City Hall Roll Call: November 4th, 2021

Welcome to City Hall Roll Call, a summary of City Council’s weekly Stated Meeting.

Reminder, the information provided below is not an official or complete record. City Council’s official legislative database can be accessed through Legistar.

Session Recap:

Despite a lengthy final passage calendar, which featured a number of zoning and overlay bills, today’s City Council session was a quick one. In terms of new legislation, Councilmember Cindy Bass introduced two measures related to expanding access to appeals to the Zoning Board Adjustment (the “ZBA”).

A quick primer on the ZBA:

When a proposed project does not meet either the use, dimensional or parking requirements outlined in the Philadelphia Zoning Code, it triggers a “refusal” issued by the Department of Licenses and Inspections. Upon receipt of a refusal, the project owner can appeal the decision and seek a “variance” from the ZBA. Upon filing an appeal to the ZBA, the project owner is required to meet with the local Registered Community Organization (RCO) to present the project to the community. Following this meeting, a public hearing is held where the ZBA takes testimony and ultimately issues a decision either granting or denying the requested variance from the code. This decision is appealable to the courts by certain individuals impacted by the decision, a concept known as standing.

Councilmember Bass introduced two measures related to the ZBA appeal process. The first was a resolution authorizing the City Council Committee on Finance, “to hold hearings to determine the feasibility of providing financial and/or legal assistance to disadvantaged Registered Community Organizations (RCOs) that seek to appeal a Zoning Board of Adjustments decision.”

The resolution sets forth the rationale for providing support to under-resourced RCOs that seek to appeal ZBA decisions, noting that:

Individuals residing in wealthier neighborhoods have significantly more autonomy if there is a ZBA decision in their neighborhoods…Philadelphians hailing from less advantaged zip codes and neighborhoods deserve to have just as significant of a say in what happens in their neighborhoods, and the City has a responsibility to amplify their voices.

In authorizing hearings on the matter, the Resolution concludes, “In Zoning Board of Adjustments cases that rule against the interest of neighbors, the City of Philadelphia should provide necessary financial assistance and appropriate legal assistance to those in need to appeal their cases. How feasible this goal is must be investigated to ensure a beneficial system for all.” This resolution was adopted at today’s Council session.

The second measure that Councilmember Bass introduced at today’s session would grant District Councilmembers standing to directly appeal decisions by the ZBA. Under current law, only individual persons aggrieved by a ZBA decision have standing to appeal the decision to court. In order to establish “aggrieved” status for purposes of standing, a party must have a substantial, direct and immediate interest in the claim sought to be litigated.

Under the bill introduced by Councilmember Bass new language is added to the current code that would grant “the District Councilmember whose Councilmanic Distric includes the subject property” statutory authority to appeal a ZBA decision to the courts.

These measures are the latest sign of Council’s frustration with the ZBA. Earlier this fall, Council President Clarke proposed a charter change to overhaul the board. In a letter to his colleagues about his legislation, Clarke alleged that “The board has flagrantly violated the law by granting zoning variances without any demonstration of hardship by the developer. Far too often, the board is condescending to the community and dismissive of legitimate issues raised by neighbors.”

Clarke’s proposal has not yet received a committee hearing date, and with only four Council session remaining before the body’s winter recess, it is likely that these ZBA measures will not be heard until after the new year.

Mark your calendars! On Tuesday, the Committee on Streets will finally take up the various “streeteries” bills introduced in Council this fall. There are currently two competing proposals. The first, by Councilman Domb, would make permanent streeteries and delegate approval and enforcement authority to the Streets department and other city agencies. The other proposal, by Council President Clarke, would extend the current regulations until the end of June, and then revert back to the pre-pandemic system which mandates public hearings and Council authorization for streeteries in most parts of the city. Stay tuned.

Bills and Resolutions Introduced Today (By Subject Matter)

Due to the volume, ceremonial resolutions introduced by Councilmembers that honor or memorialize individuals or organizations will not be listed below, but can be found on Legistar.

💸 Finance / Taxes

• Bill authorizing appropriations transfers in the General Fund. (Sanchez / Admin bill)

• Bill authorizing appropriations transfers in the General Fund. (Sanchez / Admin bill)

🏗️ Construction / Zoning

• Bill amending Philadelphia Code Section 14-1000, to establish a temporary demolition moratorium in the area bounded by Henry Avenue, Roxbourgh Avenue, Silverwood Street and Fountain Avenue. (Jones)

• Bill amending the Building and Construction Code to add provisions related to the abatement of rats. (Clarke)

• Bill amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning” by amending Section 14-303(15) to convey standing upon District Councilmembers to file appeals to the courts. (Bass)

🔏 Contract Authorization

• Resolution authorizing City Council to retain legal counsel to file a lawsuit to compel the Administration to implement and enforce Bill Number 200425, an ordinance duly enacted by the City Council of Philadelphia which became law on January 28, 2021. (Bass)

🗺️ Land Disposition / Acquisition

• Resolution authorizing transfer of land to PRA in the 7th Councilmanic District. (Sanchez)

