Stated Meeting November 12, 2020 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Via Microsoft Teams Philadelphia, Pennsylvania Thursday, November 12, 2020 10:00 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 November 12, 2020
Thank you. Good morning. We're going to get started. I understand the state law 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 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 Meeting notice that was published in the Daily News, Inquirer, and the Legal Intelligencer prior to the meeting, and can also be found on PHLCouncil.com. I now note that the hour has come. Mr. Decker, will you please call the roll to take attendance, and members that are in attendance will please indicate that you are present to make sure that your image is displayed. Stated Meeting November 12, 2020
Good morning, Council President and colleagues and the public.
Good morning, Council President. Good morning, colleagues. Good morning, everyone.
Good morning, Council President. Good morning, colleagues.
Good morning, Council President. Good morning, colleagues. Good morning, members of the public. Look forward to another session of Council.
Good morning, Council President. Good morning, colleagues.
Good morning, Council President. Good morning, colleagues. Good morning, Council President. Good morning, colleagues. Still seeking justice for Breonna Taylor.
Good morning, Mr. President, and in a bipartisan manner, good morning, colleagues. Stated Meeting November 12, 2020
Good morning, Council President. Good morning, colleagues. Good morning, Councilmember Jones.
Good morning, Mr. President. Good morning, colleagues.
Good morning, everyone, and congratulations to the African American most influential colleagues that I serve with. Proud of you. Congratulations.
Good morning, Council President. Good morning, colleagues. Good morning to the listening public.
And good morning, a genuine good morning to all my colleagues. Briefly, we traditionally have an invocation at this time, but because of the pandemic, we are not capable of doing that, but now more than ever, given the most recent tumultuous time that we've had leading up to the election, we now enter Phase 2, the aftermath of the election, and unfortunately what we foresee in the very near future that is currently increasing at a very rapid Stated Meeting November 12, 2020 pace, the COVID-19 pandemic that has taken us to our next phase, we genuinely need prayer, but what I would like to do is ask everybody to please take a moment of silence, a silent prayer for our city, our leaders, the citizens, and our nation as we move forward through this very, very difficult challenge as it relates to the pandemic. (Moment of silence.)
Thank you so much. Thank you, colleagues. Appreciate it. Our next order of business is the approval of the Journal of the meeting of Thursday, October 29th, 2020, and the Chair recognizes Councilman Squilla.
Thank you, Mr. President. I move that the Journal of the meeting of October 9th -- what was the date? October 29th, 2020 be approved. (Duly seconded.) Stated Meeting November 12, 2020
Thank you. It's been moved and properly seconded that the Journal of the meeting of Thursday, October 29th, 2020 stand approved. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. And our next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Parker.
Thank you, Mr. President. On behalf of the members of Council, there are no requests for leaves of absence today.
The Chair thanks the Councilwoman. And our next order of business Stated Meeting November 12, 2020 And, Mr. Decker, would you please read the messages from the Mayor and any other communications that you may have in your possession.
To the President and members of the Council of the City of Philadelphia, pursuant to Sections 4-604 and 2-307 of the Home Rule Charter, I am today transmitting to the Council the recommendation of the City Planning Commission on the following bills: Bill Nos. 200259, 200416, 200417, 200418, 200423, 200480, 200481, 200499, 200516, 200537, 200539, 200542, 200543, 200417, 200422, and 200423. And I am pleased to advise you that on November 10, 2020, I signed Bill No. 200392, which was passed by Council at its session on October 22, 2020, and that on November 10, 2020, I signed all of the bills which were passed by Council at its session on October 29, 2020, except Bill No. 200417, which I am returning without my signature. Stated Meeting November 12, 2020 herewith for the consideration of your honorable body an ordinance authorizing transfers in appropriations for Fiscal Year 2021 from the General Fund, the Grants Revenue Fund, the Aviation Fund, the Community Development Fund, and the Housing Trust Fund, certain or all City offices, departments, boards and commissions to the General Fund, the Water Residual Fund, the Aviation Fund, the Grants Revenue Fund, the Community Development Fund, and the Housing Trust Fund, certain or all City offices, departments, boards and commissions; and An ordinance authorizing transfers in appropriations for Fiscal Year 2020 from the General Fund, the Grants Revenue Fund, and the Water Fund, certain or all City offices, departments, boards and commissions to the General Fund and the Water Fund, certain or all City offices, departments, boards and commissions; and Stated Meeting November 12, 2020 No. 200285 (approved June 26, 2020), entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2021 through 2026 inclusive"; and An ordinance amending Bill No. 200286 (approved June 26, 2020), entitled "An ordinance to adopt a Fiscal 2021 Capital Budget"; and An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by relocating the southeasterly houseline and curbline of Christopher Columbus Boulevard, from Washington Avenue to Christian Street, thereby creating a more uniform right-of-way width and continuous footway area for said Christopher Columbus Boulevard from Washington Avenue to Christian Street; and An ordinance approving a Second Substantial Amendment to the Annual Action Plan 2019 through 2020 to add $11,311,404 in Federal Coronavirus Aid, Stated Meeting November 12, 2020 Relief and Economic Security Act funding; and An ordinance authorizing an initial 10-year conversion of the current Term with up to two 5-year Renewal Terms for a Lease Agreement the City has entered into with the First Tee of Greater Philadelphia for operating, managing and maintaining the John Byrne Golf Course, all under certain terms and conditions.
