Dec 9, 2021 Stated Meeting December 9, 2021 COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Via Microsoft Teams Philadelphia, Pennsylvania Thursday, December 9, 2021 10:19 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 Dec 9, 2021 Stated Meeting December 9, 2021
Thank you, and good morning to everyone. Thank you so much for being here. Before we begin the Council session today, I'm just going to make a couple of following announcements. Due to the continuing threat to public health from COVID-19 and the delta variant, 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, the Inquirer, and the Legal Intelligencer prior to the meeting. It can also be found on PHLCouncil.com. I now note that the hour has come. The Clerk will please call the roll to take attendance, and members that are in attendance, just say a couple of words to make sure that your image is displayed on the screen. Dec 9, 2021 Stated Meeting December 9, 2021 Decker, please call the roll.
I am present. I am present. Thank you. I apologize. I'm having difficulties this morning, technical difficulties, but I am present. Thank you.
I'm present. Dec 9, 2021 Stated Meeting December 9, 2021
Good morning, Council President and colleagues and the listening public.
Good morning, Council President and colleagues and Philadelphia. Present.
Good morning, Council President. Good morning, colleagues.
Good morning. Dec 9, 2021 Stated Meeting December 9, 2021
Good morning, Council President. Good morning, colleagues. Good morning to the City of Brotherly Love and Sisterly Effectiveness.
Good morning, Council President. Good morning, colleagues. I'm present.
Good morning, Council President. Good morning, colleagues. I am present.
Good morning, Council President. Good Dec 9, 2021 Stated Meeting December 9, 2021 morning, colleagues. Sending out prayers to all families who have lost their loved ones to senseless gun violence.
Good morning, President. Good morning, colleagues. Good morning, Philadelphia.
Good morning, Council President. Good morning, colleagues. I'm present.
Good morning, Mr. President and colleagues and Philadelphia.
Good morning, Council President. Good morning, colleagues. I am present.
Good morning, Council President, colleagues. Present.
Good morning, Council President. Good Dec 9, 2021 Stated Meeting December 9, 2021 morning, colleagues. Good morning to the listening public. I'm present.
And good morning and present, and good morning to everyone. To give our invocation this morning, the Chair recognizes Pastor Nicholas O'Rourke of the Living Water United Church of Christ. He is here today as the guest of Councilwoman Brooks. I would ask all members and guests to please bow your heads for the invocation.
Good morning, Council President. Good morning, City Council. Good morning, Philadelphia. Saint Theophan the Recluse reminds us that prayer is the breath of the soul. Dec 9, 2021 Stated Meeting December 9, 2021 One, the words of Alfred, Lord Tennyson in his piece Ulysses are brought to my remembrance this morning. Even as the light begins to twinkle from the rocks, the long day wanes, slow moon climbs, the deep moans round with many voices saying, come, my friends, tis not too late to seek a newer world. We, like most people, mistake the limits of our minds with the limits of the world, more so the limits of the world with the limits of you, God. Help us to know the difference, even when others don't. When we think on it, we can see that precisely in that difference is where the work of these leaders is found and nourished. Help us to overcome whatever limiting beliefs, anxieties, or fears they may quietly harbor, that they might recognize that it's past time for us to overcome our fear of freedom, that it's high time to begin forging freedom Dec 9, 2021 Stated Meeting December 9, 2021 and space and resources and relationships that they currently have. Help them, each and every one of them, to see freedom, liberty, and justice as the goal of their leadership and their legislating, as the goal of their street naming and their bridge naming, and help us to hear the words of Bishop Romero, who says that there are many things that can only be seen through the eyes of those who have cried. So may all of them have the grace and wisdom to act kindly, learn to distinguish between what is personal and what is not. May they be hospitable to criticism. May they never put themselves at the center of things. May they act not from arrogance but out of service. May they work on themselves, as we all must, building up and refining the ways of their mind. May those who work for them, their staff, know that they are seen and respected by these leaders. May Dec 9, 2021 Stated Meeting December 9, 2021 the art of presence in order to engage with those who they meet. When someone fails them, as will happen, or disappoints them, as is sure to happen, may the graciousness with which they engage be their stairway to renewal and refinement. May they treasure the gifts of the mind through reading and creative thinking so that they can continue as a servant of the frontier. May the new wheel draw its enrichment from the old, and may they never become just a functionary. May they know the wisdom of deep listening, the healing of wholesome words, the encouragement of that appreciative gaze that they gave, the decorum of held dignity, the springtime edge of the bleak question. May they have a mind that loves frontiers so that they can evoke the bright fields that lie beyond the view of the regular eye. Dec 9, 2021 Stated Meeting December 9, 2021 have good friends to mirror their blind spots, and may leadership be for them a true adventure of growth. These things we pray in the many names in which you are recognized, Holy One, and we say amen. (Amen.)
Thank you so much, Pastor. We really appreciate you being here today. Thank you. The next segment and our next order of business is the approval of the Journal of the meeting of Thursday, December the 2nd, 2021, and the Chair recognizes Councilman Squilla.
Thank you, Mr. President. I move that the Journal of the meeting on Thursday, December 2nd, 2021 be approved. (Duly seconded.)
Thank you. It has been moved and Dec 9, 2021 Stated Meeting December 9, 2021 Journal of the meeting of Thursday, December 2nd, 2021 stand approved. All in favor indicate by saying aye. (Aye.)
The ayes have it, and our Journal is approved. And our next order of business 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 for leaves of absence today.
Thank you. The Chair thanks the Councilwoman. And, again, the Chair recognizes Councilwoman Parker for a Dec 9, 2021 Stated Meeting December 9, 2021 certain legislative matters that may arise during the course of today's session of Council and that were not listed on the Calendar circulated prior to today's session.
Thank you, Mr. President. I move that any of the following matters, if considered today, be added to the agenda for this session of Council and, as required by law, subsequently published on an amended agenda after the consideration of those matters: resolutions authorizing hearings, amendments to bills on first reading, the reconsideration of a bill vetoed by or re-called from the Mayor, resolutions taking substantive action to be voted on in this session, a motion to withdraw a bill or resolution that is not on the Calendar, and a motion placing a bill or resolution on or returning a bill or resolution from the Suspension Calendar that is not listed on today's Calendar. Dec 9, 2021 Stated Meeting December 9, 2021 of this motion is to provide the public with notice concerning possible actions by Council that arose too late to be included on the Calendar that was published prior to today's session. (Duly seconded.)
Can someone mute themselves. Thank you. Thank you. It has been moved and properly seconded that the legislative matters stated by Councilwoman Parker be added to the agenda for today, should those matters arise during the course of the session of Council. All in favor indicate by saying aye. (Aye.)
The ayes have it and the motion carries. Dec 9, 2021 Stated Meeting December 9, 2021 --
Mr. President, I'm sorry. I just wanted to note for the record that if people could make sure that they are on mute. The President just asked that, but someone was still off of mute. Thank you so much.
Thank you, Councilwoman. Thank you. Our next order of business is communications, and, Mr. Decker, please read the messages from the Mayor and any other communications that you may have in your possession.
From the Mayor to the President and members of the Council of the City of Philadelphia, I am pleased to advise you that on December 8, 2021, I signed the following bills which were passed by Council at its session on December 2, 2021: Bill No. 210776 and 210900. And I am transmitting for the Dec 9, 2021 Stated Meeting December 9, 2021 body 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 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 Redevelopment Authority to transfer to the Philadelphia Land Bank fee simple title to such properties; and A resolution reappointing Bernie A. Prazenica to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; and A resolution reappointing Jay S. Feldstein to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion; and A resolution confirming the appointment of Sophia Lee as a member of Dec 9, 2021 Stated Meeting December 9, 2021 the Board of the Philadelphia Energy Authority, to serve in the term ending January 1, 2023, 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 for the next session of Council, unless they are being referred to committee. In our current remote environment, this procedure will provide the appropriate opportunity for public comment. I want to thank you very much in advance for your anticipated cooperation. Mr. Decker, please read the titles of the legislation that is being offered today by our members.
