entities providing covered individuals with a workforce and career pathways information sheet." 00:17:20
Councilman Henon offers one bill, entitled "An ordinance authorizing the Commissioner of Public 00:17:27 Stated Meeting May 13, 2021 Property, on behalf of the City, to acquire fee simple title, or a lesser interest in real estate, by purchase, dedication, donation, condemnation, 00:17:33 agreement in lieu of condemnation, or otherwise, in parcels of land connecting Tacony Street to the Frankford Arsenal Boat Launch, for public recreational purposes." 00:17:44
Councilman Johnson offers three bills and two resolutions, entitled "An ordinance 00:17:49 establishing a no truck parking regulation on both sides of Chester Avenue from 66th Street to 67th Street"; and An ordinance establishing 00:17:58 parking regulations on both sides of Webster Street, between 20th Street and 21st Street; and An ordinance amending Title 14 of The Philadelphia Code, entitled 00:18:05 Stated Meeting May 13, 2021 "Zoning and Planning," by revising a table within Section 14-701, Dimensional Standards.
00:18:12 Those three bills shall be referred to committee.
And a resolution also naming the 1600 block of South Street "Ronald K. Washington Way." 00:18:18
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the 00:18:25 Philadelphia Redevelopment Authority deeds conveying fee simple title to certain City-owned lots or pieces of ground with the buildings and improvements thereon situate in the 00:18:28 Second Councilmanic District.
Councilwoman Sanchez offers, on behalf of Councilman 00:18:44 Stated Meeting May 13, 2021 Jones, two bills, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by revising and consolidating provisions of 00:18:53 Chapter 14-500, entitled 'Overlay Zoning Districts,' by amending Section 14-524, entitled '/FDO, Fourth District Overlay District,' and Section 14-527, entitled '/WYN, Wynnefield District Overlay 00:19:07 District'"; and An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," to revise certain provisions of Chapter 14-600, entitled 00:19:16 "Use Regulations," by amending use standards for historically designated properties and making related changes.
Thank you. Referred to committee. 00:19:24 And let the record reflect Councilman Henon is here.
Council President, thank you. I had to step away for Council business and I would like to 00:19:34 Stated Meeting May 13, 2021 be recorded as present in today's session. So thank you.
00:19:38 Thank you. The record shall reflect Councilman Henon is present.
Councilwoman Gauthier offers two resolutions, entitled 00:19:49 a "Resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority deeds conveying fee simple title to certain City-owned 00:19:54 lots or pieces of ground with the buildings and improvements thereon situate in the Third Councilmanic District."
And a resolution authorizing the Philadelphia Land Bank to dispose of 5559 Locust Street located in the 3rd Councilmanic District. 00:20:09 Stated Meeting May 13, 2021
Councilman Thomas offers a resolution, entitled a 00:20:19 "Resolution honoring and congratulating Destiny Jackson on her acceptance into 50-plus colleges while experiencing homelessness, foster care, and participating in several extra-curricular 00:20:30 leadership positions."
Thank you, Council President. I just wanted to take 00:20:38 a moment to offer congratulations to our champion of the week, Ms. Destiny. I was actually introduced to Destiny about two and a half years ago actually, and she signed up to volunteer on my campaign 00:20:52 when I was running for City Council, and I can tell you that it was one of the best experiences that I've had interacting with a young person, especially a young person who didn't come 00:21:00 Stated Meeting May 13, 2021 from my traditional means of mentoring, whether it be in the classrooms that I've run or programs that I've been a part of or coaching experiences. It was a 00:21:09 different type of connection that I made with Destiny. And I can tell you just from the time I met her to watching her interact with people all across the City 00:21:19 to actually hiring her to work on my campaign, her personality is one that's just contagious with joy. And it is an honor to know her. If you haven't seen her on TV 00:21:32 or seen her in the paper, she's getting a lot of love across the City right now. In the midst of all the negative stories that we see and encounter and have to deal with on a consistent basis, she is a 00:21:42 bright and shining star coming out of our city. So I look forward to recognizing Destiny not just this week but hopefully we can have her join us in 00:21:52 Stated Meeting May 13, 2021 Council next week to be able to talk about what she's doing, where she's going and the bright star that we are hoping she will be representing the City of 00:22:00 Philadelphia. Thank you, Council President. Thank you, colleagues.
Thank you. Thank you, Councilman. Great 00:22:05 story.
