1 COUNCIL CHAMBER - August 19, 2019 ROLL CALL The Charlottesville City Council met in regular session on August 19, 2019, with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill, Ms. Kathy Galvin, and Mr. Mike Signer. Dr. Wes Bellamy arrived at 6:34 p.m. Ms. Walker called the meeting to order at 6:31 p.m. ANNOUNCEMENTS / PROCLAMATIONS Ms. Galvin shared a recent request for a letter in support of using the Ivy Landfill as the site for a solar panel installation, and she read a statement of principles compiled by herself. Dr. Bellamy made an announcement regarding support for Council colleagues, despite moments of disagreement, in light of recent harsh public treatment of Councilors during a recent Council meeting. Mr. Signer made a statement about recent personal attacks in Council Chamber and thanked Dr. Bellamy for his show of support. Ms. Walker spoke of past disruptive meetings in which people were removed from Council Chamber and arrested for disorderly conduct. She advised that she is still weighing options as meeting president. Dr. Bellamy thanked everyone who participated in Unity Days events and announced that the entertainer Wale will perform in Charlottesville on October 8th. CONSENT AGENDA* Ms. Walker opened the floor for comments from the public regarding the consent agenda. Mr. John Hall asked to speak about Items 1b, 1c, 1d and 1e. He read a message about the University of Virginia. Clerk of Council, Kyna Thomas, read the consent agenda items into the record. a. MINUTES: June 17 Special meeting, June 17 Regular meeting, July 1 Special meeting Minutes - June 17, 2019 special_DRAFT Minutes - June 17, 2019 regular_DRAFT 2 Minutes - July 1, 2019 special_DRAFT b. APPROPRIATION: Charlottesville-Albemarle Adult Drug Treatment Court Grant Award - $240,000 (carried) FY2020 Drug Court Appropriation $240,000 c. APPROPRIATION: FY 2019 - 2020 Virginia Department of Transportation (VDOT) Revenue Sharing Program Multi-Modal Improvements and Local Match Transfer - $826,436 (carried) VDOT appropriation Revenue Sharing $826,436 d. APPROPRIATION: VDOT Revenue Sharing Program for West Main Streetscape Improvements Phase 1 (additional award) - $163,478 (carried) VDOT appropriation West Main Streetscape Phase 1 - $163,478 e. APPROPRIATION: Bama Works Fund Fire Safety Trailer Grant - $3,500 (carried) Bama Works Grant Appropriation $3500 f. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant (VJCCCA) -$452,704 (2nd reading) FY20 VJCCCA Appropriation $452,704 APPROPRIATION Virginia Juvenile Community Crime Control Act Grant (VJCCCA) $452,704 WHEREAS, the City of Charlottesville has been awarded $292,058 from the Virginia Department of Juvenile Justice; and WHEREAS, this grant requires local maintenance of effort funds in the amount of $52,231 from Albemarle County and $108,415 from the City; and WHEREAS, the grant award covers the period from July 1, 2019 through June 30, 2020. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $452,704 is hereby appropriated in the following manner: 3 Revenue – $452,704 $292,058 Fund: 220 Cost Center: 3523001000 G/L Account: 430080 $52,231 Fund: 220 Cost Center: 3523001000 G/L Account: 432030 $108,415 Fund: 220 Cost Center: 3523001000 G/L Account: 498010 $53,075 Fund: 220 Cost Center: 3523001000 G/L Account: 519999 $399,629 Fund: 220 Cost Center: 3523001000 G/L Account: 530010 Expenditures - $452,704 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $292,058 from Virginia Department of Juvenile Justice, and $52,231 from Albemarle County. g. APPROPRIATION: VDOT Primary Extension Paving Project Funds - $633,442 (2nd reading) VDOT Primary Ext Paving Funds_FY20_$633,442 appropriation APPROPRIATION Primary Extension Paving Funds - $633,442 WHEREAS, the Virginia Department of Transportation and the City of Charlottesville desire to execute a standard Project Administration Agreement for a state- aided project, referenced as Virginia Department of Transportation Project Numbers 6029- 104-355 (UPC 115268) and 0020- 104-356 (UPC 115270); WHEREAS, the Virginia Department of Transportation has awarded the City of Charlottesville a Primary Extension Paving grant in the amount of $633,442, with a required local match of $8,364; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $633,442 is appropriated in the following manner: Revenue - $625,078 Fund: 426 WBS: P-00689-20-01 (SS-009) G/L Account: 430120 Expenditures - $625,078 Fund: 426 WBS: P-00689-20-01 (SS-009) G/L Account: 599999 Transfer From: $8,364 Fund: 426 WBS: SS-009 G/L Account: 599999 Transfer To: $8,364 Fund: 426 WBS: P-00689-20-01 (SS-009) G/L Account: 599999 4 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $625,078 from the Virginia Department of Transportation. h. APPROPRIATION: Thomas Jefferson Area Crisis Intervention Team Training Grant - $20,708 (2nd reading) Crisis Intervention Team funding.FY2020 - $20,708 appropriation APPROPRIATION Department of Behavioral Health and Developmental Services, Thomas Jefferson Area Crisis Intervention Team Program Grant - $20,708 WHEREAS, the City of Charlottesville, through the Thomas Jefferson Crisis Intervention Team and the Charlottesville Police Department, has received from the Department of Behavioral Health and Developmental Services, funding to support the Crisis Intervention Team programs. