CITY COUNCIL AGENDA Members April 19, 2021 Nikuyah Walker, Mayor Sena Magill, Vice Mayor Heather D. Hill Michael K. Payne J. Lloyd Snook, III 5:30 p.m. Closed session as provided by Sections 2.2-3711 and 2.2-3712 of the Virginia Code (Boards and Commissions; Personnel employment) Virtual/electronic meeting 6:30 p.m. Regular Meeting Register at www.charlottesville.gov/zoom. Virtual/electronic meeting in accordance with local ordinances to ensure continuity of government and prevent the spread of disease. NOTE: Individuals with disabilities who require assistance or special arrangements to participate in the public meeting may call the ADA Coordinator at (434) 970-3182 or submit a request via email to ada@charlottesville.gov. The City of Charlottesville requests that you provide a 48 hour notice so that proper arrangements may be made. CALL TO ORDER MOMENT OF SILENCE ROLL CALL AGENDA APPROVAL ANNOUNCEMENTS RECOGNITIONS/PROCLAMATIONS CONSENT AGENDA* 1. Minutes: March 1 regular meeting, March 4 budget work session, March 11 joint budget work session with City Schools 2. Ordinance: City of Charlottesville COVID Ordinance repeal (2nd reading) 3. Ordinance: Designation of trees for protection under the Tree Conservation Ordinance (2nd reading) 4. Appropriation*: Reprogramming FY2020-2021 Community Development Block Grant funds and Minor Action Plan Amendment (1 reading) a. Resolution*: Amendment to Community Development Block Grant account - Reprogramming of Funds for FY 2020-2021 $64,097.82 b. Resolution*: FY 2020 - 2021 Minor Action Plan Amendment of the 2018-2022 Consolidated Plan 5. Appropriation: Virginia Department of Criminal Justice Services (DCJS) Coronavirus Emergency Supplement Funding (CESF) Fiscal Year 2021 - $50,000 (1st of 2 readings) 6. Appropriation: Firehouse Subs Public Safety Grant $26,971.10 (1st of 2 readings) 7. Resolution: Donation of 1967 City Hall sign to the Albemarle Charlottesville Historic Society (1 reading) 8. Report: Rivanna Authorities Quarterly Report CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) COMMUNITY MATTERS Public comment for up to 16 speakers (limit 3 minutes per speaker). Preregistration available for first 8 spaces; speakers announced by Noon on meeting day (9:00 a.m. sign-up deadline). Page 1 of 103 Additional public comment at end of meeting. Public comment will be conducted through electronic participation while City Hall is closed to the public. Participants can register in advance at www.charlottesville.gov/zoom. ACTION ITEMS 9. Public First Amendment Monument lease (1 reading) Hearing/Res.: 10. Ordinance: Continuity of Government Ordinance re-enactment (1 reading) 11. Appropriation: House Bill 5005, Item 408 #1c: Public Safety and Homeland Security, Department of Criminal Justice Services – Local Police Department Funding - $67,913 (1st of 2 readings) GENERAL BUSINESS OTHER BUSINESS MATTERS BY THE PUBLIC *Action Needed Page 2 of 103 CITY COUNCIL MEETING March 1, 2021 Virtual/electronic meeting via Zoom 6:30 PM REGULAR MEETING CALL TO ORDER and ROLL CALL The Charlottesville City Council met in an electronic meeting on Monday, March 1, 2021, in accordance with local ordinances to ensure continuity of government and prevent the spread of disease during the coronavirus pandemic. Mayor Nikuyah Walker called the meeting to order at 6:31 p.m. with the following members present: Mayor Nikuyah Walker and Councilors Heather Hill, Michael Payne and Lloyd Snook. Vice Mayor Sena Magill notified Mayor Walker of her absence due to an emergency. City Council observed a moment of silence. On motion by Councilor Hill, seconded by Councilor Snook, Council unanimously approved the meeting agenda. ANNOUNCEMENTS Clerk of Council Kyna Thomas read announcements about free tax filing services Mayor Walker announced the Budget Work Session for Thursday, March 4 at 4:00 p.m., and the March 5 application deadline for City boards and commissions. Dr. Denise Bonds, Director of the Blue Ridge Health District, provided a Covid-19 update. Councilor Hill read shared information about Community Development Block Grants available through the Community Investment Collaborative. RECOGNITIONS/PROCLAMATIONS Mayor Walker presented a proclamation for Festival of the Book and Jane Kulow accepted with remarks. CONSENT AGENDA* Clerk Thomas read the following Consent Agenda items into the record: 1. MINUTES: January 19 Regular Meeting 2. RESOLUTION/APPROPRIATION: FY2020-2021 Community Development Block Grant Page 3 of 103 (CDBG) Substantial Action Plan Amendment and Reprogramming 2019 CDBG funds for COVID-19 Public Services (2nd reading) a. APPROPRIATION: Appropriation of Funds for 2020-2021 Community Development Block Grant COVID Rental Relief - $244,950.82 APPROPRIATION OF FUNDS FOR THE CITY OF CHARLOTTESVILLE’S 2020-2021 CDBG COVID RENTAL RELIEF WHEREAS, the City of Charlottesville previously approved the appropriation of certain sums of federal grant receipts to specific accounts in the Community Development Block Grant (CDBG) funds; and WHEREAS, it now appears that these funds have not been spent in a timely manner and need to be reprogrammed as measured by the rate of expenditure of funds from the grantee’s line of credit (LOC) in