Back to FY Dockets


Special Public Hearing Meeting
Saturday, March 23, 1996 - - 9:30 am

* * * * *

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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mr. Brannan, Assistant City Manager; Ms. Hansen, Deputy Director of Housing; Mr. Sanderson, Director of Real Estate Assessments; Mr. Radauskas, Director of Code Enforcement; Ms. Boyd, Director of Citizen Assistance; Mr. Caton, Legislative Director; Ms. Fayne, Special Assistant to the City Manager; Mr. Steindler, Director of Human Rights; Mr. Skrabak, Manager of Environmental Quality; Ms.Johnson, Division Chief, Planning and Zoning; Ms.Wilcox and Mr. Tate, Urban Planners, Planning and Zoning; Fire Chief Hawkins; and Lieutenant Kaluta, Police Department.

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



OPENING

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

(It was noted that a Notice of this Special Meeting had been previously served upon each Member of Council pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)

(a) Jack Sullivan, 4300 Ivanhoe Place, representing No Gridlock!, spoke to a number of items relating to access to the George Washington Parkway with respect to the development of Potomac Yard/Potomac Greens.

Staff will fully study the supplemental EIS and give it due scrutiny.

(A copy of the materials submitted by Mr. Sullivan is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2; 3/23/96, and is incorporated herewith as part of this record by reference.)


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3-13)
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item No. 3 from the Consent Calendar.

4. TEXT AMENDMENT #96-04 -- CLUSTER REGULATIONS -- Public Hearing and Consideration of a text amendment to Section 11-603(G) (Cluster residential development; Area requirements) of the Zoning Ordinance to allow perimeter yards to be modified as part of the cluster approval process. Staff: Department of Planning and Zoning.

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 4; 3/23/96, and is incorporated herewith as part of this record by reference.)

5. SUP #95-0146 -- 3856 MOUNT VERNON AVENUE -- LA FERIA DEL PESCADO-- Public Hearing and Consideration of a review of a special use permit for a carry-out restaurant within a grocery store; zoned CL/Commercial Low. Applicant: Julio C. Irazabal.
COMMISSION ACTION: Recommend Approval 4-0
(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/23/96, and is incorporated herewith as part of this record by reference.)

6. SUP #95-0193 -- 34 SOUTH REYNOLDS STREET -- ANTONIO'S
RESTAURANT -- Public Hearing and Consideration of a request for special use permit for extension of time to construct improvements previously approved by special use permit to operate a restaurant, request for a roofed patio area, and permission to remove the condition requiring trash containers in the parking area; zoned CG/Commercial General. Applicant: DGF Restaurant Group, Inc., by Dimitri Alexis.
COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/23/96, and is incorporated herewith as part of this record by reference.)

7. SUP #95-0214 -- 3207 COLVIN STREET -- JOE HADEED CARPET -- Public Hearing and Consideration of a review of a special use permit for trailers for storage use; zoned I/Industrial. Applicant: Sales and Service, Inc., t/a Joe Hadeed Carpet, by R.C. Fields, Jr., Engineer.
COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 3/23/96, and is incorporated herewith as part of this record by reference.)






2


8. SUP #96-0001 -- 4928-A EISENHOWER AVENUE -- Public Hearing and Consideration of a request for a special use permit for a light repair garage; zoned OCM-100/Office Commercial Medium. Applicant: Randy Johnson and Joe Hurst.
COMMISSION ACTION: Recommend approval 4-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 8; 3/23/96, and is incorporated herewith as part of this record by reference.)

9. SUP #96-0009 -- 1400 DUKE STREET -- Public Hearing and Consideration of a review of a special use permit for a commercial (technical) school, with reduction of required off-street parking; zoned OCM-50/Office Commercial Medium. Applicant: TESST Electronics and Computer Institute, by R. Wayne Moore.
COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 9; 3/23/96, and is incorporated herewith as part of this record by reference.)

10. SUP #96-0010 -- 3600 JEFFERSON DAVIS HIGHWAY -- Public Hearing and Consideration of a review of a special use permit for an automobile sales business; zoned OC/Office Commercial. Applicant: Bijan's Auto Sales.
COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 10; 3/23/96, and is incorporated herewith as part of this record by reference.)

11. SUP #96-0011 -- 642 SOUTH PICKETT STREET -- NICK'S RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned I/Industrial. Applicant: NMC, Ltd., d/b/a Nick's Restaurant.

COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 11; 3/23/96, and is incorporated herewith as part of this record by reference.)

12. SUP #96-0015 -- 2121 EISENHOWER AVENUE -- EISENHOWER CENTER --Public Hearing and consideration of a special use permit, with site plan, for a public parking garage; zoned OCM-100/Office Commercial Medium. Applicant: Simpson Development Company, Inc., by Donald F. Simpson, Sr.
COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/23/96, and is incorporated herewith as part of this record by reference.)







3


13. SUP #96-0002 -- 1310 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit for a commercial school (yoga) and request for reduction of required off-street parking; zoned CL/Commercial Low. Applicant: Yoga In Daily Life, Inc., by Swami Rameshwarananda.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/23/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the consent calendar as presented, with the exception of Docket Item No. 3 which was considered under separate motion. The Planning Commission recommendations are as follows:

4. City Council approved the recommendation of the Planning Commission and approved the text amendment.

5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

13. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

END OF ACTION CONSENT CALENDAR
The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Walker "aye"


4


3. CITY CHARTER SECTION 9.06 -- CASE #96-01 -- Public Hearing and Consideration of amendments to the Office of Housing's Blighting Influences Program including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the property located at 110 East Spring Street. Staff: Office of Housing.
COMMISSION ACTION: Recommend Approval 4-0

(A copy of the Planning Commission report dated March 5, 1996, together with the City Manager's memorandum dated February 13, 1996, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 3; 3/23/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. City Council (1) approved the addition and deletion of the properties listed on pages 2 and 3 of the City Manager's memorandum, to the currently approved list of Blighting Influences in the Potomac East Conservation District and the Potomac West Neighborhood Strategy Area (NSA); (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment the Potomac West property to be added to the List; and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

14. Consideration of Designation of Preferred Candidate Build Alternative for the Woodrow Wilson Bridge. (#2 3/13/96) [THIS IS NOT A PUBLIC HEARING ITEM.]

(A copy of the City Manager's memorandum dated March 21, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/23/96, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 14; 3/23/96, and is incorporated herewith as part of this record by reference.)
5


(General Discussion. Members of City Council,Transportation and Environmental Services Director O'Kane, Woodrow Wilson Bridge Coordinating Committee representative Keever, and City Manager Lawson participated in the discussion.

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried on a unanimous ROLL-CALL vote, City Council approved the recommendation of the City Manager, as amended, and (1) endorsed a ten-lane all-tunnel (Alternative 2) as the preferred alternative for the Woodrow Wilson Bridge replacement, and that such an option, a ten-lane tunnel, shall consider state-of-the-art construction alternatives in a cost-efficient manner; (2) adopted, as amended, the following list of conditions which need to be included in the federal project budget: (a) that the Federal Highway Administration (FHWA), Virginia, and Maryland move forward by allocating funds to begin preliminary location and design work on a new southern river crossing 10 to 15 miles down river and that the new Woodrow Wilson Bridge/Tunnel Authority be tasked to pursue a new crossing with the states and the FHWA; (b) that transit and HOV facilities will be provided in the corridor in the form of express buses on "diamond" lanes with HOV's permitted, and the transit lanes will be designed to accommodate some form of light rail vehicles in the future as demand develops; (c) that direct access will be provided from the Beltway to the east end of Eisenhower Valley; (d) that modifications to the Telegraph Road/Beltway interchange be made without displacement of any businesses in the area of the interchange and with direct access to Eisenhower Avenue at Stovall Street; (e) that if toll facilities are required that they be located on the Maryland side where adequate land is available; (f) that the short- and long-term impacts on Jones Point Park be minimized and that the improvements and restoration be coordinated with the City in accordance with the goals set forth by the City's Parks and Recreation Commission at their November 30, 1995 workshop; (g) that the existing 200+ parking spaces that the City operates at Jones Point Park be maintained throughout the construction period and replaced at the conclusion of the project; (h) that there be a firm commitment from the FHWA of project funds to implement the entire redevelopment and replacement housing plan; (i) that the development above the roadway be maximized for housing, open space, active recreational areas, and/or additional parking; (j) that the U.S. Route 1/Beltway interchange be designed to enhance access from U.S. Route 1 to reduce congestion in the corridor and to minimize the visual and noise impacts on adjacent residential properties; (k) that the final design for the waterfront area include a riverfront promenade and reconstruction of the sea wall; (1) that the FHWA will satisfy all the requirements of the National Historic Preservation Act and include the City as a signatory of the memorandum of agreement, and; (m) that the Church Street access ramp from the Beltway to the George Washington Memorial Parkway be eliminated, with the addition of the following conditions: (n) that we insure that the visual impact is minimized and that air scrubbers are included in the design; and (o) that we make some effort to encourage river traffic through dredging; (3) adopted the resolution, as amended, supporting these positions, and amended the resolution by adding the amended language now included in Section 1 of the City Manager's recommendation to the first "Resolved Clause" of the resolution, added the amended conditions (n) and (o) to the resolution as (14) and (15) respectively, and added the following clause: BE IT FINALLY RESOLVED, that this resolution supersedes Resolution No. 1559, which was adopted October 22, 1991, and said resolution is hereby repealed; and (4) authorized the Mayor to forward a letter to the Federal Highway
6


Administration (FHWA) outlining the City's position on the project and itemizing the issues that must be addressed to mitigate impacts on the City. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1779
WHEREAS, in January 1996, the Federal Highway Administration (FHWA) released a supplemental Draft Environmental Impact Statement (DEIS), known as the Woodrow Wilson Bridge Improvement Study; and

WHEREAS, the supplemental DEIS presented six candidate build alternatives for this crossing; and

WHEREAS, the States of Virginia and Maryland conducted public hearings on the DEIS on February 22 and 24, respectively; and

WHEREAS, the Alexandria City Council conducted a public hearing on the DEIS on March 13; and

WHEREAS, the supplemental DEIS identified a number of negative impacts on the City of Alexandria associated with the six candidate build alternatives including:

WHEREAS, the Woodrow Wilson Bridge is a vital link in the regional transportation network and in the interstate highway system, and it has been projected to have less than ten years of remaining useful life; and

WHEREAS, the Woodrow Wilson Bridge is desperately in need of safety improvements to reduce the traffic impacts on the City of Alexandria caused by incidents on the bridge; and

WHEREAS, the Woodrow Wilson Bridge Coordinating Committee will transmit to the Secretary of the United States Department of Transportation, their position on the preferred candidate build alternative in anticipation that the Secretary will make a decision in the Fall of 1996; and

WHEREAS, the Coordinating Committee has requested input to their decision for a preferred alternative.

NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council endorses a ten lane all-tunnel option (Alternative 2) as the preferred alternative for the Woodrow Wilson Bridge replacement, because this option best addresses the many negative impacts of bridge replacement and provides a long term solution to this important regional transportation issue, and that such an option, a ten-lane tunnel, shall consider state-of-the-art construction alternatives in a cost-efficient manner; and

BE IT FURTHER RESOLVED, that the City Council urges that the following list of conditions be met and included in the project cost:

7


(1) That the FHWA, Virginia, and Maryland move forward by allocating funds to begin preliminary location and design work on a new southern river crossing 10 to 15 miles down river and that the new Woodrow Wilson Bridge/Tunnel Authority be tasked to pursue a new crossing with the states and the FHWA;

(2) that transit and HOV facilities will be provided in the corridor in the form of express buses on "diamond" lanes with HOV's permitted, and the transit lanes will be designed to accommodate some form of light rail vehicles in the future as demand develops;

(3) that direct access will be provided from the Beltway to the east end of Eisenhower Valley;

(4) that modifications to the Telegraph Road/Beltway interchange be made without displacement of any businesses in the area of the interchange and with direct access to Eisenhower Avenue at Stovall Street;

(5) that if toll facilities are required that they be located on the Maryland side where adequate land is available;

(6) that the short and long-term impacts on the Jones Point Park be minimized and that the improvements and restoration be coordinated with the City in accordance with the goals set forth by the City's Parks and Recreation Commission at their November 30, 1995 workshop;

(7) that the existing 200+ parking spaces that the City operates at Jones Point Park be maintained throughout the construction period and replaced at the conclusion of the project;

(8) that there be a firm commitment from the FHWA of project funds to implement the entire redevelopment and replacement housing plan;

(9) that the development above the roadway be maximized for housing, open space, active recreational areas, and/or additional parking;

(10) that the U.S. Route 1/Beltway interchange should be designed to enhance access from U.S. Route 1 to reduce congestion in the corridor and to minimize the visual and noise impacts on adjacent residential properties;

(11) that the final design for the waterfront area should include a riverfront promenade and reconstruction of the sea wall;

(12) that the FHWA will satisfy all the requirements of the National Historic Preservation Act and include the City as a signatory of the memorandum of agreement; and

(13) that the Church Street access ramp from the Beltway to the George Washington Memorial Parkway be eliminated; and

(14) that we insure that the visual impact is minimized and that air scrubbers are included in the design; and

(15) that we make some effort to encourage river traffic through dredging.