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $20,708, received from the Department of Behavioral Health and Developmental Services is hereby appropriated in the following manner: Revenue $ 20,708 Fund: 209 IO: 1900225 G/L: 430080 State Assistance Expenditure $ 20,708 Fund: 209 IO: 1900225 G/L: 599999 Lump Sum BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $20,708 from the Department of Behavioral Health and Developmental. i. APPROPRIATION: Moving from Foster Care to Adulthood Rental Assistance Grant - $300,000 (2nd reading) FY2020 Fostering Futures Rental Assistance Grant $300,000 5 APPROPRIATION Moving from Foster Care to Adulthood Rental Assistance Grant $300,000 WHEREAS, The City of Charlottesville, through the Department of Human Services, has received the Moving from Foster Care to Adulthood Rental Assistance Pilot Award from the Virginia Department of Housing and Community Development in the amount of $300,000; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville,Virginia that the sum of $484,785 is hereby appropriated in the following manner: Revenues $300,000 Fund: 209 IO: 1900336 G/L: 430120 Federal Pass-Thru State Expenditures $300,000 Fund: 209 IO: 1900336 G/L: 530550 Contracted Services BE IT FURTHER RESOLVED, that this appropriation is conditioned upon receipt of $300,000 in funds from the Virginia Department of Housing and Community Development. j. RESOLUTION: WTJU Sponsor Request - City Sponsorship of the Black Business Expo on Saturday, September 14, 2019 - $2,000 Black Business Expo Sponsorship resolution - $2000 RESOLUTION WTJU Sponsor Request – City Sponsorship of the Black Business Expo on Saturday, September 14, 2019 - $2,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $2,000 is hereby paid from currently appropriated funds in the Council Strategic Initiatives account in the General Fund to WTJU in support of the Black Business Expo taking place on September 14, 2019. $2,000 Fund: 105 Cost Center: 10110010000 k. ORDINANCE: Amending Charlottesville City Code Section 26-29 - leaf collection (carried) Sec. 26-29 Code Amendment-leaf collection l. ORDINANCE: Amending and Re-enacting City Code Chapter 11, Article IV- Director of Finance (2nd reading) 6 Finance Director Ordinance amendment AN ORDINANCE AMENDING SECTION 11-91 OF CHAPTER 11 (FINANCE), ARTICLE IV (DIRECTOR OF FINANCE) OF THE CHARLOTTESVILLE CITY CODE (1990) After the reading of the consent agenda, Ms. Walker clarified Item “1k” for the public. For Item “1j”, she asked that in the future, Council receive the proposal for sponsorship requests. On motion by Ms. Hill, seconded by Ms. Galvin, Council by the following vote APPROVED the consent agenda: 5-0 (Ayes: Ms. Walker, Ms. Hill, Dr. Bellamy, Ms. Galvin and Mr. Signer. Noes: None.). On motion by Ms. Hill, seconded by Dr. Bellamy, Council voted unanimously to appoint the following individuals to Boards and Commissions:  Building Code Board of Appeals: Diane Caton, Charles Lewis, Kip White  Community Development Block Grant: Olivia Gabbay  Historic Resources Committee: Sally Duncan, Deirdre Smith, Jordy Yager  JAUNT Board of Directors: Lucas Ames, Christine Appert, Lucas Ames  Minority Business Commission: Andrea Copeland-Whitsett, Anthony LeCounte, Mark Menafee, Kaye Monroe, Tessa Thompson  Personnel Appeals Board: Robert Woodside  PLACE Design Task Force: Navarre Bartz, Cliff Fox  Region Ten Community Services Board: Dawn Pryor  Retirement Commission: Scott Hendrix  Sister Cities Commission: Emily Martin  Social Services Advisory Board: Janet Morrow  Tree Commission: Anson Parker CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) Dr. Tarron Richardson provided responses to the following matters: - In response to a request from Brandon Morsberger for lighting in the skate park, he advised that it would be funded in the future Capital Improvement Plan. - In response to concerns about signaling at the 10th & Page Street intersection, he advised that it does not meet the criteria for installing a light and that options would continue to be considered. - Regarding a request from Ms. Gloria Beard for someone to assist seniors, School Superintendent Dr. Rosa Atkins advised that the Schools could look into it. Dr. Richardson advised that he would follow up. Regarding Ms. Beard’s request for more evening