Streetcar Progress
Dear Riders:
The Washington Post published an un-bylined article on Monday,
"District Prepares H Street/Benning Road for Arrival of Streetcar
Service,"
http://tinyurl.com/cm87pfm, which is notable
primarily for the universal skepticism in the readers’ comments on it.
"Good article. In a year or two from now you can reprint this in its
entirety and see if we believe it then," to which a second comment is,
"I thought this was a reprint from last year. No?," and a third comment
is, "The 356th Post story trying to convince people that H Street
is any different than it was twenty years ago." A fourth commentator
says, "Isn’t it a bit unusual that the streetcars have been in storage
since 2009?," and a fifth that, "Lets see, no electrical infrastructure
built, no car barn built at the end of the line to service them. Yep, I
am just ‘sure’ all that can happen in the next seven months. Assuming
for a second it were to actually happen, this boondoggle would still be
millions over budget and almost four years behind schedule." Perhaps the
topper is the comment, "The DC Street Car project was the ignominious
recipient of the ‘most mismanaged government project’ of 2011 label by
the Economist magazine. Something for us to be proud of, I
guess."
#####
Jonetta Rose Barras, "Legal Representative of the People?,"
http://tinyurl.com/cga2n2u, discusses the
legal duties and authority of the DC Attorney General, which is soon to
be an elected, independent office. "During Mayor Adrian M. Fenty’s
administration, some legislators accused [the] then-AG [Peter Nickles]
of acting as if he were the executive’s general counsel — not the
attorney for the entire city, including its citizens. Nathan apparently
suffers a similar affliction." Barras recounts Nathan’s refusal to
provide a legal opinion to a private citizen. "‘Our office does not
render legal opinions to private citizens,’ Nathan responded, suggesting
his office was prohibited from providing such a service. Despite
multiple requests from me, Nathan never cited any specific District law,
rule, or regulation that imposed such a prohibition. ‘There are, as you
know, tens of thousands of private lawyers in the District who can and
do provide legal opinions to private citizens,’ he wrote, attaching a
summary description of OAG services from the 2014 budget book.
Interestingly, that book noted the AG’s Public Interest Division is
responsible, among other things, for providing ‘enforcement, protection,
representation, and advisory services to the District government and
residents so that they can enjoy reduced risk of harm [and] protection
of rights.’" Gotcha.
#####
The city council, having solved all of the major problems in the
city, is now setting itself up as the city’s naming authority, to
determine what Washington businesses and institutions should be named
and whether they should be allowed to keep their names. Councilmember
David Grosso is offended by the name of the Washington Redskins, and has
introduced a resolution (which he claims is supported by the majority of
councilmembers) demanding that they change their name to the Washington
Redtails. Who knows what business Grosso will target next. Thank
goodness Blackie’s House of Beef has already closed, and escaped his
wrath. Perhaps Target will be the next target, since the word itself
suggests shooting. That association with shooting prompted the
Washington Bullets basketball team to change its name to the Washington
Wizards, but Grosso will undoubtedly want the Wizards to change their
name again, since members of the Wiccan religion could claim that
"Wizards" offends them. Redskins quarterback Robert Griffin III sent a
twitter message today saying, "In a land of freedom we are held hostage
by the tyranny of political correctness," which should shame
councilmembers, if they were capable of shame. But those who are
determined to extend their control over every aspect of our lives cannot
be shamed.
Gary Imhoff
themail@dcwatch.com
###############
School Reform Catanese Style
Dorothy Brizill,
dorothy@dcwatch.com
When Council Chairman Phil Mendelson announced in January that, for
the first time since 2006, there would be a separate and distinct
Education Committee, as opposed to having education issues handled by
the council’s Committee of the Whole, and that he was naming David
Catania to serve as chair, serious questions were raised. While many
acknowledge that Catania is a bright, hard-working member of the
council, he also has serious shortcomings that could have a dramatic
impact on his tenure as chair of the Education Committee, including a
lack of in-depth knowledge of public education in the District of
Columbia. In recent years, for example, Catania’s only interest in the
education field had been as a blind, die-hard supporter of the education
policies and management initiatives put forward by Mayor Fenty and
School Superintendent Michelle Rhee. Moreover, within the Wilson
Building and the community, concerns were raised about how Catania would
chair the Education Committee, given the manner in which he previously
chaired the council’s Health Committee and oversaw the District agencies
under its purview since 2005 with a know-it-all attitude and an iron
fist.
Now, in his first major initiative in education, we have a very clear
idea of Catania’s plan and chairmanship of the council’s Education
Committee. As Emma Brown first reported in an April 17 article in the
Washington Post,
http://tinyurl.com/d7k69tb,
Catania, at a cost of $300,000, has hired the international law firm of
Hogan Lovells, LLP, to prepare a "legal review of school reform in the
District of Columbia," as well as to "research school policies that have
succeeded around the country, help determine what might work in the
District, and translate that into legislative language." Catania is
considering a run for elective office in 2114, (either reelection to his
at-large council seat, a run for mayor, or a run to be the District’s
first elected Attorney General), and there is heightened concern
regarding the role and influence of corporate funds in politics and our
local elections. But he determined that he would solicit funds from the
private sector to pay Hogan Lovells’ bill.