BE IT FURTHER RESOLVED, that the Alexandria City Council authorizes the Mayor to communicate the City's position to the FHWA, the State of Maryland, the District of Columbia, the Commonwealth of Virginia, the County of Fairfax, and our Congressional and General Assembly delegations.

BE IT FINALLY RESOLVED, that this resolution supersedes Resolution No. 1559, which was adopted October 22, 1991, and said resolution is hereby repealed.


8


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
15. SUP #96-0014 -- 220 SOUTH UNION STREET -- VILLAGE ON THE STRAND -- Public Hearing and Consideration of a request for extension of a special use permit, with site plan, for a residential condominium building, with first floor retail and personal service use, and with an increase in floor area and increase in building height; zoned W-1/Waterfront Mixed Use. Applicant: Strand Development LLC, by Donald F. Simpson, Sr.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/23/96, 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 approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

16. CITY CODE AMENDMENTS -- ENCROACHMENTS -- Public Hearing and Consideration of an amendment to the City Code to add provisions (Section 5-2-29) regarding encroachments into the public right-of-way. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 16; 3/23/96, 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 Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the amendment. The voting was as follows:

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

9

17. STUDY #96-01 -- FENCES IN FRONT YARDS -- Public Hearing and Consideration of a study of possible changes to the regulation of fences in second front yards on corner properties. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 6-0-1

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 17; 3/23/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the concept of changing the rules for fences with an administrative approval of the process. The voting was as follows:

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

18. SUP #95-0210 -- 105 SOUTH UNION STREET -- Public Hearing and Consideration of a request for a special use permit for an amusement enterprise (fortune telling); zoned CD/Commercial Downtown. Applicant: Palmistry, Eda Megel, by John T. Donelan, attorney.
COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No.18; 3/23/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland to uphold the decision of the Planning Commission and deny this request resulted in a tie vote. The voting was as follows:
10


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

THEREUPON, upon motion by Council Member Walker, seconded by Councilman Euille to overturn the Planning Commission and approve this request; which motion FAILED on a vote of 3-to-3. The application was denied because it required four votes of Council to approve. The voting was as follows:

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

19. Public Hearing and Consideration of an Appeal of the Certification by the Director of Planning and Zoning that the Final Development Plan for Special Use Permit #95-0142, Mark Winkler Company, 1899 North Beauregard Street, complies with all prior approvals under Section 5-600 of the Alexandria Zoning Ordinance and all other application provisions of law.

(A copy of the City Manager' s memorandum dated March 15, 1996, together with the appeal, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 19; 3/23/96, and is incorporated herewith as part of this record by reference.

A copy of the working copy of the final plan is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 3/23/96, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 19; 3/23/96, and is incorporated herewith as part of this record by reference.)
11


Council Member Rich stated that this is a serious allegation and requested the City Manager to investigate it.

City Manager Lawson stated that she knew nothing of the alleged call; however, she will look into the allegation.

Howard Middleton, attorney for the Winkler Company, stated that no one with the Winkler Company was involved with this telephone call.

Ellen Pickering, 103 Roberts Lane, representing Friends of the Winkler Botanical Preserve Forest, spoke in support;

Linda Dort, 442 North Armistead Street, #202 representing Mayflower Square (Sections I, II, and III) Condominiums, spoke in support;

Julie Crenshaw, 816 Queen Street, representing the Sierra Club, Friends of Winkler Botanical Preserve Forest, spoke in support;

Karen Mitsoff, 3224 Gunston Road, speaking for Edward Mainland, spoke in support;

Christina C. Forbes, 108 Commerce Street, spoke against the appeal and in support of upholding the Planning and Zoning Director's certification; a copy of Ms. Forbes' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Tom Tyler, 1428 Woodbine Street, spoke against the appeal;

R. Christian Jones, 3517 Queen Anne Drive, Fairfax, VA, spoke in support of the appeal;

Ben Brenman, 4600 Duke Street, #1609, spoke against the appeal;

John Hines, 3019 Mosby Street, spoke in support of the appeal;

Arum Krishmaswamy, 5433 Sheffield Court, #252, spoke in support the appeal;

Evan Vallianatos, 5336 Thayer Avenue, spoke in support of the appeal;

Patricia Dodge Stewart, 440 North Armistead Street, #202, representing Mayflower Square III, spoke in support of the appeal;

Katy Cannady, 1103 Dartmouth Road, spoke in support of preservation of trees; and

Howard Middleton, 510 King Street, attorney representing the Mark Winkler Company, spoke against the appeal and explained the planning process.

Andrew Macdonald gave remarks for rebuttal.

(Members of City Council made comments.)



12

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council denied the appeal and upheld the certification of the Director of Planning and Zoning relative to the site plan. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

20. Public Hearing. Second Reading and Final Passage of AN ORDINANCE (a) to make most violations of the Volume II (maintenance) of the Virginia Uniform Statewide Building Code enforceable by civil penalties, (b) to make violations of the city's regulations governing inoperable motor vehicles enforceable by civil penalties, and (c) to transfer responsibility for enforcing the provisions of the city code governing the excessive growth of weeds, bushes and other vegetation on private property from the department of transportation and environmental services to the bureau of code enforcement, and to make violations of these provisions enforceable by civil penalties. (#17 3/12/96) [ROLL-CALL VOTE]

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

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3849

AN ORDINANCE to: (1) amend Article D (INOPERABLE MOTOR VEHICLES) of Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES), by adding a new Section 5-8-65 (CIVIL VIOLATION AND PENALTY); (2) to amend and reordain Section 5-9-4 (SAME--NOTICE TO OWNER TO CUT), Section 5-9-5 (SAME--CUTTING BY CITY; BILLING AND COLLECTION OF CHARGES; UNPAID BILL A LIEN) and Section 5-9-6 (SAME--FAILURE TO CUT WEEDS WITHIN 12 FEET OF AN OWNER'S FRONT PROPERTY LINE), of Chapter 9 (WEED CONTROL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES); (3) to amend Article A (GENERAL PROVISIONS) by adding a new Section 8-1-6 (VIOLATIONS AND PENALTIES), to amend Article B (MISCELLANEOUS CONDITIONS OF PERMITS) by adding a new Section 8-1-30 (VIOLATIONS AND PENALTIES), to amend Article C (CERTIFICATION REQUIRED TO DO CERTAIN BUSINESS OR WORK; BOARD OF EXAMINERS; FEES; SUSPENSION OR REVOCATION OF CERTIFICATES; AND BONDS) by adding a new Section 8-1-56 (VIOLATIONS AND PENALTIES), to amend Article D (REMEDIES, PENALTIES AND APPEALS) by revising the title thereof, by amending and reordaining Section 8-1-71 (FAILURE OF OWNER TO ACT; ACTION BY CITY; COSTS TO BE LIEN ON PROPERTY), by repealing Section 8-1-73 (VIOLATIONS AND PENALTIES) and by amending and reordaining Section 8-1-74 (BOARD OF BUILDING CODE APPEALS) and Section 8-1-75 (APPEAL AND JUDICIAL REVIEW), to amend Article E (SMOKE DETECTORS) by adding a new Section 8-1-86 (VIOLATIONS AND PENALTIES), and to amend Article F by amending and reordaining Section 8-1-98 (ENFORCEMENT BY INJUNCTION) of Article F; all of Chapter 1
13


(BUILDING CODE), Title 8 (BUILDING CODE REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 1. That Chapter 8 of Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 5-8-65, to read as follows:

Sec. 5-8-65 Civil violation and penalty.

A person receiving a notice under section 5-8-64(a) which describes the conditions of a motor vehicle that render the vehicle inoperable shall remove or otherwise remedy the conditions within the time period set out in the notice, and failure to do so shall constitute a violation of this section. Said violation shall be a class four civil violation which shall be enforced through the levying of a civil penalty pursuant to section 1-1-11 of this code; provided, that the penalty for a person's first violation of this section occurring in any six-month period shall be $100, for a person's second violation occurring in any six-month period shall be $250, and for each additional violation by a person occurring in any six-month period shall be $500.

Section 2. That Sections 5-9-4, 5-9-5 and 5-9-6 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, amended and reordained to read as follows:

Sec. 5-9-4 Same--notice to owner to cut.

The director of the bureau of code enforcement or his duly authorized agent may give notice in writing to the owner of land in the city upon which there are weeds in excess of 12 inches in height that such weeds must be cut within 10 days from the receipt of the notice or the city will cut the weeds, bill the owner for the costs and collect the costs like taxes in the event of nonpayment by the owner. Mailing to the last known post office address shall constitute sufficient service upon owners who cannot be found after a reasonably diligent search or who are nonresidents.

Sec. 5-9-5 Same--cutting by city; billing and collection of charges; unpaid bill a lien.

Whenever the owner of real property refuses, neglects or fails to cut weeds after being notified in the manner prescribed by section 5-9-4, the weeds may be cut by the city. The expense thereof shall be forthwith computed, and a bill for such expense shall be prepared by the department of finance and mailed to the owner at his last known post office address within a reasonable time after the cutting. In the event the city does not receive payment of the bill within 30 days after mailing, the director of finance shall proceed to collect the expense and may do so in the same manner as city taxes are collected. Every expense with which the owner of any real property shall have been assessed and which remains unpaid shall constitute a lien against the owner's property.

Sec. 5-9-6 Same--failure to cut weeds after receipt of notice.

An owner of real property who has received written notice in the manner prescribed by section 5-9-4 that weeds on the owner's property, or along public sidewalks or curblines and within 12 feet of the owner's front property line, are in excess of 12 inches shall cut all such weeds within the time period set out in the notice, and the failure to do so shall constitute a violation of this section. Said violation shall be a class four civil violation which shall be enforced through the levying of a civil penalty pursuant to section 1-1-11 of this code; provided, that the penalty for the first violation
14


occurring in any six-month period shall be $100, for a second violation occurring in any six-month period the penalty shall be $250, and for each additional violation occurring in any six-month period the penalty shall be $500.

Section 3. That Chapter 1 of Title 8 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 8-1-6, to read as follows:

Sec. 8-1-6 Violations and penalties.

(a) Criminal violations. A violation (i) of any section of, or provision in, Volume I of the Virginia Uniform Statewide Building Code ("USBC"), incorporated into this chapter by section 8-1-2, or (ii) of section 105.1 (general), 105.6 (authority to vacate building), 108.2.1 (fire sprinkler system), 108.2.2 (single and multiple station smoke detector), 108.3.1 (automatic sprinkler system), 108.3.2 (fire protective signaling system), 108.3.3 (fire detection system), 108.4.1 (fire protective signaling system and fire detection system), 108.4.2 (single and multiple station smoke detectors) or 604.3 (electrical systems) of Volume II of the USBC, also incorporated into this chapter by section 8-1-2, or (iii) of section 8-1-5, all of which are violations of this chapter, shall be a misdemeanor, and any person found guilty of any such violation shall, upon conviction, be punished by a fine of not more than $2,500; provided, that a person convicted of a second violation committed within five years following a conviction for a violation of this chapter shall be punished by a fine of not less than $1,000 nor more than $2,500, that a person convicted of a second violation committed more than five but less than 10 years following a conviction for a violation of this chapter shall be punished by a fine of not less than $500 nor more than $2,500, and that a person convicted of a third or additional violation committed within 10 years following a conviction for a violation of this chapter shall be punished by a fine of not less than $1,500 nor more $2,500; and provided further, that the provisions in the foregoing proviso requiring a minimum fine shall apply only to convictions for violations which cause a building or structure to be unsafe or unfit for human habitation.

(b) Civil violations. A violation of any section or provision of Volume II of the USBC not specifically set out in subsection (a), shall be a civil violation that shall be enforced through the levying of a civil penalty, pursuant to section 1-1-11 of this code, of $100 for a person's first violation and of $150 for each subsequent violation of the same section or provision. Each day during which a violation exists shall constitute a separate violation. However, a series of violations arising from the same operative set of facts shall not give rise to the levying of a civil penalty more frequently than once in any 10-day period, and shall not result in civil penalties exceeding a total of $3,000. Any Volume II section or provision whose violation is hereby designated a civil violation shall not be penalized by a criminal sanction and, except for any violation resulting in injury to persons, may not give rise to criminal prosecution.

(c) Injunctive relief. A violation of any section or provision of the USBC, incorporated into this chapter by section 8-1-2, or of section 8-1-5 may, in addition to and notwithstanding the penalty provided for in subsection (a) or (b), be restrained, prohibited or enjoined by appropriate proceedings in a court of competent jurisdiction.

Section 4. That Chapter 1 of Title 8 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 8-1-30, to read as follows:


15


Sec. 8-1-30 Violations and penalties.