Yes, Dec 9, 2021 Stated Meeting December 9, 2021 Mr. President. Councilwoman Parker offers nine resolutions. On behalf of Council President Clarke, a resolution recognizing and congratulating WHYY and the News and Information Community Exchange collaborative on their steadfast commitment to diversify local news sources, and empower local, BIPOC, and underserved communities through grassroots news.
And a resolution authorizing -- also on behalf of Council President Clarke, a resolution authorizing the Philadelphia Land Bank to dispose of 2929 North 13th Street located in the 5th Councilmanic District.
On behalf of Council President Clarke, a resolution authorizing the Philadelphia Dec 9, 2021 Stated Meeting December 9, 2021 Redevelopment Authority to execute and deliver to the Philadelphia Land Bank deeds conveying title to certain properties located in the Fifth Councilmanic District; and On behalf of Council President Clarke, a resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority deeds conveying fee simple title to 1335 North 8th Street, 1401 North 8th Street, and 1402 North 30th Street.
And on her own behalf, Councilwoman Parker offers a resolution honoring Philadelphia VIP on the Special Occasion of its Fortieth Anniversary.
And a resolution honoring the Philadelphia Lawyers for Dec 9, 2021 Stated Meeting December 9, 2021 Social Equity on the Special Occasion of its Tenth Anniversary.
And a resolution commending Patricia Wilson Aden on her Appointment as President and CEO of the Greater Philadelphia Cultural Alliance.
And a resolution honoring the Local Initiatives Support Corporation on the Special Occasion of its Fortieth Anniversary.
And a resolution commending The Black Promoters Collective on their official formation as a 100 percent Black-owned organization.
Councilwoman Gilmore Richardson offers, on behalf of Dec 9, 2021 Stated Meeting December 9, 2021 Council President Clarke, a resolution also naming the 1500 block of West Cabot Street from 15th Street to 16th Street, "Vivian VanStory Way" to honor and commemorate the life of Vivian VanStory and her lasting impact on her North Philadelphia community.
Also on behalf of Council President Clarke, a resolution also naming the 2500 block of West Stewart Street from 25th Street to 26th Street, "Warren McMichael Way" to honor and commemorate the life of Warren McMichael and his lasting impact on the Brewerytown-Sharswood community.
Councilman Jones offers five resolutions, entitled a "Resolution recognizing and honoring Terrence Foley for fifteen years of committed service as the President and Dec 9, 2021 Stated Meeting December 9, 2021 Chief Executive Officer of the City Avenue Special Services District of Philadelphia in the 4th Councilmanic District."
And a resolution recognizing and honoring the legendary sports journalist Donald Hunt on the occasion of his retirement after over thirty years of writing for the Philadelphia Tribune.
And a resolution recognizing and honoring Al Schmidt for his 10-year tenure as a Philadelphia City Commissioner, and wishing him well as he begins a new chapter in his career as President and Chief Executive Officer of the Committee of Seventy.
And a resolution Dec 9, 2021 Stated Meeting December 9, 2021 reappointing Jay S. Feldstein to the Board of Directors of the City Avenue Special Services District of Philadelphia.
And a resolution reappointing Bernie A. Prazenica to the Board of Directors of the City Avenue Special Services District of Philadelphia and Lower Merion.
Councilman Johnson offers three resolutions, entitled a "Resolution authorizing the Special Committee on Gun Violence" to Prevent -- I'm sorry. "Authorizing the Special Committee on Gun Violence Prevention to conduct hearings to examine the correlation between domestic violence and gun violence."
This week's Calendar. Dec 9, 2021 Stated Meeting December 9, 2021
And a resolution calling on the General Assembly to prohibit the use of deadly force to make a citizen's arrest.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Redevelopment Authority deeds conveying fee simple title to 1306, 1308, 1310, 1312 and 1329 South 21st Street, 1303 South 23rd Street, 1306 South 28th Street, 1213 South Bonsall Street, 1148 South Cleveland Street, and 2632 Ellsworth Street.
Councilwoman Brooks offers one resolution, entitled a "Resolution recognizing the work and contributions of labor and grassroots community activist Ronald Whitehorn, whose leadership and mentorship has Dec 9, 2021 Stated Meeting December 9, 2021 inspired generations of activists and leaders in the City of Philadelphia."
Councilwoman Gauthier offers one resolution, entitled a "Resolution designating Tuesday December 21, 2021 as National Homeless Persons' Memorial Day in the City of Philadelphia."
Councilman Squilla offers one resolution, entitled a "Resolution honoring, congratulating, and thanking Frank DiCicco on the occasion of his retirement from the Zoning Board of Adjustment and his many years of service to the citizens of Philadelphia."
Councilman Oh offers one resolution, entitled a "Resolution proclaiming January 13, 2022 Dec 9, 2021 Stated Meeting December 9, 2021 in Philadelphia to celebrate and commemorate the proud heritage of Korean Americans and their invaluable contributions to enhance the City's culture, economy, and the founding ideals of independence and democracy."
There are no other bills or resolutions being offered today by the members, Mr. President.
Thank you very much, Mr. Decker. And our next order of business is reports from committees, and the Chair recognizes Councilman Johnson for a report from the Committee on Rules. (No response.)
Thank you, Council President. Dec 9, 2021 Stated Meeting December 9, 2021
Thank you. Thank you, Madam Chair. Council President, I move that the rules of Council be suspended so as to permit first reading of this day of Bills Nos. 210899, 210922, and 210926.
Councilman, just report the bills out first with a favorable recommendation.
Thank you, Council President. I move that the rules of Council be suspended so as to permit first reading of this Bill Nos. 210899, 210222, and 210926.
Mr. President and Councilmember Johnson, we just report the three bills out with a favorable recommendation.
I missed that. I apologize. Thank you, Council President. The Committee on Rules reports out three bills with a favorable recommendation. Dec 9, 2021 Stated Meeting December 9, 2021
To the President and members of the Council of the City of Philadelphia, the Committee on Rules, to which was referred Bill No. 210899, entitled "An ordinance amending Chapter 14-1000 of The Philadelphia Code, entitled 'Historic Preservation,' to establish a temporary demolition moratorium with respect to properties in the area bounded by Henry Avenue, Roxborough Avenue, Silverwood Street, and Fountain Street"; and Bill No. 210922, 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 Fountain Street, Umbria Street, Paoli Avenue, Ridge Avenue, Livezey Street, Valley Avenue, and Henry Avenue"; and Dec 9, 2021 Stated Meeting December 9, 2021 210926, 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 Crispin Street, Willits Road, Academy Road, and Frankford Avenue," respectfully reports it has considered and amended the same and returns the attached bills to Council with a favorable recommendation.
Thank you, Mr. Decker. The Chair again recognizes Councilman Johnson.
I got it right this time. Watch this. Thank you, Mr. President. I move that the rules of Council be suspended so as to permit first reading of this day of Bills Nos. 210899, 210922, and 210926. (Duly seconded.)
Thank you, Councilman. Dec 9, 2021 Stated Meeting December 9, 2021 and properly seconded that the rules of Council be suspended so as to permit first reading this day of Bills No. 210899, 210922, and 210926. 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 three bills with a favorable recommendation.
Thank you. Dec 9, 2021 Stated Meeting December 9, 2021 Decker, please read that report.
