CITY COUNCIL AGENDA Monday, September 16, 2019 6:00 p.m. Closed session as provided by Section 2.2-3712 of the Virginia Code Second Floor Conference Room (Personnel) 6:30 p.m. Regular Meeting - CALL TO ORDER Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS Introductions - Directors of CACVB and CAT PROCLAMATIONS 1. CONSENT AGENDA* (Items removed from consent agenda will be considered at the end of the regular agenda) a. MINUTES: August 15 Form Based Code joint worksession; August 19 Special meeting b. APPROPRIATION: Funding for Virginia Temporary Assistance to Needy Families Employment and Training (VTET) pilot program - $50,000 (1st of 2 readings) c. APPROPRIATION: Charlottesville/Albemarle Adult Drug Treatment Court Substance Abuse and Mental Health Services Administration Grant Award - $300,548 (1st of 2 readings) d. APPROPRIATION: Refund of Tax Payment to East Market Street LLC - $16,173.30 (1st of 2 readings) e. APPROPRIATION: Virginia Department of Historic Resources (VDHR) 2019-2020 Certified Local Government grant funding for 10th and Page Neighborhood Historic Resources Survey - $31,590 (1st of 2 readings) f. APPROPRIATION: Albemarle County funding for Albemarle County Resident Workforce Development Training - $13,395 (1st of 2 readings) g. APPROPRIATION: FY 2020 Fire Programs Aid to Locality Funding (Firefund) - $158,343 (2nd reading) h. APPROPRIATION: Safe Routes to School Non-Infrastructure Grant Award - $93,125 (2nd reading) i. APPROPRIATION: Housing Opportunities for People with AIDS/H.I.V. (H.O.P.W.A.) - $240,642 (1st of 2 readings) j. APPROPRIATION: Virginia Housing Solutions Program Grant Award - $484,785 (1st of 2 readings) k. RESOLUTION: Amendment to Alley Policy (1st of 1 reading) l. RESOLUTION: Authorize Transit Director to Sign Federal Transit Administration Documents on Behalf of the City (1st of 1 reading) m. ORDINANCE: Amend Charlottesville-Albemarle Convention and Visitors Bureau Operating Agreement (2nd reading) n. ORDINANCE: Release of Portion of a Gas Line Easement - Shops at Stonefield (2nd reading) o. ORDINANCE: Valley Road, Monroe Avenue and Jefferson Park Avenue Easements (2nd reading) p. ORDINANCE: Amendment to the text of the City’s Zoning Ordinance, City Code Section 34-896, to modify access requirements for various uses. (2nd reading) CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) COMMUNITY MATTERS Public comment is provided for up to 16 speakers at the beginning of the meeting (limit 3 minutes per speaker.) Pre-registration is available for up to 8 spaces, and pre-registered speakers are announced by noon the day of the meeting. The number of speakers is unlimited at the end of the meeting. 2. PUBLIC HEARING/ Review of Program Performance and Setting Priorities for Community Development Block Grant RESOLUTION*: (CDBG) and HOME Investment Partnerships (HOME) funds for Program Year 19-20 (1st of 1 reading) 3. ORDINANCE: Rental Relief for Elderly and Disabled (1st of 2 readings) 4. ORDINANCE: Changes to Real Estate Tax Relief Program for Elderly and/or Disabled (1st of 2 readings) 5. ORDINANCE*: Amending and Re-enacting City Code Chapter 18, Article III – Special events (3rd reading) 6. REPORT: Public Comfort Station for downtown – Oral report only OTHER BUSINESS MATTERS BY THE PUBLIC *ACTION NEEDED This page intentionally left blank NOTICE OF SPECIAL MEETING A JOINT WORK SESSION of the CHARLOTTESVILLE CITY COUNCIL and the Charlottesville PLANNING COMMISSION will be held on Thursday, August 15, 2019, AT 6:00 p.m. AT CITY SPACE, 100 5th Street NE, Charlottesville, Virginia. THE PROPOSED AGENDA IS AS FOLLOWS: Discussion of Form Based Code BY ORDER OF THE MAYOR BY Kyna Thomas, Clerk of Council CITY SPACE – August 15, 2019 City Council met in joint session with the Planning Commission on this date with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill and Ms. Kathy Galvin. Absent: Dr. Wes Bellamy and Mr. Mike Signer. Planning Commission Chair, Lisa Green, called the Planning Commission meeting to order at 6:05 p.m. and turned the meeting over to Mr. Alex Ikefuna, Director of Neighborhood Development Services. Mr. Ikefuna gave background information for the occasion of the meeting and the directive given by City Council in 2014 after the adoption of the Strategic Investment Area (SIA) Plan as an appendix to the City’s Comprehensive Plan. He announced open houses to be held on September 4 and 5, 2019, and made notice of a number of community engagement opportunities scheduled. Mr. Ikefuna introduced Ms. Marta Goldsmith, Executive Director of the Form Based Codes Institute at Smart Growth America. Ms. Goldsmith introduced other members of the consultant team: Ms. Marina Khoury – Principle at DPZ, and urban design architecture and town planning firm; and Ms. Anita Morrison – Co-founder and Principle of Partners for Economic Solutions. Ms. Goldsmith gave a recap of the history of the Form Based Code (FBC) project, beginning in September 2017, as well as a forecast of upcoming action items: Recap of Process - History ❑ Sept. 2017: Hold kick-off charrette in the SIA ❑ Oct. 2017: Hold work session with Planning Commission and City Council ❑ Dec. 2017: Submit first draft of FBC ❑ Mar.2018: Submission of Second Draft of FBC ❑ April 2018: Submit housing needs assessment & financial analysis of affordable housing options ❑ June 2018: Housing Assessment Presentation to City Council ❑ Sept. 2018 Hold community engagement workshops with public housing residents to discuss FBC and housing strategy ❑ Sept. 2018: Review Friendship Court site plan and meet with PHA leadership ❑ April 2019: Meeting with CRHA and PHRA Boards Future steps include: ❑ Sept. 2019: Hold two stakeholder open houses ❑ Sept. 2019: Summarize comments from all meetings ❑ Sept/Oct. 2019: NDS provides guidance to FBCI/DPZ on revisions ❑ Oct. 2019: Submit final draft of FBC to NDS Ms. Khoury gave an overview of FBC and the SIA for Charlottesville. She advised that coding Form versus coding Use is more effective and makes the process more predictable for private property owners. Four Common Factors of FBC:  Regulating plan (zoning map)  Building type/use and form  Open space considerations  Design and function of streets. Potential Benefits:  Make it easier to walk, bike, use transit  Set standards for community scale and character  Integrate uses better  Offer more cohesive design and development  Are simpler, easier to understand development regulations.  Interpret the public’s vision into simple language, pictures, and diagrams to guide future development. Potential Limitations:  Streamlined review process (benefit for some)  Cannot solve every important local issue  Not an affordable housing policy  Density bonuses are not enough to meet communities’ affordable housing needs  Subject to state law and zoning limitations in Virginia Ms. Anita Morrison reviewed the intent of FBC, as listed below:  Guide the evolution of, and further the goals of the SIA  Honor the Residents Bill of Right and support the City’s affordable housing policies  Enable a greater range of housing and locally-oriented businesses  Create a healthy neighborhood, with walkable streets in a safe, high-quality public realm; and  Promote small, incremental development. Ms. Morrison described the housing needs assessment that she created. Some results specific to Charlottesville included: - Typical rents and land and building costs do not support mid-rise housing - Most sites can support only wood frame construction 3-4 stories with surface parking - Only downtown sites can support even five stories with structured parking - Bonus height at above six stories has no value - With a few exceptions: ❑ Student housing near UVA ❑ Luxury rental housing ❑ Condominiums Ms. Morrison explained the alternative of Tax Increment Financing, specifically in synthetic form. Ms. Walker asked questions to clarify where the intended housing voucher recipients would live and timing of the availability of funds. Ms. Morrison advised that it could take around twenty years for the full benefit of the program to be realized. She advised that the FBC is only one of many housing affordability tools and should be used in conjunction with other approaches to creating affordable housing and developing a housing strategy. Ms. Green asked for examples of localities with success so that staff could research. The consultants gave the examples of Columbia Pike in Arlington County; Miami, Florida; and New Rochelle, New York. Ms. Walker opened the floor for Public Comment. Mr. Michael Payne questioned whether cost-benefit analysis affects where FBC changes according to where FBC is implemented in the City. He also asked based on the height bonuses whether there was a limit to the number of years that those units could be made affordable. - Ms. Morrison advised that the additional height is earned by providing affordable housing units. She advised that it would be more valuable to get additional height near UVA than in the SIA. - Ms. Khoury suggested activating every tool to develop affordable housing in all areas of the city, and making areas as dense as the market can bear because the need for affordable housing is so great. A citizen spoke of conditions for open space in relation to the private sector; concern about a transition zone, building heights in relation to the look and feel of welcoming public space; the need for a companion citywide parking plan and transportation plan; missing the linear park; and walkable streets. - Ms. Khoury provided additional information about design options including linear parks. She also suggested shared parking between commercial and residential, and talked about the potential for off-site parking. The consultants asked City Council for feedback on the format for upcoming open houses. Mr. Ikefuna suggested a brief presentation followed by a question and answer period. Mr. John Hall asked whether the term “government subsidized housing” should be used instead of “affordable housing”. Ms. Walker closed Public Comment. The consultants reviewed next steps. Ms. Goldsmith asked that City Council, Neighborhood Development Services, and the Planning Commission publicize the September 4th and 5th open houses as much as possible. Ms. Walker adjourned the City Council meeting at 8:15 p.m. Ms. Green adjourned the Planning Commission meeting at 8:15 p.m. NOTICE OF SPECIAL MEETING A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD ON Monday, August 19, 2019, AT 5:30 p.m. IN THE Second Floor Conference Room, City Hall, 605 E. Main Street, Charlottesville, Virginia. THE PROPOSED AGENDA IS AS FOLLOWS: Closed session as provided by Section 2.2-3712 of the Virginia Code (Personnel; Boards & Commissions) BY ORDER OF THE MAYOR BY Kyna Thomas SECOND FLOOR CONFERENCE ROOM – August 19, 2019 City Council met on August 19, 2019, with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill, Ms. Kathy Galvin and Mr. Mike Signer; absent: Dr. Wes Bellamy. Ms. Walker called the meeting to order at 5:42 p.m. On motion by Ms. Hill, seconded by Ms. Galvin, Council voted 4-0 (Ayes: Walker, Hill, Galvin and Signer; Noes: none; Absent: Bellamy), to meet in closed session as authorized by Va. Code sec. 2.2-3712, specifically: -as authorized by Virginia Code Section 2.2-3711(A)(1) for the discussion and consideration of prospective candidates for appointment to the Charlottesville Building Code Board of Appeals, the Community Development Block Grant Task Force, the Community Policy and Management Team, the Historic Resources Committee, the JAUNT Board of Directors, the Minority Business Commission, the Parking Advisory Board, the Personnel Appeals Board, the PLACE Design Task Force, the Region Ten Community Services Board, the Charlottesville Retirement Commission, the Sister City Commission, the Social Services Advisory Board, the Towing Advisory Board, the Tree Commission, the Vendor Appeals Board, and the Charlottesville Youth Council. -as authorized by Virginia Code Section 2.2-3711(A)(1) for the discussion of an appointment to a committee to discuss a request for proposals related to the Charlottesville Capital Improvement Program related to school construction. On motion by Ms. Hill, seconded by Ms. Galvin, Council certified by the following vote 4-0 (Ayes: Walker, Hill, Galvin and Signer; Noes: none; Absent: Bellamy), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the Motion convening the closed session were heard, discussed or considered in the closed session. The meeting adjourned at 6:28 p.m. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Approve appropriation Presenter: Diane Kuknyo, Director of Social Services Staff Contacts: Mary Jane Skidmore, Chief of Benefit Programs Laura Morris, Chief of Administration Title: Funding for Virginia Temporary Assistance to Needy Families Employment and Training (VTET) pilot program - $50,000 Background: The Charlottesville Department of Social Services (CDSS) has received $50,000 in funding to serve as a pilot site for an initiative between the Department of Child Support Enforcement and the Virginia Department of Social Services. Discussion: The Division of Child Support Enforcement (DCSE) is collaborating with the Virginia Department of Social Services Temporary Assistance for Needy Families (TANF) program for an employment services pilot. The pilot initiative will be managed by the Virginia Initiative for Education and Work (VIEW) team at CDSS. This pilot program will serve certain noncustodial parents with a DCSE TANF case and current and/or past due child support obligation. Pilot participants will be identified and referred to the VIEW team at CDSS by DCSE staff. Pilot participants will be offered the opportunity to receive employment and supportive services through the Virginia TANF Employment and Training (VTET) program. The pilot will be administered in Fairfax County, Charlottesville, and Norfolk beginning June 1, 2019, and will run for 18 months. DCSE district offices and the department of social services staff will work together to assist participants on working towards self-sufficiency, paying off child support debts, and paying child support on a consistent basis. Alignment with City Council’s Vision and Strategic Plan: This pilot project aligns with the Council Vision for Economic Sustainability, and Strategic Plan Goal 1: An Inclusive Community of Self –sufficient Residents. Community Engagement: CDSS and the VIEW team are actively involved in the community and aware of the gap in employment services and support for non-custodial parents in TANF involved cases. This pilot offers a resource to meet that longstanding need. Budgetary Impact: There are no general funds required or being requested for this program in FY 2020. Recommendation: Staff recommends approval and appropriation of these funds. Alternatives: If the appropriation is not approved, CDSS will not be able to participate in the pilot and the target local cohort will not be served. Attachments: Appropriation APPROPRATION Funding for Virginia Temporary Assistance to Needy Families Employment and Training (VTET) Pilot Program $50,000 WHEREAS, the Charlottesville Department of Social Services has received $50,000 from the Virginia Department of Social Services to participate in the TANF Non-Custodial Parent Employment Pilot. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $50,000 is hereby appropriated in the following manner: Revenue-$50,000 Fund 212 Cost Center: 9900000000 G/L Account: 430080 $50,000 Expenditures-$50,000 Fund 212 Cost Center: 3333002000 G/L Account: 540060 $50,000 This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Appropriation of grant funds Presenter: Susan Morrow, Offender Aid and Restoration Staff Contact: Ryan Davidson, Senior Budget and Management Analyst Susan Morrow, Offender Aid and Restoration Title: Charlottesville/Albemarle Adult Drug Treatment Court Substance Abuse and Mental Health Services Administration Grant Award - $300,548 Background: The City of Charlottesville, on behalf of the Charlottesville/Albemarle Adult Drug Treatment Court, has received a grant from the Substance Abuse and Mental Health Services Administration (hereinafter SAMHSA), a division of the U. S. Department of Health and Human Services, in the amount of $300,548 for operations of the drug court program, which is operated by Offender Aid and Restoration (O.A.R.). The City of Charlottesville serves as fiscal agent for the Substance Abuse and Mental Health Services Administration Drug Treatment Court Grant. Discussion: In its twenty-first year of operation, the Charlottesville/Albemarle Adult Drug Treatment Court is a supervised 12 month drug treatment program that serves as an alternative to incarceration for offenders. Drug Court is a specialized docket within the existing structure of the court system given the responsibility to handle cases involving non-violent adult felony offenders who are addicted to drugs. The program uses the power of the court to assist offenders with moderate to severe substance use disorders to achieve recovery through a combined system of intensive supervision, drug testing, substance abuse treatment, and regular court appearances. The SAMHSA grant will fund enhancements that are intended to close current gaps in the drug court treatment continuum, support consumer specific clinical needs and create a supportive environment that connects participants with a broader, community-based system of services and support, bridging the gap between treatment and recovery communities. All of the new enhancements are evidence based and are expected to improve retention rates and graduation rates while reducing recidivism among drug court participants and graduates. The total budget for the SAMHSA grant is $300,548, and it does not require a local match. Alignment with City Council Vision and Strategic Plan: This program supports the Council’s Goal C2: Be a safe, equitable, thriving and beautiful community and Objective C2.1: Provide an effective and equitable public safety system. The drug court is a valuable, less expensive alternative to incarceration for certain substance dependent criminal offenders which utilizes a blend of court-ordered supervision, drug testing, drug and mental health treatment services, court appearances, and behavioral sanctions and incentives to reduce recidivism and drug use among participants beyond what is observed after incarceration alone. Community Engagement: The Drug Treatment Court is a direct service provider and is engaged daily with non- violent criminal offenders with drug driven crimes who are at a high level of risk for reoffending due to active addictions and long standing patterns of criminal behavior. By collaborating with the Court system, Region Ten Community Services Board, and the Sheriff’s department, the Drug Treatment Court provides these offenders with a highly structured, rigorously supervised system of treatment and criminal case processing that results in a significant reduction in recidivism rates for program participants and graduates. Participants gain access to the Drug Treatment Court through referrals from police, probation, magistrates, defense attorneys and other local stakeholders. Participants have active criminal cases pending in the Circuit Court. If they successfully complete the program which takes a minimum of 12 months and requires a minimum of 12 months substance free, participants may have their pending charges reduced or dismissed. If participants are unsuccessful and have to be terminated from the program, they return to court to face their original charges. Successful Drug Treatment Court participants return the community’s investment in them by maintaining full time, tax paying employment, providing for and taking care of their children and families including paying off back child support, behaving as good role models in the community, and supporting the recovery community in Charlottesville. Budgetary Impact: There is no budgetary impact to the City. All funds will be appropriated to the grants fund and no local match is required for the SAMHSA grant. Recommendation: Staff recommends approval and appropriation. Attachments: N/A APPROPRIATION Charlottesville/Albemarle Adult Drug Treatment Court Substance Abuse and Mental Health Services AdministrationGrant Award $300,548 WHEREAS, the Substance Abuse and Mental Health Services Administration, a division of the U. S. Department of Health and Human Services, in the amount of $293,745 for the Charlottesville/Albemarle Drug Court Treatment Court in order to fund salaries, benefits, and operating expenses; and WHEREAS, the City of Charlottesville serves as the fiscal agent for this grant program; and WHEREAS, the grant award covers the period October 1, 20119 through September 30, 2020. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $300,548, received as a grant from the Substance Abuse and Mental Health Services Administration, is hereby appropriated in the following manner: Revenues $300,548 Fund: 211 Internal Order: 1900335 G/L Account: 431110 Expenditures $300,548 Fund: 211 Internal Order: 1900335 G/L Account: 530550 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $300,548 from the Substance Abuse and Mental Health Services Administration. