Franklin School: Is there a plan?

The Franklin School, located at 13th & K Street NW, was designed by Adolph Cluss in 1869.  It is a National Historic Landmark. Photo: army.arch on Flickr.

Advisory Neighborhood Commission 2F's February 4 agenda (7pm at the Washington Plaza Hotel, 10 Thomas Circle NW) includes (at about 8:45pm) presentation of a proposal for the Franklin School. As you may remember, the city abruptly closed the Franklin School, which was being used as a low-barried shelter for 400 homeless, in late September, after gradually removing its beds to reduce capacity.

Years ago, the District planned on putting a boutique hotel in the historic building through one of those lucrative, no-bid contracts to a politically-connected developer. When that saw the light of day, the plan fell apart, ultimately ending in a lawsuit and recent settlement in favor of the developer.

Is a legitimate, publicly-vetted plan for the Franklin School near? As this 2005 article shows, a plan has been long coming and through many concepts, but not soon arriving.

Go Mendo! Time for an Elected AG?

I've expressed frustration in the past with the tendency of our elected officials to introduce symbolic and PR-focused legislation purportedly supporting voting rights for District residents (coins, postage stamps, postmarks, statuary hall, ballpark signs, etc.) rather than move on substantive legislative that can move us closer to full home rule. Yesterday's Examiner reported on one of those rare substantive efforts - Councilmember Mendelson's introduction of legislation that would make the District's Attorney General an elected official.

An attorney general is a state's chief legal officer. He or she is charged with a wide range of important functions, including advising government agencies on how to comply with the law, defending the state in civil litigation, and suing on behalf of the state when it is wronged. In the states, attorneys general general share criminal prosecutorial power with district or county attorneys elected at a more local level, and handle appeals. In 43 of the 50 states, the attorney general is elected. In the remainder, the Governor appoints the attorney general with the exception of Tennessee, which is unique in having its Supreme Court appoint the highest legal officer.

The Mendelson bill, introduced on January 9 and referred to the Council's Public Safety and Judiciary Committee (chaired by Mendelson), has so far gained the co-sponsorship of Councilmembers Catania and the Browns Squared. It would provide for election of the attorney general, on a partisan basis, for a 4-year term beginning in 2010. Election of the AG would coincide with that of the Mayor. Congresswoman Nortan has pledged to move the change to the District's Home Rule act through Congress if passed by the Council.

Only a few years ago, the name of the position was changed from Corporate Counsel to Attorney General, a somewhat symbolic gesture to put the position on par with that of the states. The Mendelson bill is meant to continue the move forward. Currently, DC's AG, unlike other state AGs and district attorneys, shares prosecutorial power with the United States Attorneys office (the federal Department of Justice), which handles all major crimes, leaving DC's AG and the District's prosecutors to deal with relatively minor offenses. The Mendelson bill does not change that allocation of responsibilities... yet. That change must make it through Congress, and, while Norton has introduced federal legislation in the past, it has gone nowhere. In 2007, it didn't get the support of a single consponsor. It didn't move in 2006 or 2003 either.

An elected AG for the DC would provide more independence from the Mayor and greater responsiveness and accountability to the people. It might create momentum in the Congress for providing us lowly residents of the District with the power to enforce our own laws rather than rely on federal prosecutors who report to the the U.S. AG to do so. It would also add some needed democracy to the District, which has so few elected officials with real power for its 600,000 residents beyond a 13-member council and the mayor.

In moving forward, the Council does need to be aware of pitfalls. Elected attorney generals rely on campaign contributions to get and stay in their posts. That has the potential for favoritism, uneven enforcement when a contributor is involved, or cronyism in the award of lucrative contracts to private attorneys to assist the District in litigation. Strong transparency and conflict of interest laws are needed to safeguard the integrity of the position.

License to Vote?

Presidential limousines under Presidents Obama (left) (AP) and Bush (right) (Getty Images)

Although many federal vehicles have U.S. Government plates, the presidential limousine has historically had a D.C. license plate. In the final months of the Clinton presidency, the president installed D.C.'s then-new "Taxation Without Representation" plates. A few months later, President Bush had them removed. Instead, President Bush kept DC plates on the limo, but opted to not include the slogan (a choice offered by the DMV - Councilmember Graham recently proposed requiring the motto on all DC plates rather than offering http://www.dc.gov/).