(a) A violation of any section or provision of this article shall be a misdemeanor, and any person found guilty of any such violation shall, upon conviction, be punished by a fine of not more than $500. Each day a violation of any section or provision of this article continues shall be deemed a separate violation. Notwithstanding the foregoing, if the violation of a section or provision of this article is also a violation of a section or provision of article A of this chapter, then section 8-1-6 shall apply to the violation in lieu of this section.

(b) A violation of any section or provision of this article may, in addition to and notwithstanding the penalty provided for in subsection (a), be restrained, prohibited or enjoined by appropriate proceedings in a court of competent jurisdiction.

(c) Notwithstanding the provisions of subsection (a) and (b), any action or omission constituting a violation of a section or provision of this article which also constitutes a violation of a section or provision of article A shall only be subject to the penalties in section 8-1-6.

Section 5. That Chapter 1 of Title 8 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 8-1-56, to read as follows:

Sec. 8-1-56 Violations and penalties.

(a) A violation of any section or provision of this article shall be a misdemeanor, and any person found guilty of any such violation shall, upon conviction, be punished by a fine of not more than $500. Each day a violation of any section or provision of this article continues shall be deemed a separate violation. Notwithstanding the foregoing, if the violation of a section or provision of this article is also a violation of a section or provision of article A of this chapter, then section 8-1-6 shall apply to the violation in lieu of this section.

(b) A violation of any section or provision of this article may, in addition to and notwithstanding the penalty provided for in subsection (a), be restrained, prohibited or enjoined by appropriate proceedings in a court of competent jurisdiction.

Section 6. That Chapter 1 of Title 8 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by amending the title of Article D to read as follows:
Remedies and Appeals

Section 7. That Sections 8-1-71, 8-1-74 and 8-1-75 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, amended and reordained as follows:

Sec. 8-1-71 Failure of owner to act; action by city; costs to be lien on property.

(a) If any owner, agent of the owner or person in control of a building which is found by the code official or the building official to be unsafe under the Uniform Statewide Building Code fails or refuses timely to comply with any notice delivered, mailed or posted as provided by law, or if either official deems it necessary, without providing notice, to take such emergency measures as are set forth in the Uniform Statewide Building Code, including the demolition of a building, the appropriate official is authorized in his discretion to utilize city employees and agents to take all actions necessary to carry out the requirements set forth in the notice which have not been complied
16


with or, in the case of an emergency, to undertake the emergency measures deemed necessary to protect the public's health and safety.

(b) The department of finance shall cause all costs incurred by the city in undertaking actions pursuant to subsection (a) to be paid upon the certification of the code or building official. Such city costs shall be charged to and paid by the owner of the affected property and may be collected by the city as taxes and levies are collected. In no case shall the charges be less than $100. All city costs hereby authorized with which the property owner has been charged and which, after a reasonable time, remain unpaid shall constitute a lien against such property. The lien shall continue until actual payment of the charges, plus legal interest and a penalty of 10 percent, has been made to the city.

Sec. 8-1-74 Board of building code appeals.

There is hereby created within the bureau of code enforcement a board of appeals to be known as the Alexandria Board of Building Code Appeals. The membership of the board shall be appointed by the city council in accordance with the Uniform Statewide Building Code for the purposes therein set forth and for such other purposes as are set forth in this chapter.

Sec. 8-1-75 Appeal and judicial review.

The owner of any building or structure, the owner's agent and any other person involved in the design or construction of a building or structure may appeal any decision made or action taken by the building official under Volume I of the Uniform Statewide Building Code, and the owner of any building or structure and the owner's agent may appeal any decision made or action taken by the code official under Volume II of the Uniform Statewide Building Code, to the Alexandria Board of Building Code Appeals. The time in which such appeals shall be filed and the proceedings thereafter shall be in accordance with the provisions of the Uniform Statewide Building Code.

Section 8. That Section 8-1-73 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, repealed.

Section 9. That Chapter 1 of Title 8 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 8-1-86, to read as follows:

Sec. 8-1-86 Violations and penalties.

(a) A violation of any section or provision of this article shall be a civil violation that shall be enforced through the levying of a civil penalty, pursuant to section 1-1-11 of this code, of $100 for a person's first violation and of $150 for each subsequent violation of the same section or provision. Each day during which a violation exists shall constitute a separate violation. However, a series of violations arising from the same operative set of facts shall not give rise to the levying of a civil penalty more frequently than once in any 10-day period, and shall not result in civil penalties exceeding a total of $3,000.

(b) A violation of any section or provision of this article may, in addition to and notwithstanding the penalty provided for in subsection (a), be restrained, prohibited or enjoined by appropriate proceedings in a court of competent jurisdiction.

Section 10. That Section 8-1-98 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:

17


Sec. 8-1-98 Violations and penalties.

(a) A violation of any section or provision of this article shall be a civil violation, which shall be enforced through the levying of a civil penalty pursuant to section 1-1-11 of this code, of $100 for a person's first violation and of $150 for each subsequent violation of the same section or provision. Each day during which a violation exists shall constitute a separate violation. However, a series of violations arising from the same operative set of facts shall not give rise to the levying of a civil penalty more frequently than once in any 10-day period, and shall not result in civil penalties exceeding a total of $3,000. Notwithstanding the foregoing, if the violation of a section or provision of this article is also a violation of a section or provision of article A of this chapter, then section 8-1-6 shall apply to the violation in lieu of this section.

(b) A violation of any section or provision of this article may, in addition to and notwithstanding the penalty provided for in subsection (a), be restrained, prohibited or enjoined by appropriate proceedings in a court of competent jurisdiction.

Section 11. That Chapters 8 and 9 of Title 5 and Chapter 1 of Title 8 of The Code of the City of Alexandria, Virginia, 1981, as amended, as amended by this ordinance, including specifically section 8-1-2 and its incorporation of the current Uniform Statewide Building Code, be, and the same hereby are, reordained as part of The Code of the City of Alexandria.

Section 12. That this ordinance shall become effective on May 1, 1996, and shall not apply to any actions, conduct, events, transactions or occurrences taking place, or to any notices issued or proceedings initiated by officials or employees of the City of Alexandria under the Uniform Statewide Building Code or The Code of the City of Alexandria, prior to May 1, 1996.

Introduction: 3/12/96
First Reading: 3/12/96
Publication: 3/13/96; 3/14/96
Public Hearing: 3/23/96
Second Reading: 3/23/96
Final Passage: 3/23/96



21. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the city's human rights ordinance to (a) to make violations of the ordinance's non-discrimination provisions enforceable by civil penalties, (b) to authorize the human rights commission, following a finding in a case properly before it that a complainant has have been unlawfully discriminated against, and with the approval of city council, to file and pursue a civil action in the circuit court for the purpose of seeking relief to compensate the complainant for the injuries incurred as a result of the unlawful discrimination, and (c) to clarify various provisions of the ordinance. (#18 3/12/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 3/23/96, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 21; 3/23/96, and is incorporated herewith as part of this record by reference.)


18


WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3850

AN ORDINANCE to amend and reordain Section 12-4-2 (FINDINGS OF FACT AND DECLARATION OF POLICY), Section 12-4-3 (DEFINITIONS), Section 12-4-4 (UNLAWFUL HOUSING PRACTICES), Section 12-4-5 (UNLAWFUL EMPLOYMENT PRACTICES), Section 12-4-12 (HUMAN RIGHTS COMMISSION--CREATION; COMPOSITION), Section 12-4-14 (HUMAN RIGHTS ADMINISTRATOR) , Section 12-4-15 (POWERS AND DUTIES OF THE HUMAN RIGHTS COMMISSION), Section 12-4-16 (COMPLAINTS GENERALLY), 12-4-17 (INVESTIGATION AND PROBABLE CAUSE OF COMPLAINT), Section 12-4-18 (CONCILIATION--BREACH OF CONCILIATION AGREEMENT; PROCEDURE; HEARING; DECISION), Section 12-4-21 (HEARINGS; DECISIONS), Section 12-4-23 (JUDICIAL REVIEW), Section 12-4-24 (ENFORCEMENT BY INJUNCTION) and Section 12-4-29 (CONDITIONS UNDER WHICH CITY ATTORNEY NOT TO REPRESENT COMMISSION, ADMINISTRATOR), and to add a new Section 12-4-4.1 (UNLAWFUL COMMERCIAL REAL ESTATE PRACTICES), a new Section 12-4-24.1 (CIVIL PENALTY) and a new section 12-4-30 (SEVERABILITY), all of Chapter 4 (HUMAN RIGHTS), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of The City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-4-2 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:

Sec. 12-4-2 Findings of fact and declaration of policy.

(a) Findings. The City Council of the City of Alexandria, Virginia, having conducted public hearings finds:

(1) The population of the City of Alexandria consists of people of different races, colors, sexes, religions, ancestries, national origins, marital statuses, familial statuses, ages, sexual orientations and disabilities, many of whom, because of their race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability, in some instances have been unjustly discriminated against with respect to housing, employment, public accommodations, health and social services, education, credit or city contracts.


19


(2) Discrimination because of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability with respect to housing causes, at least in part, circumscribed and segregated areas within the city and deprives many persons of the opportunity to live in the city or the opportunity to live in decent housing.

(3) Discrimination because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability with respect to employment denies job opportunities to many citizens of Alexandria and causes depressed living conditions.

(4) Discrimination because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability in places of public accommodation causes embarrassment and inconvenience to citizens and visitors of the city and is detrimental to the welfare of the city.

(5) Discrimination because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability with respect to credit, credit-related services or credit ratings arbitrarily denies financial opportunities and purchasing power to many citizens.

(6) Discrimination because of race, color, sex, religion, ancestry, national origin, sexual orientation or disability with respect to education denies appropriate role models and career and athletic opportunities to the students, teachers and administrative staff.

(7) Discrimination because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability with respect to health and social services is detrimental to the health of many citizens and deprives many needy and unfortunate citizens of the bare essentials of life.

(8) Discrimination because of race, color, sex, religion, ancestry, national origin, marital status, age or disability with respect to city contract employment denies job opportunities to many citizens and causes depressed living conditions.

(9) Discrimination because of race, color, sex, religion, ancestry, national origin, marital status, familial status, age or disability is contrary to the law of the United States of America and the spirit of the Constitution of Virginia.

(10) It is in the public interest and in furtherance of the welfare and well being of all citizens of Alexandria, Virginia, to assure that each citizen is treated fairly, provided equal protection of the law and afforded full and equal opportunity to enjoy life, liberty, property and the pursuit of happiness.

(11) The conditions set forth in subsections (1) through (9) above have caused or are capable of causing or encouraging crime, riots, disturbances, disorders, delinquency, breach of peace, fires, poverty, slums, blighted areas, overcrowding, unhealthy and unsanitary conditions, disease, increased mortality, unstable family life, increased cost of government, excessive public assistance problems, unemployment, loss of manpower, loss of womanpower, loss of tax revenue, and loss of trade, commerce, business and productivity.

(b) Policy. The City Council of the City of Alexandria, Virginia, hereby declares:

(1) That it is contrary to the policy of the city to permit the conditions mentioned in this section to exist or to arise.

20


(2) That it is the duty and policy of the city to exercise all available means and every power it possesses to protect the city and its citizens from such conditions and from the undesirable results that have been or may be caused or encouraged by the existence of such conditions.

(3) That, except as hereinafter provided, it is and shall be the policy of the city, in the exercise of its police power and all other powers it may possess, to protect the safety, health, peace, good order, comfort, convenience, morals and welfare of its inhabitants, to assure all persons the opportunity to obtain housing, public accommodations, employment, health and social services, credit, education and city contracts without regard to race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(4) That to carry out these goals and policies it is and shall be the policy of the city generally, except as hereinafter provided, to prohibit discrimination because of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability with respect to housing, public accommodations, employment, health and social services, credit, education and city contracts.

Section 2. That Section 12-4-3 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:

Sec. 12-4-3 Definitions.

(a) Affirmative action employment program. A positive program designed to ensure that a good faith effort will be made to employ applicants without regard to race, color, sex or disability. Such program, to be developed by the commission and approved by city council, shall include, where applicable, but shall not be limited to, the following: recruitment and recruitment advertising, selection and selection criteria, upgrading, promotion, demotion or transfer, lay-off or termination, rates of pay or other forms of compensation, other terms or conditions of employment and selection for training, including apprenticeship, and shall include realistic and attainable goals, methodology and timetable for implementation of the program.

(b) Age. Unless stated or the context clearly indicates otherwise, the word "age" as used in this chapter shall refer exclusively to persons who are 18 years of age or older.

(c) Commercial real estate. Land or any improvement thereon, or both, or an interest in land or any improvement thereon, that is offered for sale or lease and that is being utilized, or may be utilized, by a commercial or industrial use under the City of Alexandria Zoning Ordinance, whether such use is a permitted or special use. The fact that some alterations to land or improvements, or both, must be made after the sale or lease is completed, or that permits, licenses or other approvals are necessary after the sale or lease to put the land or improvements into an actual commercial or industrial use shall not preclude the land or improvements from constituting commercial real estate.

