1. Calling the Roll. The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all the members of Council were present. Council Action:_________________________________________________________ 2. Moment of Silence and Pledge of Allegiance. City Council observed a moment of silence and recited the Pledge of Allegiance. Council Action:_________________________________________________________ 3. Reading and Acting Upon the Minutes of the Following Meetings of City Council: (a) The Regular Meeting Minutes of November 19, 2008; and (b) The Regular Meeting Minutes of November 25, 2008. City Council approved the regular meeting minutes of November 19, 2008, and the regular meeting minutes of November 25, 2008. Council Action:_________________________________________________________ RECOGNITION OF YOUTH BY MEMBERS OF CITY COUNCIL 4. Presentation of Proclamations and Recognition of the Alexandria Little League and the Alexandria Youth Football Teams. City Council endorsed the proclamations. Council Action:_________________________________________________________ PROCLAMATIONS 5. Presentation of a Proclamation Declaring December 31, 2008 as Fair Weather Day Throughout the City of Alexandria. City Council endorsed the proclamation. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER CONSENT CALENDAR (6-22) (Resignations and Uncontested Appointments) 6. Receipt of the Following Resignations From Members of Boards, Commissions and Committees: (a) Alexandria Youth Policy Commission Alison DeCourcey 7. Uncontested Appointments to Boards, Commissions and Committees: (a) Alexandria Beautification Commission 1 Citizen Member (b) Alexandria Commission on Employment 1 Citizen Member (c) Alexandria Commission on Persons With Disabilities 3 Citizen Members (Two of Whom Must Have A Disability) (d) Alexandria Consumer Affairs Commission 1 Citizen Member (e) Alexandria Early Childhood Commission 1 Member-at-Large (f) Alexandria George Washington Birthday Celebration Committee 1 Citizen Member (g) Historic Alexandria Resources Commission 1 Member Nominated by Carlyle House 1 Member Nominated by Old Presbyterian Meeting House (h) Alexandria Potomac Yard Design Advisory Committee 1 Member Representing the Potomac East Area 1 Qualified Professional Skilled in Architecture (i) Alexandria Public Health Advisory Commission 1 Representative From the Alexandria Neighborhood Health Services, Inc. Board of Directors Nominated by Such Board (j) Alexandria Public Records Advisory Commission 1 Citizen Member (k) Alexandria Social Services Advisory Board 1 Citizen Member (Reports and Recommendations of the City Manager) 8. Consideration of a Grant Application to the National County and City Health Officials to Support an Obesity Prevention and Coalition Building Initiative by the Healthy Lifestyles Work Group of the Partnership for a Healthier Alexandria. 9. Request to Vacate a Position on the Alexandria Commission on Persons with Disabilities. 10. Consideration of Funding Allocation for Rebuilding Together Alexandria. 11. Receipt of the 2008 Annual Report and Plant Survey from Comcast Cable Communications, Inc. 12. Receipt of the 2008 Comcast Cable Communications Inc. Annual Subscriber Survey Report. 13. Receipt of the Annual Report from the Public Records Advisory Commission. (Ordinances for Introduction) 14. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the City’s Purchasing Regulations to Conform To Recent Changes in State Law. 15. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Establish the Open Space Trust Fund Funding Level for Calendar Year 2009. 16. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Provide Enhanced Enforcement Against Littering and Related Offenses. 17. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the City’s Vehicle Impound Regulations to Conform To Recent Changes in State Law. 18. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Master Plan to Incorporate Approved Changes Within the Potomac Yard Plan Area. 19. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Zoning Ordinance to Incorporate Approved Changes Within the Potomac Yard CDD. 20. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Zoning Ordinance to Simplify Small Business Approval Procedures and Standards. 21. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Master Plan to Incorporate Approved Changes Within the Braddock East Plan Area. 22. Introduction and First Reading. Consideration. Passage on First Reading of an Ordinance to Amend the Zoning Ordinance to Incorporate a New CDD Within the Braddock East Plan Area. END OF CONSENT CALENDAR City Council approved the consent calendar, with the exception of docket items #7(h) and 8, which were considered under separate motions. The City Manager's recommendations were as follows: 6. City Council accepted the following resignation with regret: (a) Alison DeCourcey, Alexandria Youth Policy Commission. 