Twenty-Ninth Legislative Meeting, Phil Mendelson, Chairman

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[1:46:26] As amended. I think we when we had a
[1:46:31] conversation earlier today about the curfew and there was some
[1:46:35] conversation between colleagues. I think what people felt like
[1:46:39] the intent of the curfew was and what was being realized, what
[1:46:43] was actually happening on the ground were completely
[1:46:46] different. And I don't think we can move
[1:46:49] forward on this without the context of the greater context
[1:46:53] of this moment. And I say that to say that I
[1:46:58] remember in undergraduate studying the school to prison
[1:47:02] pipeline and curfews came up and I remember thinking like, well,
[1:47:05] why were people why would people continue to do it if evidence
[1:47:08] showed that it wasn't effective and it didn't work?
[1:47:09] and it led to carceral. And I remember reading about
[1:47:13] mass incarceration and how it happened.
[1:47:14] and all of these things always do happen in the larger context
[1:47:17] of what's happening nationally. And in this case, it is
[1:47:21] absolutely happening in the context of what we know is
[1:47:24] happening on the national level, because we are seeing these
[1:47:26] things play out in other cities that are doing the same thing
[1:47:30] because of a response that the federal government has decided
[1:47:33] to do in many of our communities.
[1:47:35] and that is why I've always said this is not the right tool for
[1:47:39] this moment in time, because as history judges this moment,
[1:47:43] which it will, we have to remember that what we're going
[1:47:46] to see is that people utilize the tool, while cities, and
[1:47:52] especially dc, was under federal occupation and put our children
[1:47:56] at risk at the at the outweighed risk, at the outweigh of
[1:48:02] benefits that really were not tangible or real in actual
[1:48:06] practice. And so I think we always have to
[1:48:09] remember that what we're seeing on the ground is actual armed
[1:48:12] troops and individuals from federal agencies instituting
[1:48:16] this right now. And we cannot separate those two
[1:48:20] things. The intent and what's happening
[1:48:22] on the ground. Both have to be considered.
[1:48:25] and how we vote on this today, because that is what the lived
[1:48:29] reality of our young people and our communities are not the
[1:48:32] intent, but the reality of harm. And we know the reality of harm
[1:48:36] that exists. So what I ask my colleagues,
[1:48:38] many of you I know, who are also sociologists and anthropologists
[1:48:42] and understand history and have read books on mass incarceration
[1:48:45] and books on these things to do. Vote on this in the context of
[1:48:49] how history will judge this moment and judge the federal
[1:48:53] occupation of cities, cities, especially washington, d.c., and
[1:48:56] not move forward in making this mistake that we know will be a
[1:49:01] mistake if especially if the harm that can be realized, like
[1:49:04] the risk of harm to young people and death without agents, with
[1:49:08] agents and people who don't have de-escalation training and tools
[1:49:12] that don't know our young people and are not under our oversight.
[1:49:15] so I just want to reiterate and reiterate that and encourage my
[1:49:18] colleagues to think about those things as well.
[1:49:20] thank you. Thank you.
[1:49:22] further on the bill, or we can proceed to a vote.
[1:49:27] the vote will be on bill 26-461, as amended.
[1:49:33] all those in favor of the bill say I.
[1:49:36] I. Are there any opposed?
[1:49:40] chairman, please record me as no, mr. Chairman, please record
[1:49:43] me as voting no. Chairman, please report.
[1:49:45] miss voting no. And please record me as voting
[1:49:48] no. Thank you.
[1:49:54] madam secretary, who is recorded as no.
[1:50:03] I have councilmember nadeau. Councilmember robert white,
[1:50:08] councilmember trayon white, sr. And council member parker and
[1:50:11] councilmember lewis. George, please.
[1:50:13] wonderful and council member lucas george.
[1:50:24] the bill is approved. Final reading.
[1:50:32] the next measure. Is.
[1:50:42] bill 26-227. Give me just a second.
