Minutes – Advisory Neighborhood Commission 4A

November 7, 2017 Regular Public Meeting







The meeting was held in the community meeting room, MPD 4th District Headquarters, 6001 Georgia Avenue N.W. Commissioner Stephen Whatley, Chair (and ANC 4A01) called the meeting to order at 7:03 PM. Also present were Commissioners 4A02 Stacey Lincoln, 4A04 Patience Singleton, 4A05 Deborah Pope, 4A06 Karrye Braxton, 4A07 Marlene Moss and 4A08 Gale Black. A quorum was present for all votes.



1) Approval of the Agenda



Following several informal amendments which were accepted without objection, Commissioner Lincoln moved to approve the agenda. Commissioner Green seconded the motion. The motion was approved, 8 yes, 0 no.



3) Consent Calendar



Two applications for renewal of Class B Retail liquor licenses were on the consent calendar:



Missouri Ave Market,, 5900 Missouri Ave NW
Geranium Market, 7350 Georgia Ave NW


Commissioner Braxton moved the approval of the Consent Calendar. Commissioner Lincoln seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.



4) Resolution: Wells Fargo Divestiture



Following a presentation from the developer, Hines-Urban Atlantic-Triden, Commissioner Whatley moved that the Commission adopt a resolution supporting the conceptual design for Area V/U on the Walter Reed campus. Commissioner Lincoln seconded the motion. The motion was adopted unanimously, 6 yes, 0 no.



The adopted resolution:



Advisory Neighborhood Commission 4A (the Commission) takes note of the following:



Wells Fargo & Company is an American international banking and financial services holding company headquartered in San Francisco, California;


Wells Fargo was recently fined $185 million for employing high-pressure sales tactics, deceiving its customers and fraudulently collecting fees for at least 3.5 million unauthorized accounts;


U.S. Department of Justice found Wells Fargo to have targeted African-American and Hispanic borrowers for risky subprime mortgages and charged them higher fees than other borrowers because of their race or national origin, rather than objective criteria related to borrower risk, and agreed to pay more than $175 million in relief to homeowners to settle those claims earlier this year;


Wells Fargo agreed to pay $1.2 billion to settle a civil mortgage lawsuit claim with the Federal Housing Administration (FHA) for faulty mortgage loans that contributed to the 2008 housing crash;


Wells Fargo agreed to pay $35.5 million to settle a class action lawsuit earlier this year alleging the bank engaged in an ongoing nationwide pattern and practice of race discrimination against its own employees;


Wells Fargo currently faces a federal lawsuit alleging it illegally denied student loans to young immigrants because of their citizenship status, despite those individuals being protected from deportation and legally allowed to work and study in the U.S.;


Wells Fargo settled for $80 million with 570,000 auto loan customers after adding those customers involuntarily to Wells Fargo auto insurance policies, which—after failing to pay the insurance premiums that they were unaware of—caused almost 20,000 customers to lose their cars to repossession;


Wells Fargo was fined $24 million by regulators for overcharging active duty military servicemen, including improper seizures of soldiers’ vehicles;


Wells Fargo has directly invested in the Potomac, Keystone XL, and Dakota Access Pipelines and stands to profit from projects that threaten the water supplies of the metropolitan D.C. area, the Standing Rock Sioux Tribe, and countless other communities, farms, sensitive natural areas and wildlife habitats through which they pass; is accused of violating multiple environmental and historic preservation statutes; is routed through sacred burial sites; and hampers efforts to transition to renewable energy sources by locking in an anticipated capacity of 570,000 barrels of fracked crude oil per day - a total that emits the equivalent annual carbon emissions of 29.5 U.S. coal plants or 21.4 million cars;


Wells Fargo was one of the only major international banking and financial services holding companies to not advocate for upholding the Paris climate Agreement;


Wells Fargo recently received a grade of “needs to improve” on its Community Reinvestment Act (CRA) exam as reviewed by the Office of the Comptroller of the Currency due to “an extensive and pervasive pattern and practice of discriminatory and illegal credit practices across multiple lines of business within the bank, resulting in significant harm to large numbers of consumers;”


The District of Columbia code § 26–431.06.f states, “to apply for a deposit services contract with the District government, a financial institution must receive at least a ‘satisfactory’ rating on its most recent CRA exam;”


In light of the investigations, settlements and allegations against Wells Fargo, multiple cities and organizations across the country, including Seattle, Washington (divested $3 billion), Davis, California (divested $124 million), Santa Barbara, California (divested $40 million), and the University of California system (divested $475 million) have officially moved to divest from Wells Fargo & Company;


Wells Fargo serves as the District of Columbia’s bank of record and the trustee of the District’s general obligation direct purchase bonds;


Wells Fargo is in the third of a five year contract with the District of Columbia; and cash & treasury management services, including payroll management, up to $12,408,397.00; and $2B portfolio for investments, effective Feb. 1, 2017; Wells Fargo is the trustee of DC’s General Obligation Direct Purchase Bonds (total ~$400K issued Nov. 2016);


