COUNCIL OFTHE DISTRICT OFCOLUMBIA,
OFFICE OF COUNCILMEMBER BROOKE PINTO
THE JOHN A. WILSON BUILDING
1350 PENNSLYVANIA AVENUE, N.W., SUITE 106
WASHINGTON, D.C. 20004
December 6, 2021
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Secretary Smith,
Today, along with Councilmembers Elissa Silverman, Robert C. White, Jr., Christina Henderson,
Mary M. Cheh, Janeese Lewis George, and Trayon White, Sr., | am introducing the Fairness in
Use and Negotiation for All Recreational Property Act of 2021. Please find attached a signed
copy of the legislation.
The purposeofthis legislation is to require the Mayor to engage the public for review and comment
and also to submit to the Council for review and approval by resolution, all exclusive use or license
agreements for District-owned recreational property that cover a period of one year or more.
Currently, as long as an agreement has a value of less than $1 million, District law allows the
Mayor to lease public recreational space for years or even decades without public input or Council
review, to a private entity. Thus, in numerous instances over the past several years, the Mayor has
leased District recreational property without any public notice and often times over community
and Council opposition.
While these agreements may sometimes be beneficial for the Districts many priorities, their
exclusive nature denies District residents, especially District children, the use and enjoyment of
these valuable public assets. Accordingly, District taxpayers and their representatives on the
Council, should be afforded the opportunity to review the agreements before District residents lose
their right to use these parks, playing fields, and other facilities held in the public trust.
This bill closes this loophole by requiring the Mayor to:
1. Satisfy the following public engagement requirements:
* The Mayor must hold at least one public hearing to obtain community input to inform the
Mayor's determination whether a property should be exclusively leased. The hearing must
be held at an accessible time and location in the vicinity of the recreational property.
 The Mayor must provide at least 30 days written noticeofthe public hearing to the affected
Advisory Neighborhood Commissions. A summary of the proposal, including a listing of
the principal information required of the Mayor, must accompany the notice.
2. Satisfy the following Council review requirements:
The Mayor must submit a proposed resolution and analysis regarding the exclusive
agreement to the Council for review and approval.
The resolution must include an analysis that includes: a description of the terms of the
agreement, the Districts current use of the property and why the District's use of the
property should be limited or cease, a description ofpotential public uses of the property
considered by the Mayor, a narrative as to why the property is better suited for the purpose
described in the agreement rather than for public uses considered by the Mayor, an
explanation why the agreement is in the best interests of the District, an explanationofany
impact that the proposed exclusive agreement is expected to have on racial equity in the
District, and a summary of public comments received at the required public hearing.
Should you have any questions about this legislation, please contact my Legislative Director, Barry
Weise, at bweise@dccouncil.us.
Thank you,
>
Brooke Pinto
Councilmember for Ward 2
 pdMe:
Councilmember Elissa Silverman Coulicilmember Brooke Pinto
nfr. : ! sy f-
Ethel Christina Henderson
Coutigilmember ir
CouncilmembePRobert C. White, Jr.
akae M. Cheh Councilmember Janeese Lewis George
Gnmctndier Trayon White, Sr.
kena
ABILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
au
To require the Mayor to engage the public for review and comment and also to submit to the
ZFSonmr
Council for review and approval by resolution, all exclusive use or license agreements for
District-owned recreational property covering a period of greater than one year.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
12 act may be cited as the Faimess in Use and Negotiation for All Recreational Property Act of
13 2021.
14 Sec. 2. Submission to the Council of long-term use or license agreements.
15 (@)(1) Before entering into an exclusive agreement with respect to the useofDistrict-
16 owned recreational property, the Mayor shall satisfy the public engagement requirements of
17 subsection (b)ofthis section and submit a proposed resolution and analysis regarding the
18 exclusive agreement to the Council for review and approval in accordance with the criteria
1
19 established in subsection (c)ofthis section.
