Action Docket for Regular Meeting (09/24/2002)

Office of the City Clerk
September 25, 2002

Regular Meeting
Tuesday, September 24, 2002 - - 7:30 p.m.

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OPENING

1. Calling the Roll.

The Meeting was called to Order by Mayor Donley, and the Deputy City Clerk called the Roll; all Members of City Council were present.
Council Action:_________________________________________________________

2. Invocation -- Moment of Silence.

City Council observed a moment of silence and then recited the Pledge of Allegiance.
Council Action:_________________________________________________________

3. Reading and Acting Upon the Minutes of the Following Meeting of City Council:

(a) The Regular Meeting of September 10, 2002.

City Council approved the Minutes for (a) the Regular Meeting of September 10, 2002, as submitted.
Council Action:_________________________________________________________

4. Report of the City Clerk.

City Council received the Report.
Council Action:_________________________________________________________

RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL

Councilwoman Pepper introduced two outstanding youth from the Summer Youth Employment Program this past summer, Donald Anthony and Rosmell Mejia, who are both T.C. Williams students. City Council recognized these individuals for a job well-done and commended JobLink and everyone involved in providing summer work experience to the City's youth.

Councilman Speck raised a Point of Personal Privilege regarding a youth item to announce that this Saturday, throughout the City, The Lemonaide Project will set up lemonade stands where kids will be selling lemonade to raise funds for Camp Grimm, a police camp for youth, and the Child and Family Centers. He urged everyone to stop for a glass of lemonade to help the kids and these charities.
Council Action:_________________________________________________________

OPENING (continued)

New Business Item No. 1: Councilwoman Woodson introduced Dr. Massouda Jalal, the female candidate for president in Afghanistan in the recent election. Of the three candidates, two of them male, Dr. Jalal came in second. The doctor addressed the Council and audience to speak of her country and experiences as a female in Afghanistan.

5. Presentation of Proclamation Recognizing Lawrence P. Robinson on Being Named Elk of the Year.

City Council endorsed the proclamation.
Council Action:_________________________________________________________

6. Presentation of Proclamation Proclaiming the Month of October as Domestic Violence Awareness Month.

City Council endorsed the proclamation
Council Action:_________________________________________________________

7. Recognition of The Company of Sisters, Inc., for Historical Photographs and Oral Histories Given to the Alexandria Community.

Councilwoman Pepper introduced Louis Hicks, Director of the Black History Resource Center, and the members of The Company of Sisters, Inc. They are involved in documenting, by photographs and oral histories, the people who lived or worked in Alexandria in past decades in order to carry on an appreciation for the history we have in Alexandria. City Council received from The Company of Sisters two photographs depicting Alexandria senior citizens. The City Manager will find a good place to showcase these photos.
Council Action:_________________________________________________________

8. Presentation of the Alexandria Campaign on Adolescent Pregnancy's (ACAP) Get Real Magazine.

Mayor Donley presented to the City Council a copy of the Alexandria Campaign on Adolescent Pregnancy's Get Real Magazine which is trying to get the word out about adolescent pregnancy. It will be a teen magazine to come out twice a year with information about positive lifestyles. The Mayor highlighted the back of the magazine where "Get a Life -- 40 Things to Do" lists some positive things for teens to do in Alexandria and the D.C. area.
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

CONSENT CALENDAR (9-19)

Without objection, City Council removed docket item nos. 16 and 17 from the Consent Calendar and considered them under separate motions.

9. Receipt of the Following Resignations From Members of Boards, Commissions and Committees:

(a) Alexandria-Caen Exchange Committee
Gregory Jones

(b) Alexandria Commission for Women
Lisa Webster

(c) Alexandria Waterfront Committee
William H. Kuehnle

10. Uncontested Appointments to Boards, Commissions and Committees:

(a) Alexandria Commission for the Arts
1 Member Who Represents the Public-at-Large As An Arts Consumer
and Participant

(b) Alexandria Commission for Women
2 Citizen Members

(c) Alexandria Commission on Persons With Disabilities
1 Citizen Member

(d) Historic Alexandria Resources Commission
1 Representative From Planning District I

(e) Alexandria Industrial Development Authority
1 Citizen Member

(f) Alexandria Park and Recreation Commission
1 Member From Among the High School Youth of the City

(g) Alexandria Youth Policy Commission
1 Member of the Alexandria Public Health Advisory Commission

1 Citizen 18 Years of Age or Younger

11. Consideration of Submission of a Grant Application to the Virginia Department of Emergency Management to Conduct a Regional Terrorism Response Exercise Involving Alexandria's Hazardous Materials (HAZ MAT) Response Team.

