Stated Meeting June 18, 2020 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Via Microsoft Teams Philadelphia, Pennsylvania Thursday, June 18, 2020 10:22 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 June 18, 2020
Good morning. We're going to get started. We're going to start with the reading of a couple of paragraphs with respect to our current status in the state-authorized emergency status. So our understanding is that 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 meetings and offer public comment are included in the Stated Meeting notice that was published in the Daily News, Inquirer, Legal Intelligencer prior to the meeting, and could be also found on PHLCouncil.com. I now note that the hour has come. The Clerk will please call the Stated Meeting June 18, 2020 attendance, and members that are in attendance, please indicate by saying aye or present when your name is called. Mr. Decker.
Good morning, Council President. Good morning, colleagues, Mr. Decker, and the public.
Good morning, Council President. Good morning, colleagues. I'm present.
Good morning, Council President. Good morning, colleagues. Council President, I want to thank you for your leadership during these unprecedented times. Thank you all.
Thank you. Thank you, Councilman. Good morning.
Good morning, Council President. Good morning, colleagues.
Good morning, Mr. President. Good morning, colleagues. Good morning, viewing public.
Good morning, Mr. President and colleagues. Present.
Good morning, good morning, good morning. Thank you.
Good morning, Council President. Good morning, colleagues. And just a special thank you to the tech staff for the late night last night and making it happening again today. Thank you. I appreciate you all.
And good morning, everyone. Thank you all and, again, thank you for your hard work, particularly through last night, both Stated Meeting June 18, 2020 members, staff, and support. Thank you, guys. Really appreciate you all. So we've established a quorum, so Council will now come to order. Despite the great need, there will be no invocation today. We will, however, observe a very brief moment of silent prayer for our city, its leaders, and the citizens during the current public health crisis. We will ask you now to observe a brief moment of silence. (Moment of silence.)
Thank you. Thank you very much. Our next order of business is the approval of the Journal of the meeting of Thursday, June 11, 2020, and the Chair recognizes Councilman Squilla. (No response.)
Thank you. It's been moved and properly seconded that the Journal of the meeting of Thursday, June 11, 2020 stand approved. All in favor will indicate by saying aye. (Aye.)
The ayes have it, and the Journal is approved. And our next order of business Stated Meeting June 18, 2020 of absence, and the Chair recognizes Councilwoman Parker.
Thank you, Mr. President. There are no requests for leaves of absence on behalf of members of Council.
The Chair thanks the Councilwoman. And our next order of business is communications, and the Clerk will please read the messages from the Mayor and any other communications that he may have in his possession.
To the President and members of the Council of the City of Philadelphia, by your request that my Administration note all business before Council that should be considered related to our response to the pandemic or otherwise necessary to allow for expedited action, I respectfully request and submit for the consideration of your honorable body a resolution ratifying the Mayor's Declaration of Emergency Related Stated Meeting June 18, 2020 to the COVID-19 health emergency.
Thank you, Mr. Decker. No additional communications?
Thank you very much. And our next order of business is the introduction of bills and resolutions. And, Mr. Decker, if you will please read the titles of the legislation that is being offered today by the members.
Councilman Henon offers one bill, entitled "An ordinance amending Chapter 22-800 of The Philadelphia Code, entitled 'Purchase of Credited Service,' of Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' to allow certain employees to purchase credited service for prior military service without payment of certain interest for a Stated Meeting June 18, 2020 certain time period."
Councilman Jones offers on behalf of Council President Clarke a non-privileged resolution ratifying the Mayor's Declaration of Emergency Related to the COVID-19 health emergency.
Councilman Green offers a non-privileged resolution calling upon the Congress to allocate fair and direct federal support to all of America's communities, regardless of population size. Councilman Green also offers a non-privileged resolution calling upon the Congress to enact and fund a national, sustainable water affordability plan similar to the Low Income Home Energy Assistance Program ("LIHEAP").
And Stated Meeting June 18, 2020 next week's Calendar.
