foreign this meeting this is a additional meeting of the committee the whole of the Council of the District of Columbia I'm Phil mendels and chairman of the council and chair of the committee of the whole today is Tuesday March 7th 2023 the time is 11 45 in the morning uh this meeting is being held in the council chambers room 500 of the Johnny Wilson building but it is also available to the public uh via the zoom video conference broadcast platform and incidentally there's at least a couple of members who are participating uh via that platform this meeting is also being broadcast live on Council Channel 13 and is available on the council's website which is www.dccouncil.gov this is what we call an additional meeting of the committee of the whole that means it's not a regularly scheduled meeting when we are complete the business of the committee as a whole we will then adjourn and a few minutes later take up the legislative meeting which is a regular scheduled meeting uh the council meets the legislature regularly on the first Tuesday of the month which is today so that will follow this committee as a whole uh we begin our committee the whole meetings determining whether we have a quorum Mr Cash would you call the roll chairman Mendelson president council member Allen here councilmember bonds here councilmember Freeman resin councilmember gray here councilmember Henderson here councilmember Lewis George I'm sorry Lewis George councilmember McDuffie councilmember Nadeau here councilmember Parker here councilmember Pinto I'm sorry Pinto councilmember Robert White president councilmember Trey on white present Mr chairman you have a quorum thank you Mr Cash we have five measures for markup in the community the whole and just to remind members of these measures are debatable uh the first is Bill 25-23 entitled Woodson way designation Act of 2023. uh this bill would symbolically designate the 500 block of 55th Street Northeast as Woodson way the location is in Ward 7. a symbolic naming is for ceremonial purposes and shall be in addition to and subordinate to any name that is an official name H.T Woodson Senior High School is located at 540 55th Street Northeast the schools in the Deanwood neighborhood and is named in honor of local Civic leader and engineer Howard Dilworth Woodson Mr Woodson along with other local residents began advocating for a public high school in the far Northeast in the 1950s because neighborhood students would otherwise attend schools West of the Anacostia River like Spingarn or Eastern or they would attend Anacostia High School which was much further to the South H.D Woodson Senior High School opened in 1972 10 years after midsular Woodson's death in 2022 the alumni and Community celebrated H.D Woodson's 50th Anniversary next to High School's 50th Anniversary the school has a rich Legacy of providing a quality education to Learners across the district using an intentional focus on College and Career Readiness to prepare its Scholars to be competitive in their post-secondary Pursuits this school strives to maintain an environment where students feel loved challenged and prepared the school is also well known for its Championship athletic programs Woodson way which is filled with ceremonially name the street the block is fitting in that it is the school's motto The Motto was first mentioned by H.D Woodson's first principal Napoleon Lewis and was continued by its second principal James Curry the idea behind the model motto is that everything one does must be done with the highest level of effort integrity and respect the Woodson way is a source of Pride and tradition to students teachers and administrators past and present assuming this is approved by the committee the committee of the whole recommends Council approval of Bill 25-23 the Woodson white designation Act of 2023. bill was first introduced by councilmember gray on October 3rd 2022 the committee of the whole held a hearing on December 12 2022 the Committees received no testimony or comments on opposition on January 11 2023 uh the bill was reintroduced as Bill 25-23 introduced by councilmember gray and seven other council members if there's no objection I will move both to print and Report with leave for staff to make technical conforming and editorial changes is there discussion Mr chairman yes Mr Gray I want to thank you for moving uh this symbolic Street designation representatives of the H.D Woodson Alumni Association asked me to introduce this bill uh to honor the school's 50th anniversary in 2022. this bill will symbolically designate the block where the school sits as Woodson way Woodson way uh I'd ask my colleagues to support thank you Mr chairman uh thank you councilmember Greg there's no further discussion the roll call vote will be on both the print and Report with lead for staff Mr Cash would you call the roll councilmember Parker yes that's our Parker votes yes council member Pinto yes councilmember Pinto votes yes council member Robert White yes councilman Robert White votes yes councilmember Tran white yes councilmember Tran white votes yes councilmember Allen yes customer Allen votes he has council member bonds yes councilmember bonds votes yes councilmember Freeman yes councilmember Freeman votes yes council member Gray yes councilmember gray votes yes councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George Yes councilmember Lewis George folks yes councilmember McDuffie yes councilmember McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes council member Nadeau yes votes yes Mr chairman there are 13 yeses thank you Mr Cash the print and Report are approved unanimously Madam general counsel is to measure legally and police vision for our consideration yes it is um secretaries to record complete Mr assistant secretary once the report is filed now I've lost my place Madam budget director does the measures fiscal impact statement comply with Council requirements yes it does the objection this measure will be placed on the consent agenda for today's legislative meeting the second measure for markup is Bill 25-68 entitled the street vendor advancement Amendment Act of 2023. this bill would amend the vending regulation Act of 2009 to remove criminal to remove criminal penalties for violations of the vending law or regulations to allow the mayor to establish sidewalk vending zones in the district to establish a sidewalk vending Zone in Columbia Heights and waive unpaid fines for vending related citations issued for sidewalk vendors who obtain a sidewalk vending Zone individual licensed or register with a sidewalk vending Zone Manager the committee print is much broader in effect than the introduced bill fundamentally this legislation is about making it easier for sidewalk vendors to become licensed and to make a living I'm going to go over some of the provisions that are in the bill and I am excerpting from the community reports so there's much more detail in the community report first the community print removes language in the code in the existing DC code applying criminal penalties to violations of the vending law and regulations second the commute print amends the definition of cottage food product to allow for the sale of non-pre-packaged potentially hazardous food and revises demand packaging and labeling requirements so that if a product cannot be pre-packaged the cottage food licensee must have signage with information that is required on labels that's currently required on labels for prepackaged food third the committee print ensures that vendors do not need to undergo a criminal background check prior to or after receiving a license of course the committee print reduces the cost of fees associated with vending licenses with vending licenses and permits cost the fees which can be quite onerous for vendors the community report on page nine and ten actually pages eight nine and ten go through what some of these costs are and the costs can be as