[1:51:00] give me a second. We're having a slight problem,
[1:51:14] which is why we're paused. So the next bill before us is
[1:51:47] bill 26-2271. Front door amendment act of
[1:51:49] 2026. I will say so moved.
[1:51:52] I know there's an amendment from council members.
[1:51:55] nadeau and pinto. Part of my difficulty is that my
[1:51:58] screen does not reflect councilmember.
[1:52:00] nadeau, who's on the line. So I will have to be told if she
[1:52:04] wants to be recognized on her amendment, although she did say
[1:52:08] that councilmember pinto would move the amendment.
[1:52:11] so I said so. Moved to the bill.
[1:52:13] I'll recognize council member pinto.
[1:52:15] great. Thank you so much, mr. Chairman,
[1:52:18] and I want to thank you and your team for all of your work on
[1:52:21] this bill as well. And thank councilmember, nadeau
[1:52:23] and your team for working so closely with me and my team on
[1:52:26] the amendment before us today. As I relayed in first reading,
[1:52:31] this legislation is a great step forward in creating more
[1:52:35] multi-unit buildings in the district, especially in places
[1:52:37] where larger apartment buildings are not viable.
[1:52:40] however, as the chairman of the committee on judiciary and
[1:52:43] public safety, safety is always number one for me and has to be
[1:52:48] grounded in all of our policy decisions.
[1:52:50] we have to ensure the safety of all people who will live in
[1:52:55] these units is prioritized, as well as the safety of our first
[1:52:59] responders and our firefighters. This amendment keeps the policy
[1:53:03] goal of more affordable housing intact, while also clarifying
[1:53:06] the intent behind this legislation is for smaller
[1:53:10] buildings to have a maximum of four units per floor.
[1:53:15] or a commensurate, commensurate square footage.
[1:53:18] that way, anyone who's in these units has a safe distance to
[1:53:22] cover in order to exit their building via stairwell and
[1:53:26] congestion in any stairwell. In the event of a fire or
[1:53:30] emergency is relieved. This is one of the important
[1:53:33] concerns that's been raised by our first responders.
[1:53:36] in the event of an emergency, and it's critical that these
[1:53:39] stairwells remain accessible to our first responders and safe
[1:53:42] for them and residents. Lastly, I do want to point out
[1:53:45] that this legislation is the first step towards
[1:53:48] implementation. There's still a rule making
[1:53:50] process in which the code specifications will be
[1:53:53] determined by subject matter experts, and I look forward to
[1:53:56] continuing to stay engaged in that process to ensure that
[1:53:59] safety is paramount. I ask my colleagues to support
[1:54:03] this amendment today that I am moving together with council
[1:54:06] member nadeau. This amendment was circulated
[1:54:14] yesterday, 1206. Is that the correct version?
[1:54:17] yes. If there's no objection, the
[1:54:20] amendment will be accepted. I'm not hearing any objection.
[1:54:28] so the amendment is accepted. Is there further on the bill?
[1:54:34] discussion on the bill, bill 26-227, as amended.
[1:54:39] all those in favor say aye. I.
[1:54:42] are there any opposed? Hearing none, the ayes have it
[1:54:47] unanimously. We will turn to reading and vote
[1:54:53] on proposed resolutions. If there's no objection, I'll
[1:54:58] move the two contracts together. Sb r26-617 and prj 26-619.
[1:55:08] I think I'm supposed to read the entire title.
[1:55:12] contract number. Cfopd-20-c-014.
[1:55:17] extension and payment. Authorization.
[1:55:22] approval resolution of 2026 and contract number.
[1:55:30] cfopd-17-c-009. Extension approval and payment
[1:55:33] authorization approval resolution 2026.
[1:55:37] it doesn't really say a whole lot.
[1:55:42] prj 26-617 would approve a multi-year extension of a
[1:55:45] contract with paymentech llc, which provides merchant
[1:55:50] processing services on behalf of the district of columbia's
[1:55:53] office of finance and treasury. The proposed contract dollar
[1:55:57] value to exercise option period for is not to exceed $10 million
[1:56:01] in the period of performance is from may 19th, 2026 to may 18th,
[1:56:07] 2028. The second contract, pr26-619.
