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Regular Meeting
Tuesday, June 27, 1995 - - 7:30 pm

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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Ms. Boyd, Director of Citizen Assistance; Mr. Cyphers, Director of Human Services; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mr. Gitajn, Director of Financial and Information Services; Ms. Federico, Director of Historic Alexandria; Ms. Davis, Director of Housing; Ms. Hansen, Deputy Director of Housing; Mr. Cole, Director of Management and Information Services; Mr. Fertig, Director of Personnel Services; Mrs. Godwin, Director of Management and Budget; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Schott, Director of General Services; Mr. Post, Deputy Director of Management and Information Services; Mr. Brannan, Assistant City Manager; Mr. McMahon, Deputy Director of General Services; Mrs. Barton, Travel Promotion Manager; Mr. Neckel, Director of Finance; Ms. Chis, Director of Social Services; Mr. Powers, Director of Community Programs; Ms. Barnett, Division Chief, Recreation, Parks and Cultural Activities; Fire Chief Hawkins; Police Chief Samarra; Commonwealth's Attorney Kloch; and Lieutenant Kaluta, Police Department.

Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.

At 6:30 p.m., there was a dedication ceremony for the newly renovated Lee Center.

OPENING

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.

The Invocation was pronounced by Reverend Lowell E. Schuetze, Pastor, Good Shepherd Lutheran Church.

3. THERE BEING NO DISCUSSION, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, City Council approved the Minutes for (a) the Regular Meeting of June 13, 1995, as submitted. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"


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4. THERE BEING NO DISCUSSION, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried unanimously, City Council received the report of the City Clerk dated June 21, 1995, a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 6/27/95, and is incorporated herewith as part of this record by reference. The voting was as follows:

Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

5. Presentation of Proclamation Honoring Ruby Tucker on Her Retirement from the ALIVE! Child Development Center. (Mayor Ticer)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 6/27/95, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)

WHEREUPON, upon motion simultaneously made by Councilwoman Pepper and Council Member Walker, seconded by Vice Mayor Donley and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Ticer "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Rich "aye"

6. Presentation of a Proclamation Honoring Richard Kauffman for His Nearly Thirty Years of Service to the City of Alexandria.

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 6/27/95, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"

New Business Item No. 1: Councilwoman Pepper presented a check for $1,000 to Mayor Ticer. The check was presented by the Alexandria-Washington Lodge No. 22, A.F. & A.M. to Councilwoman Pepper at a ceremony proclaiming Saturday, June 24, 1995, as "Saint John the Baptist Day" in the City of Alexandria. The check is to be used for the poor.

New Business Item No. 2: Mayor Ticer announced that the Lord Provost of Dundee, Scotland recently passed away. Dundee has been Alexandria's Sister City since 1974. She indicated that the City and Sister City Committee will be sending condolences to his wife Jill.





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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 7(a), 10, and 11 from the Consent Calendar.

7. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:

(Copies of the resignations are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 7(b-c) ; 6/27/95, and is incorporated herewith as part of this record by reference.)
1 Representative from the Alexandria
Archaeological Commission







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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
CONSENT CALENDAR (continued)
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 8 (a-k); 6/27/95, and is incorporated herewith as part of this record by reference.)

9. Consideration of Application to The United States Department of Justice, National Institute of Corrections, for Funding to Redesignate the Alexandria Detention Center as a Resource Center for Jail and Mental Health Service Linkage.

(A copy of the City Manager's memorandum dated June 15, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 6/27/95, and is incorporated herewith as part of this record by reference.)

12. Consideration of Receipt of Second Year Grant Funds from the Office of National Drug Policy.

(A copy of the City Manager's memorandum dated June 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 6/27/95, and is incorporated herewith as part of this record by reference.)

. 13. Consideration of the Establishment of a Criminal Justice Advisory Board.

(A copy of the City Manager's memorandum dated June 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 6/27/95, and is incorporated herewith as part of this record by reference.)

14. Consideration of Receipt of the FY 1993 and FY 1994 Report from the Commission for Women.

(A copy of the City Manager's memorandum dated June 21, 1995, together with the report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 14; 6/27/95, and is incorporated herewith as part of this record by reference.)

23. Consideration of the Use of Community Development Block Grant (CDBG) Funds to Support the Empowerment Network Foundation's Alexandria Center for Entrepreneurship. (#27 6/13/95)

(A copy of the City Manager's memorandum dated June 21, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 6/13/95, and is incorporated herewith as part of this record by reference.)





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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

Planning Commission

29. MASTER PLAN AMENDMENT #95-0002 -- 18 AND 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) - - Public Hearing and Consideration of a request for amendment to the Taylor Run/Duke Street Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (#27 6/17/95)
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of the Planning and Zoning Director's memorandum dated June 21, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of the Planning and Zoning Director's memorandum dated June 21, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 29; 6/27/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

30. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Taylor Run/Duke Street Small Area Plan of the 1992 Master Plan of the City of Alexandria by changing the land use designation of the property at 18 and 20 South Roth Street from CG/Commercial General to I/Industrial. (#28 6/17/95)

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 6/27/95, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
31. REZONING #95-0001 -- 18 AND 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for rezoning of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (#29 6/17/95)
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 6/27/95, and is incorporated herewith as part of this record by reference.)




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ORDINANCES AND RESOLUTIONS (continued)

32 . Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to rezone the property located at 18 and 20 South Roth Street from CG/Commercial General to I/Industrial. (#30 6/17/95)

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 6/27/95, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

33. SUP #95-0050 - - 2500-3200 BUSINESS CENTER DRIVE - - ALEXANDRIA BUSINESS CENTER (CSX) - - Public Hearing and Consideration of a request for a special use permit to remove a lot from the area covered by previously approved special use permits (SUP #2288-A and SUP #2289-C) ; zoned CG/Commercial General. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (#31 6/17/95)

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 7 (a), 10, and 11, which were considered under separate motions; noted that Item No. 23 was withdrawn and that Item Nos. 29, 30, 31, 32, and 33 were deferred until the September Public Hearing Meeting. The City Manager's recommendations are as follows:

7. City Council received the resignations of (b) The Reverend Richard J. Jones from the Alexandria Community Corrections Resources Board; and (c) Aprile Belk from the Alexandria Community Services Board; and requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

8. City Council (a) appointed Edward Nidever as a Representative from a Group Interested in the Promotion and Maintenance of Affordable Housing in Alexandria to the Alexandria Affordable Housing Advisory Committee; (b) appointed Kim-Scott Miller as a Representative from the Public Schools to the Alexandria-Caen Exchange Committee; (c) appointed Grant Cole and Joseph Zadrozny as Citizen Members to the Alexandria-Gyumri Sister City Committee; (d) reappointed Vello Oinas and appointed Michael Wheeler as Architects to the Alexandria Board of Architectural Review - Old and Historic District; (e) appointed Arthur Jones as a Citizen Member Who Is 60 Years of Age or Older to the Alexandria Commission on Aging; (f) appointed Sandra Seim as a Representative of the Alexandria Red Cross, and Sara Larch and Frederick White Jr., as citizen members to the Alexandria
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Emergency Medical Services Council; (g) reappointed Andrew MacDonald as a Member from the Field of Environmental Sciences to the Alexandria Environmental Policy Commission; (h) reappointed Charles Bish as a Representative from the Alexandria Archaeological Commission to the Historic Alexandria Resources Commission; (i) appointed Deborah Bombard as a Health Professional Member to the Alexandria Public Health Advisory Commission; (j) appointed Thomas Morrison as a Member-at-Large to the Alexandria Task Force on Aids; and (k) reappointed Robert Roland as a Representative from the Pleasure Boat Lease Holders, James Dorsch as a Citizen Representative Who Resides East of Washington Street and North of King Street, and appointed Timothy Sullivan as a Representative from the Founders Park Community Association, to the Alexandria Waterfront Committee.

9. City Council authorized the City Manager to: (1) submit a grant application to the United States Department of Justice, National Institute of Corrections, for funding in the amount of $35,000, to redesignate the Alexandria Detention Center as a Resource Center for Jail and Mental Health Service Linkages; and (2) execute all necessary documents that may be required.

12. City Council (1) accepted the federal funds totaling $142,633 for the period July 1, 1995 to June 30, 1996 from the Office of National Drug Control Policy to fund residential and outpatient treatment services for criminal justice involved substance abusers; and (2) approved the reallocation of a vacant position in Mental Health, Mental Retardation and Substance Abuse to establish a full-time substance abuse counselor who would provide outpatient treatment services under this grant. The person in this position would be working for the Department of Mental Health, Mental Retardation and Substance Abuse. This grant-funded position would terminate upon the expiration of the grant funds and the individual who fills the position would be notified of this condition of employment.

13. City Council requested the City Attorney to draft the necessary ordinance to create an Alexandria Community Criminal Justice Board, composed of the 11 state and local officials listed in the memorandum and two citizen members, for introduction at the first Council meeting in September. Members of the board will meet informally over the summer to begin development of the necessary plan and comprehensive grant application for state funding for programs for local responsible offenders.

14. City Council received the report of the Commission for Women and thanked the Commission for its efforts on behalf of the City.

30. City Council deferred this to the September Public Hearing Meeting.

31. City Council deferred this to the September Public Hearing Meeting.

32. City Council deferred this to the September Public Hearing Meeting.







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33. City Council deferred this to the September Public Hearing Meeting.

The voting was as follows:

Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"

7. Receipt of the Following Resignation from a Member of a Committee:

(a) Alexandria Budget and Fiscal Affairs Advisory Committee
(A copy of Mr. Geisner's resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7 (a); 6/27/95, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council accepted the resignation of (a) Joel A. Geisner from the Alexandria Budget and Fiscal Affairs Advisory Committee with regret; and requested the Executive Secretary for Boards and Commissions to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner. The voting was as follows:

Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"

10. Consideration of the Job Training Plan and Grant Application to the Governor's Employment and Training Department.

(A copy of the City Manager's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 6/27/95, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried unanimously, City Council authorized the City Manager to (1) submit a grant application to the Governor's Employment and Training Department for FY 1996 funding, in the amount of $768,834, for the Job Training Plan and grant applications for Titles II and III; (2) approve the continuation of four full-time grant-funded Employment Training Specialist positions to administer the on-going Job Training Partnership Act program. Continuation of these positions is contingent upon continuation of funding from the Governor's Employment and Training Department; and (3) execute all necessary documents that may be required. The voting was as follows:

Walker "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Pepper "aye"

11. Consideration of the Monthly Financial Report for the Period Ending May 31, 1995.

(A copy of the City Manager's memorandum dated June 13, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 6/27/95, and is incorporated herewith as part of this record by reference.)