Many had high hopes that President Obama would place the Taxation Without Representation plates on the new presidential limo. The Hill reported that DC Vote and Shadow Senator Paul Strauss expected the move. All 13 DC Councilmembers sent a letter to the president elect asking him to do so. Mayor Fenty, noted for his close ties to the new president, along with Congresswoman Norton, opted not to impose on the new president, calling the license plate just a "symbol." Funny, that never stopped DC's almost voting delegate from pushing DC postage stamps, postmarks, quarters, a spot in statuary hall, etc., etc., but I digress.

Well, the big day came. I watched the limo drive by in the parade. Surprise! The new presidential limousine does not have the Taxation Without Representation tags. In fact, for the first time in memory, the mobile fortress does not have DC tags at all. Welcome the new, blue USA 1 plates.

What does this mean for DC's quest for voting rights? Probably nothing. But President Obama certainly chose not to make a statement on this issue on his first day in office. I hope he'll consider DC tags in the future as a resident of our great city.

Seeing red

Ever feel like this in DC?
This sculpture sits in the middle of a roundabout just outside of Canary Wharf in London.
Photo: Flickr: REALJimBob.

I've been quiet on the blog for a while, but have come out of my winter hibernation to mention a pet peeve shared by many Washingtonians and those who travel through the District: poorly timed traffic lights. Have you ever tried to go across downtown, say from 14th Street to Chinatown down F or G Street, just for example? You'll hit each and every light. Don't bother taking a cab to that work meeting. You can walk faster.

The same holds true along many District streets. Try going up Connecticut Avenue from Dupont Circle to Bethesda. Going at a standard 30 miles per hour: Red light. Red LIGHT. RED LIGHT! I've discovered that you can actually take 395 into Virginia, to the GW Parkway, to the Beltway, and navigate a circle around the city and cut the time nearly in half from DC to Bethesda than going a straight line up Connecticut or Wisconsin (outside of rush hour).

It doesn't have to be this way. I can think of vast stretches of road just across the Maryland boundary or in New York City where the lights are synced to go with the traffic flow.

So my question is... has DC intentionally timed the lights to slow drivers and discourage use of cars OR is DDOT incapable of maintaining lights to keep the traffic flow (and decrease our stress levels)?

Internet Alter-Egos

When I was running for office, I had a "Google alert" set for my opponent, which would e-mail me links to any websites that came online with his name. Sorting through links to the wrestler known as "The Prince of Parkland," "Jack Evans from the Heavens," "The Master Blaster of Disaster," The Aerial Emperor," and "The Washington Warrior" always brought a smile even on the most hectic of days.

I've also got my internet competitors. Lately, one of them, a young entrepreneur in Kansas City, Missouri (video), is making headlines for his invention of "pub corn," popcorn that comes in various alcoholic beverage flavors. Apparently, it originally came about in order to spike popcorn to bring into the movies, but the now-marketed version is good for all ages. And when one of my work colleagues moved back to our home office in Kansas City a few years ago, I suggested he use Cary's lawnmowing service, one of his earlier business ventures.

The other web presence by the same name is a LASIK eye surgeon and blogger in Parsippany, New Jersey - an interesting coincidence since my father develops technology that is used by some LASIK doctors.

Detailed Inauguration Traffic, Parking, and Pedestrian Information

Map of Inauguration Transportation Plan (above). Image: Washington Post (click for larger image)

U.S. Secret Service Map of Road Closures and Public Entry Points (click for larger image)

Yesterday, the Presidential Inaugural Law Enforcement and Public Safety Public Affairs Subcommittee released its Joint Transportation Plan, which provides detailed traffic and parking restrictions related to the inauguration. The full plan can be download here, but I have edited the release to provide information that is particularly relevant to DC residents below (omitting MD and VA) and included some additional information on the parade route from the Secret Service. The Washington Post also reports on the extensive closures.

---

Events and activities celebrating the 56th Presidential Inauguration will take place beginning on Saturday, January 17, 2009, through Wednesday, January 21, 2009, with the swearing-in scheduled for Tuesday, January 20.

This transportation plan provides the general outlines for road closures, vehicular restricted zones, public transportation, charter vehicles and pedestrian routes. Additional information is available online for residents of the District, Virginia and Maryland, as well as charter operators, through the websites listed at the end of this plan. Additions to this plan may be made prior to the Inaugural and will be updated on these websites.