much as fifty thousand dollars over two years and a significant obstacle for somebody who wished us to do sidewalk Vending the community print loosens cart equipment requirements for certain vendors and it amends food vending cart Service and Storage requirements to give Street vendors more options for storage the committee print makes substantive changes to the current civil enforcement regime the print reclassifies current civil infractions related to Street vending only vending without a license or permit or knowingly altering forging or mutilating a licensor permit are maintained as class one civil infractions I believe right now there are 10 class 1 civil infections and with this printer will be two again vending without a license or permit or knowingly altering forging or mutilating a licensing permit the committee print also makes changes to the sidewalk vending Zone licenses and the committee print establishes a Columbia Heights Mount Pleasant sidewalk vending Zone the committee print establishes an amnesty program for decades the district government has approached Street and sidewalk vending with hostility leading to criminal enforcement of civil infractions owner's fees an overly restrictive regulations that impede people's ability to make a living from Vending this bill bill 25-68 represents an opportunity to correct this Dynamic by removing criminal enforcement of vending laws and regulations by reducing fees making it easier for vendors to operate in service funding cards establishing a sidewalk vending Zone in Columbia Heights in Mount Pleasant it will serve as a pilot for a more collaborative approach to the administration of vending space and regulations and by creating an amnesty program to help vendors burden with fines become compliant again these desperately needed reforms will ensure that vendors and aspiring vendors most of whom are Black and Hispanic or Hispanic have a genuine opportunity to thrive given these facts and assuming that there is an affirmative vote the committee recommends Council approval of the committee of the whole print for Bill 25-68. this bill was originally introduced in the last Council period is two bills bill 24-49 introduced by councilmember Nadeau and co-introduced by eight other council members and Bill 24-50 introduced by councilmember Nadeau and co-introduced by five other council members Community the whole held a public hearing on these bills on those bills on November 26 2022. on January 25th of this year Bill 25-68 a combination of the two bills was introduced by councilmember Nadeau and myself I'm going to move the print with leave for staff to make Technical and conforming changes is there discussion chairman councilmember Henderson I thought I heard it was it would help if I look counselor in the Dove I mean I'm not going to tell you how to do your job but thank you chairman uh thank you chairman um this has been a long road this is the third introduction of this legislation I'm glad to have been joined by some fellow Travelers including and I say this with great appreciation you chairman Mendelson I also want to thank council members gray and Allen for co-sponsoring and so many others who uh introduced prior versions of the bills I'm thrilled to have in the chamber today Street vendors and Advocates with bendadores unidos and Beloved Community incubator who have guided this process from the time when we first began working together to create access to Grants food handling certification commercial cooking space and eventually the effort to change District law Street vendors contribute to the vibrant atmosphere of Columbia Heights Mount Pleasant and diverse neighborhoods throughout the district their presence reflects and enriches the diverse culture of our city it's an essential part of what makes Ward one so energetic and beautiful Street vendors contribute to the local economy and their vending supports themselves and their families in 2019 after the well-known incident in which police confronted a 15 year old who was selling Goods while her mother ran errands that resulted in injury and Trauma for this girl and emphasized the point that street vending violations should not be criminal matters if a business owner with a store has an expired license police don't come and arrest them now that spot outside the Pan Am grocery store on 14th Street is lifted up in the committee report for this bill included in the map of the legally permitted vending locations in the new Columbia Heights Mount Pleasant vending Zone that is a symbolic Victory alongside all the more tangible victories contained in this bill so what does the legislation do first it stops the criminalization of Street Vending enforcement should be a licensing issue as it is with other businesses we had a robust discussion of this at the council breakfast and I appreciate colleagues ideas to make sure we craft a new enforcement system that is both fair and effective this bill also creates a vending Zone Manager for a new pilot Zone in Columbia Heights Mount Pleasant with potential for other managers elsewhere and that contract is also important for compliance and enforcement as much as it is for support and empowerment of vendors a vending Zone Manager will be responsible for site planning resolving conflicts between vendors ensuring licensing is up to date keeping track of all vendors with the in the zone and communicating with the Department of Licensing and consumer protection the bill critically makes it easier for a vendor to get the licenses and approvals they need to start and run their businesses as chairman Mendelson has said previously regulations should not be so onerous that Ordinary People many of whom are immigrants and people of color cannot enter this line of work and make a living there's a philosophy underlying these licensing changes we're changing Street bending from something just tolerated and sometimes barely tolerated to recognizing it as a fundamental part of our economy a pathway to economic empowerment for residents and indeed an economic development engine itself Mr chairman may I continue without objection as their experience in Colombia hits has shown formalizing this economy provides opportunities to create more active and Lively spaces and even helps with Public Safety providing more consistent eyes on the street last but not least the legislation creates an amnesty program for unpaid licensing related civil citations for vendors who properly obtain the necessary licenses I want to acknowledge again the people who are here you've raised your voices shared your experiences and kept me and my fellow council members accountable for moving this forward government works best when it's partnership when it's a partnership with residents and you have made this very much a partnership I also want to thank the chairman and his staff especially Blaine stum who has done a masterful job not only on the committee print but on the report itself which encompasses the full Arc of the history of vending laws in DC dating all the way back to the 1800s through this legislation we can move all vendors into full compliance allow them to successfully run their businesses and provide for their families and to operate without unnecessary barriers and without fear and support and lift up the vibrancy of our community and community members as the chair of the public works and operations committee with oversight of dlcp I'm excited to begin the work of oversight as the executive implements this legislation and as the ward 1 council member I'm very excited to see the establishment of the new Columbia Heights Mount Pleasant vending Zone as well as the additional study of how to best support vendors with new physical infrastructure such as storage space public restrooms and public spaces built with Vending in mind I'm happy to work with colleagues to see how the experience of this pilot Zone can be helped throughout the district thank