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WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilmen Euille and Cleveland and carried unanimously, City Council (1) received the Financial Report for the period ending May 31, 1995; (2) authorized the City Manager to award contracts to the lowest responsive and responsible bidders for the following public improvement projects: The preparation of a detailed building program study of the City's new central library; the renovation of the tennis courts at Ramsay Recreation Center; the painting of the interior of the Health Department building on St. Asaph Street; the repair of roofs at various sites; the replacement and installation of the City Hall chillers; the continued renovation of the Lee Center; the replacement of kitchen equipment in the Detention Center; the replacement of the liquid calcium chloride tank at the Transportation and Environmental Services Maintenance Facility; the upgrade of the City's traffic computer; and the removal of the underground storage tanks on City property to be acquired by the Virginia Department of Transportation; (3) authorized the City Manager to reallocate $125,451 in FY 1996 capital project monies from the Northern Virginia Regional Park Authority capital project to the Recreation Center Renovation capital project, to reflect a reduction of $125,451 in the amount requested by the Northern Virginia Regional Park Authority for its FY 1996 capital budget; and (4) approved the closing of the 32 completed Capital Improvement Program projects listed in Attachment 5 of the memorandum, and approved the reallocation of the net remaining funds, in the amount of $597, to capital project no. 004-179, Recreation Center Renovations. The voting was as follows:

Donley "aye" Ticer "aye"
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Walker "aye"

WITHOUT OBJECTION, City Council considered Docket Item No. 60 at this time.

ORDINANCES AND RESOLUTIONS (continued)

60. Introduction, First Reading, Public Hearing, Second Reading and Final Passage of AN EMERGENCY ORDINANCE to amend Section 2-2-10(s) of The Code of the City of Alexandria, Virginia, 1981, as amended, by changing the name and voting place of the Trade Center Election District from the Trade Center, 350 South Pickett Street, to Fire Station No. 58, 175 North Paxton Street. [ROLL-CALL VOTE]

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council introduced and passed on First Reading, held the Public Hearing, and finally passed the emergency ordinance upon its Second Reading. The voting was as follows:

Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"







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ORDINANCE NO. 3810

AN EMERGENCY ORDINANCE to amend and reordain subsection (s) of Section 2-2-10 (ESTABLISHMENT OF ELECTION DISTRICTS AND VOTING PLACES), of Chapter 2 (ELECTIONS), Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the City Council of the City of Alexandria finds and determines that:

1. The owner of the Trade Center, the voting place established by law within the Trade Center Election District, has refused permission for the continued use of the Trade Center as a voting place within the City of Alexandria; and

2. It is necessary to designate, in the manner provided by law, a new voting place for use within the said election district, and obtain preclearance from the Attorney General of the United States under Section 5 of the Voting Rights Act, in order to implement such change in time for the November 7, 1995, general election; and

3. It is necessary to change the name of the election district to conform to the name of the new voting place; and

4. No change to the boundaries of the current election district is required; and

5. The new name for the said election district shall be the Fire Station No. 58 Election District, and the polling place therein established at Fire Station No. 58, located at 175 North Paxton Street, within the City of Alexandria, Virginia; and

6. An emergency exists, as contemplated by Section 3.12 of the city charter, in that the June 27, 1995, meeting is the last regular meeting of city council at which an ordinance implementing the change in the name and location of the Trade Center Election District can be finally passed in time to receive Attorney General preclearance before the November 1995 elections; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (s) of Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

(s) The Fire Station No. 58 Election District shall be bounded and described as follows:

The voting place for the Fire Station No. 58 Election District shall be Fire Station No. 58, located at 175 North Paxton Street.
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Section 2. That this ordinance shall become effective upon the date and at the time of its final passage; provided, however, that the changes in the election districts and voting places herein made shall not be implemented until the changes are first submitted to the Attorney General of the United States and no objection is interposed within 60 days of the submission, as required pursuant to Section 5 of the Voting Rights Act of 1965, as amended.

Introduction: 6/27/95
First Reading: 6/27/95
Public Hearing: 6/27/95
Second Reading: 6/27/95
Final Passage: 6/27/95

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

15. Consideration of June 1995 Report and Recommendations of the Ad Hoc Task Force on Information and Communications Technology. (Councilwoman Pepper and Council Member Walker)

(A copy of the City Manager's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council (1) received the report; (2) approved the addition of a data field for electronic mail (e-mail) addresses on the application form for City Boards and Commissions as requested by the Task Force on January 23. (Staff has already revised the form; the database software used to track membership and services is in the process of being modified; and a new PC, with the capability to handle the modified database and to access the new permit processing system, has been ordered.) ; (3) Adopted a policy to govern the manner in which staff responds to inquiries sent by electronic mail that is similar to the policy implemented by the White House, in which electronic mail is acknowledged with an electronic receiving message noting that the official reply will be transmitted through regular U.S. Post Office mail service. As a first step, City staff proposes to employ a single City e-mail address by June 30, 1995. Based on the volume and level of interest in electronic mail communications with the City, staff will return to City Council with a recommendation on expanding electronic mail access in the context of an upgrade of the City's internal electronic mail software (currently scheduled in late 1996); (4) (a) Authorized staff, as part of the City's agreement with Arlington County for computer services: (i) to jointly pursue the establishment of a presence on the Internet in the form of a World Wide Web (WWW) server that will provide WWW home page services, file transfer services (ftp), and connections to other Internet computers (telnet). The server would provide information about the City government identified in the report of the focus group results; (ii) to develop a joint request for proposals (RFP) with Arlington County to determine if it is cost effective to contract for this service. Under the proposed plan, the City would provide appropriate technical assistance to all groups who wish to electronically access City information maintained on the City server. The City will maintain a single point of distribution for the electronic transmission of information about City government,
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to any individual or group that wishes to access it; (b) Transferred $50,000 from contingent reserves to Management Information Services (MIS) to fund the City's share of the estimated cost of the joint Alexandria/Arlington World Wide Web server; (5) approved the establishment of a telephone number to provide information on public information access to users; (6) allocated $25,000 in contingent reserves to fund the City share of the cost of pilot projects proposed by the private sector to facilitate Internet connectivity by businesses in Alexandria and/or to publicize the City's Internet presence, with awards to be determined by the Alexandria Economic Development Board of Directors (with staff support provided by MIS); and (7) transferred $55,000 from contingent reserves to MIS to fund the salary and benefits for a new staff position that would provide technical support for the City's Internet presence and electronic mail activity--including telecommunications engineering support, programming, network management, and contract management. The voting was as follows:

Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"

16. Consideration of Proposal to Name the Lee Center Auditorium as the Richard Kauffman Auditorium.

(A copy of the City Manager's memorandum dated June 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved naming the Lee Center Auditorium, which is located at 1108 Jefferson Street, as the Richard Kauffman Auditorium. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

17. Consideration of a Five-Year License Agreement with Church Schools in the Episcopal Diocese of Virginia for the Use of Athletic Facilities Located at 4401 West Braddock Road by Students Attending St. Stephens and St. Agnes Schools.

(A copy of the City Manager's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 6/27/95, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved a five-year license agreement with Church Schools in the Episcopal Diocese of Virginia for the use of City-owned athletic facilities located at 4401 West Braddock Road from August 15 through June 15 of each year during the term of this agreement; and (2) authorized the City Manager to sign the agreement. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

18. Consideration of the Lease Agreement for 2525 Mount Vernon Avenue for the Human Services Facility.

(A copy of the City Manager's memorandum dated June 26, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 6/27/95, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved the proposed ten-year lease agreement with the Poladian Construction Company for $365,000 per year, with annual 3% inflation adjustments, to take effect on October 1, 1995; (2) authorized the City Manager and the City Attorney to make minor revisions to the draft contract document as may be necessary for the owner to obtain the required insurance and financing; and (3) authorized the City Manager to execute the necessary contract documents and would include the negotiations stipulated by the City Attorney during the discussion of this item. The voting was as follows:

Euille "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"

19. Consideration of Follow-up to the Social Services Advisory Board's Report on "Welfare and Work" - Preliminary Recommendations for a Community Work Experience Program.

(A copy of the City Manager's memorandum dated June 21, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of Councilman Euille's memorandum dated June 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-0-to-1, City Council (1) received the status report on Virginia's welfare reform initiative; (2) received the SSAB's proposal on community work experience and commended the SSAB for its work; and (3) referred the proposal to City staff for program design and cost analysis, with a report back to City Council in the fall, including: (a) incorporation of the expertise of the Alexandria Volunteer Bureau in the design; (b) consideration of contracting out for the development and/or implementation of the program; and (c) integration of the community work experience program with the new Virginia welfare regulations, and added a (d) to read: "planning a community symposium". The voting was as follows:

Rich "aye" Donley "aye"
Pepper "aye" Cleveland "abstain"
Ticer "aye" Euille "aye"
Walker "aye"






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NOTE: The City Clerk read Docket Item Nos. 20(a) and 20(b) which were considered together.
Parking, the Park Alexandria Validation Program, and Daytime Employee Parking.

(A copy of the City Manager's memorandum dated June 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20 (a); 6/27/95, and is incorporated herewith as part of this record by reference.)

20. (b) Report on Police Department Enforcement Efforts in the Special Parking and Central Business Districts.

(A copy of the City Manager's memorandum dated June 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20 (b); 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, City Council (1) received the consultant reports; (2) authorized the reappropriation in the fall of $10,000 from the unexpended balance for the parking consultant studies to be used to match funds from the business community to initiate a comprehensive marketing effort for Old Town (from the waterfront to the King Street Metro Station) to include the "Park Alexandria Program." As a condition for receiving these funds, there must be major participation by the business community in the overall marketing effort, including a significant increase in the number of merchants and restaurants actively promoting and participating in "Park Alexandria," and the development of performance standards by which to measure the effectiveness of the marketing effort in bringing visitors and customers to Old Town and increasing the use of "Park Alexandria."; (3) encouraged individual restaurant owners to establish their own valet parking to meet their individual needs. The consultants concluded that a comprehensive valet parking program is not financially viable at this time and recommends that it not be pursued; (4) continued the current on-street parking restrictions throughout the Special Parking District and the aggressive enforcement of parking regulations; and (5) requested the City staff and the Chamber of Commerce to continue to encourage downtown businesses to have their employees use off-street parking facilities during the daytime, including the public parking at Jones Point by developing special promotional campaigns; and 20. (b) City Council received this report. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
16


21. Receipt of Status Report on Taxi-Cab Issues. (This is not a public hearing item.)

(A copy of the City Manager's memorandum dated June 26, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council received this report. Staff will return to Council in September with recommendations on possible changes to the City's taxicab ordinance. The voting was as follows:

Rich "aye" Donley "aye"
Pepper out of room Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"

22. Consideration of the Consolidated Plan for Housing and Community Development, which Includes the Community Development Block Grant and Home Investment Partnerships Program Applications. (WS 5/23/95; #14 5/13/95)

(A copy of the City Manager's memorandum dated June 21, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Donley and carried on a vote of 6-to-1, City Council (1) approved the summary of citizen comments with staff responses as an addendum to be incorporated into the Consolidated Plan for Housing and Community Development; (2) approved and authorized the submission of the Consolidated Plan to HUD with revisions incorporated as a result of Council input, citizen comments, and technical corrections, including the following substantive revisions: (a) language concerning the City's overall affordable housing policy has been revised, as discussed at the May 23 City Council Work Session, to state more clearly the City's commitment to helping to provide its residents with safe and affordable housing while also trying to achieve a balance between needs and available resources in the context of fair share; (b) language has been added in appropriate places to reflect that, in the absence of conversion of private-market project-based subsidized rental housing not covered by Resolution 830 that is threatened due to the expiration or non-renewal of federal subsidies or prepayment of federally-assisted mortgages (1,225 units) to homeownership, City Council may consider other alternatives for maintaining/preserving these units, including public/private partnership efforts, subject to available funding; (c) language has been added, where appropriate, to reflect that developers are encouraged to provide affordable housing set-asides under the City's Affordable Housing Policy (in lieu of cash contributions to the Housing Trust Fund) and to state the City's policy regarding the provision of affordable housing in new developments at Cameron Station, Eisenhower Valley and Potomac Yard; and (3) approved the City's Community Development Block Grant (CDBG) and Home Investment
17


Partnerships (HOME) Program applications for the 1995-1996 program year, and the transfer of up to $152,712 in carryover CDBG monies as follows: transfer $148,260 from the Mt. Vernon Avenue Commercial Revitalization Program and $4,452 from the Mental Health/Mental Retardation/Substance Abuse Facilities, to the Home Rehabilitation Loan Program for a total of $152,712. The voting was as follows:

Rich "aye" Cleveland "no"
Donley "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"

WITHOUT OBJECTION, City Council considered Docket Item No. 28 at this time.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
28. SUP #95-0060 -- 3606 MOUNT VERNON AVENUE -- OMEGA GRILL-- Consideration of a review of a special use permit for the existing restaurant; zoned CG/Commercial General. Applicant: Omega Grill Restaurant (#40 6/17/95) (This is not a public hearing item.)
COMMISSION ACTION: Recommend Revocation 6-0.