[1:56:14] would approve a multi-year extension of a contract with
[1:56:19] fidelity information services llc, which provides electronic
[1:56:22] benefit transfer services on behalf of the office of finance
[1:56:27] and treasury for the human services benefit program managed
[1:56:30] by the department of human services.
[1:56:32] the proposed amount for option period two is $5.372 million,
[1:56:37] and the period of performance is from june 1st, 2026 to may 31st,
[1:56:42] 2020. Eight.
[1:56:48] so I move the two contracts together.
[1:56:52] is there a discussion? The vote will be on both prj
[1:56:59] 26-617 and prj 26-619. All those in favor, say I I I.
[1:57:06] are there any opposed? Hearing none, the ayes have it
[1:57:10] unanimously. We'll turn now to reading and
[1:57:14] vote on emergency legislation. The first item was withdrawn in
[1:57:20] the office of the secretary. So it is not technically on the
[1:57:26] agenda, so that we will turn to number two on page nine.
[1:57:31] certified business enterprise program compliance and
[1:57:33] enforcement support, emergency declaration resolution of 2026.
[1:57:38] councilmember felder thank you, mr. Chairman.
[1:57:41] good evening, everyone. In 2024, former council member
[1:57:47] and then chair of the committee on business and economic
[1:57:51] development, kenyan r. Mcduffie introduced the certified
[1:57:54] business, enterprise compliance and enforcement support
[1:57:57] emergency amendment act of 2024. The bill was introduced to
[1:58:01] strengthen the existing cb bill and close loopholes.
[1:58:06] specifically, it requires businesses applying for
[1:58:09] certification to be independently owned and
[1:58:11] operated. It also amended minimum
[1:58:15] certified business enterprise performance requirements and a
[1:58:18] certified joint venture, and established uniform hearing
[1:58:22] procedures for enforcement actions and bill.
[1:58:26] rather, the bill passed and expired in 2025, and identical
[1:58:31] emergency bill was put forward and passed.
[1:58:35] unfortunately, the bill expired on march 29th, 2026, leaving
[1:58:41] small businesses unprotected. Today, I'm putting forward a new
[1:58:45] emergency bill that is identical to the previous bills, with an
[1:58:49] amendment that I'll speak to shortly.
[1:58:51] and it was circulated today at 2:22 p.m. Specifically, I'm
[1:58:58] amending the bill to strike a citation to section 19 of the
[1:59:03] office of administrative hearings establishment act of
[1:59:07] 2021. Based on what we've learned this
[1:59:10] morning, the inclusion of section 19 has led to confusion
[1:59:14] about how to interpret the law. And so it is recommended that we
[1:59:18] reference the entire act instead of a specific section.
[1:59:24] aside from the technical change, the proposed emergency bill
[1:59:28] extends, the provisions included in previous bills.
[1:59:31] if the emergency bill does not pass, the agency will continue
[1:59:35] to be exposed to legal risk and bad actors will try and take
[1:59:39] advantage of the loopholes in the law that this bill closes.
[1:59:44] although I'm putting forward this bill on an emergency basis,
[1:59:48] I am, or rather, I want to assure my council colleagues and
[1:59:53] the public that I will work with you guys to come up with a
[1:59:57] permanent version of the bill that keeps the provisions
[2:00:00] included in the emergency bill and adds additional provisions
[2:00:04] that I believe will further strengthen the cb program.
[2:00:09] I ask that my colleagues support this bill, and I look forward to
[2:00:12] working with you all on a permanent bill.
[2:00:18] thank you. I think I heard you say so
[2:00:20] moved. So we have the declaration
[2:00:22] before us. Is there discussion?
[2:00:26] the vote will be on the declaration.
[2:00:30] pr 26-646. All those in favor, say aye.
[2:00:33] I I. Are there any opposed?
[2:00:39] hearing none, the ayes have it unanimous.