Thank you, Mr. Decker. And our next order of business is the introduction of bills and resolutions. And by way of a reminder, we are asking that all resolutions, including privileged resolutions, be placed on the Final Passage Calendar at our next session of Council, unless they are being referred to committee. In our current remote environment, this procedure will provide an appropriate opportunity for public comment. I want Stated Meeting November 12, 2020 to thank you very much for your anticipated cooperation. Mr. Decker, would you please read the titles of the legislation that is being offered today by members.
Councilwoman Parker offers two bills. On behalf of Council President Clarke, Councilwoman Parker offers an ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by creating a new Strawberry Mansion /NCO bounded by Lehigh Avenue, 29th Street, Sedgley Avenue, Montgomery Avenue, Conrail Right-of-Way, Oxford Street, and 33rd Street.
And on her own behalf, she offers an ordinance amending Section 9-1130 of The Philadelphia Code, entitled "Unlawful Credit Screening Practices in Employment," by revising conditions on the use of credit information for adverse employment Stated Meeting November 12, 2020 actions.
Councilwoman Gilmore Richardson offers one bill and one resolution, entitled "An ordinance amending Chapter 14-1000 of The Philadelphia Code, entitled 'Historic Preservation,' by adding new sections to create a searchable database of mural arts in the City, adding notice requirements, comment period, review and recommendations by Mural Arts Philadelphia, and other related duties prior to issuance of a building permit for a mural arts building."
And a resolution recognizing November 8 through November 14, 2020 as National Apprenticeship Week and honoring ApprenticeshipPHL and the District 1199c Training and Upgrading Fund for its continued commitment to Stated Meeting November 12, 2020 providing job skills, training, and opportunity to all Philadelphians.
Councilwoman Gym offers one bill and one resolution, entitled "An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' to address matters related to the landlord and tenant relationship during the novel coronavirus of 2019 pandemic, including but not limited to periods of applicability of various provisions, such as the applicable period of the eviction diversion program, and timeframes applicable to qualification for certain provisions.
Stated Meeting November 12, 2020 Okay. Referred to committee.
And a resolution authorizing the Committees on Children and Youth and Education to conduct joint hearings on protocols and decision-making processes in place to protect the health and safety of young people as the School District of Philadelphia navigates a return to in-person learning during the COVID-19 pandemic and the City's role in bridging the digital divide for children and families in the 2020 through 2021 school year.
Oh, thank you. That will be on today's Calendar.
Councilman Henon offers two bills, entitled "An ordinance authorizing an initial 10-year conversion of the current Term with up to two 5-year Stated Meeting November 12, 2020 Renewal Terms for a Lease Agreement the City has entered into with First Tee of Greater Philadelphia for operating, managing and maintaining the John F. Byrne Golf Course."
And an ordinance amending Chapter 9-4200 of The Philadelphia Code, entitled "Donation Bins," to modify the locations at which donation bills shall be permitted.
Councilman Jones offers a resolution recognizing and honoring the Philadelphia City Commissioners and the hard-working members of their staff for their around the clock work during the 2020 General Election, and for ensuring that every vote cast in Philadelphia was counted.
The Chair recognizes Councilman Jones. Stated Meeting November 12, 2020 Councilman Jones, your mic is off.