(d) Commission. The human rights commission created by section12-4-15 of this chapter.

(e) Complainant. Any person filing a complaint or on whose behalf a complaint is filed by the human rights administrator pursuant to this chapter.

(f) Credit. The right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.


21


(g) Disability. A physical or mental impairment which substantially limits one or more major life activities. "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic or lymphatic; skin and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(h) Discriminate, discrimination, discriminatory practice. Any arbitrary difference in treatment not permitted by this chapter, including harassment.

(i) Educational institution. Any nursery, day care center, kindergarten, elementary or secondary school, academy, college, university, extension course or nursing, secretarial, business, vocational, technical, trade or professional school or joint apprenticeship program.

(j) Employer. Any person who employs four or more employees for wages, salaries or commission within the city, exclusive of parents, spouse or children, and excluding any bona fide religious, fraternal or sectarian organization not supported in whole or in part by governmental appropriations.

(k) Employment agency. Any person regularly undertaking with or without compensation to advertise for or otherwise procure opportunities to work or to procure, recruit, refer or place employees.

(l) Familial status. One or more individuals who have not attained the age of 18 years and who are domiciled with:

(1) a parent or another person having legal custody of such individual or individuals; or

(2) the designee of such parent or other person having such custody, with the written permission of such parent or other person.

The term "familial status" shall also apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. The provisions regarding familial status do not apply with respect to housing for older persons.

(m) Family. One or more individuals living together on the premises as a single housekeeping unit.

(n) Harassment. Any verbal or physical conduct that denigrates or shows hostility toward an individual because of his or her race, color, religion, gender, national origin, age, disability, marital status or sexual orientation.

(o) Health or social service agency. Any person rendering health or social services. The term includes but is not limited to any hospital, clinic, dispensary, nursing home, convalescent home, rehabilitation center, social work agency, community service center, group work-recreation center, counseling and guidance services agency, day camp or resident camp, protective service organization or facility; but except for a hospital, clinic or dispensary, this term shall not include any health or social service agency operated, supervised or controlled by or in conjunction with a religious organization, association or society exclusively or primarily for members of its own faith.
22


(p) Housing. Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

(q) Human rights administrator. The person appointed pursuant to section 12-4-14 of this chapter.

(r) Labor organization. Any organization which exists for the purpose in whole or in part of collective bargaining or of dealing with employers on behalf of employees concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.

(s) Lending institution. Any person, including but not limited to a bank, insurance company or savings and loan association, regularly engaged in the business of lending money, guaranteeing loans or furnishing consumer credit or other credit-related services.

(t) Owner. Any person, including but not limited to a lessee, sublessee, assignee, manager or agent, and also including the city and its departments, boards, commissions, authorities, committees and agencies, having the right of ownership or possession or the authority to sell or rent any dwelling.

(u) Pattern or practice of discrimination. Any event, course of conduct or way of doing business with respect to housing, employment, public accommodations, credit, health and social services or city contracts which happens on several occasions and which actually or predictably results in different treatment which is discriminatory on the basis of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(v) Person with a disability. Any person who has a disability, as defined above, or had a record of such impairment, or is regarded as having such an impairment. "Has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. "Is regarded as having an impairment" means: (i) has a physical or mental impairment that does not substantially limit major life activities but is treated by a respondent as constituting such a limitation; (ii) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) has none of the impairments defined under "disability" above but is treated as having such an impairment by any person within the Jurisdiction of this chapter. Notwithstanding any contrary provision in this chapter, the term "person with a disability" shall not include any person who engages in the current, illegal use of a controlled substance, as defined in Virginia or federal law.

(w) Public accommodation. Includes every business, professional or commercial enterprise, refreshment, entertainment, sports, recreation or transportation facility in the city, whether licensed or not, public or private, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold or otherwise made available in any manner to the general public. Public accommodation does not include a bona fide private club or other establishment not in fact open to the general public.

(x) Public funds. Any funds derived from any governmental body or agency.



23


(y) Qualified person with a disability. (i) With respect to employment, a person with a disability, who with reasonable accommodation, can perform the essential functions of the job in question; and (ii) with respect to other services, a person with a disability who meets the essential eligibility requirements for the receipt of such services.

(z) Real estate broker. Any person, who for a fee or other valuable consideration, manages, sells, purchases, exchanges, rents or negotiates, or offers or attempts to negotiate the sale, purchase, exchange or rental of the real property of another, or holds himself or herself out as engaged in the business of managing, selling, purchasing, exchanging or renting the real property of another, including real estate salespersons, agents or any other persons employed by a real estate broker to perform or to assist in the performance of his or her business.

(aa) Respondent. Any person against whom a complaint is filed pursuant to this chapter.

(bb) Restrictive covenant. For purposes of this chapter, this is a provision written into a deed, lease, mortgage, deed of trust or contract that bars any person from owning or occupying housing on the basis of race, color, sex, religion, ancestry, national origin, familial status, age, sexual orientation or disability.

(cc) Sexual orientation. Having a preference for heterosexuality, homosexuality or bisexuality, having a history of such a preference or being identified with such a preference.

(dd) To rent. Includes to lease, to sublease, to let orotherwise to grant for a consideration the right to occupy premises not owned by the occupant.

Section 3. That Section 12-4-4 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:

Sec. 12-4-4 Unlawful housing practices.

(a) Unlawful housing practices--sale or rental. Except as provided in subsection (e) of this section, it shall be unlawful for any person:

(1) to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny housing to any person, because of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(2) to discriminate against any person in the terms, conditions or privileges of sale or rental of housing, or in the provision of services or facilities in connection therewith, because of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(3) to make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of housing, that indicates any preference, limitation or discrimination based on race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability, or an intention to make any such preference, limitation or discrimination.




24


(4) to represent to any person because of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability, that any housing is not available for inspection, sale or rental, when the housing is in fact so available.

(5) for profit, to induce or attempt to induce any person to sell or not sell, or to rent or not rent any housing by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(6) except in connection with a written affirmative action plan, to make an oral inquiry or to use a written inquiry or form of application or photograph, as a condition of the transaction in connection with the sale or rental of housing that elicits or attempts to elicit information concerning race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(7) to discriminate in the sale or rental of, or to otherwise make unavailable or deny, housing to any buyer or renter because of a disability of the buyer or renter, of a person residing in or intending to reside in the housing after it is sold, rented or made available, or of any person associated with the buyer or renter.

(8) to discriminate against any person in the terms, conditions, or privileges of sale or rental of housing, or in the provision of services or facilities in connection with such housing, because of a disability of the person, of a person residing in or intending to reside in the housing after it is sold, rented or made available, or of any person associated with the person.

(9) For purposes of subsubsections (7) and (8), discrimination shall include:

a. a refusal to permit, at the expense of a person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications are necessary to afford such person full enjoyment of the premises;

b. a refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations are necessary to afford a person with a disability equal opportunity to use and enjoy housing; or

c. in connection with the design and construction of covered multifamily housing, as defined in Virginia or federal law, for initial occupancy after April 1, 1991, a failure to design and construct the housing in such a manner that:

(i) the public use and common use portions of the housing are readily accessible to and usable by persons with disabilities;

(ii) all the doors designed to allow passage into and within all premises within the housing are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and







25


(iii) all premises within the housing contain an accessible route into and through the housing, light switches, electrical outlets, thermostats and other environmental controls in accessible locations, reinforcements in bathroom walls to allow later installation of grab bars and usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(10) Nothing in subsubsections (7), (8) and (9) requires that housing be made available to an individual whose tenancy would constitute a direct threat to the health or safety of others or would result in substantial physical damage to the property of others.

(11) For purposes of this subsection, discrimination because of or on the basis of age shall mean discrimination against a person who is 55 years of age or older because of or on the basis of that person's age.

(1) a. It shall be unlawful for any lending institution to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining housing, or to discriminate against him or her in the fixing of the amount, interest rate, duration or other terms or conditions of the loan or other financial assistance because of the race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability of such person.

b. It shall also be unlawful for any lending institution to deny a loan or other financial assistance because of the race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability of the present or prospective owners, lessees, tenants or occupants of the housing in relation to which the loan or other financial assistance is to be made or given.

c. It shall also be unlawful for any lending institution to deny such a loan or other financial assistance to any person because of the race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability of any person associated with such person in connection with the loan or other financial assistance or the purposes of the loan or other financial assistance.

(2) It shall also be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to discriminate against any person applying for a loan or other financial assistance, the proceeds of which are to be used for the purchase, construction, improvement, repair or maintenance of housing by:

a. denying a loan or other financial assistance because of the race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability of the residents of the neighborhood in which the housing is located; or

b. discriminating in fixing of the amount, interest rate, duration or other terms or conditions of a loan or other financial assistance, because of the race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability of the residents of the neighborhood in which the housing is located.

26


(1) It shall be unlawful for any person to deny any person access to or membership or participation in any multiple-listing service, real estate brokers, organization or other service, organization or facility relating to the business of selling or renting housing, or to discriminate against any person in the terms or conditions of such access, membership or participation, on account of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability of such persons.

(2) It shall be unlawful for any real estate broker or salesperson or other person in the business of selling or renting housing to solicit the sale or rental of housing or discourage the purchase or rental of housing by representations regarding the existing or potential proximity to real property owned, used or occupied by a person or persons of a particular race, color, sex, ancestry, national origin, marital status, familial status, age, sexual orientation or disability.

(1) It shall be unlawful for any person who prepares or supervises the preparation of any deed, mortgage, deed of trust, lease or contract affecting title to or any interest in land or housing in the city willfully and knowingly to include therein any restrictive covenant that discriminates on the basis of race, color, sex, religion, ancestry, national origin, familial status, age, sexual orientation or disability, except that nothing in this subsection shall be construed to prohibit any person from conveying, or preparing any legal document for any conveyance of housing or land to a religious organization for use only by members of such religious organization.

(2) It shall be unlawful for any person who prepares or supervises the preparation of any deed, mortgage, deed of trust, lease or contract affecting title to or any interest in land or housing in the city, wherein any restrictive covenant prohibited by subsection (1) above is incorporated by reference to another document or instrument, to fail to include therein a statement that such restrictive covenant is invalid and unenforceable.

(3) The Clerk of the Circuit Court for the City of Alexandria,Virginia, is hereby authorized and directed:

a. to post in a conspicuous location in the clerk's office and in the land record room the following notice printed in 14-point type:

"It is a violation of the Human Rights Code of the City of Alexandria, Virginia, for any person to include any provision in a deed, mortgage, deed of trust, lease or contract affecting title or any interest in land which purports to restrict or affect on the basis of race, color, sex, religion, ancestry, national origin, familial status, age, sexual orientation or disability the holding, occupancy or transfer of any interest in land, and any such provisions are invalid and unenforceable."

b. when a copy of any deed, mortgage, deed of trust, lease or contract affecting title or interest in land or housing recorded in the clerk's office is requested, to affix to such copy a statement that any provision contained in such legal instrument which purports to restrict or affect the holding, occupancy, ownership, rental, lease or transfer of any interest on the basis of race, color, sex, religion, ancestry, national origin, familial status, age, sexual orientation or disability is invalid or unenforceable.

27


(1) Nothing in section 12-4-4 shall prohibit a religious organization, association or society, or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting or from advertising the sale, rental or occupancy of housing which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(2) Nothing in section 12-4-4 other than subsection (3) of subsection (a) shall apply to:

a. any single-family house sold or rented by an owner; provided, that the private individual owner does not own more than three such single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24-month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any rights to all or a portion of the proceeds from the sale or rental of more than three single-family houses at any one time; provided further, that the owner sells or rents the following:

1. without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or sales person, or of such facilities or services of any person in the business of selling or renting housing, or of any employee or agency of any such broker, agent, salesperson or person, and

2. without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsection (3) of subsection (a) of this section; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title, or

b. rooms or units in housing containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his or her residence, provided that the owner sells or rents the rooms or units:

1. without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting housing, or of any employee or agency of any such broker, agent, salesperson or person, and

2. without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsection (3) of subsection (a) of this section, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other professional assistance as necessary to perfect or transfer the title.

28


For the purposes of this subsection (e) (2) , a person shall be deemed to be in the business of selling or renting housing if:

a. he or she has, within the preceding 12 months, participated as principal, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in three or more transactions involving the sale or rental of any housing or any interest therein;

b. he or she has, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing the sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any housing or any interest therein; or

c. he or she is the owner of any housing designed or intended for occupancy by, or occupied by, five or more families.

a. bar any person from restricting sales, rentals, leases or occupancy, or from giving preference, to persons of a given age for bona fide housing intended solely for the elderly or bona fide housing intended solely for minors;

b. make it an unlawful act to require that a person have legal capacity to enter into a contract or lease;

c. prohibit any private, state-owned or state-supported educational institution, hospital, nursing home, or religious or correctional institution from requiring that persons of both sexes not occupy any single-family residence or any room or unit in dwellings or other buildings which it owns or operates or that persons of both sexes not utilize any rest room in said room or unit in dwellings or other buildings which it owns or operates;

d. bar any person from refusing to sell or rent any housing to unmarried individuals cohabiting contrary to law;

e. bar any person from refusing a loan or other financial assistance to any person whose life expectancy, according to generally accepted mortality tables, is less than the term for which the loan is requested; or

f. forbid distinctions based on the inability to fulfill the terms or conditions including financial obligations of any such lease, contract of sale, deed or mortgage.