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Approval of Refund of Tax Payment Presenter: Jason Vandever, City Treasurer Staff Contacts: Jason Vandever, City Treasurer Jeffrey Davis, City Assessor Title: Refund of Tax Payment to East Market Street, LLC - $16,173.30 Background: In 2014 a property transfer was incorrectly recorded at 0 10th St NE. The property record should have indicated that 923 East Market Street, LLC was the owner of the property, but instead the record indicated that the property was owned by East Market Street, LLC in error. At the time, neither party notified the City of the clerical error. Both parties have been notified of the error and the correct owner will be billed for the taxes that are due. As a result, the City owes East Market Street, LLC a refund of taxes paid from 2016-2019. However the correct property owner will be billed for these taxes resulting in no change in the real estate tax or stormwater fee revenue. Discussion: City Code requires Council approval for any tax refunds resulting from an erroneous assessment in excess of $2,500 (City Code Sec. 30-6b). Payment of interest is required in accordance with Code of Virginia 58.1-3918. Code of Virginia 58.1-3990 limits refunds due to exonerations to the current tax year and three prior tax years. The refund has been approved for presentment to Council by the City Attorney, City Assessor, and City Treasurer. The total refund amount is $16,173.30. Alignment with City Council’s Vision and Strategic Plan: n/a Budgetary Impact: The refund will reduce Interest Revenue (GL 400030) by $2,089.70. Because the assessments will be correctly billed to 923 East Market Street, LLC, there will be no change in the real estate tax or stormwater fee revenue upon payment of the taxes by the correct property owner. Recommendation: Approval of the tax refund. Alternatives: n/a Attachments: Interest Calculation Council Resolution Due Date Tax Stormwater # of Days Daily Interest Rate Interest 6/5/2016 $ 1,266.35 $ 115.20 1183 $ 0.35 $ 410.44 12/5/2016 $ 1,266.35 $ 115.20 1000 $ 0.35 $ 346.95 6/5/2017 $ 2,148.90 $ 115.20 818 $ 0.59 $ 481.59 12/6/2017 $ 2,148.90 $ 115.20 634 $ 0.59 $ 373.26 6/5/2018 $ 2,148.90 $ 115.20 453 $ 0.59 $ 266.70 12/5/2018 $ 2,148.90 $ 115.20 270 $ 0.59 $ 158.96 6/5/2019 $ 2,148.90 $ 115.20 88 $ 0.59 $ 51.81 Total $ 13,277.20 $ 806.40 $ 2,089.70 Calculation Date 9/1/2019 Tax Interest Rate 10% Grand Total $ 16,173.30 224 14th ST NW 22903 RESOLUTION AUTHORIZING REFUND TO EAST MARKET STREET, LLC OF REAL ESTATE TAXES PAID FOR 2016-2019 $16,173.30 WHEREAS, the City Assessor has determined that East Market Street, LLC was incorrectly identified as the owner of 0 10th St NE; and WHEREAS, the real estate taxes for the Property for calendar years 2016-2019 were paid on time and as billed; and WHEREAS, the City Assessor has certified that a refund of taxes paid and interest is due in the amount of $16,173.30; and WHEREAS, City Code Section 30-6(b) requires City Council approval for any tax refund exceeding $2,500.00; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the City Council hereby authorizes the City Treasurer to issue a refund of $16,173.30, payable to East Market Street, LLC. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Appropriation of Funds Presenter: Jeff Werner, Preservation & Design Planner, Department of Neighborhood Development Services (NDS) Staff Contacts: Jeff Werner, Preservation & Design Planner, NDS Alex Ikefuna, Director, NDS Title: Virginia Department of Historic Resources (VDHR) 2019-2020 Certified Local Government grant funding for 10th and Page Neighborhood Historic Resources Survey Background: The City of Charlottesville through the Department of Neighborhood Development Services has been awarded $21,060 from the VDHR 2019-2020 Certified Local Government (CLG) Subgrant program towards a historic survey of the 10th and Page neighborhood. In addition to the grant of $21,060 from VDHR, there is a local match requirement, which will be met through the usage of $31,590 in existing city funding for historic resources. The project’s estimated total cost is $52,650.* The city’s share, $31,590, is currently available in the Neighborhood Development Services New Historic Surveys fund ($20,568) and in the Historic Resources Task Force fund ($11,022). [* Note: Prior information, including the attached, indicate a project cost of $52,550. Amount is here revised by $100 to correctly reflect the 60/40 split of city funding and CLG grant funding.] Discussion: This funding will provide a comprehensive, reconnaissance-level survey of approximately 350 properties, most of which have not been previously surveyed. It will also provide a Preliminary Information Form (PIF) based on the survey results, to determine if part or all of the neighborhood would qualify for future listing as a National Register historic district. Alignment with Council Vision Areas and Strategic Plan: • Council’s Vision 2025: o Charlottesville cherishes and builds programming around the evolving research and interpretation of our historic heritage and resources. • City Strategic Plan: o Goal 3.5: Protect historic and cultural resources. • Additionally, from the recommendations of the BRC on Race, Memorials, & Public Spaces: o Highlighting and Linking Historic Places: […] council provide financial and planning support for historic resource surveys of African American, Native American and local Appropriation 2019-2020 CLG Grant, 10th & Page Historic Survey (8/21/2019) Page 1 labor neighborhoods and sites, seeking National Register listing and zoning and design guideline protection, where appropriate. Community Engagement: In July 2017, the 10th and Page Neighborhood Association expressed support for the historic survey. Following that, city staff reviewed the request with VDHR staff, who recommended the boundaries of the survey. Budgetary Impact: The city’s share, $31,590, is available in Neighborhood Development Services fund 426 for New Historic Surveys P-00484 ($20,568) and in the Historic Resources Task Force fund 3901005000 ($11,022). Recommendation: Staff recommends approval and appropriation of funds. Alternatives: The alternative is to not approve this project, which would be contrary to Comprehensive Plan Historic Preservation Goal 3 Incentives & Tools, 3.2: Pursue National Register and Virginia Landmarks Register status for all future local historic districts. Attachments: • Draft resolution • Narrative from May 15, 2019 CLG Grant Request • CLG Subgrant Agreement letter (signed by City August 12, 2019) Appropriation 2019-2020 CLG Grant, 10th & Page Historic Survey (8/21/2019) Page 2 APPROPRIATION Virginia Department of Historic Resources 2019-2020 Certified Local Government Grant Funding for 10th and Page Neighborhood Historic Survey $52,650 WHEREAS, the City of Charlottesville, through the Department of Neighborhood Development Services, has received from the Virginia Department of Historic Resources, funding to support a historic survey for the 10th and Page Neighborhood, NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $21,060 for the fiscal year 2019-2020 received from the Virginia Department of Historic Resources is hereby appropriated in the following manner: Revenue $ 21,060 Fund: 209 IO: 1900338 G/L: 430120 (State/Fed Pass Thru) $ 31,590 Fund: 209 IO: 1900338 G/L: 498010 (Transfer from other fund) Expenditure $ 52,650 Fund: 209 IO: 1900338 G/L: 530670 (Other contractual services) Transfer $20,568 Fund: 426 WBS: P-00484 G/L: 561209 (Transfer to grants) $11,022 Fund: 105 CC: 3901005000 G/L: 561209 (Transfer to grants) BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $21,060 for the fiscal year 2019-2020 from the Virginia Department of Historic Resources. Approved by Council September 16, 2019 __________________ Clerk of Council 10th and Page Neighborhood Historic Survey Charlottesville, Virginia A proposal to the Commonwealth of Virginia Department of Historic Resources 2019-2020 CLG Sub-grant Program Submitted by Tue City of Charlottesville May 15, 20191 iitt:i 't. a! r"'\ M: d>GlN"IA • '\ Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 1 D HR_1 Virginia Department of Historic Resources CERTIFIED LOCAL GOVERNMENT SUB GRANT APPLICATION FY 2019-2020 Section B. Project Description 1. Proposed Project Type: (Check one that applies) ☐Archeological Project ☐ Preservation Planning Project ☐ National Register Nomination(s) ☒ Survey/Inventory Project ☐ Historic Preservation Planning Project ☐ Construction/Development/Pre-Development Project ☐Preservation Training ☐ Education & Outreach ☐ Design Guidelines ☐Other Narrative Statement of Project Description and Design. 2019-2020 10th and Page Neighborhood Historic Resources Survey, Charlottesville, Virginia Summary The City of Charlottesville Department of Neighborhood Development Services (NDS) is requesting 2019- 2020 Certified Local Government Local Grant funds toward a selective historic resources survey in the area of the City’s 10th and Page neighborhood. The City’s Comprehensive Plan recommends that this neighborhood be surveyed and its documentation will enable the City and its residents to better understand the architectural and historic significance of the neighborhood. The 10th and Page neighborhood is rich with social and community value. Historically it was a working class community composed primarily of modest, single-family residences, with a majority of the houses constructed prior to 1929 and a few as early as the late 1800s. Portions of the neighborhood were once owned by John West. Formerly enslaved, upon emancipation West trained as a barber and began amassing real estate. Upon his death in 1927 West was one of the wealthiest people in the community. During his lifetime he subdivided much of his land and sold lots to African-American families, allowing them to obtain wealth and power in a time before Civil Rights. This area has never been fully surveyed at the level required by the Department of Historic Resources (DHR) standards. In fact, it is only in the last decade that the City’s traditionally African-American neighborhoods and sites have received the attention long given to historically white neighborhoods and sites. This survey will bring the City closer to a more complete inventory of its historic resources. Fieldwork will include neighborhood outreach and preliminary discussions with DHR staff. Deliverables will include preparation and submittal of Virginia Cultural Resource Information System (V-CRIS) inventory forms and a survey report. The total project cost is $50,900. The City is requesting $24,000 (nearly 50%) in matching CLG grant funding. (Note July 2019: Project cost revised to $52,550; grant amount awarded is $21,060.) Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 2 Project Description Survey Area and Description The proposed survey area is based roughly on the traditional boundaries of the 10th and Page neighborhood, with adjustments to account for an adjacent, related section that is of a later period of development. (Note: After discussions with DHR’s Marc Wagner, Director, Eastern Region Preservation Office, it was decided to include the small area to the north of Grady Avenue.) The survey area appears to encompass one of the City’s largest concentrations of buildings constructed in the first quarter of the 20th century. The area of approximately 100 acres is bounded: • on the west by 13th Street NW; • on the south by the properties fronting Page Street (including a small segment of 10th Street NW); • on the east by the railroad tracks; • on the north by Preston Avenue, from the railroad tracks to a line just north of Rosser Avenue East. Objectives The objectives of the 10th and Page neighborhood survey are: • Satisfy the community’s request to learn more about the significance of the history and buildings in a neighborhood that is associated with the history and culture of African Americans. • Raise public awareness and understanding, thereby encouraging a greater commitment to the voluntary protection and preservation of historic resources. • Provide a base level of information about the location and type of resources within the area to inform local planning decisions, including any potential future requests by the neighborhood for a local historic district. • Determine the feasibility and boundaries of a possible future NRHP district that would allow tax credits to encourage rehabilitation. Properties in the Survey Area There are approximately 480 parcels; 435 parcels have structures on them, with construction dates ranging from 1870 to 2016, per City tax data; 344 structures are dated prior to 1960. Of the pre-1960 buildings: • 323 are single-family homes (over 230 of these are pre-1930); • four are apartment buildings; • 13 are commercial buildings; and • four are places of worship. Locally-designated properties: • 134 10th Street NW, Coca-Cola Bottling • 946 Grady Avenue, Monticello Dairy • 1000 Preston Avenue, Southern Bakery Building • 212 [also 0] Rosser Avenue East, Holy Temple Church VLR/NRHP listed properties: • 722 Preston Avenue, Coca-Cola Bottling Works in Charlottesville (104-5174) • 1010 Preston Avenue, Rock House or Charles B. Holt House (104-5098) The survey area is bounded almost entirely by neighborhoods that have been previously surveyed: • To the west: the Rugby Road/University Corner Historic District (104-0133). • To the south: West Main Street (104-0083) and Wertland Street (104-0136). • To the east: the Starr Hill neighborhood (PIF in 2017). • To the north: the Rose Hill neighborhoods (PIF in 2018). Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 3 Note: The 10th and Page neighborhood includes Westhaven, a 10-acre, 126-unit public housing complex constructed in the early 1960s, during Charlottesville’s period of “urban redevelopment.” This action included the razing of African-American neighborhoods at Vinegar Hill, Garrett Street, and, within 10th and Page, Cox’s Row. The Westhaven buildings and site have been documented and will not be surveyed with this work. However, Westhaven is a critical component of the neighborhood’s history, as well as the City’s, and the historical narrative from this survey will include that impact. Scope of Work (See detailed summary in the attachments) • To manageably and effectively complete a reconnaissance-level documentation of such a large area, the project will employ a selective survey of only those properties with structures dating prior to 1960.* Included will be 106 properties surveyed by City interns between 2012 and 2016. Six properties are locally designated; two are listed on the Virginia Landmarks Register (VLR) and the National Register of Historic Places (NRHP). (*Note: 88 buildings are listed as being constructed in 1920. Maps and other information suggest earlier construction dates. See comments in the attachments.) • Schedule: All work to be completed by June 2020. (See attached Section C.) • Phasing: o Task 1 – Kickoff Project/Engage Neighborhood (106 Group, NDS Staff) o Task 2 – Research (106 Group) o Task 3 – Conduct Fieldwork (106 Group) o Task 4 – Process Data/V-CRIS Entry (106 Group) o Task 5 – Draft Survey Report and PIF (106 Group) (Revised July 2019) o Task 6 – Draft Survey Report and PIF Review (NDS Staff, DHR) (Revised July 2019) o Task 7 – Review V-CRIS Form (DHR) o Task 8 – Prepare Deliverables (106 Group) o Task 9 – Present findings (NDS Staff) • Deliverables: o A DHR inventory form for all properties in the project area, submitted digitally via V-CRIS, and one (1) final hard copy version of each form will be submitted to DHR and to the City of Charlottesville (including a digital version compiled on a CD). o Digital color photos of each property will be saved to a CD and submitted to the City of Charlottesville, as well as uploaded to an FTP site for submittal to DHR. o A brief survey report will be prepared. One (1) final hard copy and one (1) final digital copy of the final survey report will be submitted to the City of Charlottesville and DHR. City Qualifications and Project Support The City of Charlottesville adopted its first local district ordinance in 1959 and adopted a Historic Preservation Plan in 1993. The City’s 2013 Comprehensive Plan updated previous plans with a Historic Preservation chapter that includes nine historic preservation goals. The 10th and Page Neighborhood Historic Survey proposal will support the achievement of at least four of the nine goals: • GOAL 2. Educate property owners and potential property owners of historic resources about the significance of their properties; • GOAL 3. Continue to identify and make available incentives to encourage historic preservation; • GOAL 4. Systematically inventory and evaluate all historic resources in the City and develop context narratives that provide the historical and architectural basis for evaluating their significance and integrity; o Objective 4.1 states, “Work with the following neighborhoods to develop interest and participation in documentation of neighborhood buildings and history through architectural and historic surveys: 10th & Page, Starr Hill, and North Belmont.” • GOAL 6. Provide effective protection to the City of Charlottesville’s historic resources. Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 4 The City’s efforts to survey and protect historic properties have accelerated in recent years in anticipation of, and in reaction to, increased development and associated demolitions. In 2003 Charlottesville adopted a new zoning ordinance designed to encourage increased density and mixed-use development. At the same time, it recognized the need to further protect its historic resources. Since 2003, the City has designated five new local districts, expanded two existing districts, and added twelve individually designated properties. In all, approximately 1,400 properties are now protected by local regulation. In addition, seven new districts have been listed on the VLR and NRHP; the City’s total now exceeds 2,000 contributing sites and structures. As with prior surveys, City staff will provide assistance to the consultant, including GIS data/mapping, access to City records and documents, and taking the lead on community outreach and engagement. Through the Preservation and Design Planner and other NDS staff, the City has successfully managed multiple historic resource surveys, as summarized above. These projects are programmed into our annual work plan. Currently underway is a survey of the Little High neighborhood and, as a result of the 2018 survey of the Rose Hill neighborhood and with overwhelming local support, the City has retained a consultant to prepare the nomination for VLR and NRHP listing of the Burley School. Project Design Historical Context Although segregated within its boundaries--with the white homes all but exclusively located east of 10th Street and north of Page Street—10th and Page was initially a diverse neighborhood. Through the 1930s and 1940s it transitioned to predominantly African-American and remained so late into the century. A number of families have connections to individual properties that span generations and several families have owned and lived in the same house for half a century or more. A temporal snapshot of the community is available from the 1930 US Census, when almost 500 households were registered within the survey area. More than half are black (275) and of these 156 (57%) owned their homes—slightly higher than the nearby white households. Of the 252 occupations listed for black heads of household, over two-thirds are listed as either Servant (37), Laborer (33), Janitor (28), Waiter (25), Laundress (19), Chauffeur (13), or Cook (13). Only 14 report professional occupations, which include one dentist, one doctor, and three ministers. Of the 122 white households listed, 56% own their homes. While one-quarter of the heads of household have professional occupations, the remainder are service related. However, in contrast with the black households, there are only four Laborers, one Janitor, and none employed as a Servant, Waiter, Laundress, Chauffeur, or Cook. Interestingly, the 1930 Census identifies 20 men as military veterans. Of the 19 who reported service in World War I, twelve are black and seven are white. The other individual is Civil War veteran William Garrison of 909 Anderson Street. Born in 1848, at age 17 he served a mere four months in the Albemarle Light Artillery Battery before Lee’s surrender at Appomattox. In the survey area north of Grady Avenue is a collection of small, simple, concrete-block dwellings constructed mid-century for African-American families. Here—and in other parts of the City--Reverend Charles H. (C.H.) Brown worked with local civil rights leader Drewary Brown to help African-American families acquire property and secure the financing to construct their own homes. In 1947, C.H. built the church at the corner of 12th Street and Rosser and in 1953, at 706 12th Street NW, built what would be the first of many of his signature concrete-block houses. (Reverend Brown, whose family lived at 354 10-1/2 Street NW, formed the C.H. Brown Construction Company that from the 1950as through the 1970s would build for African-American families an estimated 150 of these homes throughout the City.) Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 5 Threats and Stewardship Needs The City of Charlottesville has a wealth of historic resources, both grand and vernacular. The City has long had a goal of systematically surveying all of its historic buildings. Charlottesville is also committed to providing protection for its historic buildings, through both VLR and NRHP listings and local designation. While completing a neighborhood survey does not necessarily lead to VLR, NRHP, or local designation, that documentation serves a valuable purpose: It raises public awareness of the neighborhood’s history and historic resources. That awareness leads to interest in the tools and incentives available to protect those resources. A historic survey also provides the City and its residents the information needed to plan for the preservation and wise use of historic and cultural resources. To date, the architectural history of the 10th and Page area has been surveyed for less than one-third of the neighborhood’s pre-1960 structures, and very little of that work has been entered into V-CRIS The City is currently reviewing its Comprehensive Plan (last updated in 2013). Public comments repeatedly include concerns about the loss of the historic buildings in older neighborhoods and the encroachment of new development, particularly into the historically black neighborhoods north and south of West Main Street, like 10th and Page. Since 2000 alone, within the proposed survey area, no less than 36 pre-1960s structures have been razed, primarily houses: 24 were pre-1920; 12 constructed in the 1920s to 1950s. Also since 2000, on these cleared lots and others that were vacant, 38 new houses have been built. Given this vulnerability, and the recent escalation of property values in all City neighborhoods, a historic survey is needed to document existing resources before they are replaced or remodeled, and to help ensure that the character of this neighborhood will be maintained as the areas around it are more intensively developed. Among the lost resources: • A small, single-story, neighborhood grocery store once stood at the corner of 10th Street NW and Paoli Street. Constructed prior to 1920, all that remains today are its concrete steps. • The Cox Row Houses were constructed in the late 1800s by the Cox brothers. Built to meet the need for worker housing, over fifty of these modest, wood-framed, two-story units—each unit serving two families—once stood along Page Street and what was known as Cox’s Row. Today only five remain- -824, 836, 838, 903, and 905 Page Street. Benefits Charlottesville’s Comprehensive Plan recommends three neighborhoods for historic resources surveys: Starr Hill (completed in 2017), North Belmont (completed in 2017), and the 10th and Page neighborhood. The 10th and Page Neighborhood Historic Resources Survey will address the following statewide priorities: • Provide broad-based survey coverage of an area that has been only partially surveyed. • Survey an area that is under threat or endangered, that is under-documented, and for which its historic context is not well understood. • Identify and document resources associated with Virginia’s culturally diverse history. In March 2001, DHR staff met with Charlottesville city planners to look at CDBG neighborhoods. At that time, 10th and Page was recommended for survey by DHR staff. In 2003, a CLG grant request to support a survey of a portion of this area was declined due to limited available funds and because the request lacked clarity on the proposed work. Subsequently, between 2012 and 2016 NDS interns completed a limited inventory of the area. Completing this survey will move the City closer to a more complete inventory of its traditionally African- American neighborhoods and sites, which only in the past decade (list below) have received the attention long given to historically white neighborhoods and sites. • Fifeville-Tonsler (104-0213), surveyed 2008; Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 6 • Daughters of Zion Cemetery (104-5153), surveyed 2010; • Starr Hill, surveyed 2017; • Rose Hill, surveyed 2018. Additionally, this survey will support the recommendations of the City’s Blue Ribbon Commission on Race, Memorials, and Public Spaces, a 2016 report that included a unanimous recommendation that the City “provide financial and planning support for historic resource surveys of African American, Native American and local labor neighborhoods and sites, seeking National Register listing and zoning and design guideline protection, where appropriate.” (See attachment for full text.) Information from the survey will be shared with the community through neighborhood meetings and be made available on-line through the City’s historic preservation page. Part of the 2012-2016 work by NDS interns was interviewing several 10th and Page residents and collecting photos and other information. Through the public engagement process for this survey we plan to again invite residents to share their stories, adding valuable context to the physical inventory of the neighborhood. Schedule and Capacity The 10th and Page Neighborhood Historic Resources Survey will commence in late-summer 2019, including neighborhood meeting and initial documentary research. Field work and documentation will occur in late 2019, followed by drafting of the report and V-CRIS entry in early 2020, and project completion with deliverables by mid-spring 2020. Groups who provide support and assistance on projects of this nature include the City’s Historic Resources Committee, the Jefferson School African American Heritage Center, the Charlottesville Center for History and Culture [formerly the Albemarle County Historical Society], the Central Virginia History Researchers, and Preservation Piedmont. Among the residents of the 10th and Page Neighborhood are two members of the City’s Board of Architectural Review and one member of the City’s Planning Commission. Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 7 10th & Page Proposed Survey Area April 2019 Year Bui lt - Pre 1900 - 1900-1929 D 1930. 19s9 D 1960 - 1969 - Post 1970 D vacantlot c:J SuN ey Boundary CJ Annexation ~Roadway _\ N OISCLAIMER:The dra.vno ci nell'ler a twOlty reoorded map nor a SIJ'\ley sll(I IS not nt 1000 on street Walkable x 0.15 = Vehicular access to Dead end but rear of lot Through type alley drivable Not drivable x 0.1 = Reduction of on- street parking Reduce 2 or more Reduce 1 car per demand cars per block block No reduction x 0.1 = Alley does not Alley connects to Alley connects to connect with or Greenway pedestrian route pedestrian route route is greater Connectivity within 350' of within 700' of than 700' of recreation areas, recreation areas, recreation areas, parks, and trails parks, and trails parks, and trails x 0.1 = Through type alley without existing Utility route utilities or has Dead end alley overhead utilities without existing Existing utilities crossing alley utilities x 0.1 = Closure is part of If an alley, paper street, ROW, or street, is to be closed as a proposed development or part of proposed development requiring a site plan; and/or replatting replatted in a different configuration (-1.5 points) Final Score (Sum of all weighted scores) ADU* Accessory Dwelling Unit AADT** Average Annual Daily Traffic This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Requested: Approve Resolution Presenter: John C. Blair, II, City Attorney Staff Contacts: Garland Williams, Transit Director Title: Authorize Transit Director to Sign FTA Documents on Behalf of City Background: The Federal Transit Administration requests that a specific City employee be assigned permission to authorize the execution of grant applications and awards, and other transit-related documents, on behalf of the City of Charlottesville. Attached is a Resolution authorizing the City Manager to sign the Designation of Signature Authority form. With the approval of this Resolution, Garland Williams, Transit Director, will be issued a PIN number to sign off on the required documents necessary to meet all FTA requirements. Alignment with City Council’s Vision and Strategic Plan: Not applicable Community Engagement: Not applicable. Budgetary Impact: FTA funds will be made available in a timely manner to reimburse the City for costs incurred to operate Charlottesville Area Transit. Recommendation: Staff recommends approval. Attachments: Resolution Designation of Signature Authority Form RESOLUTION BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the City Manager, or his designee, is hereby authorized to sign the following document, in form approved by the City Attorney or his designee. Designation of Signature Authority for the Transit Award Management System (TRAMS), authorizing the City Transit Director to execute applications and grant awards, and other transit-related documents on behalf of the City of Charlottesville. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 3, 2019 Action Required: Ordinance Adoption Staff Contacts: John Blair, City Attorney Presenter: John Blair, City Attorney Title: Amend Charlottesville-Albemarle Convention and Visitors Bureau Operating Agreement Background: The City of Charlottesville and Albemarle County have jointly funded and undertaken the operation of a joint convention and visitors’ bureau since 1979 for the purpose of promoting the Charlottesville Albemarle area as a tourist destination and site for conferences and meetings. Until recently, the Charlottesville-Albemarle Convention and Visitors’ Bureau (CACVB) was operated pursuant to a July 1, 2004 agreement between the City and the County. In June 2018, the Albemarle County Board of Supervisors and the City Council adopted a new operating agreement, effective July 1, 2018. On February 4, 2019, the City Council and Board of Supervisors enacted the first amendment to the 2018 operating agreement. Discussion: On August 15, 2019, the CACVB Executive Board adopted a motion to request the City Council and the Board of Supervisors adopt three amendments to the CACVB Operating Agreement. The first proposed change to the agreement is to designate either the President or Chief Executive Officer of the Charlottesville Regional Chamber of Commerce as a CACVB Executive Board member. The current operating agreement states that the City Council and Board of Supervisors members on the CACVB Executive Board will appoint the Chamber of Commerce representative to the Executive Board. The second proposed change to the agreement is to remove the CACVB Executive Director from the CACVB Executive Board as a non-voting member. The Freedom of Information Act (FOIA) only permits two members of a public body to meet at a time. Since the CACVB Executive Director is a non-voting member of the Executive Board, they may only meet with one other member of the Executive Board at a time without initiating the public meeting requirements of FOIA. This amendment removes the CACVB Executive Director from the board which will permit the Executive Director to meet with two CACVB Executive Board members without initiating FOIA’s public meeting requirements. The third proposed change to the agreement is to permit an exception to Albemarle County’s purchasing policies. Currently, the County’s purchasing policies prohibit the purchase of alcohol, and the operating agreement requires the CACVB to comply with the County’s procurement policies and ordinances. The third amendment would permit the CACVB Executive Director to purchase alcohol for tourism-related promotional and appreciation events with either the consent of the CACVB Executive Board, the County Executive, or the Albemarle County Chief Financial Officer. Additionally, the County Attorney’s Office is proposing deletion of all references of the transfer of fiscal agency and legal representation from the city to the county as of January 1, 2019. These are clean up amendments that remove reference to that particular date and those references are no longer necessary as the transfer is complete. Budgetary Impact: None Attachments: Proposed Ordinance Operating Agreement with marked up proposed amendments FIRST SECOND AMENDED AGREEMENT TO OPERATE A JOINT CONVENTION AND VISITORS’ BUREAU THIS AGREEMENT is entered into this ___ day of January October, 2019, by and between the County of Albemarle, Virginia (the “County”) and the City of Charlottesville, Virginia (the “City”). This agreement may be referred to as the “CACVB Agreement” and “this Agreement.” The County and the City may be referred to collectively as the “Parties.” RECITALS R-1 The County and the City are each enabled by Virginia Code § 15.2-940 to “expend funds from the locally derived revenues of the locality for the purpose of promoting the resources and advantages of the locality”; and R-2 The County is enabled by Virginia Code § 58.1-3819 to expend Transient Occupancy Taxes collected by it (amounts in excess of two percent of the total five percent authorized to be collected) solely for tourism and travel, marketing of tourism or initiatives that, as determined after consultation with tourism industry organizations, including representatives of lodging properties located in Albemarle County, attract travelers to the County, increase occupancy at lodging properties, and generate tourism revenues within the County; and R-3 The County and the City are each enabled by Virginia Code § 15.2-1300 to jointly exercise the authority granted to them pursuant to Virginia Code § 15.2-940, and they desire to enter into an agreement with one another to continue to jointly fund and operate the local convention and visitors’ bureau; and R-4 The County and the City desire to promote the resources and advantages of the County and the City, and to do so through the Charlottesville-Albemarle Convention and Visitors’ Bureau as provided in this Agreement. STATEMENT OF AGREEMENT The County and the City agree to the following: 1. Convention and Visitors’ Bureau Established and Authorized. The Charlottesville-Albemarle Convention and Visitors Bureau (the “CACVB”) is re-established and re- authorized. 2. Purpose of the CACVB. The purpose of the CACVB is to promote the resources and advantages of the County, the City, and the region pursuant to the terms and conditions of this Agreement, including marketing of tourism, as well as marketing of initiatives that: attract travelers to the City and County, increase lodging at properties located within the City and County, and generate tourism revenues within the City and County. 3. Organization of the CACVB. The CACVB shall be organized to have an Executive Board, an Executive Director, and staff serving the CACVB. A. Executive Board. An Executive Board is hereby established, and its composition and powers and duties are as follows: 1. Composition. The Executive Board shall be composed of the following fifteen voting members and one non-voting member: a. Two members of the County Board of Supervisors. b. Two members of the Charlottesville City Council. c. The County Executive or his designee. 1 d. The Charlottesville City Manager or his designee. e. The County Director of Economic Development or his designee. f. The City Director of Economic Development or his designee. g. The Executive Vice President of the University of Virginia or his designee. h. One tourism industry organization representative appointed by the County Board of Supervisors as provided in Section 3(A)(2)(b). i. One tourism industry organization representative appointed by the Charlottesville City Council as provided in Section 3(A)(2)(b). j. One representative of the arts community jointly appointed by designated members of the County Board of Supervisors and the Charlottesville City Council as provided in Section 3(A)(2)(c). k. One representative of the recreation community jointly appointed by designated members of the County Board of Supervisors and the Charlottesville City Council as provided in Section 3(A)(2)(c) l. One representative of the Chamber of Commerce jointly appointed by designated members of the County Board of Supervisors and the Charlottesville City Council as provided in Section 3(A)(2)(c) The President or Chief Executive Officer of the Charlottesville Regional Chamber of Commerce or designee. m. The President or Chief Executive Officer of the Thomas Jefferson Foundation or his designee. n. The Executive Director of the CACVB (non-voting member). 2. Appointments to the Executive Board. Appointments to the Executive Board shall be made as follows: a. Appointment of Members of the County Board of Supervisors and the Charlottesville City Council; Alternates. The members of the County Board of Supervisors and the Charlottesville City Council who serve on the Executive Board shall be appointed by their respective governing bodies for terms determined by the respective governing bodies. The County Board of Supervisors and the Charlottesville City Council may appoint alternates to attend any meeting(s) that the regular appointees cannot attend. An alternate attending a meeting in place of the regular member may vote on behalf of the Board or Council at any such meeting. b. Appointment of Representatives of Tourism Industry Organizations; Term. The tourism industry representatives identified in Sections 3(A)(1)(h) and (i) shall be appointed by a majority vote of the members of the County Board of Supervisors or the Charlottesville City Council, respectively, present and voting. Each appointment shall be for a two-year term; no person serving under this appointment may be appointed to more than four consecutive two-year terms, exclusive of time served in the unexpired term of another. c. Appointment of Representatives of the Arts and Recreation Communities and the Chamber of Commerce; Term. The arts and recreation community representatives and the Chamber of Commerce representative identified in Sections 3(A)(1)(j) and (k), and (l) shall be made by a majority of the four members of the County Board of Supervisors and the Charlottesville City Council appointed to the Executive Board. Each appointment shall be for a two-year term; no person serving under this appointment may be appointed to more than four consecutive two-year terms, exclusive of time served in the unexpired term of another. 2 3. Powers and Duties of the Executive Board. The Executive Board shall: a. Adopt a Strategic Plan. Adopt a strategic plan for the CACVB that is consistent with the purposes of the CACVB. b. Adopt By-laws. Adopt by-laws, which shall include procedures and rules for electing a chair, a vice-chair, the conduct of its meetings, and regulating the business of the Executive Board. c. Adopt Policies and Plans. Adopt any policies or plans consistent with the purposes of the CACVB and that may provide direction to the CACVB. d. Marketing Strategies, Performance Measures, and Indicators. Approve general marketing strategies and programs, and establish performance measures and indicators. e. Hold Meetings; Quorum; Voting. Hold a regular meeting at least once every two months. Each meeting shall be conducted in compliance with the Virginia Freedom of Information Act (Virginia Code § 2.2-3700 et seq.). Eight voting members of the Executive Board physically present at the meeting constitute a quorum. The Executive Board shall act only by a majority vote of those voting members present and voting at a lawfully held meeting. f. Adopt a Budget. Adopt a budget for the CACVB’s operations and activities each fiscal year. g. Contracts. Acting through its Executive Director, arrange or contract for (in the name of the CACVB) the furnishing by any person or company, public or private, of goods, services, privileges, works or facilities for and in connection with the scope of Section 2 of this Agreement and the administrative operations of the CACVB and its offices. The contracts may include any contracts for consulting services related to tourism marketing and to promoting the County, the City, and the region. h. Appoint the Executive Director; Performance; Termination. Appoint the Executive Director, who shall serve at the pleasure of the Executive Board, and evaluate the Executive Director’s performance each year. If the CACVB does not have an Executive Director or an interim Executive Director on July 1, 2018, until the Executive Board appoints an interim or permanent Executive Director, the County shall provide an employee currently on its payroll to serve as an interim Executive Director for the CACVB, commencing July 1, 2018 and continuing only until such time as the newly constituted Executive Board has appointed an interim or permanent Executive Director. i. Offices. Provide regular staffed visitor services at one location within the City of Charlottesville and one location within the County of Albemarle. Additional locations may be approved by the Executive Board. The Executive Board shall approve the location and terms and conditions for purchasing or leasing any CACVB office(s), and may, by recorded vote or resolution, authorize the Executive Director to execute any required instrument pertaining thereto. j. Official Seal. Establish and maintain an official seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing it, or in any other manner reproducing it. 4. Attendance. Members of the Executive Board or their designees are expected to attend all regular meetings of the Executive Board. The Executive Board may request the County Board of Supervisors or the Charlottesville City Council, as the case may be, to replace any Executive Board Member appointed by that body, or the designated members thereof, to replace any Member who is absent, or whose designee is absent, from more than three regular meetings during a calendar year. 3 B. Executive Director. The position of Executive Director is hereby established. The powers and duties of the Executive Director are as follows: 1. Promotion. Promote the resources and advantages of the County, the City, and the region pursuant to the terms and conditions of this Agreement, the Strategic Plan, and other policies and plans adopted by the Executive Board within the scope of Section 2 of this Agreement, subject to the following: a. Services Provided Until Executive Board Directs Otherwise. Beginning July 1, 2018, and until the Executive Board directs otherwise, the Executive Director and the persons hired to provide services for the CACVB shall provide the services identified in Attachment A, incorporated by reference herein. b. Services Identified by the Executive Board to be Provided. When the Executive Board identifies different or additional services to be provided by the CACVB, the Executive Director and the persons hired to provide services for the CACVB shall provide those services. The different or additional services may include, but are not limited to, expanding destination packages focusing on the arts, wineries, breweries, and distilleries; promoting heritage and cultural tourism and including this area’s African-American heritage; promoting agritourism; promoting outdoor recreational tourism for activities such as hiking, bicycling, kayaking, and canoeing; and developing and promoting events and activities related to the arts, local resources, and local businesses. 2. Budgeting. Recommend an annual budget to the Executive Board. 3. Contracting. Execute contracts on behalf of the CACVB; perform the duties of purchasing officer on behalf of the Executive Committee, subject to compliance with Albemarle County procurement ordinances and procedures. The Executive Director shall procure all goods and services in compliance with the County’s procurement laws and procedures, or may delegate procurement responsibilities to the County’s purchasing agent. As an exception to the County’s procurement laws and procedures, the Executive Director or the County’s purchasing agent, if delegated procurement responsibilities under this section, may contract for or purchase alcoholic beverages for tourism-related promotional and appreciation events and familiarization tours with the advance written approval of (i) the Executive Board or (ii) the County Executive or (iii) the County Director of Finance/Chief Financial Officer. 4. Reports. The Executive Director shall provide to the Executive Board any reports required by this Agreement or requested by the Executive Board. 5. Distribute the Budget and Provide a Balance Sheet. The Executive Director shall provide the CACVB’s adopted annual budget to the County and the City and a balance sheet showing the CACVB’s revenues and expenditures for the prior fiscal year and the fund balance, if any, from the prior fiscal year. The budget and the balance sheet shall be provided by December 31 each year. 6. Employees. The Executive Director shall recruit, hire, and manage persons to be employed to perform services for the CACVB, subject to Section 8 of this Agreement. 