Councilwoman Bass offers one bill, entitled "An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' requiring landlords to give tenants notice of alternative ways to meet tenant obligations to make security deposits; and by providing for certain landlord and tenant responsibilities related to the payment of rent and security deposits."
Councilman Oh offers one bill, entitled "An ordinance amending Chapter 17-500 of The Philadelphia Code, entitled 'Goals for the Participation of Disadvantaged Owned Business Enterprises in City Contracts,' by adding a new requirement that City Council be notified of certain changes to existing City contracts valued over $1 million to ensure expansions adhere to Stated Meeting June 18, 2020 standards."
There are no other bills or resolutions being offered by the members today, Mr. President.
Thank you very much. Our next order of business is reports from committees, and the Chair now recognizes Councilwoman Parker for a report from the Committee of the Whole.
Thank you, Mr. President. The Committee of the Whole reports out seven bills and one resolution with a favorable recommendation.
Thank you. Mr. Decker, will you please read the report.
To the President and members of the Council of the City of Philadelphia, the Committee of the Whole, Stated Meeting June 18, 2020 Bill No. 200285, entitled "An ordinance to adopt a Capital Program for the six Fiscal Years 2021 through 2026 inclusive"; and Bill No. 200286, entitled "An ordinance to adopt a Fiscal 2021 Capital Budget"; and Bill No. 200287, entitled "An ordinance adopting the Operating Budget for Fiscal Year 2021"; and Bill No. 200288, entitled "An ordinance amending Chapter 19-1200 of The Philadelphia Code, entitled 'Parking Tax,' by revising certain tax rates"; and Bill No. 200290, entitled "An ordinance amending Chapter 19-2600 of The Philadelphia Code, entitled 'Business Income and Receipts Taxes,' by revising certain tax rates"; and Bill No. 200291, entitled "An ordinance amending Chapter 19-1500 of The Philadelphia Code, entitled 'Wage and Net Profits Tax,' by revising certain tax rates"; and Stated Meeting June 18, 2020 200292, entitled "An ordinance amending Chapter 19-1300 of The Philadelphia Code, entitled 'Real Estate Taxes,' to eliminate the discount for early payment of real estate taxes"; and Resolution No. 200331, entitled a "Resolution approving the Director of Finance's Budget Stabilization Reserve Fund Withdrawal Certification for purposes of allowing utilization of $34,276,000 in the Reserve Fund for General Fund purposes in connection with the FY2021 Operating Budget," respectfully reports it has considered the same and returns the attached bills and resolution to Council with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilwoman Parker.
Thank you, Mr. President. I move that the rules of Council be suspended so as to Stated Meeting June 18, 2020 day of Bill Nos. 200285, 200286, 200287, 200288, 200290, 200291, and 200292. (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. 200285, 200286, 200287, 200288, 200290, 200291, and 200292. All those in favor will say aye. (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar for today. Our Resolution No. 200331 will be placed on the Final Passage Calendar at our next session of Council. The Chair now recognizes Stated Meeting June 18, 2020 report from the Committee on Rules.
Thank you, Mr. President. The Committee on Rules reports out four bills with a favorable recommendation.
Thank you. Mr. Decker, will you please read the report.
The Committee on Rules, to which was referred Bill No. 200183, entitled "An ordinance approving the ninth amendment to the redevelopment proposal for the Point Breeze Urban Renewal Area, being the area generally bounded by Washington Avenue, South Twenty-Fifth Street, Reed Street, the rear property lines of the 1400 and 1500 block of South Taylor Street, Tasker Street, South 25th Street, Moore Street and South Broad Street, including the ninth amendment to the urban renewal plan, which provides, inter alia, for Stated Meeting June 18, 2020 it consistent with the Point Breeze Redevelopment Area Plan and generally consistent with the most recent Comprehensive Plan approved by the City Planning Commission of the City of Philadelphia"; and Bill No. 200346, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 56th Street, Arch Street, Conestoga Street, and Market Street"; and Bill No. 200349, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' to amend certain provisions of Chapter 14-500, entitled 'Overlay Zoning Districts,' by creating the '/AME, American Street Overlay District'"; and Bill No. 200350, entitled "An ordinance amending the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land Stated Meeting June 18, 2020 bounded by Norris Street, American Street, Berks Street, and 3rd Street; and amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' to amend certain provisions of Chapter 14-500, entitled 'Overlay Zoning Districts,' by creating the '/BNA, Berks and American Overlay District,'" 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 Johnson.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bills No. 200183, 200346, 200349, and 200350. (Duly seconded.)