The Committee on Finance, to which was referred Bill No. 210782, entitled "An ordinance amending Bill No. 210320, entitled 'An ordinance to adopt a Capital Program for the six Fiscal Years 2022 through 2027 inclusive,' by adding, revising, and/or removing certain projects, amounts and sources, for the purpose of providing Safe Play Zone security cameras"; and Bill No. 210783, entitled "An ordinance amending Bill No. 210321, entitled 'An ordinance to adopt a Fiscal 2022 Capital Budget,' by adding, revising, and/or removing certain projects, amounts and sources, for the purpose of providing Safe Play Zone security cameras"; and Bill No. 210864, entitled "An ordinance amending Subsection 19-2604(6) of The Philadelphia Code ('Credit for Contributions to Community Development Dec 9, 2021 Stated Meeting December 9, 2021 Corporations, Nonprofit Organizations Engaged in Developing and Implementing Healthy Food Initiatives and Nonprofit Intermediaries') to clarify the number of contribution agreements that may be entered into," 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. 210782, 210783, and 210864. (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. Dec 9, 2021 Stated Meeting December 9, 2021 210782, 210783, and 210864. 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 Parker for a report from the Committee on Law and Government.
Thank you, Mr. President. The Committee on Law and Government reports out one bill and one resolution with a favorable recommendation.
Thank you. Mr. Decker, please read that report.
The Committee on Dec 9, 2021 Stated Meeting December 9, 2021 Government, to which was referred Bill No. 210669, 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 to revise the composition of the Zoning Board of Adjustment, by increasing the number of appointees, providing for confirmation by Council of appointees, and specifying qualifications that appointees must possess; and authorizing the appropriate officers to publish notice and to make arrangements for the special election"; and Resolution No. 210692, entitled a "Resolution proposing an amendment to the Philadelphia Home Rule Charter to revise the composition of the Zoning Board of Adjustment, by increasing the number of appointees, providing for confirmation by Council of appointees, Dec 9, 2021 Stated Meeting December 9, 2021 appointees must possess; and providing for the submission of the amendment to the electors of Philadelphia," respectfully reports it has considered and amended the same and returns the attached bill and resolution to Council with a favorable recommendation.
Thank you. 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 No. 210669. (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. 210669. Dec 9, 2021 Stated Meeting December 9, 2021 indicate by saying aye. (Aye.)
The ayes have it. This bill will be placed on our First Reading Calendar for today. The Resolution No. 210692 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 on Streets and Services.
Thank you, Council President. The Committee on Streets and Services reports out nine bills with a favorable recommendation.
Thank you, Councilman. Mr. Decker, please read that report.
The Committee on Dec 9, 2021 Stated Meeting December 9, 2021 Services, to which was referred Bill No. 210629, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 120 by striking from the City Plan and vacating Nicholas Street and Turner Street, each from Twentieth Street to Twenty-First Street"; and Bill No. 210867, entitled "An ordinance amending Chapter 12-2700 of The Philadelphia Code, entitled 'Permit Parking Districts,' by amending the boundaries for Permit Parking District 19"; and Bill No. 210918, entitled "An ordinance regulating the direction of movement of traffic on Camac Street between Wagner Avenue and Fisher Avenue"; and Bill No. 210919, entitled "An ordinance regulating the direction of movement of traffic on East Godfrey Avenue between Summerdale Avenue and Pratt Street"; and Dec 9, 2021 Stated Meeting December 9, 2021 210921, entitled "An ordinance authorizing various encroachments at 3536 Calumet Street"; and Bill No. 210929, entitled "An ordinance establishing parking regulations in the vicinity of: Day Street and Wildey Street; Thompson Street and Columbia Avenue; Oxford Street and Belgrade Street; East Montgomery Street and Thompson Street; Columbia Avenue and Belgrade Street; Crease Street and Thompson Street; Belgrade Street and Oxford Street"; and Bill No. 210930, entitled "An ordinance amending Section 5 of an ordinance (Bill No. 200423) approved November 10, 2020, entitled 'An ordinance authorizing Keystone Property Group to construct, own, and maintain a proposed exterior building ramp at 100 South Independence Mall West,' by extending the period for compliance with the terms and conditions stated therein"; and Dec 9, 2021 Stated Meeting December 9, 2021 210931, entitled "An ordinance amending Section 5 of an ordinance (Bill No. 200092) approved March 11, 2020, entitled 'An ordinance authorizing Independence Park Hotel to construct, own, and maintain a proposed exterior building ramp at 235 Chestnut Street,' by extending the period for compliance with the terms and conditions stated therein"; and Bill No. 210932, entitled "An ordinance authorizing various encroachments on North Broad Street in the vicinity of 1344 through 1348 Arch Street," 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, Mr. President. I move that the rules of Dec 9, 2021 Stated Meeting December 9, 2021 as to permit first reading this day of the nine 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 the reading of the nine bills that were just read by the Clerk. 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. Thank you very much. The Chair now recognizes Councilman Jones for a report from the Committee on Public Safety. Dec 9, 2021 Stated Meeting December 9, 2021
Thank you, Mr. President. The Committee on Public Safety reports one bill with a favorable recommendation.
The Committee on Public Safety, to which was referred Bill No. 210923, entitled "An ordinance amending Title 9 of The Philadelphia Code, entitled 'Regulation of Businesses, Trades and Professions,' by adding a new Chapter 9-5700, entitled 'Prohibition on Certain Gambling Machines and Skills Games,' to prohibit the operation of any casino-style or skill game that accepts cash payment for the chance of a cash reward and is not otherwise regulated by the State of Pennsylvania," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation. Dec 9, 2021 Stated Meeting December 9, 2021
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. 210923. (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. 210923. All those in favor indicate by saying aye. (Aye.)
The ayes have it, and the bill will be placed Dec 9, 2021 Stated Meeting December 9, 2021 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 one bill with a favorable recommendation.
Thank you. Mr. Decker, please read that report.
The Committee on Housing, Neighborhood Development and the Homeless, to which was referred Bill No. 210920, entitled "An ordinance amending Chapter 9-800 of The Philadelphia Code, entitled 'Landlord and Tenant,' to provide for an eviction diversion program, to make associated changes related to the landlord and tenant relationship, and making certain Dec 9, 2021 Stated Meeting December 9, 2021 changes," respectfully reports it has considered and amended the same and returns the attached bill to Council with a favorable recommendation.
Thank you. The Chair again recognizes 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 No. 210920. (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. 210920. All those in favor indicate by saying aye. (Aye.)
Dec 9, 2021 Stated Meeting December 9, 2021 opposed? (No response.)
The ayes have it. The bill will be 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 their first reading, and these bills will be placed on our Second Reading and Final Passage Calendar at our next session of Council. As there are no additional bills on the First Reading Calendar, the Chair recognizes Councilwoman Parker for a motion concerning the resolutions on the Final Passage Calendar.
Thank you, Mr. President. I move that the rules of Council be suspended to permit the use of a Consent Agenda to consider Dec 9, 2021 Stated Meeting December 9, 2021 following resolutions on the Final Passage Calendar. They are Resolution Nos. 210962, 210963, 210964, 210965, 210967, 210968, 210969, 210972, 210973, 210974, 210975, 210976, and 210977. (Duly seconded.)
Thank you. It has been moved and seconded that the rules of Council be suspended so as to permit the use of a Consent Agenda to consider the resolutions just read by Councilwoman Parker. All in favor please indicate by saying aye. (Aye.)
The ayes have it, the motion carries, and we will consider the Resolution Consent Agenda shortly. The Chair again recognizes Dec 9, 2021 Stated Meeting December 9, 2021 Parker for a motion concerning the bills on the Second Reading and Final Passage Calendar.
Thank you, Mr. President. I move that the rules of Council be suspended to permit the use of a Consent Agenda to consider the following bills on the Second Reading and Final Passage Calendars. They are Nos. 210901-A, 210686, 210744, 210771, 210861, 210863, 210865, 210869, 210672, and 210925. (Duly seconded.)
Thank you. It has been moved and seconded that the rules of Council be suspended to permit the use of a Consent Agenda to consider the bills just read by Councilwoman Parker. All in favor indicate by saying aye. (Aye.)
Those opposed? Dec 9, 2021 Stated Meeting December 9, 2021 2ND READING (No response.)