(A copy of the Planning Commission report dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council reversed the Planning Commission's recommendation and approved the special use permit, subject to compliance with all codes, ordinances and staff conditions with the following changes: added a new condition #29 to read: "29. This permit shall automatically be revoked, without further action by City Council, whenever the director of Planning and Zoning determines that any condition to the permit has been violated." The voting was as follows:

Euille "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"







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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

24. Consideration of an Amendment to the Affordable Housing Policy to Emphasize the Provision of On-site Affordable Homeownership Units in New Developments of Residential Units and Report on Affordable Housing Advisory Committee Consideration of Housing Trust Fund Monies for Homeownership.

(A copy of the City Manager's memorandum dated June 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, City Council (1) supports an amendment to the Affordable Housing Policy to encourage affordable housing set asides rather than contributions to the Housing Trust Fund. The recommended additions to the language in the Policy are underlined below:

(2) Received the status report from staff regarding the Affordable Housing Advisory Committee's consideration of the use of Housing Trust Fund monies for homeownership assistance. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

25. Status Report on Comparative Analysis of Affordable Housing in Northern Virginia Jurisdictions.

(A copy of the City Manager's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 6/27/95, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Council Member Walker, seconded simultaneously by Council Member Rich and Councilwoman Pepper and carried unanimously, City Council received the status report. The voting was as follows:

Walker "aye" Ticer "aye"
Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Euille "aye"

26. Consideration of Torpedo Factory Management Study and Arts Center Survey.

(A copy of the City Manager's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated June 26, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council (a) approved an extension in the current lease, and the current lease rate of $8.34 per square foot, (which expires on July 31, 1995) to December 31, 1995, to enable the City Attorney and the Torpedo Factory Artists' Association sufficient time to incorporate the revised duties and responsibilities of the City staff and the Torpedo Factory Artists' Association recommended in this report into the new lease. (Retaining the current lease rate at $8.34 per square foot through December 31, 1995, will allow the City to recover approximately 53 percent of the capital costs of installing energy efficient lighting at the Center;) (b) approved that the lease rate with the Torpedo Factory Artists' Association will be set to recover 50 percent of the Arts Center's direct operating costs for the period January 1, 1996 through August 31, 1998; (c) approved amending the lease provisions regarding the after-hour rental of the Torpedo Factory Arts Center to allow the Artists' Association to assume the responsibility and cost for marketing and staffing the Center as a special event rental facility, effective August 1, 1995; (d) approved amending the lease provisions regarding the after-hour rental to provide that 100 percent of the net income from the after-hour rentals would be retained by the Artists' Association, effective August 1, 1995; (e) authorized staff to pursue during the lease negotiations the establishment of a fee for after-hour rental of the Arts Center to recover the City's cost for building maintenance, utilities and administrative overhead associated with the after-hour use of the facility, to be paid to the City by the Torpedo Factory Artists' Association; (f) approved, in concept, that the daily operations of the Torpedo Factory Arts Center will be privatized in August 1998, upon the City's repurchase of the building; (g) approved a reduction in City staffing for the facility, effective August 1, 1995, from one full-time and two part-time positions, to two part-time, 30 hour per week positions, for estimated savings of approximately $54,000 in the direct City operating costs for the Center in FY 1996 and $59,000 in annual savings thereafter; (h) approved the reclassification review of the two part-time positions to reflect the duties and responsibilities discussed in this report; and (i) requested that staff return to City Council in the context of the FY 1998 budget deliberations with a formula basis for setting the future annual lease cost to the Artists' Association that will be effective following the City's repurchase of the building in August 1998 from Alexandria Art Center Associates.
20


Staff met with representatives of the Torpedo Factory Artists' Association throughout this management study. The President of the Artists' Association has reviewed these recommendations and concurs with them. The President will present these recommendations to the Executive Board of the Association as soon as the report is released to City Council.

The voting was as follows:

Walker "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich out of room

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
27. SUP #95-0003 -- 5901 EDSALL ROAD; 333-431 SOUTH WHITING STREET -- EDSALL TOWNHOUSES -- Consideration of a request for a special use permit, with site plan, to construct a 112-unit townhouse cluster development known as "Edsall Road Townhouses." In addition, the applicant is seeking a special use permit to allow lots with private street frontage, tandem parking spaces, and a temporary sales and construction trailer. A modification to increase the amount of paving permitted in yards is requested. The property is zoned RC/Residential. Applicant: Grosvenor Development Company, L.L.C., by Cyril D. Calley, attorney. (#18 5/23/95; #17 5/13/95; #19 4/22/95) This is not a public hearing item.)
COMMISSION ACTION: Recommend Denial 6-0

(A copy of the Planning and Zoning Director's memorandum dated May 22, 1995, together with the Planning Commission report, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of the Planning and Zoning Director's memorandum dated June 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 6/27/95, and is incorporated herewith as part of this record by reference.)







21

Council Member Rich agreed with this statement.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, City Council approved the special use permit application, subject to all applicable codes, ordinances and the revised conditions as stated in a memorandum dated June 20, 1995, from Sheldon Lynn to the Mayor and Members of Council with the following changes: that Council eliminate Condition #9 and new Condition #31 shall read: "31. All overhead wires on-site shall be removed or placed underground."; and added that conduits be placed underground and $100,000 in escrow for three years. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilman Euille spoke to the recent public hearing held on the draft and concept to create a Citizens Public Safety Review Commission. He thanked those who came out to speak, both for and against the issue. He wanted to reaffirm to our citizens that what was concluded at the end of the public hearing was as follows: the staff, the City Manager, the Police Chief, and others along with himself and some citizens who spoke in support of a Commission, will be working with the City staff some time within the next thirty days to further massage all of the comments that were afforded to us at that public hearing. He wanted the citizens to know that the matter did not die simply because there was no motion or vote on part of the Council, but all of the input was very valuable. They will react and respond favorably to a lot of the ideas that were offered to us.

(b) Council Member Walker spoke on the Woodrow Wilson Bridge. She expressed concern that the choices that were left have an adverse impact on the City of Alexandria, particularly the side-by-side bridges. I would like this City Council to pass on to the Woodrow Wilson Bridge Review Committee some consideration for the citizens of Alexandria and to include, if possible in the final assessment, options for the full tunnel and for the southern alignment bridge in their complete studies of the impact on the City of Alexandria. She stated that her concerns are two main impacts. One is the impact to Jones Point as a park for the City and the second one is the loss of housing at Hunting Towers and Hunting Terrace.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 6-to-0-to-1, City Council requested the City Clerk to send a letter informing the Committee that this Council would like that the above consideration be given. The voting was as follows:

Walker "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "abstain" Pepper "aye"
Rich "aye"




22


The Mayor indicated that she would not vote because she is a member of the Committee and won't feel bound by it because the studies are not complete and the statement that one option is more adversely affecting Alexandria than any other has not been completely fleshed out.

(c) Vice Mayor Donley thanked his colleagues and members of the City staff and many citizens of Alexandria who in the past week have offered their condolences and words of sympathy relating to the passage of his father. His family and the families of his brother and sisters sincerely appreciated the nice words that were said. He appreciated everyone's attendance at his father's wake and funeral. It meant a lot to him.

(d) Councilwoman Pepper announced that the Electronic Alexandria Community will be providing Alexandria residents with non-governmental electronically-accessed information in the near future. Please call Bob Maslyn for information.

(e) Councilman Cleveland spoke to a recent article in the Alexandria Journal with respect to the Birchmere Restaurant on Mt. Vernon Avenue. He has received a lot of calls from people who live within the Enterprise Zone and others about the possibility of the Birchmere leaving the City of Alexandria. He asked staff to try to find them a place in the City of Alexandria. It would be a great loss should they leave the City.

ORDINANCES AND RESOLUTIONS (continued)

34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend section 6-405(B) of the Zoning Ordinance to add a definition of "retail" for the purpose of permitting additional height in the King Street Metro Station height district. (#4 6/17/95) [ROLL-CALL VOTE]

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich out of room

The ordinance finally passed reads as follows:
ORDINANCE NO. 3811

AN ORDINANCE to amend and reordain Section 6-405 (ADDITIONAL REGULATIONS FOR THE KING STREET METRO STATION HEIGHT DISTRICT) under Section 6-400 (HEIGHT DISTRICTS) of Article VI (SPECIAL AND OVERLAY ZONES) (TA NO. 95-008) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 6-405 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:





23


Section 6-405 Additional regulations for the King Street Metro Station Height District.

(A) Height limits. The maximum height of any building or structure shall not exceed 77 feet above the average finished grade at the building.

(B) Exception. If at least 60 percent of the area of the first floor of the building is to be used for retail uses, the maximum height may be increased by not more than five feet. For the purpose of this section 6-405 (B) , retail uses shall include retail shopping establishments, restaurants, banks, financial investment and consulting offices, travel agencies, realty offices, personal service uses, educational uses, and any other commercial activity that involves a high degree of pedestrian activity, as determined by the director.

Section 2. That Section 6-405 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review, shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.

Introduction: 6/17/95
First Reading: 6/17/95
Publication: 6/21/95; 6/22/95
Public Hearing: 6/27/95
Second Reading: 6/27/95
Final Passage: 6/27/95



35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way for an awning at 609 King Street. (#24 6/17/95) [ROLL-CALL VOTE]

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"

The ordinance finally passed reads as follows:







24

ORDINANCE NO. 3812

AN ORDINANCE authorizing the owner of 609 King Street, and the owner's successors in title, to establish and maintain an encroachment into the public right-of -way at 609 King Street, in the City of Alexandria, Virginia.

