District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0427 Compare Versions

Only one version of the bill is available at this time.

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5	5	COUNCIL OF THE DISTRICT OF COLUMBIA
6	6	OFFICE OF COUNCILMEMBER BROOKE PINTO
7	7	THE JOHN A. WILSON BUILDING
8	8	1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
9	9	WASHINGTON, D.C. 20004
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15	15	July 13, 2023
16	16	Nyasha Smith, Secretary
17	17	Council of the District of Columbia
18	18	1350 Pennsylvania Avenue, N.W.
19	19	Washington, DC 20004
20	20	Dear Secretary Smith,
21	21	Today, I am introducing the “Fairness in Use and Negotiation for All Recreational Property Act
22	22	of 2023.” I am proud to be joined by Councilmembers Anita Bonds, Robert C. White, Jr., Christina
23	23	Henderson, Zachary Parker, Matthew Frumin, Janeese Lewis George, and Trayon White, Sr. as
24	24	co-introducers. Please find attached a signed copy of the legislation.
25	25	The purpose of this legislation is to require the Mayor to engage the public for review and comment
26	26	and also to submit to the Council for review and approval by resolution, all exclusive use or license
27	27	agreements for District-owned recreational property that cover a period of three years or more.
28	28	Currently, as long as an agreement has a value of less than $1 million, District law allows the
29	29	Mayor to lease public recreational space for years or even decades without public input or Council
30	30	review, to a private entity. Thus, in numerous instances over the past several years, the Mayor has
31	31	leased District recreational property without any public notice and often times over broad
32	32	community and Council opposition.
33	33	While these agreements may sometimes be beneficial for the District’s many priorities, their
34	34	exclusive nature denies District residents, especially District children, the use and enjoyment of
35	35	these valuable public assets. Accordingly, District taxpayers and their representatives on the
36	36	Council, should be afforded the opportunity to review the agreements before District residents lose
37	37	their right to use these parks, playing fields, and other facilities held in the public trust.
38	38	This bill closes this loophole by requiring the Mayor to:
39	39	1. Satisfy the following public engagement requirements:
40	40	• The Mayor must hold at least one public hearing to obtain community input to inform the
41	41	Mayor’s determination whether a property should be exclusively leased. The hearing must
42	42	be held at an accessible time and location in the vicinity of the recreational property.
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46	46	• The Mayor must provide at least 30 days’ written notice of the public hearing to the affected
47	47	Advisory Neighborhood Commissions. A summary of the proposal, including a listing of
48	48	the principal information required of the Mayor, must accompany the notice.
49	49	2. Satisfy the following Council review requirements:
50	50	• The Mayor must submit a proposed resolution and analysis regarding the exclusive
51	51	agreement to the Council for review and approval.
52	52	• The resolution must include an analysis that includes: a description of the terms of the
53	53	agreement, the District’s current use of the property and why the District’s use of the
54	54	property should be limited or cease, a description of potential public uses of the property
55	55	considered by the Mayor, a narrative as to why the property is better suited for the purpose
56	56	described in the agreement rather than for public uses considered by the Mayor, an
57	57	explanation why the agreement is in the best interests of the District, an explanation of any
58	58	impact that the proposed exclusive agreement is expected to have on racial equity in the
59	59	District, and a summary of public comments received at the required public hearing..
60	60	Should you have any questions about this legislation, please contact my Legislative Director, Linn
61	61	Groft, at lgroft@dccouncil.gov.
62	62	Thank you,
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64	64	Brooke Pinto
65	65	Councilmember for Ward 2 1
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67	67	_______________________________ ____________________________
68	68	Councilmember Anita Bonds Councilmember Brooke Pinto
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71	71	_______________________________ _______________________________
72	72	Councilmember Christina Henderson Councilmember Robert C. White, Jr.