7. City Council made the following appointments: (a) reappointed Rick Tedesco as the one citizen member to the Alexandria Beautification Commission; (b) appointed Hector Huezo as the one citizen member to the Alexandria Commission on Employment; (c) reappointed Chester Avery (identified a disability), Tom Sachs and Pat Troy (identified a disability) as the three citizen members (two of whom must have a disability) to the Alexandria Commission on Persons With Disabilities; (d) appointed Karen Woody as the one citizen member to the Alexandria Consumer Affairs Commission; (e) appointed Sherry Delaney as the one member-at-large to the Alexandria Early Childhood Commission; (f) appointed Laurie Wavering as the one citizen member to the Alexandria George Washington Birthday Celebration Committee; (g) reappointed Douglas Thurman as the one member nominated by the Carlyle House and reappointed Althea Burns as the one member nominated by the Old Presbyterian Meeting House to the Historic Alexandria Resources Commission; (h) reappointed Sylvia Sibrover as the one member representing the Potomac East Area and appointed Russell Kopp as the one qualified professional skilled in architecture to the Alexandria Potomac Yard Design Advisory Committee (separate motion); (i) appointed Gene Kendall as the one representative from the Alexandria Neighborhood Health Services, Inc. Board of Directors nominated by such board to the Alexandria Public Health Advisory Commission; (j) reappointed Nils Kandelin as the one citizen member to the Alexandria Public Records Advisory Commission; and (k) appointed Whitney Dubinsky as the one citizen member to the Alexandria Social Services Advisory Board. 8. City Council: 1. authorized the submission of a grant application in the amount of $15,000 (with an opportunity for an additional $25,000 that will be awarded upon completion of NACCHO's initial grant planning requirements.) The grant application was submitted on December 8, contingent on Council approval, since notification of the grant opportunity came too late for prior approval; 2. affirmed that, due to severe City budget constraints, no additional City funds will be available to fund this program in FY2010 or future years; and 3. authorized the City Manager to execute all necessary documents that may be required. (separate motion) 9. City Council declared as vacant one of the citizen positions on the Alexandria Commission on Persons with Disabilities and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy. 10. City Council: 1. approved a grant of $35,000 in Housing Trust Fund monies to Rebuilding Together Alexandria to fund its activities in FY 2009; and 2. authorized the City Manager to execute all necessary documents and agreements. 11. City Council received the Comcast 2008 Annual Report and Plant Survey. The Commission on Information Technology reviewed the results of the report at its November 17 meeting and approved the staff analysis and also recommends that Council receive the report. 12. City Council received the 2008 Annual Subscriber Survey Report from Comcast. The Commission on Information Technology monitored the survey interviews during its July meeting, reviewed the results of the Comcast 2008 Subscriber Survey report at its November 17 meeting and approved the staff analysis, and also recommended that the Council receive the report. 13. City Council received the report of the Public Records Advisory Commission and thanked the Commission for their efforts on behalf of the City. 14. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. 15. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. 16. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. 17. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. 18. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. 19. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. 20. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. 21. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. 22. City Council passed the ordinance on first reading and scheduled it for public hearing, second reading and final passage on Saturday, December 13, 2008. Council Action:_________________________________________________________ CONTESTED APPOINTMENTS 23. Alexandria-Caen Sister City Committee 1 Citizen Member City Council reappointed Mark Delligatti as the one citizen member to the Alexandria-Caen Sister City Committee. Council Action:_________________________________________________________ 24. Alexandria George Washington Birthday Celebration Committee 1 Member Nominated by the First Virginia Regiment of the Continental Line City Council waived the residency requirement and appointed Thomas Marshall Smith as the one member nominated by the First Virginia Regiment of the Continental Line to the Alexandria George Washington Birthday Celebration Committee. Council Action:_________________________________________________________ 25. Alexandria Library Board 1 Citizen Member City Council reappointed Dorothy Koopman as the one citizen member to the Alexandria Library Board. Council Action:_________________________________________________________ 26. Alexandria Sister Cities Committee 2 Citizen Members City Council reappointed Holly Beardow and Mary Jo Johnson as the two citizen members to the Alexandria Sister Cities Committee. Council