Thank you. It has been moved and Stated Meeting June 18, 2020 rules of Council be suspended so as to permit first reading this day of Bills No. 200183, 200346, 200349, and 200350. 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. The Chair now recognizes Councilman Green for a report from the Committee on Finance.
Thank you, Council President. The Committee on Finance reports out one bill with a favorable recommendation.
Thank you. Mr. Decker, can you please read Stated Meeting June 18, 2020
The Committee on Finance, to which was referred Bill No. 200347, entitled "An ordinance amending Chapter 19-3200 of The Philadelphia Code, entitled 'Keystone Opportunity Zone, Economic Development District, and Strategic Development Area,' to provide for additional extensions of certain benefits, for the purposes of facilitating economic recovery from the COVID-19 pandemic," 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 Green.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill No. 200347. Stated Meeting June 18, 2020 (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. 200347. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and this bill will be placed on our First Reading Calendar today. The Chair now recognizes Councilwoman Parker for a report from the Committee on Law and Government.
Thank you, Mr. President. The Committee on Law and Government reports out seven bills and three resolutions with a favorable Stated Meeting June 18, 2020
The Committee on Law and Government, to which was referred Bill No. 200076, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter calling on the Police Department to eliminate the practice of unconstitutional stop and frisk, as approved by Resolution of the City Council"; and Bill No. 200208, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of an amendment to The Philadelphia Home Rule Charter providing for the creation of the Office of the Victim Advocate, as approved by Resolution of the City Council"; and Stated Meeting June 18, 2020 200328, entitled "An ordinance amending The Philadelphia Code to add a new Chapter, entitled 'Employee Protections in Connection with COVID-19 Emergency Health Order,' to provide workplace protections in emergency health orders and regulations, provide protections for employees against retaliatory actions both for the disclosure of information related to employer non-compliance with such orders and for refusal to work under unsafe conditions caused by non-compliance with such orders"; and Bill No. 200355, entitled "An ordinance amending an ordinance (Bill No. 180293), entitled 'An ordinance authorizing the revision of lines and grades on a portion of City Plan Nos. 34-S and 41-S by striking from the City Plan and vacating the legally open portions of Packer Avenue from Christopher Columbus Boulevard to the Pierhead Line of the Delaware River and Stated Meeting June 18, 2020 the City Plan a right-of-way for sewer and drainage purposes"; and Bill No. 200363, entitled "An ordinance amending Section 20-101 of The Philadelphia Code, entitled 'Residence Requirements,' by restoring the requirement that no person shall be appointed as an employee in the civil service, including but not limited to police officers, unless he or she has been a bona fide resident of the City for at least one year prior to appointment"; and Bill No. 200367, entitled "An ordinance providing for the submission to the qualified electors of the City of Philadelphia of the proposal set forth in a Resolution approved by Council proposing an amendment to The Philadelphia Home Rule Charter relating to the creation of the Citizens Police Oversight Commission"; and Bill No. 200370, entitled "An Stated Meeting June 18, 2020 Commissioner, on behalf of the City, to enter into a concession agreement with Bicycle Transit Systems, Incorporated for the operation, maintenance and expansion of a bicycle sharing system, an essential service during the COVID-19 period"; and Resolution No. 200080, entitled a "Resolution proposing an amendment to The Philadelphia Home Rule Charter calling on the Police Department to eliminate the practice of unconstitutional stop and frisk"; and Resolution No. 200216, entitled a "Resolution proposing an amendment to The Philadelphia Home Rule Charter providing for the creation of the Office of the Victim Advocate"; and Resolution No. 200377, entitled a "Resolution proposing an amendment to the Philadelphia Home Rule Charter to provide for the creation of a Citizens Police Oversight Commission, and to authorize City Council by ordinance to Stated Meeting June 18, 2020 composition, powers, and duties of the Commission; and providing for the submission of the amendment to the electors of Philadelphia," respectfully reports it has considered the same and returns the attached bills and resolutions to Council with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilwoman Parker.
Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 200076, 200208, 200328, 200355, 200363, 200367, and 200370. (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. Stated Meeting June 18, 2020 200076, 200208, 200328, 200355, 200363, 200367, and 200370. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and these bills will be placed on our First Reading Calendar for today. Resolutions No. 200080, 200216, and 200377 will be placed on the Final Passage Calendar at our next session of Council. The Chair now recognizes Councilman Thomas for a report from the Committee of Streets and Services.
Thank you, Council President. The Committee on Streets and Services reports out two bills with a favorable recommendation.
Thank you, Councilman. Stated Meeting June 18, 2020 Decker, please read the report.
The Committee on Streets and Services, to which was referred Bill No. 200351, entitled "An ordinance authorizing the operation of sidewalk cafes during the COVID-19 emergency until December 31, 2020 in areas of the City where such activity currently must be otherwise authorized by special ordinance, and allowing expanded activity by currently licensed sidewalk cafe operations"; and Bill No. 200352, entitled "An ordinance amending Chapter 11-100 of The Philadelphia Code, entitled 'General Provisions,' to authorize the Streets Department to permit closure of the public right-of-way, including on street parking spaces, for public health, welfare and safety purposes during the COVID-19 public health emergency until December 31, 2020, including expansion of business uses that cannot operate in Stated Meeting June 18, 2020 limited indoor capacity and/or service due to the COVID-19 emergency," 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 Thomas.
Thank you, Council President. I move that the rules of Council be suspended so as to permit first reading this day of Bills No. 200351 and 200352. (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 200351, 200352. All those in favor indicate by saying aye. Stated Meeting June 18, 2020 (Aye.)
The ayes have it, and 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.
Thank you, Mr. President. The Committee on Commerce and Economic Development reports out two bills with a favorable recommendation.
Thank you. Mr. Decker, please read that report.
The Committee on Commerce and Economic Development, to which was referred Bill No. 200293 entitled "An ordinance amending Chapter Stated Meeting June 18, 2020 17-1400 of The Philadelphia Code, entitled 'Non-Competitively Bid Contracts; Financial Assistance,' by making revisions, including but not limited to, the exception for emergency contracting"; and Bill No. 200344, entitled "An ordinance amending Title 9 of The Philadelphia Code to create a new Chapter 9-5000, entitled 'Food Delivery Services,' to regulate third-party food delivery services, require certain disclosures to consumers, and provide for a limitation on certain fees charged to consumers," 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 Squilla.
Thank you, Mr. President. I move that the rules of Stated Meeting June 18, 2020 as to permit the first reading this day of Bill Nos. 200293 and 200344. (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. 200293 and No. 200344. 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. The Chair now recognizes Councilwoman Bass for a report from the Committee of Public Health and Human Services. Stated Meeting June 18, 2020
Thank you, Mr. President. The Committee reports one bill from the Committee on Public Health and Human Services with a favorable recommendation.
Thank you. Mr. Decker, please read that report.
The Committee on Public Health and Human Services, to which was referred Bill No. 200306, entitled "An ordinance amending Chapter 9-4100 of The Philadelphia Code, entitled 'Promoting Healthy Families and Workplaces,' by adding new definitions and requirements to ensure that certain health care employees are compensated for lost wages and medical expenses in the event they contract a communicable disease at work during a pandemic or epidemic event," respectfully reports it has considered and amended the same and returns the attached bills to Council Stated Meeting June 18, 2020
Thank you. The Chair again recognizes Councilwoman Bass.