you chairman and I ask my colleagues to join me in voting for the committee print is circulated thank you councilmanado further councilmember Henderson thank you Mr chairman um Mr chairman I have uh several concerns with the committee print um specifically regarding Provisions that make significant changes to the district's Cottage food laws and regulations the district's caught it food license is currently designed to enable small food businesses who sell non-potentially hazardous foods made in their home kitchens directly to Consumers the term non-potentially hazardous food includes food products that do not need time new do not need time or temperature controls in order to be considered safer consumption such as herbs spices popcorn and baked goods the committee print would expand the definition of cottage food products and strip DC health of its discretion to determine the list of cottage food products as written it states that Cottage food products would include quote any prepared processed or packaged food product except uncooked or raw meats or raw dairy products through conversations with DC health and the street render Community I believe that we can create a tailored solution here that is consistent with food safety best practices DC health has voiced strong opposition to this provision and I share their concerns that food businesses selling food products that do require time and temperature controls like raw cut produce and prepared food should meet a higher food safety standard than the current Cottage food program then the current Cottage food program requires and that this current language could lead to increased foodborne illnesses for district residents further the provisions would impact far more than the businesses that this license excuse me that this legislation purports to be for the changes to the cottage food laws would expand the program to include any person selling food made in their homes so long as they take a food safety training or apply for a license through DC health I plan to work with you Mr chairman as well as DC health and my colleagues between now and second reading on some compromise language but over the last few days DC Health has expressed an interest and willingness to work with Council staff and the street vendor Community to develop a licensing system that works for growth party both parties I'm optimistic that we can reach a more tailored solution that aligns with food food safety best practices but unfortunately today I can't vote in favor of this legislation thank you thank you councilmember Henderson uh let me note that uh I am eager to work with you see that if we can make some improvements with regard to this language my office has already reached out to the Department of Health I do want to note for members that there are a number of states that uh have a similar approach and just similar to this committee print with regard to Cottage food laws I also want to note to be clear on the record Cottage food applicants with this bill will still have to pass a certified food protection manager examination to receive a license and there will be warning labels just as there is now there would be warning labels on uh Cottage food something to the effect of made by a cottage Food business that is not subject to the district of Columbia's food safety regulations which gives in helps consumers to be informed uh but um yes we will work together council member Pinto thank you so much Mr chairman and I want to congratulate you and council member Nadeau and all those in the room who've worked so hard on this important issue um I am looking forward to supporting this bill today and think it's a great step towards supporting and advancing entrepreneurship in our city I do want to highlight that as is included in the bill Street vending will not be permissible or appropriate everywhere in the city and it's still going to be really important to work closely together with the Department of Consumer Affairs and Licensing dlcp uh Mr Mr word there but to make sure that we're all both prioritizing getting licenses and doing so in an expedited fashion and making sure that we can all work together safely to do so I am concerned with council member Henderson's point about the cottage food and look forward to following along that effort in the next two weeks to see how how health can be prioritized and lastly I just want to confirm for the record something that we talked about at this morning's breakfast which was around drug sales and cannabis and while we are in this unusual State of Affairs in the District of Columbia with having um an inability to regulate our adult use cannabis Market in the way that we'd like to that sales of drugs or cannabis are still not permitted in the district if you are not licensed to do so I just want to make that clear for the record thank you thank you yes and uh just to reinforce that point this bill does nothing to change the medical marijuana law uh just as it does nothing to change the um the law regarding um the sale of alcohol and I just cite that as well because any product that is separately regulated and how it can be sold if it can be sold is unaffected by this and those prohibitions would remain in full force is any further discussion on this bill councilmember Parker thank you chairman I just want to note as well um the concerns from DC health and I share uh the concerns of council member Henderson and appreciate the commitments that both you and councilman render doe have made to take action follow-up work with them to address those concerns I do think there is a path forward to tailor uh the aspects of the definition around Cottage foods to pertain just to um Street vendors versus opening up the definition uh more broadly there was also a lot of discussion this morning around enforcement that there is a commitment for you all to address and so today I do look forward to voting uh in favor of this and apply both you and councilmember Nadeau's efforts here I believe this is a positive step for the district but I also just want to note my concerns around the ambiguity around how we are going to enforce this the language in both the committee print and I would just point members to the racial Equity impact assessment here that reads while just uh decriminalization of unlicensed vending May reduce police interactions with vendors it is not clear that it or other government enforcement Behavior will be fully improved and so with that if there can be a greater emphasis placed on the work that District agencies will take to enforce the regulations that would be much appreciated thank you councilmember uh further on the print what we have before us is the print would leave for stuff to make technical conforming changes we'll have a roll call on that and then a Voice vote on the report Mr Cash would you call the roll councilmember Pinto yes councilmember Pinto votes yes councilmember Robert White yes councilmember Robert White votes yes council member Trey on white councilmember Tran White yes yes counselor Tran white votes yes councilmember Allen yes councilmember Allen votes yes councilmember bonds yes councilmember bonds votes yes council member Freeman yes councilmember Freeman votes yes council member Gray no councilmember gray votes no councilmember Henderson no councilmember Henderson votes no councilmember Lewis George yes councilman Lewis George votes yes councilmember McDuffie yes councilman McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes council member Nadeau yes councilmember Nadeau boots yes councilmember Parker yes councilor Parker votes yes Mr chairman there are 11 yeses and two no's thank you Mr Cash the print is approved we could have order please in the chamber uh I moved the report would leave for staff to make technical conforming and editorial changes is there discussion we'll have a Voice vote on the report and if anybody wishes to vote no um please identify