Action:_________________________________________________________ 27. Alexandria Social Services Advisory Board 1 Citizen Member City Council deferred this appointment and asked that it be readvertised. Council Action:_________________________________________________________ REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER FOR DISCUSSION 28. Consideration of the Report From the Council Committee on Boards and Commissions. (#22B, 6/24/08, #5, 10/18/08) City Council received the report and adopted the following recommendations: 1. modify reference section of Personal Data Form to include list of names and addresses of four references that the applicant has contacted and support their application; 2. codify all standing committees created via resolution or docket item and task forces that have become ongoing groups; 3. require annual reports to be submitted that include a statement of specific goals for the coming year and submit the report with the Annual Attendance Report; 4. do not change the current residency waiver policy; 6. groups that meet on a monthly basis should determine whether they can meet on a bi-monthly or quarterly basis; 7. abolish the following groups that have completed their tasks (Ad Hoc Task Force to Review new Police Facility Sites, Ad Hoc Transportation Policy and Program Task Force, Potomac Yard Fire Station and Affordable Housing Task Force, and Transportation Safe Commission); 8. expand the role of the Beautification Commission to deal with beautification of City portals and tie this effort to the City's overall marketing efforts; 9. rewrite the mission statement of the IT Commission to reflect 21st century technology with the City using the group as a sounding board. Telecommunications oversight, as well as cable subscriber complaints to be transferred to Consumer Affairs Commission; 10. restructure the member of the Commission on HIV/AIDS by broadening the positions and reducing its size; 11. Fair Housing Testing Program Advisory Committee and Affordable Housing Advisory Committee (AHAC) should be combined for better efficiency of operations; 12. Unless specified by federal, state or City legislation, after serving 10 consecutive years on any board, commission or committee, at the expiration of the current term, the incumbent would not be eligible for immediate reappointment to that group, but can apply for the next vacancy. Incumbents as of the effective date of the ordinance would be eligible for at least one more consecutive term. Limitation would not apply to policy-making and/or regulatory authority. Recommendations from the public hearing: 3. add a sentence to the letter notifying the incumbents of term expirations that encourages them to look for other opportunities to serve, with a copy to the board members eight weeks in advance; 4. request that each advisory group develop a strong recruiting mechanism to attract the best candidates for board and commission vacancies; 5. request each group to develop a leadership plan and make that plan and the recruitment plan a required element of their annual report, and the leadership plan should clearly include a regular cycle for turnover of leadership positions on their board; and 6. limit the number of task forces that one person can serve on to: one full-time committee by Council, one designated representative nominated by that committee to another full-time committee, and one temporary committee of any type. Council Action:_________________________________________________________ 29. Presentation of the Study of the Department of Recreation, Parks and Cultural Activities by Matrix Consultants. City Council: 1. received the study; 2. referred the study to the Park and Recreation Commission and requested that they provide City Council with their comments by February 2009, with a copy to go to the Budget and Fiscal Affairs Advisory Committee; and 3. scheduled the study for discussion at a future Council work session in March. Council Action:_________________________________________________________ 30. Consideration of a Report on Proposed Changes in Delinquent Tax Collection Methods. (#22, 11/25/08) City Council: 1. received the report; 2. approved the use of additional delinquent tax enforcement and collection methods, including bank liens, wage liens, third party liens, real estate liens, credit agency reporting, till taps, more frequent use of collection agencies, use of seizures, use of the State set-off-debt to collect delinquent real estate taxes, expansion of the DMV Stop Program to include business vehicles as outlined in this report, and annual reporting of tax delinquencies to credit reporting agencies; 2. approved using more frequent and aggressive tax collection methods only after other tax collection methods, such as a series of late or delinquent tax notification letters, do not induce the taxpayer to settle his or her delinquent taxes with the City; 3. retain the annual issuance of the windshield vehicle decal, and fully implement Vehicle Automatic Registration; and 4. continue to explore the use of tax payment bonds for restaurant meals and transient