[2:00:41] just for the record. Sorry.
[2:00:44] the ayes have it unanimously. We have the underlying bill,
[2:00:49] bill 26-66 for councilmember felder.
[2:00:55] thank you, mr. Chairman. I would like to move the
[2:00:57] amendment to the temporary bill that was approved on the
[2:01:01] emergency bill. So moved.
[2:01:03] I'm sorry. All right.
[2:01:05] so let's be clear. You just said so.
[2:01:08] moved to the bill. Now, I understand you have an
[2:01:11] amendment. Yes.
[2:01:14] and you're moving the amendment? Yes.
[2:01:18] okay. Just to be clear, for the
[2:01:22] record, I don't think you're actually removing section 19
[2:01:27] year, removing the reference to section 19.
[2:01:32] that's the effect of the amendment.
[2:01:34] so if a hearing is requested, e shall conduct the hearing
[2:01:38] pursuant to its processes. That's the intent.
[2:01:45] if there's no objection to the amendment it will be accepted.
[2:01:50] hearing no objection, it is accepted.
[2:01:56] we have the bill as amended. Is there further discussion?
[2:02:02] chair councilmember robert white?
[2:02:04] thank you, chairman. I want to thank councilmember
[2:02:06] felder for this bill and for introducing the amendment.
[2:02:10] this amendment is a. The amendment is a
[2:02:13] straightforward clarification that strengthens due process.
[2:02:16] section 19 was never intended to govern how hearings are
[2:02:19] conducted. It addresses court review after
[2:02:22] the fact, so keeping it tied to a hearing procedure to hearing
[2:02:26] procedures has created unnecessary confusion and opened
[2:02:28] the door to arguments that can restrict parties ability to
[2:02:33] fully present their case. So by removing this section and
[2:02:36] relying on the statutory framework that actually governs
[2:02:41] hearings, the amendment restores clarity and it ensures that all
[2:02:44] parties retain their full rights to present evidence and question
[2:02:48] witnesses without ambiguity being used to limit those
[2:02:52] rights. So with this technical fix, I
[2:02:55] look forward to supporting the underlying bill.
[2:02:57] thank you, chairman. So we have the bill before us.
[2:03:02] is there any further discussion? The vote is on bill 26-664, as
[2:03:10] amended. All those in favor say I I, I.
[2:03:14] are there any opposed? Hearing none.
[2:03:17] the ayes have it unanimously. The next measure is pr 26-681.
[2:03:24] volunteer services clarification emergency declaration resolution
[2:03:28] of 2026. Councilmember pinto.
[2:03:34] I'm sorry, is this 26681? Volunteer services clarification
[2:03:40] emergency declaration. Great.
[2:03:42] this bill really just enables lawyers at the attorney
[2:03:47] general's office to provide volunteer legal services.
[2:03:49] so moved. We have the declaration before
[2:03:54] us. Is there discussion?
[2:03:58] councilmember. Pinto.
[2:03:58] this is we've adopted this legislation before.
[2:04:02] have we not? So this is just renewing the
[2:04:05] emergency and temporary. Pr 26-681.
[2:04:11] all those in favor, say I I, I. Are there any opposed?
[2:04:18] I hearing no, no votes. You guys have unanimously.
[2:04:22] the underlying bill is bill 26-672.
[2:04:25] councilmember pinto. So so moved.
[2:04:34] thank you. We have the bill before us.
[2:04:36] is there discussion? On the bill bill 26-672.
[2:04:42] all those in favor say I. I I are there any no votes.
[2:04:50] hearing none. The ayes have it unanimously.
[2:04:53] the next measure is pr 26-682. Strengthening probate
[2:04:58] administration emergency declaration resolution of 2026.
[2:05:01] councilmember pinto. Microphone.
[2:05:06] sorry. Thank you.
[2:05:08] I'm moving this today together with council member allen.
[2:05:11] and I want to thank him and his team for all of your shared
[2:05:15] commitment to this important resolution and legislation.