Philadelphia is known for a great many things. We're the birthplace of the nation. We have a trio of toppings that you can put on any cheese steak. We're also known for water ice, soft pretzels, and are a tough blue-collar city that worshiped a fictional character called Rocky and a real life hero called Octavius Catto. We are a blue-collar city where we will throw snowballs at Santa Claus, batteries at J.D. Drew, and we have been noted by the President as Philadelphia is a place where bad things can happen. But we're also known for Super Bowl LII with the Philly Special, and on Election Day, November 3rd, our Commissioners, our City Commissioners, did an encore presentation Stated Meeting November 12, 2020 of that. They stood up while the world watched us. All eyes were on Philadelphia, and they proved that the moment was not too big for them. Keep in mind that during this time, we had a joint hearing with the state, I think it was Representative Boyle and our chamber, and we talked about a plan, and at that time, we realized there was no book they could pull off the shelf that addressed pandemics, social uprisings, as well as what was going on economically to our budget. But these folks, our Commissioners, Al Schmidt, Commissioner Deeley, and Omar Sabir, proved to the world that the moment was not too big for them and that in a bipartisan manner -I'm going to say it again -- in a bipartisan manner, that they would do their jobs to a level where Fred Voigt, God rest his soul, would have been proud. They did that in face of death threats, people with real rifles pulling up to Stated Meeting November 12, 2020 where they were counting the votes, but they kept their heads on their job and completed their mission and are still counting the votes in Philadelphia. So what I want to say is that when you look at Webster's definition of what a Philadelphian is, their name should be added to it. And I want to say to the country and to the world, you're welcome. Thank you, Mr. President.
Thank you, Councilman. That will be on next week's Calendar. Let the record reflect that I believe Councilman Henon has joined us. Councilman Henon?
Thank you, Council President. Sorry for being a little late. I just didn't have an opportunity to thank you and welcome to all my colleagues. Good morning.
Stated Meeting November 12, 2020 Thank you, Councilman. Better late than never.
Councilman Johnson offers one bill and one resolution, entitled "An ordinance authorizing the Chief Executive Officer of Philadelphia International Airport, the Director of Commerce, the Commissioner of Public Property, the Streets Commissioner and the Water Commissioner, or any or all of them, on behalf of the City of Philadelphia, to enter into a non-exclusive license agreement with the owner of 6900 Essington Avenue, 6902 Essington Avenue and 6904 Essington Avenue, to allow for the continued use of a utility corridor and related improvements."
And a resolution honoring the life and legacy of Ronald R. Donatucci, Sr., a dedicated public servant and renowned political leader. Stated Meeting November 12, 2020
Councilwoman Quinones-Sanchez offers four bills on behalf of President Clarke -
Mr. President -- excuse me, Mr. Decker. Mr. President, I think --
Thank you, Mr. President. Councilmember Johnson wanted to be recognized after the introduction of the Donatucci resolution.
Thank you, Council President. And thank you, Madam Leader, for the acknowledgment. I know we will be voting on the resolution honoring the life and legacy of Ron Donatucci, and so I just wanted to, one, offer my condolences to his Stated Meeting November 12, 2020 family, his friends. I worked in the capacity of the Councilperson working very closely with Ron Donatucci, and I just want to acknowledge him for his hard work and his dedication to the City of Philadelphia, very, very, very fine public servant. His yes's were his yes's and his no's were his no's, and it's very rare in this body of politics that you meet people that's just straight up and you take them at their word. So I just want to publicly acknowledge him. We did lay him to rest earlier this week, but I want to make a public acknowledgment of his life, his dedication. Look forward to voting on this resolution next week. Thank you very much, Council President.
Thank you, Councilman. And thank you, Councilwoman. That will be on next week's Calendar. Stated Meeting November 12, 2020
Councilwoman Quinones-Sanchez offers four bills on behalf of Council President Clarke, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2021 from the General Fund, certain or all City offices, departments, boards and commissions, the Grants Revenue Fund, certain or all City offices, departments, boards and commissions, the Aviation Fund, certain or all City offices, departments, boards and commissions, the Community Development Fund, certain or all City offices, departments, boards and commissions, and the Housing Trust Fund, certain or all City offices, departments, boards and commissions"; and An ordinance authorizing transfers in appropriations for Fiscal Year 2020 from the General Fund, certain or all City offices, departments, boards and commissions, the Grants Revenue Fund, certain or all City offices, departments, boards and commissions, and the Water Stated Meeting November 12, 2020 Fund, certain or all City offices, departments, boards and commissions; and An ordinance amending Bill No. 200285 (approved June 26, 2020), entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2021 through 2026 inclusive"; and An ordinance amending Bill No. 200286 (approved June 26, 2020), entitled "An ordinance to adopt a Fiscal 2021 Capital Budget."