4. Funding the CACVB. The CACVB shall be funded as follows: A. Funding Cycle. The County and the City agree to fund the activities and responsibilities of the CACVB during each Fiscal Year (July 1 through June 30 of each calendar year) in which this Agreement remains in effect, beginning with the Parties’ Fiscal Year 2019. B. Funding Levels. Subject to Subsection 4(F), the County and the City shall provide funding for the CACVB in each Fiscal Year in an amount equal to 30 percent of its Transient Occupancy Tax 4 revenues collected by it in the most recent Fiscal Year (“Actuals”). This specified percentage and obligation is based on, and specifically limited to, a Transient Occupancy Tax of five percent in each locality. If either the County or the City enacts a Transient Occupancy Tax greater than five percent, that Party’s funding obligation under the formula in this subsection is not changed by the increase in the tax rate for the Transient Occupancy Tax. C. Payments to the Fiscal Agent. Annual funding provided pursuant to Subsection 4(B) shall be delivered by the Party that is not the Fiscal Agent to the Party that is the Fiscal Agent in equal quarterly payments, payable on July 1, October 1, January 1, and April 1 each year, due upon receipt of an invoice from the Fiscal Agent. D. Budget. The budget prepared and recommended by the Executive Director shall be presented to the Executive Board, and the recommended budget shall use the Actuals provided by the County and the City and referenced in Subsection 4(B), and any other revenue sources. Following receipt of a recommended budget from the Executive Director, the Executive Board shall take action to approve an annual budget, no later than May 1 each calendar year. E. Documenting Costs. All costs incurred and expenditures made by the CACVB in the performance of its obligations under this Agreement shall be supported by payrolls, time records, invoices, purchase orders, contracts, or vouchers, and other documentation satisfactory to the County and the City, evidencing in proper detail the nature and propriety of the costs. Records shall be maintained in accordance with Virginia law. Upon request by either the County or the City, the Executive Director shall allow City or County officials to inspect the documentation and records pertaining in whole or in part to this Agreement, or the Executive Director may, if acceptable to the requesting party, provide reports summarizing information within CACVB’s records. F. Appropriations. Notwithstanding any other provisions of this Agreement, the County’s and the City’s obligation to fund the CACVB is expressly contingent upon the availability of public funds derived from Transient Occupancy Tax revenues and the annual appropriations of those funds thereof by the Parties. The City’s appropriations of funds for the promotion and advertisement of the City are and shall be further subject to the provisions of Section 21 of the City’s Charter. 5. Permitted and Prohibited Uses of Funds, Goods, and Services by the CACVB. The CACVB shall expend revenues and use its funds, goods, and services only as follows: A. Purposes for Which Tax Revenues May be Spent. Revenues appropriated by the County and the City to the CACVB shall be expended only for the purposes for which their respective Transient Occupancy Tax revenues may be spent, as may be governed by state enabling legislation, the City’s charter, and local ordinances. B. Prohibited Use of Funds, Goods, and Services for Political Purposes. The CACVB shall not expend its funds, use its materials or property, or provide services, either directly or indirectly, for any partisan political activity, to further the election of, or to defeat, any candidate for public office. 6. Duration of this Agreement; Termination. This Agreement shall be effective on July 1, 2018 as of October 2, 2019, and remain in effect until it is terminated by the Parties, or either of them, as follows: A. Termination by One Party. Either the County or the City may terminate this Agreement by giving at least six months’ written notice to the other Party. B. Termination by Mutual Agreement. The County and the City may mutually agree to terminate this Agreement under any terms and conditions they agree to. 5 C. Termination by Non-appropriation. If either the County or the City fails to appropriate funds in the amount required to support its obligations under this Agreement for a subsequent fiscal year, then this Agreement shall automatically terminate at the end of the then-current fiscal year. 7. Performance. The performance of the CACVB shall be measured as follows: A. Until New Performance Measures and Performance Indicators are Adopted. From July 1, 2018, until the Executive Board adopts new performance measures and performance indicators, the CACVB shall: 1. Return on Investment. Meet a return on investment ratio of 7:1 annually that is based on seven dollars of total direct visitor expenditures for every one dollar of funding provided to the CACVB by the County and the City pursuant to the formula in Attachment A. 2. Performance Measures. Measure performance using the specific measures in Attachment A. 3. Performance Indicators. Track the performance indicators identified in Attachment A. B. Adopted Performance Measures and Performance Indicators. When the Executive Board adopts a new required return on investment, new performance measures, and new requirements to track performance indicators, the CACVB shall meet and perform those new measures and requirements. C. Audits. The County and the City may, at their option, request an independent audit of the CACVB’s books and records. The cost of the audit shall be shared equally by the County and the City. 8. Fiscal Agent Designation; Services. The County and the City will provide the following fiscal services for the CACVB: A. Fiscal Agent. The City will continue to serve as Fiscal Agent for the CACVB through December 31, 2018. Effective January 1, 2019, the County shall serve as Fiscal Agent for the CACVB. The Fiscal Agent shall be entitled to a fee of two percent of the Actuals referenced in Section 4(B) as compensation for acting as Fiscal Agent. This fee may be deducted from the Fiscal Agent’s funding contribution pursuant to Section 4 each year. B. Insurance. The County will provide liability insurance coverage to the CACVB. C. Legal Services. The City Attorney will continue to provide legal services to the CACVB through December 31, 2018. Commencing on January 1, 2019, the County Attorney shall provide legal services to the CACVB, provided that representation does not create a conflict of interest under any rules of professional responsibility or other ethical rules of conduct. In the event any such conflict arises, the County Attorney shall so advise the Executive Board, so that the Executive Board may make necessary arrangements to obtain legal services. If the County Attorney anticipates any such conflict(s), he shall advise the Executive Board prior to January 1, 2019. D. Other Services. The County shall act as the CACVB’s accounting and disbursing office; provide personnel administration services; maintain personnel and payroll records; provide information technology services; provide procurement services and maintain purchasing accounts and monthly statements; and contract for annual audits. Personnel administration shall include the matters referenced in paragraph E, following below. E. Personnel Administration. The employment of the Executive Director and any other persons hired to perform services for the CACVB are subject to the following: 6 1. County Employees. Any Executive Director or other person hired on or after July 1, 2018 to perform services for the CACVB shall be hired as an employee within the County’s personnel and payroll systems. a. Transition of Employees Hired Prior to July 1, 2018. Effective January 1, 2019, or as soon thereafter as the County and the City have created and funded an Employee Transition Plan, any person who was hired prior to July 1, 2018 to perform services for the CACVB shall be transitioned to become an employee of the County and shall be classified within the County’s pay system and shall be paid in accordance with the County’s payroll system and policies and its personnel policies. Until January 1, 2019, all such employees shall remain within the City’s personnel/payroll system. b. Pay and Benefits for Transitioning Employees. Within their Employee Transition Plan, the City and the County shall provide benefits and funding, as necessary to assure, to the fullest extent practicable, that no employee will lose pay or retirement benefits as a result of making the transition from City to County employment. With respect to retirement benefits, it is the intention of the Parties to keep each person transitioning from City to County employment whole, and to ensure that they neither lose retirement credit for time employed nor monetary contributions made to the City’s retirement plan. 2. Duty Owed to Both the County and the City. The Executive Director and any other persons hired to perform services for the CACVB owe a duty of good faith and trust to the CACVB itself as well as to both the County and the City as the localities which provide public funding for the CACVB. F. Sooner Transfer of Fiscal Agency. Notwithstanding the January 1, 2019 date for fiscal agency to transfer from the City to the County as provided in this section, fiscal agency may transfer sooner if the County and the City have created and funded the Employee Transition Plan as provided in subsections 8(E)(1)(a) and (b) and the County and the City are otherwise prepared for fiscal agency to transfer. 9. Disposition of Property Upon Termination or Partial Termination. Upon the expiration or earlier termination of this Agreement, all personal property of the CACVB shall be and remain the joint property of the County and the City for disposition, and the proceeds of disposition shall be pro-rated between the County and the City in accordance with the ratio of the amounts provided by each of them to the CACVB: (i) as capital contributions since 1979; and (ii) as contributions of operating funds during the 10 years preceding the date of termination, as compared with the aggregated contributions of the County and the City during that same 10-year period. 10. Liability. Any liability for damages to third parties arising out of or in connection with the operations and activities of the CACVB and any persons employed to provide services for the CACVB shall be shared jointly by the County and the City, to the extent that any liability is not covered by funding within the CACVB’s budget or liability insurance proceeds, and only to the extent that the County and the City may be held liable for damages under the laws of the Commonwealth of Virginia. 11. Miscellaneous. A. Ownership of Materials; Copyright; Use. Any materials, in any format, produced in whole or in part pursuant to this Agreement are subject to the following: 1. Ownership. The materials are jointly owned by the County and the City. 7 2. Copyright. The materials are copyrightable only by the County and the City. Neither the CACVB, the Executive Board, nor any of its members, the Executive Director, any CACVB employee, nor any other person or entity, within the United States or elsewhere, may copyright any materials, in any format, produced in whole or in part pursuant to this Agreement. 3. Use. The County and the City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared by or for the CACVB pursuant to this Agreement. B. Amendments. This Agreement may be amended in writing as mutually agreed by the County and the City. C. Assignment. The CACVB shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the County and the City. D. Severability. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that determination shall not affect the validity or enforceability of any other part of this Agreement. E. Entire Agreement. This Agreement contains the entire agreement of the County and the City and supersedes any and all other prior or contemporaneous agreements or understandings, whether verbal or written, with respect to the matters that are the subject of this Agreement. F. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia. G. Approval Required. This Agreement shall not become effective or binding upon the County and the City until it is approved by ordinances of the Charlottesville City Council and the Albemarle County Board of Supervisors. IN WITNESS WHEREOF, and as authorized by duly adopted ordinances of the Albemarle County Board of Supervisors and the Charlottesville City Council, the County and the City each hereby execute this Agreement as of the date first above written, by and through their respective authorized agents or officials: CITY OF CHARLOTTESVILLE, VIRGINIA By: ________________________________ Approved as to Form: __________________ City Manager City Attorney COUNTY OF ALBEMARLE, VIRGINIA By: ________________________________ Approved as to Form: __________________ County Executive County Attorney 8 This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 3, 2019 Action Requested: Public Hearing and 1st Reading on Ordinance Presenter: Lauren Hildebrand, Director of Utilities Staff Contacts: Lauren Hildebrand, Director of Utilities John Blair, City Attorney Title: Release of a Portion of a Gas Line Easement: Shops at Stonefield Background: In January of 2015, the City acquired a natural gas line easement across property designated as Albemarle County Tax Map Parcel 61A-3-19A, located in the Shops at Stonefield shopping center. The proposed building (C&F Bank) in the Stonefield shopping center will encroach into the easement and the property owner and the Department of Utilities have agreed to relocate a portion of the easement. At the request of the Department of Utilities, an ordinance releasing a portion of the 2015 easement, a Deed of Partial Release, and the plat depicting its location have been prepared. The property owner has already granted a new easement for the relocated portion of the gas line easement (Albemarle County Deed Book 5202, Page 363). Discussion: The easement to be partially released was granted to the City in 2015. The Department of Utilities has no objection to the release of this small portion of the easement in order to cure the encroachment. Alignment with Council Vision Areas and Strategic Plan: Not applicable. Community Engagement: A public hearing is required by law to give the public an opportunity to comment on the proposed conveyance of a property interest. Notice of such public hearing was advertised in the local newspaper at least 7 days in advance of the public hearing. Budgetary Impact: None. Recommendation: Staff recommends approval of the ordinance releasing a portion of the existing gas easement. Attachments: Ordinance and Deed of Release of Easement (with plat attached). AN ORDINANCE AUTHORIZING THE RELEASE OF A PORTION OF A NATURAL GAS EASEMENT GRANTED TO THE CITY BY OCT STONEFIELD PROPERTY OWNER, LLC WHEREAS, OCT Stonefield Property Owner, LLC is the current owner of property located at 3924 Lenox Avenue in The Shops at Stonefield shopping center in the County of Albemarle (Albemarle Tax Map Parcel No. 61W-3-19A); and WHEREAS, OCT Stonefield Property Owner, LLC has requested release of a portion of the permanent natural gas easement granted to the City by deed dated January 8, 2015, of record in the Albemarle County Circuit Court Clerk’s Office in Deed Book 4576, page 428, in order to cure an existing encroachment of their building into the easement area, as shown on a plat made by W/W Associates, dated July 18, 2019; and WHEREAS, the Director of Utilities has reviewed the request and determined that the City has no objection to releasing said portion of the above described easement; and WHEREAS, in accordance with Virginia Code Sec. 15.2-1800(B), a public hearing was held to give the public an opportunity to comment on the partial release of this easement; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Mayor is hereby authorized to execute a Deed of Release of Easement, in form approved by the City Attorney, to release a portion of the above-described natural gas easement. Prepared by John C. Blair, II, Esq. (VSB #65274) Charlottesville City Attorney’s Office, P.O. Box 911, Charlottesville, VA 22902 Albemarle Tax Map 061W0-03-00-019A0 (Shops at Stonefield) This deed is exempt from state recordation taxes imposed by Virginia Code §58.1-802 pursuant to Virginia Code §58.1-811(C)(4). THIS DEED OF PARTIAL RELEASE OF EASEMENT, made and entered into this _____ day of __________________, 20___, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, Grantor, hereinafter “City”, and OCT STONEFIELD PROPERTY OWNER, LLC, a Delaware limited liability company, “Grantee”, whose address is 240 Royal Palm Way, Suite 201, Palm Beach, Florida 33480. WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the City hereby VACATES, ABANDONS, QUITCLAIMS and EXTINGUISHES all right, title and interest to a portion of the natural gas easement acquired by the City by Deed of Easement dated January 8, 2015, of record in the Clerk’s Office for the Albemarle County Circuit Court in Deed Book 4576, page 428. The vacated easement area is located on property owned by Grantee near Blackbird Lane in Albemarle County, and shown as a cross-hatched area labeled “Areas of Gas Line Easement To Vacate” on the attached plat dated July 18, 2019, made by W/W Associates. WITNESS the following signature and seal. 1 CITY OF CHARLOTTESVILLE, VIRGINIA By: ___________________________________ Nikuyah Walker, Mayor STATE OF VIRGINIA City of Charlottesville The foregoing instrument was acknowledged before me, a Notary Public in and for the aforesaid City and State, by Nikuyah Walker, Mayor of the City of Charlottesville, on this _________ day of _______________________, 20____. My commission expires: _____________________________ _________________________________________ Notary Public Registration #: __________________ 2 This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 3, 2019 Action Required: Public Hearing and 1st Reading on Ordinance Presenter: Lauren Hildebrand, Director of Utilities Staff Contacts: Lauren Hildebrand, Director of Utilities John Blair, City Attorney Title: Valley Road, Monroe Lane and Jefferson Park Avenue Easements to the University of Virginia Background: In 2007 at the request of the University of Virginia (UVA), City Council approved a proposal to close and vacate a portion of Valley Road to mitigate cut-through traffic from the South Lawn Project and to accommodate requests from the adjacent neighborhood if utility and pedestrian access easements were granted to the City by the University of Virginia. The closing and vacation of Valley Road also required a sidewalk (already completed) in the pedestrian access easement location. In 2014, UVA granted the City the utility and pedestrian access easements in a portion of Valley Road. In 2016, UVA developed a Master Plan to redevelop several properties adjacent to Brandon Avenue, to be constructed as a model green student community that will include academic spaces, student wellness facilities, student housing and a central “green street.” Brandon Avenue is centrally located near the Health System, the South Lawn, and Jefferson Park Avenue. The redevelopment project envisions multi-functional green space, enhanced pedestrian connections, and a mix of uses for the student community. UVA is nearing completion of the student housing building and has started construction on the wellness facilities. Discussion: UVA has requested the City vacate a utility easement and a pedestrian access easement in a portion of Valley Road. This request is to accommodate the construction for the Brandon Avenue project and the proposed buildings. In addition, UVA has submitted to the City a utility easement and pedestrian access easement in the same area that will accommodate the proposed buildings. The City has reviewed the easements and they will meet the City’s needs. The City’s approval should be conditioned upon UVA granting the City the new utility and pedestrian access easements. UVA has requested the City approve an easement to allow a connection of a new UVA water line to an existing UVA water line in Jefferson Park Avenue. UVA has also requested the City approve easements for a fiber optic line in Jefferson Park Avenue and Monroe Lane. These connections are to accommodate the Brandon Avenue project. The Departments of Utilities, Public Works, and Neighborhood Development Services have reviewed the request for easements and find them acceptable. Alignment with City Council’s Vision and Strategic Plan: The project supports City Council’s “Green City” and “A Center for Lifelong Learning” vision. It contributes to Goal 3: A Beautiful and Sustainable Natural and Built Environment, and Objective 3.1: Engage in robust and context sensitive urban planning and implementation. Community Engagement: A public hearing is required by law to give the public an opportunity to comment on the proposed conveyance of a public interest. Notice of the public hearing was advertised in the local newspaper at least 7 days in advance of the public hearing Budgetary Impact: There is no budget impact to the City. Recommendation: Staff recommends approval of the vacation of the utility and pedestrian access easements conditional upon UVA granting the City utility and pedestrian access easements in another location in Valley Road. Staff also recommends approval of the easements for the waterline in Jefferson Park Avenue and the fiber optic line in Jefferson Park Avenue and Monroe Lane. Alternatives: Council could choose to deny the request and UVA would not be able to provide the needed infrastructure for the Brandon Avenue project. Attachments: Proposed Ordinance Proposed Deed of Vacation and Deed of Easement with associated Plats AN ORDINANCE TO VACATE CERTAIN EASEMENTS NEAR VALLEY ROAD AND TO GRANT EASEMENTS FOR FIBER OPTIC AND WATER LINES IN JEFFERSON PARK AVENUE AND MONROE LANE TO THE UNIVERSITY OF VIRGINIA WHEREAS, the University of Virginia (“UVA”) has developed a Master Plan to redevelop multiple properties along Brandon Avenue, Jefferson Park Avenue, Monroe Lane and Valley Road (“Brandon Avenue Project”); and WHEREAS, the Brandon Avenue Project requires installation of new fiber optic lines, utility lines, bike and pedestrian trails, and other facilities, some of which will be located in the public rights-of-way and require easements from the City; and WHEREAS, the proposed easements to be granted by the City to UVA have been reviewed and found acceptable by Neighborhood Development Services, Public Utilities and Public Works, and are shown on the attached plat dated March 5, 2019 (fiber optic lines), and the attached plat dated May 8, 2019 (water line); and WHEREAS, the City’s Department of Utilities has reviewed the request to release the utility and pedestrian access easements, shown on the attached plat dated June 28, 2019, granted by UVA to the City in 2014, and has no objection to the release because new easements for such purposes are being granted by separate deeds of easement; and WHEREAS, in accordance with