yourselves all those in favor of the report would leave for staff say aye aye aye are there any no votes record me as voting no Mr chairman councilmember Henderson will be recorded as voting no good yeah councilman agree were you saying anything no I don't Mrs Jones I voted no uh Mr Gray voted no on the report uh the uh eyes have it on the report I'm general counsel is the measure legally and Technical Institution for our consideration yes it is and I'm secretaries for record complete once the report is filed and a budget director does the measures physical impact statement comply with Council requirements it does and to note for the record this measure is uh does have a cost of 764 000 in FY 23 and uh 2.4 million over the four-year plan uh thank you and that's important to note that not only because the council have to get through second reading and they'll be some changes to the bill but then the bill has to be funded as well to be effective this measure will be placed under non-consent agenda for today's uh legislative meeting the third measure is PR 25-107 closing of a portion of a public alley in square 4053 so 22-00410 approval resolution of 20 23. proposed resolution 25-107 would close a portion of a public alley in Lots 16 and 17 of square 4053 where is that it's bounded by realm Street Montello Avenue on Olivet Road and West Virginia Avenue all in Northeast all in ward 5. the alley closure will facilitate the installation of a secure garage door for a private parking space behind 1728 Montello Avenue foreign of the public alley that will be closed is not used for transportation or other purposes in fact the property owners have been caring for their alley since they purchased their homes according to testimony from the surveyor no executive agencies or utilities have objections to the closure assuming this is approved by the council the committee or by the committee I should say the committee finds that the portion of the public alley in Lock 16 and 17 in square 4053 as depicted on the surveyors plaid is unnecessary for Alley purposes accordingly the committee recommends approval of the committee print for PR 25-107 this resolution was introduced at the request the mayor last October 17th and the committee the whole held a hearing on December 12th last December 12. um the measure was reintroduced to request of the mayor on February 6th of this year uh this is a very strange geographically situation it's like little bump out from the alley that's part of the alley um and that's why it's easy to say that it serves no public purpose and uh that um and it's also the fact that the property owner has been caring for it because it's as I say like a bump out from the alley I move if there's no objection I move both to print and Report would leave for staff to make technical conforming and editorial changes is there a discussion the vote will be on both the print report for pr25-107 Mr Cash would you call the rule councilmember Robert White yes councilman Robert White votes yes councilmember Treyon White yes yes councilman Trey and white votes yes councilmember Allen yes councilmember Allen votes yes council member bonds yes council member bonds votes yes councilmember Freeman yes councilmember proven votes yes councilmember Gray yes councilmember gray votes yes councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes councilmember George votes yes councilmember mcnuffey yes councilman McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes council member Nadeau yes councilmember nadeaux votes yes council member Parker yes sir Parker votes yes councilmember Pinto yes councilman Pinto votes yes Mr chairman there are 13 yeses thank you Mr Cash the um what was 13 to nothing the print report I believe for staff are approved unanimously I am general counsel is to measure legally and technically sufficient for our consideration yes it is I'm secretary is the record complete once the report is filed and budget director does measure statistical impact statement comply with Council requirements yes it does the protection dispatch will be placed on the consent agenda for today's legislative meeting next measure is PR 25-108 closing of a portion of Moreland Street Northwest and the removal of the associated building restriction line so 21-05063 approval resolution of 2023 we're actually probably going to change to short title because we are not removing the building restriction online because the building restriction line goes away automatically if we close the street so that will be a lead for staff proposed resolution 25-08 25-108 would close a portion of Moreland Street Northwest adjacent to squares 2307 2308 and 2314. and I believe this is in Ward 4 not ward 3 that's another correction to the committee report the unimproved portion of Moreland Street that will be closed is a paper street that is approximately 400 feet long and runs behind her beside eight single family homes the closure will allow Jason homeowners to mitigate invasive bamboo dumping of trash and water runoff that is causing damage to at least one property owner's yard according to testimony from the applicant for the closure the adjacent Property Owners already care for much of this paper screen and there are in addition to what I said earlier of bamboo invasive bamboo dumping of trash or also significant issues with water runoff that cannot be adequately addressed until the street is formally closed the applicant can also know that none of the adjacent Property Owners desire to see the paper Road surfaced or otherwise used for transportation purposes and their homes are already served by other improved streets I'll note that the Department of Transportation testified and had no objection to this legislation and actually the mayor is introduced to mayor's request the bill the resolution was introduced on October 17th 202-2 2022 at the request of the mayor the committee of the whole held a public hearing under measure on December 12th the community of the holds received no testimony and opposition the measure was reintroduced on February 6 2023 at the request of the mayor there's no objection plan move both to print and Report would leave her staff to make technical conforming and editorial changes is there discussion uh Mr Cash will call the roll the vote will be on both the print and report will leave for staff council member trayan White yes yes councilmember Tran white votes yes councilmember Allen councilman Allen councilmember bonds yes councilmember bonds votes yes council member Freeman yes councilman Freeman votes yes councilmember gray yes councilmember gray votes yes councilmember Henderson yes yes councilmember Henderson votes Yes councilmember Lewis George yes councilman Lewis George votes yes councilmember McDuffie yes councilman McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes council member Nadeau yes councilmember nadeaux votes yes council member Parker yes councilmember Parker votes yes council member Pinto yes council member Pinto votes yes councilmember Robert White yes councilman Robert whiteboats yes councilmember Allen yes councilmember Allen votes yes Mr chairman there are 13 yeses uh the odds have unanimously Federal councils to measure legally and technically sufficient for our consideration yes it is I'm secretary's record complete once the report is filed Madam budget director does the measures physical impact statement can play with Council requirements yes it does the objection this measure will be placed on the consent agenda for today's legislative meeting the last item for markup in the community of the whole is resolution PR 25-109 entitled the removal of a portion of 26th Street Northeast from the plan of the permanent system of highways of the District of Columbia approval resolution of 2023. proposed resolution 25-109 would remove a 45-foot wide portion of 26th Street Northeast along the east line of lot 812 of square 4408 and lot 805 of