Thank you, Mr. Decker. Those four bills will be referred to the appropriate committee.
Councilwoman Sanchez also offers a resolution authorizing the Philadelphia Land Bank to dispose of 1615 North 6th Street located in the Seventh Councilmanic District in accordance with the terms of Chapter 16-700 of The Philadelphia Code.
That will be on next week's Calendar. Stated Meeting November 12, 2020
Councilman Green offers two bills. On behalf of Council President Clarke, he offers one bill, entitled "An ordinance approving a Second Substantial Amendment to the Annual Action Plan 2019 through 2020 to add $11,311,404 in Federal Coronavirus Aid, Relief and Economic Security Act funding." And on his own behalf, he offers an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new Chapter 9-4700, to prohibit employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment.
Those two bills will be referred to the appropriate committee.
Councilwoman Brooks offers one resolution, entitled a "Resolution honoring Kindred Arts and Stated Meeting November 12, 2020 Little Giant Creative on the occasion of Monumental Tour's public art exhibit in the City of Philadelphia."
Councilman Domb offers two resolutions, entitled a "Resolution authorizing the Fiscal Stability and Intergovernmental Cooperation Committee to hold ongoing hearings regarding the City of Philadelphia's Coronavirus Recovery Plan including, but not limited to, ongoing applications for, and receipt of all recovery dollars, spending plans, and decision making around the recovery process and its impact on the City of Philadelphia's FY2021 budget and Five-Year plan."
And a resolution authorizing City Council's Committee on Fiscal Stability and Intergovernmental Stated Meeting November 12, 2020 Cooperation to hold hearings investigating and seeking solutions for problems with the OnePhilly system in light of ongoing issues and inefficiencies which are compromising the City's basic functions and public trust.
Councilwoman Gauthier offers one resolution proclaiming November 15 through 22, 2020 as National Hunger and Homelessness Awareness Week in Philadelphia and honoring organizations, advocates, and City workers for their support -- for their work supporting Philadelphia's most vulnerable.
Mr. President? Excuse me, Mr. Decker. Stated Meeting November 12, 2020
I'm on a slight delay. The Chair recognizes Councilwoman Gauthier.
Thank you, Mr. President. I'm pleased to be introducing this resolution on behalf of the Office of Homeless Services today. One in five Philadelphians face hunger or food insecurity, and this number has only been exacerbated by COVID-19. Hunger and Homelessness Awareness Week is recognized every November around the country. From November 15th to 22nd, organizations and advocates both inside and outside of City government are holding events and providing information to educate Philadelphians on the issues of hunger and homelessness. I'm grateful to OHS for their Stated Meeting November 12, 2020 tireless work on behalf of our city's most vulnerable residents. No one should have to worry about whether they'll have food on their plate or a roof over their head, but the reality is that hunger and homelessness are stubborn problems that affect far too many people, both here in Philly and around the country. I encourage everyone to get involved during this week of events. You can learn more about different opportunities at HHweek.org. Thank you so much.
Thank you, Councilwoman. And that will be on next week's Calendar.
Councilman Thomas offers one resolution honoring and congratulating the Franklin Towne Charter Girls Soccer team, on their successful 2019-2020 season and overall 16 and 0 and 1 record in the Philadelphia Public League. Stated Meeting November 12, 2020
Thank you. That will be on next week's Calendar.
Councilman Squilla offers three bills, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by relocating the southeasterly houseline and curbline of Christopher Columbus Boulevard, from Washington Avenue to Christian Street, thereby creating a more uniform right-of-way width and continuous footway area for said Christopher Columbus Boulevard"; and An ordinance authorizing ARD 1105 Walnut or a subsequent owner to install, own and maintain various encroachments at 1101 through 07 Walnut Street and 138 through 140 11th Street; and An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by revising and Stated Meeting November 12, 2020 clarifying certain provisions and making technical changes.
Those three bills will be referred to the appropriate committee.