Access into Washington, D.C. will be limited on Tuesday, January 20, 2009. The following is a summary of routes and their status that day:

• 14th Street Bridge – Restricted to Buses and Authorized Vehicles Only
• Roosevelt Bridge – Restricted to Buses and Authorized Vehicles Only
• Memorial Bridge – Restricted to Pedestrians and Emergency Vehicles Only
• Key Bridge – Restricted to Mass Transit Only
• Chain Bridge - Restricted to Authorized Vehicles and Mass Transit Only, no
• charter buses.
• South Capitol Street Bridge – Restricted to Buses and Authorized Vehicles Only
• Southeast/Southwest Freeway – Restricted to Emergency Vehicles Only
• Rock Creek Parkway – Open to traffic from Beach Drive to Virginia Avenue NW (Holiday traffic schedule in effect throughout the park)
• Clara Barton Parkway operating under Holiday schedule (2 way traffic all day)
• 11th Street Bridges – Restricted to Buses and Authorized Vehicles Only
• Sousa Bridge – Open to all traffic from east of the river to security checkpoint in Capitol Hill; Barney Circle closed to all vehicles
• East Capitol Street – Open to all traffic but roadways around RFK will be filled with tour buses
• Benning Road – Open to all traffic
• New York Avenue – Open to all traffic
• 3rd Street Tunnel – Closed to all vehicular traffic and restricted to pedestrian use only
  

Authorized vehicles include taxicabs and limousines with valid licenses.

Washington, D.C. Vehicular Restrictions

Vehicle Restricted Zone: Vehicular road closures in Washington, D.C. will be instituted by the Metropolitan Police Department and the U.S. Park Police. Extensive road closures and vehicle restricted zones will be established in Washington, D.C. Beginning at 3 p.m. on Monday, January 19, through 7 a.m. on Wednesday, January 21, all of the following areas will be posted as Emergency No Parking. From 4 a.m. to 7 p.m. on Tuesday, January 20, many of these areas will be posted by law enforcement personnel and vehicular traffic will be limited to residents with government issued identification (driver’s license) or vehicle registration showing residency inside the restricted area, or to vehicles conducting essential business within the restricted area.

• K Street NW from Washington Circle to 12th Street NW
• Washington Circle from K Street NW to 23rd Street NW
• Pennsylvania Avenue NW from Washington Circle to the U S Capitol
• I Street NW from 23rd Street NW to 11th Street NW
• H Street NW from 23rd Street NW to 3rd Street NW
• G Street NW from 23rd Street NW to 3rd Street NW
• F Street NW from 23rd Street NW to 3rd Street NW
• E Street NW from 23rd Street NW to 3rd Street NW
• Virginia Avenue from 23rd Street NW to 2nd SW
• D Street NW from 23rd Street NW to 1st Street NW
• C Street NW from 23rd Street NW to 3rd Street NW
• Constitution Avenue from 23rd Street NW to 2nd Street NE
• Madison Dr. NW from 15th Street NW to 3rd Street NW
• Jefferson Dr. SW from 15th Street SW to 3rd Street SW
• Independence Avenue from 23rd Street SW to 2nd Street SE
• C Street SW from 7th Street SW to 2nd Street SW
• D Street SW from 7th Street SW to 2nd Street SW
• E Street SW from 7th Street SW to 2nd Street SW
• Maryland Avenue SW from 7th Street SW to the U S Capitol
• 23rd Street from Washington Circle NW to Independence Avenue SW
• 22nd Street NW from K Street NW to Constitution Avenue NW
• 21st Street NW from K Street NW to Constitution Avenue NW
• 20th Street NW from K Street NW to Constitution Avenue NW
• 19th Street NW from K Street NW to Constitution Avenue NW
• 18th Street NW from K Street NW to Constitution Avenue NW
• 17th Street from K Street NW to Independence Avenue SW
• Connecticut Avenue NW from K Street NW to H Street NW
• 16th Street NW from K Street NW to H Street NW
• Vermont Avenue NW from K Street NW to H Street NW
• 15th Street from K Street NW to Independence Avenue SW
• 14th Street from K Street NW to Independence Avenue SW
• New York Avenue NW from 18th Street NW to 11th Street NW
• 13th Street NW from K Street NW to Pennsylvania Avenue NW
• 12th Street from K Street NW to Independence Avenue SW
• 11th Street NW from K Street NW to Pennsylvania Avenue NW
• 10th Street NW from H Street NW to Constitution Avenue NW
• 9th Street from H Street NW to Independence Avenue SW
• 8th Street NW from H Street NW to D Street NW
• 7th Street from H Street NW to E Street SW
• 6th Street from H Street NW to E Street SW
• 5th Street from H Street NW to D Street NW
• 4th Street from H Street NW to E Street SW
• 3rd Street from Massachusetts Avenue NW to E Street SW
• Henry Bacon Dr. NW from the Lincoln Memorial to Constitution Avenue NW
• Daniel French Dr. SW from the Lincoln Memorial to Independence Avenue SW
• Ohio Drive from Independence Avenue through West Potomac and East Potomac Parks
• Buckeye Drive in East Potomac Park
• West Basin Drive
• East Basin Drive
• Parkway Drive from Rock Creek Parkway to Lincoln Memorial Circle
• Maine Avenue from East Basin Drive to Independence Avenue