squared 43.96 in Ward 5 from the plan of the permanent system of Highways the closure of this paper Street will allow the department of General Services TGs to finalize renovation and permitting process for the Arboretum Recreation Center which is located at 2412 Rand Place Northeast enable the dgs to secure a permanent certificate of occupancy renovation of the recreation center began in 2021 and finished in November 2022 the new recreation center includes a fitness center multi-purpose space a technology lounge and a community room assuming that this is a group by the committee the committee finds at the portion of 26th Street Northwest excuse me Northeast as depicted on the attached various plaid is unnecessary for Highway purposes to accordingly the committee recommends approval of the committee print for PR 25-109 this measure was first introduced at the request of the mayor on April 27 2022. the committee of the whole held a public hearing on the resolution on December 12 2022. the measure was reintroduced at the request of the mayor in February 6 2023. the Committees received no testimony or comments in opposition to this resolution if there's no objection I move both to print report would leave for staff to make technical conforming and editorial changes is there discussion the roll call vote will be on both print report for PR 25-109 Mr Cash councilmember Allen yes councilmember Allen votes yes council member bonds yes council member bonds votes yes council member Freeman yes council member approvement votes yes council member gray yes yes council member Henderson yes councilmember Henderson votes Yes councilmember Lewis George Yes councilmember Lewis George votes yes councilmember McDuffie yes councilmember McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes council member noodle yes councilmember NATO votes yes council member Parker yes councilmember Parker votes yes council member Pinto yes councilmember Pinto votes yes council member Robert White yes councilman Robert yes councilman Trey on white yes councilmember Tran white votes yes Mr chairman there are 13 yeses thank you Mr Cash the um printer reporter approved unanimously Madam Federal council is to measure legally and technically sufficient for our consideration yes it is and secretary's record complete Council report is filed and a budget director does the measures to school impact statement comply with Council requirements yes it does without objection dispatch will be placed on the consent agenda for today's legislative meeting there were no measures reported out of other committees so we have no other business that I know of we will take a few minutes I was told two minutes we will take five minutes to start the legislative meeting but I'm not going anywhere so we will start presumably in five minutes uh the time is 12 25 and this meeting is adjourned we're chuckling at 2022. finally yeah we could get order in the chamber please we could get order in the chamber please you're gonna get I am calling to order this meeting this is a regular legislative meeting of the Council of the District of Columbia it's also the fourth legislative meeting of council period 25. today is Tuesday March 7th 2023 the time is 12 35 in the afternoon this meeting is being conducted in person in room 500 to council chambers or the Johnny Wilson building but there are a couple members who are participating virtually and the public can attend virtually via the zoom video conference broadcast platform this meeting is also being broadcast on Council Channel 13 cable television and is available on the council's website www.dccouncil.gov we always begin our legislative meetings with the moment of silence I would ask that everyone in the chamber as well as Amadeus would respect and take this opportunity for a moment of silence and reflection Madam Secretary would you please call the roll councilmember Allen here from the bonds here Freeman Mr President councilmember Gray here councilmember Henderson here comes from Louis George yeah how's remember McDuffie yeah chairman Mendelson president here councilmember Parker here present councilmember present he comes from between white president Mr chairman you have a quora thank you Madam Secretary I believe there's no secretary's report of committee filings is that correct ma'am secretary that's correct Mr chairman uh so we will turn to uh the report of introductions and I recognize that sure for Tim councilmember McDuffie I'll move the way to reading that the secretary's report of introductions get a motion the way the reading is there a discussion on the motion to wave the reading all those in favor say aye aye aye are there any no votes uh the Motions approved unanimously we have the consent agendas and um uh at the community home markup I noted that um bill 25-68 on page four would be on non-consent so that is removed from the consent agenda that's actually the only change I'm making to the consent agenda are there any other changes to the consent agenda ah Mr Truman you can say that on the microphone I had indicated the breakfast there would be several other measures that were marked up by committee the whole on February 21st reports have not been filed but um it is in order for our first reading for the prince the committee Prince to be um approved and that is um on page three if there are no other changes from members we have the consent agenda before us the one item removed is on page four at the top of the page history vendor film it'll be a roll call vote on the consent agenda Madam Secretary sermon Adele yes Department of yes councilmember Parker yes former Parker votes yes councilmember Pinto Robert White yes that's one of Robert White votes yes councilmember Treyon white yes councilmember Allen yes customer Allen votes yes councilmember bonds yes councilmember Freeman yes customer Freeman votes yes customer gray yes gray votes yes councilmember Henderson yes councilmember Henderson votes yes customer believes George yes I can't believe it's George votes yes councilmember McDuffie yes councilmember McDuffie votes yes and chairman mendelton yes Cameron mendels and votes yes Mr chairman there are 13 yeses the consent agenda is approved unanimously I will turn to Bill 25-68 Street vendor advancement Amendment Act of 2023 so moved is there a discussion we'll have a roll call vote on this Madam Secretary would you call the rule councilmember Parker yes yes councilmember Parker votes yes councilmember Pinto yes councilmember Robert White yes and here councilmember Robert White votes yes councilmember betray online yes councilman by Allen yes welcome to Allen votes yes councilmember bonds yes councilmember Gray yes councilmember gray votes yes remember Henderson present councilmember Henderson will be recorded as present councilmember Lewis George yes George votes yes councilmember McDuffie yes papa McDuffie votes yes chairman Mendelson yes councilman Adele votes yes Mr chairman there are 12 yeses and one president uh the bill is approved first reading uh we'll turn now to the non-cancent agenda we could have order please uh we will turn to the non-consent agenda uh the first measure is pill 25-86 Hotel enhanced cleaning and notice of service disruption clarification temporary Amendment Act of 2023 this is final reading councilor bonds um thank you Mr chairman last month the council passed the hotel enhanced cleaning and notice of service disruption emergency Amendment Act of 2022 and this emergency legislation authorized the mayor to issue regulations that established requirements for cleaning and maintaining DC's hotels and motels and to establish standards a public notice of lodging establishment service disruption the temporary legislation before us today will reauthorize the provisions of the previous Bill and will include a new section to exempt lodging establishments that operate on an Extended Stay model as we see tourism in the district grow towards