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75	75	_______________________________ _______________________________
76	76	Councilmember Matthew Frumin Councilmember Zachary Parker
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79	79	_______________________________ _______________________________
80	80	Councilmember Trayon White, Sr. Councilmember Janeese Lewis George
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84	84	A BILL 1
85	85	__________ 2
86	86	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 3
87	87	_________________ 4
88	88	To provide that, before entering into an exclusive agreement with respect to the use of District-5
89	89	owned recreational property for a term of 3 or more years, the Mayor shall satisfy certain 6
90	90	public engagement requirements, include in the exclusive agreement a provision for an 7
91	91	annual audit to ensure compliance with the terms of the exclusive agreement, and submit 8
92	92	a proposed resolution to the Council for review and approval, which shall include a 9
93	93	description of the District’s current use of the District-owned recreational property, the 10
94	94	fair market value of the requested use, and the anticipated amount that would be charged 11
95	95	for exclusive usage. 12
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97	97	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 14
98	98	act may be cited as the “Fairness in Use and Negotiation for All Recreational Property Act of 15
99	99	2023”. 16
100	100	Sec. 2. Submission to the Council of long-term use or license agreements. 17
101	101	(a) For purposes of this section, the term: 18
102	102	(1) “District-owned recreational property” means any park, playground, recreation 19
103	103	center, community center, sports field, aquatic center, District of Columbia public school 20
104	104	buildings, or similar recreational space titled in the name of the District or in which the District 21
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108	108	has a controlling interest. The term “District-owned recreational property” does not include 22
109	109	facilities operated by a District of Columbia Public Charter School. 23
110	110	(2) “Exclusive agreement” means a use agreement, license agreement, or other 24
111	111	contractual arrangement between the District government, and another party that has a duration 25
112	112	of 3 years or greater, inclusive of options, and that provides the other party with a right, whether 26
113	113	fully exercised or not, to exclude others from using the District-owned recreational property 27
114	114	during the District-owned recreational property’s typical operating hours. The term “exclusive 28
115	115	agreement” does not include any real property disposition or contract that is subject to Council 29
116	116	approval under another District law. 30
117	117	(b)(1) Before entering into an exclusive agreement with respect to the use of District-31
118	118	owned recreational property, the Mayor shall satisfy the public engagement requirements of 32
119	119	subsection (c) of this section and submit a proposed resolution to the Council for review and 33
120	120	approval in accordance with the criteria established in paragraph (2) of this subsection. 34
121	121	(2) A proposed exclusive agreement shall be deemed approved by the Council if 35
122	122	one of the following occurs: 36
123	123	(A) During the 10-day period beginning on the 1st day (excluding 37
124	124	Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the 38
125	125	Council, no member of the Council introduces a resolution to approve or disapprove the 39
126	126	proposed exclusive agreement; or 40
127	127	(B) If a resolution has been introduced in accordance with subparagraph 41
128	128	(A) of this paragraph, and the Council does not approve or disapprove the exclusive agreement 42
129	129	during the 45-day review period beginning on the 1st day (excluding Saturdays, Sundays, and 43
130	130	holidays) following its receipt by the Office of the Secretary to the Council. 44
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134	134	(c)(1) Before submitting a proposed resolution pursuant to this section, the Mayor shall 45
135	135	hold at least one public hearing to obtain community input to inform the Mayor’s determination 46
136	136	whether an exclusive agreement should be entered into with respect to the District-owned 47
137	137	recreational property. 48
138	138	(2)(A) The hearing shall be held at an accessible evening or weekend time and in 49
139	139	an accessible location in the vicinity of the District-owned recreational property. 50
140	140	(B) The Mayor shall: 51
141	141	(i) At least 30 days before holding the public hearing, provide 52
142	142	written notice of the public hearing to affected Advisory Neighborhood Commissions, which 53
143	143	shall contain a summary of the proposal and the information described in subsection (d) of this 54
144	144	section; and 55
145	145	(ii) At least 15 days before the hearing, publicize the public 56
146	146	hearing by posting a written notice at the District-owned recreational property and placing a 57
147	147	notice of the public hearing in the District of Columbia Register. 58
148	148	(d) A proposed resolution submitted pursuant to subsection (b) of this section shall: 59
149	149	(1) Include the following: 60
150	150	(A) A physical description of the District-owned recreational property; 61
151	151	(B) The name and business address, if applicable, of the intended 62
152	152	counterparty to the proposed exclusive agreement; 63
153	153	(C) A description of the use of the District-owned recreational property to 64
154	154	be permitted under the exclusive agreement; 65
155	155	(D) A statement that the exclusive agreement shall not be inconsistent 66
156	156	with the substantive business terms submitted by the Mayor with the resolution in accordance 67
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160	160	with paragraph (2) of this subsection, unless revisions to those substantive business terms are 68
161	161	approved by the Council; and 69
162	162	(E) A statement that the exclusive agreement shall contain a provision 70
163	163	requiring an annual audit to ensure the lease abides by the usage agreement. 71
164	164	(2) Be accompanied by an analysis that includes the following: 72
165	165	(A) An executed term sheet or memorandum of understanding between the 73
166	166	District and the intended counterparty to the proposed exclusive agreement, including a 74
167	167	description of the substantive business terms of the exclusive agreement and any other terms that 75
168	168	the Mayor finds to be in the best interest of the District; 76
169	169	(B) A description of the District’s current use of the District-owned 77
170	170	recreational property, the fair market value of the requested use, the anticipated amount that 78
171	171	would be charged for exclusive usage, and why the District’s use of the property should be 79
172	172	limited or should cease pursuant to the proposed exclusive agreement; 80
173	173	(C) A description of potential public uses of the District-owned 81
174	174	recreational property considered by the Mayor; 82
175	175	(D) A detailed narrative as to why the District-owned recreational property 83
176	176	is better suited for the purpose described in the proposed exclusive agreement rather than for 84
177	177	each public use considered by the Mayor; 85
178	178	(E) A detailed explanation why the proposed exclusive agreement is in the 86
179	179	best interests of the District; 87
180	180	(F) An explanation of any impact that the proposed exclusive agreement is 88
181	181	expected to have on racial equity in the District; and 89
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185	185	(G) A summary of public comments received at the public hearing 90
186	186	required under subsection (c) of this section. 91
187	187	Sec. 3. Fiscal impact statement. 92
188	188	The Council adopts the fiscal impact statement in the committee report as the fiscal 93
189	189	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 94
190	190	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 95
191	191	Sec. 4. Effective date. 96
192	192	This act shall take effect following approval by the Mayor (or in the event of veto by the 97
193	193	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 98
194	194	provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 99
195	195	24, 1973 (87 Stat. 813; D.C. Official Code § l-206.02(c)(l)), and publication in the District of 100
196	196	Columbia Register. 101