Councilwoman Bass offers two resolutions, entitled a "Resolution authorizing the Committee on Public Health and Human Services to hold hearings examining the state of breast cancer incidence and mortality in Philadelphia; the impact of the closure of the Susan G. Komen Philadelphia chapter, particularly on women of color; and other resources and organizations available to help the City prioritize breast cancer control initiatives in Philadelphia." That was calling for a hearing, Mr. President.
And a resolution calling on the United States House of Stated Meeting November 12, 2020 Representatives and the United States Senate to hold hearings on voter suppression and voter intimidation during the 2020 United States presidential election.
Thank you, Mr. President, and good morning to everyone. I just really wanted to thank all of my colleagues for recognizing the importance of this resolution and calling on the United States Congress to really do something, do something about voter suppression. This is more than just calling on the need for hearings in the Congress, because we've had these hearings before. We've had investigations before, and they haven't gone anywhere. And in recent years, we've seen a continual escalation of or increase in voter suppression efforts, and I think that the 2020 Presidential General Election really just put it over Stated Meeting November 12, 2020 the top with attempts to suppress votes in any way, shape or form that was possible, particularly among African American and Latino voters. The amount of suppression was just out of control. We need to get something done as quickly, as soon as possible. And so I just really wanted to again thank my colleagues for calling on Congress to do something, not just have hearings but to actually develop and implement some legislation that can be passed in a bipartisan fashion that says that voting is a constitutional right, everyone has a right to cast their vote, every vote should be counted, and that this will never happen again. So thank you, Mr. President and to my colleagues.
Thank you, Councilwoman. That will be on next week's Calendar.
Excuse me, Stated Meeting November 12, 2020 Council President?
The Chair recognizes -- is that Councilman Johnson?
I just want to commend my colleague Councilwoman Cindy Bass for calling up this resolution. We are at an unprecedented time here in America as relates to our civil rights around voting, and it's very unfortunate that during this particular time, primarily a lot of the targeted states in which there will be lawsuits filed contesting this recent election, revolves around basically black and brown people voting. And so we know our ancestors died for the right to vote. That's something that we all take very seriously, and I thank you, Councilwoman, for stepping up to the plate and putting Stated Meeting November 12, 2020 that this is something that we are paying attention to. The eyes of the world are paying attention to this, and this is something we should never take for granted as a people as a whole. Thank you very much, Council President.
There are no other bills or resolutions being offered by the members, Mr. President.
Thank you very much, Mr. Decker. We will now move to our reports from committee, and the Chair recognizes Councilman Green for a report from the Committee on Finance. (No response.)
Thank you, Stated Meeting November 12, 2020 that. Thank you, Council President. The Committee on Finance reports out three bills with a favorable recommendation.
To the President and members of the Council of the City of Philadelphia, the Committee on Finance, to which was referred Bill No. 200387, entitled "An ordinance amending The Philadelphia Code to add a new Section, entitled 'Good Parking Jobs for Philadelphia Review Committee,' to provide for the creation of an advisory body to consider the quality of jobs and opportunities for workers in the parking industry and the potential to make adjustments to the Parking Tax, including with respect to the goal of reducing the parking tax to seventeen percent by July 1, 2022, based on a review of working Stated Meeting November 12, 2020 industry, and to provide reports related thereto"; and Bill No. 200599, entitled "An ordinance constituting the Twenty-Fifth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell one or more series or subseries of tax-exempt or taxable water and wastewater revenue bonds and revenue refunding bonds, some or all of which may be used for the implementation of a revolving commercial paper program for the System"; and Bill No. 200600, entitled "An ordinance constituting the Twenty-Fourth Supplemental Ordinance to the Restated General Water and Wastewater Revenue Bond Ordinance of 1989, as supplemented; authorizing the Bond Committee to issue and sell one or more series or subseries of tax-exempt or taxable water and wastewater revenue bonds and revenue Stated Meeting November 12, 2020 bonds," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Green.
Thank you, Council President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 200387, 200599, and 200600. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 200387, 200599, and 200600. All those in favor indicate by saying aye. (Aye.)
Stated Meeting November 12, 2020 opposed? (No response.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilman Thomas for a report from the Committee on Streets and Services.
Thank you, Council President. The Committee on Streets and Services reports out eight bills with a favorable recommendation.