(4) a. Nothing in section 12-4-4 regarding unlawful discrimination because of familial status shall apply to housing for older persons.

b. As used in this section, "housing for older persons" means housing:

(i) provided under any state or federal program that is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

(ii) intended for, and solely occupied by, persons 62 years of age or older; or

(iii) intended and operated for occupancy by at least one person 55 years of age or older per unit.

c. The following factors will be considered in determining whether housing qualifies as "housing for older persons":

29


(i) the housing contains significant facilities and services specifically designed to meet the physical or social needs of older persons or, if the provision of such facilities and services is not practicable, the housing is necessary to provide important housing opportunities for older persons; and

(ii) 80 percent or more of the units are occupied by at least one person 55 years of age or older; and

(iii) the publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing primarily for persons 55 years of age or older.

d. Housing shall not fail to constitute "housing for older persons" by reason of:

(i) persons residing in the housing as of February 23, 1991, who do not meet the age requirements of subsections (4) a (ii) or (iii) ; provided, that new occupants of such housing meet these age requirements; or

(ii) unoccupied units; provided, that such units are reserved for occupancy by persons who meet these age requirements.

(5) Nothing in section 12-4-4 prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance.

Section 4. That Chapter 4 of Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Section 12-4-4.1, to read as follows:

Sec. 12-4-4.1 Unlawful commercial real estate practices.

It shall be unlawful for any person, on the basis of race, color, sex, sexual orientation, age, marital status, religion, disability or national origin, to:

(a) refuse to sell or rent commercial real estate after the making of a bona fide offer, to refuse use to negotiate for the sale or rental of such real estate, or to otherwise make unavailable or deny such real estate to any person;

(b) discriminate against a person in the terms or conditions of a sale or rental of commercial real estate, or in the provision of services or facilities in connection with or following a sale or rental of such real estate;

(c) make, print or publish, or cause to be made, printed or published, any notice, advertisement or other statement with respect to the sale or rental of commercial real estate that indicates any preference, limitation or discrimination on the basis of any of the factors identified above in this section;

(d) represent to a person that commercial real estate is not available for inspection, sale or rental when such commercial real estate is in fact, available;

(e) interfere with, interrupt or terminate a person's ownership, rental, possession or occupancy of commercial real estate;





30


(f) include in the terms or conditions of any sale or rental of commercial real estate a provision that prohibits or discourages, or purports or attempts to prohibit or discourage, the ownership, rental, possession, occupancy or use of such real estate by any person on the basis of any of the factors identified above in this section; and

(g) discriminate in lending money, guaranteeing loans, accepting mortgages or otherwise making available money for the purchase, construction, alteration, repair or maintenance of commercial real estate, or to discriminate in the fixing of the rates, terms or conditions of any such financing, or in the extension of service in connection therewith; provided, that nothing in this section shall be construed as prohibiting a person from refusing to sell or rent commercial real estate to, or otherwise to deal in connection with commercial real estate with, another person where the latter person lacks the capacity to contract; and provided further, that for purposes of this section, discrimination because of or on the basis of age shall mean discrimination against a person who is 55 years of age or older because of or on the basis of that person's age.

Section 5. That Section 12-4-5 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:

Sec. 12-4-5 Unlawful employment practices.

(a) Except as provided in subsection (b) of this section, it shall be unlawful:

(1) for any employer to fail or refuse to hire or to discharge any person or otherwise to discriminate against any person with respect to hiring, tenure, compensation, promotion, discharge or any other terms, conditions or privileges directly or indirectly related to employment because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(2) for any employer, employment agency or labor organization to establish, announce or follow a policy of denying or limiting the employment, membership or apprenticeship opportunities of any person on the basis of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(3) for any employer, labor organization, employment agency or any joint labor management committee controlling apprentice training programs to deny to or withhold from any person the right to be admitted to or to participate in a guidance program, an apprenticeship training program, an on-the-job training program or any other occupational training program because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;


(4) for any employer, employment agency or labor organization to publish or circulate, or to cause to be published or circulated with intent to circumvent the spirit and purpose of this section, any notice or advertisement relating to employment or membership which indicates any preference, limitation or discrimination based on race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability, or an intention to make any such preference, limitation or discrimination;
31


(5) for any employment agency to fail or refuse to accept, register, classify properly or refer for employment or otherwise to discriminate against any person because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(6) for any labor organization to discriminate against any person in any way which would deprive or limit his or her employment opportunities or otherwise adversely affect his or her status as an applicant for employment or as an employee with respect to hiring, seniority, tenure, referral, compensation, promotion, discharge or any other terms, conditions or privileges directly or indirectly related to employment because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, when such person is a qualified person with a disability;

(7) for any employer, employment agency or labor organization to discriminate against any person because he or she has opposed any practice forbidden by this section or because he or she has made a complaint or testified or assisted in any manner in any investigation or proceeding under this chapter relating to the provisions of this section; or

(8) for any employer to deny any employment opportunity to a qualified person with a disability who is an employee or applicant if the basis for the denial is the need to make reasonable accommodations to the physical or mental limitations of the employee or applicant.

(9) For purposes of subsections (a) (1) through (a) (6), discrimination because of or on the basis of age shall mean discrimination against a person who is 40 years of age or older because of or on the basis of that person's age.

(b) Exceptions. Nothing in subsection (a) of this section shall apply to:

(1) any type of employment, occupation, or position where the job involves a bona fide occupational qualification requiring the employment of a person or persons of a particular religion, sex, ancestry, national origin, marital status, age, sexual orientation or physical or mental capabilities, where the qualification is reasonably necessary to the normal operation of that business or enterprise;

(2) any employment practice based upon applicable laws or regulations established by the United States or any agency thereof, the Commonwealth of Virginia, or any political subdivision of the Commonwealth having jurisdiction in the City of Alexandria;

(3) the observance of the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this section, except that no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual who is at least 40 years of age or older because of the age of such individual;

(4) agreements or contracts concerning contribution rates for employer or employee for group insurance, when the contribution rate may be affected by marital status or number of dependents;

(5) any employment agency providing services only to elderly persons or to minors; provided, however, that no employment agency may discriminate on the basis of race, color, sex, religion, ancestry, national origin, marital status, sexual orientation or disability; and
32


(6) notwithstanding any other provisions of this section, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability, nor shall it be an unlawful employment practice for any employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability.

(c) Affirmative action employment program. The city manager shall establish an affirmative action employment program for the city and shall report to the city council regarding the status of same annually.

Section 6. That Section 12-4-12 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:

Sec. 12-4-12 Human rights commission--creation; composition.

For the purpose of making effective the provisions of this chapter, there is hereby created a commission of the City of Alexandria, Virginia to be known as the "human rights commission," herein referred to as the commission, which shall consist of 14 members, each of whom shall reside in the city at the time of appointment to the commission and while serving on it. They also shall be as broadly representative of residents of the city as is practicable. Of the 14 members, nine shall be citizens at large and one each shall be members of the economic opportunities commission, the commission for women, the landlord-tenant relations board, the commission for persons with disabilities and the commission on aging. All the members shall be appointed by city council. The members representing the aforementioned city boards and commissions shall be nominated by the board or commission each represents. Of the at-large members first appointed, as decided by lot, three shall be appointed for a term of one year, three for a term of two years and three for a term of three years. Thereafter, at-large members shall be appointed for terms of three years each. Any vacancy shall be filled by the council for the unexpired portion of a term. Each member representing a board or commission shall serve coextensive with his or her term on the parent body, or until such time as the parent body shall nominate and the city council shall appoint a replacement from among the members of the parent body, but under no circumstances shall any member serve on the commission beyond his or her term on the parent body. Members shall serve without compensation but may receive reimbursement for expenses, subject to availability of funds. On the request of any board, commission or committee of the city, the commission may invite a designated representative from such board, commission or committee to act as a participating observer at any meeting of the commission other than a hearing under sections 12-4-18 or 12-4-21 of this chapter. Also on request, the commission may provide agendas and minutes of any meeting and any other official document, except for conciliation agreements, to any other public agency, board, commission, committee or the general public.

Section 7. That Section 12-4-14 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:



33


Sec. 12-4-14 Human rights administrator.

(a) There is hereby established the position of human rights administrator. The city manager shall appoint a person to the position of human rights administrator, who shall be a member of the manager's staff, upon consideration of the recommendations of the commission with respect to the appointment. The human rights administrator shall report to the city manager and may be removed for cause by the city manager.

(b) The human rights administrator shall be responsible for carrying out the policies of the commission and performing the duties assigned to him or her by this chapter, negotiating contracts or worksharing agreements with the equal employment opportunity commission, the department of housing and urban development or other appropriate federal or state agencies and performing the duties assigned by these contracts and work-sharing agreements. The administrator shall have the power and duty to make investigations of unlawful discriminatory practices under this chapter, and to file complaints with the commission when he or she has probable cause to believe that an unlawful discriminatory practice has occurred. The administrator shall further have the power and duty to attempt to conciliate any complaint of alleged unlawful discrimination under this chapter where there is probable cause for the complaint.

Section 8. That Section 12-4-15 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:

Sec. 12-4-15 Powers and duties of the human rights commission.

(a) Powers and duties. The commission shall administer the provisions of this chapter as stated above and shall have the following powers and duties:

(1) Receive complaints alleging actions or conduct that are unlawful under this chapter, as well as grievances alleging other actions or conduct that constitute discrimination where the complainant is only seeking the commission's good offices to conciliate.

(2) Utilize methods of persuasion, conciliation and mediation or informal adjustment of grievances; hold public hearings; and, in the case of complaints alleging actions or conduct that are unlawful under this chapter, make findings of fact, issue orders and make recommendations pursuant to section 12-4-21, and make public its findings, orders and recommendations.

(3) Conduct studies and hold public hearings on discrimination against persons with a physical or mental disability, in concert with the commission on disabled persons and the Alexandria mental health and mental retardation services board, to explore local legislative proposals in the areas of employment, credit, education, health and social services, public accommodations and housing.

(4) Conduct studies and hold hearings on social conditions that may cause discrimination on the basis of race, color, sex, religion, ancestry, national origin, marital status, familial status, age, sexual orientation or disability that is prohibited by this chapter. Gather and disseminate reliable information by issuing publications and reports of studies and research relating to such discrimination.

(5) Institute and conduct educational and informational programs with wide sectors of businesses, unions, professions, agencies and organizations to promote equal rights and opportunities for all persons and to promote understanding among persons and groups of different
34


races, colors, sexes, religions, ancestries, national origins, marital statuses, familial statuses, ages, sexual orientations or disabilities.

(6) Assist in developing, negotiating and reviewing voluntary fair housing affirmative action agreements as mandated by the city council in resolution no. 355, adopted on November 26, 1974, and develop and review other voluntary affirmative action programs.

(7) Review the city's affirmative action employment program and the performance of the city government, its contractors and subcontractors in employment policies and practices as they may relate to discrimination because of race, color, sex, religion, ancestry, national origin, marital status, age or disability. The commission shall report its findings to the city manager and city council.

(8) Establish, administer or review programs at the request of the city council or the city manager and make reports on these programs to the city council and city manager.

(9) Conduct studies and hold public hearings on policies and practices of public educational institutions with respect to discrimination on the basis of race, color, sex, religion, ancestry, national origin, sexual orientation or disability that is prohibited by this chapter, and of public health and social service agencies with respect to discrimination on the basis of race, color, sex, religion, ancestry, national origin, marital status, age, sexual orientation or disability that is prohibited by this chapter, and bring to the attention of the appropriate policy-making body and chief administrator problems that require notice or action to resolve.

(10) Bring to the attention of the city manager items that require city manager or city council notice or action to resolve.

(11) Conduct studies and hold public hearings on policies or practices that cause or may be caused by a pattern or practice of discrimination.

(12) Render to city council and the city manager annual written reports of its activities under the provisions of this chapter along with such comments and recommendations as it may choose to make.

(13) Cooperate with and render technical assistance to federal, state, local and other public or private agencies organizations and institutions which are formulating or carrying on programs to prevent or eliminate the unlawful discriminatory practices covered by the provisions of this chapter.

(14) With the approval of the city council, accept grants from federal, state, local and other public or private agencies, organizations and institutions, including but not limited to foundations, colleges and universities.

(15) Make use of uncompensated services of public agencies and private organizations as may from time to time be offered and needed to perform advisory and research duties.