The ayes have it, the motion carries, and we will consider the Consent Agenda shortly. The Chair again recognizes Councilwoman Parker for the purpose of calling up bills and resolutions on the regular Second Reading and Final Passage Calendar.
Thank you, Mr. President. In addition to the resolutions and bills being considered on the Consent Agendas, the following resolutions and bills are being called up from the Second Reading and Final Passage Calendars today. They are Nos. 210959, 210970, 210862-A, 210633, 210680, 210670, 210917, and 210924. Mr. President, all other bills and resolutions are being held.
Thank you, Councilwoman. Our next segment will be our public comment session, but before we Dec 9, 2021 Stated Meeting December 9, 2021 proceed with the consideration of the public comment, we will now take a brief five- to ten-minute recess to give our technology professionals an opportunity to connect our speakers today. Thank you very much. Brief recess and we'll be right back. (Short recess.)
Thank you. Thank you so much. Now that everyone is connected to the meeting and before considering the resolutions and bills we have before us today, we will consider our public comment session. So our public comment session must concern matters on the Second Reading and Final Passage Calendars 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 3:00 p.m. the day Dec 9, 2021 Stated Meeting December 9, 2021 before the session to 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 against the legislation, and add your name to the list. We will then telephone each person on the list during the Council session and invite them to our remote meeting. Under ideal circumstances, which we have today, we will give three minutes to each speaker, but, however, from time to time, the limit may vary based on the volume of calls. In order to be fair to all those wishing to speak, I 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 throughout your testimony, and when there are 30 seconds remaining to your Dec 9, 2021 Stated Meeting December 9, 2021 time, you will be reminded of this. 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 on the same subject matter, which could affect callbacks for public comment at any particular meeting. Please be aware that this public meeting is being recorded, and 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. I will now ask Mr. Decker to please read the first name on our list.
Good morning. State your name for the record Dec 9, 2021 Stated Meeting December 9, 2021 and please proceed with your testimony.
Good morning. My name is Leanne Harvey. I'm calling in today on behalf of Green Building United to express our support of Bill 210862-A amending Section 17-111 of The Philadelphia Code to advance municipally owned building standards beyond the current code. The proposed amendments ensure municipally owned buildings are adopting and implementing more stringent energy and environmental performance requirements. These amendments require that the City-owned new construction and major renovations obtain LEED gold certification, a step up from the previously silver requirement. By utilizing the LEED standard, or Leadership in Energy and Environmental Design, the City can access clear guidelines to ensure projects are considering not only energy but site selection, water use materials, waste, Dec 9, 2021 Stated Meeting December 9, 2021 health, and more. While it offers a holistic approach to sustainable design, the standard is also verifiable, meaning that the building performance is formally certified. Finally, LEED is an internationally recognized standard with an existing workforce of trained experts. These amendments also transition the administration of the City's green building work from the City Planning Commission to the Office of Sustainability. This provides the City with increased technical expertise and additional tools to guide this effort. However, in order to meet the goals of this ordinance, increased staff capacity, training, and resources should be a key consideration. Green Building United is prepared to lend support, such as education and resources, to ensure staff understand the value of an integrated Dec 9, 2021 Stated Meeting December 9, 2021 design process, sustainable design standards, and performance tracking. It is clear that in order for the City to achieve its goal of carbon neutrality by 2050, we must transition away from burning fossil fuels and move toward electrification powered by clean energy. While this legislation is a small step towards this end, it is an important step to help the City lead by example. The actions described in this legislation are only the beginning. We encourage the City to update and prepare robust building guidelines to assist with RFP development as well as the coordination of architects, engineers, builders, and more as they begin the design process. The City should use these guidelines to encourage design strategies that go even beyond meeting LEED goals and towards net zero energy, advancing the City's goal of carbon neutrality by Dec 9, 2021 Stated Meeting December 9, 2021 2050. We encourage your support of these amendments given their potential to improve and extend the lifespan of Philadelphia's owned and managed buildings by creating healthier working conditions for staff, improving safety, and enhancing resiliency. Thank you for your time.
Thank you very much for your testimony. We appreciate it.
The next speaker is Mark Zachary, commenting on 210633, 210861, and 210865.
Just state your name for the record and please proceed with your testimony.
My name is Mark Zachary. I'm a resident of the Seventh Councilmanic District and I'm here to Dec 9, 2021 Stated Meeting December 9, 2021 speak in favor of 210633. That's the mixed-income overlay. This is a great bill and it's a great opportunity for the City to increase density and height in a highly transit-accessible area. My issue with this is is really it's not going to go far enough. You're only adding 7 feet. So in my mind, that vision is kind of short. You have a highly transit-accessible corridor in the El at American Street with the bus passing there. You could go a lot higher, especially on American Street, and have more density, more activity at the street, more business opportunities for people to open up shops, and more customers for those people, meaning more taxpayers. And you also with the affordability requirement, you would inherently gain more affordable units. So in my mind, it's just kind of a small vision versus the big vision that the City actually needs. And I think that we're scared Dec 9, 2021 Stated Meeting December 9, 2021 of height in this city for some reason, and it's honestly bizarre to me that adding only 7 feet to an affordability bonus is what we're doing. Much more -that's one story, if that. So you really should be going maybe double the height or maybe even triple the height, and you'd have that many more affordable units. I would encourage the City to be more proactive and have more vision on this issue. So while I applaud this bill, it doesn't go far enough. And that leads me to 210865, which is the opposite of the previous bill, in which it excludes high-density bonuses for affordable housing. You know, so on one end, you have Councilmembers saying, hey, let's increase height and density and we'll give -- based on an affordability bonus, and this bill is doing the exact opposite. So this bill is exclusionary. Dec 9, 2021 Stated Meeting December 9, 2021 It harkens back to the '50s and '60s of a legacy of racial and historically exclusionary zoning throughout the country. It's completely regressive and the exact opposite of what the City needs. And it's surprising to me that the other Councilpersons who are -- who know that higher density and an affordability requirement is a net positive for the City don't speak out against this. But you know why? It's because of councilmanic prerogative and you don't want to step on somebody else's toes. Well, we need to get out of the mindset of that if we're going to move forward as a city, in my opinion. And I know I'm not the only person with that opinion. And then that leads me to 210861, the final piece of the pie, the cream of the crop of exclusionary down-zoning in the City, and I'll finish you with this. This building could have been saved seven years ago, and we would Dec 9, 2021 Stated Meeting December 9, 2021 have kept a 100-year-old stone church in this city, five-minute walk from the Bertel Station. But now it's going to be torn down because of a group of a few neighbors that were wealthy and got together, influential, to hire a lawyer, so then it's torn down, and now the Councilperson is saying, no, we need to bring this down because of the concerns of a few rear-looking people in this city. It's a very sad tale, and it should be an example of what not to do in this city. Thank you very much.
Good morning. State your name for the record. Please proceed with your testimony.