WHEREAS, B. & L. Partnership is the owner of the property located at 609 King Street in the City of Alexandria, Virginia; and

WHEREAS, B. & L. Partnership desires to establish and maintain an awning which will encroach into the public right-of-way at 609 King Street; and

WHEREAS, the public right-of-way at that point on 609 King Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That B. & L. Partnership and its successors in title (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of 609 King Street in the City of Alexandria, said encroachment consisting of an awning projecting approximately five feet in width and extending 18 feet in length above the public sidewalk at 609 King Street, and erected to a height of approximately eight feet above the sidewalk, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the condition that a minimum vertical clearance of seven feet between the lowest point of the awning and the sidewalk be maintained and that the awning have a semi-circular frame design.

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that
25


event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 7. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

Section 8. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: 6/17/95
First Reading: 6/17/95
Publication: 6/21/95; 6/22/95
Public Hearing: 6/27/95
Second Reading: 6/27/95
Final Passage: 6/27/95

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way at 735 South Fairfax Street for a brick planter. (#26 6/17/95) [ROLL-CALL VOTE]

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.




26


WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Walker "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich out of room

The ordinance finally passed reads as follows:
ORDINANCE NO. 3813

AN ORDINANCE authorizing the owner of 735 South Fairfax Street, and the owner's successors in title, to establish and maintain an encroachment into the public rights-of-way of Jefferson and South Fairfax Streets, in the City of Alexandria, Virginia.

WHEREAS, Kenneth L. Wainstein is the owner of the property located at 735 South Fairfax Street in the City of Alexandria, Virginia; and

WHEREAS, Mr. Wainstein desires to establish and maintain a brick wall which will encroach into the public right-of-way of the northwest corner of Jefferson and South Fairfax Streets; and

WHEREAS, the public right-of-way at that point on Jefferson and South Fairfax Streets will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Kenneth L. Wainstein and his successors in title (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public rights-of-way of Jefferson and South Fairfax Streets in the City of Alexandria, said encroachment consisting of a brick wall ranging in height from six inches to 36 inches, beginning at a point that is to the south of the southwest corner of the lot at 735 South Fairfax Street (Tax Map and Zoning Map Parcel No. 80.04-02-16) and approximately five feet into the public right-of-way of Jefferson Street, thence extending, while approximately five feet in said public right-of-way, eastward to a point near the northwest intersection of Jefferson and South Fairfax Streets that is approximately five feet in the right-of-way of Jefferson Street and approximately five feet in the right-of-way of South Fairfax Street, thence extending, while approximately five feet in the right-of-way of South Fairfax Street, northward to a point that is approximately five feet in said right-of-way and due east of the front stairs of the structure located on the lot at 735 South Fairfax Street, until said encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.






27


Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.







28


Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: 6/17/95
First Reading: 6/17/95
Publication: 6/21/95; 6/22/95
Public Hearing: 6/27/95
Second Reading: 6/27/95
Final Passage: 6/27/95

37. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the sale of the City's interest in the real property, known as the District Nursing Home, located in Warrenton, Virginia. (#41 6/17/95) (ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 13, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 6/27/95, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3814

AN ORDINANCE authorizing the conveyance of the interest of the City of Alexandria in the property known as the District Nursing Home in Warrenton, Virginia, which interest the City derives from its membership on the District Home Board, to A. A. Gaunoux or his assigns.

WHEREAS, the City of Alexandria and the Counties of Fairfax, Fauquier, Loudoun and Prince William, which jurisdictions constitute the District Home Board (the "Jurisdictions"), own, as tenants in common, the property known as the District Nursing Home in Warrenton, Virginia, which property is described in deed book 400, pages 226-227, in the land records of Fauquier County (the "Property"); and

WHEREAS the Jurisdictions have determined that they have no need to continue owning the Property and have been seeking purchasers for it; and

WHEREAS, A. A. Gaunoux now desires to purchase the Property for the sum of $300,000, to be paid in cash or by certified check at settlement; and







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WHEREAS, the city council has determined that the sale of the Property to Mr. Gaunoux or his assigns is in the best interest of the City of Alexandria, and desires to authorize the conveyance of its interest in the Property to Mr. Gaunoux or his assigns; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, subject to the receipt by the District Home Board of a payment of $300,000, in cash or by certified check, the city council hereby does approve and authorize the conveyance, and hereby does convey, to A. A. Gaunoux or his assigns, any and all of the interest of the City of Alexandria in the Property.

Section 2. That the city manager or her designee shall be, and hereby is, authorized to do all things necessary and desirable, on behalf of the City of Alexandria, to carry out the conveyance approved and authorized by this ordinance, including but not limited to the execution of deeds, contracts and other appropriate documents.

Section 3. That the city clerk shall be, and hereby is, authorized to attest to the execution of any documents by the city manager or her designee pursuant to the authority granted by section 2, and to affix thereon the official seal of the City of Alexandria.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 6/17/95
First Reading: 6/17/95
Publication: 6/21/95; 6/22/95
Public Hearing: 6/27/95
Second Reading: 6/27/95
Final Passage: 6/27/95

38. Introduction and First Reading. Consideration. Passage on First and Second Readings of AN ORDINANCE to adopt Supplement 45 of the Code of the City of Alexandria, Virginia, 1981, as amended. [ROLL-CALL VOTE]

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council introduced the ordinance and passed it on its First and Second Readings. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3815

AN ORDINANCE adopting supplemental pages for The Code of the City of Alexandria, Virginia, 1981, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance, and for other purposes.





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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 45," are hereby adopted as and shall constitute "The Forty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981."

Section 2. That the sections and portions thereof set forth in "The Forty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between January 25, 1995 and April 25, 1995, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, as amended are hereby repealed, except as otherwise provided in section 3 of this ordinance.

Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance adopted after June 25, 1992, which amends the Zoning Ordinance of the City of Alexandria, Virginia, 1992, as amended; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between January 25, 1995 and April 25, 1995, which is inadvertently omitted from or erroneously incorporated into The "Forty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981," or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.

Section 4. That one complete set of pages comprising "The Forty-Fifth Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.

Section 5. This ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 6/27/95
First Reading: 6/27/95
Second Reading: 6/27/95
Final Passage: 6/27/95







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39. Consideration of a Resolution of Support for Federal Transit Aid for the Washington Metropolitan Area Transit Authority. (Mayor Ticer and Vice Mayor Donley) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a unanimous ROLL-CALL vote, City Council (1) adopted the resolution that supports continuation of federal transit aid for WMATA of not less than $10.5 million in FY 1996; and (2) authorized the City Manager to forward the resolution to the Northern Virginia Transportation Commission and to our local Congressional delegation. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1747

WHEREAS, the City of Alexandria receives Metrobus and Metrorail service provided by the Washington Metropolitan Area Transit Authority (WMATA); and

WHEREAS, the City of Alexandria subsidizes this public transportation service using a combination of funding sources including federal and State aid, and City General Fund contributions; and

WHEREAS, the City's FY 1996 Budget and FY 1996 - FY 2000 Capital Improvement Program include over $45 million to meet the City's transit requirements, including approximately $20 million for WMATA's operating and capital requirements for FY 1996 alone; and

WHEREAS, over the last 5 years, transit service requirements have become one of the fastest growing components of the City's budget; and

WHEREAS, the FY 1996 WMATA operating budget approved by the Board of Directors and endorsed by the localities, including the City of Alexandria, reflects a $4.0 million, or 30 percent reduction in transit operating assistance; and

WHEREAS, Congress is considering further reductions in federal transit aid that will have further negative impact on already constrained local budgets;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALEXANDRIA, VIRGINIA, that the City Council supports continuation of federal transit aid for the Washington Metropolitan Area Transit Authority of not less than $10.5 million in FY 1996.

BE IT FURTHER RESOLVED that the City Council affirms its support by forwarding this resolution to the Northern Virginia Transportation Commission and our local Congressional delegation.







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(A copy of the City Manager's memorandum dated June 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Donley and carried on a unanimous ROLL-CALL vote, City Council adopted this resolution to adjust: (1) the various departmental accounts to projected final expenditure patterns; and (2) the approved FY 1995 revenue estimates to final revenues, as projected in the City's Financial Report for the period ending May 31, 1995. The voting was as follows:

Euille "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

The resolution reads as follows:
RESOLUTION NO. 1748

WHEREAS, certain appropriation accounts of the City of Alexandria, Virginia, will be overexpended due to budgeting practices and unanticipated expenditures; and

WHEREAS, it is the desire of the City Council to take the action necessary to transfer budget authority among City departments to adjust these accounts:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF ALEXANDRIA, VIRGINIA:

That the Director of Finance be and hereby is authorized to make the following appropriations transfers between the General Fund accounts designated and to adjust the revenue estimates in the sums indicated:

TRANSFER APPROPRIATIONS FROM:

122101 Library $ 9,242
103556 Non-Departmental - Contingent Reserves 353,454
125450 Non-Departmental - City Legal Expenses 245,000


TRANSFER APPROPRIATIONS TO:

106104 City Attorney $245,000
102103 18th Circuit Court 12,385
102202 18th General District Court 12,910
121004 Historic Alexandria 85,509
102301 Juvenile and Domestic Relations District Court 2,000
102954 Northern Virginia Juvenile Detention Home 208,138
102954 Sheltercare Program 41,754

ADJUST REVENUE ESTIMATES TO REFLECT THE CURRENT PROJECTIONS AS NOTED IN THE CITY'S FINANCIAL REPORT FOR THE PERIOD ENDING MAY 31, 1995:

General Property Taxes
Real Property Taxes $ (724,000)
Personal Property Taxes 3,393,000
Penalties and Interest 13,000





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Other Local Taxes
Local Sales Taxes 1,391,000
Utility Taxes 304,000
Business License Taxes 1,282,000
Motor Vehicle License Taxes 12,000
Recordation Taxes (187,000)
Tobacco Taxes 32,000
Transient Lodging Taxes (299,000)
Restaurant Meals Taxes 294,000
Other Miscellaneous 48,000

Intergovernmental Revenues 451,000

Other Governmental Revenues

Licenses, Permits and Fees 579,000
Fines and Forfeitures 718,000
Use of Money and Property 2,557,000
Charges for Services 64,000
Miscellaneous 370,000



41. Consideration of a Resolution establishing a comprehensive self-insurance program for the City of Alexandria which defines the terms and conditions under which the City will provide general liability, automobile liability, uninsured motorists' and workers' compensation insurance coverage to City officers and employees. [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council (1) determined and declared the City of Alexandria to be a self-insured entity in the areas of general liability, motor vehicle liability and workers compensation, and (2) adopted the resolution which establishes a self-insurance program for the City of Alexandria pursuant to which the City will insure City officers and employees, and others, against claims and suits arising from the performance of their official duties and responsibilities. The voting was as follows:

Walker "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"

The resolution reads as follows:
RESOLUTION NO. 1749

WHEREAS, the City Council of Alexandria desires, subject to the provisions of this resolution and the self-insurance program it establishes for the City of Alexandria, to provide protection to individuals who perform services on the behalf of the City against specific risks and from specific claims and liability resulting therefrom; and