35


(16) As far as it is practicable, the services, including advisory and consultative services of all city departments, agencies, boards and commissions shall be made available to the commission for the purpose of carrying out the functions, powers and duties herein set forth, and with the approval of the city manager, the heads of such departments or agencies shall furnish to the commission any information in the possession of the departments or agencies as is relevant to the duties of the commission and which the commission, by written communication, may require. This includes the use of counsel from the office of the city attorney to aid in the conduct of its investigations and hearings.

(17) Establish panels of up to three members to conduct confidential hearings on pending complaints that have been identified by the administrator. As to such complaints, a panel may advise the administrator on whether (i) probable cause exists to believe unlawful discrimination has occurred, (ii) the time for the investigation should be extended, (iii) a public hearing should be scheduled, (iv) subpoenas should be obtained, and (v) a plan of settlement should be proposed to the parties.

(b) Subpoenas. In the course of any investigation of a complaint under this chapter or in any hearing held by the commission in accordance with section 12-4-18 or section 12-4-21 of this chapter, the commission, by majority vote of those members present, may apply to the appropriate circuit court for a subpoena or subpoena duces tecum to compel the attendance and testimony of witnesses and the production of evidence; provided, that, at the time it votes to apply to the court, the commission shall have grounds to believe that unlawful discrimination has occurred, shall have made a good faith effort to obtain the data and other information necessary to determine whether such discrimination has occurred, and shall have been unable to obtain such data and information on a voluntary basis. At least five days prior to applying for a subpoena, the commission shall notify the city manager of its intention to apply for the subpoena and its reasons for doing so. The judge of the circuit court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena.

(c) Funds. In the exercise of its powers and the performance of its duties the commission shall not expend funds in excess of those appropriated to it by the city council and those received by it from approved grants.

Section 9. That Section 12-4-16 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:

Sec. 12-4-16 Complaints generally.

(a) Complaints under this chapter may be filed only by (i) a person claiming to have been injured by actions or conduct that are unlawful under this chapter (a "complainant"), or (ii) the human rights administrator where the administrator has probable cause to believe that one or more persons have been the subject of an unlawful discriminatory practice under this chapter. All complaints shall be made in writing, be under oath or affirmation and be accompanied by an affidavit. An additional copy shall be made for each respondent, if more than one. All complaints shall be on a form furnished by the human rights administrator, and shall state the name and address of each respondent, the address of the person filing the complaint (the complainant or the administrator), the date of the alleged offense and the alleged facts surrounding the acts complained of. The human rights administrator shall forthwith transmit a copy of the complaint to each respondent by certified mail, return receipt requested, with another copy by ordinary mail. Each complaint shall be held in confidence by thehuman rights administrator unless or until the
36


complainant or the administrator, as the case may be, and the respondent consent to its being made public, or until the time a hearing procedure such as described in section 12-4-21 has begun. A complaint must be filed within 300 days after the date of the actions or conduct alleged to be in violation of this chapter, except that a complaint alleging housing discrimination may be filed within 365 days of the alleged violation.

(b) Where a complainant or respondent in a case filed with the human rights administrator is a person with a disability, the administrator shall provide reader services if blind, interpreter services if deaf, or other special services to persons with a disability as are appropriate.

(c) Nothing in this chapter shall prevent any member of the human rights commission from filing a complaint if he or she claims himself or herself to be the subject of a discriminatory practice or to be a person aggrieved under this section. Such person shall disqualify himself or herself as a member of the commission when his or her complaint is before the commission for a public hearing and for disposition.

(d) Nothing in this section shall be construed to prevent a person from filing a grievance with the commission which alleges actions or conduct that is discriminatory and which seeks the commission's good offices to conciliate, or to prevent the commission from seeking to conciliate such grievances, pursuant to section 12-4-15(a)(1) .

Section 10. That Section 12-4-17 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:

Sec. 12-4-17 Investigation and probable cause of complaint filed by a complainant.

(a) Upon the filing of a complaint by a complainant, the administrator shall undertake an investigation, which shall be completed within 180 days, unless additional time is allowed by the commission, from the date of the filing of a complaint, to determine whether there is probable cause for the complaint. At any time following the filing of a complaint, the administrator may convene a conference, over which the administrator or her designee shall preside, in order to mediate the issues in dispute between the parties. The administrator may also convene a confidential hearing, over which a panel of commission members shall preside, in order to obtain advice from the panel in one or more of the areas set forth in section 12-4-15(a) (17). Upon completion of the investigation, the administrator shall issue a written decision containing the administrator's determination as to whether there is probable cause for the complaint. The administrator shall send a copy of this written decision to the complainant person and the respondent by certified and ordinary mail.

(b) If the administrator determines that there is probable cause for a complaint filed by a complainant, the administrator shall immediately endeavor to eliminate the unlawful discriminatory practice complained of in accordance with section 12-4-18.

(c) If the administrator determines that there is no probable cause for a complaint filed by a complainant, that determination shall constitute the final decision of the commission which shall not be subject to judicial review.

Section 11. That Section 12-4-18 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:


37


Sec. 12-4-18 Conciliation; breach of conciliation agreement; procedure; hearing; decision.

(a) Upon a determination by the administrator that there is probable cause for a complaint filed by a complainant, or upon the filing of a complaint by the administrator, the administrator shall immediately endeavor to eliminate the unlawful actions or conduct or the unlawful discriminatory practice complained of, upon terms that are agreeable to the parties. The administrator's effort initially shall consist of conciliation and persuasion. Conferences and other efforts at conciliation and persuasion shall be informal and may be conducted by the administrator or any member of his or her staff so designated. Nothing said or done during or as part of the conciliation efforts shall be made public or used as evidence in a subsequent proceeding instituted under this chapter unless each of the interested parties agrees thereto in writing.

(b) If conciliation succeeds, the terms of the conciliation shall be reduced to writing and signed by or on behalf of the parties and, where the complaint was filed by a complainant, also by the administrator. The administrator shall then notify the commission through its chair-person that a conciliation agreement has been entered into by the parties. Conciliation agreements may be made public but any public disclosure shall not reveal the identities of the parties involved, except with the consent of all parties.

(c) Any conciliation agreement established pursuant to this section shall provide that all complaints filed by the same complainant that are pending before the commission and that arise out of the same events or transactions giving rise to the complaint covered in the agreement shall terminate and shall not be revived by the complainant so long as the agreement is in force. The signing of an agreement shall not constitute an admission on the part of any signatory of a violation of any provision of this chapter or any other provision of law.

(d) Nothing in this chapter shall prohibit the administrator from continuing his or her efforts to reach conciliation at any time while a complaint is pending before the commission.

(e) In the event the administrator has reason to believe that a party to a conciliation agreement entered into pursuant to this section has breached any provision of the agreement, the administrator shall promptly so notify the commission. The commission shall thereupon promptly schedule a public hearing to determine if the agreement has been breached. Notice of the time and place of hearing shall be mailed by certified mail, with a copy by ordinary mail, to each respondent and complainant no later than two weeks prior to the date of the hearing. The commission shall schedule for hearing all respondents who signed the agreement, but may upon request or its own motion schedule separate hearings for each respondent. Any party alleging a breach of the agreement shall appear at the hearing in person and may be accompanied by an attorney. Any party who is alleged to have violated the agreement may appear at the hearing in person or by a duly authorized representative, including an attorney. Each party may present testimony and evidence. The right to cross-examine witnesses shall be preserved. The administrator shall cause a qualified reporter or stenographer to be present throughout the hearing, or shall provide a voice recording device, and shall record the proceedings. Upon direction of the commission, the proceedings shall be transcribed. Any transcription shall be public and open to inspection by any person. All testimony shall be given under oath administered by the chairperson or his or her representative.

(f) If upon all the evidence at the hearing the commission determines that the conciliation agreement has not been breached, the commission shall not later than 14 days following the conclusion of the hearing render and issue a written decision containing its determination and the
38


facts upon which the determination is based, cause the decision to be mailed by certified and ordinary mail to each respondent and complainant, announce and make public its determination, and cause the determination to be recorded in the minutes of its proceedings. The case shall then be closed, and no further action shall be taken by the commission on the instant allegation of the breach of the conciliation agreement, and the agreement shall remain in effect.

(g) If upon all the evidence at the hearing the commission determines that the conciliation agreement has been breached, the commission may refer the matter back to the human rights administrator for further efforts toward conciliation or may, after consultation with the city attorney, refer the matter to the city attorney and recommend appropriate legal action to enforce the agreement.

(h) The city attorney, upon receipt of a recommendation from the commission, including a recommendation under subsection (g) of this section, may initiate appropriate legal action in a court of competent jurisdiction to enforce a conciliation agreement.

Section 12. That Section 12-4-21 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:

Sec. 12-4-21 Hearings; decisions.

(a) Before the commission can hold a hearing or render a decision under this section relating to a violation of this chapter, it is necessary that:

(1) a complaint shall have been filed under section 12-4-16 alleging the violation;

(2) a determination shall have been made under this chapter that probable cause exists for the complaint; and

(3) the applicable conciliation provisions of this chapter relating to the complaint shall have been complied with.

(b) In the event that a signed conciliation agreement is not reached within 30 days from the determination of probable cause on a complaint filed by a complainant, or within 30 days of the filing of a complaint by the administrator, or within such additional time as the commission may allow, the administrator shall promptly so notify the commission, and the commission shall thereupon schedule a public hearing as soon as possible to determine if a violation of this chapter has been committed. The commission shall prior to any hearing verify that each party to the proceeding has received a copy of the complaint and any amendments thereto. Notice of the time and place of hearing shall be mailed by certified mail, with a copy by ordinary mail, to each respondent and complainant no later than two weeks prior to the date of the hearing. In cases in which there is more than one respondent, the commission shall schedule a hearing for all respondents named in the complaint, but may upon request or on its own motion schedule separate hearings for each respondent. Complainants shall appear at the hearing in person and may be accompanied by an attorney. Each party respondent may appear at the hearing in person or by a duly authorized representative including an attorney. Each party may present testimony and evidence. Each party shall have the right to cross-examine. The human rights administrator shall cause a qualified reporter or stenographer to be present throughout the hearing or shall provide a voice recording device, and shall record the proceedings. Upon direction of the commission, part or all of the proceedings shall be transcribed. Any transcription shall be public and open to inspection by any person. All testimony shall be taken under oath administered by the chairperson or his or her representative.
39


(c) Within 30 days of the conclusion of the public hearing, the commission shall determine whether the respondent has violated any provision of this chapter, shall announce in public the determination it has reached, and shall cause the determination to be recorded in the minutes of its proceedings.

(d) If the commission determines, upon the preponderance of the evidence, that the respondent has violated any provision of this chapter, the commission shall:

(1) Not later than 30 days after announcing its determination, issue a written decision containing:

(iii) an order requiring the respondent to undertake specified actions designed to bring respondent into compliance with this chapter and stating the date or dates by which the respondent shall demonstrate to the commission that it has undertaken these actions;

(iv) recommendations, if any, regarding the relief, including but not limited to compensatory damages, that the respondent should provide any complainant and/or other persons injured by respondent's violation of this chapter, and the date or dates by which the respondent shall demonstrate to the commission that it has implemented these recommendations; and

(v) recommendations, if any, to the city manager regarding the levying of civil penalties against the respondent under section 12-4-24.1.

(2) Cause a copy of its decision to be served on each respondent and complainant, by certified mail, with a copy by ordinary mail.

(3) Designate appropriate parts of the hearing to be transcribed for the public record at the cost of the city.

(4) Permit the complainant or each respondent to obtain copies of any part or all of the transcript of the proceedings at his or her cost. For good cause, the commission may waive the requirement that the complainant or respondent must pay for the transcripts.

(e) If the commission determines, upon the preponderance of the evidence, that the respondent has not violated any provision of this chapter, the commission shall, not later than 30 days after announcing its determination, issue a written decision containing its determination and the facts upon which the determination is based, and shall cause its decision to be served on each respondent and complainant by certified mail, with a copy by ordinary mail. The case shall then be closed and no further action shall be taken by the commission in the matter.

Section 13. That Section 12-4-23 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:

Sec. 12-4-23 Judicial review.

(a) Any person aggrieved by a decision of the commission entered pursuant to section 12-4-18(f) or 12-4-21 may have the decision reviewed by a court of competent jurisdiction. A review proceedings shall be instituted by filing with the court a petition for review naming the commission as respondent. A copy of the petition shall be served upon the city attorney, who shall represent the commission in the review proceeding. No petition for review may be filed more than 30 days after the date of service of the decision of which review is sought.

40



(b) The court, on motion of the petitioner, may issue a writ of certiorari requiring the agency to transmit the record of the proceeding before the commission on or before a certain date.

(c) The court, sitting without a jury, shall hear the appeal on the record transmitted by the commission and any additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require.

(d) The court may affirm the decision of the commission or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the determination, findings of fact or conclusions of law set out in the commission's decision are:

(2) in excess of legal authority or jurisdiction of the commission;

(5) unsupported by the evidence on the record considered as a whole; or

(e) The filing of a petition shall not operate to stay an application to the court under section 12-4-24 for the enforcement of the order. If an application has been made to the court for enforcement of the order, the petitioner, at any time after the filing of his or her petition, may move the court for a stay of enforcement. The motion shall be made after notice to the commission, and a stay pending the review shall be granted unless it appears to the court that immediate enforcement of the order is essential to the public health or safety. In the order granting a stay, the court may make any provision required to serve the ends of justice.