It is a priority for the District of Columbia to partner with business entities and financial institutions that are committed to engaging in responsible business practices and supporting the values of District citizens, ANC 4A and the city at-large; and that the District of Columbia should consider moving its money held by Wells Fargo to responsible institutions that are socially & environmentally responsible in their general practices and community development goals;


RESOLVED:



That the Commission recommends that the Council of the District of Columbia pass the resolution entitled Sense of the Council Urging Reassessment of Relationship with Wells Fargo Resolution of 2017 through the Committee on Finance and Revenue;



FURTHER RESOLVED:



Ø That the Commission requests the District of Columbia Office of the Chief Financial Officer (OCFO) to provide ANC 4A with record of public comment periods for any District financial action with Wells Fargo and with assessments of Community Development Plans as required by § 26–431.04 of the District of Columbia Code;



Ø That the Commission calls on the District of Columbia Department of Insurance, Securities and Banking (DISB) to research commercial banks with the capacity to serve DC government’s banking needs and to detail the banks’ investment portfolios, including their investments in the District and their provision of banking services in all 8 wards and to recommend, in consultation with the OCFO’s office, how DC government banking needs could be met by socially responsible commercial bank(s);



Ø That the Commission recommends that the City Council require that the OCFO moves forward with the best options for socially responsible banking services, including the establishment of a public bank upon completion of the public bank feasibility study being conducted by DISB with $200,000 provided in the FY18 budget by the City Council.



Ø When the assessment is complete or the contract expires, whichever comes first, the Commission recommends divestiture of funds from Wells Fargo if the allegations are true and the District’s funds should be placed in a more socially responsible commercial bank.



FURTHER RESOLVED:



Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.



ADOPTED by voice vote at a regular public meeting (notice of which was properly given, and at which a quorum of eight of eight members was present) on November 7, 2017, by a vote of 8 yes, 0 no.



5) Class C Liquor License Application – Oohhs & Aahhs Restaurant



Following a brief presentation from the Applicant, Commissioner Braxton moved that a settlement agreement between the Commission and the Applicant be approved. Commissioner Green seconded the motion. The motion was adopted, 8 yes, 0 no.



Commissioner Braxton then moved that the Commission adopt a resolution protesting the license application on the basis of concerns about peace, order, quiet and parking. The resolution was adopted without objection.


The adopted resolution:



RESOLVED:

That Advisory Neighborhood Commission 4A protests the application of Oohhs and Aahhs Restaurant, ABRA-107879, 5933 Georgia Avenue NW, for a Class C Restaurant liquor license on the basis of concerns about peace, order, quiet, and parking.

FURTHER RESOLVED:

That Commissioner Karrye Braxton, ANC 4A06, is hereby authorized to serve as the Commission’s representative.

FURTHER RESOLVED:

That, in the event the designated representative Commissioner cannot carry out her representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.

FURTHER RESOLVED:

Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.

6) Class B Liquor License Application - Lena Market, 1206 Underwood St NW



Following a presentation from the Applicant, Commissioner Singleton moved that the Commission approve a letter to the Alcoholic Beverage Control Board protesting the application. Commissioner Black seconded the motion. The motion was adopted, 6 yes, 2 no.



The approved letter:



November 8, 2017



Applicant: ABRA Application #082376
Hope Market, Inc. (dba Lena Market)
1206 Underwood Street NW
Washington, DC 20012


Dear Sir:


Please be advised that the Advisory Neighborhood Commission (ANC) 4A, voted (6 yes, 2 no) to oppose the renewal of a Retail-Class B license for Lena Market (Applicant) at its regularly scheduled public meeting on November 7, 2017. Prior to the public meeting, ANC 4A issued notice to the Applicant and to the public. A representative of the Applicant was present at the meeting and is interested in signing a community settlement agreement.

The protest of this application is based on the following:



(a) ongoing concerns about the over concentration of ABC licensed establishments on and near Georgia Avenue NW;



(b) adverse impact of alcoholic beverage sales on the peace, order quiet and quality of life in the neighborhood, including but not limited to, public intoxication, increase littering, and increased loitering. For instance, neighbors have complained about trash and litter in front of the Applicant’s establishment as well as trash along the 1200 block of Underwood (including empty beer cans). They also indicated that persons generally loiter outside of the Lena Market during weekend evenings and often behave in a rowdy manner. Neighbors also allege that loud conversations and arguments are often heard emanating from the alleys and sidewalks near Lena Market which disturbs residents late at night;



(c) the negative effect of the establishment upon residential parking needs and vehicular and pedestrian safety. For instance, neighbors have complained about double parking (patrons often leave cars running in the middle of the street), patrons blocking alleys, inability to obtain street parking in front of their homes during the Applicant’s business hours, U-turns in the middle of the block, speeding, heavy traffic during hours of operation, and repeated hit and run accidents along the 1200 block of Underwood Street NW which they attribute to Lena Market patrons; and



(d) the adverse impact on the economic development and property values. For instance, a resident alleges that repeated graffiti along a fence and destruction of private property on the opposite side of the alley adjacent to Lena Market resulted in a neighbor moving from the block.