• Resolution authorizing Land Bank to dispose of land in the 7th Councilmanic District. (Sanchez)

• Resolution authorizing transfer of land to PRA in the 7th Councilmanic District. (Sanchez)

⚖️ Privileged Resolutions (Authorizing Hearings / Urging Action)

• Resolution authorizing the Committee on Finance to hold hearings to determine the feasibility of providing financial and/or legal assistance to disadvantaged Registered Community Organizations (RCOs) that seek to appeal a Zoning Board of Adjustments decision. (Bass)

• Resolution authorizing Council’s Special Committee on Child Separations in Philadelphia to conduct public hearings to further understand the role of community umbrella agencies (CUA) and further investigate the systemic failures that resulted in three girls being returned to their sexually abusive father. (Bass)

Bills and Resolutions Introduced Today (By Member)

Due to the volume, ceremonial resolutions introduced by Councilmembers that honor or memorialize individuals or organizations will not be listed below, but can be found on Legistar.

Councilmember Curtis Jones, Jr. (D-4th)

• Bill - Amending Philadelphia Code Section 14-1000, to establish a temporary demolition moratorium in the area bounded by Henry Avenue, Roxbourgh Avenue, Silverwood Street and Fountain Avenue.

Council President Darrell Clarke (D-5th)

• Bill - Amending the Building and Construction Code to add provisions related to the abatement of rats.

Councilmember Maria Quinones-Sanchez (D-7th)

• Bill - Authorizing appropriations transfers in the General Fund. (Admin bill)

• Bill - Authorizing appropriations transfers in the General Fund. (Admin bill)

• Resolution - Authorizing transfer of land to PRA in the 7th Councilmanic District.

• Resolution - Authorizing Land Bank to dispose of land in the 7th Councilmanic District.

• Resolution - Authorizing transfer of land to PRA in the 7th Councilmanic District.

Councilmember Cindy Bass (D-8th)

• Bill - Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning” by amending Section 14-303(15) to convey standing upon District Councilmembers to file appeals to the courts.

• Resolution - Authorizing the Committee on Finance to hold hearings to determine the feasibility of providing financial and/or legal assistance to disadvantaged Registered Community Organizations (RCOs) that seek to appeal a Zoning Board of Adjustments decision.

• Resolution - Authorizing City Council to retain legal counsel to file a lawsuit to compel the Administration to implement and enforce Bill Number 200425, an ordinance duly enacted by the City Council of Philadelphia which became law on January 28, 2021.

• Resolution - Authorizing Council’s Special Committee on Child Separations in Philadelphia to conduct public hearings to further understand the role of community umbrella agencies (CUA) and further investigate the systemic failures that resulted in three girls being returned to their sexually abusive father.

Bills and Resolutions Passed by City Council at Today’s Session

Resolutions:

• 🏆 210871 (Parker): Celebrating the Diamond Jubilee 75th Anniversary of The Links, Incorporated.

• 🏆 210872 (Parker): Honoring the Oak Lane Youth Association on the special occasion of its 50th Anniversary.

• 🏆 210873 (Parker): Congratulating Sonia Sanchez on winning the Dorothy and Lillian Gish Prize, one of the country’s most prestigious and generous arts honors.

• 🏆 210874 (Jones): Also naming the 2400 block of W. Indiana Avenue as “Reverend Dr. A. W. Dock Way,” in honor of Reverend Dr. Albert Wilson Dock, to commemorate his legacy as a preacher, teacher, and evangelist.

• 🏆 210875 (Jones): Also naming the 4300 block of Tower Street as “Josie D. Heard AMEC Way,” in honor of Josie D. Heard, to commemorate her legacy as an educator, author, hymnist, and as the namesake of the Josie D. Heard African Methodist Episcopal Church in the Manayunk neighborhood of Philadelphia.

• 🗺️ 210876 (Jones): Authorizing transfer to the Land Bank of deeds to the 3119 N. 35th Street in the Fourth Councilmanic District.

• 📛 210877 (Quinones-Sanchez): Appointing Maria González to the Board of Directors of the Philadelphia Land Bank.

• 🏆 210878 (Green): Recognizing November as Epilepsy Awareness Month.

• 🏆 210879 (Green): Recognizing and celebrating Women’s Community Revitalization Project on the 35th Anniversary of the organization’s incorporation.

• 🏆 210880 (Gauthier): Memorializing and honoring the life of the late Walter Wallace, Jr., and recognizing the adoption of police reforms inspired by his death and the activism in his name.

• 🏆 210882 (Thomas): Honoring and congratulating Philadelphia Native, Kahleah Copper, as the Champion of the Week for being named WNBA Finals MVP and winning the WNBA title.

• 🗺️ 210883 (Squilla): Authorizing the Philadelphia Land Bank to dispose of 2505 Emerald Street located in the 1st Councilmanic District.