20 (2) A proposed exclusive agreement shall be deemed approved by the Council if
21 one of the following occurs:
22 (A) During the 10-day period beginning on the Ist day (excluding
23 Saturdays, Sundays, and holidays) following its receipt by the Officeofthe Secretary to the
24 Council, no member of the Council introduces a resolution to approve or disapprove the
25 proposed exclusive agreement; or
26 (B)If a resolution has been introduced in accordance with subparagraph
27 (A) of this paragraph, and the Council does not disapprove the exclusive agreement during the
28 45-day review period beginning on the Ist day (excluding Saturdays, Sundays, and holidays)
29 following its receipt by the Officeofthe Secretary to the Council.
30 (b)(1) Before submitting a proposed resolution pursuant to this section, the Mayor shall
31 hold at least one public hearing to obtain community input to inform the Mayors determination
32 whether an exclusive agreement should be entered into with respect to the District-owned
33 recreational property.
34 (2)(A) The hearing shall be held at an accessible evening or weekend time and in
35 an accessible location in the vicinityof the District-owned recreational property.
36 (B) The Mayor shall provide at least 30 days written notice of the public
37 hearing to affected Advisory Neighborhood Commissions and shall publicize the hearing by
38 posting a written notice at the site and placing a notice in the District of Columbia Register at
39 least 15 days before the hearing. A summaryofthe proposal, includinga listing of the principal
information requiredofthe Mayor under subsection (c) of this section, shall accompany the
41 notice to the affected Advisory Neighborhood Commissions.
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42 (c) Proposed resolutions submitted pursuant to subsection (a)ofthis section shall:
43 (1) Include the following:
44 (A) A physical description of the District-owned recreational property;
45 (B) The name and business address, if applicable,ofthe intended
46 counterparty to the proposed exclusive agreement;
47 (C)A descriptionofthe useofthe District-owned recreational property to
48 be permitted under the exclusive agreement; and
49 (D) A statement that the exclusive agreement shall not be inconsistent
50 with the substantive business terms submitted by the Mayor with the resolution in accordance
SI with paragraph (b)(2) of this subsection, unless revisions to those substantive business terms are
52 approved by the Council.
53 (2) Be accompanied by an analysis that includes the following:
54 (A) An executed term sheet or memorandum of understanding between the
35 District and the intended counterparty to the proposed exclusive agreement, including a
56 description of the substantive business terms of the exclusive agreement and any other terms that
37 the Mayor finds to be in the best interestofthe District;
58 (B) A description of the District's current use of the District-owned
39 recreational property and why the Districts useofthe property should be limited or should cease
60 pursuant to the proposed exclusive agreement;
61 ()A description of potential public uses of the District-owned
62 recreational property considered by the Mayor;
63 (D)Adetailed narrative as to why the District-owned recreational property
is better suited for the purpose described in the proposed exclusive agreement rather than for
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65 each public use considered by the Mayor;
66 (E)A detailed explanation why the proposed exclusive agreement is in the
67 best interests of the District;
68 (F) An explanation of any impact that the proposed exclusive agreement is
) expected to have on racial equity in the District; and
70 (G) A summary of public comments received at the public hearing
7 required under subsection (b) of this section.
n (A) For purposesofthis section, the term:
B (1) District-owned recreational property means any park, playground, recreation
74 center, community center, sports field, aquatic center, or similar recreational space titled in the
75 name of the District or in which the District has a controlling interest, including any such facility
16 on public school grounds.
77 (2) Exclusive agreement means a use agreement, license agreement, or other
B contractual arrangement between the District government, including an agency thereof, and
9 another party that has a duration of1 year or greater, inclusive of options, and that provides the
80 other party with a right, whether fully exercised or not, to exclude others from using the District-
81 owned recreational property during the District-owned recreational propertys typical operating
82 hours, but does not include any real property disposition or contract that is subject to Council
83 approval under other District laws.
84 Sec. 3. Fiscal impact statement.
85 The Council adopts the fiscal impact statement in the committee report as the fiscal
86 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
87 approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(3))..
*
88 Sec. 4. Effective date.
89 This act shall take effect following approval by the Mayor (or in the eventofveto by the
90 Mayor, action by the Council to override the veto), a 30-day periodofcongressional review as
91 provided in section 602(c)(1)ofthe District ofColumbia Home Rule Act, approved December
92 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
93 Columbia Register.