Councilman O'Neill offers one bill, entitled "An ordinance amending Chapter 10-700 of The Philadelphia Code, entitled 'Refuse and 00:22:15 Littering,' by amending Section 10-719, entitled 'Penalties,' by revising the penalty to be assessed for violations of this Chapter."
And 00:22:24 that bill will be referred to committee. And for the record, Councilman Thomas's resolution will be on next week's Calendar.
Councilman 00:22:33 Stated Meeting May 13, 2021 Squilla offers one bill and two resolutions, entitled "An ordinance authorizing the Commissioner of Public Property, on behalf of the City of 00:22:43 Philadelphia, to enter into an amendment to a lease agreement with Southeastern Pennsylvania Transportation Authority, for use by the City, of a portion of the premises located at 1234 Market Street." 00:22:51
And a resolution authorizing the Committee on Education to hold hearings on the benefits of the 00:22:59 Pennsylvania System School Assessment testing and the administration of these tests by the Philadelphia School District.
And a resolution honoring and congratulating Frank Stephen Spera on the occasion of his retirement from the Pennsylvania State Police - 00:23:16 Stated Meeting May 13, 2021 Bureau of Liquor Control Enforcement.
Councilwoman Bass 00:23:23 offers one resolution, entitled a "Resolution authorizing the Committee on Public Health and Human Services to hold hearings regarding mobile crisis units."
Councilman Oh offers one resolution calling on the City of Philadelphia to include the flag of Republic of Azerbaijan in the display of 00:23:43 international flags along the Benjamin Franklin Parkway.
There are no 00:23:52 other bills or resolutions being offered by the members today, Mr. President.
Thank you very much, Mr. Decker. That concludes our introduction 00:23:58 Stated Meeting May 13, 2021 resolutions, and our next order of business is reports from committee. And the Chair recognizes 00:24:04 Councilwoman Bass for a report from the Committee on Parks, Recreation and Cultural Affairs. (No response.)
Good morning, Mr. President. I do apologize. I'm having some technical difficulties.
One moment. Thank you, Mr. President. The Committee on Parks, Recreation and Cultural Affairs reports out one bill 00:24:34 with a favorable recommendation.
To the President 00:24:45 Stated Meeting May 13, 2021 Council of the City of Philadelphia, the Committee on Parks, Recreation and Cultural Affairs, to which was referred Bill No. 210360, entitled 00:24:54 "An ordinance officially naming and designating the dog park located on the north side of Winter Street between 21st Street and 22nd Street, in the City of Philadelphia, as the 'Rob Stuart Memorial 00:25:06 Dog Park,'" respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
00:25:12 Thank you. The Chair again recognizes Councilwoman Bass.
Thank you, Mr. President. I move that the rules of 00:25:20 Council be suspended so as to permit first reading this day of Bill No. 210360. (Duly seconded.)
00:25:28 Stated Meeting May 13, 2021 been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. 00:25:33 210360. All in favor indicate by saying aye. (Aye.)
The ayes have it, and this bill will be placed on our First Reading Calendar 00:25:44 today. That concludes our reports from committee, and our next order of business is the consideration of the Calendar. I note that the bill just 00:25:54 reported from committee with suspension of the rules has been deemed to have had a first reading, and that bill will be on our Second Reading and Final Passage Calendar at our next session of Council. 00:26:04 Stated Meeting May 13, 2021 2ND READING As there are no additional bills on the First Reading Calendar, the Chair recognizes Councilwoman Parker for the purpose of calling up bills and 00:26:11 resolutions on the Final Passage Calendar today.
Thank you, Mr. President. The following resolutions and bills are being called up 00:26:19 from the Second Reading and Final Passage Calendars today. They are Nos. 210426, 210427, 210428, 210429, 210430, 210432, 210433, 210434, 210203, 210286, 210287, 210288, 210289, 210290, 210291, and 00:26:49 210292. All other resolutions and bills are being held, Mr. President.