• 🏆 210884 (Oh): Honoring the life and legacy of Colin L. Powell for his exemplary and outstanding service to the United States as a trailblazing military general, statesman, and public servant.

• 🏆 210885 (Oh): Recognizing October 2021 as Down Syndrome Awareness Month in the City of Philadelphia.

• 🏆 210886 (Oh): Designating October 1st as “Latin American Entrepreneur Day” in recognition of the successful “Latin America Thrives in Philadelphia” event.

• 🏆 210887 (Oh): Recognizing, congratulating, and thanking the United States Marine Corps on the occasion of its 246th Anniversary.

• 🏆 210888 (Oh): Recognizing the Ukrainian Federation of America on the occasion of its 30th Anniversary.

• 🔏 210### (Bass): Authorizing City Council to retain legal counsel to file a lawsuit to compel the Administration to implement and enforce Bill Number 200425, an ordinance duly enacted by the City Council of Philadelphia which became law on January 28, 2021.

• ⚖️ 210### (Bass): Authorizing Council’s Special Committee on Child Separations in Philadelphia to conduct public hearings to further understand the role of community umbrella agencies (CUA) and further investigate the systemic failures that resulted in three girls being returned to their sexually abusive father.

Bills:

• 💼 210549 (Jones): Approving an amendment to the Articles of Incorporation of the City Avenue Special Services District of Philadelphia and Lower Merion to extend the term of existence of the District to December 31, 2042.

• 💼 210632 (Green): Amending Chapter 17-1600 of The Philadelphia Code, entitled “Economic Opportunity Plans,” by establishing new definitions and clarifying the manner in which credit is given for M/W/DSBE participation.

• 🏗️ 210634 (Gauthier): To amend the Master Plan for the University of Pennsylvania by areas of land located within an area bounded by Guardian Drive, East Service Drive, Civic Center Boulevard, 34th Street, 33rd Street, Walnut Street, the Schuylkill River, 34th Street, and University Avenue.

• 🏗️ 210637 (Squilla): Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” by amending certain provisions of Chapter 14-800, entitled “Parking and Loading,” pertaining to parking requirements for uses in historically designated properties.

• 🏗️ 210638 (Squilla): To amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 11th Street, Reed Street, 12th Street, and Wharton Street, to amend Title 14 of The Philadelphia Code by adding Section 14-531, entitled "/SMH, South Philadelphia Municipal Hub Overlay District,” and making other related changes, and approving the Residential Mixed-Use-2 District (RMX-2) Master Plan for the site generally bounded by 11th Street, Reed Street, 12th Street, and Wharton Street.

• 🏗️ 210667 (Clarke): Amending Section 14-529 of The Philadelphia Code, entitled “/VDO, Fifth District Overlay District,” to prohibit certain bonuses.

• 🏗️ 210668 (Clarke): Amending Section 14-504 of The Philadelphia Code, entitled “/NCO, Neighborhood Conservation Overlay District,” by expanding the existing Strawberry Mansion /NCO area to include an area bounded by Lehigh Avenue, 29th Street, and Sedgley Avenue.

• 🏗️ 210687 (Squilla): To amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Trenton Avenue, Cambria Street, Tulip Street, and William Street.

• 🏗️ 201742 (Clarke): Amending Section 14-502 of The Philadelphia Code, entitled “/CTR, Center City Overlay District”, by amending certain height regulations and creating bulk and massing controls within the Benjamin Franklin Parkway Area.

📆 Upcoming City Council Public Hearings

(Click on the Committee listing to download the full agenda of bills and resolutions for the meeting.)

Friday, November 5th

Committee on Licenses and Inspections, 10:00 AM- the Committee will consider three bills related to the expansion of business owner liability and expanded potential mitigation measures for nuisance behavior (210674 / 210775) and amendments to the construction code to enhance building safety requirements for educational occupancies (210685).

Monday, November 8th

Committee on Streets and Services, 10:00 AM - the Committee will consider fifteen bills related to parking regulations and encroachment authorizations.

Tuesday, November 9th

Committee on Streets and Services, 9:00 AM - the Committee will consider four bills related to the ongoing authorization of “streeteries.”

Committee of the Whole, 1:00 PM - the Committee will meet to review the administration, management, operations, and finances of the School District and adopt plans to coordinate the activities of the Board of Education, the Mayor, and the City Council.

Friday, November 12th

Committee on Labor and Civil Service, 10:00 AM - the Committee will consider a bill to codify the Pension Board’s preexisting policy and practice to perform an annual stress test of the Retirement System in accordance with industry standards. (210772)

Monday, November 15th

Committee on Rules, 10:00 AM - the Committee will. consider one bill related to the creation of the “/MIH, Mixed Income Neighborhoods Overlay District.” by revising certain provisions of Chapter 14-702, entitled “Floor Area, Height, and Dwelling Unit Density Bonuses.” (210633)

Monday, November 22nd

Committee on Rules, 10:00 AM - the Committee will consider eight bills related to the revision of zoning maps and overlays and a bill to continue the Philadelphia Hospitality Improvement Levy District.