Section 14. That Section 12-4-24 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:

Sec. 12-4-24 Judicial action to enforce commission decision.

(a) If a person who is a respondent in a proceeding before the commission fails to comply with an order issued by the commission pursuant to section 12-4-21(d)(iii) , the commission may, after consulting with and receiving the approval of the city attorney, bring an appropriate action, through the city attorney, in any court of competent jurisdiction to secure a judicial order requiring the person to comply with the commission's order or otherwise to come into compliance with the provisions of this chapter.







41


(b) If a person who is a respondent in a proceeding before the commission fails to comply with recommendations issued by the commission pursuant to section 12-4-21(d)(iv), the commission, after consulting with and receiving a recommendation from the city attorney and thereafter receiving authorization from the city council, may bring an appropriate action, through the city attorney, in any court of competent jurisdiction to secure a judicial order or judgment requiring the person to provide appropriate relief to any complainant in said proceeding, and/or any other individual, who has been injured as a result of the person's violation of this chapter.

Section 15. That Chapter 4 of Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 12-4-24.1, to read as follows:

Sec. 12-4-24.1 Civil penalty.

The violation of any provision of this chapter shall be a class one civil violation, and any person who commits, permits, assists in or attempts, whether by act or omission, such a violation shall be liable for a civil penalty. The rules applicable to, and the procedures for the levying of, such a civil penalty shall be those set out in section 1-1-11 of this code; provided, that notice of a civil violation of this chapter may be issued only by the city manager and only following a recommendation made by the commission under section 12-4-21 (d) (v) .

Section 16. That Section 12-4-29 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:

Sec. 12-4-29 Conditions under which city attorney not to represent commission, administrator.

Notwithstanding any contrary provisions of this chapter, the city attorney shall not represent either the commission or the administrator in any matter or proceeding in which the city or any department, office or agency of the city is a respondent. In this event, the commission and the administrator may consult with and retain a private attorney to provide the services that the city attorney would ordinarily provide the commission and administrator.

Section 17. That Chapter 4 of Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 12-4-30, to read as follows:

Sec. 12-4-30 Severability.

The provisions of this chapter are severable and, if any section, provision or part of the chapter is held, for any reason, invalid or inapplicable to any person or circumstance, such invalidity or inapplicability shall not affect or impair any of the remaining sections, provisions or parts of this chapter, or their application to any other person or circumstance. It is hereby declared to be the intent of the city council that this chapter would have been adopted even if the section, provision or part of the chapter declared invalid had not been included herein, or if the person or circumstance to which the section, provision or part is declared inapplicable had been specifically exempted from the chapter.






42


Section 18. That this ordinance shall become effective upon the date and at the time of its final passage, and therefore shall, with the exception of Sections 2, 3 and 4, apply to the actions and conduct of persons undertaken, and to complaints filed with the human rights commission (including the office of human rights), both prior to and after said date. Sections 2, 3 and 4 shall only apply to the actions and conduct of persons undertaken after the effective date of this ordinance.
KERRY J. DONLEY
Mayor

Introduction: 3/12/96
First Reading: 3/12/96
Publication: 3/13/96; 3/14/96
Public Hearing: 3/23/96
Second Reading: 3/23/96
Final Passage: 3/23/96


22. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the city code provisions governing boards and commissions in order to (a) require a staff impact analysis prior to the creation of a new committee to determine the anticipated staffing needs of the new committee, (b) establish limitations on the lifetimes of newly created committees, (c) require ad hoc groups to meet the same attendance and reporting requirements that all committees meet, and (d) require that all staff assignments from boards, commissions, committees and task forces be based upon action by the full group, as opposed to requests from individual members. (#19 3/12/96) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 22; 3/23/96, 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 Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3851

AN ORDINANCE to amend Article A (GENERAL PROVISIONS) of Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS) of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-4-2 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:



43


Sec. 2-4-2 Definitions.

As used in this article, unless otherwise stated or the context otherwise requires:

(2) Committee means any board, committee, commission, authority or similar body established by the city council or established pursuant to, or required by, any provision of the laws or regulations of the Commonwealth of Virginia or the United States, which has one or more members appointed or designated by the city council, and which has (i) a fixed membership, including at least one person who is not a city employee, (ii) a defined purpose and (iii) regular or periodic meetings.

(3) Head of a committee means the chairman, chairperson or other person designated or elected as the presiding officer of any committee.

(4) Action means any decision, recommendation, ruling or advice of a substantive nature made by a committee in accordance with section 2-4-5, which a committee is, by the terms of its enabling legislation, authorized to make.

(5) Enabling legislation means any constitutional provision, statute, city charter provision, resolution, ordinance or regulation or other provision of law enacted by the city council, the Commonwealth of Virginia or the United States which establishes the committee and determines its composition, functions and powers.

(6) Standing committee means any committee established pursuant to law whose functions are established on a permanent, ongoing basis for an indefinite period of time.

(7) Temporary committee means any committee established for a fixed and definite purpose and for a limited and fixed period of time, including any ad hoc committee, task force or group created by ordinance or resolution.

(8) Designated member means a person appointed to a committee, pursuant to the terms of its enabling legislation, on behalf of, or as the representative of, another committee, organization or group.

(9) Executive secretary means the person and the functions described in section 2-4-9 of this article.

(10) Regional committee means a committee, the majority of whose members are appointed by one or more states or political subdivisions other than the city.

Section 2. That Section 2-4-8 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:

Sec. 2-4-8 Creation of new committees; term of temporary committees.

(a) Any new standing committee shall be established by ordinance.

(b) Any new temporary committee shall be established by ordinance or resolution which shall specify the term during which the committee shall remain in existence. No temporary committee shall be established for a term of more than 365 days, the period to run from the date the committee holds its initial meeting. The term of a temporary committee may be extended by council by ordinance or resolution for additional periods of up to 365 days each. A temporary committee shall cease to exist upon (i) thecompletion of its designated task or assignment, (ii) the date it submits its
44


final oral or written report to council, (iii) the expiration of the term specified in the ordinance or resolution creating the committee or of any extension of its original term, or (iv) three years from the date of its initial meeting, whichever occurs first.

(c) No new committee shall be established until the city manager has issued a report with comments and recommendations regarding the creation of the committee. The manager may delegate responsibility for preparing this report to any department head. The report required by this subsection shall include comments and recommendations concerning:

(1) the need for the committee and possible duplications or conflicts with other committees;

(2) the appropriateness of a committee format to deal with the issues involved; and (3) the impact that creation of the committee will have on city staff resources, including:

(i) the estimated total amount of city staff time that will be required on an annual or other basis to staff the committee; (ii) whether the committee can accomplish its assigned work with existing staff; and

(iii) if new staff will be required, the total amount of additional staffing that will be required and the projected annual cost of such additional staff.

Section 3. That Chapter 4 of Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 2-4-10 to read as follows:

Sec. 2-4-10 Staff assistance.

No committee may request the assistance of city staff or make an assignment to city staff except pursuant to committee action, as defined in section 2-4-2(4). Unless acting pursuant to committee action, no member of a committee may request staff assistance, or make an assignment to staff, relating to committee business.

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

Introduction: 3/12/96
First Reading: 3/12/96
Publication: 3/13/96; 3/14/96
Public Hearing: 3/23/96
Final Passage: 3/23/96







45


23. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend Ordinance No. 3014, which granted an encroachment into the right-of-way of 1700 Prince Street to the owner of the property at the northeast corner of Reineker's Lane and Prince Street, by deleting all reference to the "Dominion Company" as the owner of said property and substituting therefor the name of "Jack Driscoll and Peter Labovitz Trustees." (#20 3/12/96) [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 Euille, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3852

AN ORDINANCE to amend and reordain Ordinance No. 3014, which authorizes the owner of the property at the northeast corner of the intersection of Prince Street and Reineker's Lane in the City of Alexandria, and said owner's successors in title, to maintain an encroachment into the public right-of-way of the 1700 block of Prince Street consisting of an underground parking garage.

WHEREAS, Ordinance No. 3014 (attached hereto) identifies the owner of the real property at the northeast corner of the intersection of Prince Street and Reineker's Lane (the "Property") as the Dominion Company, and authorizes the Dominion Company and its successors in title to maintain an encroachment into the public right-of-way of the 1700 block of Prince Street consisting of an underground parking garage; and

WHEREAS, at the time of the enactment of Ordinance No. 3014 on February 23, 1985, the owners of the Property were not the Dominion Company, but rather James J. Driscoll and Peter C. Labovitz, Trustees, but Ordinance No. 3014 erroneously identified the owner of the Property as the Dominion Company; and

WHEREAS, in its present form, Ordinance No. 3014 hinders the ability of the current owners of the Property, who are successors to James J. Driscoll and Peter Labovitz, Trustees, from obtaining title insurance for the Property, and these owners have requested assistance from the city in correcting the identification of the Property's owner at the time Ordinance No. 3014 was enacted; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Ordinance No. 3014, enacted on February 23, 1985, be, and the same hereby is, amended to delete all references to "the Dominion Company" as the owner of the Property and to replace each such reference with "James J. Driscoll and Peter C. Labovitz, Trustees."

Section 2. That Ordinance No. 3014, as amended by Section 1 of this ordinance, be, and the same hereby, is confirmed and ratified.

46


Section 3. That this ordinance shall be considered effective on and since February 23, 1985.

Introduction: 3/12/96
First Reading: 3/12/96
Publication: 3/13/96; 3/14/96
Public Hearing: 3/23/96
Second Reading: 3/23/96
Final Passage: 3/23/96







47

ORDINANCE NO. 3014

AN ORDINANCE authorizing the owner of property located in the 1700 block of Prince Street at the northeast corner of the intersection of Prince Street and Reineker's Lane, and its successors in title, to construct and maintain an encroachment consisting of an underground parking garage for a proposed office building into the public right-of-way of the north side of Prince Street in the City of Alexandria, Virginia.

WHEREAS, the Dominion Company is the owner of the property located in the 1700 block of Prince Street at the northeast corner of the intersection of Prince Street and Reineker's Lane in the City of Alexandria, Virginia; and

WHEREAS, Dominion Company desires to construct and maintain an underground parking garage in a proposed office building which will encroach 12 feet into the public right-of-way of the 1700 block of Prince Street and be 77 feet 6 inches in length; and

WHEREAS, the proposed encroachment will be entirely subsurface; and

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

WHEREAS, the said encroachment has been approved by the Planning Commission of the City of Alexandria, Virginia, and it is determined that this encroachment is not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Dominion Company, and its successors in title, be and the same hereby is authorized to construct and maintain an encroachment consisting of an underground parking garage below the street surface, which garage encroaches into the public right-of-way of the 1700 block of Prince Street a distance of 12 feet, is approximately 77.6 feet in length and contains approximately 930 square feet, until such encroachment is removed or destroyed, provided this authority shall not be construed to relieve such owner of liability for any negligence on its part on account of such encroachment and subject to the hereinafter contained provisions.

Section 2. That the privilege hereby granted to construct the encroachment shall be subject to verification by the owner or its successors and assigns that a bond to ensure the timely and correct construction within the encroachment area has been provided to the city.








48


Section 3. That the privilege hereby granted to construct and maintain the encroachment shall be subject to the maintaining by the owner of the encroachment of public liability and property damage insurance indemnifying the City of Alexandria, such policy to be presented to the city attorney for approval.

Section 4. That the maintenance and use of said encroachment, pursuant to the authority hereby granted, shall be considered an agreement by the owner and its successors and assigns to save harmless the City of Alexandria from any liability by reason of the use and maintenance of the said encroachment.

Section 5. That the privilege hereby granted to maintain the encroachment as herein above described shall be terminated whenever the City of Alexandria shall desire to use that portion of the public right-of-way for any purpose whatsoever and shall by written notification demand from the owner the removal of such encroachment, which removal shall be completed promptly, within no more than 30 days from the date of such notice, without cost to the City of Alexandria.

Section 6. That the title of and an informal memorandum explaining this ordinance shall be published in a newspaper of general circulation published in the city not later than five days following its introduction together with a notice containing the time and place for a public hearing. The city clerk shall have the full text of this ordinance printed in sufficient numbers to supply copies to meet request. The city clerk shall note the date of introduction and first reading, the date of publication, the date of the public hearing, and the date of the second reading and final passage in the minutes of the meeting. This ordinance shall become effective the date of its final passage.




Final Passage: February 23, 1985


49


24. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize the sale of property located at 327 North West Street in the City of Alexandria. (#21(b) 3/12/96) [ROLL-CALL VOTE]

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3853

AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located at 327 North West Street in the City of Alexandria, Virginia, to Michael C. Landi.