Thank you, Councilwoman. Before we proceed, we'll have 00:27:05 our public comment session. So we will take a very brief minute to allow our technology professionals some time to connect the speaker we have for today. (Brief pause.) 00:27:23 Stated Meeting May 13, 2021
Thank you. Now that everyone is connected to the meeting and before considering the 00:29:27 resolutions and bills we have before us today, we will consider public comment. It will go as follows: Public comment must concern matters on the Second Reading and Final 00:29:35 Passage Calendar for possible action at a session of Council. A speaker on any of those matters must sign up in order to testify. You must call 210-686-3406 by 3:00 p.m. the day before the session to 00:29:48 sign up for public comment. When you call, we will take your name, phone number, the number of the legislative item you are commenting on, and whether you are in support of or 00:29:57 against the legislation, and add your name to the list. We will telephone each person on the list during the Council session and invite them to our remote meeting. 00:30:05 Stated Meeting May 13, 2021 Under ideal circumstances, which we have today, we will have three minutes to speak. In order to be fair to all those wishing to speak, though, I 00:30:16 intend to hold faithfully to the established time limit. So once invited to the meeting and asked to begin your testimony, a timer will be started. We will monitor your remaining time 00:30:26 throughout your testimony, and when there are 30 seconds remaining to your time, you will be reminded of this. Once your allotted time has passed, you will be asked to conclude your remarks, and 00:30:35 shortly thereafter, you will be muted and disconnected from the remote meeting. I also reserve the right to limit the number of speakers where repetitious comments are being made on 00:30:43 the same subject matter and to limit the scope of the testimony to only allow certain items on the agenda during the public health emergency, which could affect callbacks for public comment at 00:30:54 Stated Meeting May 13, 2021 any meeting. So please be aware that this public meeting is being recorded, and because the meeting is public, 00:30:59 participants and viewers have no reasonable expectation of privacy. So by continuing to be in this meeting, you are consenting to being recorded. I will now ask the Chief Clerk 00:31:08 to please read the name of our first speaker.
Mr. President, the only speaker we have today is Dr. Raymond Cattaneo, commenting on 00:31:19 210427.
Thank you very much. Good morning. Just state your name for the record and please proceed 00:31:28 with your testimony.
Good morning. My name is Raymond Cattaneo. Council, thank you for giving me the opportunity to speak in support of Resolution 210427. 00:31:37 Stated Meeting May 13, 2021 I am Raymond Cattaneo. My pronouns are he and him. I am the lead pediatric faculty of the Einstein Healthcare Network's Pride Program, a 00:31:46 comprehensive and inclusive program designed specifically for the sexual and gender diverse patients in our community. I am here representing the 20 healthcare professionals of that program. 00:31:57 HB 972, as all anti-trans bills barring trans individuals the right to participate in sports aligned with their gender identity, is based on myth, lies, and ignorance. Here are the facts: 00:32:11 First, trans girls are girls. There is no outward sign, medical test, or genetic marker that can define a person's gender. Therefore, girls should be allowed to play sports as girls. 00:32:23 Second, trans girls are not dominating women sports. Proponents of this bill cannot cite one case of a trans girl dominating a sport, because it doesn't happen. 00:32:36 Stated Meeting May 13, 2021 Third, a person's genitalia and hormonal makeup does not necessarily give them an advantage in competition. Trans girls do not have any specific or 00:32:45 immutable advantage. Fourth, banning trans athletes perpetuates myths and misunderstandings about trans people. Banning trans athletes have the very real potential of 00:32:57 encouraging gender policing and racial discrimination. In all likelihood, we will see worse physical and mental health in athletes, especially trans athletes, and if that happens, there will be a 00:33:09 direct and clear link to the legislators who support this bill. Fifth, sports are about inclusivity, goal-setting, teamwork, and overall well-being. People who 00:33:20 participate in sports as youth and adolescents have been found to have higher grades, higher scores on state assessment tests, and higher rates of high school graduation. In places that 00:33:30 Stated Meeting May 13, 2021 have trans inclusive policies, participation in sports has increased for all genders. Allowing trans girls to play girls sports helps everyone. 00:33:40 Sixth, multiple medical, counseling, education, and legal organizations have spoken out against these bills citing the harm they cause. Lastly, your words and actions 00:33:53 matter. As you may know, a co-sponsor of HB 972 represents a portion of Philadelphia. The passage of this resolution will send a firm message to her, the people of her district, and all 00:34:07 citizens of Philadelphia that this bill does not represent the ideals of this historic city. By defending the most vulnerable among us, you are speaking 00:34:18 volumes. Trans people encourage, welcome, and undoubtedly need the support of leaders like you. As the American Academy of Pediatrics has stated, in sports, politics has no place here. 00:34:32 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING Transgender children, like all children, just want to belong. Einstein Healthcare Network's Pride Program healthcare professionals 00:34:41 are defending the rights of our trans community to belong. We thank you for defending the right to belong. Please pass this resolution. 00:34:50 Thank you for letting me speak.