Virginia Code Sec. 15.2-1800(B), an advertised public hearing was held to give the public an opportunity to comment on the release of the 2014 easements and the grant of the fiber optic and water line easements to UVA; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that this City Council does hereby: (1) Release the existing 2014 public utility and pedestrian access easements located near Valley Road on UVA property, as shown on the plat dated June 28, 2019, conditioned upon UVA simultaneously granting the City of Charlottesville utility and pedestrian access easements in substantially the same area; (2) Grant an easement for fiber optic lines in the Jefferson Park Avenue and Monroe Lane rights-of-way, as shown on the plat dated March 5, 2019; and (3) Grant an easement for water lines in the Jefferson Park Avenue right-of-way, as shown on the plat dated May 8, 2019. BE IT FURTHER ORDAINED that the Mayor is hereby authorized to execute: (1) Deed of Release of Easement, in form approved by the City Attorney, to vacate and release the public utility and pedestrian access easement acquired by the City by deed dated September 11, 2014, of record in the Charlottesville Circuit Court Clerk’s Office as Instrument No. 2014004270; and (2) Deed of Easement granting easements for fiber optic lines in the Jefferson Park Avenue and Monroe Lane rights-of-way, and a water line in the Jefferson Park Avenue right-of-way. Prepared by John C. Blair, II, Esq. (VSB #65274) Charlottesville City Attorney’s Office P.O. Box 911, Charlottesville, Virginia 22902 Tax Map Parcels110028000; 110082000; 110091000 This deed is exempt from state recordation taxes imposed by Virginia Code §58.1-802 pursuant to Virginia Code §58.1-811(C)(4). THIS DEED OF ABANDONMENT OF EASEMENTS made this ______ day of ___________________, 2019, from the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation and political subdivision of the Commonwealth of Virginia (hereinafter, the “CITY”), GRANTOR, to THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, an educational institution of the Commonwealth of Virginia, GRANTEE, whose address is P.O. Box 400884, Charlottesville, Virginia 22904-4884. WITNESSETH: WHEREAS, GRANTEE is the owner of certain real property in the City of Charlottesville, Virginia, addressed as 1540 Jefferson Park Avenue, 500 Valley Road, and 417-419 Brandon Avenue, and designated on City Real Estate Tax Map 11 as Parcels 28, 82 and 91, respectively (the “Property”); and WHEREAS, by recordation of a Deed of Dedication, Consolidation, Resubdivision, Easement and Vacation, dated September 11, 2014, of record in the Charlottesville Circuit Court Clerk’s Office as Instrument 2014004270, the CITY was conveyed a general utility easement and right of way for the installation and maintenance of public utility facilities across the Property, and a pedestrian access easement and right-of-way for pedestrian ingress and egress by the public across the Property (hereinafter, the “Easements”; and WHEREAS, GRANTEE has requested the City to abandon and release the above- described Easements granted to the City in 2014, because the public utility facilities and pedestrian access area are being relocated slightly, and new easements to the City have been granted; and WHEREAS, the CITY has agreed to abandon and release the Easements as requested by GRANTEE, after holding a public hearing, advertised in accordance with Virginia Code Sec. 15.2- 1800(B), and adoption of an Ordinance by the Charlottesville City Council on ______________________, 2019. WITNESSETH: NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00), receipt of which is hereby acknowledged, the CITY does hereby VACATE, ABANDON, QUITCLAIM and RELEASE all its right, title and interest in and to the Easements acquired by the CITY by the above-referenced deed dated September 11, 2014, and shown on a plat dated June 28, 2019 made 1 by Dewberry Engineers, Inc., attached hereto and made a part hereof. IN WITNESS WHEREOF, the City of Charlottesville has caused this deed to be executed by its Mayor, pursuant to an Ordinance adopted by City Council on ______________________________, 2019. WITNESS the following signature. GRANTOR: CITY OF CHARLOTTESVILLE, VIRGINIA By: _________________________________ Nikuyah Walker, Mayor APPROVED AS TO FORM: ______________________________________ John C. Blair, II, City Attorney City of Charlottesville, Virginia COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE The foregoing instrument was acknowledged before me this _______ day of ____________________, 2019 by Nikuyah Walker, Mayor, on behalf of the City of Charlottesville, Virginia. ______________________________________ NOTARY PUBLIC Registration #: __________________________ My commission expires: __________________ 2 1} PROPERTY INFORMATION FROM DEEDS AND PLATS OF RECORD. THIS IS NOT A BOUNDARY SURVEY I RECTOR & VISITORS OF THE UNIVERSITY OF VIRGINIA D.B. 2014-4270 PARCEL 110028000 £X. CffY VAR. WIDTH UT1UTY EASEMENT INST 2014004270 EX. PED. ACCESS EASEMENT HEREBY VACA7E"D INST 2014004270 HEREBY VACATED -7 I I I I I I I I I I I I I I I I I I PORTION OF EXISTING PEDESTRAN I I EASEMENT HEREBY VACATED I I EXISTING UTILITY I I EASEMENT HEREBY VACATED I I I I I I ®RECTOR & VISITORS OF THE I I UNIVERSITY OF VIRGINIA INST. 2014-004270 0 60 120 SCALE: 1·=60' PLAT SHOWING VACATION OF EXISTING PEDESTRIAN SHEET 1 OF 1 EASEMENT AND EXISTING JN 50090099 OAT£· 6/28/19 VARIABLE WIDTH UTILITY EASEMENT RECORDED IN INST. Dewberry® 2014004270 4805 Lake Brook Drive CITY OF CHARLOrrESVILL£ - VIRGINIA Dewberry Glen Allen, VA 23060 PHONE: 804.290. 7957 Engineers Inc FAX: 804.290.7928 www.dewberry.com Prepared by: John C. Blair, II (VSB #65274) Charlottesville City Attorney’s Office P.O. Box 911, Charlottesville, VA 22902 Tax Map 11 (Jefferson Park Avenue and Monroe Lane) This deed is exempt from state recordation taxes pursuant to Virginia Code §§ 58.1-811(A)(1) and 58.1-811(C)(4). THIS DEED made this ______ day of ________________, 2019, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, hereinafter called Grantor, and THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA, an educational institution of the Commonwealth of Virginia, whose address is P.O. Box 400884, Charlottesville, Virginia 22904-0884, hereinafter called Grantee; WITNESSETH: That for the sum of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby grant unto Grantee the following described easements in the Jefferson Park Avenue and Monroe Lane rights-of-way for fiber optic lines and water lines, hereinafter referred to as the “Facilities”: (1) A private communications easement, and such piping, conduit, electrical and related Facilities as Grantee desires to place in such duct bank, located within the rights-of way of Jefferson Park Avenue and Monroe Lane, as shown on a plat prepared by Dewberry Engineers, Inc, entitled “Plat of 20’ Private Communications Easements To Be Dedicated to Rector & Visitors of the University of Virginia, City Of Charlottesville, Virginia”, dated March 5, 2019, which is attached hereto and made a part of this deed; and (2) A 20’ wide water line easement, and such lines, pipes, and facilities connected therewith, located within the right-of-way of Jefferson Park Avenue, as shown on a plat prepared by Dewberry Engineers, Inc, entitled “Plat Showing A 20’ Private Water Line Easement Granted to The Rector And Visitors of the University of Virginia, City of Charlottesville, Virginia”, dated May 8, 2019, which is attached hereto and made a part of this deed. The Facilities constructed by Grantee shall remain the property of Grantee. Grantee shall have the right to inspect, rebuild, repair, improve and make such changes, alterations, additions to or extensions of its Facilities within the boundaries of said easement which are consistent with the purposes expressed herein. All construction, maintenance, equipment and facilities shall comply with any applicable laws, regulations or codes. Grantee shall restore Grantor’s premises, including the right-of-way, as nearly to its original condition as practicable, including backfilling of trenches, reconstruction of sidewalks, curbs or roads, reseeding of lands, removal of trash and debris, and removal of any of Grantee’s equipment, accessories or appurtenances not consistent with the construction, maintenance or operation of said Facilities or the exercise of any rights or privileges expressed herein. Grantee shall maintain said Facilities in such repair as not to endanger or otherwise limit the enjoyment and use of adjacent properties. Grantee shall have the right of ingress to and egress from said easements over the lands of the Grantor. Grantee shall exercise such right in such manner as shall not occasion injury or unreasonable inconvenience to the Grantor or the public. Grantee shall at Grantor’s election pay for or repair any injury to any of Grantor’s land, structures, roads, fences, sidewalks, curbs and other improvements caused by Grantee, its employees, agents or contractors. Grantee shall notify Grantor immediately of any such injury, and shall make said payment or repair as soon as reasonably possible but not to exceed thirty (30) days after such injury occurs. Grantee shall be responsible for the payment of those claims for personal injury or death arising out of any act or omission of its employees or agents in connection with the exercise of its rights hereunder for which it is held liable under applicable law. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of Grantee. Grantor, its successors and assigns, may use said right-of-way for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with the safe and efficient construction, operation or maintenance of Grantee’s Facilities. Grantor’s use of the right-of-way as a public road shall not in any way be construed to constitute interference with the construction, operation or maintenance of Grantee’s Facilities. These easements shall be in effect for a period of forty (40) years; however, if Grantee at any time discontinues use of all or any portion of the easements herein conveyed for a period of one (1) year, all of Grantee’s rights and interest in said easements or portion thereof shall terminate and revert to Grantor, its successors and assigns, and Grantee shall at its expense remove any Facilities and restore Grantor’s property as nearly to its original condition as practicable, and on written request by Grantor, Grantee shall quitclaim and release same. If either party at any time deems it necessary or advisable to relocate for Grantor’s convenience any of Grantee’s Facilities installed and used pursuant to this deed of easement, Grantee shall relocate such Facilities to a route or place mutually agreed upon between Grantor and Grantee; provided Grantor, for no additional consideration, shall grant unto Grantee such easements as may be necessary to effect such relocation, subject to the same rights, privileges and conditions, as hereinabove set forth. If such relocation is for the convenience of Grantee, Grantee shall pay the costs of such relocation and restoration of Grantor’s property. If such relocation is for the convenience of Grantor, Grantor shall reimburse Grantee the costs of such relocation and restoration of Grantor’s property. Upon relocation of any of the Facilities from any portion of the easements hereby granted, that portion of the easement shall automatically terminate and all rights, title and interest therein shall revert to Grantor. Upon receipt of written request from Grantor, Grantee shall execute a deed of quitclaim to evidence such reversion to Grantor. Both Grantor and Grantee agree and attest that no other agreement, either written 2 or implied, has been entered into by either or both parties except as expressed hereinabove, in regard to this specific subject matter. Grantor covenants that it is seized of and has the right to convey these easements, that Grantee shall have quiet possession, use and enjoyment of the easements, and that Grantor shall execute such further assurances thereof as may be required. [SIGNATURE PAGES TO FOLLOW] 3 WITNESS the following signatures and seals: THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA _____________________________ Jennifer W. Davis Executive Vice President & Chief Operating Officer STATE OF VIRGINIA COUNTY/CITY OF _________________________, to wit: The foregoing instrument was acknowledged before me this _____ day of ________________, 20_____, by Jennifer W. Davis for The Rector and Visitors of the University of Virginia. My commission expires: __________________________________. Registration Number: _____________________________ __________________________________ NOTARY PUBLIC Reviewed and Approved as to Form and Legal Sufficiency: ___________________ Pamela H. Sellers Associate University Counsel Special Assistant Attorney General 4 IN WITNESS WHEREOF, the City of Charlottesville has caused this deed to be executed by its Mayor, pursuant to an Ordinance adopted by City Council on ________________________, 20_____. CITY OF CHARLOTTESVILLE, VIRGINIA _________________________________________ Nikuyah Walker, Mayor STATE OF VIRGINIA CITY OF CHARLOTTESVILLE, to wit: The foregoing instrument was acknowledged before me this ______ day of ______________________, 20_____, by Nikuyah Walker, Mayor of the City of Charlottesville, Virginia. My commission expires: ___________________ Registration Number: ____________ __________________________________ NOTARY PUBLIC Approved as to Form: ________________________________ John C. Blair, II City Attorney 5 1} PROPERTY INFORMATION FROM DEEDS AND PLATS OF RECORD. THIS IS NOT A BOUNDARY SURVEY LINE BEARING DISTANCE L1 S 88.38'49" E 51.08' L2 N 24.08'12" E 39.64' L3 N 04.38'47.. W 23. 14. 20' PRIVATE COMMUNICATIONS EASEMENT DEDICATED TO UNIVERSITY OF VIRGINIA 20' PRIVATE JEFFERSON PARK AVE. COMMUNICATIONS EASEMENT VARIABLE WIDTH R/W DEDICATED TO UNIVERSITY-------. OF VIRGINIA :3899321.53 N:3899313. 70 E:11482187.95 £·11482096. 02 RECTOR & VISITORS OF THE RECTOR & VISITORS OF THE UNIVERSITY OF VIRGINIA UNIVERSITY OF VIRGINIA D.8. 276, PG. 468 D.8. 279, PG. 29 PARCEL 110107000 PARCEL 110 110000 .. 0 50 100 PLAT OF SCALE: 1·=50' 20' PRIVATE COMMUNICATIONS OAT£· 3/5/19 EASEMENTS TO BE DEDICATED TO RECTOR & VISITORS OF THE Dewberry® 4805 Lake Brook Drive UNIVERSITY OF VIRGINIA Dewberry Glen Allen, VA 23060 PHONE: 804.290. 7957 CITY OF CHARLOTTESVILLE. VIRGINIA Engineers Inc FAX: 804.290.7928 www.dewberry.com 1) PROPERTY INFORMATION FROM DEEDS AND PLATS OF RECORD. THIS IS NOT A BOUNDARY SURVEY ,~ 20' PRNAT£ WATERUNE EASEMENT v GRANTED TO THE N:3899365.68 , . . . - + - - - RECTOR AND VISffORS OF THE £:11481846.75 UNIVERSITY OF VIRGINIA EP EP JEFFERSON PARK AVE. VARIABLE WIDTH R/W LINE BEARING DISTANCE L1 N 34"23'05" E 40.78' L2 N 00"02'57" E 41.85' RECTOR & VISITORS OF THE UNIVERSITY OF VIRGINIA D.B. 276, PG. 468 PARCEL 110107000 0 50 100 SCALE: 1"=50' PLAT SHOWING A 20' PRIVATE JN 50090099 DATE: 5/8/2019 WATER LINE EASEMENT GRANTED TO THE RECTOR AND VISITORS OF THE tJ Dewberry® 4805 Lake Brook Drive UNIVERSITY OF VIRGINIA Dewberry Glen Allen, VA 23060 PHONE: 804.290. 795 7 CITY OF CHARLOTTESVILLE, VIRGINIA Engineers Inc FAX: 804.290. 7928 www. dewberry.com This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 3, 2019 Action Required: Consideration of a Zoning Text Amendment Presenter: Missy Creasy, Assistant Director, NDS Brennen Duncan, Traffic Engineer Staff Contacts: Missy Creasy, Assistant Director, NDS Brennen Duncan, Traffic Engineer Lisa Robertson, Deputy City Attorney Title: ZT19-06-01 – Modify Access Requirements Background: At the May 2019 Planning Commission Meeting, Mr. Trey Steigman requested that the Commission consider the initiation of a Zoning Text Amendment to change access requirements in the zoning ordinance (City Code Section 34-896 which currently requires at least two vehicular points of entry if a development contains 50 or more units). Mr. Steigman is undertaking a development that will have more than 50 dwelling units, but he believes that having to satisfy a requirement for two points of vehicular access is not reasonable and does not allow for flexibility in site design. The Commission discussed this item at the June Work Session and initiated review on July 9, 2019. Staff developed language that was reviewed by the Commission in July 2019 and a Joint hearing was held on August 13, 2019. Proposed Zoning Text Change Revise §34-896. - Access. as follows: (a) Each development shall provide for safe and convenient ingress from and egress to one (1) or more public roads. Each entrance onto any street for vehicular traffic to and from a development shall be designed to: reduce or prevent congestion in the public streets; minimize conflict and friction with vehicular traffic on the public street, and on-site; minimize conflict with all of the various modes of traffic, including, without limitation, pedestrian traffic (“multimodal traffic”); and provide continuous and unobstructed access for emergency purposes, such as police, fire and rescue vehicles. To these ends the City’s Traffic Engineer, in the review of a site plan, may specify the number, type, and location of access points to a public street, together with such measures as may be deemed appropriate to insure adequate functioning of such access points, and may require related facilities to be provided and constructed, such as travel lanes or driveways to serve adjoining properties. The design of 1 entrances, driveways and travel lanes shall take into account standards and design specifications referenced within the City’s Standards and Design Manual as well as any other mandatory engineering and safety requirements. (b) . (c) Where discharge waters of the one hundred-year storm could reasonably be anticipated to inundate, block, destroy or otherwise obstruct the principal means of access to a development, or a portion thereof: the principal means of access shall be designed and constructed so as to provide unobstructed access at time of flooding, subject to requirements of the flood hazard overlay district; and/or alternative vehicular access available to all dwellings and not subject to flooding shall be provided. (d) . (e) . (f) Developments containing multifamily dwellings must have (i) access on a public collector or arterial street, (ii) access to a collector or arterial street within two hundred (200) feet along a public street, or (iii) access to a street which meets minimum engineering and safety criteria for two-way vehicular travel with sidewalks. The provisions of this subparagraph shall not apply to developments for which a traffic study has been conducted and provided to the City Traffic Engineer and the City Traffic Engineer confirms that the results of the traffic study show that, based on traffic projections for the development the capacity of adjacent street(s) will not be increased beyond acceptable engineering and safety standards set forth within the City’s Standards and Design Manual. Discussion: Overview of Staff Analysis Staff recommended approval of the proposed zoning text amendment to modify access requirements as outlined in the zoning ordinance. Review of this code section was not site specific but based on the full context of the topic. It was determined that the inclusion of the numeric regulation in the zoning ordinance was concerning as it may contradict the traffic and fire standard regulations. In addition, the Fire Code as well as the Standards and Design Manual provide regulations to address access requirements per safety and traffic standards and the zoning ordinance should reference those standards. The 2013 Comprehensive Plan provides guidance in both the Land Use and Transportation Chapters that support this proposal. Land Use Goal 5.5 and Transportation Goal 1.7 support the update to the SADM to provide for design features to support a multimodal network. Transportation Goal 3.3 specifically asks for access management standards to be developed of which this proposal could be a first step. The proposed amendment will allow the evaluation of 2 fire code and engineering standards to a specific case to determine access standards rather than a numeric standard that may or may not be appropriate for a particular circumstance. Planning Commission Among the matters discussed by the Planning Commission at their August 13, 2019 meeting were the following: Obtaining clarity from staff that this will not affect safety in an adverse way. Requested review of code language by fire officials. Alignment with City Council’s Vision Areas and Strategic Plan: The proposed zoning text amendment aligns with the City Council Vision of A Connected Community as it will evaluate fire code and engineering standards as they apply to a specific case to determine access standards rather than a numeric standard that may or may not be appropriate for a particular circumstance. The proposed changes align with Strategic Plan, Goal 3.1, as clarification of the language can assist with context sensitive urban planning. Community Engagement: A work session was held on June 25, 2019. Public comment at that meeting was in support of a code change. There were 5 speakers at the public hearing on August 13, 2019. Two speakers were in favor of the proposed language, one speaker thanked the commission for their deliberation on items, another speaker expressed concern that this would open the floodgates and make it so only one point of access would be provided for developments, and one speaker expressed concern about density in the community and the need for a long range planner. She also asked for language to address different types of transportation and a modification was made to the language to include “multimodal.” The Planning Commission requested that Fire review the language proposed. The Fire Marshall reviewed the proposal and had no additional comments. Budgetary Impact: No budgetary impact. Recommendation: The Commission took the following action: Commissioner Stolzenberg moved move to recommend approval of this zoning text amendment to amend and re- ordain §34-896 (Amendments to the Zoning Ordinance) on the basis that the changes would serve the interests of public necessity, convenience, general public welfare and/or good zoning practice. Seconded by Commissioner Dowell. Motion is Approved 3 6-0-1. Commissioner Heaton abstained as he was outside Council Chambers for the majority of the item review. Alternatives: City Council has several alternatives: (1) by motion, take action to approve the attached ordinance (granting the ZTA); (2) by motion, request changes to the attached Resolution, and then