Good morning. My name is Ben Fileccia. I'm the Dec 9, 2021 Stated Meeting December 9, 2021 Director of Operations and Strategy with the Pennsylvania Restaurant and Lodging Association. We represent more than 350 operators in Philly and nearly 4,000 members statewide. We are extremely appreciative of Councilmember Parker's diligent and focused efforts to help create a sustainable path forward for restaurants that are trying to operate and navigate a totally new economy. The only thing that's been predictable for restaurants the last 18 months is the constant unpredictability. That is why PRLA supports Councilmember Parker's Bill 210670, as amended, which would provide certainty for restaurants in the City at a time when they're still trying to recover and many fight to stay open and profitable as winter trickles in. Councilmember Parker introducing this legislation has served as a breath of fresh air for many of our Dec 9, 2021 Stated Meeting December 9, 2021 members who tell us this sets their path forward clearer and somewhat more predictable. The legislation keeps in place an option for restaurants to have access to these services at the current cap, 10 percent on delivery and 5 percent on marketing services and other fees. If restaurants want to opt out of that cap and opt into a more premium service with any of these companies, they can do so and they'd be able to do so immediately. What we've seen in other cities is that some of these third-party companies have created tier pricing models across the nation. In those cases, operators can stay at the cap rate if they want basic services, but if they'd like to expand those services to choose for premium options, they can work with a third-party app to do so. Many restaurants operate at a 2 to 7 percent profit margin. At a time when many people have been forced to Dec 9, 2021 Stated Meeting December 9, 2021 deliver and provide takeout, it's not sustainable for them to partner with companies that take more revenue and fees than the restaurant is making in profit. This legislation allows those restaurants to stay at the current cap. It's important that I emphasize that PRLA, at the request of Councilmember Parker, really tried to work closely with these third-party companies that operate in Philly. Some have reminded us of the lawsuits on this issue that are playing out in other states that they have filed. Nonetheless, while this legislation may not be exactly what everyone wanted, it is, however, a fair and a reasonable path forward, not only for restaurants but we believe for our third-party partners as well. Councilmember Parker did a terrific job finding a middle ground on this. This is a win for all restaurants, large, small franchises, independents, Dec 9, 2021 Stated Meeting December 9, 2021 and for those operations minority-owned who may see significant value at a locked rate. It's also a win for the many restaurants out there that may want to opt in for more premium contracts. Lastly, it's a win for third-party companies that are looking to expand services and operations in Philadelphia as well. We want to thank Uber, DoorDash, and Grubhub for working with PRLA the last couple of months, for sharing their perspective on this and for working with our members to establish a fair proposal for everyone. We also want to thank Councilmember Parker for her willingness to take on such a tough issue and for her efforts to help save restaurants in Philly at a time when they need it the most. Lastly, we want to thank City Council in general. You have all worked closely with PRLA the last couple months, even years, to help our members not only Dec 9, 2021 Stated Meeting December 9, 2021 survive the pandemic but to provide them with some certainty as they recover operations. Thank you so much.
Thank you so much for your testimony. We appreciate it.
Yeah. I have to request a leave of absence and want to be voted aye on all bills and resolutions.
Thank you, Councilman. Leave shall be granted. Let the record reflect Councilman is voting aye on all bills and resolutions. Thank you, Councilman.
Thank you, Council President. Dec 9, 2021 Stated Meeting December 9, 2021
The remaining speakers on the list, Mr. President, have either declined to speak or could not be reached.
Okay. That's unfortunate. Thank you. Thank you, Mr. Decker. That will conclude our public comment session for today. We will now move to our Calendar. So now we're going to consider our Resolution Consent Agenda, and I would ask Mr. Decker to please read the titles of all the resolutions on the Consent Agenda. After each title is read, any member may object to the inclusion of the resolution on the Resolution Consent Agenda. Upon such an objection and without debate, the resolution will be immediately removed from the Resolution Consent Agenda and placed on today's regular Final Passage Calendar. Mr. Decker, can you now read Dec 9, 2021 Stated Meeting December 9, 2021 of the resolutions on the Resolution Consent Agenda.
Resolution No. " Resolution No. " Resolution No. " Resolution No. " Resolution No. " Resolution No. " Resolution No. " Resolution No. " Resolution No. " Resolution No. " Resolution No. " Resolution No. " And Resolution No. "
Thank you. Thank you, Mr. Decker. The Chair recognizes Councilwoman Parker for a motion to adopt each of the resolutions on the Resolution Dec 9, 2021 Stated Meeting December 9, 2021
Thank you, Mr. President. I move the adoption of each of the resolutions on the Resolution Consent Agenda. (Duly seconded.)
Thank you. It has been moved and seconded that each of the resolutions on the Resolution Consent Agenda be adopted. All in favor indicate by saying aye. (Aye.)
The ayes have it, and each of the resolutions on the Resolution Consent Agenda has been adopted. We will now consider today's Bill Consent Agenda. I will ask the Clerk to please read the titles of all the bills on the Dec 9, 2021 Stated Meeting December 9, 2021 After each title is read, any member may object to the inclusion of the bill on the Consent Agenda. Upon such an objection and without debate, the bill will be immediately removed from the Consent Agenda and placed on our regular Final Passage Calendar. Mr. Decker, please now read all the titles of the bills on the Consent Agenda.
Bill No. 210901-A, entitled "An ordinance authorizing transfers in appropriations for Fiscal Year 2022 from the General Fund, certain or all City offices, departments, boards and commissions, the Water Fund, certain or all City offices, departments, boards and commissions and Dec 9, 2021 Stated Meeting December 9, 2021 Revenue Fund, certain or all City offices, departments, boards and commissions, to the General Fund, certain or all City offices, departments, boards and commissions and the Water Fund, certain or all City offices, departments, boards and commissions"; and Bill No. 210686, 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 Walnut Street, 9th Street, Locust Street, and 10th Street"; and Bill No. 210744, 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 Germania Street, Arendell Avenue, Delaware Avenue, and Linden Avenue"; and Bill No. 210771, entitled "An ordinance authorizing the Water Commissioner, on behalf of the City, to Dec 9, 2021 Stated Meeting December 9, 2021 an agreement between the City and the Philadelphia Redevelopment Authority for the Philadelphia Redevelopment Authority to act as the City's agent to include and incorporate Philadelphia Water Department-identified green stormwater infrastructure projects in certain construction and improvement projects in and around the City on properties owned by the City, including, with the prior written consent and approval of the District Council Person where the Rebuild Project is located, those projects arising out of the City's 'Rebuilding Community Infrastructure' or 'Rebuild' program"; and Bill No. 210861, 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 Berks Street, Memphis Street, Wilt Street, and Tulip Street"; and Bill No. 210863, "An ordinance Dec 9, 2021 Stated Meeting December 9, 2021 the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Huntingdon Street, Howard Street, Susquehanna Avenue, American Street, Jefferson Street, and 6th Street"; and Bill No. 210865, entitled "An ordinance amending Section 14-514 of The Philadelphia Code, entitled '/FNE, Far Northeast Overlay District,' to prohibit eligibility for floor area, height, and dwelling unit bonuses and to increase minimum parking requirements"; and Bill No. 210869, entitled "An ordinance amending Section 14-525 of The Philadelphia Code, entitled /'SNM, South Ninth Street Market Overlay District,' to clarify existing provisions"; and Bill No. 210672, entitled "An ordinance amending Section 9-207 of The Philadelphia Code, entitled 'Motor Vehicle Repairs,' to prohibit the use of City streets for the sale or storage of Dec 9, 2021 Stated Meeting December 9, 2021 vehicles"; and Bill No. 210925, entitled "An ordinance authorizing the Procurement Commissioner to enter into agreements to purchase electricity, natural gas and motor fuel for the use by the City in City facilities and vehicles, including agreements that obligate payment for delivery of such energy supplies in future fiscal years, all under certain terms and conditions."
Thank you, Mr. Decker. These bills having been read on two different days, the question for each bill now is shall the bill pass finally. Mr. Decker, please call the roll, and upon being called, each Councilmember shall vote aye on each of the bills, nay on each of the bills, or indicate those bills for which the member is voting aye or those bills for which the member is voting nay. Mr. Decker, call the roll. Dec 9, 2021 Stated Meeting December 9, 2021
Councilman Johnson is voting aye on all bills. Councilman Jones.
Aye on all bills. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING
Aye on all bills. A majority of all members having voted in the affirmative for each of the bills, the bills on the Consent Agenda are passed. We will now consider the bills and resolutions on the regular Second Reading and Final Passage Calendar. And, Mr. Decker, please read the title of Resolution No. 210959.
A resolution honoring and congratulating Jazmine Sullivan for winning the 2021 BET Soul Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING Train Music Award for Best New Album, for her critically acclaimed EP, Heaux Tales.
The Chair recognizes Councilwoman Gilmore Richardson for a motion.