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WHEREAS, the City Council desires, subject to the provisions of this resolution and the self-insurance program it establishes, to defend and to save harmless and indemnify City officers and employees against any claim or suit, whether groundless or otherwise, arising out of an alleged act or omission in their performance of services on behalf of the City; and

WHEREAS, the City Council is willing, subject to the provisions of this resolution and the self-insurance program it establishes, to defend and, where deemed appropriate, to compromise and settle such claims or suits, and to pay the amount of damages contained in any settlement or judgment rendered therein; and

WHEREAS, the City Council desires, subject to the provisions of this resolution and the self-insurance program it establishes, to provide workers' compensation benefits, as required by law, to those City officers and employees who are injured in the course of and as a result of their employment with the City; and

WHEREAS, the City of Alexandria has the authority to defend, insure and indemnify, and to provide workers' compensation benefits to, its officers and employees in the manner set forth in this resolution and the self-insurance program it establishes, under sections 15.1-7.3:1, 15.1-19.2, 46.2-368, 65.2-801 and 65.2-808 of the Code of Virginia (1950), as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF ALEXANDRIA, VIRGINIA

Section 1. That the following program of self-insurance protection for individuals who perform services on behalf of the City of Alexandria be, and the same hereby is, adopted and established:
SELF-INSURANCE PROGRAM OF THE
CITY OF ALEXANDRIA, VIRGINIA
PART ONE: GENERAL LIABILITY PROTECTION

I. Coverage

Subject to the limits of its liability under this Part One the City of Alexandria (hereinafter the "City") shall pay on behalf of a Covered Person all sums which the Covered Person shall be legally obligated to pay as damages because of personal injury or property damage caused by an occurrence arising out of such person's Public Service. The City shall have the right and duty to defend any suit against a Covered Person seeking damages on account of such personal injury or property damage, or seeking injunctive, declaratory or other extraordinary relief in connection with such person's Public Service. Such right and duty of the City to defend shall exist even if any or all of the allegations of the suit are groundless, false or fraudulent. The City may make such investigation and settlement of any claim or suit as it deems expedient. The City shall not be obligated to pay any damages, claims, judgments or other sums, or to defend any suit for damages, after the applicable limit of the City's liability under this Part One has been exhausted.

II. Exclusions

The coverage provided by this Part One does not apply:

A. To any punitive damages, fines or penalties except to the extent required under section 46.2-472 of the Code of Virginia, 1950, as amended; provided, that, if a suit seeking both compensatory and punitive damages is brought against a Covered Person which asserts a claim for acts or alleged acts falling within the coverage hereof, the City shall, unless otherwise directed by the Covered Person, afford a defense to such suit but the provision of such defense shall not make the City liable for any punitive damages; or
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B. To any liability assumed by a Covered Person under any contract or agreement; or

C. To any act or omission committed by or at the direction of a Covered Person who intends thereby to cause personal injury or property damage; provided, that this exclusion does not apply where the Covered Person acts in good faith and believes in good faith that he or she is lawfully performing his or her duties for the City; or

D. To any claim or suit for personal injury or property damage, or to any suit for injunctive, declaratory or other extraordinary relief, arising from a Covered Person's willful and knowing violation of any law, statute, ordinance, rule or regulation; provided, that the city will provide legal representation to a Covered Person in a suit containing such allegations; or

E. To any claim or suit for personal injury or property damage arising out of the operation, use, maintenance, loading or unloading of any motor vehicle; provided, that this exclusion shall not apply:

1. With respect to any motor vehicle that is registered with the Virginia Department of Motor Vehicles in the name of the City or is rented or leased to or on behalf of the City, while being operated by a Covered Person with the permission of the City; provided, that the actual operation thereof at the time of the Occurrence giving rise to the claim or suit is within the scope of such permission; or

2. With respect to any other motor vehicle, where the actual use of the vehicle is by a City Officer, other than a member of a City committee, board or commission, as defined in Section IV (A) (1) of this Part One, or by a City Employee as defined in clause (i) of Section IV(A)(2) of this Part One only, and the use (i) has been approved for mileage reimbursement, or is eligible for such approval, by the City pursuant to Administrative Regulation 7-1 or other applicable City administrative regulations, or (ii) has, prior to the Occurrence giving rise to the claim or suit, been approved in writing by the Covered Person's supervisor.

F. To any obligation, claim or suit for which the City or any carrier as the City's insurer may be held liable under any workers' compensation, unemployment compensation or disability benefits law or program, or under any similar law or program, including any obligation, claim or suit arising from any personal injury to any Covered Person that arises out of and in the course of such person's Public Service; or

G. To any claim or suit for personal injury or property damage, or to any suit for injunctive, declaratory or other extraordinary relief, arising from the Covered Person's obtaining any personal profit, advantage or remuneration to which he or she was not legally entitled; provided, that the City will provide legal representation to a Covered Person in a suit containing such allegations.

III. Conditions

The coverage provided by this Part One is subject to the following conditions.


1. In the event of an Occurrence, written notice identifying the Covered Person, describing the time and place of and the circumstances surrounding the Occurrence, and providing the names and addresses of all known persons who sustained or may have sustained personal injury or property damage as a result of the Occurrence and of all known witnesses to the Occurrence or any part thereof, shall be
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given by or on behalf of the Covered Person to the City Attorney or his designee as soon as practicable and in no case longer than five days after the Occurrence.

2. If claim is made or suit is brought against a Covered Person, the Covered Person shall immediately forward to the City Attorney or his designee every demand, notice, summons or other document received by the Covered Person or his or her representative which relates in any way to the claim or suit.

3. A Covered Person shall cooperate with the City and, upon the City's request, shall assist in making settlement of any claim or suit and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Covered Person because of the injury or damage for which coverage is afforded under this Part One. In addition, the Covered Person shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Covered Person shall not, except at his or her own cost, voluntarily make any payment, assume any obligation or incur any expense in conjunction with an Occurrence to which coverage under this Part One applies or with an injury or damage arising therefrom, other than for first-aid to others which is provided at the time of the occurrence.

1. No action shall lie against the City to enforce the terms of this Part One unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this Part One and the amount of damages which the Covered Person is obligated to pay shall have been finally determined either by judgment against the Covered Person after actual trial or by written agreement between the claimant and the City. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Part One to the extent of the coverage afforded by this part.

2. No person or organization shall have any right under or by virtue of this self-insurance program to join the City as a party to any suit against the Covered Person. Nor shall the City be impleaded by the Covered Person or his or her legal representative in any such suit.

3. The bankruptcy or insolvency of the Covered Person or of the Covered Person's estate shall not relieve the City of any of its obligations under this Part One.

In the event of any payment under this Part One on behalf of a Covered Person, the City shall be subrogated to all of the Covered Person's rights of recovery arising from the Occurrence against any person or organization up to the amount such of payment, and the Covered Person shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights to and for the City, and shall do nothing to prejudice such rights.

No assignment by a Covered Person of an interest under this Part One shall be binding upon the City until the City's written consent to the assignment is endorsed thereon. If, however, any Covered Person shall die, such coverage as is afforded the Covered Person under this Part One shall extend to the Covered Person's legal representative, but only while acting within the scope of his or her duties as such.




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The coverage provided by this Part One may be canceled for good cause by the City Manager as to future Occurrences involving any Covered Person by delivering or mailing, by first-class mail, to the Covered Person, at his or her last known address, written notice stating when, not less than 30 days thereafter, such cancellation shall be effective. Proof that notice was delivered or mailed in this manner shall be sufficient proof that notice of cancellation was provided to the Covered Person. The cancellation of coverage under this Part One shall not be grievable under the provisions of Administrative Regulation 6-21 or any other City administrative regulations. Cancellation of coverage may affect a Covered Person's eligibility for continued employment with the City.

1. The coverage provided under this Part One shall be excess to the coverage provided by any other policy or policies of insurance applicable to the personal injury or property damage alleged in a claim or suit covered hereunder.

2. Where coverage under this Part One and other insurance apply on the same basis, whether primary, secondary, excess or contingent, to the personal injury or property damage alleged in a claim or suit covered hereunder, the City shall not be liable for a greater proportion of the damages than that stated in the applicable contribution provision below.

(a) Contribution by equal shares. If all such other valid and collectible insurance provides for contribution by equal shares, the City shall not be liable for a greater proportion of such damages than would be payable (i) if the City and all insurers each contributes an equal share until either the share of the City and each insurer equals the lowest applicable limit of liability under any one policy or under this Part One, or the full amount of the damages is paid, and (ii) if, with respect to any amount of damages not paid pursuant to clause (i), each remaining insurer, including if applicable the City, then continues to contribute equal shares of the remaining amount until each such insurer has paid its policy limit in full or the full amount of the damages is paid.

(b) Contribution by limits. If any other valid and collectible insurance does not provide for contribution by equal shares, the city shall not be liable for a greater proportion of such damages than the applicable limit of liability under this Part One for such damages bears to the total applicable limit of liability under all valid and collectible insurance, including under this Part one, for such damages.

Nothing in this Part One shall be deemed a waiver of the sovereign, governmental or other immunity of the City or of any Covered Person.

Nothing in this Part One shall limit the City Council's authority under sections 15.1-19.2 and 15.1-19.2:1 of the Code of Virginia, 1950, as amended.







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IV. Definitions

For purposes of this Part One:

A. "Covered Person" means a City Officer and a City Employee, as hereinafter defined, and does not include any City volunteer, any constitutional officer, any of the employees or volunteers of any constitutional officer, any of the employees or volunteers of any City committee, board or commission, or any of the members, employees or volunteers of any of the entities expressly excluded from paragraph 1 below, except as such City volunteers, constitutional officers and employees and volunteers of constitutional officers, and employees and volunteers of City committees, boards and commissions that are not expressly excluded from paragraph 1 may qualify as a "City Employee" under clause (ii) or (iii) in paragraph 2 below.

1. "City Officer" or "Officer" means a member of the City Council, the City Manager, the City Attorney, the City Clerk and a member of any City committee, board or commission who is appointed by the City Council or by an individual or organization designated as the appointing authority by the Virginia Code, the City Charter, the Alexandria City Code or the City Council; provided, that the Alexandria School Board, the Alexandria City Public Schools, the Alexandria Sanitation Authority, the Alexandria Transit Company and any other legal entity involved in the operation or management of the City's DASH transit system, the Alexandria Library Board, the Alexandria Redevelopment and Housing Authority, and the Industrial Development Authority of Alexandria shall not, for purposes of this self-insurance program, constitute a City committee, board or commission; and provided further that the Alexandria Community Services Board shall, for purposes of this self-insurance program, constitute a City board.