Thank you, Mr. President. I move that the rules of Council be suspended to permit first reading of Bill No. 200306 today. (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. 200306. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and this bill will be Stated Meeting June 18, 2020 2ND READING placed on our First Reading Calendar today. That concludes our reports from committee, and our next order of business is 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. Those bills will be placed on our Second Reading and Final Passage Calendar at our next session of Council. There are no other additional bills on our First Reading Calendar today, so today we only are considering those legislative matters on the Second Reading and Final Passage Calendar that directly pertain to the COVID-19 crisis or that require expedited action to continue essential government function. There are several matters on the Calendar that meet these criteria. The prime sponsors of those matters have communicated their desire to have them considered today. Stated Meeting June 18, 2020 2ND READING I, therefore, recognize Councilwoman Parker for the purpose of calling up those matters from the Second Reading and Final Passage Calendar.
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. 200296, 200297, 200298, 200299, 200300, 200329, 200330, 200294, 200295, 200302, 200304, and 200305. All other resolutions and bills are being held.
Thank you, Councilwoman. So before considering these resolutions and bills, we will consider public comment, and it will go as follows: Under normal circumstances, public comment must concern matters of the Second Reading and Final Passage Calendars for possible action at a session of Council. Stated Meeting June 18, 2020 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, your phone number, and the number of the legislative item you are commenting on and whether you are in support or against the legislation to add to the list. At the appropriate time, we will telephone each person on the list during the Council session and invite them to our remote meeting. Under ideal circumstances, you would normally have three minutes, but given the existing situation, we are going to impose a two-minute time limit. We have a significant number of individuals testifying today, so I ask you please to adjust your testimony to reflect a two-minute limit. What I would like to do, we will make sure that you know when your Stated Meeting June 18, 2020 two minutes is approaching, so we will have a timer. A bell will ring at approximately 30 seconds prior to the two-minute limit so you can wrap up your remarks. We thank you very much for your anticipated cooperation with these rules that have been established as a result of our current condition. Once your allotted time has passed, you will be asked to conclude your remarks, and 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 in the same manner and to limit the scope of the testimony to only certain items on the agenda during this particular emergency. So thank you very much. The legislative matters today, your testimony is only limited to the bills that were called up by Councilwoman Parker. Stated Meeting June 18, 2020 So we will now reach out. We're going to take a brief moment to allow the tech support to tee up the calls. I'm told that there is a timeline that they need to adequately time and tee up those individuals. So we'll take around five minutes and then we will continue when notified by tech support. One last thing, I just want everyone to be aware that this is a public meeting and it's being recorded. So because the meeting is public, participants and viewers have no reasonable expectation of privacy. So by continuing to be in the meeting, you are consenting to being recorded. So I would ask Mr. Decker at the appropriate time, once we get the tech support teed up, we will start calling the names. (Pause.)
Thank you. Thank you very much. We are ready for our public comment session, so Stated Meeting June 18, 2020 hopefully you all are connected and ready to go. I will now ask the Chief Clerk, Mr. Decker, to please read the first name on our list.
Yes, we can. Good morning. Please proceed with your testimony.
Good morning, City Council. What I choose to speak on was the bills pertaining to -
Just state your name for the record, please. I'm sorry.