pre-pandemic levels it is essential that we continue to provide guests with both routine and enhanced house keeping and that's what this bill does for the reasons laid out above I urge my colleagues to support this measure and thank you Mr chairman I move the temporary legislation thank you councilman robots further discussion we'll have a roll call vote Madam Secretary the votes on 20 Bill 25-86. councilmember Pinto no councilmember Pinto holds no councilmember Robert White yes council member Robert whitefields yes councilman betrayal Mike yes councilmember Allen yes a former Allen votes yes councilmember bonds yes remember bonds votes yes councilmember Freeman councilmember Gray yes and the gray votes yes councilmember Henderson yes remember Henderson votes Yes councilmember Lewis George yes remember Lewis George votes yes councilmember McDuffie yes yes chairman Middleton votes yes councilman Bernardo referendum votes yes councilmember Parker yes Mr chairman there are 12 yeses and one no foreign yeses and one no yes Mr chairman uh the bills approved second reading or final reading we'll turn to emergency uh the first is use of force review board emergency declaration resolution of 2023 PR 25-122 councilmember Pinto thank you Mr chairman today I'm moving the use of force review board emergency act declaration and declaration resolution of 2023. these emergency measures would accelerate language that the council unanimously adopted last December in the comprehensive policing and reform Amendment act that permanent legislation will not be effective until May 11th of this year specifically these emergency measures would amend the qualifications membership on mpd's use of force review board as members may know my apologies half of my just cut off uh that board is broadly responsible for reviewing incidents of use of force for MPD officers to determine if use of force was justified and consistent and mpd's model used to force policy and District law the board may also submit recommendations related to the incident in question or to more broadly enhance Department practices including trainings and equipment the board is currently made up of 13 voting members seven of whom are appointed by the chief of police one each from Seven specific MPD divisions MPD has raised concerns regarding these very specific membership requirements for service on the board which mean that the chief is compelled to appoint members whose particular experience and skill set may not be a best fit for the work being done by the board or who do not have the necessary skills available to serve as I mentioned earlier in my remarks the council recognized these concerns and made changes to board membership in the comprehensive policing and Justice Reform Amendment act to provide greater flexibility to the chief in his appointments to these seven seats to serve on this important board these emergency measures simply accelerate the language in that permanent Bill facilitating the chief appointing now appointees to to the board rather than this spring when the permanent goes into effect accelerating the effective date of this language will enhance the work of the board as well as the quality of our use of force reviews and recommendations I move the emergency declaration thank you councilmember we have the Declaration before us is there discussion uh we'll have a roll call vote on the Declaration um secretary would you call the rule yes votes yes yes councilmember Tree on white votes yes councilmember Allen yes that's remember Allen votes yes councilmember bonds yes talk remember bonds votes yes councilmember Freeman yes councilmember Freeman votes yes councilmember gray yes remember gray votes yes councilmember Henderson yes Department McDuffie votes yes chairman mendelsohn yes chairman Madison votes yes councilman Bernardo yes councilmember Parker yes councilman Parker votes yes councilmember Pinto yes remember Pinto votes yes Mr chairman there are 13 yeses oh thank you Madam Secretary the Declaration is approved unanimously we have the underlying Bill Bill 25-155 councilmember Pinto haven't I moved the emergency Act uh the bill is before us is there discussion since the declaration has approved unanimously we can do a voice vote on this the voters on Bill 25-155 all those in favor say aye aye aye are there any opposed and I'm secretary I don't see you hear any no votes do you agree agreed Mr chairman bill has proved unanimously the next measure is reverse mortgage insurance and tax payment program extension emergency declaration resolution of 2023 PR 25-125 councilmember Robert White thank you chairman the reverse mortgage foreclosure prevention Amendment Act of 2018 establishes the D.C Housing Finance agency's mortgage insurance and tax payment program or remit remit was created to pay overdue property taxes and insurance for reverse mortgage borrowers who might lose their homes because of non-payment of taxes remit is strictly for seniors over the age of 62. the program was originally funded with five hundred thousand dollars since the original pilot program expired remit has had has been extended through a number of emergency and temporary measures the most recent emergency and temporary pass by this body unanimously sunset on January 1st 2023. um excuse me just last week my team spoke with the leadership of dchfa who confirmed there's around two hundred thousand dollars remaining in uh from the 500 original 500 000 appropriation the general effect of this emergency is no different than the prior iterations it will allow DC HFA to access the remaining remit funding for the purpose of supporting seniors who are facing foreclosure this emergency like the prior iteration does make three key changes from the 2018 Act the emergency includes condominium fees and homeowners association fees has approved uses of the financial assistance provided by the program additionally it increases the maximum monetary assistance from twenty five thousand to forty thousand dollars finally I've removed the 18 month applicability window from the measure so that dchfa will be able to access the funds for the duration of the emergency in temporary I want to thank former council member Silverman per person introducing the remit program in 2017 and working to get the program to this point I also want to thank council member bonds for stewarding this important program over the years I look forward to working with your team on a permanent measure I think I speak for all of us when I say that supporting senior homeowners is an important priority thank you Mr chairman thank you councilmember white is there discussion the vote will be a roll call vote on the Declaration PR 25-125 Madam Secretary councilmember Treyon white I'm white yes yes councilmember Allen yes councilmember Allen votes yes yes one moment sorry sorry the sound is down marbles apologize for the last time well we can't hear you again know what you said we'll move forward council member Allen yes yes councilmember Alan Holt yes yes house number bonds yes yes number Gray yes yes house remember gray votes yes yes councilmember Henderson yes yes councilmember Henderson votes yes yes comes from Louis George yes that's remember Louis George yes yes yeah yes Cameron mendels and votes yes yes customer Parker yes yes yes that's one but pencil votes yes yes Mr chairman they're genius thank you Madam Secretary the Declaration is approved unanimously we have the underlying bill or on the underlying Bill council member White so moved this is Bill 25-161 is her discussion since the Declaration was approved unanimously we can have a roll call vote excuse me a Voice vote on the bill this is on Bill 25-161. all those in favor say aye aye aye are there any no votes Mr assistant general Mr assistant secretary uh do you see or hear any no votes uh the bills approved unanimously the next measure is certificate of assurance moratorium extension emergency declaration