Vehicular Road Closures: In addition to above listed Emergency No Parking and vehicle restricted areas, from 4 a.m. to 7 p.m. on Tuesday, January 20, the following roads will be closed and off limits to vehicles without a law enforcement escort:

• Pennsylvania Avenue NW from 18th Street NW to the U S Capitol
• I Street NW from 18th Street NW to 12th Street NW
• H Street NW from 18th Street NW to 12th Street NW
• G Street NW from 18th Street NW to 12th Street NW
• F Street NW from 18th Street NW to 12th Street NW
• E Street NW from 18th Street NW to 6th Street NW
• D Street NW from 18th Street NW to 6th Street NW
• C Street from 18th Street NW to 2nd Street NE
• Constitution Avenue from 17th Street NW to 2nd Street NE
• Madison Dr. NW from 15th Street NW to 3rd Street NW
• Jefferson Dr. SW from 15th Street SW to 3rd Street SW
• Independence Avenue from 14th Street SW to 2nd Street NE
• Maryland Avenue SW from 6th Street SW to the U S Capitol
• 17th Street from I Street NW to Independence Avenue SW
• Connecticut Avenue NW from I Street NW to H Street NW
• 16th Street NW from I Street NW to H Street NW
• Vermont Avenue NW from I Street NW to H Street NW
• 15th Street from I Street NW to Independence Avenue SW
• 14th Street from I Street NW to Independence Avenue SW
• New York Avenue NW from 18th Street NW to 12th Street NW
• 13th Street NW from I Street NW to Pennsylvania Avenue NW
• 12th Street from F Street NW to Independence Avenue SW
• 11th Street NW from F Street NW to Pennsylvania Avenue NW
• 10th Street NW from F Street NW to Constitution Avenue NW
• 9th Street from F Street NW to Independence Avenue SW
• 8th Street NW from F Street NW to D Street NW
• 7th Street from F Street NW to Independence Avenue SW
• 6th Street from F Street NW to Maryland Avenue SW
• 5th Street from D Street NW to Independence Avenue SW
• 4th Street from D Street NW to Independence Avenue SW
• 3rd Street from D Street NW to Independence Avenue SW

Capitol Hill: Road closures on Capitol Hill will be instituted by the U.S. Capitol Police in cooperation with the Metropolitan Police Department. Access to the perimeter will be restricted to properly authorized and credentialed personnel only. No public parking will be provided. The following street closures will go into effect starting at 5 a.m. on Tuesday, January 20, 2009:

• Louisiana Avenue between Columbus Circle and Constitution Avenue NW
• Delaware Avenue between Columbus Circle and D Street NE
• First Street between Columbus Circle and D Street NE
• North Capitol Street NW between E Street and Louisiana Avenue
• E Street between New Jersey Avenue and North Capitol Street NW
• New Jersey Avenue NW between E Street and Louisiana Avenue NW
• D Street between Louisiana Avenue NW and Second Street NE
• First Street NW between D Street NW and Louisiana Avenue NW
• C Street NW between First Street and Louisiana Avenue NW
• Second Street NW between C Street and Constitution Avenue NW
• Second Street NE between Massachusetts Avenue NE and C Street SE
• C Street SE between Second Street SE and First Street SE
• First Street SE between C Street and D Street SE
• D Street between First Street SE and Washington Avenue SW
• Washington Avenue SW between D Street SW, and Independence Avenue SW
• Independence Avenue SW between Second Street SW and Third Street NW
• Third Street between SW Freeway and Constitution Avenue NW
• Constitution Avenue NW between Second Street NW and Third Street NW

Streets will reopen once the parade concludes at 5 p.m.