approve the ZTA in accordance with the amended Resolution; (3) by motion, deny the requested ZTA (as recommended by the Planning Commission). Attachment: (1) Proposed Ordinance Approving a Zoning Text Amendment (2) Planning Commission Staff Report with Attachments, August 13, 2019 (https://www.charlottesville.org/home/showdocument?id=66229 Page 62) 4 AN ORDINANCE AMENDING AND RE-ENACTING THE CODE OF THE CITY OF CHARLOTTESVILLE, CHAPTER 34 (ZONING), ARTICLE , DIVISION 4 (ACCESS AND PEDESTRIAN WAYS), SECTION 34-896 (ACCESS), AS AMENDED, TO REMOVE PROVISIONS THAT CONFLICT WITH THE STATE FIRE CODE, THE CITY’S STANDARDS AND DESIGN MANUAL AND THE PROVISIONS OF CITY CODE 34-975 ([PARKING] ACCESS AND CIRCULATION) WHEREAS, upon the recommendation of City staff, the Planning Commission initiated a zoning text amendment proposing amendments to the City’s zoning ordinance, §34-896 (“Proposed Zoning Text Amendment”) to remove provisions that address matters that are governed by the Fire Code, such as the number and dimensions of access that will serve as fire apparatus lanes; to remove provisions that preclude applicants’ and city engineers from designing access in a manner consistent with generally-accepted traffic engineering and safety standards or the City’s Standards and Design Manual; and/or that conflict with other provisions of the zoning ordinance, such as §34-975, which regulates access to and circulation within parking areas.; and WHEREAS, a joint public hearing on the Proposed Zoning Text Amendment was held by the Planning Commission and City Council on August 13, 2019, after notice to the public as required by law, and, following conclusion of the public hearing, the Planning Commission voted to recommend approval of the Proposed Zoning Text Amendment for the public necessity, convenience, general welfare or good zoning practice; and WHEREAS, after consideration of the Planning Commission’s recommendation, the City staff report and recommendations therein given, and the public comment received, this Council is of the opinion that that the Proposed Zoning Text Amendment, as recommended by the Planning Commission, has been designed to give reasonable consideration to the purposes listed in Sec. 15.2-2283 of the Code of Virginia (1950), as amended, and this Council hereby finds and determines that the public necessity, convenience, general welfare and good zoning practice require the Proposed Zoning Text Amendment; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that Chapter 34 of the Code of the City of Charlottesville (1990), as amended, is hereby amended and re- enacted as follows: 1. Amend the provisions of 34-896 as follows: Sec. 34-896. - Access. (a) Each development shall provide for safe and convenient ingress from and egress to one (1) or more public roads. Each entrance onto any street for vehicular traffic to and from a development shall be , designed to: reduce or prevent congestion in the public streets; minimize conflict and friction with vehicular traffic on the public street, and on-site; minimize conflict with all of the various modes of traffic, including, without limitation, pedestrian traffic (“multimodal traffic”); and provide continuous and unobstructed access for emergency purposes, such as police, fire and rescue vehicles. To these ends the City’s Traffic Engineerdirector or the commission, in the review of a site plan, may specify the number, type, and location and design of access points to a public street, together with such measures as may be deemed appropriate to insure adequate functioning of such access points, and may require related facilities to be provided and constructed, such as travel lanes or driveways to serve adjoining properties. The design of entrances, driveways and travel lanes shall take into account standards and design specifications referenced within the City’s Standards and Design Manual as well as any other mandatory engineering and safety requirements. (b) Each entrance onto any public road for vehicular traffic to and from a development shall be subject to approval of the director or commission. All such entrances shall be designed and constructed in accordance with the requirements and specifications set forth within the most recent version of the City of Charlottesville Standards and Design Manual. For a development of fifty (50) or more dwelling units, reasonably direct vehicular access shall be provided from all residential units to two (2) public street connections. For other residential developments, the commission may require two (2) points of access to a public street where such access is deemed warranted due to the character of the residents of such development, including but not limited to: the elderly, handicapped and developmentally disabled. (c) Where discharge waters of the one hundred-year storm could reasonably be anticipated to inundate, block, destroy or otherwise obstruct the principal means of access to a residential development, or a portion thereof: the principal means of access shall be designed and constructed so as to provide unobstructed access at time of flooding, subject to requirements of the flood hazard overlay district; and/or alternative vehicular access available to all dwellings and not subject to flooding shall be provided. (d) The commission or director may require provision for, and/or construction of, travel lanes or driveways to serve adjoining properties. (e) On-site parking and circulation shall be designed and constructed in accordance with off- street parking and loading requirements, subject to city engineer approval in accordance with sound engineering practices, including but not limited to grade, drainage and paving specifications and subject to the director's determination that the vehicular circulation patterns provided are safe and convenient . (f) Developments containing Mmultifamily dwellings developments having a density greater than 43 DUA must have (i) access on a public collector or arterial street, (ii) or have access to a collector or arterial street within two hundred (200) feet along a fifty-six-foot right-of- way developed to city street standardspublic street, or (iii) access to a street which meets minimum engineering and safety criteria for two-way vehicular travel with sidewalks. The provisions of this subparagraph shall not apply to developments for which a traffic study has been conducted and provided to the City Traffic Engineer and the City Traffic Engineer confirms that the results of the traffic study show that, based on traffic projections for the development the capacity of adjacent street(s) will not be increased beyond acceptable engineering and safety standards set forth within the City’s Standards and Design Manual. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Public Hearing and Approval Staff Contacts: Erin Atak, Grants Coordinator, Neighborhood Development Services Presenter: Erin Atak, Grants Coordinator, Neighborhood Development Services Title: Review of Program Performance and Setting Priorities for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds for Program Year 20-21 (Public Hearing) Background: This public hearing is intended to serve as a forum for public comment on the Program Year (PY) 18 (July 1, 2018 through June 30, 2019) Consolidated Annual Performance and Evaluation Report (CAPER) and to aid City Council and staff in gathering information about the City's needs. Goals and priorities determined as a result of this public hearing will be the framework for funding recommendations made by the CDBG Task Force for funding available after July 2020. Based on current projections, the City can expect CDBG funding amounts similar to funds received in PY 19 or about $393,000. The City can expect HOME funding to be similar or less than that received in FY 19 which is about $73,000 per locality, or $588,830 total for the HOME consortium. Discussion FY 18-19 PROGRAM PERFORMANCE HIGHLIGHTS In FY 18, CDBG projects benefited 172 people. Projects included technical assistance for microenterprises and entrepreneurs, re-entry services, childcare scholarships, enhanced access to quality childcare, and workforce development programs. For economic development projects, it is important to note that businesses will have successes and growth far after FY 18. Some infrastructure improvements have been completed within the Belmont neighborhood; however, project outcomes cannot be reported until the project activities are fully complete. Of the 172 beneficiaries, 91% were extremely low-income, 9% were low-income, 0.6% were moderate income, and 69% were minorities. The table below outlines the activities, goals, and outcomes for FY 18. CDBG Activities – Program Year 2018 Goal Actual Support Programs that Aid in Increasing Self Sufficiency Persons 47 42 Assisted Support Homeless and Transition to Independence Persons 28 106 Assisted Foster Small & Local Business Development Business 20 22 Assisted Enhance & Improve Access to Neighborhood Amenities Persons 1000 0 Assisted Preserve Existing Supply of Affordable Housing Households 20 2 CDBG Expand the Affordable Housing Supply Households 7 RENTAL 2 RENTAL 12 DPA 2 DPA For the Program Year 2018 (July 1, 2018 through June 30, 2019), the City completed 2 down- payment assistance projects under the HOME program, compared to a goal of 8. Region-wide, HOME Consortium projects also included two new rental units, and twelve (12) homeowner rehabilitation projects, for an overall regional total of 16 units. Of the 16 beneficiaries, 37.5% were extremely low-income (0 to 30%) and 62.5% were low-income (less than 80% AMI). 56% of HOME beneficiaries were minorities. The table below outlines the activities, goals, and outcomes for the Program Year 18 HOME program. HOME Consortium Activities - Program Year 2018 Project Type Goal Actual First-Time Homebuyer Assistance 13 2 Homeowner Rehab for Substandard Houses 15 12 Development of Rental Units 3 2 TOTAL 32 16 Through CDBG, HOME, and local housing programs, much has been done over the last fiscal year to maintain and grow affordable housing across in the City and across the HOME Consortium. The full FY 18 CAPER Draft Report can be found on the City’s website by clicking here. SETTING PRIORITIES FOR FY 20-21 Current Year's Plan: The priorities set by Council for FY 19, as determined at the September 17, 2018 public hearing, were workforce development, microenterprise assistance, access to quality childcare, down payment assistance, and homeowner rehab. For FY 19, 20% of the CDBG entitlement was allocated to Administration and Planning, which pays for the Grants Coordinator position and other grant support fees, and 15% of the balance was devoted to public service activities. The remaining funds were set-aside for economic development projects and for the Belmont Priority Neighborhood. The current fiscal year’s adopted budget is attached to show how funding has been allocated to the different funding categories. Following the public hearing, staff is asking Council to make the following decisions: 1. Set priorities for CDBG & HOME Programs – Council is asked to determine what the priorities are for FY 20-21 CDBG and HOME Programs. Having specific priorities helps the CDBG Task Force ensure that the diminishing funds are targeted towards projects that meet the goals of Council, the Consolidated Plan and the Growing Opportunities Report. The high priority needs identified in the Consolidated Plan include: risk of homelessness, lack of jobs that pay a sufficient wage, rental cost-burden, lack of training needed by employers, high cost home purchase, transportation access barriers, housing options for special needs, lack of childcare options, and lack of shelter for homeless. An emphasis on workforce development, access to quality childcare, microenterprise assistance, homeowner rehab and down payment assistance helps to meet these goals and needs and are consistent with Council goals, the Consolidated Plan, and the Growing Opportunities Report. 2. Confirm Priority Neighborhood - Last year, Council designated Belmont as the Priority Neighborhood for FY 18-19 and approved Ridge Street and Belmont as the Priority Neighborhood for the upcoming 3-year cycle with funds being targeted in income eligible service areas. Ridge Street and Belmont are located within the Strategic Investment Area (SIA). Historically, Priority Neighborhoods receive three fiscal years of funding. In the past, priority neighborhood funds were set at $200,000, however, reduced entitlement amounts would make this amount more than 50% of the anticipated budget. Last year, the Priority Neighborhood budget was set at 51% of the total entitlement amount or about $204,263.49. As a result of program income received and reprogramming of funds from closed projects, about $1,200.00 was applied to the Priority Neighborhood this fiscal year. Council normally names only one Priority Neighborhood at a time. In order to ensure plenty of time for citizen engagement and coordination with the various City committees, staff will need to confirm if Council would like to move forward with the previously designated Priority Neighborhood, choose to not designate a Priority Neighborhood, or change the Priority Neighborhood. Each year the total grant funding has decreased, though the Priority neighborhood allocation has remained the same. Council has allocated $200,000 towards the Priority Neighborhood since the 1990’s and it has now become more than 50% of the grant allocation. It is requested that this amount be lowered to $150,000. This will allow for the overall allocation to be spent down in a manner that meets HUD Timeliness requirements. Belmont and Ridge Street are also the next Priority Neighborhoods in rotation, as approved previously by City Council. Per the council discussions held last year on September 17, 2018; last year’s funds were allocated to fund the Belmont Priority Neighborhood’s Franklin Street Sidewalk. The 2019-20 year’s funds are allocated towards Ridge Street. 3. Determine if CDBG funds should be set aside for Economic Development – Last year, Council set aside 11% of the entitlement amount for Economic Development activities or about $45,000; however, only $12,500 in eligible projects were funded. These funds are used to help qualified entrepreneurs start businesses as well as help existing businesses improve their capacity and increase profit. 4. Determine the percentage for Public Service Projects – The maximum amount of the budget that can be allocated towards Public Service Programs is 15% as determined by the Department of Housing and Urban Development (HUD). Council can decide to keep the allocation at 15% or designate a lower percentage. The current budget for Public Service projects is about $58,972. 5. Administration and Planning – This amount is capped by HUD at 20% of the total CDBG budget. The current budget for admin and planning is just over $78,630. 6. Additional Guidelines - Any other guidelines or directions Council may wish to give in determining how CDBG and HOME funds should be spent. Community Engagement: The CDBG Task Force will meet over the winter to review Housing and Public Service projects and make recommendations for funding to Council in spring 2020. The City’s Strategic Action Team will review Economic Development applications. A Belmont Task Force was formed and made recommendations that could use all funding available. Funding is allocated for the Ridge Street Committee to gather and provide recommendations. Notice of the public hearing for the initial recommendations and notice of a public comment period for the CAPER was advertised in the newspaper. The public comment period for the CAPER is open from August 30 to September 13th. Alignment with City Council’s Vision and Strategic Plan This agenda item aligns directly with Council’s vision for Charlottesville to have Economic Sustainability, Quality Housing Opportunities for All, and A Connected Community. Projects also have the potential to many all of the objectives and goals listed in the City’s Strategic Plan: An Inclusive Community of Self-sufficient Residents, A Beautiful and Sustainable Natural and Built Environment, A Strong, Creative and Diversified Economy, and a Healthy and Safe Community. Budgetary Impact: HOME funds will require a 25% local match. In previous years, this match came from the Charlottesville Affordable Housing Fund. There is no impact to the general fund regarding CDBG funds. Recommendations: Staff Recommends:  Council move forward with priorities similar to the priorities outlined last year.  Approving the 15% maximum allocation allowed for Public Service Projects and approving the 20% maximum allocation allowed for Admin and Planning.  Public Service funds remain citywide, but that non-profit partners are made aware of the Strategic Investment Area and encouraged to recruit beneficiaries from that area.  $45,000 be set aside for Economic Development Activities.  The remaining estimated CDBG budget, $150,000, goes towards Priority Neighborhood funding.  Belmont and Ridge Street are the next Priority Neighborhood in the rotation, as approved previously by City Council. Per the discussion that were had when last year’s allocations went to Belmont to fund the Franklin St Project. This year’s funds are to be allocated to Ridge St.  Any Public Service, Housing or Economic Development activity must meet the goals and recommendations of the Growing Opportunities report in addition to the Consolidated Plan.  For HOME funds, if there is any program income or reprogramming available, those funds go towards housing activities to support down payment assistance and homeowner rehab. Alternatives: Alternatives include funding the Priority Neighborhood, Economic Development, Public Service, and Housing programs at different percentages or restricting beneficiaries to specific areas of the City. Specifically, Council could choose to fund the Priority Neighborhood at an amount different than the recommended $150,000. Attachments: Proposed Budget Resolution Current Budget Eligible CDBG and HOME Activities – click here to view list CDBG Priority Neighborhoods Map – click here to view map Proposed FY 20-21 CDBG & HOME Budget FY 19-20 Funding FY 20-21 Funding Priority $244,950.82 $150,000 (or Neighborhood remaining EN available) Economic $12,500 $45,000 Development Public Service 15% EN 15% EN Admin 20% EN 20% EN Housing $0 $0 CDBG Entitlement $393,152 $393,000 (EN) HOME Entitlement $120,382.75 $120,300 (plus match) Program Income and $1,900.82 $20,000 Reprogramming Note: As proposed, if CDBG funds are decreased, Priority Neighborhood funding would be decreased. Also, there is no way to predict how much program income will be received during the fiscal year; $20,000 is a conservative estimate based on prior years. A RESOLUTION COUNCIL PRIORITIES FOR CDBG and HOME FUNDS FY 20-21 WHEREAS, the City of Charlottesville is a U.S. Department of Housing and Urban Development (HUD) Entitlement Community for the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs and as such expects to receive an award of funding July 1, 2020; and WHEREAS, in accordance with the City of Charlottesville’s Citizen Participation Plan for HUD funding, the CDBG Task Force composed of citizen and community representatives will need to review potential projects and make recommendations for funding in Spring 2020; BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the priorities and spending allowances for FY 2020-2021 shall be as follows:  Council’s priorities for the CDBG and HOME program for FY 20-21 shall be access to affordable housing, workforce development, microenterprise assistance, access to quality childcare, homeowner rehabilitation, and down payment assistance.  For FY 20-21, $45,000 CDBG entitlement shall be set aside for Economic Development  For FY 20-21, the Priority Neighborhood shall be Ridge Street and the allocation shall be $150,000 of the total CDBG entitlement. If the CDBG entitlement received is less than the estimate amount of $150,000 this amount will be decreased accordingly. The next Priority Neighborhood shall be Ridge Street.  The CDBG Admin and Planning budget shall be set at 20% of the total CDBG entitlement.  The Public Services budget shall be set at 15% of the total CDBG entitlement. 2019-2020 CDBG and HOME BUDGET ALLOCATIONS RECOMMENDED BY CDBG/HOME TASK FORCE and SAT: 1/16/19, 2/7/17 RECOMMENDED BY PLANNING COMMISSION: 3/12/2019 APPROVED BY CITY COUNCIL: 6/3/2019 I. PRIORITY NEIGHBORHOOD A. Belmont $244,950.82 II. ECONOMIC DEVELOPMENT PROJECTS A. Community Investment Collaborative - Scholarships $12,500 ECONOMIC DEVELOPMENT TOTAL: $12,500 III. PUBLIC SERVICE PROJECTS A. Literacy Volunteers – Basic Literacy Instruction $9,237 B. OED GO Utilities $20,498 C. TJACH – Coordinated Entry System $29,237 SOCIAL PROGRAMS TOTAL: $58,972 (15% EN) IV. ADMINISTRATION AND PLANNING: A. Admin and Planning $78,630 (20% EN) GRAND TOTAL: $395,052.82 ESTIMATED NEW ENTITLEMENT AMOUNT: $393,152 ESTIMATED EN AVAILABLE AFTER PI APPLIED: $0.00 REPROGRAMMING: $1,900.82 * Funding includes reprogrammed funds _______________________________________________________________________ 2019-2020 HOME BUDGET ALLOCATIONS A. AHIP – Homeowner Rehab $73,603* TOTAL: $120,382.75 ENTITLEMENT AMOUNT: $73,603 ESTIMATED EN AVAILABLE AFTER PI APPLIED: $28,379 REPROGRAMMING: $0.00 LOCAL MATCH: $18,400.75 * Includes estimated EN available after program income applied This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Adopt Amendments to Chapter 25 (Social Services), Article III (Rental Relief for the Elderly and Disabled Persons) Presenter: Todd D. Divers, Commissioner of the Revenue Staff Contacts: Todd D. Divers, Commissioner of the Revenue Title: Changes to Rental Relief Program for Elderly and/or Disabled Background: Attached is a proposed ordinance for Council’s consideration that codifies changes to the Rental Relief Program for the Elderly and Disabled Persons that were approved by Council during their FY2020 budget deliberations. The program provides for the payment of grants to qualified tenants residing in the city who are not less than 65 years of age or are permanently and totally disabled and who are otherwise eligible. Discussion: Per Sec. 25-57 of the City Code: “The city council finds and declares that persons qualifying for such grants are deemed to bear an extraordinary burden in rent costs, and thereby indirectly an extraordinary real estate tax burden, in relation to their income and financial worth. Such persons are deemed thus to qualify for general relief as provided in Code of Virginia, § 63.1-106, which general relief shall be in the form of the grants provided pursuant to this article.” The method for calculating the grant amount as set out in Sec. 25-61 of the City Code is as follows: G = .25 x (R – (.24 x I)) G = GRANT AMOUNT R = the lesser of the actual amount of rent paid OR $6,000.00 I = GROSS COMBINED INCOME During this year’s budget discussions, Council approved the following changes to the Rent Relief Program: 1. Increase the maximum allowable rent that an applicant can claim in the reimbursement formula. Previously, applicable rents were capped at $6,000. We propose increasing that to $12,000. Applicants can pay more than $12,000 in rent per year, but they only get credit for $12,000 in the formula. 