Thank you, Mr. President. On your behalf, I move the adoption of the resolution. (Duly seconded.)
Thank you. It has been moved and seconded that the resolution be adopted. All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted. Mr. Decker, please read the title of Resolution No. 210970.
A resolution Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING calling on Mayor James F. Kenney and his Administration of the City of Philadelphia to establish and implement an Academic Expert Advisory Team in its selection and evaluation of recipients of the Anti-Violence Community Expansion Grant program and other anti-violence efforts during Fiscal Year 2022 and beyond.
The Chair recognizes Councilman Domb for an amendment.
Thank you, Mr. President. I'd like to offer an amendment to Resolution No. 210970. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)
It's been moved and properly seconded that the amendment to Resolution No. 210970 be adopted. All in favor indicate by saying Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING aye. (Aye.)
Those opposed? Nay. The ayes have it. The resolution has been amended. The Chair again recognizes Councilman Domb for a motion on the resolution.
Thank you, Mr. President. I move for the adoption of the resolution.
Thank you. It has been moved and seconded -(Duly seconded.)
-that the resolution be adopted. All in favor say aye. (Aye.)
Those opposed? (No response.) Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING
The ayes have it. The resolution is adopted. Mr. Decker, please read the title of Bill 210862-A.
An ordinance amending Section 17-111, entitled "Energy Efficiency and Environmental Design in Construction of Buildings," to update requirements and make technical changes.
This bill having been read on two different days, shall the bill pass finally. Mr. Decker, call the roll.
Councilwoman Gauthier. (No response.) Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING
Councilwoman Parker. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING
Aye. Mr. Decker, did we miss one Councilmember that didn't respond?
Okay. I thought one member didn't respond. Okay. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. Thank you very much. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING Mr. Decker, please read 210633.
An ordinance amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by amending certain provisions of Chapter 14-500, entitled "Overlay Zoning Districts," by creating the "/MIH, Mixed Income Neighborhood Overlay District"; by revising certain provisions of Chapter 14-702, entitled "Floor Area, Height, and Dwelling Unit Density Bonuses."
The Chair recognizes Councilwoman Gauthier for an amendment to Bill No. 210633.
Thank you, Mr. President. I would like to offer an amendment to Bill No. 210633. A copy of the amendment has been circulated to all members of Council. I move for the adoption of the amendment. (Duly seconded.)
Thank you. All in favor of the motion will signify by saying aye. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING (Aye.)
The ayes have it, and Bill No. 210633 has been amended. Bill No. 210633, as amended, will be placed on our Final Passage Calendar at our next session of Council. Mr. Decker, please read the title of Bill No. 210680.
An ordinance amending Section 21-1203 of The Philadelphia Code, entitled "Appointments to Citizens Police Oversight Commission," by revising the qualifications for appointment.
This bill having been read on two different days, the question now is shall the bill pass finally. Mr. Decker, call the roll.
Councilwoman Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING Bass.
Councilman Oh. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING
Aye. The ayes are 14; the nays are three. A majority of all members having voted in the affirmative, the bill passes. Mr. Decker, please read the Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING title of Bill No. 210670.
An ordinance amending Chapter 9-5100 of The Philadelphia Code, entitled "Food Delivery Services," to modify the limitation on fees charged to food service establishments.
This bill having been read on two different days, the question now is shall the bill pass finally. Mr. Decker, call the roll.
Councilman Domb. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING
Councilwoman Parker. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING
Aye. The ayes are 16; the nays are one. A majority of all members having voted in the affirmative, the bill passes. Mr. Decker, please read the title of Bill No. 210917.
An ordinance adding a new Chapter 9-5700, entitled "Leasing of Commercial Property," to require commercial lessors to provide certain disclosures before entering lease Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING agreements and to provide related protections to tenants.
The Chair recognizes Councilwoman Parker for an amendment to Bill No. 210917.
Thank you, Mr. President. I would like to offer an amendment to Bill No. 210917. A copy of the amendment has been circulated to all members of the Council. I move for the adoption of the amendment. (Duly seconded.)
Thank you. All those in favor of the motion will signify by saying aye. (Aye.)
The ayes have it. Bill No. 210917 has been amended. Bill No. 210917, as amended, will be placed on the Final Passage Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING Calendar at our next session of Council. Mr. Decker, please read the title of Bill No. 210924.
An ordinance authorizing the Commissioner of Procurement and the Chief Executive Officer, Philadelphia International Airport, on behalf of the City of Philadelphia, to enter into a Concession Agreement with Kale Info Solutions, Incorporated, for the implementation and operation of an Airport Cargo Community System for the Philadelphia International Airport.
Thank you. This bill having been read on two different days, the question now is shall the bill pass finally. Mr. Decker, call the roll.
Councilwoman Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING Brooks.
Councilman O'Neill. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING
Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. Mr. Decker, do you have any additional resolutions?
A resolution authorizing the Special Committee on Gun Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING Violence Prevention to conduct hearings to examine the correlation between domestic violence and gun violence, introduced by Councilman Johnson.
Thank you, Mr. President. On behalf of Councilmember Johnson, I move for the adoption of the resolution. (Duly seconded.)
Thank you. It's been moved and properly seconded. All in favor indicate by saying aye. (Aye.)
The ayes have it, and that resolution is adopted.
Mr. President, I made an error during the Consent Agenda for resolutions and read Resolution No. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING 210967, which was called up correctly but read the wrong title. If we could call up Resolution No. 210967 and read the title correctly and give the members the opportunity to do a voice vote on the correct resolution.
It was supposed to be the Consent Agenda, 210967, but I read the wrong title. I read the title of a resolution that's been adopted for a week now.
The title that I read was authorizing hearings by the Committee on Commerce and Economic Development to examine diversity and inclusion in contracting by the City and related public sector agencies, including the School District of Philadelphia, the Southeastern Pennsylvania Transportation Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING Authority, and the Philadelphia Industrial Development Corporation. That resolution has already been adopted, Mr. President.
Okay. It was on the Consent Agenda and it should have been on what? I mean, I'm trying to understand.
So that was the incorrect title. I would like to read the --
Resolution No. 210967, entitled a "Resolution recognizing Ryan Boyer, business manager Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING of Laborers' District Council of Metropolitan Philadelphia & Vicinity, for making history as the first African American business manager of the Philadelphia Building Trades Council."
Okay. So, Councilwoman Parker, let's just make a motion.
Yes. On behalf of Councilmember Johnson, I move for the adoption of the resolution, Mr. President. (Duly seconded.)
Thank you. It's been moved and properly seconded. Dec 9, 2021 Stated Meeting December 9, 2021 12/9/21 - STATED - 2ND READING All in favor of said resolution? (Aye.)
The ayes have it, and that resolution is now adopted officially. Thank you.
Any mistakes you make are few and far between, if any. Does that conclude all our resolutions, Mr. Decker?
Dec 9, 2021 Stated Meeting December 9, 2021 And we will now move to our speeches at the conclusion of our Calendar today, and prior to recognizing speeches, I will note for the record at this time that we will use the Chat feature available in Microsoft Teams to allow members to signify that they wish to be recognized. In order to comply with the Sunshine Act, the Chat feature must only be used for this particular purpose. With that said, speeches on behalf of the minority?
Mr. President, I'm sorry, sir. I wanted to interject to let you know that because I'm using audio from my phone, I cannot type in the Chat area. So when it comes to the majority, I would like to be recognized, Mr. President.
Thank you, Councilwoman. No speeches on behalf of the Dec 9, 2021 Stated Meeting December 9, 2021 minority? (No response.)
Speeches on behalf of the majority? The Chair recognizes Councilman Thomas.