Public Transportation

Public transportation to all Inaugural events is encouraged as many streets in and around the Capitol and the Mall area and bridges into/out of the city will be closed to private automobiles for much of the day.

Metrorail will operate rush hour service for 17 consecutive hours on January 20, from 4 a.m. to 9 p.m., and will operate on a non-rush hour schedule for two extra hours until 2 a.m. As Metrorail will be operating rush-hour service, it will charge peak fares throughout the day. Due to security measures, the Archives-Navy Memorial/Penn Quarter Metrorail station on Metro's Green and Yellow Lines and the Smithsonian Metrorail station on the Blue and Orange lines, will be closed all day on Inauguration Day, Tuesday, January 20.

Metro’s commemorative One-Day Pass with a special Inauguration design is currently being sold for $10 online or $7.80 at Metro sales offices and fare vending machines. The cost of the passes will be $10 at all sales locations on January 20. People should purchase their farecards, One-Day Passes or SmarTrip cards in advance of Inauguration Day if possible to avoid the lines.

Metro has about 60,000 parking spaces in 29 lots and 22 garages throughout the Washington region for private motorists to park on Inauguration Day. Metro will charge $4 cash only for motorists as they pull in to park in its lots. The Minnesota Avenue Metrorail station parking lot is closed to the public and is only available for Metro employees who will be working on Inauguration Day.

Metrobus will be operating on a modified Saturday schedule from 4 a.m. to 9 p.m. on Inauguration Day. However, with street closures around the National Mall and Pennsylvania Avenue for the parade, all Metrobuses will be prepared for detours. Bus riders are encouraged to plan significant extra time to travel through these areas.

MetroAccess will operate identical hours to Metrorail and Metrobus during Inauguration Weekend and through Inauguration Day. MetroAccess customers are encouraged to plan significant extra time to travel due to increased traffic throughout the service area. Street closures around the National Mall and Pennsylvania Avenue for the Inauguration and parade on Inauguration Day will mean that MetroAccess vehicles will only be able to drop off customers several blocks from the Inauguration and parade route. MetroAccess vehicles will not be permitted access to streets that are closed. All MetroAccess users should be prepared for detours. MetroAccess customers must reserve their trips by 4:30 p.m. the day prior to travel.

People planning to use Metro during the four days of Inaugural activities can sign up for special e-alerts on Metro’s Web site at www.wmata.com/inauguration. E-alerts will be issued when Metro has news relating to service for the Inauguration and when there may be service disruptions.

Pedestrian Routes
The following access points have been identified as pedestrian-only routes to the National Mall:

• E Street NE from Massachusetts Avenue NE to 3rd Street NW
• 7th Street SW from D Street SW to Independence Avenue SW
• 19th Street NW from K Street NW to DuPont Circle NW
• 3rd Street Tunnel (I-395) from New York Avenue NW to SE/SW Freeway
• Arlington Memorial Bridge from Virginia, around Lincoln Circle to Independence Avenue SW
• East Capitol Street NE to North Carolina SE to New Jersey Avenue SE to I Street SE

The following access points have been identified as pedestrian-only routes to the Inaugural Parade:

• 6th Street NW from K Street NW to P Street NW
• 13th Street NW from K Street NW to Logan Circle NW
• East Capitol Street NE to Massachusetts Avenue NE
• Arlington Memorial Bridge from Virginia, around Lincoln Circle to Henry Bacon Drive NW

Bicycle Parking
Free valet bicycle parking will be provided in designated areas north and south of the event perimeter. Additional information may be found at www.gettingthere.dc.gov.

Inaugural Balls
There will be 10 official Inaugural balls, hosted at the Washington Convention Center, the National Building Museum, Union Station, the D.C. Armory and the Washington Hilton. Emergency No Parking zones and some road closures will be in effect near each of these locations.

Parade Route Entry Points
The following 13 public entry points will open at 7:00 a.m. on January 20, 2009, and will remain open until the parade route can no longer accommodate additional people. A map detailing entry point locations can be viewed here.