12. Consideration of Submission of a Grant Application to the Virginia Department of Fire Programs to Upgrade the Fire Department's Computer Reporting System for Reports Submitted to the State.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

CONSENT CALENDAR (continued)

13. Consideration of Housing Trust Fund Budget Allocations for FY 2003.

14. Consideration of Submission of Grant Application to the Virginia Department of Health for the Office on Women's Sexual Assault Response and Awareness Program for November 1, 2002 to October 31, 2003.

15. Receipt of the Monthly Financial Report for the Period Ending August 31, 2002.

16. Authorization of Recommended Capital Project Allocations and Planned Expenditures.

17. Request to Spend Revenue Maximization Grant Fund Monies in the Department of Human Services to Recruit Additional Foster and Adoptive Homes.

18. Consideration of Submission of a Grant Application to the Virginia Department of Fire Programs to Upgrade Audio Visual Training Equipment in a Classroom at the Fire Department's Training Academy at Lee Center.

19. Consideration of Authorizing the City Manager to Sign the Memorandum of Understanding to Accept the Gift of a Shipbuilder Statue.

END OF CONSENT CALENDAR

City Council approved the Consent Calendar with the exception of docket item nos. 16 and 17 which were considered under separate motions. The City Manager's recommendations are as follows:

9. City Council received the following resignations with regret: (a) Gregory Jones from the Alexandria-Caen Exchange Committee; (b) Lisa Webster from the Alexandria Commission for Women; and (c) William H. Kuehnle from the Alexandria Waterfront Committee; and requested the Executive Secretary for Boards and Commissions to send the appropriate letters of appreciation and to advertise the vacancies in the usual manner.

10. City Council (a) appointed Victor Ciardello as a Member Who Represents the Public-at-Large as an Arts Consumer and Participant to the Alexandria Commission for the Arts; (b) appointed Olga Trujillo and Abbie Wheeler as Citizen Members to the Alexandria Commission for Women; (c) appointed Ruth Soto as a Citizen Member to the Alexandria Commission on Persons with Disabilities; (d) reappointed Kleber Masterson, Jr. as a Representative from Planning District I to the Historic Alexandria Resources Commission; (e) reappointed Roger Machanic as a Citizen Member to the Alexandria Industrial Development Authority; (f) appointed Jessica Schneller as a Member from Among the High School Youth of the City to the Alexandria Park and Recreation Commission; and (g) appointed Jerome Cordts as a Member of the Alexandria Public Health Advisory Commission and Raymond Ejiofor as a Citizen 18 Years of Age or Younger to the Alexandria Youth Policy Commission.

11. City Council: (1) approved this grant award, totaling $10,000, from the Virginia Department of Emergency Management (VDEM); and (2) authorized the City Manager to execute all documents that may be required.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

CONSENT CALENDAR (continued)

12. City Council: (1) approved this grant submission to the Virginia Department of Fire Programs; and (2) authorized the City Manager to submit this application for State assistance.

13. City Council approved the following new Housing Trust Fund allocations for FY 2003: (a) $51,500 for the Employer Assisted Housing (EAH) program; and (b) $104,100 for homeownership counseling. The Affordable Housing Advisory Committee (AHAC) has approved these allocations. In the version approved by AHAC, $11,500 for EAH counseling was included in the Homeownership Counseling budget. Staff has moved those funds to the EAH allocation for consistency with the previous (FY02) allocation.

14. City Council approved this request, which will result in continuing to fund one .50 FTE Outreach Prevention Specialist for the Office on Women's Sexual Assault Response and Awareness (SARA) Program's Sexual Assault Prevention and Education Project. The Department of Criminal Justice Services currently provides funding for the remaining .50 FTE. The Outreach Prevention Specialist position will continue to be supervised by the Coordinator of the Sexual Assault Response and Awareness Program. This grant-funded position would terminate upon the expiration of the grant, and the individual who fills this position would be notified of this condition of employment at the time that they are hired. It should be noted that there are no funds available in the City budget to continue these activities once the grant funds are expired.

City Council: (1) Approved the submission of the grant application to the Virginia Department of Health for funding in the amount of $30,192 for continued funding of the Sexual Assault Prevention and Education Project; (2) Approved the continuation of .50 FTE of a full-time grant-funded Outreach Prevention Specialist position; and (3) Authorized the City Manager to execute all documents that may be required.