[2:05:19] this is really just to prevent a gap, because the temporary
[2:05:22] legislation currently in place expires may 14th.
[2:05:25] and so we need to re-up this emergency legislation until the
[2:05:28] permanent changes can become fixed.
[2:05:31] I want to defer to my colleague if you have any other pieces to
[2:05:35] add. I don't.
[2:05:37] thank you very much. So moved.
[2:05:42] we have. The declaration before us.
[2:05:43] is there discussion? The vote will be on pr 26-682.
[2:05:49] all those in favor, say aye. I.
[2:05:53] are there any opposed? Hearing none.
[2:05:56] the ayes have it unanimously. The underlying bill is bill
[2:06:02] 26-674. Councilmember pinto.
[2:06:05] so moved. Is there a discussion?
[2:06:10] the vote will be on bill 26-674. All those in favor say aye.
[2:06:15] I. Are there any opposed.
[2:06:18] hearing none. The ayes have it unanimously.
[2:06:22] the next measure is pr 26-684. Dc water and sewer authority
[2:06:29] billing and disconnection clarification.
[2:06:31] emergency declaration resolution of 2026.
[2:06:34] council member allen. Thank you, mr. Chairman.
[2:06:37] this emergency helps continue the round of emergency and
[2:06:41] temporary legislation, maintaining provisions,
[2:06:43] clarifying dc waters ability to impose late fees for water
[2:06:45] service charges, as well as reporting to the council and opc
[2:06:49] to prevent a gap while we wait for the imminent permanent to
[2:06:52] move forward. With that, I move the deck.
[2:06:54] mister chair. Thank you.
[2:06:58] we have the declaration before us.
[2:07:00] is there a discussion? The vote will be on pier 26-684.
[2:07:06] all those in favor, say aye. I I I are there any opposed?
[2:07:12] hearing none. The ayes have it unanimously.
[2:07:15] we have the underlying bill, bill 26-679.
[2:07:18] council member allen so moved. Mr. Chair is there discussion.
[2:07:24] on the bill bill 26-679. All those in favor, say aye.
[2:07:28] I. Are there any opposed.
[2:07:32] hearing none. The ayes have it unanimously.
[2:07:36] the next measure is pr 26-683. Personal delivery device weight
[2:07:41] limit. Emergency declaration resolution
[2:07:44] of 2026. Councilmember allen.
[2:07:46] thank you, mr. Chairman. Just like the last several
[2:07:48] measures, this extends a new round of emergency and temporary
[2:07:51] legislation needed to prevent a gap in the law from the
[2:07:53] expiration of the temporary law and the upcoming passage of the
[2:07:55] permanent bill. I move the deck, mister chair,
[2:07:59] we have the declaration before us.
[2:08:00] is there a discussion? The vote will be on pr 26-683.
[2:08:06] all those in favor, say aye. Aye.
[2:08:10] are there any opposed? Mr. Chairman, please record me
[2:08:13] as voting no. The secretary will record
[2:08:20] councilmember frumin is voting no.
[2:08:24] the ayes have it. That was on the declaration on
[2:08:28] the underlying bill, bill 26-677.
[2:08:32] councilmember allen. So moved.
[2:08:33] mr. Chair, I is there a discussion?
[2:08:39] regarding the vote will be on bill 26-677.
[2:08:42] all those in favor, say aye. I I.
[2:08:46] are there any opposed? Mr. Chairman, please record me
[2:08:50] as voting no. Secretary will record
[2:08:54] councilmember frumin is voting no.
[2:08:56] the ayes have it. The next measure is pr 26-685.
[2:09:06] reservoir district tax exemption.
[2:09:09] emergency declaration resolution 2026.
[2:09:12] councilmember parker. Thank you, mr. Chairman.
[2:09:14] the reservoir district is a mixed use urban community that
[2:09:18] exemplifies the district's public private partnership
[2:09:20] model. Right in ward five.