2. "City Employee" or "Employee" means: (i) a person, other than a City Officer, who has been appointed as an employee of the City, whether in a full-time or part-time, regular or temporary status, who performs services for the City, who is paid wages or a salary by the City in exchange for the performance of such services, and who is subject to supervision and control as to the manner of performance of services by one or more City Officers or their designees; (ii) a person who has been certified by the City's Fire Chief as a member in good standing of the Alexandria Volunteer Fire Department or by the City's Chief of Police as a member in good standing of the Alexandria Police Auxiliary Force; and (iii) solely for purposes of the automobile liability coverage provided by this Part One and solely while operating a motor vehicle as provided in this clause (iii) , any person other than a City Officer or a City Employee, as defined immediately above in clauses (i) and (ii), who, pursuant to and consistent with the written permission of such a City Officer or a City Employee, as defined in clause (i), having the authority to provide the permission, operates a motor vehicle that is registered with the Virginia Department of Motor Vehicles in the name of the City or is rented or leased to the City.

B. "Damages" means an award of monetary compensation for personal injury, property damage, costs and/or attorney's fees. Such award may be reflected in a judgment entered in a suit against a Covered Person, or in the settlement of such a suit or of a claim made against a Covered Person.

C. "Occurrence" means a happening or event, including continuous or related exposure to conditions, arising out of the performance of Public Service and involving a personal injury or property damage sustained by one or more persons, whether taking place before or after the effective date of this resolution.



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D . "Personal injury" means: (i) death, bodily injury, sickness, disease, shock, mental anguish, mental injury and humiliation; (ii) false arrest, false imprisonment, wrongful eviction, wrongful detention, malicious prosecution and legal malpractice; (iii) libel, slander, and deprivation or invasion of rights to privacy; (iv) assault and battery; and (v) deprivation of rights, privileges or immunities secured by the Constitution of the United States, by the Constitution of Virginia or by federal, Virginia or City law.

E. "Property damage" means injury to or destruction of tangible property and all direct and consequential loss resulting therefrom.

F. "Public Service" means the exercise of authority, the performance of services or the discharge of duties, together with the usual and customary acts incidental thereto, by a Covered Person while acting within the scope of such person's office or employment with the City.

V. Limits of Liability

Regardless of the number of Covered Persons under this Part One, of persons or organizations who sustain personal injury or property damage, or of claims made or suits brought on account of personal injury or property damage, the City's liability under this Part One shall be: (i) for the personal injury sustained by a single person or organization as a result of a single Occurrence, the liability shall not exceed $2,000,000; (ii) subject to the limit in clause (i), for the personal injuries sustained by two or more persons as a result of one Occurrence, the liability shall not exceed $2,000,000; and (iii) for all property damage sustained as a result of one Occurrence, the liability shall not exceed $100,000. All personal injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as resulting from a single Occurrence.

VI. Out-of-State Motor Vehicle Liability Coverage

Notwithstanding any other provision of this Part One to the contrary, if, under the provisions of the motor vehicle financial responsibility law, the motor vehicle compulsory insurance law or any similar law of any state other than the Commonwealth of Virginia, a nonresident is required to maintain insurance with respect to the operation or use of a motor vehicle in such state, and if such insurance requirements are greater than the insurance provided by Section V of this Part One, then the limits of the City's liability and the kinds of coverage afforded by this self-insurance program shall be as set forth in such law, in lieu of the insurance otherwise provided by this Part One, but only to the extent required by such law and only with respect to the operation or use of a motor vehicle in such state; provided, that the coverage under this Section VI shall be reduced to the extent that there is other valid and collectible insurance under this self-insurance program or any other motor vehicle insurance policy. In no event shall any person be entitled to receive duplicate payments for the same element of damages. For purposes of this Section VI, the term "state" includes the District of Columbia.

VII. Supplemental Payments

Regardless of the applicable limits of its liability for damages under this Part One, the City will pay the following expenses:






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A. All expenses incurred by the City in processing, investigating and defending a claim or suit against a Covered Person, all costs taxed against a Covered Person in a suit defended by the City, and all interest on a judgment which accrues after entry of the judgment and before the City has paid or tendered or deposited in court that part of the judgment which does not exceed the limits of the City's liability; and

B. Premiums on appeal bonds required in any suit against a Covered Person, and premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this coverage; and

C. Expenses incurred by a Covered Person in providing first-aid to others, or for other good reason, at the time of an Occurrence to which coverage under this part applies; and

D. Reasonable expenses incurred by a Covered Person at the City's request in assisting the City in the investigation or defense of any claim or suit.

I. Coverage

The City shall pay, in accordance with sections 46.2-368 and 46.2-472 of the Code of Virginia (1950), as amended, and subject to the provisions of this Part Two and to the law of the Commonwealth of Virginia regarding the uninsured and underinsured motor vehicle obligations of self-insured entities, the sums which a Covered Person, as defined in this Part Two, or his or her legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured or underinsured motor vehicle because of bodily injury or property damage sustained by such Covered Person and caused by an Accident involving such uninsured or underinsured motor vehicle.

II. Exceptions

The coverage provided by this Part Two does not apply:

A. To any bodily injury or property damage with respect to which the Covered Person or his legal representative shall, without written consent of the City, make any settlement with any person or organization who may be legally liable therefor; or

B. So as to inure directly or indirectly to the benefit of any insurer of property.

III. Conditions

The coverage provided by this Part Two is subject to the following conditions.

1. In the event of an Accident subject to this Part Two, as soon as practicable and in no case longer than five days after the Accident, a Coveted Person desiring to make a claim under this Part Two shall give to the City Attorney or his designee a written notice of such claim which shall identify the Covered Person, describe the time and place of and the circumstances surrounding the Accident, and provide the names and addresses of all known witnesses to the Accident.

2. As soon as practicable after an Accident that is subject to this Part Two, the Covered Person making a claim for bodily injury under this Part Two shall give to the City Attorney or his designee written proof of such claim, under oath if required by the City, which shall include full particulars of the nature and extent of the Covered Person's injuries and treatment and other
41


details pertinent to the determination of the amount payable under this Part Two. This proof of claim shall be made on forms furnished by the City, unless the City shall have failed to furnish such forms within 15 days after receiving the Covered Person's notice of claim.

3. The Covered Person making a claim for bodily injury under this Part Two shall submit to physical examinations by physicians selected by the City when and as the City may reasonably require. In addition, the Covered Person shall, upon each request from the City, execute any and all authorizations to enable the City to obtain access to and copies of medical reports and records.

4. The Covered Person making a claim for bodily injury under this Part Two shall give to the City Attorney or his designee, upon request, a copy of every motor vehicle liability policy in effect at the time of the Accident in which the Covered Person was a named insurer or an insured, including every policy insuring a motor vehicle owned, in whole or in part, by the Covered Person at the time of the Accident.

5. A Covered Person making a claim for property damage under this Part Two shall give to the City Attorney or his designee written proof of such claim within 60 days of the Accident, unless such time is extended in writing by the City Attorney or his designee, in the form of a statement, under oath if required by the City, setting forth a description of the property which was damaged, the interest of the Covered Person and of all others in such property, any encumbrances thereon, the actual cash value of the property at the time of the Accident, the amount and cause of such damage, and a description, including amounts, of all other insurance covering such property. Upon the City's request, the Covered Person shall exhibit the damaged property to the City.

6. Any action required of a Covered Person under this Part Two may, in the event of such person's incapacity, be performed by his or her legal representative, or in the event of such person's death, by his or her legal representative or the person or persons entitled to sue on his or her behalf.

If, before the City makes any payment under this Part Two, the Covered Person or his or her legal representative shall institute any legal action for bodily injury or property damage against any person or organization legally responsible for the use of a motor vehicle involved in the Accident, a copy of the summons and complaint or other process served in connection with the legal action shall be forwarded immediately to the City Attorney or his designee by the Covered Person or his legal representative.

1. In the event a Covered Person receives or is entitled to workers' compensation payments or a workers' compensation settlement or award for bodily injuries resulting from an Accident involving an uninsured or underinsured motor vehicle, the amount of such payments, settlement or award, including any payments made in the future or as consequence of such bodily injury, shall be set off against any amount which the City is obligated to pay the Covered Person pursuant to this Part Two for such bodily injuries.

2. With respect to bodily injury and property damage sustained by a Covered Person, the insurance provided by this Part Two shall apply only as excess insurance over any other valid and collectible insurance of any kind that is applicable to such bodily injury or property damage, including any uninsured or underinsured motor vehicle insurance provided in a policy in which the Covered Person is a named insured or an insured.




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2. If the Covered Person is a minor, to his parent or guardian; or

3. If the Covered Person is deceased, to his or her surviving spouse or, if none, to a person authorized by law to receive such payments; or

4. To a person authorized by law to receive such payment or to a person legally entitled to recover the damages which the payment represents.

In the event of any payment by the City under this Part Two for bodily injury or property damage, the City shall be subrogated to all of the Covered Person's rights of recovery against any person or organization with respect to and up to the amount of such payment. The Covered Person shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights, and shall do nothing to prejudice such rights.

Nothing in this Part Two shall be deemed a waiver of the sovereign, governmental or other immunity of the City or of a Covered Person.

Nothing in this Part Two shall limit the City Council's authority under sections 15.1-19.2 and 15.1-19.2:1 of the Code of Virginia (1950), as amended.

IV. Definitions

For purposes of this Part Two:

A. "Accident" means a collision between a Covered Motor Vehicle and one or more other motor vehicles.

B. "Bodily injury" means any physical injury to the body of a Covered Person, including sickness, disease and death.

C. "Covered Motor Vehicle" means (i) any motor vehicle that is registered with the Virginia Department of Motor Vehicles in the name of the City or that is rented or leased by or on behalf of the City (where the lessor does not provide, as part of the rental or lease contract or otherwise, insurance coverage comparable to that afforded under this Part Two), where the actual use of such registered or leased vehicle is with the permission either of a "City Officer," as defined in Part One of this self-insurance program, or a "City Employee," as defined in clause (i) of Section IV(A) (2) of Part One, who has the authority to provide such permission, and (ii) any other motor vehicle, where the actual use of such vehicle has been approved for mileage reimbursement, or is eligible for such approval, by the City pursuant to Administrative Regulation 7-1 or other applicable City administrative regulations, or, prior to the Accident giving rise to a claim under this Part Two, has been approved in writing by the Covered Person's supervisor.



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D. "Covered Person" means (i) any "Covered Person," as defined in Part One of this self-insurance program, while operating a Covered Motor Vehicle, as defined in clause (i) of Section IV(C)(i) of Part Two, (ii) any "City Officer," other than a member of a City committee, board or commission, as defined in Part One, and any "City Employee, " as defined in clause (i) of Section IV(A) (2) of Part One only, while operating a Covered Motor Vehicle, as defined in clause (ii) of Section IV(C) of Part Two, and (iii) any guest in a Covered Motor Vehicle while being operated by a Covered Person, as defined in clause (i) or (ii) of this Section IV(D).

E. "Hit and Run Vehicle" means a motor vehicle which causes an Accident resulting in bodily injury or property damage being sustained by a Covered Person, where:

1. The identity of either the operator or the owner of such motor vehicle cannot be ascertained; and

2. The Covered Person or someone on his or her behalf shall have reported the Accident within five days or as soon as practicable to the Virginia Commissioner of Motor Vehicles.