Thank you very much for your testimony. We appreciate it. And that concludes today's 00:34:58 public comment period. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. Mr. Decker, please read the 00:35:07 title of Resolution No. 210426.
A resolution authorizing the Philadelphia Redevelopment Authority to execute and deliver to the Philadelphia Land Bank 00:35:16 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING deeds conveying title to certain properties located in the Fifth Councilmanic District.
The 00:35:24 Chair recognizes Councilwoman Gilmore Richardson for a motion.
Thank you, Mr. President. On your behalf, I move the adoption of the resolution. 00:35:32 (Duly seconded.)
It's been moved and properly seconded. All in favor indicate by saying aye. 00:35:37 (Aye.)
The 00:35:38 ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 210427.
A resolution 00:35:51 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING urging the Pennsylvania state legislature and Governor Tom Wolf to reject House Bill 972, intended to prohibit transgender athletes from participating 00:35:59 in high school and/or collegiate sports according to their gender identity.
I'm sorry. The Chair recognizes -- is that Councilman O'Neill?
I'm sorry. 00:36:12 I'll wait until after the sponsor moves the resolution. I'm sorry.
Okay. No problem. The Chair recognizes 00:36:20 Councilwoman Gilmore Richardson for a motion.
Thank you, Mr. President. I move the adoption of the resolution. 00:36:26 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING (Duly seconded.)
Yes. 00:36:31 Mr. President, I know sometimes it gets confused on the no votes on the virtual, and I'll be voting no on this resolution.
Thank you. Thank you. Let the record 00:36:43 reflect Councilman O'Neill will be voting no. This resolution has been moved and properly seconded. All those in favor indicate by 00:36:53 saying aye. (Aye.)
Those opposed? The record will reflect that 00:36:58 Councilman O'Neill is voting nay. This resolution is adopted. Mr. Decker, please read the title of Resolution No. 210428.
A resolution 00:37:10 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING recognizing and honoring West Philadelphia and Wynnefield native Shaka Toney on being drafted to the Washington Football Team in the 2021 NFL Draft. 00:37:18
Thank you, Mr. President. On behalf of Councilmember Jones, I move for the 00:37:28 adoption of the resolution. (Duly seconded.)
Thank you. It's been moved and properly seconded that the resolution be adopted. 00:37:34 All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, 210429. 00:37:43 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING
A resolution authorizing the Philadelphia Land Bank to dispose of 1329 South 15th Street located in the 2nd Councilmanic District. 00:37:52
The Chair recognizes Councilman Johnson for a motion.
Thank you, Council President. I move for the 00:37:59 adoption of the resolution. (Duly seconded.)
It's been moved and properly seconded that the resolution be adopted. 00:38:03 All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the 00:38:12 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING title of Resolution No. 210430.
A resolution honoring Equal Justice Initiative founder Bryan Stevenson for his lifelong pursuit 00:38:21 of justice, vindicating the rights of the accused, and fighting mass incarceration.
The Chair again recognizes Councilman Johnson for a motion. 00:38:32
Thank you, Council President, and I thank my colleagues for support of this resolution. Bryan Stevenson is a remarkable 00:38:39 individual who played in the movie Just Mercy with Michael B. Jordan, and he has an exam that focuses on addressing the mass incarceration, but also, most importantly, the historical aspects of 00:38:54 lynching that has taken place all throughout the South. So he has been doing some great work in this area, and I wanted to acknowledge him, because his family comes from the Grays Ferry 00:39:06 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING community of South Philadelphia, which is in the Second Councilmanic District. And I also recommend an outstanding documentary about his work on HBO -- 00:39:14 (Background noise.)
Councilman, hold on. Somebody needs to mute themselves. 00:39:20
Thank you, 00:39:33 Council President. Council President and colleagues, I move for the adoption of the resolution. (Duly seconded.) 00:39:40
It's been moved and properly seconded. All those in favor indicate by saying aye. (Aye.) 00:39:43 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING
The 00:39:45 ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 210432.
A resolution 00:39:56 authorizing the Philadelphia Land Bank to dispose of 19, 21, 23, 25, 27 East Somerset Street, 3022, 3024, 3026, 3028 North American Street, 2907 Gransback Street, 413 West Norris Street, 419 West 00:40:11 Norris Street, and 2152 North Randolph Street, located in the Seventh Councilmanic District.