What I wish to speak on was basically the bills Stated Meeting June 18, 2020 concerning the relief to be provided to tenants concerning their ability to pay their rent. The bills are 200305, 200294, 200295, and 200302. I do support these bills, and hoping that they provide relief to the tenants. While I'm sitting on this phone listening to City Council, I'm going to make this comment. I'm appalled at the number of bills that you people are trying to pass under the goals of the pandemic. How do you expect people to read all these bills you be bringing up here and be on top of these things? This is very nefarious activity by City Council by sending these bills. I know what I'm supposed to speak on, but I'mma speak on this, because I have never seen such a list of bills in my life. And then you expect the public to comment on these bills when you not even having session? And you don't even know when the sessions are being held for committees to even speak Stated Meeting June 18, 2020 on these bills? I mean, this is really a shame. I mean, I'm appalled at these activities. And you know that you also had an all-night session last night. I don't know what the hell you doing at an all-night session, but I'm flabbergasted. How can you be passing all of these bills? Must have been at least 30 bills I sat here writing down on my paper. Okay? I know I'm supposed to speak on the bills. I already told you the bills that I approve, okay, but I'm just really appalled at the number of bills that you trying to squeeze through City Council using COVID as a coverup to pass a lot of bills that you know the public didn't have access to, can't get access to. How we going to fight this? I don't know, but I'm really -- (inaudible) right now. No, I can't. This is just too much for me to handle.
Yes, we can. Please state your name for the record and proceed with your testimony.
My name is Adam Butler. This testimony is in regards to Bill 200350. I'm a volunteer at the Cesar Andreu Iglesias Garden, which is located in the proposed overlay district that this bill would create. The garden was created by neighbors to provide food and a gathering place in an area that has been completely neglected by the City for decades. Unchecked new construction has already been devastating to this particular area. Dozens of families have Stated Meeting June 18, 2020 been displaced in the past year as predatory developers acquired property, neglected real estate, and ignored the pleas of neighbors upset about the impact of construction on their homes and open spaces. This is a spot zoning bill by the Planning Commission's own description, and it shouldn't be under consideration. It is clearly designed to benefit -- it is clearly designed to benefit a development project that will be led by Scannapieco Development, who has no apparent experience in this neighborhood. There has been no community involvement in the planning process, and introducing the zoning variance without, at a minimum, giving neighborhoods an opportunity to respond to a specific plan is totally unacceptable, pandemic or not. If indeed there will be an affordable housing component in this program, the neighbors would like to have Stated Meeting June 18, 2020 input on how that will be defined, who will benefit, and how that commitment will be guaranteed by the stakeholders. In addition, the introduction of a 200-foot structure in this neighborhood is a radical change and should include proactive community discussions. Scannapieco, APM, and the Councilperson Sanchez's office proposed that a huge disposition of this property be given away earlier this year. We opposed it, and the Land Bank agreed to delay. The Planning Commission heard testimony on this, voted to delay, and the Rules Committee overruled them. The conversation has still not happened in the community, and seeing a zoning bill come forward without any notice to the neighbors who will be impacted has enhanced the feeling among the neighbors that these projects will happen whether anyone in the neighborhood wants them to Stated Meeting June 18, 2020 happen or not. Council should not allow it. I am limited in time and I have a lot more to say, and I'll leave you with this: Stop treating us like we are stupid. Everyone understands when we are being manipulated. Tear down every racist statue. Abolish the tax abatement. De-fund the PPD, and save our neighborhoods.
This is Kevin Moyer on the record. Can you hear me? Stated Meeting June 18, 2020
Yes. Good morning. Just state your name for the record and proceed with your testimony.
Good morning. Kevin Moyer. I'll be speaking on behalf of a few of the housing bills, starting with 200295. This is the eviction moratorium extension. I ask that City Council clarify when the action is in regard to this bill. It's currently unclear what constitutes an action as far as it should be unlawful for a landlord to take any steps in furtherance. So what those steps may be. Number two, this bill should include some kind of requirement on the tenants' end to provide some kind of proof that they are affected negatively by COVID, be it financially or through the illness. Right now it requires nothing on the end of tenants. So even tenants that are perfectly (background Stated Meeting June 18, 2020 noise) are unaffected by this. Number three, fund it. If it's so important to City Council that tenants not be particularly hurt, we understand that, but it needs to be funded by the City. (Background noise) Bill No. 200305, I want to read Article I, Section 17 of the Pennsylvania Constitution regarding ex post facto law. No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant or special privileges, shall be passed. This law is unconstitutional. It will be challenged. I urge City Council not to try to ex post facto affect private contracts. This is the one that admits for a year-long repayment plan. This is essentially the same as requiring grocery stores to give out carts of groceries in exchange for IOU's or telling credit card companies that they must waive payments for essential goods for a year. You're Stated Meeting June 18, 2020 putting all the costs on the property owners, and I urge City Council to fund these programs and pay the owners what they're rightfully due if it's so important for them to continue. Those are my comments. Thank you.