occupancy taxes where the business establishes a pattern of late payment of consumer-paid taxes. Council Action:_________________________________________________________ 31. Report on Calendar Year 2008 Grants and Other Special Revenue Funds. City Council: 1. received the report; and 2. referred it to the Budget and Fiscal Affairs Advisory Committee for review and comment on policies and procedures related to pursuit, approval, and reporting of grants from State and Federal sources, as part of its FY 2010 budget review by February 15, 2009. Council Action:_________________________________________________________ 32. Termination of Citywide Wireless Network Franchise with Earthlink, Inc. City Council authorized the City Manager to execute a settlement agreement with EarthLink, Inc., substantially in the form reflected in the attachment, to terminate the wireless network franchise previously awarded to EarthLink, Inc. Council Action:_________________________________________________________ ORAL REPORTS BY MEMBERS OF CITY COUNCIL and ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL (a) Councilman Gaines thanked the second grade class at Cora Kelly who invited him to participate in their elect to read program last month. (b) Councilman Gaines mentioned recognition of Earl Stafford, Sr., and his family and foundation at Alfred Street Baptist Church, who have received national attention by providing $1 million toward the inauguration to invite disadvantaged persons from all over the country to participate. The foundation has pledged $.5 million to provide participants with tuxedos and ball gowns, and it is a remarkable example of philanthropy and caring, and he hoped the City would find a way to recognize Mr. Stafford and his family. (c) Councilman Smedberg said the new Marketing Fund had a first round of grants which went very well, and he highlighted one of the projects approved by the group - the Old Town Boutique District, which has been getting a lot of press. He said it is an example of the kind of projects being brought forward by the group, and they are also planning a Marketing 101 for groups that are or might be interested in applying to the marketing fund to get the basic information. (d) Councilman Smedberg said there is a building at King Street and Union Street, which is vacant and is up for action. There are two big banners and signs, and he asked if there were rules as to how much can go up. He also noted that they have been looking for a visitor center building for the ACVA and asked if the City had thought of buying that building. (Councilman Gaines left the meeting at this time - 9:10 p.m.) (e) Vice Mayor Pepper presented a certificate to Mayor Euille of the ASTD in recognition of the City being named as one of their champions of learning. (f) Councilmember Lovain said he also met with the Cora Kelly kids and had a great time. (g) Councilmember Lovain said he attended a briefing last Thursday by the Department of the Army and Duke Realty about the plans at the Mark Center site. They will have 6,400 employees and it will have a transportation impact, as 68 percent of them will come by single occupancy vehicle. He said they are considering a direct lane from the HOV bus ramp directly into the site. The western terminus of the street car project is one short mile from the Mark Center and is a great way to improve mobility. (h) Mayor Euille congratulated the Campagna Center on a very successful Scottish Christmas Walk Parade this past Saturday. (i) Mayor Euille said he has been talking about the need for the City to monitor and look at the needs and take advantage of the Federal Economic Stimulus Package funding. He said he and Councilmember Lovain have had a dialogue because Councilmember Lovain is monitoring that as result of what he does for his company. He said they need to elevate it so they are doing something about it. Mayor Euille said he would appoint himself and Councilmember Lovain to work with the City Manager, Budget staff and the Legislative Director to monitor it and identifying what the needs are to go after the funding. Council Action:_________________________________________________________ ORAL REPORT FROM THE CITY MANAGER City Manager Hartmann introduced new Human Resources Director Cheryl Orr. Director of Transportation and Environmental Services Baier spoke about the Climate Communities Blueprint. Council moved to endorse "Empowering Local Government-Climate Action-Blueprint for the New President and 111th Congress" and directed staff to consider the action items in the Blueprint as it develops the City's Climate Action Plan and track their progress at the federal level. Council Action:_________________________________________________________ ORDINANCES AND RESOLUTIONS 33. Consideration of a Resolution to Amend and Restate the City of Alexandria Plan for Firefighters and Police Officers (Closed Plan.) [ROLL-CALL VOTE] City Council adopted the resolution regarding the proposed fifth amendment to the Plan. The changes in the amendment are necessary: 1. To comply with rulings of the federal Pension Protection