Thank you. 00:40:25 The Chair recognizes Councilwoman Quinones-Sanchez for a motion.
Thank you, Council President. I move for its 00:40:30 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING adoption. (Duly seconded.)
It's been moved and properly seconded. 00:40:32 All in favor of the motion indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the 00:40:45 title of Resolution No. 210433.
A resolution honoring the non-profit organization, The Black Gives Back, for their successful Youth Internship Program for 12- to 00:40:56 18-year-old's aimed at growing non-profit operation skills and providing support for community events.
The Chair recognizes Councilman Thomas for a 00:41:06 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING motion on the resolution.
Thank you, Council President. I move for the adoption of the resolution. 00:41:12 (Duly seconded.)
It's been moved and properly seconded that the resolution be adopted. All in favor indicate by saying 00:41:17 aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 210434. 00:41:27
A resolution calling on the City of Philadelphia to implement minimum force training for all law enforcement officers.
The 00:41:36 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING Chair recognizes Councilman Oh.
Thank you very much, Council President. I move for the adoption of the resolution. 00:41:45 (Duly seconded.)
Okay. Yeah. Now it's popping up. My screen is not giving me the appropriate indication as to who raised their hand. 00:41:57 The Chair recognizes Councilwoman Gym.
Thank you very much, Council President. I had some concerns about this resolution that I 00:42:07 wanted to raise. First, I want to make clear that the resolution to implement minimum force training for all law enforcement officers, minimum force is already a 00:42:21 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING policy of the Philadelphia Police Department. 3 clearly indicates that there is minimum force already in play. I assume and will 00:42:33 certainly check with the Police Commissioner that if there are existing policies and directives that officers are obviously trained on such policies and directives. 00:42:48 I always believe, of course, that training should be improved and all of that, but I do want to make clear that minimum force policy is already in existence, and I would be surprised if 00:43:01 officers are not trained on their policies. I think that if there was discussion in this resolution about the types of alternatives that champions like 00:43:13 Charles Ramsey have openly talked about, they have talked about further de-escalation strategies, not just minimum force training, but actually research back training and tools that 00:43:26 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING help agencies build trust in these situations, reduce the use of force. They specifically talked about things like social interaction trainings and 00:43:34 actually teaching officers how to deal with people. And in fact, some of the things that were noted were that some of the technical training that is being proposed, for example, in this resolution 00:43:50 in some instances are acknowledged, but Ramsey and many others say that what officers need more than anything else are strong interpersonal skills, and very few get little formal instruction on that and 00:44:04 that is not mentioned in this resolution. But the main reason why I have serious concerns about this resolution is that there are two clauses in it that really take on the work of this Council 00:44:16 and this Council's body to hold police officers, the Police Department, and our city to a higher standard. I will specify. " I have an issue with that 00:44:45 language. I want to emphasize that members of this body, including yourself, Council President Clarke, and Councilmember Jones had pursued a Police Oversight Commission, recognizing that 00:44:58 this is critically important to the work of responsibility and of ensuring the broader public safety. That effort is supported by a majority of our City Council body. 00:45:13 Councilmember Johnson's ban on chokeholds, supported unanimously by our body, came out of that work. Councilmember Thomas's bill to review vehicular police stops and ensure 00:45:27 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING that there is not racial profiling or a diversion of different aspects of profiling and raise space policing of our communities is an important aspect of the 00:45:44 work that we are doing. And of course our work to ban teargas, less than lethal munitions, also overwhelmingly supported by our Council body and in line with appropriate police practices, is the 00:45:59 continued work. I am not comfortable supporting a resolution that so broadly disparages this work and leaves open-ended this idea that these efforts are questionable and 00:46:17 may result in unintended consequences that increase crime and injury. I will be voting no on this bill -- on this resolution as a result, unless there were some significant 00:46:31 changes or expansions to it. But I really feel that this body takes police responsibility seriously.
We support minimum force, which is already a policy of the Police 00:46:44 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING Department, and what we need to be emphasizing right now is not just minimum force training but an expansion of de-escalation, a supporting of the mobile 00:46:55 crisis units, for example, a supporting of alternatives to policing, and a supporting of ensuring that our police officers get actually the training that has been called for and needed and not 00:47:07 just what is already on the books. Thank you, Council President.