2. Cap the annual benefit at $1,500. Presently there is no benefit cap, per se. However, capping allowable rents at $6,000 creates a de facto benefit cap of $1,500. Adjusting the allowable rents to $12,000 without capping the annual benefit would create a de facto cap of $3,000. These changes must be codified by Council in order for them to take effect. Alignment with City Council’s Vision and Priority Areas: This aligns with the City Council’s Vision “…to be flexible and progressive in anticipating and responding to the needs of our citizens.” Budgetary Impact: There would be no net budgetary impact as the FY2020 budget anticipates these proposed changes. Cost of this program is funded with the annual budget appropriation for Fiscal Year 2020 previously approved by Council. Recommendation: Approve proposed ordinance Attachments: Proposed Ordinance AN ORDINANCE AMENDING AND REORDAINING SECTIONS 25-58 AND 25-61 OF ARTICLE III OF CHAPTER 25 (SOCIAL SERVICES) OF THE CHARLOTTESVILLE CITY CODE, 1990, AS AMENDED, RELATING TO RENT RELIEF FOR THE ELDERLY AND DISABLED PERSONS. BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that Sections 25-58 and 25-61 of Article III (Rental Relief for the Elderly and Disabled Persons) of Chapter 25 (Social Services), are hereby amended and reordained, as follows: CHAPTER 25. SOCIAL SERVICES ARTICLE III. RENTAL RELIEF FOR THE ELDERLY AND DISABLED PERSONS Sec. 25-56. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless another meaning shall clearly appear from the context: Affidavit means the rental relief grant affidavit. Dwelling means the full-time residence of the person applying for a grant; provided, however, that the fact that a person who is otherwise qualified for a grant under this article is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care for an extended period of time shall not be construed to mean that the location for which rental relief is claimed ceases to be the dwelling of such person during such period of other residence, so long as the rented premises in question are not occupied by, or leased to, others for consideration. Grant means the financial assistance payment allowable to a qualifying elderly or permanently and totally disabled person pursuant to the requirements of this article. Grant year means the calendar year for which a grant is sought. Permanently and totally disabled, as applied to a person seeking a grant under this article, means a person furnishing the certification or medical affidavits required by section 30-99 of this Code, and who is found by the commissioner of revenue to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life. Rent means the monetary consideration paid for the right to occupy the dwelling unit. Tenant means one residing in a dwelling by virtue of a leasehold interest, for which rent is paid. Sec. 25-57. Purpose of article. It is hereby declared to be the purpose of this article to provide for the payment of grants to qualified tenants residing in the city who are not less than sixty-five (65) years of age or are permanently and totally disabled and who are otherwise eligible according to the provisions of this article. The city council finds and declares that persons qualifying for such grants are deemed to bear an extraordinary burden in rent costs, and thereby indirectly an extraordinary real estate tax burden, in relation to their income and financial worth. Such persons are deemed thus to qualify for general relief as provided in Code of Virginia, section 63.2-802, which general relief shall be in the form of the grants provided pursuant to this article. Sec. 25-58. Qualifications for grant. Grants pursuant to this article shall be made to persons complying with the following provisions: (1) The applicant has paid rent for his/her dwelling within the city during the grant year and was a resident of the city on December thirty-first of the grant year; (2) The applicant, or his/her spouse if they reside together, is sixty-five (65) years of age or older, or permanently and totally disabled, as of December thirty-first of the grant year; (3) The dwelling for which the rental relief grant is sought was occupied as of December thirty-first of the grant year as the sole dwelling place of the applicant; (4) The gross combined income during the grant year from all sources of such applicant and all relatives of the applicant living in such dwelling does not exceed the sum of fifty thousand dollars ($50,000.00); provided that the first seven thousand five hundred dollars ($7,500.00) of any income, (a) received by the applicant, or the applicant's spouse if they reside together, and classified as permanent disability compensation, or (b) received by any applicant who is at least sixty-five (65) years of age, is permanently and totally disabled, and can show that he or she did receive permanent disability compensation for at least twenty-four (24) consecutive months immediately prior to his or her sixty-fifth birthday, shall be excluded from such total; and provided, that the first eight thousand five hundred dollars ($8,500.00) of income of each relative other than spouse of such applicant who is living in such dwelling and does not qualify for rent relief shall be excluded from such total. If the applicant has been a resident of the city for less than the full grant year, the gross combined income for such year and the maximum allowable income shall be prorated for the period of actual residency. (5) The net combined financial worth of such applicant and relatives of such applicant living in such dwelling as of December thirty-first of the grant year does not exceed one hundred twenty-five thousand dollars ($125,000.00). Net combined financial worth shall include all assets, including equitable interests. Sec. 25-59. Claimant's affidavit. (a) Annually, and not later than May first of the year following the grant year, the person claiming a grant shall file with the commissioner of revenue of the city, a rental relief grant affidavit. The date for filing such an affidavit by an applicant may be extended by the commissioner of the revenue to July first of the year following the grant year for a first-time applicant and to July first of each year following the grant year in a hardship case in which the commissioner of the revenue determines that the applicant was unable to file by May first of the year following the grant year because of illness of the applicant or confinement of the applicant in a nursing home, hospital, or other medical facility or institution; provided, that such rental relief grant affidavit is accompanied by a written statement of one (1) medical doctor licensed to practice medicine in the commonwealth. (b) The affidavit shall set forth the names of the related persons occupying the dwelling for which rental relief is claimed, and the total combined net worth and gross combined income, as defined in this article, together with the amount of rent paid for such dwelling during the grant year. The form of such affidavit shall be determined by the commissioner of the revenue and approved by the city manager and shall contain such other information as may be necessary adequately to determine compliance with section 25-58. The affidavit of any person less than sixty- five (65) years of age who is claiming an exemption under this article shall be accompanied by certification or medical affidavits meeting the requirements of section 30-99 of this Code. Sec. 25-60. Inquiries by commissioner of revenue. The commissioner of revenue may make such inquiry of applicants, requiring answers under oath and the production of certified tax returns, as may be reasonably necessary to determine eligibility for a grant under this article. Sec. 25-61. Calculation of amount of grant. (a) For qualifying applicants, the amount of the grant shall be the lesser of fifteen hundred dollars ($1,500.00), or twenty-five (25) percent of the amount determined by subtracting twenty- four (24) percent of gross combined income, as defined by section 25-58(4), from the lesser of: (1) The actual amount of rent paid; or (2) Six Twelve thousand dollars ($6,000.00). ($12,000.00). (b) If the applicant was a resident of the city for less than the full grant year, the actual rent paid or maximum rent allowable shall be prorated for the period of actual residency. Sec. 25-62. Certification of eligibility for and payment of grant. The commissioner of revenue, after audit and investigation of affidavits submitted under this article, shall certify a list of the persons qualifying for grants and the amounts thereof to the director of finance and the city treasurer who shall pay forthwith to each applicant the amount of the grant for which he or she is eligible as determined pursuant to this article. Sec. 25-63. False claims. Any person falsely claiming a grant under this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Secs. 25-64—25-85. Reserved. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Adopt Amendments to Chapter 30 (Taxation) Presenter: Todd D. Divers, Commissioner of the Revenue Staff Contacts: Todd D. Divers, Commissioner of the Revenue Title: Changes to Real Estate Tax Relief Program for Elderly and/or Disabled Background: Attached is a proposed ordinance for Council’s consideration that conforms the income eligibility parameters for the Real Estate Tax Relief Program for the Elderly and Disabled (RETR) to those of the recently adjusted Homeowner Tax Relief grant program (also known as the Charlottesville Housing Affordability Program, or CHAP) for low-and moderate-income homeowners. The RETR program offers eligible elderly or disabled homeowners a percentage reduction in their first and second half real estate tax bills. The percentage awarded is based on a combination of the applicant’s annual income and net worth. The CHAP program is entirely income-based and allows the owners of eligible homeowner-occupied properties grant amounts applied to real estate taxes due for the second half of a calendar year (and in some cases a reimbursement check to cover a portion of the first half). The proposed ordinance also adjusts language requiring an “affidavit” to language requiring a “written statement or certification” as allowed by Virginia Code § 58.1-3213. Discussion: Enabling language for the CHAP Program is found in Sec. 50.7 of the City’s Charter, which requires the City to apply the income guidelines issued by the Virginia Housing and Development Authority (VHDA) for use in its single-family mortgage loan program to determine who are “low and moderate income persons.” Those guidelines also contain limitations on the value of the home in question. Current VHDA guidelines stipulate a maximum income threshold of $90,000 and a maximum home value of $375,000. During this year’s budget discussions, Council adjusted the grant and income parameters for the 2019 CHAP Program as follows (after a similar adjustment for 2018): CHAP IN PRIOR YEARS Applicant Income $0 - $25,000 $25,001 - $50,000 Grant Amount $525 $375 2018 CHAP Applicant Income $0 - $20,000 $20,001 - $35,000 $35,001 - $50,000 Grant Amount $1000 $750 $500 2019 CHAP Applicant Income $0 - $25,000 $25,001 - $35,001 - $45,001 - $35,000 $45,000 $55,000 Grant Amount Full Relief $1000 $750 $500 Maximum value for a qualifying home increased in CY2018 from $365,000 to $375,000 and remains at that level for 2019. Maximum allowable income for the CHAP program increased for CY2019 from $50,000 per year to $55,000 per year. RETR authorization is found in Chapter 32 of Title 58.1 of the Code of Virginia. Currently, in Charlottesville, in order to qualify an elderly or disabled applicant must have a household income of $50,000 or less per year and a total net worth (excluding the value of the home) of $125,000 or less. The real estate tax exemption percentage granted pursuant to this program for the applicable taxable year is calculated according to the following scale: NET COMBINED FINANCIAL WORTH $0- $25,001- $50,001- $75,001- $100,001- $25,000 $50,000 $75,000 $100,000 $125,000 $0- 100% 80% 60% 40% 20% $12,500 $12,501- GROSS 80% 64% 48% 32% 16% $25,000 COMBINED $25,001- INCOME 60% 48% 36% 24% 12% $37,500 $37,501- 40% 32% 24% 16% 8% $50,000 The adopted FY2020 budget already assumes an increase to the RETR upper income threshold to $55,000 in order to align with the similar CHAP amendment. This increase must be codified by Council in order to take effect. Problem #1 The Commissioner of the Revenue anticipates a large number of former RETR applicants switching to the CHAP program because its new grant formula will offer a much more generous benefit. The FY2020 funding proposals submitted and adopted for these programs reflect this expected “immigration” of RETR applicants to CHAP. However, such a change does not come without consequences: 1. CHAP applicants must pay the first half real estate bill on their own. The grant is applied to the second half FIRST, and only if there is a grant balance remaining will a check be sent to the taxpayer to reimburse for the first half. We expect that this arrangement will pose a hardship for some of our elderly/disabled applicants, forcing them to remain in the RETR program even though the CHAP program currently offers a better deal. 2. Some RETR recipients qualify for free trash stickers from the Treasurer’s Office. The relief percentage needed to qualify for this benefit varies from year to year depending on the number of applicants and budget availability. Currently, qualifying applicants receiving 60% relief or greater get free trash stickers. This is a significant benefit that does not come with the CHAP program. 3. The application periods for these programs are staggered over the year, allowing our office to efficiently handle the flow of applicants with minimal impact on our constitutionally mandated tax assessment functions. A mass exodus of RETR applicants to the CHAP program could pose significant administrative problems. 4. The Treasurer’s Office will likewise be impacted as it will likely see a substantial uptick in applications for payment plans and reimbursement checks needing to be mailed out. Solution to Problem #1 The Commissioner of the Revenue proposes adjusting the RETR income qualification and award parameters to match the CHAP program as closely as possible. We propose adjusting the RETR eligibility scale contained in the City Code to the following: NET COMBINED FINANCIAL WORTH $25,001- $50,001- $75,001- $100,001- $0-$25K $50K $75K $100K $125K $0-$25,000 100% 100% 100% 100% 100% $25,001- 80% or 64% or 48% or 32% or 16% or $27,500 $1000 $1000 $1000 $1000 $1000 $27,501- 60% or 48% or 36% or 24% or 12% or GROSS $$35,000 $1000 $1000 $1000 $1000 $1000 COMBINED $35,001- 60% or 48% or 36% or 24% or INCOME $41,250 $750 $750 $750 $750 12% or $750 $41,251- 40% or 32% or 24% or 16% or $45,000 $750 $750 $750 $750 8% or $750 $45,001- 40% or 32% or 24% or 16% or $55,000 $500 $500 $500 $500 8% or $500 Under this rubric, the qualified RETR applicant would receive the better option (percentage or flat grant amount) of any given income/asset scenario. For instance, an applicant with a gross combined income of $26,000 and a net worth of $40,000 would qualify for either a 64% reduction in their real estate tax bill or up to $1,000 (not to exceed the annual tax bill), whichever is greater. Problem #2 Currently, applicants for the City’s RETR program are required to submit a notarized affidavit attesting to the accuracy of information provided. CHAP applicants, on the other hand, need only submit a signed statement or certification attesting to the accuracy of information provided. This small distinction can pose a significant problem for our homebound or institutionalized RETR applicants or an administrative burden on our office because an applicant must have access to a notary in order to apply, OR a notary from our office must come out to where the applicant lives. Solution to Problem #2 State Code § 58.1-3213 allows either an affidavit or a written statement or certification. We propose adjusting our local ordinance to the latter option - a written statement or certification. Alignment with City Council’s Vision and Priority Areas: This aligns with the City Council’s Vision “…to be flexible and progressive in anticipating and responding to the needs of our citizens.” Budgetary Impact: There would be no net budgetary impact as the FY2020 budget anticipates former RETR applicants switching to CHAP in order to gain the higher benefit. This proposed change allows those applicants to stay in RETR and receive the same benefit as if they had switched. The cost of this program is funded with the annual budget appropriation for Fiscal Year 2020 previously approved by Council. Recommendation: Approve proposed changes as reflected in the attached ordinance. Attachments: Proposed Ordinance AN ORDINANCE AMENDING AND REORDAINING SECTIONS 30-96, 30-99, AND 30-101 OF CHAPTER 30 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, RELATING TO CHANGES IN THE REAL ESTATE TAX RELIEF PROGRAM FOR THE ELDERLY AND/OR DISABLED BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that Sections 30-96, 30-99 and 30-101 of Article IV of Chapter 30 (Taxation) of the Charlottesville City Code, 1990, as amended, are hereby amended and reordained, as follows: CHAPTER 30. TAXATION ARTICLE IV. REAL ESTATE TAX RELIEF FOR THE ELDERLY AND DISABLED PERSONS Sec. 30-96. Definitions. ….. Certification means a signed written statement or affidavit attesting to the accuracy of information provided by the applicant. ….. Sec. 30-97. Purpose of article. … Sec. 30-98. Qualifications for exemption. … Sec. 30-99. Applicant’s certification of disability. (a) Annually, and not later than March first of each taxable year, every person claiming an exemption or deferral under this article shall file a real estate tax exemption or deferral certification with the commission of the revenue of the city. The date for filing such acertification by an applicant may be extended by the commissioner of revenue to July first of a taxable year for a first-time applicant and to July first of each taxable year in a hardship case in which the commissioner of the revenue determines that the applicant was unable to file by March first of the particular taxable year because of illness of the applicant or confinement of the applicant in a nursing home, hospital, or other medical facility or institution; provided, that such real estate tax exemption or deferral certification is accompanied by a sworn affidavit of one (1) medical doctor licensed to practice medicine in the commonwealth. (b) The certification shall set forth the names of the related persons occupying the real estate for which exemption or deferral is claimed and the total combined net worth and combined income of such persons as defined in this article. The form of such certification shall be determined by the commissioner of revenue and approved by the city manager, and shall contain such other information as may be required adequately to determine compliance with the provisions of section 30-98. (c) If the person filing an affidavit certification under this section is under sixty-five (65) years of age, the affidavit certification shall have attached thereto proper documentation by the Social Security Administration, veteran’s administration or the railroad retirement board that the person has been certified as being permanently or totally disabled as defined by those agencies, or if such person is not eligible for certification by any of these agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in the commonwealth, to the effect that the person is permanently and totally disabled, as defined in section 30-96. The affidavit of at least one (1) of the doctors shall be based upon a physical examination of the person by such doctor. The affidavit of one (1) of the doctors may be based upon medical information contained in the records of the civil service commission which is relevant to the standards for determining permanent and total disability as defined in section 30-96. (d) In addition, the commissioner of revenue may make such further inquiry of persons seeking to claim exemptions or deferrals requiring answers under oath and the production of certified tax returns, as may be deemed reasonably necessary to determine eligibility for an exemption or deferral. Sec. 30-100. Certification by commissioner; deductions from real estate tax. ... Sec. 30-101. Calculation of amount of exemption. The amount of the exemption or deferral granted pursuant to this article shall be a percentage of the real estate tax assessed for the applicable taxable year in accordance with the following scale: NET COMBINED FINANCIAL WORTH $25,001- $50,001- $75,001- $100,001- $0-$25K $50K $75K $100K $125K $0-$25,000 100% 100% 100% 100% 100% $25,001- 80% or 64% or 48% or 32% or 16% or $27,500 $1000 $1000 $1000 $1000 $1000 $27,501- 60% or 48% or 36% or 24% or 12% or GROSS $$35,000 $1000 $1000 $1000 $1000 $1000 COMBINED $35,001- 60% or 48% or 36% or 24% or INCOME $41,250 $750 $750 $750 $750 12% or $750 $41,251- 40% or 32% or 24% or 16% or $45,000 $750 $750 $750 $750 8% or $750 $45,001- 40% or 32% or 24% or 16% or $55,000 $500 $500 $500 $500 8% or $500 This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Ordinance Amendment Staff Contacts: John Blair, City Attorney Presenter: John Blair, City Attorney Title: Amend and Reenact Sections 18-21 through 18-27 of the Charlottesville City Code (Permits for Special Events and Demonstrations) Background: In early 2018 the City Council adopted an ordinance to regulate special events (including demonstrations and other First-Amendment-protected assemblies) conducted on public property. Recently the City Attorney’s office reviewed the provisions of the ordinance, reflecting on experiences and comments which have been received since its adoption. On July 1, 2019 and August 5, 2019, the Council considered amendments to the ordinance. Councilor Bellamy requested the City Attorney’s Office to examine further amendments to the ordinance in light of public feedback. Discussion: The City Attorney’s Office is proposing the following additional amendments to the ordinance: First, the definition of “Demonstration” is amended to specify that the activity in question has to be reasonably likely to attract a crowd or onlookers. Second, the City, when feasible, will provide a warning to individuals in violation of City Code Section 18-23 before assessing a civil penalty. Third, the City will no longer require a general liability and property damage insurance policy in an amount of $1,000,000.00 or greater for demonstrations that do not require a street closure or the construction of a structure. 