Thank you, Council President. I want to first say thank you to all of the people who worked very diligently on the Citizens Police Oversight Committee. I did vote yes on it today, but I do want to put on the record some of my concerns and how I was a little reluctant to vote yes. I do think that we have to monitor what we're doing as it relates to looking at the long-term ramifications of the legislation, specifically looking at the fact that it's a citizens oversight and we want to make sure that we always keep ourself in a position where constituents are the majority of the people who are on there, constituents are Dec 9, 2021 Stated Meeting December 9, 2021 and put us in a position where it's true citizens oversight and it's true opportunities for constituents to be able to have a say-so. I do commend all of the people who worked very hard for this over the years. This is something that did not just happen overnight, from the ballot initiative, to the great work that was done by a lot of people behind the scenes. And I do know there are a lot of citizens and community-based organizations who have been fighting for this as well. In the midst of thinking about my vote, I actually was persuaded by some of the words that Councilmember Bass said to me when I was looking to pass driving equality, and what Councilmember Bass said is that I'm trusting you with this one, Councilman. I'm not in 100 percent agreement with everything in it, but I respect the hard work you've done and I trust that you're going to monitor it to Dec 9, 2021 Stated Meeting December 9, 2021 it right. So in the same spirit of my colleague Councilmember Bass, Councilmember Jones and others, I appreciate your leadership. We are trusting you with this one, and we're going to monitor it and work with you and your entire team to make sure that we get it right. So I'm excited to see what this Committee is going to produce as it relates to who gets recommended for the Oversight Committee. I did communicate my concerns. I do not see those concerns foreseeing themself in the near future because I am well aware of the intentions of the people who are on the selection committee as well as my colleagues on Council as well. So thank you. I just wanted to take a moment to put my thoughts on the record, Council President. You know, I rarely do this about someone else's legislation, but this is something that's Dec 9, 2021 Stated Meeting December 9, 2021 my heart and I know a lot of my colleagues have been doing what we can to improve the relationships and the trust factor between communities of color, poor communities, and law enforcement, because we know that that's the direction that we need to go in to improve our city. So thank you for the opportunity, Council President. Thank you to the bill sponsor, and I'm looking forward to working with everybody.
Thank you so much, Councilman, and thank you always for your thoughtful consideration of not only the work you do, but your input as it relates to work that others do. We really appreciate your thoughtful process. The Chair recognizes Councilwoman Gauthier.
Thank you, Council President. Good morning, everyone. Today Dec 9, 2021 Stated Meeting December 9, 2021 designating December 21st as National Homeless Persons' Memorial Day in the City of Philadelphia. This is a day that's recognized on or around the first day of winter, the longest night of the year, by the National Coalition for the Homeless and by more than 100 cities around the United States. While much progress has been made to combat homelessness, this is a stubborn crisis that continues to impact thousands of Philadelphians on an annual basis, and as long as that's the case, it's imperative that we continue to speak out about the struggles faced by people who experience homelessness as well as poverty and addiction, which all too often are intersecting challenges. Here in Philadelphia, Project HOME, a massively impactful organization that does vital work year round to lift people out of homelessness and connect them with medical care, employment, and Dec 9, 2021 Stated Meeting December 9, 2021 opportunities, is the organizer for our local Memorial Day. Each year hundreds of Philadelphians gather to remember their homeless and formerly homeless friends, neighbors, and loved ones who have died and to call for an end to homelessness and poverty in our city and in our country. On December 21st, please join us to remember the hundreds of Philadelphians who experience homelessness and died in 2021, and please join us to recommit to building a world in which everyone is safely housed. Project HOME is working to gather the names of Philadelphians who experienced homelessness who we lost in 2021. If you have a name to submit, please e-mail memorial@projecthome.org by Monday, December 13th. For more information, visit Homeless Memorial Philly on Facebook and Instagram or HMD Philly on Twitter. Thank you so much. Dec 9, 2021 Stated Meeting December 9, 2021
Thank you, Councilwoman. Thank you for your hard work on that very important issue. The Chair recognizes Councilwoman Parker.
Thank you, Mr. President. Mr. President, I first want to start with commending our Whip, Curtis Jones, his staff, Samantha and all members of the team, for the very hard work that they did on the Citizens Police Oversight Committee. I also want to commend Councilmember Thomas for sharing very publicly his concerns about how we amended the legislation and then him referencing Councilmember Bass, because what he just did was affirm very publicly the hashing out, the debate, the critical thinking that we do behind the scenes, challenging each other and questioning the work and trying to make sure that we Dec 9, 2021 Stated Meeting December 9, 2021 best, the very best, that we can in the interest of the people in the City of Philadelphia. And so I want to say thank you to each of them. Now, Mr. President, I want to give some comments on Bill No. 210670, which is the third-party delivery bill. For members of the viewing public, I want you to know that this bill, in essence, builds on legislation that this City Council passed during the COVID-19 pandemic that limited the maximum fee that third-party food delivery companies, like Grubhub, DoorDash, Uber Eats, that they could charge to their partner restaurants. Now, for people who are watching, you may recall that when the pandemic first hit in 2020, many restaurants were suddenly like subject to delivery fees that went as high as like 30, even 40 percent, and Councilmember Jones had a restaurant that was in the Fourth District and Councilmember Squilla Dec 9, 2021 Stated Meeting December 9, 2021 his district who spoke about how these high fees almost made it impossible for them to do their work. They burdened restaurants, and they were already struggling for business due to lockdown orders and they needed to establish an online presence, in essence, to remain successful. So the legislation that I spearheaded last year, what it did was it capped the fees to 10 percent for delivery and 5 percent for other fees, like marketing, so for a total of 15 percent per order and for the duration of the declared public health emergency and then 90 days thereafter. Now, while we are obviously still in a public health emergency, especially with the new variant breathing down our necks, I wanted to introduce new legislation that would speak to what should happen as we move out of the pandemic. Now, yes, it's true other Dec 9, 2021 Stated Meeting December 9, 2021 legislation similar to what we voted on today, with several of them implementing permanent fee caps and some allowing for a tiered structure. When crafting this legislation, and I have to note this for the record, I was also hyperaware that as the restaurants climb out of the pandemic, it is not as if they will be fully recovered on the day that the public health emergency ends. So in reality, it may take years for the restaurant industry as well as the entire hospitality industry to recover from this pandemic. Bill No. 210670 as introduced and amended would have made a 15 percent total fee cap permanent. It also maintains a clause from the original legislation clarifying that it is unlawful, unlawful for third-party food delivery services to reduce the compensation rates paid to the service delivery drivers, like some of us know Dec 9, 2021 Stated Meeting December 9, 2021 Dashers, or garnish their gratuities as a result of the fee cap. So this can't be passed on to the workers who are using this opportunity to work for these third-party companies to make ends meet. In other cities where fee caps have been made permanent, such as New York City and San Francisco, some of the third-party food delivery services, they then -- they sued the cities, and these lawsuits, they are still playing out. So what we tried to do with this legislation, Mr.