resolution of 2023 PR 25-124 councilmember Robert White thank you chairman the legislation maintains the existing moratorium on applications four and the mayor's in issuance of certificates of assurance associated with District rent stabilization laws Council unanimously passed the initial moratorium in 2020. this emergency legislation is necessary to maintain the status quo and give the council time to carefully deliberate an appropriate course of action regarding certificates of assurance thank you Mr chairman foreign this will be a roll call Vote or we'll try to do a roll call vote on PR 25-124 Madam Secretary skip this song I'm giving you I'm giving you the rest of the morning off dear songs thank you you're so kind councilman Allen yes councilman Olive OCS councilman lebons yes councilmember Freeman votes yes councilmember Gray yes councilman mcgregos yes councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes councilman Lewis George Vos yes councilmember McDuffie yes councilman McDuffie votes yes chairman Mendelson yes chairman Miller supposed to ask councilman nadell yes councilman Monet dovos yes councilmember Parker councilmember Parker vocs council member Pinto yes council member Pinto votes yes councilmember Robert White yes councilmember Robert White votes yes councilmember Treyon white yes councilman betrayal rights votes yes Mr chairman you have 13 yeses thank you Mr assistant secretary the declaration has approved unanimously underlying bills bill 25-159 councilmember White so moved discussion since the Declaration was unanimously we'll do a Voice vote this is on Bill 25-159 all those in favor say aye aye aye aye are there any no votes Mr assistant secretary I don't see you're hearing no votes you agree agree the bill is approved unanimously the next measure is PR 25-126 comprehensive policing and Justice Reform emergency declaration resolution of 2023 councilmember Allen thank you Mr chairman on April 19th 2022 the council passed the comprehensive policing and Justice Reform temporary Amendment Act of 2022 which is set to expire on March 25th of 2023 that bill was the latest in a series of emergency and temporary measures to maintain the suite of reforms the council initially approved back in summer of 2020 as the committee on Judiciary and Public Safety considered a final permanent policing Reform Bill that committee approved Bill 24-320 the comprehensive policing and Justice Reform Amendment Act of 2022 on November 30th 2022 and on December 20th 2022 the council passed that permanent measure on second reading bill 24-320 is currently undergoing its Congressional review the projected law date of May 11 2023 so this final round of emergency measures is necessary as a gap filler to make sure that we don't experience a gap between the laws expiration of the temporary measure and the effective date of the permanent measure with that I move the Declaration thank you council members their discussion this will be a roll call vote on the Declaration PR 25-126 Mr assistant secretary council member bonds yes councilman Barnes votes yes council member Freeman yes council member Fullman of OCS council member gray yes councilman mcgrave votes yes councilmember Henderson yes council member Hendersonville she has councilmember Lewis George councilmember Lewis George councilmember McDuffie yes councilman McDuffie BOCES chairman members yes chairman mendersonville she has councilmanito yes councilman a dog BOCES councilmember Parker yes councilmember Parker votes yes council member Pinto yes councilmember Pinto vocs councilmember Robert White yes councilman Robert White votes yes councilmember Tramway yes councilman Tran white votes yes I'm councilmember Lewis George Mr chairman can you do the um I get to vote too I'm pretty sure yes councilman yes can we have two minutes two minutes two minutes thank you foreign thank you Yes councilmember Lewis George votes yes so Mr chairman you have 13 yeses it's a declaration is approved unanimously we have the underlying Bill Bill 25-163 councilmember Allen so it moves chair discussion the because the Declaration was approved unanimously we'll do a Voice vote on Bill 25-163 all those in favor say aye aye aye all right are there any no votes the bill is approved unanimously the next measure is PR 25-123 commissioned on the Arts and Humanities acting executive director emergency declaration resolution of 2023 actually now that I think about it that's me um under current law when there is a vacancy such as in the executive director of an agency the mayor May appoint the interim or acting agency had for those subordinate District government agencies however no such Authority exists for independent agencies with governing bodies that appoint their agency ahead Commission on Arts and Humanities by Statute appoints its executive director subject to confirmation by the council the commission has identified a candidate for the executive director position and the commission seeks to allow that nominee to begin serving as acting executive director for up to 180 days in anticipation of council confirmation that's the purpose of this emergency legislation to enable the commission to move forward now with the person they've designated or chosen to be their executive director to be able to appoint him as the acting agent executive director um and uh I would note that the committee of the whole has scheduled a hearing on March 30th for the nominee as well as on this legislation so we've got the hearing scheduled that's the purpose of the Declaration though at the commission go forward now are of the emergency legislation so I moved the Declaration and is there discussion do a roll call this is on PR 25-123 Mrs Madam Secretary you're back let's hope I think so councilmember Freeman yes councilmember Freeman oh it's yes councilmember gray yes I'm from the gray votes yes councilmember Henderson yes customer Henderson votes yes comes from Lewis George yes George votes yes councilmember McDuffie yes councilmember McDuffie votes yes chairman Mendelson yes Cameron mendels and votes yes councilman benedo Parker yes Ensemble Parker votes yes councilmember Pinto yes councilmember Robert White White yes I'm from patreon White votes yes councilmember Allen yes Alan votes yes and councilmember bonds yes I'm from the bonds votes yes Mr chairman they have 13 yeses thank you Madam Secretary the declaration has approved unanimously tenderly bills is Bill 25-157 Commission on the Arts and Humanities acting executive director of emergency Amendment Act of 2023 so move discussion uh by Voice vote all those in favor say aye aye are there any no votes the bill is approved unanimously the next measure is PR 25-127 Fidelity and access to government Communications clarification emergency declaration resolution of 2023. council member bonds thank you Mr chairman today I'm moving the Fidelity and access to government Communications clarification temporary Amendment Act of 2023 on March 1 2022 the council unanimously voted to approve the Fidelity and access to government Communications clarification emergency Amendment Act of 2022 this amended the District of Columbia Public Records management Act of 1985 to clarify that all Communications received or received electronically in the course of official business as subject to existing record retention obligations on April 5th 2022 the council then unanimously passed the community service graduation requirement waiver regulation temporary Amendment Act of 2022 effective June 30th 2022 a 10 temporary act which included as an amendment the text of the emergency act this temporary act expired on February 10 2023 the emergency Act passed after the release of a concerning report regarding the executive branch use of WhatsApp Messenger among many features available within the application is the ability to Auto delete messages after a set period of time emergency legislation is therefore necessary to ensure that