G. "Occupying" means in or upon or entering into or alighting from.

H. "Property damage" means the injury or destruction of property owned by a Covered Person and located in Virginia.

I. "Underinsured motor vehicle": a motor vehicle is "underinsured" when, and to the extent that, the total amount of bodily injury and property damage liability coverage applicable to the operation and use of the vehicle and available for payment for such injury or damage is less than the total amount of uninsured motorist insurance coverage afforded any Covered Person injured as a result of an Accident arising from the operation or use of the vehicle.

1. A motor vehicle with respect to the ownership, maintenance or use of which: (i) there are no cash or securities on file with the Virginia Commissioner of Motor Vehicles in at least the amounts specified in the Virginia Motor Vehicle Safety Responsibility Act; (ii) there is not a bodily injury and property damage liability bond or insurance policy in at least the amounts specified in the Virginia Motor Vehicle Safety Responsibility Act, applicable at the time of the Accident, with respect to any person or organization legally responsible for the use of such vehicle; (iii) there is a bodily injury and property damage liability bond or insurance policy in at least the amounts specified in the Virginia Motor Vehicle Safety Responsibility Act, applicable at the time of the Accident, but the company writing the same is or becomes insolvent or denies coverage thereunder; and (iv) there is no owner who has qualified as a self-insurer; or



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V. Limits of Liability

A. Schedule:
Bodily Injury: $100,000 each person,
$100,000 each Accident

Property Damage: $20,000 each Accident

B. Regardless of the number (i) of persons who are Covered Persons under this Part Two , (ii) of Covered Persons who sustain bodily injury or property damage in an Accident involving an uninsured or underinsured motor vehicle, (iii) of claims made or suits brought on account of bodily injury or property damage subject to this Part Two, or (iv) of motor vehicles to which coverage under this Part Two applies, the City's liability under this Part Two is limited as follows.

1. The limit of liability for bodily injury stated in the Schedule as applicable to "each person" is the limit of the City's liability for all damages because of bodily injury sustained by one person as the result of a single Accident, and, subject to this provision respecting "each person," the limit of liability for bodily injury stated in the Schedule as applicable to "each Accident" is the total limit of the City's liability for all damages because of bodily injury sustained by two or more persons as the result of a single Accident.

2. The limit of liability for property damage stated in the Schedule as applicable to "each Accident" is the total limit of the City's liability for all damages because of property damage to all property of one or more Covered Persons as the result of a single Accident.

3. If claim is made under this Part Two, and claim is also made against any person who is covered under the liability coverage of Part One, by a Covered Person as defined in this Part Two because of bodily injury or property damage sustained in an Accident involving an uninsured or underinsured motor vehicle, any payment made under this Part Two to or for any such Covered Person shall be applied in reduction of any amount which such Covered Person may be entitled to recover from any person who is covered under the liability coverage of Part One.

4. Any amount payable under this Part Two because of bodily injury or property damage sustained by a Covered Person under this Part Two in an Accident involving an uninsured or underinsured motor vehicle shall be reduced by all sums paid because of such bodily injury or property damage by or on behalf of the owner or operator of the uninsured motor vehicle or, in the case of an underinsured motor vehicle, all sums paid by or in behalf of the owner or operator of the underinsured vehicle in excess of the limits of liability coverage applicable to the vehicle.

5. Any amount payable under this Part Two because of bodily injury or property damage sustained by a Covered Person under this Part Two in an Accident involving an uninsured or underinsured motor vehicle shall be reduced by all sums paid because of such bodily injury or property damage by or on behalf of any person or organization jointly or severally liable, together with the owner or operator of the uninsured or under-insured motor vehicle, for such bodily injury or property damage, including all sums paid under the liability coverage of Part One.

VI. Coverage Territory

Coverage under this Part Two applies only to Accidents which occur within the United States of America, its territories or possessions, or Canada.


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PART THREE: WORKERS' COMPENSATION PROTECTION

I. General Provisions

This Part Three sets forth the City's entire workers' compensation self-insurance program.

1. "Covered Person" means a City Officer or City Employee, as hereinafter defined in paragraphs 2 and 3, the Alexandria Commonwealth Attorney and the employees of his office, the Alexandria Sheriff, his deputy sheriffs and the employees of his office, the Clerk of the Alexandria Circuit Court and the employees of his office, and any City volunteers who, by ordinance or resolution adopted by the City Council, have been expressly defined as a Covered Person under Part Three of this self-insurance program. A "Covered Person" does not include any volunteers other than those so defined by Council ordinance or resolution.

2. "City Officer" or "Officer" means a member of the City Council, the City Manager, the City Attorney and the City Clerk.

3. "City Employee" or "Employee" means a person, other than a City Officer, who has been appointed as an employee of the City, whether in a full-time or part-time, regular or temporary status, who performs services for the City, who is paid wages or a salary by the City in exchange for the performance of such services, and who is subject to supervision and control as to the manner of performance of services by one or more City officers or their designees.

Workers' Compensation Law means the workers' compensation law and occupational disease law of the Commonwealth of Virginia in Title 65.2 of the Virginia Code, as that law may be amended from time to time, but shall not include any federal workers' or workmen's compensation law, any federal occupational disease law or the provisions of any law that provide non-occupational disability benefits.

State means any state of the United States of America, and the District of Columbia.
II. Workers' Compensation Self-Insurance

The workers' compensation self-insurance provided in this Part Three applies to bodily injury by Accident or bodily injury by disease. Bodily injury includes resulting death. Bodily injury by disease must be caused by the conditions of employment.






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The City will pay promptly when due to any Covered Person the benefits to which the person is entitled under, and which the City is required to pay by, the Workers' Compensation Law.

The City has the right and duty to defend, at its own expense, any claim, proceeding or suit seeking benefits payable under this Part Three. The City has the right to investigate and settle these claims, proceedings or suits.

The City will not pay more than its share of the benefits payable under this Part Three and under any other workers' compensation insurance or self-insurance applicable to the bodily injury of a covered Person. Subject to any limits of liability that may apply, all shares will be equal until the loss is paid. If any insurance or self-insurance is exhausted, the shares of all remaining insurance will be equal until the loss is paid.

The City shall have the rights of any Covered Person entitled to receive benefits under this Part Three to recover all payments it has made to such person under this Part Three from anyone liable for the bodily injury which made the person so entitled. Such a Covered Person will do everything necessary to protect those rights for the City and to help the City enforce them.
1. The City is directly and primarily liable to any Covered Person entitled to the benefits payable under this Part Three.

2. The self-insurance provided by this Part Three conforms to the provisions of the Workers' Compensation Law that apply to:

(b) special taxes, payments into security or other special funds, and assessments payable by the City under that law.

3. Any terms of this Part Three that conflict with the Workers' Compensation Law shall be of no effect and shall be construed to conform to law.

Section 2. That, coincident with the preparation of the City budget, the City Manager shall annually review the adequacy of the amount in the City's Self-Insurance Reserve Fund, and shall submit to the City Council her recommendation with respect to increasing or decreasing that Fund in light of the potential liability exposure of the City under the self-insurance program established by this resolution.

Section 3. That the protection afforded by this resolution and the self-insurance program it establishes shall commence on July 1, 1995, shall apply to all claims and suits covered by the program that are legally pending on such date, and shall continue in force and effect after such date until amended or repealed by resolution of the City Council.


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Section 4. That the City Council reserves the right to amend or repeal the protection afforded by this resolution and the self-insurance program it establishes at any time and for any reason; provided, that such amendment or repeal shall not affect any act committed or done, or any right established, accrued or accruing, before the adoption or effective date, whichever is later, of such amendment or repeal.

Section 5. That nothing in this resolution or the self-insurance program it establishes shall be deemed a waiver of the sovereign, governmental or other immunity of the City or of any city officer or employee.

Section 6. That the City Council affirms the delegation of authority set out in Resolution No. 1329, and again (i) delegates to the City Attorney the authority to settle any claim for monetary relief against any Covered Person, as defined in Part One of the self-insurance program established by this resolution, or the City of Alexandria, or both, whether or not in litigation, up to and including the sum of $10,000, which settlement may include an agreement by the City to undertake minor ancillary actions, and (ii) authorizes the City Attorney to redelegate to the city's risk manager his authority to settle claims for monetary relief against any Covered Person or the City of Alexandria, or both, that are not in litigation up to an amount to be established by the City Attorney from time to time, but not exceeding the sum of $2,500.

Section 7. That the effective date of this resolution shall be July 1, 1995.

42. Consideration of a Resolution Requesting that the Court Services Unit of the Juvenile and Domestic Relations District Court Cooperate with the Police Department by Making Available a List of Juveniles on Probation and by Forwarding All Drug and Alcohol Police Reports, Without the Necessity of a Summons, to the Court for Implementation of "Use and Lose." (Council Member Rich) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 23, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of Judge Rideout's letter dated June 26, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 42; 6/27/95, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated June 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 42; 6/27/95, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, a motion was made by Council Member Rich, seconded by Councilman Cleveland to adopt the proposed resolution; which motion FAILED on a vote of two "ayes" to five "noes." The voting was as follows:

Rich "aye" Donley "no''
Cleveland "aye" Euille "no"
Ticer "no" Pepper "no"
Walker "no"

43. Consideration of Applications and Resolution to the Virginia Department of Housing and Community Development for Funding the State Homeless Housing Assistance Resources (SHARE) Program and approval of SHARE applications from Alexandria non-profit organizations. [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council authorized the City Manager to (1) submit grant applications and the Governing Body Adopted Resolution to the Virginia Department of Housing and Community Development for $50,954 in combined funding from the Shelter Support Grant and Federal Shelter Grant components of the State Homeless Housing Assistance Resources (SHARE) grant program to enhance services of the Alexandria Community Shelter and the Office on Women's Battered Women's Shelter; (2) approved the Certification of Local Approval and the submission of grant applications for Federal Shelter Grant funding by ALIVE!, Arlington-Alexandria Coalition for the Homeless, Catholic Charities/Christ House, Carpenter's Shelter, Carpenter's Lodging, Inc., Friends of Guest House, and The Salvation Army for funds under the State Homeless Housing Assistance Resources (SHARE) programs; and (3) execute all necessary documents that may be required. The voting was as follows:

Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"

The resolution reads as follows:
RESOLUTION NO. 1750

WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development, has issued a Notice of Funding Availability and requested applications under the SHARE Federal Shelter Grant and Shelter Support Grant Programs;

WHEREAS, assistance is needed to effectively and adequately address the shelter/housing needs of homeless persons in the City of Alexandria;

WHEREAS, a SHARE Application for a grant under this Program has been prepared;

WHEREAS, Vola Lawson, City Manager, can act on behalf of the City of Alexandria and will sign all necessary documents required to complete the grant transaction;

WHEREAS, a dollar for dollar match, under the SHARE guidelines, will be provided;





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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alexandria hereby authorizes Vola Lawson, City Manager, to apply for and accept the grant and enter into a Grant Agreement with the Department of Housing and Community Development and perform any and all actions and responsibilities in relation to such agreement.