President, in working with our Law Department -- have to thank our Solicitor and every member of the Law Department staff. I want to be clear that we want to avoid that kind of lawsuit here in Philadelphia. And so after introduction of the bill, and I thank Ben from PRLA for mentioning it, along with Andrew Zalenski, they met with the various third-party delivery companies, and my instruction was to try Dec 9, 2021 Stated Meeting December 9, 2021 Mr. President, Harrisburg kicked in. You know, can't do it without talking to people, and they sat down and they did it. Amendments to Bill No. 210670, they were reached after extensive conversations with the restaurant industry and these third-party delivery companies, and they met in October and November, and the legislation, which was amended in committee and also today, it will maintain a 15 percent total fee cap for restaurants that choose it. But, listen, it will also allow restaurants to like opt out of that, opt out of that cap and actually go into a higher fee tier in return for additional services beyond basic delivery and marketing. Now, some of the third-party delivery companies, they're still not totally happy with where this bill ended up, and as Councilmember Squilla often notes, you know, when that's the case, you did something right. They are still Dec 9, 2021 Stated Meeting December 9, 2021 amended bill as a permanent fee cap, and even though we give restaurants the choice now to move up to a higher fee tier, they're still trying to couch it that way, but, Philly, you know, I'm not swallowing that. You know, in crafting these amendments, I wanted to avoid a situation like what happened in the past where a restaurant will be surprised and essentially forced into a higher tier. They were told something like, listen to this, based on your volume of sales and/or price points, we're now going to take 30 percent instead of the 20 percent that you signed up at. Not going to do that to Philly restaurants. We won't allow it. With this legislation, restaurants are going to be guaranteed a 15 percent fee cap and, listen, if that is what they choose. "Choice" here is the operative word, and I do believe that some restaurants, they're going to choose to move up into the higher fee tier in Dec 9, 2021 Stated Meeting December 9, 2021 that go beyond the basic delivery and marketing. And one final thought, you know, my office and Rachel Meadows and Hilary and Kyasha and the entire team, along with PRLA, they negotiated with third-party delivery companies. Guess what? In good faith. So I hope we can avoid a lawsuit, but for those who have been sort of kind of trying to hold that over our heads, when Council passed lost and stolen gun legislation here in Philadelphia, although it was not enforced by the District Attorney at that time because they said it was preempted by State law, I was in Harrisburg fighting no matter what that law says. So if you're going to sue, you sue, but our Law Department has told us that they are prepared to fight. I also don't want to see that bottom tier, the 15 percent tier, turned into like a substandard tier where Dec 9, 2021 Stated Meeting December 9, 2021 like they are being forced to choose a higher tier if they just want the basic services. So for the record, we're going to be watching the implementation of this new legislation like hawks, right, like white on rice, and trust me, we're going to hear from the restaurants as soon as something is not going right.
And I believe we can move forward in a way that's beneficial for restaurants, but I also want this to work for third-party delivery companies, because I have a lot of friends and family and constituents who they work for these companies and this is how they are earning, you know, income and revenue to keep their households going, but we won't let you gouge our restaurant industry or our people. Thank you so very much, Mr. President and colleagues, for your leeway you've provided. Dec 9, 2021 Stated Meeting December 9, 2021
Thank you, Councilwoman. We have very good lawyers both on our staff and in the Law Department. I think that concludes our speeches on behalf of the minority and the majority, and with that, the Chair recognizes Councilman Jones for a motion to adjourn.
Thank you, Mr. President. I move that Council stand adjourned until Thursday, December 16th, 2021 at 10:00 a.m. (Duly seconded.)
Thank you. It has been moved and seconded that Council stand adjourned until Thursday, December 16, 2021 at 10:00 a.m. All in favor indicate by saying aye. (Aye.)
The ayes have it -- I'm sorry. Those Dec 9, 2021 Stated Meeting December 9, 2021 opposed? (No response.)
The ayes have it. The motion carries. Thank you all very much. Be safe. Thank you all. ) Dec 9, 2021 Stated Meeting December 9, 2021 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter, and that this is a true and correct transcript of same. MICHELE L. m 1:7 35:23 71:1 72:1,2 38:11,13 58:13 51:21 52:4 76:6 119:22,23 119:14,20 administra... 72:6,11,20 39:17 40:3 apply 121:22 asking 18:11 avoid 114:19 ayes 13:12 able 62:13 54:12 82:3 72:23 73:1 42:13 44:19 appointees Assembly 116:9 15:25 31:14 105:5 adopt 32:8,16 73:2,5,8,12 53:7 76:10 35:12,13,14 25:3 117:10 34:10 37:9 absence 71:24 74:1 75:1 76:17,22 35:24,25 assist 55:16 award 69:20 41:20 43:25 13:15,20 adopted 76:1 77:1 84:7 87:4,6 36:3 associated 69:22 81:2 46:5 47:22 65:14 72:11,21 78:1 79:1 88:15 91:4 appointment 44:23 aware 52:13 49:4 72:19 Academic 81:13,22 80:17 98:24 amendment 17:25 21:8 Association 106:17 81:21 83:7 82:5 82:24 83:20 99:10,12 35:8,20 88:19 61:4 aye 13:6,7 84:3 86:22 Academy 84:3 98:22 100:7,11 36:4 82:13 Appointme... attached 15:19,20 88:7 90:21 30:7 99:14 100:4 Agendas 82:16,17,19 88:16 30:10 33:9 31:8,9 34:4 93:15 94:23 accepts 42:19 102:10 49:14 82:23 87:15 appreciate 36:8 40:18 34:5 37:3,4 97:18 98:21 access 53:22 adopting agent 75:6 87:18,19,21 12:12 56:13 42:24 45:4 41:14,15 102:9 62:6 53:12 ago 59:25 94:6,9,10 65:8 106:6 attendance 43:19,20 119:25 acclaimed adoption agreement 94:12 107:19 2:22,23 45:23,24 120:5 81:3 72:4 81:9 75:2 95:11 amendments appreciative Attorney 47:16,17 82:19 83:13 105:23 14:15 53:11 11:20 61:7 117:16 48:22,23 B accurately 121:5 87:21 94:12 agreements 53:15 54:11 approach audio 103:19 65:15,21 back 50:8 achieve 55:5 98:9 101:20 33:6 77:5,9 56:4 115:6 54:4 Authority 72:13,14 59:2 act 10:15,19 advance 94:2 116:8 appropriate 17:6,12 77:20,23 ballot 105:9 75:5 103:11 18:20 53:8 air 61:25 American 18:17 35:15 18:3 20:2 78:4,8,11 Bank 17:13 action 14:18 advancing Airport 95:9 27:2 57:12 appropriati... 20:11 25:11 78:15,19,22 19:18 20:3 50:22 55:24 95:13,15 57:14 67:21 73:20 68:11 69:11 78:25 79:4 67:6,11,17 actions 15:4 adventure Al 23:17 67:25 76:6 approval 71:15 75:4 79:7,9,12 68:15 69:13 55:13 12:4 Album 81:2 101:5 12:1,15 75:5 100:2 79:16,20,24 69:25 70:21 activist 25:24 advise 16:20 Alfred 9:3 Americans 75:13 authorizing 80:4,8,12 71:6,17 activists 26:2 Advisory ALLAN 1:11 27:4 68:2 approved 14:14 17:3 81:15,16 Baseball's activity 57:15 82:5 Alliance 21:9 amounts 12:22 13:4 17:11 19:16 83:2,3,21 69:22 add 51:8 affect 52:11 allotted 52:3 32:11,19 13:13 35:7 19:18,25 83:22 84:17 based 51:17 added 14:10 affirm 110:21 allow 103:9 and/or 32:10 39:18 40:4 20:8 24:17 84:20,22 58:22 15:14 affirmative 115:15 32:18 Arch 40:15 24:19 25:9 85:4,8,10 116:13 addiction 80:15 86:24 116:18 116:14 architects 35:15 38:4 85:12,14,16 basic 62:19 108:19 90:23 93:17 allowing 121:24 55:18 39:3,20 85:18,20,23 115:19 adding 32:10 97:20 113:5 Andrew area 29:15,22 40:6,13 86:2,5,8,11 117:3 118:4 32:17 42:15 affordability allows 63:6 114:23 30:6 57:6 67:6,10,16 86:14 87:25 basis 108:15 57:9 58:4 57:20 58:4 Amber 70:2 Annin 67:12 74:13,20 68:4,14 88:2 89:3,8 Bass 1:10 3:5 93:22 58:22 59:10 amen 12:8,9 Anniversary 75:22 76:5 69:10,24 89:14,16,20 3:11,14,14 addition affordable amend 29:19 20:21 21:3 76:13 87:11 70:20 71:5 89:22,24 3:15 78:3,4 49:12 57:21 58:9 30:3 74:10 21:15 69:8 103:20 71:14 73:20 90:2,5,8,11 84:16,17 additional 58:18 74:17 75:19 announcem...
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