ANC 4A Commission designated Commissioner Patience Singleton, SMD 4A04, to present the ANC’s position and protest at the public hearing conducted by the ABC Board. Please feel free to contact Commissioner Patience Singleton (ANC4A04) at 202-596-9902 if there are any questions.



Thank you for your time in considering this request.



Sincerely,



Stephen A. Whatley

Chair



7) DC Funding for Takoma Place



Following a presentation from the Takoma Place Tenants Association and discussion, Commissioner Whatley moved that the Commission adopt a resolution supporting a loan from the Department of Housing and Community Development (DHCD) to the National Housing Partnership to finance purchase and renovation of the apartments. Commissioner Braxton seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.



The adopted resolution:



Advisory Neighborhood Commission 4A (the Commission) takes note of the following:

· Takoma Place Apartments are located at 6676 Georgia Avenue NW (Southwest Corner of Aspen Street NW and Georgia Avenue NW.



· The owner of Takoma Place planned to sell the property. In DC, via TOPA, the current tenants have the right of first option on purchasing the property. The tenants can sell or assign this right to a third party, such as a developer. When Takoma Place was offered for sale, the Takoma Place Tenant Association exerted their right of first refusal via TOPA, and chose The NHP Foundation as their development partner to purchase the property.



· The Takoma Place residents assigned their right to the NHP Foundation. Attached is a copy of the assignment. Attachment 1 is a copy of the assignment.



· The NHP Foundation is a not-for-profit real estate organization dedicated to preserving and creating sustainable, service-enriched multifamily housing that is both affordable to low and moderate income families and seniors, and beneficial to their communities.



· The National Housing Partnership (NHP) Foundation is a nonprofit affordable housing developer with offices in New York, Chicago, and the District. The NHP’s portfolio consists of nearly 8,000 affordable units is spread over 15 states and DC. Currently NHP owns five properties in DC, and two others that will be acquired by the first quarter of 2018. All of which have active tenant associations that they work with intimately.



· The NHP’s mission is to provide safe and decent housing with services that help improve the wellbeing of the residents. NHP’s resident services arm (Operation Pathways) provides need-based services to their residents onsite. These services fall into three buckets, (1) healthier living, (2) financial stability, and (3) academic achievement.



· NHP’s process is to survey the property and find out what the tenants' true needs are, and coordinate services to address those needs in a calculated manner. In the past NHP has run afterschool and apprenticeship programs for children and teens, healthy cooking and aging in place programs for seniors, and financial literacy and job prep programs for adults, just to name a few.



· NHP will renovate Takoma Place, no tenant will be displaced, nor dramatic rent increases.



· The DCHD loan amount is $13,712,505. In order to settle on the property, and perform the necessary immediate repairs to stabilize the property, NHP had to get a short term acquisition loan and two bridge loans. Given these loans are very expensive, the DHCD funds will pay off the bridge loans and some of the acquisition loan. Upon the redevelopment, NHP will have a new primary mortgage, along with the DHCD funds remaining in the second trust.



· NHP’s goal is to complete a comprehensive rehabilitation by 2019. NHP’s development schedule has construction starting in April 2018.



· Takoma Place consists of 104 rental units and 1 management office / unit.



· The income limit is 60% of AMI or less (Very Low).



· Parking is an issue. The residents of Takoma Place, the nearby residents, and NHP should work on an option to provide more resident parking on site or nearby Walter Reed. NHP is exploring this option with their civil engineer and architect.



RESOLVED:

That ANC 4A SUPPORTS the DCHD loan amount of $13,712,505 to NHP.

FURTHER RESOLVED:

That ANC 4A recommends that the Takoma Place tenants, NHP and the neighboring residents meet to discuss solutions to the parking problems on nearby residential streets.

FURTHER RESOLVED:

That Commissioner Stephen A. Whatley is hereby authorized to serve as the Commission’s representative.

FURTHER RESOLVED:

That, in the event the designated representative Commissioner cannot carry out his representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.

FURTHER RESOLVED:

Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.

8) Purchase of Konica-Minolta Multifunction Copier/Printer/Scanner



Following discussion and a review of three proposals, Commissioner Lincoln moved that the Commission approve the purchase of a Konica-Minolta multi-function printer/scanner/copier for $6,125.00. Commissioner Green seconded the motion. The motion was adopted by roll call vote, 5 yes, 2 no, 1 abstain.

















The roll call vote:



YES NO ABSTAIN



4A01 Green 4A05 Pope 4A04 Singleton

4A02 Lincoln 4A08 Black

4A03 Whatley

4A06 Braxton

4A07 Moss



Presentations and Reports



1) A representative of the Metropolitan Police Department 4th District reported on current crime and other safety issues within ANC 4A.



2) Mr. Phillip McCauley, Mayor Bowser’s office, reported on legislative and other issues of concern to the Mayor.



3) Councilmember Todd’s office reported on issues of current concern to the Councilmember.



Commissioner Whatley moved that the meeting be adjourned. Commission Lincoln seconded the motion. The motion was adopted, 8 yes, 0 no.



The meeting was adjourned at 9:10 PM.