The project’s chronology raises other concerns. It appears that
shortly after being selected as chairman of the Education Committee in
January, Catania was in communication with a private philanthropist who
"offered to retain counsel at private expense to prepare a legislative
proposal for use" by Catania and the committee. On February 6, Catania,
acting in secret, and without the knowledge or consent of any of his
committee members or Council Chairman Mendelson, wrote to the DC Board
of Ethics and Government Accountability (BEGA) asking for an advisory
opinion on how to proceed. On February 13, BEGA issued an advisory
opinion (Advisory Opinion 11-13,
http://tinyurl.com/cuzgcjk) with
recommendations on how the private donations should be handled. On March
21, Catania, in his position as committee chairman, signed a formal
letter of engagement with Hogan Lovells. It was only then, after the
agreement was finalized, that Catania informed the other members of the
Education Committee of his plans and actions; he never informed Mayor
Gray, even though under 2007 legislation the mayor has control over
public schools) or Council Chairman Mendelson. In recent years, the
council has frequently turned to law firms and experts in the private
sector to assist it with investigations and research into complicated
public policy issues. In every instance, however, the selection of the
law firm and/or consultant was preceded by a formal discussion and the
decision to engage it was voted on by the committee or the entire
council. Moreover, in past instances, the services were either provided
pro bono or by nominal payments of public funds made by the
council itself.
Finally, we now know that Emmanuel Friedman was the private
philanthropist who approached Catania, and that he has already made a
donation of $100,000. Friedman was the cofounder of the Friedman
Billings Ramsey Group (FBR), an investment banking and brokerage firm
based on Rosslyn, Virginia. He retired from the FBR several years ago,
following an investigation by the Securities and Exchange Commission
into the firm’s stock trading, and personally paid $1.25 million in
fines to the SEC and the National Association of Securities Dealers,
without making any admissions of guilt. FBR also paid more than $7.7
million to the SEC and NASD to resolve charges of improper trading in
shares of Compudyne Corporation. The Catania project at Hogan Lovells
will be headed by Maree Sneed, a partner at the law firm and a former
principal in Montgomery County, who is on the board of advisors of the
Broad Foundation and the board of directors of Teach for America, both
of which are closely tied to former School Superintendent Michelle Rhee.
###############
Harriet Tregoning’s view of zoning, especially as it relates to
parking requirements in a city, is decades out of date. Portland,
Oregon, which pioneered the reduction of parking in the city to
encourage alternative modes of transportation, has determined the
concept has failed, or the very least needs major tweaking. Earlier this
month, the Portland city council implemented new rules imposing parking
minimums on developers in response to concerns from neighborhood
residents who said new, large apartment buildings with no parking were
causing congestion on side streets. The neighbors testified at a council
hearing that tenants were clogging side streets with their cars. And a
city-backed study confirmed that few residents of no-parking buildings
were car-free. Ms. Tregoning should learn from the experience of cities
like Portland, listen to the residents of DC who have to live with her
zoning rewrite, and begin the zoning review process from scratch.
###############
It’s sad to see this message board turn so clearly into a local
listserv version of Fox — so many angry misinformed assertions
masquerading as fact, so many appeals to social and economic common
sense that don’t bother to consider any of the real-world social and
economic tradeoffs. Where, for instance, does one get the idea that
Metro is "at capacity," or that such a fact could somehow be an argument
for encouraging even more use of passenger cars? There are some stations
at some hours that could be defined that way, but that’s not an overall
accurate description of the system ( http://tinyurl.com/cgwfekz),
and to the degree that it’s even partially true, it’s a reflection of
the overwhelming majority of transportation funding already going to
car-based options (See Figure 9 at
http://tinyurl.com/a2gh4bh).
And how does evening the balance between bike options and car options
mean policymakers are failing to plan for the needs of people of all
ages and conditions? Isn’t that what balancing the options in fact
means?
Each edition of this listserv seems to outdo the previous one for the
scale of hyperventilating. Just stand somewhere in the city, anywhere,
and count the number of bicyclists you see ride by. Then count the
number of cars. Where does anyone seriously find the number of
bicyclists come anywhere close to the number of cars? Where does anyone
see bike lanes and bike routes outnumbering roads designed primarily for
cars? Where? And what is really causing the congestion plaguing our
roads — is it too many bikes or too many cars?
This listserv, like other places, is becoming a study in the willful
failure to look at the obvious facts staring everyone in the face. Sure,
people need cars at different times, and more so at different ages and
in different conditions. But that’s not the question — the question is
whether we have the balance right. Because there’s also costs of having
a society where everyone — regardless of age and physical condition — is
heavily encouraged, by financial subsidy and by fear of physical harm,
to always use a car virtually regardless of type of trip. This listserv,
sadly, is wholly devoid of any rational discussion of that fact, and the
tradeoffs that entails.
[Paul tries to frame the controversy between drivers and bicyclists
as a partisan political one, an argument between conservatives and
liberals. That doesn’t work, especially since he is replying to postings
in the last issue by Ann Loikow and Denise Wiktor. I’ll let those two
ladies defend their deeply conservative, Republican leanings for
themselves, if they wish, in the next issue of themail. — Gary Imhoff]
###############
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