00:47:16 Thank you. The Chair recognizes Councilman Green.
I want to thank Councilmember Gym for raising the 00:47:21 comments that she raised. My question is to the sponsor in reference to the nature of those two whereas clauses. I believe reading is fundamental, and when I first read the 00:47:33 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING resolution, it sounded on its face something that many people would be supportive of until I did read those two clauses, which also caused me pause. 00:47:44 So with that, I would like the sponsor to provide some additional context in reference to those two whereas clauses as part of this resolution regarding minimum force training. 00:47:55
Thank you very much. I appreciate both questions and both issues raised by Councilmember Helen 00:48:04 Gym and Councilmember Derek Green. So let me say that there are policies and then there are practices. So a policy, for example, may be to perform well or to not do certain things 00:48:24 or to do certain things on the football field. You could call that a policy, but it's not a practice unless you practice it. And there are things that you can do well without stress or pressure and then 00:48:46 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING there are things that you do automatically when you are under life-threatening stress and pressure. What happens is, people have to 00:49:00 be trained to do or not do certain things. It comes with a lot of training. Officers go through the Police Academy, and for the most part, not completely but for the most part, except 00:49:16 for the yearly examination and qualification that they go through, which is not extensive, they don't receive additional training. And I think the issue about George Floyd, which is a very 00:49:30 serious one, which cities like ours and police departments actually even across the world are responding to, legislators are responding to. And I think the issue is, there's many ways to respond to it, 00:49:50 but one of the things that we can do, one of them is to focus on what happens when police officers are responding to life-threatening confrontations, and the training that they have is on using 00:50:06 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING lethal force and they do not have continuous training in how to not use force, when not to use force, and how to use minimal force and when to use minimal 00:50:20 force. Lethal force is always at their disposal in that they have a firearm, for example, that they can rely on, and that's what they've been trained. So while there may be some 00:50:34 written rules and guidance and policies on minimum force, it has to be a practice. The example of someone believing they pulled out a taser and is 00:50:56 actually a firearm is an example that when people are under stress, they do things believing they're doing one thing. It takes practice. It takes practice under pressure in order to be able to not 00:51:11 make those errors. It also will guide the department on perhaps where the taser is located, what type of taser should be used, how it may not be confused with a firearm. And I would like to say that 00:51:30 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING there are differences, and so let me explain some of the differences. Police generally are trained when they are trained -- it's actually 00:51:40 not an extensive amount -- in defensive tactics. Defensive tactics are, for example, how to combat someone using a baton or when you don't have your firearm, it's not working or those type 00:52:00 of things. Minimum force is not simply using the least amount of force by applying, for example, jujitsu or judo holds or wrestling holds or things like 00:52:18 that. It is a mentality to kind of assess the situation and make a very quick and proper decision on whether any force should be used, whether it is better to let the suspect flee the 00:52:35 situation or whether when dealing with an elderly person or a teenager, certain types of restraints are proper or improper. Without proper training, a 00:52:49 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING person may try to apply a restraint, and it's not a chokehold, that may result in a broken shoulder, a broken arm, a broken elbow. Chokeholds are not the only type 00:52:59 of holds. There are other holds that can result in some pretty serious damage as well. I think it is important that those who are charged with the 00:53:11 responsibility of restraining someone who may be harming another person or even trying to kill that person understand the most efficient and effective ways.