senior citizen 7 activities, Dr. Richardson advised that the Parks and Recreation Department would work on providing an evening out for seniors. - In response to Ms. Katrina Turner’s request to follow up on complaints made against Chief Brackney, Dr. Richardson advised that recent complaints were found to have been made by Ms. Turner. He advised that he would hold follow-up meetings with Ms. Turner and Chief Brackney. - In response to a request from a group of students to keep City pools open after Labor Day, he explained the challenge of staffing and advised that all pass types would be authorized to use at the indoor pools and that the spray park would also stays open past Labor Day. Dr. Richardson made additional comments about funds set aside for public safety around the first anniversary of the Summer of Hate, advising that the $1 Million was not exceeded. Funds were distributed between Police and Public Works for staffing and equipment related to public safety surrounding the anniversary; $100,000 was transferred to Unity Days 2019; and other funds were expended for mutual aid. The remaining balance is over $572,000 in that account. Dr. Bellamy asked for a future discussion of how the $572,000 would be used. COMMUNITY MATTERS Ms. Blair Williamson spoke about the general safety of the downtown mall, specifically in relation to vehicle entry to the mall at 2nd and 4th Streets. She made several suggestions for public safety and accessibility. She asked that representatives from Downtown businesses and design professionals be included to look at the big picture of accessibility. Mr. Chris Farina spoke about recent development at West Main Street, and enhancing existing neighborhoods. Ms. Megan Giltner, local business owner, spoke in opposition to a petition for closing downtown cross-streets. She advised that there are ways of improving the existing crossings without having to close the streets. Nelson, Charlottesville resident, spoke about an ongoing issue he has with the Charlottesville Police Department. Ms. Marta Keane, CEO at JABA, shared updates:  Insurance counseling is about to begin.  Thanks to a foundation grant, they will be opening additional counseling space on Allied Street, with a ribbon cutting on August 29 at 10:00 a.m.  They will be providing presentations on assistive technology.  They have a new Options counselor for the home delivered meals program. Ms. Joan Fenton of the Downtown Business Association spoke in opposition to the petition for closing downtown mall cross-streets. She has started a counter-petition. 8 - Dr. Bellamy made comments about the 4th Street memorial to Heather Heyer. - Dr. Richardson advised that he is working with a consultant and will present recommendations from the consultant regarding securing the Downtown Mall. Ms. Karen Walker, downtown business owner, spoke in opposition to the potential closing of downtown cross-streets. She advised that she has not personally seen any accidents as a result of those crossings. Ms. Gudrun Campbell, student, spoke about the special events Ordinance, sharing her experience as an organizer and participant of protests and demonstrations. Mr. John Hall spoke about the overburdening of the court system, about solar power, and about Habitat for Humanity and the Landmark Hotel. M.C. Blair spoke about the City Market and the need for prepared food vendors to source their meat and egg ingredients from fellow market vendors. He suggested a tax break for local sourcing. Mr. Kevin Cox, City resident, spoke in support of keeping downtown cross-streets open, as a frequent walker on the downtown mall. He asked why it is possible to drive onto the downtown mall from the crossings, and will it be corrected? Ms. Tanesha Hudson, City resident, thanked Communications Director Brian Wheeler and Office of Human Rights Manager Charlene Green for help with the recent Unity Days event. She advised that she would like for Council and staff to give more attention to concerns of the black community regarding traffic crossings in order to make every neighborhood a safe neighborhood. Ms. Mary Carey, City resident, spoke in support of keeping the downtown cross-streets open. She spoke about Freedom of Speech in relation to City Councilors. Ms. Robin Hoffman, City resident, encouraged people to sign up for CPA-TV. She advised that on Saturday, August 24, Calvin Tate would be signing up participants for 28-minute shows on CPA-TV. She spoke of a Home Energy Challenge signup. Ms. Walker closed Community Matters and Council went into recess at 7:50 p.m. The meeting reconvened at 8:10 p.m. PUBLIC HEARING/ APPROPRIATION: State Revenue Sharing and SmartScale funds for West Main Streetscape Improvements Phase 2 - $4,009,265 (carried) West Main Phase 2 appropriation $4,009,265 9 Ms. Jeanette