The Committee on Streets and Services, to which was referred Bill No. 200182, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled 'Use Of An Automated Red Light Enforcement System To Prevent Red Light Violations,' by Stated Meeting November 12, 2020 red light enforcement systems at the intersection of 52nd and Lancaster Avenue"; and Bill No. 200254, entitled "An ordinance establishing a no truck parking regulation on both sides of Milnor Street, from Bleigh Avenue to New State Road"; and Bill No. 200537, entitled "An ordinance amending Section 2 of an Ordinance (Bill No. 180560) approved July 10, 2018, entitled 'An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 250 by striking from the City Plan and vacating the legally open portion of Montour Street from Adams Avenue to Foulkrod Street,' by extending the period for compliance with the terms and conditions stated therein"; and Bill No. 200539, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 299 by striking from the City Stated Meeting November 12, 2020 a point approximately one-hundred fifty-six feet southwest of Matthias Street to its terminus southwestwardly therefrom"; and Bill No. 200561, entitled "An ordinance amending Chapter 12-3000 of The Philadelphia Code, entitled 'Use Of An Automated Red Light Enforcement System To Prevent Red Light Violations,' by authorizing the installation of red light enforcement systems at the intersection of 31st and Spring Garden Street"; and Bill No. 200562, entitled "An ordinance authorizing Maitreyi Roy, doing business as John Bartram Association, to own and maintain an existing metal bench on the southeast corner at the intersection of South 54th Street and Lindbergh Boulevard"; and Bill No. 200572, entitled "An ordinance establishing a no truck parking regulation on both sides of East Godfrey Avenue from Tabor Avenue to Whitaker Avenue"; and Stated Meeting November 12, 2020 200591, entitled "An ordinance amending Section 9-212 of The Philadelphia Code, entitled 'Newsstands,' by expanding the allowable items newsstands can sell and offer," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilman Thomas.
Thank you, Council President. I move that the rules of Council be suspended so as to permit the first reading this day of the eight bills that were just read into the record by the Clerk. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit Stated Meeting November 12, 2020 of the eight bills that were just read into the record by the Clerk. All those in favor indicate by saying aye. (Aye.)
The ayes have it. These bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilman Squilla for a report from the Committee on Commerce and Economic Development.
Favorable recommendation. Councilman, you can just report the three bills out with a favorable recommendation.
Thank you, Mr. President. I move the three bills out of committee with a favorable recommendation.
The Committee on Commerce and Economic Development, to which was referred Bill No. 200353, entitled "An ordinance amending Section 17-109 of The Philadelphia Code, entitled 'Local Bidding Preferences,' to amend reporting requirements to require the establishment of local business usage goals and reporting on reaching such goals as a way to assist community businesses recover from the COVID-19 Stated Meeting November 12, 2020 pandemic"; and Bill No. 200544, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' by adding a new Chapter, entitled 'Residential Property Wholesalers,' to regulate the solicitation of purchases of real property and require certain disclosures by property purchasers to homeowners, and amending Chapter 9-1100 of The Philadelphia Code, entitled 'Fair Practices Ordinance: Protections Against Unlawful Discrimination,' to provide protections to homeowners from solicitation and related problems"; and Bill No. 200574, entitled "An ordinance amending Title 9 of The Philadelphia Code to address matters related to commercial leases and provide eviction and financial relief to restaurant businesses that operate on leased premises," respectfully reports it has considered the same and returns the Stated Meeting November 12, 2020 with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilman Squilla for purposes of suspension of the rules to permit first reading. Councilman, you're on mute.
Thank you, Mr. President. I move the rules of Council be suspended as to permit the first reading this day of Bill Nos. 200353, 200544, and 200574. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit reading this day of Bills No. 200353, 200544, and 200574. Stated Meeting November 12, 2020 indicate by saying aye. (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilwoman Bass for a report from the Committee on Public Health and Human Services.
Thank you, Mr. President. The Committee on Public Health and Human Services reports out two bills with a favorable recommendation.