OTHER

44. Consideration of amendments to the council aide regulations, intended to implement 1995 amendment to city charter, to provide that a council aide may not participate directly or indirectly in any campaign for elective office by the aide's council member, but may participate in such campaigns by other members of council.

(A copy of the City Attorney's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried unanimously, City Council amended the special regulation on council aides to prohibit each aide from participating in any election campaign of the member of council for whom the aide was appointed, and to permit participation in the campaign of any other person for any elective office, in which case council may adopt the amended version of II(E) of the special regulation which is set out in Attachment C of the City Attorney's memorandum dated June 22, 1995. The voting was as follows:

Euille "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

(A copy of the City Manager's memorandum dated June 22, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 6/27/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried unanimously, City Council set its fall retreat on Saturday, October 21, 1995. The voting was as follows:

Walker "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Rich "aye"







50


CONTESTED APPOINTMENTS

(The following person volunteered or was recommended for appointment to the above Commission:)
James Ritter* Alexandria Chamber of Commerce
*Residency Waiver Required

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 46; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed James Ritter as a Member from the Alexandria Chamber of Commerce to the Alexandria Archaeological Commission. The voting was as follows:

Ticer - Ritter
Donley - Ritter
Cleveland - Ritter
Euille - Ritter
Pepper - Ritter
Rich - Ritter
Walker - Ritter



(The following persons volunteered for appointment to the above Board:)

Richard Apley

Christopher Campagna

Carol Hecklinger

William Hendrickson

Tina Hofmann

Arthur Keleher*

Raphael Semmes
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 47; 6/27/95, and is incorporated herewith as part of this record by reference.)
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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Arthur Keleher as a Citizen Member to the Alexandria Board of Architectural Review -- Old and Historic District. The voting was as follows:

Ticer - Keleher
Donley - Campagna
Cleveland - Keleher
Euille - Campagna
Pepper - Keleher
Rich - Keleher
Walker - Keleher



(The following persons volunteered for appointment to the above Committee:)

Corinne Abbott

Lisa Chimento*

Thomas Fulham

Gregory Giammittorio

Scott Hodge

Stephen Kahn

James McIntyre*

Steven Nearman

James Powell

David Reid

Thomas Van Horn

Thomas Walczykowski

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 48; 6/27/95, and is incorporated herewith as part of this record by reference.)







52


Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Lisa Chimento and James McIntyre and appointed David Reid as Citizen Members to the Alexandria Budget and Fiscal Affairs Advisory Committee. The voting was as follows:

Ticer - Chimento, McIntyre, Reid
Donley - Chimento, McIntyre, Reid
Cleveland - Chimento, Giammittorio, McIntyre
Euille - Chimento, McIntyre, Reid
Pepper - Chimento, McIntyre, Reid
Rich - Chimento, McIntyre, Reid
Walker - Chimento, McIntyre, Reid

49. Alexandria Carr/Norfolk Southern Design Review Board
1 Representative from the Alexandria Federation of
Civic Associations

(The following persons volunteered or were recommended for appointment to the above Board:)
Francis Ellen Pickering

Kerry St. Clair* Rod Kuckro, President
Alexandria Federation of Civic
Associations

Jack Sullivan

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 49; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Kerry St. Clair as a Representative from the Alexandria Federation of Civic Associations to the Alexandria Carr/Norfolk Southern Design Review Board. The voting was as follows:

Ticer - St. Clair
Donley - St. Clair
Cleveland - St. Clair
Euille - St. Clair
Pepper - St. Clair
Rich - St. Clair
Walker - St. Clair







53


(The following person volunteered for appointment to the above Committee:)

NAME ENDORSED BY:
Virginia Allen*
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item 50; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed Virginia Allen as a Representative from the Arts with Expertise in Music to the Alexandria-Caen Exchange Committee. The voting was as follows:

Ticer - Allen
Donley - Allen
Cleveland - Allen
Euille - Allen
Pepper - Allen
Rich - Allen
Walker - Allen



(The following persons volunteered for appointment to the above Commission:)

Sharon Ksander

Steven Shulman

Tescia Yonkers


(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 51; 6/27/95, and is incorporated herewith as part of this record by reference.)







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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Steven Shulman as a Member Representing Arts Education or Business Expertise Relative to Arts and Cultural Development to the Alexandria Commission for the Arts. The voting was as follows:

Ticer - Shulman
Donley - Shulman
Cleveland - Shulman
Euille - Shulman
Pepper - Shulman
Rich - Ksander
Walker - Shulman



(The following persons volunteered for appointment to the above Commission:)

Antoine Cobb

Ronald Gunn

Stefanie O'Rourke



(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 52; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Antoine Cobb as a Citizen Member to the Alexandria Commission on Employment. The voting was as follows:

Ticer - Gunn
Donley - Cobb
Cleveland - Cobb
Euille - Cobb
Pepper - Cobb
Rich - Cobb
Walker - Cobb







55


(The following persons volunteered for appointment to the above Board:)

Joseph Belmonte*

Geraldine Doon*

Carol Holmes

Julie Jakopic

Kendra Martin

Kathleen McGinley


(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 53; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Joseph Belmonte and Geraldine Doon and appointed Julie Jakopic, Kendra Martin, and Kathleen McGinley as Citizen Members to the Alexandria Community Services Board. The voting was as follows:

Ticer - Belmonte, Doon, Jakopic, Martin, McGinley
Donley - Belmonte, Doon Jakopic, Martin, McGinley
Cleveland - Belmonte, Doon, Holmes, Martin, McGinley
Euille - Belmonte, Doon, Jakopic, Martin, McGinley
Pepper - Belmonte, Doon, Jakopic, Martin, McGinley
Rich - Belmonte, Doon, Jakopic, Martin, McGinley
Walker - Belmonte, Doon, Holmes, Jakopic, McGinley

(The following persons volunteered or were recommended for appointment to the above Council:)

1 Representative of the Alexandria Medical Society
Who Has Privileges at Alexandria Hospital

James Brayshaw* Alexandria Medical Society
Alexandria's Operational Medical Director
James Vafier*
56

(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 54; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council waived the residency requirement and appointed James Brayshaw as a Representative of the Alexandria Medical Society Who Has Privileges at Alexandria Hospital and waived the residency requirement and appointed James Vafier, Alexandria's Operational Medical Director, to the Alexandria Emergency Medical Services Council. The voting was as follows:

Ticer - Brayshaw, Vafier
Donley - Brayshaw, Vafier
Cleveland - Brayshaw, Vafier
Euille - Brayshaw, Vafier
Pepper - Brayshaw, Vafier
Rich - Brayshaw, Vafier
Walker - Brayshaw, Vafier



(The following persons volunteered for appointment to the above Board:)

Kelly Conner

Scott Diamond

Edmond Newbould*

Raymond Schlicht



(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 55; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Edmond Newbould as a Citizen Member to the Alexandria Law Library Board. The voting was as follows:

Ticer - Newbould
Donley - Schlicht
Cleveland - Newbould
Euille - Newbould
Pepper - Newbould
Rich - Newbould
Walker - Schlicht







57


(The following persons volunteered for appointments to the above Commission:)

Walter Barbash*

Robert Denison*

LynnRene' Garubba

Ruth Kaye*

Bruce Miller

Karen Paul*

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 56; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Walter Barbash, Robert Denison, Ruth Kaye, Karen Paul and appointed Bruce Miller as Citizen Members to the Alexandria Public Records Advisory Commission. The voting was as follows:

Ticer - Barbash, Denison, Garubba, Kaye, Paul
Donley - Barbash, Denison, Kaye, Miller, Paul
Cleveland - Barbash,Denison,Garubba, Kaye, Paul
Euille - Barbash, Denison, Kaye, Miller, Paul
Pepper - Barbash, Denison, Kaye, Miller, Paul
Rich - Barbash, Denison, Kaye, Miller, Paul
Walker - Barbash, Denison, Garubba, Miller, Paul

(The following persons volunteered for appointment to the above Board:)

Sandra Northrop

John Petersen

(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 57; 6/27/95, and is incorporated herewith as part of this record by reference.)







58


Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed John Petersen as a Citizen Member to the Alexandria Social Services Advisory Board. The voting was as follows:

Ticer - Petersen
Donley - Northrop
Cleveland - Petersen
Euille - Petersen
Pepper - Petersen
Rich - Petersen
Walker - Petersen

(The following persons volunteered or were recommended for appointment to the above Committee:)

NAME ENDORSED BY:
1 Representative from the Alexandria
Chamber of Commerce
James Boatner* Alexandria Chamber of Commerce
1 Citizen Representative Who Resides East of
Washington Street and South of King Street

Dorothy Gauthier*

Elliottee Dean Lands


(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 58; 6/27/95, and is incorporated herewith as part of this record by reference.)

Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council waived the residency requirement and reappointed James Boatner as a Representative from the Alexandria Chamber of Commerce, and reappointed Dorothy Gauthier as a Citizen Representative Who Resides East of Washington Street and South of King Street to the Alexandria Waterfront Committee. The voting was as follows:

Ticer - Boatner, Gauthier
Donley - Boatner, Gauthier
Cleveland - Boatner, Gauthier
Euille - Boatner, Gauthier
Pepper - Boatner, Gauthier
Rich - Boatner, Gauthier
Walker - Boatner, Gauthier





59


EXECUTIVE SESSION

59. Convening of an Executive Session for the Purpose of Consulting with Legal Counsel Pertaining to Pending Litigation Involving the City, Pursuant to Virginia Code 2.1-344(a)(7).

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, at 12:55 a.m., City Council convened an Executive Session at the close of this meeting for the purpose of consulting with legal counsel pertaining to the following pending litigation involving the City, also pursuant to Virginia Code 2. 1-344(A)(7): Landmark Acquisition v. City, a case pending in the Circuit Court for the City of Alexandria, which involves a challenge to the real estate tax assessments, for tax years 1993 and 1994, on the property at 200 Yoakum Parkway and 225 Whiting Street, and Presidential Gardens Partnership v. City, a case pending in the Circuit Court for the City of Alexandria, which involves a challenge to the real estate tax assessments, for tax years 1990 through 1993, on the Presidential Greens apartment complex located along Russell Road and Executive Avenue. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

New Business Item No. 3: THEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on vote of 6-to-0, at 1:10 a.m., the meeting was reconvened. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker "aye"

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Euille and Council Member Walker and carried on a vote of 6-to-0, City Council authorized the City Attorney to settle the suits identified in the motion to convene this evening's executive session, in accordance with the terms and conditions recommended by the City Attorney in the Executive Session. The voting was as follows:

Donley "aye" Ticer "aye"
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Rich out of room

New Business Item No. 4: THEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich out of room
Walker "aye"

The resolution reads as follows:







60

RESOLUTION NO. 1751

WHEREAS, the Alexandria City Council has this 27th day of June, 1995, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2 .1-344. 1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive session.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, the Regular Meeting of Tuesday, June 27, 1995, was adjourned at 1:12 a.m., Wednesday, June 28, 1995. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"


APPROVED BY:


________________________________
PATRICIA S. TICER MAYOR





ATTEST:


____________________________
Beverly I. Jett, CMC City Clerk







61







This docket is subject to change.

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