Regarding what are some of the 00:53:23 questionable things, for example, in New York, the city put out a rule that when arresting a suspect, police officers cannot put any weight on the suspect when they're in a prone position. That's 00:53:41 going to be very difficult. Putting weight on a suspect when you're trying to subdue them enough to put handcuffs on them or to control them, if you're not going to put weight -- there are ways not 00:54:00 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING to put weight on people. There are ways to put weight on people. Just a blanket rule don't put weight, you're going to need a lot of officers on that one person 00:54:09 trying not to put weight on them. Putting weight on them is a way to restrain them without harming them, without letting them get hurt, without letting them hurt themselves. And so I 00:54:22 think that is going to have an unintended consequence. Either you're going to have like five officers on someone or -- and if they're trying to subdue that person and they don't put weight on them, that 00:54:37 person might get more injured or the police officers might get more injured. And so I think education is the best way to deal with those topics. Chokeholds, for example, there 00:54:49 are a lot of different types of chokeholds, many, many chokeholds. There's all sorts of ways to apply chokeholds. The bill that we have is that 00:55:01 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING once a person is controlled, chokeholds are not to be applied. However, when an officer is trying to protect their weapon from a person who is trying to grab their 00:55:11 weapon or to kill them or to harm them or to harm others, there is no rule that we have that chokeholds are not applicable. You can apply chokeholds when you are fighting for your life or trying to 00:55:25 prevent damage from occurring. However, it is when the person is subdued. Now, what kind of chokeholds? There are a variety of chokeholds and they have different effects. There are 00:55:37 what we call blood chokes and there are air chokes, which can crush your esophagus. There are chokes that will put you to sleep. There are chokes you could apply with one arm in, one arm out. 00:55:57 There are chokes that could result in a broken neck. There are all sorts of ways to choke people. You could do it with a collar, you could do it with clothes, you could do it with your elbow. You can do 00:56:11 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING it in many, many ways. It is a good idea to train officers to understand the unintended consequences of restraining people, and I 00:56:19 think that is a good idea. I will say, in my opinion -and this is something that can be discussed -- qualified immunity has come up, and when qualified immunity is 00:56:36 removed, there's a good chance that officers will not want to carry out their duties. That is an unintended consequence that can come up for discussion. 00:56:53 So those are things that I am talking about. I will say that Delaware County, Bucks County have already began the exploration of mandatory minimum force training, which, again, it is not 00:57:04 simply telling a person not to use greater force than necessary. It is teaching and training them how to assess the situation and how to present in their minds the idea of what is the violation, 00:57:18 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING what type of conduct is appropriate. For example, we all saw the video of the Army lieutenant who pulled into a well-lit gas station over what is 00:57:31 otherwise a traffic stop and having two police officers pull out their firearms and point it at him. It would appear to me completely unnecessary. I do understand for people who 00:57:47 are concerned that, yes, traffic stops are very dangerous and you also have unfortunately law enforcement that have been murdered as a result of a traffic stop. I'm not saying to be uncautious.
00:58:00 I am saying that a traffic stop where a person pulls into a well-lit gas station, has an Army uniform on -- yes, it may be fake, but the point is the conversation, the approach, all those things are part 00:58:18 of minimum force training, to not simply pull out firearms, point them at a person and begin that type of dialogue with demands and commands. So that is minimum force 00:58:32 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING training, and I think it is something that is important to be pursued in our Police Department. Thank you. 00:58:41
Yeah. 00:58:47 Councilmember Oh provided a lot of language in his response on a point of information, and I'll be a little bit more specific. And just going specifically to 00:58:56 the language of your resolution. Both you and I are lawyers, so words are very meaningful. You state specifically "a national push to reform laws and protocols pertaining to police conduct 00:59:09 and liability; "Whereas, some of these efforts are questionable." You made a statement regarding chokeholds, and I guess you're saying that the efforts on the national 00:59:19 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING level to reform chokeholds are questionable and may result in unintended consequences that may increase crime and injury. And you gave a lot of 00:59:33 perspective on different types of chokeholds. However, the very definition of a chokehold is a tight grip around a person's neck used to restrain them by restricting their breathing. 00:59:45 So I want to make sure I understand that you're saying that the reform of a chokehold is a questionable effort that may result in the unintended consequences that may increase crime or 00:59:55 injury.
No. That's not what I meant, if that's what you heard. What I said is and what I meant is, for example, in New York, making it illegal 01:00:07 and improper for a police officer to put body weight on a suspect that they are trying to restrain is questionable and will likely lead to unintended consequences. 01:00:27 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING When it comes to the proper and important idea of restraining or preventing chokeholds, there are many type of chokeholds, many ways to do it. 01:00:37 And so none of the legislation that I'm aware of -- there may be that just blanketly even if someone is coming at you and trying to grab your weapon, you can't apply a chokehold. I've never seen 01:00:51 that. All the legislation is about after you restrain someone or you have someone in control, you cannot apply a chokehold. But if someone is trying to stab you or shoot you or grab your weapon, yeah. 01:01:04 When you are a police officer dealing with a bigger, stronger person trying to grab your gun, there's been no law that I'm aware of that prevents an officer from doing everything they can to prevent 01:01:18 themselves from being killed, including chokeholds.
However, the 01:01:25 Stated Meeting May 13, 2021 5/13/21 - STATED - 2ND READING point that I have is that -