The Committee on Public Health and Human Services, to Stated Meeting November 12, 2020 No. 200115, entitled "An ordinance amending Section 10-602 of The Philadelphia Code, entitled 'Smoking,' to prohibit establishments that are excepted from the indoor smoking prohibition from permitting minors to enter, and to require health informational signs; and amending Section 10-614, entitled 'Electronic Smoking Devices,' to prohibit establishments that are excepted from the indoor e-cigarette use prohibition from permitting minors to enter, and to require health informational signs"; and Bill No. 200425, entitled "An ordinance amending Title 6 of The Philadelphia Code, entitled 'Health Code,' by creating a new Chapter 6-1300 entitled 'Healthy Outdoor Public Spaces,' to promote a healthy environment that protects the public from the risks of toxic herbicides by prohibiting their use on all city-owned or used public grounds including but not limited to parks, Stated Meeting November 12, 2020 trails, recreation centers, and playgrounds; establishing reporting requirements; and establishing a private right of action," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilwoman Bass.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading on this day of Bill Nos. 200115 and 200425. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 200115 and 200425. All those in favor will say Stated Meeting November 12, 2020 (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. The Chair now recognizes Councilman Jones for a report from the Committee on Public Safety.
Thank you, Mr. President. The Committee on Public Safety reports one bill with a favorable recommendation.
Thank you, sir. Mr. Decker, please read the report.
The Committee on Public Safety, to which was referred Bill No. 200412, entitled "An ordinance amending Chapter 10-2200 of The Stated Meeting November 12, 2020 Code, entitled 'Hate Crimes,' to provide for penalties for criminal conduct involving misuse of the 911 emergency response system motivated by hatred toward certain characteristics of other persons," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair again recognizes Councilman Jones.
Thank you again, Mr. President. I move that the rules of Council be suspended as to permit first reading this day of Bill No. 200412. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bill No. Stated Meeting November 12, 2020 200412. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and this will be placed on our First Reading Calendar today. The Chair now recognizes Councilwoman Gauthier for a report from the Committee on Housing, Neighborhood Development and the Homeless.
Thank you, Mr. President. The Committee on Housing, Neighborhood Development and the Homeless reports out two bills with a favorable recommendation.
Thank you, Councilwoman. Mr. Decker, please read the report.
The Committee on Stated Meeting November 12, 2020 Housing, Neighborhood Development and the Homeless, to which was referred Bill No. 200420, entitled "An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' to address matters related to the landlord and tenant relationship during the novel coronavirus of 2019 pandemic, including providing for the temporary waiver of certain fees"; and Bill No. 200421, entitled "An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' to address matters related to the landlord and tenant relationship during the novel coronavirus of 2019 pandemic, including providing for repayment agreements, and making certain technical changes," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Mr. Decker. Stated Meeting November 12, 2020 Councilwoman Gauthier.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 200420 and 200421. (Duly seconded.)
Thank you. It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 200420 and 200421. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar today. Stated Meeting November 12, 2020 2ND READING That concludes our reports from committee, and our next order of business is the consideration of the Calendar. I note that the bills just reported from committee with a suspension of the rules have been deemed to have had a first reading. These bills will be on our Second Reading and Final Passage Calendar at our next session of Council. As there are no additional bills on our First Reading Calendar, the Chair recognizes Councilwoman Parker for the purpose of calling up resolutions and bills on the Second Reading and Final Passage.
Thank you, Mr. President. The following resolutions and bills are being called up from the Second Reading and Final Passage Calendars today. They are Nos. 200606, 200607, 200608, 200609, 200610, 200497, 200498, 200369, and 200419. All other bills and resolutions are being held.
Stated Meeting November 12, 2020 Thank you, Councilwoman. We will now move to our public comment session, but it's been indicated to me that no one has signed up for public comment. So I will read it -yeah, I know. I will read an abbreviated memo as it relates to public comment. I do want to indicate that while we have no public comment, I would still like to read the process for which public comment will be implemented in the City Council of Philadelphia during this remote session. So this public comment must concern matters on the Second Reading and Final 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 215-686-3406 by 5:00 p.m. the day before the session to sign up for public comment. When you call, we will take your name, phone number, the number of Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING the legislative item you are commenting on, and whether you are in support of or against the legislation, and add you to the list. We will then telephone each person on the list during the Council session and invite them to our remote meeting. And under ideal circumstances, they will have three minutes to speak. However, from time to time there will be a significant number listed, so we do have the authorization to have flexibility on the time limit. I want to thank you very much. Next Council session I anticipate that we will have many individuals signing up, so we will read the full document. Thank you so much. We will now consider the bills and resolutions on the Second Reading and Final Passage Calendar. And, Mr. Decker, if you can please read the title of Resolution No. 200606.