• 2nd Street NW and C Street NW
• 3rd Street NW and C Street NW
• Indiana Avenue NW between 6th St NW and 7th St NW
• 7th Street NW and D Street NW
• 10th Street NW and E Street NW
• 12th Street NW and E Street NW
• E Street NW just east of 13th Street NW
• 13th Street NW just North of E Street NW
• 14th Street NW just North of E Street NW
• 12th Street NW between Constitution Avenue. and Pennsylvania Avenue
• 10th Street NW between Constitution Avenue. and Pennsylvania Avenue
• 7th Street NW between Constitution Avenue. and Pennsylvania Avenue
• Constitution Avenue between 6th Street NW and 7th Street NW

NOTE: Access to the parade route from south of Pennsylvania Avenue, including the National Mall area, will only be available via 14th Street NW or 12th Street NW at Constitution Avenue.

All parade route security screening entry points will be able to accommodate persons with disabilities. There are additional screening entry points for the ticketed seating at the U.S. Capitol and the White House viewing areas. Details for the swearing-in at the Capitol are available at www.inaugural.senate.gov.

Individuals attending the Inaugural parade may enter at any of the designated entry points on the north or south side of Pennsylvania Avenue. Between 7 a.m. and 1:30 p.m., the following intersections will be open to the general public as crossover points:

• 3rd Street between Constitution Ave and Pennsylvania Avenue
• Pennsylvania Ave between 6th Street NW and 7th Street NW
• Pennsylvania Ave between 11th Street NW and 12th Street NW

Online Information
Additional information is available online for residents of the District, Virginia and Maryland, as well as charter operators, through the following websites:

• DDOT
  
• Maryland Department of Transportation
  
• Virginia State Police
  
• Washington Area Metropolitan Transit Authority
  

In addition, Inaugural information is available on the following sites to help those planning to attend the inaugural events:

• Presidential Inaugural Committee
  
• D.C. Presidential Inaugural Committee
  
• Joint Congressional Committee on Inaugural Ceremonies
  
• Armed Forces Inaugural Committee
  
• United States Secret Service
  

Notes from the News

Not Happy Today: The $54 million lawsuit against the Cheung's continues in the D.C. Court of Appeals. They closed their SE store, but currently operate Happy Cleaner's in Shaw. AP Photo.

License to vote. The District is considering requiring Taxation Without Representation license plates and taking away the option to have http://www.dc.gov/ instead. Another example of DC focusing on symbolic, feel-good PR measures rather than addressing substantive, Home Rule issues.

Failing grade. D.C.'s public schools were rated last in the nation, according to Education Week's annual "report card" released today. Maryland and Virginia came in 1st and 4th, respectively. Chancellor Rhee reaction: Comparing a city to states is apples to orangles. True, but if you move to the county level, it doesn't get any better. Nearby Montgomery County, Maryland and Fairfax, Virginia are known as having the best public schools in their states -- which complicates D.C.'s efforts to retain residents who have children. Here is the executive summary and the full state-by-state analysis. Council Chair Vincent Gray is considering hiring an independent evaluator to assess the District's progress in reforming its school system.

Pressing on with the pants suit. Roy Pearson, the former administrative law judge who sued his cleaners for $54 million claiming that it had not lived up to its statement "satisfaction guaranteed" posted on the wall after it purportedly lost his pants, strikes again. After losing his appeal before a panel of the D.C. Circuit, he has requested review by all 9 appellate judges of the court. (Read the actual petition here). Pearson, as you may recall, brought the suit under the District's Consumer Protection Act, which, as it reads, provides any person can sue for damages of $1,500 per violation regardless of whether he or she was actually injured by an allegedly deceptive practice. The owners of the cleaners, the Cheungs, ultimately closed the location Pearson used and moved back to their original location, Happy Cleaners, on 7th Street across from the Convention Center. From the press release of their attorney, Christopher Manning:

“Mr. Pearson’s Petition is sad and unfortunate. Amazingly, despite two resounding defeats, Mr. Pearson has, once again, decided to prolong the needless agony of this case for the Chungs, for the DC taxpayers and for everyone involved. The Chungs and I hope the DC Court of Appeals will deny Mr. Pearson’s Petition and will put this case to rest in this jurisdiction. Most importantly, the Chungs and I call on Mayor Fenty and the DC City Council to amend the very vague and often unfair DC Consumer Protection Act so that cases like this cannot happen again."