[2:09:24] currently, the dc co provides a tax exemption for reservoir
[2:09:28] district parcels two and four, a critical component of the
[2:09:31] project's financing. The project's tafa was
[2:09:33] structured using the 80% income limit category of the
[2:09:37] multifamily tax subsidy project. Income limits established
[2:09:41] annually by hud, and then february of this year, the
[2:09:46] inclusionary zoning rates were updated by dhcd, and they do not
[2:09:50] match with hud's multifamily tax subsidy project income limits.
[2:09:54] and so this emergency is necessary so that the project
[2:10:00] can continue to pencil out and move forward.
[2:10:03] and essentially, it would allow the development there to be
[2:10:08] aligned to the hud rates using 8% income limit category of
[2:10:13] multifamily tax subsidy project income limits.
[2:10:18] so moved. Councilmember parker this has no
[2:10:22] fiscal impact beyond what we have previously approved.
[2:10:25] that is correct. That is correct.
[2:10:27] we have the declaration before us.
[2:10:29] is there discussion? Councilmember.
[2:10:32] pinto. All right, councilor parker, can
[2:10:35] you say a little bit more about why this project should have a
[2:10:40] different standard and what that means to other projects?
[2:10:44] yeah, primarily because it predated the update from dhcd in
[2:10:50] february of this year. And so as the project was
[2:10:53] penciled out, the tax abatement that this body had already
[2:10:57] provided, the development team there was based on those hud
[2:11:01] rates and dcd's latest update does not align.
[2:11:05] and so if we did not do this, that development project would
[2:11:09] not move forward. And I'm sure that's not what
[2:11:12] anybody would want. Any further discussion.
[2:11:19] the vote will be on the declaration pr26-685.
[2:11:23] all those in favor, say aye. I.
[2:11:26] are there any opposed. Hearing none.
[2:11:29] the ayes have it unanimously. We have underlying bill bill
[2:11:34] 26-681. Councilmember parker so moved.
[2:11:39] discussion. The vote will be on the bill.
[2:11:41] all those in favor say I, I, I. Are there any opposed?
[2:11:49] hearing none. The ayes have it unanimously.
[2:11:52] we'll turn now to temporary. Please listen carefully.
[2:11:56] so if there's no objection, I'm going to move in block numbers
[2:12:02] two, three, four, five and seven.
[2:12:05] that's bill 26, dash 665. Certified business enterprise
[2:12:10] program compliance and enforcement support temporary
[2:12:14] amendment act as of 2026, the temporary will reflect the
[2:12:19] emergency as amended. That's clear.
[2:12:22] madam general council. Yes, it is, mr. Chairman, the
[2:12:25] second bill in this package is bill 26-673.
[2:12:29] volunteer services clarification temporary amendment act of 2026.
[2:12:34] the third is bill 26-675, strengthening probate
[2:12:39] administration temporary amendment act of 2026.
[2:12:41] the fourth is dc water and sewer authority billing and
[2:12:45] disconnection clarification temporary amendment act of 2026.
[2:12:48] that's bill 26-680. And then also included is bill
[2:12:55] 26-682, reservoir district tax exemption temporary amendment
[2:12:58] act of 2026 hearing no objection, I move those bills in
[2:13:03] black. Is there a discussion?
[2:13:08] on those bills? All those in favor say I.
[2:13:12] I. Are there any opposed hearing
[2:13:15] none. The ayes have it unanimously.
[2:13:20] bill 26-678. Personal delivery device weight
[2:13:23] limit temporary amendment act of 2026.
[2:13:26] council member allen. So moved.
[2:13:32] discussion. On the bill.
[2:13:33] all those in favor say I. I I I.
[2:13:36] are there any opposed? Mr. Chairman, please record me
[2:13:39] as voting no. Madam secretary.
[2:13:42] record councilmember frumin is voting no.
[2:13:45] and the ayes have it. That is going to conclude this
[2:13:53] meeting. I'm sorry, ladies and gentlemen,
[2:13:59] that the good times have come to an end.
[2:14:04] the time is 4:28 p.m. And this meeting is adjourned.