Good morning. Please state your name for the record and please proceed with your testimony.
Yeah. My name is Vik Patel. I'm an attorney at the Housing Unit at Community Legal Services. I'm here speaking in support of the bills in the Emergency Housing Protections Act. First, though, I'd like to express gratitude to all the Stated Meeting June 18, 2020 Councilmembers who have supported these bills and to the sponsors, especially Councilmember Gym, Brooks, Gauthier. Every day all of us that work as part of the Philadelphia Eviction Prevention Project receive numerous calls from renters who are struggling right now because of the pandemic. Numerous renters have lost their jobs, and even though they've applied for unemployment compensation, they have not received what they qualified for, especially right now, because the state has closed down the dispersal of payments. So rental assistance has only reached a small portion of the renters that need it. The City's CERA program approved rental assistance for 4,000 households, for which we're very thankful for the City for, but this only accounts for a small percentage of the households that need rental assistance. The state also has its own rental assistance program, but this isn't Stated Meeting June 18, 2020 even going to start taking applications until next month, and won't even start paying out until later after that. Right now the money to provide landlords with back rents and renters with stable housing isn't there yet. These bills will give renters and landlords the time necessary to access that $150 million that the state has allocated for rental assistance. Also give renters and landlords the structure through the diversion program to resolve disputes and negotiate reasonable payment agreements while also preventing renters from drowning in mounting late fees and protect them from illegal lockouts. Now, this pending wave of evictions, it's not going to hit all Philadelphians equally because of systemic racial inequality. Philadelphia's black community has been affected most by housing instability before the pandemic. During the pandemic, it was once again hit the Stated Meeting June 18, 2020 hardest, and if these bills don't pass, it's going to be hit once again because of our inaction. I urge you, please, pass these bills for the sake of the City and everyone affected by the pandemic.
I just want to remind everyone just on the call you have a two-minute time limit.
Good morning, Councilmembers. My name is William Lublin. I am a Philadelphia native, a real estate professional for almost 50 years, a property management professional, and the owner of numerous properties in the City of Philadelphia. I would speak against the bills known Stated Meeting June 18, 2020 together as the EHPA, Bills 294, 95, 301, 302, 304, and 305. While I believe they are well-intentioned, they can be devastating to the owners and operators of rental properties and penalize those individuals and businesses disproportionately, many of whom are small investors with only one or two properties or elderly retirees relying on rental income to support their families or provide their retirement income. Rational property owners don't want to evict anyone. The time and costs are too great. They always result in a business loss for the property owner, and almost any property owner I have ever met in 50 years would rather have a tenant making some sort of periodic payment plan than have to spend money to evict them, absorb the lost rent, pay to renovate the house to clean out the items that are left behind that's too heavy for the tenants to carry, and then be forced to Stated Meeting June 18, 2020 take 30 to 60 to 90 days to re-rent the unit. Obviously there are more tenants than landlords, and while society has long vilified the landlord and previous testimony of tenants before Council painted pictures of rapacious landlords and victimized tenants, not every landlord is vicious and every tenant is not a victim. Property owners are important to the City. In February of this year, I sent checks for almost $400,000 to the City of Philadelphia for 2020 real estate taxes, and I am certainly not alone. Property owners generate billions of dollars in revenue for the City. The City also looks to landlords to pay water and sewer rents even when they are the responsibility of the tenants and no rent is being received. These ordinances place the burden of housing the tenants on the back of the property owners, without providing Stated Meeting June 18, 2020 them any source of relief or recovery from additional fees charged by the City during these periods of non-payment. Owners are still liable for mortgage payments and late fees. They may face foreclosure on the individual properties or foreclosure on their primary residences. Tenants that are not paying rent typically are not maintaining the property and are not maintaining the property -
Sir, if you can kind of wrap it up, because your time is up.