Buy high, sell low. While D.C. gives away valuable property such as the Southwest Waterfront for a mere $1 a year, it is simultaneously buying up dilapidated properties from absentee owners for far above the market and tax appraisal values, reports The Examiner.

Prediction for 2009

The Washington Post reports today that a voting rights bill for District residents may be on a fast track. In fact, on the very first day of the 111th Congress, Congresswoman Eleanor Holmes Norton, D-D.C., and Senators Joe Lieberman, ID-Conn., and Orrin Hatch, R-Utah, re-introduced the D.C. House Voting Rights Act.

It seems that the combination of gains in Democratic seats in Congress (particularly the Senate), Obama's support in the White House, and continued support from some prominent Republicans gives the legislation, which would expand the House of Representatives by two seats providing an additional seat to Utah and a vote to the District, a good chance of passage.

My prediction:

• The bill passes both the House and Senate, obtaining the 60 votes needed to end debate, and is promptly signed into law by President Obama in a ceremony at the White House with Congresswoman Norton, the Mayor, and Members of the D.C. Council present.


• Before the District casts its first vote on the House floor, a group of Republicans who voted against the bill challenge the law in federal court. The court issues an immediate injunction. D.C. never casts a vote.


• The D.C. Court of Appeals, considered a conservative court, in an expedited decision issued by a 3-judge panel, deals a harsh blow to the law, striking it down as unconstitutional in its entirety (Utah loses its additional vote as well).


• The U.S. Supreme Court, in a surprisingly unanimous and short decision, affirms the D.C. Court of Appeals.

Then it's back to square one.

Let's see if I call this one correctly.

DC Government 2009 Wish List - Top 10

The top 10 areas that I'd like to see progress on in 2009 -- or at least the top 10 that come to mind at the moment....

10. DDOT addresses dangerous intersections, such as the crosswalks at New York Avenue NW at 4th and 5th Streets NW where pedestrians have 20 seconds to cross 6-10 lanes of traffic.

9. DC government disposes/better maintains the hundreds of vacant property it OWNS throughout the city, such as properties in the Home Again program.

8. MPD provides assurance that ShotSpotter (detects the location of gunfire instantly) is fully operation and producing results in the Third District.

7. Election reform ensures every citizen's vote is actually counted (no more touch screen ballots without a paper trail). Consideration of eliminating set-aside seats for minority parties on the DC Council and authorizing open primaries through a referendum vote.

6. Generally, more consistent enforcement of DC laws -- all of them -- and applying the law equally to all, i.e. permitting/construction and "quality-of-life crimes."

5. An effective, well-managed Advisory Neighborhood Commission representing the Shaw, Mount Vernon, and Penn Quarter neighborhoods.

4. Tax relief and other support for small businesses in areas that were hit by high property tax increases over the past decade so that they do not go under and find themselves replaced with more Starbucks and Subways.

3. The DC Council stops giving away public property (i.e. the Southwest waterfront for $1 a year for 99 years) without a transparent, open competitive bidding process. Next up: Franklin School?

2. Renovation of abandoned and neglected parks, such as Carter G. Woodson Park, 2nd and Massachusetts Avenue NW, 6th and N Street, or the Chinatown Park at 5th and Massachusetts Avenue NW. Let's see at least one more forward in 2009! Also - more dog parks.

1. When federal legislation to provide DC with a vote in the House fails yet again (or is declared unconstitutional), I hope the DC Council will restart discussion of true Home Rule issues (as opposed to license plates and billboards at the baseball stadium). Potential action items include having our own prosecutors and judges, an elected attorney general, placing federally-controlled small parks (aka "reservations") under DC control, and legislative and budgetary autonomy. DC Council passes a resolution urging Congress to move forward in one or more of these areas.

Happy Holidays

Happy Chanukah, Merry Christmas, and a very happy new year to all! Tune back in on January 2, 2009 when The Other 35 Percent goes back online.

Rent Control (for developers)

Councilmember David Catania: "We are handing over the property to people and we don’t know what it’s worth.... So this is dumb. But we are where we are."
Photo: DC Council website.

In the wee hours of Tuesday night, the D.C. Council approved, through "emergency legislation," a land transfer deal to develop the Southwest Waterfront.