A resolution Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING recognizing and honoring Philadelphia native Kristen Welker for her outstanding, poised, and professional performance as moderator of the second and final 2020 Presidential Debate.
Thank you. The Chair recognizes Councilman Jones for a motion on the resolution of the former Fifth District resident. Councilman Jones.
I move in a bipartisan manner for the approval of this resolution. (Duly seconded.)
Thank you. It has been moved and seconded that the resolution be adopted. All in favor say aye. (Aye.)
The Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 200607.
A resolution calling on the Philadelphia Police Department and the Department of Behavioral Health and Intellectual Disability Services to increase reliance on trained behavioral health providers when responding to 911 calls in order to properly identify when individuals are experiencing mental or emotional distress.
Thank you. The Chair again recognizes Councilman Jones.
May I be recognized a second? I just want you to know that my colleague Councilmember Bass is keenly on top of this as well from the health and human service side of this. Public safety going together with health Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING and human services is the future, we believe, of police-community interaction. And with that, I call for the adoption of the resolution. (Duly seconded.)
Yes. When we vote on a resolution, we vote on the resolved clause, but there also are whereas clauses that sometimes are difficult -- make it very difficult to vote for the resolved clause. I'll be voting for the resolution. It's clearly something that is good. And I just direct this to the sponsor, my good friend, Councilman Jones. On the fourth whereas clause, "While a full investigation of the events surrounding Walter Wallace's death is still underway," that really should have been the end of that whereas clause, in Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING my humble opinion, but particularly when we -- because it is under investigation, but particularly the part of that whereas clause that says "the officers did not attempt to employ other non-lethal tactics, such as a taser." That to me should not be in this resolution. First of all, it's inaccurate because, one, we don't know if a taser can be used when somebody is wielding a knife, but that's not the most egregious part of this. "Such as a taser" would only apply here if they had tasers, they were trained with tasers. They did not. It is inaccurate, and I believe it just doesn't belong in the resolution. I'm not asking for a friendly amendment. It's the sponsor's choice. I'm voting for the resolution because the resolved clause calls on the Police Department and Department of Human Services to get together and try to improve this with the 911 system. And there's clearly questions all over the Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING place about that day and that lack of coordination where there was supposed to be somebody in the 911 room from Behavioral Health and they weren't. But it's actually inaccurate and wrong to say that they had a choice of using a taser. Whether it could have been effective or not is not the issue. They didn't have them. They weren't trained in them. Only a third of our -approximately a third of our officers have tasers, even though they were advised to have the whole Department start getting them in 2017. If any Councilmember was aware that they didn't have enough money and were asking for it, I'd like them to put up their hand, because I don't think any Councilmembers who were here in the last term would have any knowledge of that information. But the taser issue is a serious one, because it has been mentioned several times why didn't they have them, but this says -- this whereas Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING clause says they did not attempt to use them. Well, that's not accurate. Okay? And, Councilman Jones, I'm trying to say this in a very friendly way, because it is a real solid resolution except for that little section. Okay?
Actually, Councilman Jones has been bipartisan today, and he always is. I don't have a problem with that. I'm just joking.
I'm about to be again. Mr. President, I thank the gentleman from the Greater Northeast for his insight to my whereas, but it is a fact that they could not have used a taser because they did not possess tasers. And we weren't trying -- our Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING intent in the resolution was not to draw judgment on the officers as to why they didn't use it, but to draw attention to the fact that de-escalation in mental health issues is the future of where we would like to go, and I think that is reflected both by the Administration and by every one of the groups that we talked to, including the FOP, including the Guardian Civic League, including NBPA, which is the National Black Police Officers Association. So in so doing, please if you misinterpreted us as drawing a judgment on what happened that day, such was not the case. We are talking futuristic use of force levels. So thank you for your input and thank you for your support for -
Let me make clear, Councilman Jones, that the inaccuracy is that they did not attempt to use a taser. If it had said they should have had a taser available to Stated Meeting November 12, 2020 11/12/20 - STATED - 2ND READING them, if there was some indication that they chose not to -- and that's a judgment call that could be weighed in on both sides, but they never had the tasers. This says they did not attempt to use them. I think the only fair inference in that language is that they had tasers and did not attempt to use them. But we don't want to spend a whole day on this, but it's -