Act of 2006 so that the Plan will maintain its tax-preferred status; 2. to make technical corrections that add, delete, or modify Plan document language to clarify Plan administration; and 3. to restate the Plan document to combine the Plan document last restated effective December 31, 2001, and all post-adoption amendments into one document. (RES. NO. 2306) Council Action:_________________________________________________________ 34. Consideration of a Resolution to Amend and Restate the City of Alexandria Retirement Income Plan for Deputy Sheriffs, Emergency Rescue Technicians and Fire Marshals. [ROLL-CALL VOTE] City Council adopted the resolution regarding the proposed third amendment to the Plan. The changes in the amendment are necessary: 1. To comply with rulings of the federal Pension Protection Act of 2006 so that the Plan will maintain its tax-preferred status; 2. to make technical corrections that add, delete, or modify Plan document language to clarify Pension Plan administration or to eliminate provisions that are no longer relevant; and 3. to restate the Plan document to combine the most recent restatement in 2001 and all post-adoption amendments into one document. (RES. NO. 2307) Council Action:_________________________________________________________ 35. Consideration of a Resolution to Amend and Restate the City of Alexandria Supplemental Retirement Plan. [ROLL-CALL VOTE] City Council adopted the resolution regarding the proposed fifth amendment to the Plan. The changes in the amendment are necessary: 1. To comply with rulings of the federal Pension Protection Act of 2006 so that the Plan will maintain its tax-preferred status; 2. to make technical corrections that add, delete, or modify Plan document language to clarify Pension Plan administration; and 3. to restate the Plan document to combine the January 1, 1999 Restatement and subsequent amendments into one document. (RES. NO. 2308) Council Action:_________________________________________________________ 36. Consideration of a Resolution to Amend and Restate the City of Alexandria Firefighters and Police Officers Pension Plan. [ROLL-CALL VOTE] City Council adopted the resolution regarding the proposed eighth amendment to the Plan. The changes in the amendment are necessary: 1. To comply with rulings of the federal Pension Protection Act of 2006 so that the Plan will maintain its tax-preferred status; 2. to add to or modify Plan Document language to clarify Plan administration; 3. to allow the Plan Board to operate with the adopted election rules while having the flexibility to amend these rules as circumstances merit; and 4. to restate the Plan Document to combine the original 2004 Plan Document and all post-adoption amendments into one document. (RES. NO. 2309) Council Action:_________________________________________________________ 37. Consideration of a Resolution Extending the Term of the Affordable Housing Initiatives Work Group. [ROLL-CALL VOTE] City Council: 1. repealed Resolution No. 2240 which replaced the previous Resolution No. 2195 that established a work group on affordable and workforce housing, now known as the Affordable Housing Initiatives Work Group; and 2. adopted the resolution to extend the term of the Affordable Housing Initiatives Work Group through March 31, 2009. (RES. NO. 2310) Council Action:_________________________________________________________ OTHER 38. Consideration of City Council Schedule. City Council: 1. will convene an executive session to interview one applicant for the Alexandria Redevelopment and Housing Authority Board on Tuesday, January 13, 2009 at 6:30 p.m. in the Council Work Room; 2. reserved dates for the preliminary schedule for FY 2010 budget discussions (dates will be docketed for action on December 13, 2008); and 3. received the revised calendar which includes: the 32nd Annual Hanukkah Celebration at INOVA Alexandria Hospital on Tuesday, December 23 at 6:00 p.m. in the Atrium, 4320 Seminary Road; the Northern Virginia Conservation Trust's 8th Annual Conservation Breakfast on Thursday, January 8 at 8:00 a.m. at the Mark Center Hilton, 5000 Seminary Road; the Community Martin Luther King, Jr. celebration on Thursday, January 15 at 7:30 p.m. at Westminster Presbyterian Church, 2701 Cameron Mills Road; the Green Buildings Forum on Wednesday, January 28 at 7:00 p.m. (location to be determined); and the Salute to Women Awards Banquet on Monday, March 30 at 6:00 p.m. at the Crowne Plaza Old Town, 901 North Fairfax Street. Council Action:_________________________________________________________ EXECUTIVE SESSION 39. Consideration of Convening An Executive Session Closed to the Public To Discuss Utility Franchise Issues. At 9:30 p.m., City Council convened in Executive Session, pursuant to Section 2.2-3711(A)(7), of the Code of Virginiafor the purpose of discussing the terms and conditions of a public utility franchise. At 10:02 p.m., City Council reconvened the meeting. City Council adopted the resolution pertaining to the Executive Session. (RES. NO. 2311) Council Action:_________________________________________________________