Okay. All I'm asking is that the considerations of the ordinances would be more practical if there was a balanced approach and some input from trade associations, landlord organizations as well to perhaps help the City provide some relief to these property owners while protecting the tenants that are also victims of the pandemic. Stated Meeting June 18, 2020 Thank you very much for your time and for the good work that you guys are trying to do however you pass these.
Yes, we can hear you, Mr. Gould. Please proceed.
Good morning. My name is George Gould, and I thank you for giving me the opportunity to be here. I will speak about the five emergency Stated Meeting June 18, 2020 housing protection bills up for final passage. I'm a senior attorney at Community Legal Services. I have worked with many of you on many important housing legislation over many years. These bills certainly fit that category. I'd like to thank Councilpersons Gauthier, Brooks, and Gym and their staff and other Councilpersons and their staff for all their hard work on these tremendously important bills. The eviction moratorium bill will extend the moratorium when the bill is passed up until August 31st, unless the tenant is causing imminent threat or harm. The eviction diversion bill will create a diversion program requiring a conciliation conference between the landlord and tenant prior to filing the eviction action. I have been very involved -- I was very involved in the creation of the Stated Meeting June 18, 2020 Mortgage Foreclosure Diversion Program with Judge Rizzo, and this program will save many homes. It was mentioned that there is going to be a state rental assistance program, although it might not be for a while. Hopefully this will be part of the eviction diversion, and what will happen is landlords will get the money that they are owed. The illegal lockout bill will amend the current law and allow tenants to bring civil action for illegal lockouts and be able to restore possession, damages, and attorneys' fees and costs. The hardship repayment bill would require landlords to agree to enter into repayment agreements, which would have the tenant begin paying the full amount due after August 31st and pay their arrearages over a nine-month period. I believe despite the previous testimony, that this is very reasonable. Stated Meeting June 18, 2020 Finally, the waiver of late fees. A landlord will not be able to charge late fees and interest on back rent during the COVID emergency period. Again, I thank you for working on these important bills. They are needed very, very much.
Because what will happen if nothing is passed, there's going to be an amazing amount of chaos in this city with tenants being evicted without being able to pay and landlords getting their bills.
I'll remind speakers to use star 6 to unmute Stated Meeting June 18, 2020 yourselves.
Yes, we can. State your name for the record and proceed with your testimony.
Good morning. My name is Jacob Speidel. I'm the Director of Tenant Rights at SeniorLAW Center. I'm speaking in support of the five emergency housing bills. At SeniorLAW Center, we provide free legal assistance to thousands of seniors each year, including to victims of elder abuse and financial exploitation, elders facing housing crises and homelessness, and grandparents raising grandchildren. We support these five bills as a small step, part of a balanced approach to respond to this unprecedented crisis and address a coming avalanche of evictions. COVID-19 has not gone away. If Stated Meeting June 18, 2020 people are forced into unsafe living situations, we can expect another wave in infection and for more vulnerable seniors to die. With this package of bills, tenants will still owe rent. Landlords will still be entitled to rent. What these bills do is, they create an orderly process and time for tenants to get back to work, for tenants to receive back unemployment benefits and government assistance, and to use this money to pay their landlords the rent that is owed. Money is coming. There are, as you've already heard, $150 million that have been allocated by the state, and we certainly hope to see other assistance potentially from the City. Tenants who are looking to move need time for the rental market to open up again and allow people to move. People can't move, because nobody is moving. Please pass this package of Stated Meeting June 18, 2020 five bills.
The next speaker is Victor Pinckney. You need to use star 6 to unmute yourself. Victor Pinckney.
Yes, we can. Please state your name for the record and proceed with your testimony.