The deal includes leasing 16 acres of the most valuable property the District owns to developer PN Hoffman for the sum of $1 per year for 99 years. The ultimate rent control.

It's the largest deal in recent memory outside of the baseball stadium and the convention center, yet you won't find more than a peep from the media on it. (You can read what DC Watch's The Mail said here). Observers of the council hearing (and you can watch it live here at 10:36:30), report that some members of the Council did not know the details of what they were voting on and deals were being cut in the hallway outside as the hearing was going on.

It's an exciting project, but is giving away our most valuable property for a buck a good deal for the District? Is the agreement or even the legislation anywhere the public can access it? It's not as if this is a superfund site that needs a massive cleanup -- its the waterfront!

Here's Councilmember Catania's description of how this broken process of giving away land works (he later voted for the deal anyway):

I think this deal is a far cry from perfection. And from what has been going on today it’s bad and getting worse, to be honest, because everybody and their brother is inserting their own self interests into this. And left aside are the discussions and interests of the District taxpayer - people who own this land that we are giving up today and we don’t know for how much. And that, for me, underlines why I object to this deal - that we are disposing of property without having an independent appraisal of the value of the property, without knowing, in fact, how much the property is worth, and we are handing it over.

Now, we are told, “we can’t know how much it is worth until we go through the zoning process, how high the density, etc. and then we can have a proper evaluation.” And of course that is utter nonsense. Because any grown up organization like the District of Columbia is supposed to be with the largest per capita Office of Planning in the country, by the way, that could have and should have run a zoning process based on what we might want as legitimate owners of the land - x number of square feet for retail and residential etc. We could have, through our office of zoning, determined what we wanted, gone through the zoning process as the proprietor, and then sold off the parcels to the highest bidder.

That’s not where we are here. We are handing over the property to people and we don’t know what it’s worth. And we’ll negotiate it after the fact. And I’ve often said how utterly ridiculous that is.

No one and their brother would sell their house, can you imagine selling one of the largest assets you own, in this case, this prime one-time land on the Potomac. That we would run a process, which was utterly a joke to pick a winner with no objective criteria at all, totally subjective. It is like selling your house by saying, “Well, who will come in and promise to take care of the garden? And who will promise to take care of the kittens who come out back?” I mean, really, it is that ridiculous, right? And so if you promise to take care of kittens and keep the garden up, we are going to tell you that you get to keep this house. Don’t worry about what the house is worth or whether you’ll ever get the money. We’ll worry about that later.

But of course everyone understands the absurdity of selling a valuable asset without ever discussing the amount of money you will get, but then picking the winner. Now, I want you to imagine how the negotiations go in that perspective. How does that go? You have picked the winner. And then you go to the winner who has promised to take care of the kittens and you say, “What are you going to give me for this property?” And the person says you have already sold it to me. And you have no other choice.

And we are now six years down the road here. And this is not Mayor Fenty’s ridiculously contorted structure. This is the trajectory, the inertia of many years, of having blown this from the jump street, when Andy Altman refused to work for Ted Carter of whomever and our former Mayor just took a pass and said, “Well, I’m not going to get involved in this, Christ, we are only talking about the most valuable piece of property in the District outside of the Old Convention Center.”

Alright? So this is dumb. But we are where we are. And our choice is either we go forward with what we have or we don’t. If we don’t, we get sued. And we further imperil the promised development of this site. Or we go forward and we hope there are some hard bargainers at the table going forward. But we’ll see....

We are where we are and I am reluctantly voting to support it - under the idea that we never dispose of property again without knowing what it is worth. Hardly a high standard.

You can watch Councilmember Catania's statement beginning at 10:48:30.

And the Award for Creativity in Charitable Solicitations Goes to...

...the Whitman Walker Clinic. The mailing: An addressed paper bag with a prescription drug sign in my mailbox certainly led to a close look. Who knew that one could even send a paper bag through the mail, but Whitman Walker found a way.

The message:

The annual cost for treating a single HIV-positive patient in the U.S. is as much as $34,000. And last year alone we spent $800,000 on prescription medications for those who cannot afford them.

They'll be getting an additional donation this year. And someone in marketing should get a promotion. That probably won't be happening this year because I just read that Whitman Walker is in trouble - with donations down 29%, it is closing its Northern Va. office and laying off 45 employees.