WHEREAS, the City of Alexandria owns the real property located at 327 North West Street in Alexandria, Virginia; and

WHEREAS, the sale of this property by the city has been submitted to and approved by the planning commission; and

WHEREAS, the city manager has recommended the sale of this property for $42,547 to Michael C. Landi; and

WHEREAS, the city council is of the opinion that the city no longer needs this property, that its disposition, according to the terms and conditions of the Agreement for Sale and Rehabilitation between the City of Alexandria and Michael C. Landi (hereinafter, the "Agreement," a copy of which is attached) will further the city's policy to remove blight, and that its sale is in the public interest; and

WHEREAS, Michael C. Landi wishes to buy this property at the price and under the terms and conditions set forth below; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sale of the real property described below to Michael C. Landi, for $42,547, under the terms and conditions contained in the Agreement, which Agreement is hereby incorporated in this ordinance as if fully set forth herein, be, and the same hereby is, approved and authorized:
50


Section 2. That the city manager be and hereby is authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the sale of the real property described in Section 1 in accordance with the terms and conditions of the Agreement, including, but not limited to, the execution and delivery of a deed and other appropriate documents.

Section 3. That the city clerk be and hereby is authorized to attest the execution of the deed and other necessary documents executed by the city manager pursuant to Section 2, and to affix thereon the official seal of the City of Alexandria, Virginia.

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

Attachment: Agreement for Sale and Rehabilitation of 327 North West Street, Alexandria, Virginia

Introduction: 3/12/96
First Reading: 3/12/96
Publication: 3/13/96; 3/14/96
Public Hearing: 3/23/96
Second Reading: 3/23/96
Final Passage: 3/23/96







51

AGREEMENT FOR SALE AND REHABILITATION
327 NORTH WEST STREET
ALEXANDRIA. VIRGINIA



This agreement for Sale and Rehabilitation of 327 NORTH WEST STREET, Alexandria, Virginia, made this 8th day of February, 1996, by and between the City of Alexandria, a municipal corporation of Virginia, (hereinafter "seller") and Michael C. Landi (hereinafter "Purchaser").

NOW, THEREFORE, in consideration of payment of Forty-Two Thousand, Five Hundred Forty-Seven Dollars ($42,547.00) and the performance of certain requirements detailed below, the seller, pursuant to Section 2.04.2(b), Charter of the City of Alexandria, agrees to sell, and the purchaser agrees to purchase, for the sales price of $42,547.00, hereinafter called "purchase price", to be paid in cash, certified check or money order to the City of Alexandria, and other good and valuable considerations, that land together with improvements thereon, known as 327 NORTH WEST STREET, Alexandria, Virginia, being approximately 1416 square feet, hereinafter designated as the "property", all upon the following terms and conditions of sale:

A. CONVEYANCE OF PROPERTY







52


B. DEPOSIT

C. PLANS AND SPECIFICATIONS
2







53




D. TIME FOR COMMENCEMENT AND COMPLETION OF CONSTRUCTION

E. CERTIFICATE OF COMPLETION
3








54


F. COVENANTS BINDING UPON SUCCESSORS IN INTEREST; DURATION

It is intended and agreed, and the deed shall so expressly provide, that the covenants provided in Paragraphs D1, G and H shall be covenants running with the land binding to the fullest extent permitted by law and quite for the benefit and in favor of, and enforceable by, seller and its successors and assigns against purchaser, its successors and assigns, and every successor in interest to the property or any part thereof or any interest therein, and any party in possession or occupancy of the property or any part thereof.

G. PROHIBITION AGAINST TRANSFER OF PROPERTY

Purchaser has not made or created, and (except as permitted under Paragraph H will not prior to the completion of the improvements as certified by seller, make or suffer to be made (1) any sale, conveyance, lease or other transfer of the property or any part thereof or interest therein, (2) any assignment of this agreement or any part thereof, or (3) any contract or agreement to do any of the same, without prior written approval of seller. For the purposes of this section, a transfer of stock or other form of ownership interest in purchaser, in whole or in part by a party holding 35 percent or more of the stock or other form of ownership interest of purchaser, or a transfer, by more than one stockholder of purchaser, of 35 percent or more of the stock or other form of ownership interest of purchaser, or any other similarly significant change in the ownership of the purchaser or with respect to the parties in control of purchaser or the degree thereof, by any other method or means, shall be deemed a conveyance of an interest in the property.

H. LIMITATION UPON ENCUMBRANCE OF PROPERTY
4







55


I. MORTGAGEES NOT OBLIGATED TO CONSTRUCT

J. LEAD-BASED PAINT REQUIREMENTS

5







56


K. ENFORCED DELAY IN PERFORMANCE

Neither seller nor purchaser, nor any successor in interest, shall be considered in breach or default of its obligations with respect to preparation of the property for rehabilitation or commencement and completion of rehabilitation of the improvements, in the event of enforced delay in the performance of such obligations due to unforeseeable cause beyond its control and without its fault or negligence. The time for the performance of the obligations shall be extended for the period of the enforced delay, as determined by seller, if the party seeking the extension shall request it in writing of the other party within ten (10) days after the beginning of the enforced delay.

L. REMEDIES
6







57


(3) Revesting title in seller upon happening of events subsequent to conveyance to purchaser. In the event that subsequent to conveyance of the property or any part thereof to purchaser, and prior to completion of rehabilitation of the improvements as certified by seller:
7







58


M. RESALE OF REACQUIRED PROPERTY, DISPOSITION OF PROCEEDS

On the revesting in seller of title to the property or any part thereof as provided in Paragraph L, seller shall use its best efforts to resell the property or part thereof (subject to such mortgage liens and leasehold interest as set forth and provided for in Paragraph L) as soon and in such manner as seller shall find feasible and consistent with the objectives of applicable law to a qualified and responsible party or parties (as determined by seller) who will assume the obligation of making or completing the rehabilitation of the improvements or such other improvements in their stead as shall be satisfactory to seller and in accordance with the uses specified for such property or part thereof. On such resale of the property, the proceeds thereof shall be applied:

First, to reimburse seller, on its own behalf for all costs and expenses incurred by seller; and
8







59


N CONDEMNATION

0. INSURANCE

P. INDEMNIFICATION
9







60


Q. CONTINGENT UPON CITY COUNCIL APPROVAL

R. CONFLICT OF INTEREST;
SELLER'S REPRESENTATIVES NOT INDIVIDUALLY LIABLE

S. ENTIRE AGREEMENT

T. PROVISIONS NOT MERGED WITH DEED
10







61


U. NOTICES

V. ACCESS

W. FORBEARANCE BY SELLER NOT A WAIVER

Any forbearance by seller in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.


IN WITNESS WHEREOF, the parties have executed this agreement this ____ day of February, 1996.

PURCHASER:

SELLER:


11



62


STATE OF VIRGINIA )
)
CITY OF ALEXANDRIA )
) to wit:

The foregoing document was subscribed and sworn to before me this ________ day of_________, 1996, by Vola Lawson, who is the City Manager of the City of Alexandria, a Virginia municipal Corporation, on behalf of said corporation.

________________________
Notary Public

My commission expires: ____________________
STATE OF VIRGINIA)

CITY OF ALEXANDRIA) to wit:

The foregoing document was subscribed and sworn to before me this _______ day of ______1996, by Michael C. Landi.
________________________
Notary Public
My commission expires:______________________
















63

ATTACHMENT 1

AGREEMENT FOR SALE AND REHABILITATION
SCHEDULE OF REPAIRS AND IMPROVEMENTS
We, the Purchaser(s) of 327 North West Street, Alexandria, Virginia hereby submit the following schedule of work to be done so as to have this property meet the agreed requirements.

1. Foundation:

2. Substructure:
3. Superstructure: 4. Exterior Closure: 5. Roofing:

6. Interior Construction:
7. Elevators:

8. Plumbing & Mechanical:
9. Electrical
10. Lead-based Paint Abatement:






64


11. Special:
Kitchen:
Fireplaces:

12. Site Work:






2







65

APPROVALS AND INSPECTIONS


1. Obtain Board of Architectural Review approval.

2. Obtain required variances from Zoning.

3. Obtain Building Permit.

4. Obtain Trade Permits:
5. Obtain Inspections:
6. Obtain Certificate of Occupancy or Code

We, the undersigned, understand that pursuant to the Sales and Rehabilitation Agreement all repairs and improvements must be completed to satisfy City of Alexandria and Commonwealth of Virginia Building and Health Code standards no later than one year from date of settlement.

______________ ________________________
If additional space is needed, use other side.
Received by:___________________
Date:_____________________
3

66
Appendix I

LEAD-BASED PAINT

Older houses and apartments of ten have layers of lead paint on the walls, ceilings, and woodwork. Outdoors, lead paints and primers may have been used in many places, such as on walls, fences, porches and fire escapes. When the paint chips off or when the plaster breaks, there is real danger of babies and young children developing lead poisoning. Children get lead poisoning when they eat bits of paint that contain lead, or ingest lead dust which clings to furniture, walls, floors and toys through mouthing of fingers.

Most children have no symptoms. When symptoms appear, they are often similar to common childhood complaints such as headaches, irritability, tiredness, loss of appetite and stomach aches. Lead poisoning can cause learning problems, behavior problems, mental retardation and even death.

Even very small amounts of lead can cause serious harm to a young child. The only way to detect lead poisoning early is to have a pediatrician or clinic perform a finger-stick blood test for lead.

The Purchaser or his contractor shall inspect for defective paint surfaces (paint on applicable surfaces that are cracking, scaling, chipping, peeling or loose). Treatment of defective paint conditions shall be included in the Purchaser's Schedule of Repairs and Improvements, which appears as Attachment 1 to the Agreement for Sale and Rehabilitation of 327 NORTH WEST STREET, Alexandria, Virginia. The Purchaser must treat defective paint surfaces by either covering or removing the defective paint surfaces. Covering may include adding a layer of gypsum wall board; a fiberglass cloth barrier; or, if wall conditions permit, wallpaper which is permanently attached and not easily removed. Methods for paint removal include scraping; heat treatment (infrared or coil type heat guns); chemicals; and, replacement of trim surfaces. Machine sanding and use of propane torches are not permitted. Washing and repainting without thorough removal or covering is not adequate.

Chewable surfaces are all chewable protruding painted surfaces up to five feet from the floor or ground which are readily accessible to children under seven years of age, e.g., protruding corners, windowsills and frames, doors and frames, and other protruding woodwork. The purchaser is required to test the lead content of chewable surfaces, unless abatement is performed without testing. Lead content shall be tested by using an x-ray fluorescence analyzer (XRF) or other method approved by HUD. Test readings of 1 mg/cm or higher using an XRF shall be considered positive for presence of lead-based paint.







67


Where interior chewable surfaces are found to contain lead-based paint, all interior chewable surfaces in any affected room shall be treated. Where exterior chewable surfaces are found to contain lead-based paint, the entire exterior chewable surface shall be treated. Treatment of chewable lead-based paint surfaces shall consist of covering or removal of the painted surface as described above for defective paint surfaces.

In lieu of the procedures for testing the lead content of chewable surfaces, the Purchaser may forego testing and abate all interior and exterior surfaces by covering or removing the painted surface as described above for defective paint surfaces.

Treatment of chewable surfaces shall be included in the Purchaser's Schedule of Repairs and Improvements, which appears as Attachment 1 to the "Agreement for Sale and Rehabilitation of 327 N. West Street, Alexandria, Virginia."

The Purchaser will provide the seller a copy of each inspection and/or test report. Lead-based paint and defective paint debris shall be disposed of in accordance with applicable Federal, state or local requirements.







2







68


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

25. SUP #95-0169 -- 3699 EISENHOWER AVENUE -- BELL ATLANTIC -- Public Hearing and Consideration of a request for a special use permit to operate a telecommunications facility with monopole and antennas, and to include a modular building; zoned UT/Utilities and Transportation. Applicant: Bell Atlantic NYNEX, by Frank W. Stearns, attorney.

26. SUP #96-0005 -- 4600 DUKE STREET, UNIT #309 -- Public Hearing and Consideration of a request for a special use permit to operate a child care center; zoned RC/Residential. Applicant: Hopkins House, by J. Glenn Hopkins.
OTHER

27. Consideration of the City Granting to the Washington Metropolitan Area Transit Authority (WMATA) an Easement Along the Eastern Boundary of Cameron Run Regional Park.
(A copy of the City Manager's memorandum dated March 21, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 27; 3/23/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the sale in concept, subject to a satisfactory appraisal and approval by the Planning Commission, and a forwarded recommendation to the City Council, and requested staff to move with expediency in terms of obtaining an appraisal so that this can be accomplished. The voting was as follows:

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







69


THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, at 2:30 p.m., the Special Public Hearing Meeting of March 23, 1996, was adjourned. The voting was as follows:

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



APPROVED BY:



___________________________________
KERRY J. DONLEY MAYOR



ATTEST:



________________________________
Beverly I. Jett, CMC, City Clerk







70




This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *

Edit History

Original Author: Anonymous
Date Entered: 12/31/1996 08:24:42 AM


Edit History:Rev.
Editor
Edit Date