existing record retention guidelines continue to apply to electronic communications and to ensure that public access to information is not diminished or compromised thank you chairman and I move this emergency declaration and the underlying bill thank you councilmember bands we have the Declaration before us is there discussion I'll be a roll call vote on the Declaration PR 25-127 Madam Secretary councilmember Gray yes I remember gray votes yes councilmember Henderson yes I'm from Henderson votes Yes councilmember Lewis George yes remember Lewis George votes yes comes remember McDuffie yes councilman McDuffie votes yes chairman mendelton yes Cameron Mendelson votes yes councilman Bernardo yes councilmember Parker yes from the Parker votes yes councilmember Pinto yes that's remember Pinto votes yes councilmember Robert White yes Captain Robert White votes yes councilman patreon White yes comes from Allen yes councilmember bonds yes councilmember Freeman yes president votes yes Mr chairman there are 13 yeses thank you Madam Secretary the Declaration is approved unanimously we have the underlying Bill councilmember Bonds so move Mr chairman discussion uh the vote is on Bill 25-165 my voice for all those in favor say aye aye aye are there any no votes uh the odds have it uh unanimously the next measure is pr25-121 motor vehicle and homeowner insurance prior approval rate filing Amendment emergency declaration resolution of 2023. councilmember McDuffie thank you Mr chairman the Department of Insurance Securities and banking has noticed a recent Trend in motor vehicle and homeowner insurance markets in the district where insurers have been requesting double digit rate increases in some cases the increases are in excess of 20 percent while insurers are entitled to an adequate premium rate in exchange for the insurance coverage they provide the commissioner is concerned about the impact that these rate increases on policyholders the rate filings of Motor Vehicle and homeowners insurance currently operate under a file and use standard in the district which means that the insurers May Implement their rate increases immediately immediately upon filing their rates with the commissioner however the department is often unable to review the rate filings and consult with the insurers to substantiate the rate increases before the rate increases take effect mission is concerned that the large premium increases could cause policyholders to miss payments due to their inability to afford to increase rates while at the same time lacking sufficient time to shop for more affordable insurance such an instance could result in policy lapsings due to non-payment and increasing uninsured motorists and homeowners insurance by changing the rate filing standard for motor vehicle and homeowners insurance rate filings from filing use to Prior approval the department will have time to review the filings and ensure that the rate increases are neither excessive nor discriminatory before the new rates become effective further by requiring insurers to provide 60 days Advanced written notice of any rate increase of 10 or more policyholders will have more time to consider alternative Insurance options the committee on business and economic development plans over here on the permanent measure that is pending in the committee with that I'm going to move the emergency declaration I have an amendment to the move of the bill we have the Declaration before us is there discussion the vote will be on PR 25-121 Madam Secretary would you call the roll councilmember Henderson yes cucumber Henderson votes Yes councilmember Lewis George yes I'm former Lewis George votes yes councilmember McDuffie yes I want to remember McDuffie votes yes chairman Mendelson yes Cameron Mendelson votes yes councilman yes councilmarnado votes yes councilmember Parker yes council member Parker votes yes councilmember Pinto yes Cassandra Pinto votes yes councilmember Robert White yes councilmember Allen yes councilmember bonds yes councilmember Freeman yes and councilmember gray yes I remember gray votes yes Mr chairman they're 13 yeses thank you Madam Secretary the Declaration is approved unanimously we have the underlying Bill Bill 25-147 councilman McDuffie Mr I want to move an amendment at this time how about if you've seen so move first so moved all right we have the global course Mr McDuffie um the Department of Insurance Securities and banking had requested an amendment that and applicability they'd be added for 60 days Advanced written notice requirement to give the insurance industry time to update their systems and generate the notices this amendment as the applicability date of on or after September 1st 2023 to the emergency and temporary measures what's the applicability date again September 1st 2023. if there's no objection the amendment which was linked in the agenda and circulated uh will be approved if there's no objection not hearing any objection so the amendment is approved we have the bill is amended before us Is there further discussion uh by a Voice vote so 25-147 as amended all those in favor say aye aye opposed um the eyes have unanimously uh we have the temporary bills if there's no objection we'll consider all seven of them in Block and do one roll call vote just DC on all seven to see if the secretary's audio is still working we have built 25-156 use of force review board temporary Bill 25-162 reverse mortgage insurance and tax payment program extension temporary it Bill 25-160 certificate of assurance moratorium extension temporary Bill 25-164 comprehensive policing and Justice Reform temporary Bill 25-158 commissioned on the Arts and Humanities acting executive director temporary Bill 25-166 Fidelity and access to government Communications clarification temporary and Bill 25-148 motor vehicle and homeowner insurance prior approval rate filing temporary and the latter would include Mr mcduffie's Amendment and that's clear Madam general counsel yes it is Mr chairman I don't believe any of the others were amended having any objection the seven measures are before us is there discussion uh I do want to ask um I think it's on the comprehensive policing and Justice Reform Madam general counsel uh between now and second reading since this is a temporary to look and see whether we actually need to move it temporary because this is a gap filler for legislation that's already been approved on a permanent basis there's no further discussion the roll call vote will be on the seven temporary bills temporary measures that I just read and are on pages eight nine of the agenda including Mr mcduffie's Amendment to the motor vehicle and homeowner insurance bill secretary please call the roll answer is George McDuffie yes Transformer McDuffie votes yes chairman Mendelson yes Cameron Mendelson votes yes councilmer manado yes I'm from Benidorm votes yes councilmember Parker yes I'm from Parker votes yes councilmember Pinto yes customer pencil votes yes councilmember Robert White yes our number Robert White votes yes councilmember Treyon White councilmember Treyon White councilmember Allen yes councilmember Allen votes yes councilmember bonds is Affordable bonds votes yes councilmember Freeman yes councilmember Freeman votes yes councilmember gray yes Dr mcgregos yes councilmember Henderson yes councilmember Henderson votes yes Mr chairman there are 12 yeses and one absent uh thank you Madam Secretary I'm pausing just a little bit to see if customer white comes back on and I don't see that I believe you said there was the vote was 12 to nothing uh the 12 to one one absence 12 to zero plus one absent so the vote is unanimous and the Seven Temporaries are approved on first reading that's going to conclude the business of this meeting the next legislative meeting was scheduled for April 4th 2023 and the committee of the whole will be in two weeks which I believe is March 21st time is 1 19 p.m and this meeting is adjourned