15. City Council received the Monthly Financial Report for the period ending August 31, 2002.

16. Councilwoman Woodson reported meeting with Arlandria residents who feel they are losing their identity when they are constantly considered only to be part of Upper Potomac West. She reminded staff that Arlandria is a community in Upper Potomac West, but she asked that they try to help the community of Arlandria to retain its identity by referring to it directly.

Transportation and Environmental Services Deputy Director Culpepper answered Councilwoman Woodson's questions about the status of traffic calming and reported that the recommendations will be coming to Council this fall.

City Council authorized the capital project allocations and planned expenditures for the capital projects as detailed in the Capital Improvement Expenditure Summary (Attachment 1 to the City Manager's memorandum). (Separate Motion)

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

CONSENT CALENDAR (continued)

17. Assistant City Manager Jinks addressed Councilwoman Eberwein's concerns about the continued funding of this worthwhile program, assuring her that these are federal grant dollars that we can draw down for new services like this, and it is pretty assured to be a constant revenue stream. She requested that when this comes back to Council, she would like some facts on the success rate that we achieved by increasing the number of in-City foster homes based on this grant, and then think about making it a permanent part of the department budget. Councilwoman Eberwein stressed this is something that should be a goal for the City, particularly in light of some of the recent misfortunes we have had. She asked that if for some reason we find that once the grant funding runs out we cannot get additional grant funding, that we look closely at the personnel in their department and make any kind of changes we need to have that function continue, assuming that we have a reasonable success rate with it.

Mr. Jinks responded to Councilwoman Woodson's question about whether there are other dollars out there in the Revenue Maximization Grant Fund Monies so that perhaps we can maximize other programs in Human Services. She asked that he continue to look into these programs. Mr. Jinks will come back to Council with a report which explains the program, shows the funding and where the dollars have gone to date. He explained this is a very aggressive program to find every dollar that we can that is eligible under federal funding and to pull those dollars down and then use them for enhancing social services in the City.

City Council approved the spending of additional grant revenues currently located with the Department of Human Services to help support the foster families who currently share their homes with the City's children and to allow for recruitment of additional foster and adoptive homes. The additional revenues will allow the conversion of a part-time Social Worker II position to a full-time Social Worker II position in the Department of Human Services. This grant-funded position will terminate upon the expiration of the grant funds, and the individual who will fill the position will be notified of the condition of employment at the time they are hired and will sign an agreement of understanding regarding this condition of employment. (Separate Motion)

18. City Council: (1) approved this grant submission to the Virginia Department of Fire Programs; and (2) authorized the City Manager to submit this application for State assistance.

19. Councilman Speck asked for clarification from staff if we have any idea of future costs we will incur when these costs become the responsibility of the City at the conclusion of the nine-year period in which the donor handles maintenance, repair and restoration of the statue. Recreation, Parks and Cultural Activities Director Whitmore reported that polishing the bronze on a regular basis would be necessary, but they foresee no major problems. She explained this is the standard for this type of gift, that at some point the City takes on essentially all liability. City Attorney Pessoa related that the City will not be obligated to replace or restore this statue if something serious happens to it. Under the Visual Artists Rights Act, the City has limitations on what we can do to it voluntarily, but if it is struck by lightning, or something like that, and is destroyed, then there is no requirement that we repair or replace the statue.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

CONSENT CALENDAR (continued)

City Council authorized the City Manager to sign the Memorandum of Understanding among the City of Alexandria, the Friends of Public Art for the Year of Celebration, and the artist, Michael Curtis (Attachment 1 to the City Manager's memorandum). The execution of the memorandum by the City Manager shall constitute conclusive evidence of his approval, and that of the City Attorney, of any and all changes from the contract in the form presented to Council.

END OF CONSENT CALENDAR
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

20. Receipt of Report from the Citizen Committee Appointed to Review Council Compensation.

Assistant City Manager Evans replied to Councilwoman Eberwein that she will add an additional footnote to clarify the report that the City does offer health insurance to Council, but it is at their own expense.

City Manager Sunderland asked for clarification on whether Council wants a Public Hearing on the issue or on the ordinance. The Mayor asked for two hearings, one on the issue and one on any ordinance that comes forward.