1 Fourth, the prohibited items section has replaced the term “possess” with the term “use”. Fifth, the prohibited items section no longer applies to special events and only applies to demonstrations. Finally, glass bottles have been removed from the list of prohibited items. Budgetary Impact: None Attachments: Proposed Ordinance 2 ORDINANCE AMENDING AND RE-ENACTING CHAPTER 18 (PARKS AND RECREATION), ARTICLE III (PERMITS FOR SPECIAL EVENTS AND DEMONSTRATIONS) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990) AS AMENDED 1. The provisions of Chapter 18, Article III of the Code of the City of Charlottesville (1990), as amended, are hereby amended and re-enacted, as follows: ARTICLE III. - PERMITS FOR REGULATION OF SPECIAL EVENTS AND DEMONSTRATIONS Sec. 18-21. - Purpose. The purposes of this article are to: (a) To establish procedures and standards governing the use of public property by non- city organizations and individuals for the purpose of conducting events, and to ensure the preservation of public convenience in the use of city streets and outdoor areas, the preservation of public order and safety, and the defraying of administrative expenses associated with certain types of uses; and, (b) To protect the right of persons and groups to organize and participate in peaceful assemblies to express their political, social, religious, or other views on city streets, sidewalks, and other public ways, in parks, and on other public lands, subject to reasonable restrictions designed to protect public safety, persons, and property, and to accommodate the interest of persons not participating in such assemblies in not having their ability to use city streets, sidewalks, and other public ways to travel to their intended destinations, city parks for recreational purposes, and other city lands for their intended purposes unreasonably impaired. (c) The application of the provisions of this article, and any rules and regulations adopted pursuant to these provisions, shall be without regard to the content of the beliefs expressed or anticipated to be expressed during any permitted event. Sec. 18-22. - Definitions. Community event means the events listed in section 28-29(c) of this Code, and such other events designated by city council as "community events" from time to time. Demonstration means any activity including any demonstration, picketing, speechmaking, marching, vigils and all similar forms of conduct that involve the communication or expression of views or grievances, the conduct of which is reasonably likely to attract a crowd or onlookers. The term does not include the casual use of parks or sidewalks, when such use is not reasonably likely to attract a crowd or onlookers. an event involving non-commercial expression protected by the First Amendment of the United States Constitution (such as picketing, political marches, speechmaking, vigils, walks, etc.) conducted on public property, the conduct of which has the effect, intent or propensity to draw a crowd or onlookers. This term does not include casual 1 activity by persons which does not have an intent or propensity to attract a crowd or onlookers. The term "demonstration" shall exclude: (1) Any events conducted by tenant of the Economic Development Authority of the City of Charlottesville ("CEDA") under the Pavilion lease dated September 20, 2004 (i.e., all "operator events" as that term is defined within that Pavilion lease); and (2) Any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument. Event refers to any activity that may refers either to a demonstration or a special event, a demonstration or special event or to demonstrations and special events, collectively. Open burning and open fire have the same meaning as set forth in this Code section 12-2. Open flame means fire whose flame is supported by a wick, oil or other slow-burning means to sustain itself. "Open flame" includes, but is not limited to, flame producing devices such as candles, torches, and juggling or other fire artist equipment; provided, however, that "open burning and open fire" and "open flame" shall not include handheld candles when used for ceremonial purposes, provided that they are not held or used in an intimidating, threatening, dangerous or harmful manner. Person means an individual, or any legal entity, such as a corporation, association, limited liability company, or partnership. Public property means any land or premises owned or leased by the City of Charlottesville. Prohibited items shall mean: (1) All items prohibited by law from being held, carried, displayed, worn or otherwise used in public; (2) Items banned from public or park lands; (3) Any BB guns, pellet guns, air rifles or pistols, paintball guns, pellet guns, nun chucks, tasers, stun guns, heavy gauge metal chains, lengths of lumber or wood, poles, bricks, rocks, metal beverage or food cans or containers, glass bottles, axes, axe handles, hatchets, ice picks, acidic or caustic materials, hazardous, flammable, or combustible liquids, dogs (except service dogs), skateboards, swords, knives, daggers, razor blades or other sharp items, metal pipes, pepper or bear spray, mace, aerosol sprays, catapults, wrist rockets, bats, sticks, clubs, drones, explosives, fireworks, open fire or open flames, or other item considered an "implement of riot"; (4) Any items capable of inflicting bodily harm when these items are held or used in an intimidating, threatening, dangerous or harmful manner; and (5) Law enforcement or military-like uniforms or uniform-like clothing, badges, insignia, shields, hats, helmets, masks, equipment and other items that when held, carried, displayed or worn tend to suggest or imply that the wearer is a current member of law enforcement, the military, a private militia, or other public safety organization, such as a fire department or emergency medical services agency. 2 Special event means any activity, such as a sports events, pageants, celebrations, historical reenactments, carnivals, music festivals or and other entertainments, exhibitions, dramatic presentations, fairs, festivals, races (i.e., runs/walks), any community events (as defined in city code 28-29(c)), block party parties, movie filming, parades and any other, similar activity activities, conducted on public property conducted by a person other than the City of Charlottesville which (i) are not demonstrations, and (ii) are engaged in by fifty (50) or more persons on public property that is reserved, or is sought to be reserved, as the venue for such activity. The term "special event" shall be construed to include a community event or private organization celebration held in or on city-owned property and is attended by more than fifty (50) people. The term "special event" shall exclude (i) any events conducted by the Charlottesville Economic Development Authority’s CEDA's tenant under the Pavilion lease dated September 20, 2004 (i.e., all "operator events" as that term is defined within the Pavilion lease), and (ii) any events conducted by the Thomas Jefferson Center for Freedom of Expression within the area leased to it for and in connection with the First Amendment Monument; and (iii) a gatherings of ten (10) or more people in a park for general recreational or sports activities, and (iv) a demonstration, as defined above within this section. Sponsor means any the person (as defined above) or persons who (i) conduct(s) an event, (ii) organizes an event, or who holds himself or herself out as being the organizer of an event, or (iii) who sign(s), or whose authorized representative(s) sign(s), an application for an event permit that is required for an event and who will be responsible under the permit, if issued, for ensuring that an the event will be conducted in accordance with these regulations. Where a purported sponsor is not a legal entity, the sponsor shall be the individual(s) signing the permit application. Sec. 18-23. - Permit required for certain events. (a) The city manager is authorized to adopt standard operating procedures that establish a permit application process for events to be administered through the department of parks and recreation. The procedures shall also provide for the grant or denial of permit applications within specified times; establish the grounds for revocation of an approved permit; provide for the application of reasonable time, place and manner regulations for permitted events; and establish reasonable fees, charges, rentals and insurance and indemnification requirements for events; and restrict the possession or use of prohibited items, as defined herein, during the event. (b) Any person intending to hold or sponsor conduct an event on any city-owned or leased property must first obtain a permit from the city through the department of parks and recreation, unless: (1) The event is exempt from permitting requirements under the standard operating procedures promulgated by the city manager; or (2) Such person is using public property in accordance with holding or sponsoring such event pursuant to a valid permit issued by the city manager pursuant to another chapter of this Code. (c) By accepting a permit issued by the city pursuant to this article, the sponsor represents that: 3 (1) All information included or presented as part of the permit application was, to the best of the sponsor's information and belief, complete and correct; (2) That the sponsor will comply with all terms and conditions of the permit and the sponsor will use reasonable means to ensure that persons participating in the event will comply with all terms and conditions of such permit have been or will be complied with; and (3) That a copy of the permit will be made available for inspection by any city representative during the event. (d) The following conduct is declared to be unlawful, and any person who engages in such conduct shall be subject to a civil penalty of up to five hundred dollars ($500.00): (1) Action taken by a Sponsor to advertise, promote, or conduct an event for which a permit is required, without first obtaining a permit; (2) Action taken by a Sponsor to conduct an event for which a permit has been issued on any day(s), or at time(s), or location(s) not authorized by the permit, or to advertise or promote such event to take place on any day(s), time(s), or location(s) not authorized by the permit. When feasible, except in exigent circumstances, a warning shall be issued before enforcement of the provisions of this subsection (d). Sec. 18-24. - Insurance requirements. (a) To further the goal of public safety and to protect the city and its officers, officials and employees from claims for damage to property or bodily injury occurring during the event, the sponsor of a special eventn event shall be required to furnish a general liability and property damage insurance contract insuring the sponsor's liability for personal injury and death and damages to property resulting from its use of public property. The required general liability and property damage insurance, unless waived in whole or in part, shall be provided in an amount not less than one million dollars ($1,000,000.00), and the insurance policy shall name the city (including is officers, officials, employees and agents), as additional insured parties to the insurance contract. The sponsor of a demonstration which requires a street closure or a structure as defined in the standard operating procedures adopted by the city manager shall be required to furnish a general liability and property damage insurance contract insuring the sponsor’s liability for personal injury and death and damages to property resulting from its use of public property. The required general liability and property damage insurance, unless waived in whole or in part, shall be provided in an amount not less than one million dollars ($1,000,000.00), and the insurance policy shall name the city (including its offices, officials, employees, and agents), as additional insured parties to the insurance contract. (b) This insurance requirement may be waived, in whole or in part, by the city manager or his or her designee because: 4 (1) The cost of the insurance will result in a documented financial hardship to the sponsor; or (2) For an event that: a. Does not pose a high level of liability risk to the city or a material risk to public safety; and b. Does not involve any inherently dangerous activity. A written request to waive or modify any insurance requirement must be made by the sponsor at the time a permit application is submitted. An approval or denial of the request will be made in writing to the event sponsor. (c) The decision on whether the insurance requirement will be waived in whole or in part will be based on the following factors: (1) Whether the event and planned activities present a risk of personal injury or property damage; (2) Whether the event involves a large number of participants relative to the size of the event venue; (3) Whether the event involves the preparation and sale of food; (4) The duration of the event; and (5) Whether the event involves transportation or installation of heavy equipment, or the installation of a stage or other temporary structures. Provided however, that, in deciding whether insurance will be required or waived for a demonstration the city manager or his or her designee shall not consider the number of anticipated onlookers or counter- demonstrators, the potential risk of property damage or bodily injury that may be caused by onlookers or counterdemonstrators, nor the possibility that the demonstration will be controversial in nature. Sec. 18-25. - Violations and penalties Prohibition on carrying or using specified items while attending or participating in a demonstration. (a) It shall be unlawful for any person to carry or use any of the following items or articles while attending or participating in a demonstration: 1. Any length of lumber, wood or wood lath unless that object is ¼ inch or less in thickness and 2 inches or less in width, or if not generally rectangular in shape, such object shall not exceed ¾ inch in its thickest dimension. Both ends of the lumber, wood or wood lath permitted by this subsection shall be blunt; 2. Any length of metal or plastic pipe, whether hollow or solid; provided, however, that hollow plastic piping not exceeding ¾ inch in its thickest dimension, and not exceeding 1/8 inch in wall thickness, and not filled with any material, liquid, gas or solid, may be used solely to support a sign, banner, placard, puppet or other similar 5 expressive display. Both ends of any plastic pipe permitted by this subsection shall be blunt; 3. Signs, posters, banners, plaques or notices, whether or not mounted on a length of material permitted under subdivision 1 or 2 of this section, above, unless such sign, poster, banner, plaque or notice is constructed solely of soft material such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than ¼ inch in thickness; 4. Baseball or softball bats, regardless of composition or size, provided however that such items are permissible when configured of cloth, cardboard, soft plastic, foam or paper for expressive purposes; 5. Any aerosol spray, tear gas, mace, pepper spray or bear repellant; 6. Any projectile launcher or other device, such as a catapult or wrist rocket, which is used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism; 7. Weapons, such as knives, swords, sabers or other bladed devices; axes; hatchets; ice picks; razor blades; box cutters; nunchucks or other martial arts weapons of any kind; metal/composite/wooden knuckles; conducted electrical weapons (CEWs), including, but not limited to, tasers or stun guns; any chain greater than 20 inches in length or greater than ¼ inch in diameter; or pellet or BB guns. This subdivision also includes toy or replica firearms unless such toy or replica is florescent-colored or transparent; 8. Balloons, bottles, or any other containers, such as water cannons or super-soakers, filled with any flammable, biohazard or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses, with intent to throw, drop, pour, disperse, deposit, release, discharge or expose the same in, upon or about any persons attending a public assembly; 9. Open flame torches, lanterns or other devices that utilize combustible materials such as gasoline, kerosene, propane or other fuel sources; 10. Shields made of metal, wood, hard plastic or any combination thereof; 11. Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings. (b) When feasible, except in exigent circumstances, a warning shall be issued before enforcement of the provisions of this section. Such warning shall be sufficient if provided orally, by a posted sign, or by amplified announcement. 6 (c) Authorized employees, agents or representatives of the City, and any person providing public services in aid of or in cooperation with City forces, shall be exempt from the provisions of this section while engaged in the official business of the City. (d) Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility so that the person may participate in a public assembly. Further, nothing in this section shall prohibit the imposition of specific conditions for activities authorized under a permit issued by the City. Sec. 18-25. Violations and penalties. The following conduct is declared to be unlawful and shall be, upon conviction, punishable as a class IV misdemeanor, unless a greater penalty is authorized and imposed in any other chapter of this Code or by the laws of the Commonwealth of Virginia: Any person who engages in conduct prohibited by this article shall, upon conviction, be guilty of a class IV misdemeanor, unless a greater penalty is authorized and imposed in any other chapter of this Code or by the laws of the Commonwealth of Virginia. (a) Sponsoring, holding or conducting an event for which a permit is required, without first obtaining a permit; (b) Sponsoring, holding or conducting an permitted event for which a permit has been issued on days or at times not authorized by the permit; (c) Intentionally providing false, misleading or incomplete information in a permit application; (d) Failing to comply with any terms or conditions placed on a permit; (e) The failure to comply during an event with any lawful directive of a law enforcement officer, or with any lawfully posted public sign, direction or instruction; (f) Climbing, during an event, upon any tree, or any wall, fence, shelter, fountain, statue, or any other structure not specifically intended for climbing purposes; (g) Rendering any part of an event venue dangerous, unsafe or unsuitable for use by others; (h) Closing any street or public right-of-way during an event, or using any street or right-of-way in a manner that obstructs vehicular or pedestrian passage during an event, without first obtaining a street closing permit; (i) Holding, carrying, displaying or using any prohibited item as defined herein within an area where an event is taking place with a permit, without the prior written consent of the city manager or his or her designee; (j) Holding, carrying, displaying or using any prohibited item as defined herein within a restricted area established by police officers as a security measure for or in connection with any event; (k) Throwing or propelling objects of a potentially dangerous nature during an event, including but not limited to rocks, bottles, sticks, staffs, glass objects or cans; (l) Engaging in a course of conduct or committing any act that endangers the public welfare or safety of others during an event; (i) Damaging landscaping, plantings, improvements, equipment or structures located on city property where an event is being held. In addition to the criminal sanctions authorized herein, any person engaging in the unlawful conduct proscribed by this section, or who violates any section in this article, may also be held civilly liable for any damages or loss, and may be banned from the future use of city-owned property for a specified period of time. 7 Sec. 18-26. Other conduct prohibited while attending or participating in in an event (a) It shall be unlawful for any person to engage in the following conduct while attending or participating in an event: (1) Failure to comply with lawful directions or instructions set forth on a sign posted by the City for or in connection with the event; (2) Climbing upon, during an event, any tree, wall, fence, shelter, fountain, statue, or other structure not specifically intended for climbing purposes; (3) Rendering any part of the event venue dangerous or unsafe for use by others; (4) Closing any street or public right-of-way during the event, or using any street or right-of-way in a manner that obstructs vehicular or pedestrian passage during the event, without first obtaining a street closing permit; (5) Damaging landscaping, plantings, improvements, equipment or structures located on the public property where the event is being held; (6) Holding, carrying, displaying or wearing law enforcement or military-like uniforms or uniform-like clothing, badges, insignia, shields, hats, helmets, masks, equipment and other items that, when held, carried, displayed or worn, tend to suggest or imply that the wearer is a current member of the military, a private militia, a law enforcement agency, or another public safety organization (such as a fire department or emergency medical services agency). (b) The provisions of this section shall be enforceable as provided within Sec. 18-27 of this article. Sec. 18-27. Violations and penalties. Any person who commits an act made unlawful under the provisions of sec. 18-25 or 18-26 of this article shall, upon conviction, be guilty of a class 3 misdemeanor punishable as set forth within sec. 1-11 of the City Code. 2. Severability. If any subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 3. Effective Date. This ordinance shall become effective upon adoption by City Council. 8