Janiczek, Urban Construction Initiative Program Manager, made the presentation. Ms. Walker opened the public hearing. No one was present who wished to speak. Mr. Signer addressed comments from Mr. Farina about gentrification earlier in the meeting. He advised that those matters were a major consideration in the beginning of West Main improvements planning. Ms. Galvin gave additional comments about zoning in the area of the Drewary Brown Bridge as a direct response to community input. Ms. Hill made comments about Drewary Brown Bridge requests for enhancement. There were no objections to moving the item forward to the next consent agenda. PUBLIC HEARING/ ORDINANCE: Petition to close an alley off Charlton Avenue, next to 931 Charlton Avenue (carried) Ordinance-Alley Closure Charlton Ave City Attorney John Blair introduced the item and gave background information regarding scoring. He advised that the item does not need to be referred back to the Planning Commission. Ms. Walker opened the public hearing. Reverend George Gohanna spoke on behalf of his mother who was the property owner at 931 Charlton Avenue. His mother passed away June 8, 2019. He mentioned that the alley has been closed since 1967. He advised that the alley has not been in use since that time, and the land was signed over to his mother. He asked why the change is being considered now, and opposed the closing of the alley. Mr. Matt Murry, owner of 929 Charlton Avenue, advised that the house encroaches into the alley and is a defect to the deed on the property title. The house cannot be sold unless the City abandons the alley. Ms. Galvin asked if there is another way to remedy the situation. Mr. Blair explained the title loan and insurance requirements. Discussion ensued about the City abandoning a portion of the alley, possibly splitting the alley between two property owners, and about how to handle the sewer easement. 10 Council agreed to move the item forward to the next consent agenda. RESOLUTION*: Critical Slope waiver - 915 6th Street SE 915 6th Street SE Critical Slope Waiver Ms. Carrie Rainey, City Planner, presented the item, which was discussed at the May 14, 2019 Planning Commission meeting. The item came before City Council with a 3-2 recommendation for denial from the Planning Commission. On motion by Ms. Galvin to deny the request, based on the Planning Commission recommendation, and seconded by Ms. Hill, Council by the following 4-1 vote DENIED the request (Ayes: Ms. Walker, Ms. Hill, Ms. Galvin and Mr. Signer. Noes: Dr. Bellamy). REPORT: Report and Recommendations from the City Manager's Advisory on Organizational Equity Equity Committee Final Report Recommendations Mr. Mike Murphy, Deputy City Manager, presented the report. He thanked staff members for working on this effort. The report addressed the City's role in improving equity within the City organization, to better serve and meet the needs of citizens. He advised that diversity without equity and inclusion is meaningless. Ms. Kaki Dimock shared recommendations from the Equity Committee: 1) Prepare the City staff for culture change, and 2) Create an Office of Diversity, Equity and Inclusion Ms. Dimock spoke of intentional strategic goals around race and equity, and how services are delivered to the public. Included in this effort would be selecting a new Human Resources Director with experience in areas of diversity, equity and inclusion. Dr. Bellamy thanked the committee members for the work on this effort, and the leadership of Mr. Murphy and Ms. Dimock. Ms. Galvin asked about the equity impact assessment tool for informing Council decisions on development and other matters. Ms. Walker asked about timeline for establishing an advisory team. Staff advised that the additional recommendations on cost will be forthcoming. Council unanimously agreed to adopt the recommendations. 11 OTHER BUSINESS Dr. Richardson asked Mr. Wheeler to correct information about a forthcoming event. Mr. Wheeler advised that the Community Meeting Center public open house would be on September 21st and that the August 24th event would be for the faith community to sign up for programming time slots. Mr. Signer addressed comments about public gatherings brought up earlier in the meeting to clarify standard operating procedures versus ordinance. MATTERS BY THE PUBLIC Mr. John Hall directly addressed the mayor and advised that he has been psychoanalyzing her in regard to race relations. He asked for inclusion. Ms. Shaun Harris spoke about being unsettled by actions within Council Chamber. Her comments were directed to the two African-American members of City Council, as firsts in their positions for the African-American community. She asked when being profane, undignified and uncouth became the new narrative. The meeting adjourned at 9:16 p.m.