City Council received this report and scheduled a public hearing on the matter. Council requested staff to solicit specific, written comments from the League of Women Voters, Chamber of Commerce and both political parties.
Council Action:_________________________________________________________

21. Consideration of Establishment of a Capital Development Office for the City of Alexandria.

City Council received the report and scheduled a Public Hearing. [Cleveland and Pepper voting no.]
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

None

REPORTS BY MEMBERS OF CITY COUNCIL

(a) Mayor Donley reported on the progress of the Eisenhower-to-Duke Task Force which has met twice so far this month and will meet again this week to draft a report to Council. The Task Force was deadlocked on the no-build alternatives and does not have a build recommendation to report. Council charged the Task Force to come up with one no-build option and two build options, but the Task Force was unable to come up with those recommendations.
Council Action:_________________________________________________________

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL

(a) Councilwoman Eberwein brought to Council's attention that COG has put out a new map for linking land use and transportation planning. It is a very complete document and very appropriate for us to take a look at. She encouraged Council to get a copy of this from COG.

(b) Councilwoman Eberwein questioned T&ES Deputy Director Culpepper about whether the Connector is a highway in and of itself. The information that has gone out has said that it is four lanes or less, no more than four lanes, but she wanted to know whether staff has explored other alternatives besides four lanes.

Mr. Culpepper reported that in preparing the analyses that were presented to the Task Force, and for the purposes of location comparisons, they were all based on a cross-section which had four lanes. Specific subanalyses that looked at two- or three-lane alternatives weren't carried out analytically; however, they have been addressed in general terms as real possibilities as we go from the location selection stage to a concept design stage. Typically, that would be where those would be explored in detail. Based on the available traffic projections, they look like very strong potentials, but it is the same potential for all the build alternatives so it really isn't a basis for making a location decision so much as going to a final build decision. Mr. Culpepper will come back to Council with an analysis of negative traffic impacts and what kind of difference there would be.

In response to Mayor Donley, Mr. Culpepper explained that the next step in this process is a much more thorough analysis, specifically an environmental impact analysis. As a part of the environmental impact study, we would expect to go forward with this and look at some possibilities to mitigate any adverse impacts based on the more detailed study and the preferred alignment. Staff analysis has not looked at a six-lane alternative nor has it been suggested by the traffic projections as being needed. The Mayor explained that he asked these questions to put it on the record in response to a flyer being circulating that says this is four- to six-lane road; it is not. The flyer also describes it as a highway; it is not. The author of the flier has taken editorial liberties with the facts in putting this out.

Councilwoman Eberwein explained that she had raised this subject to deal with the perception that it is four lanes or more, and to let public know that Council is interested in exploring other options with the size of the Connector. Once you build a flyover it would be prohibitively expensive to add lanes to it. Councilman Speck and Councilwoman Pepper participated in the discussion.

(c) Councilwoman Woodson reported on a report on the census published by the COG planning committee on which she and Councilwoman Eberwein serve.

(d) Councilwoman Woodson again reminded everyone that the Walk to Fight Breast Cancer is on October 26 at 8:30 a.m. at Cameron Regional Park, and encouraged everyone to participate. They have raised close to $60,000 in pledges so far. Call 838-5030 for information.

ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL (continued)

(e) Councilwoman Woodson reported on a meeting of a coalition of organizations and individuals who met at Minnie Howard last Saturday morning to discuss issues of concern to their community. Those issues included education, housing, employment, recreation and police. The organizations were the NAACP, the NCBW, the Elks, the Masons, the Developmental Progressive Club, and there were a number of concerned citizens. The 75 to 80 people in attendance came up with issues and made recommendations as opposed to just identifying problems. These recommendations will be presented to the City Manager and Superintendent of Schools for review and possible implementation. This meeting will be rebroadcast by Comcast on September 25 at 9 p.m. and on September 28 at an unknown time, on cable channel 69.

(f) Councilman Euille--dressed in full Scottish regalia--presented gifts to Mayor Donley on behalf of the Lord Provost of Dundee, Scotland. Councilman Euille reported on his recent trip to Dundee to help celebrate its 40-year sister city relationship with Wurzburg, Germany. He noted that all six travelers paid their own expenses.

(g) Councilman Speck brought up a problem with bicyclists running through stop signs and lights without stopping, and he wanted to find out what can be done to change their behavior. Police Chief Samarra agreed that this is not an education issue, and he will have his officers look out for violators. They can receive a citation, similar to a traffic violation for failure to stop at a stop sign, which can cost $50 and a court appearance.

Mayor Donley stated that COG is having a press conference to discuss safety measures it will be taking, and he suggested that maybe we could look at more bike routes within the City.

(h) Mayor Donley announced that Councilwoman Woodson will be joining Councilman Speck and him on the Legislative Committee this session. These meetings have been noticed in the past and will continue to be posted. The first meeting will be on October 2 to begin developing the City's legislative package.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

22. Consideration of Resolution Endorsing the Department of Transportation and Environmental Services Obtaining Accreditation from the American Public Works Association (APWA). [ROLL-CALL VOTE]

City Council adopted the resolution endorsing the Department of Transportation and Environmental Services' efforts to obtain accreditation from the American Public Works Association (APWA); and (2) authorized the Director of Transportation and Environmental Services to forward this resolution to the APWA. RES. NO. 2042
Council Action:_________________________________________________________

23. Consideration of a Resolution Endorsing the Parks and Recreational Facilities General Obligation Bond Referendum. [ROLL-CALL VOTE]

City Council adopted the general obligation bond resolution.
RES. NO. 2043
Council Action:_________________________________________________________

OTHER

24. Consideration of City Council Schedule.

City Council: (1) scheduled a work session on Upper Potomac West at 6:00 p.m. before Council's Tuesday, October 8 legislative meeting; (2) scheduled a work session on Eisenhower East at 6:00 p.m. before Council's Tuesday, December 10 legislative meeting; and (3) noted the following events that have been added to the Council Calendar: (a) the ribbon cutting ceremony and grand opening kickoff of the Eisenhower Recycling Center on Saturday, October 19, at 8:30 a.m.; (b) a work session on the Eisenhower-to-Duke Connector before Council's Wednesday, October 23 legislative session, at 5:30 p.m., in the Council Chambers; (c) a Special Public Hearing on the Eisenhower-to-Duke Connector on Tuesday, October 29, at 7:00 p.m., in the Council Chambers; and (d) the Scottish Christmas Walk parade on Saturday, December 7 (time to be determined).
Council Action:_________________________________________________________

New Business Item No. 2: Councilman Euille recognized the journalism students from George Washington University who were attending the Council meeting.

CONTESTED APPOINTMENTS

25. Alexandria Early Childhood Commission
1 Member-at-Large

City Council reappointed Nancy Busick as a Member-at-Large to the Alexandria Early Childhood Commission.
Council Action:_________________________________________________________

26. Historic Alexandria Resources Commission
1 Representative From Planning District II

City Council reappointed Patrick Butler III as a Representative from Planning District II to the Historic Alexandria Resources Commission.
Council Action:_________________________________________________________

27. Alexandria Park and Recreation Commission
1 Member From Planning District II

City Council appointed Picot Chappell as a Member from Planning District II to the Alexandria Park and Recreation Commission.
Council Action:_________________________________________________________

EXECUTIVE SESSION

28. Consideration of the Convening of an Executive Session to discuss settlement of actual and probable litigation involving the City, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia.

At 9:48 p.m., City Council convened in executive session at this time, pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, for the purpose of consulting with legal counsel and staff with respect to the settlement of the following claims against the City: an automobile accident claim pending in the Alexandria Circuit Court, styled Tashawana Green v. Anne W. Ellis, et al.; a claim pending before the Virginia Workers' Compensation Commission, styled Loralyn Key v. the City of Alexandria; and an FLSA claim pending in the United States District Court for the Eastern District of Virginia, styled Alexandria Committee of Police, Local 5, et al. v. the City of Alexandria; and pursuant to Section 2.2-3711(A)(3) of the Code of Virginia, for the purpose of discussing the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City.

At 10:25 p.m., City Council reconvened the meeting.

City Council authorized the City Attorney to settle the three claims which were the subject of the executive session along the lines discussed in the executive session.

City Council adopted the resolution pertaining to the Executive Session.
RES. NO. 2044
Council Action:_________________________________________________________

The Meeting was adjourned at 10:28 p.m.

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Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal Minutes of the meeting, when approved by Council, become the official record of the meeting and of Council decisions made at the meeting.

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Public Notices

On October 2, 2002, at 4:30 p.m., there will be a Legislative Committee Meeting in the Council Workroom, City Hall, 301 King Street, Alexandria, VA.

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The City Council has been invited to a community meeting of the Planning Commission on the East Eisenhower Planning Study on Wednesday, September 25, 2002. The meeting will be held in the Council Work Room, 2nd Floor, City Hall, beginning at 7:30 p.m.

The agenda will include a review of the refined elements of the concept plan for the area. Presentation and discussion of the ideas and concepts will take place.

It is possible that more than two Members of Council could be present.

For additional information, please call the Planning Department at 703-838-4666.

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This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council. Meeting materials are also available on-line at https://alexandriava.gov/council.

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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.

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