accordance to 24 CFR 570.902(a); and WHEREAS, the City Manager is hereby authorized to transfer funds between among such individual accounts as circumstances may require, to the extent permitted by applicable federal grant regulations; and BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that appropriations made to the following expenditure accounts in the CDBG fund are hereby reduced or increased by the respective amounts shown, and the balance accumulated in the Fund as a result of these adjustments is hereby re-appropriated to the respective accounts shown as follows: Fund Internal Program Proposed Proposed G/L Order Revised Revised Account Reduction Addition 218 1900332 Belmont 19/20 $244,950.82 530670 218 1900399 CRHA Covid Rental $244,950.82 530670 Assistance b. Approval of FY 2020-2021 Substantial Action Plan Amendment of the 2018-2022 Consolidated Plan RESOLUTION Approval of FY 2020-2021 Substantial Action Plan Amendment BE IT RESOLVED that the Charlottesville City Council hereby approves the FY 2020 - 2021 Minor Action Plan Amendment of the 2018-2022 Consolidated Plan. The Page 4 of 103 reprogrammed 2019 CDBG budget will be added into the 2020-2021 Annual Action Plan for covid relief public service activities. No changes to the HOME budget will be made at this time. 3. Additional State Funding for Adoption Assistance - $600,000 (carried) 4. Virginia Transit Association (V.T.A.) Free Transit Fare for Working Families Grant – $180,750 (carried) On motion by Councilor Hill, seconded by Councilor Snook, Council by a vote of 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill) APPROVED the Consent Agenda. CITY MANAGER RESPONSE TO COMMUNITY MATTERS City Manager Chip Boyles shared an update on the following community matters: 1. Regarding sidewalks and crosswalks at Hazel and High Street, he shared information from Public Works that a study of this area was completed in September 2020 for the Safe Routes o School grant. The recommendations included near-term and permanent infrastructure. Installing sidewalks would require removal of 17 parking spaces. To address additional needs, Public Works will pursue a Safe Routes o School grant when the process opens up. The project was delayed due to Covid but is back on track. 2. Regarding credit card policies, he announced a work session scheduled for March 23 and that staff this would be an opportunity for Council to review its spending needs and funding options in order to inform the policy. 3. Regarding when the latest credit card issue became known, he advised that the City Attorney’s Office was notified on December 4, 2020, with a question about a non-profit donation charged in October. 4. Regarding the number of recent evictions and foreclosures, he advised that he requested the information from the General District Court but had not yet received a response. He advised that the number was expected to be relatively low because of ongoing rental relief locally and from the State. In 2020 there were 34 evictions in the City of Charlottesville and 57 in Albemarle County. 5. Regarding the Charlottesville City Schools reconfiguration and Capital Improvement Plan, the report funded by the City is due in June and will give estimates and timelines for the reconfiguration. 6. Regarding the status of the manufacturing and installation of approved honorary street signs, Public Works completed the installation. 7. Related to the design of a historic marker for the slave auction block and plan for descendent community feedback, he advised that members of a Historic Resources Committee subcommittee met with descendants of individuals who had been traded at Court Square. They asked that no markers, temporary or permanent, be placed at the site Page 5 of 103 until there has been thorough and robust engagement with the descendants and community. The HRC agreed and will make plans for initial virtual engagement and other creative engagement options. 8. Regarding the Lewis, Clark and Sacajawea statue at West Main Street, the City’s Procurement office has issued a request for proposals with a deadline of March 12. COMMUNITY MATTERS Mayor Walker opened the floor for public comment. 1. Brielle DuFlon (Renting member and President of McGuffey Art Center), Kori Price and Derrick Waller (Curators from The Charlottesville Black Arts Collective) spoke about the McGuffey Art Center and an art show "Water, The Agony and Ecstasy of the Black Experience", running from 2/5-3/28 2. Carmelita Wood, representing Fifeville Neighborhood Association, spoke in support of the Cherry Avenue Small Area Plan. 3. Nathan Walton, city resident and Executive Director of Abundant Life Ministries, spoke in support of the Cherry Avenue Small Area Plan. 4. Tadrint Washington, city resident, spoke about impacts of the events of August 12, 2017, and living with Complex Regional Pain Syndrome. She asked for help from the city. 5. Sarah Malpass, city resident, Secretary of Fifeville Neighborhood Association and member of the Cherry Avenue Think Tank, spoke in support of the Cherry Avenue Small Area Plan. 6. Colette Blount spoke about Council policies and replacing gender roles with neutral terms. 7. Robin Hoffman, city resident, spoke about Covid-19 vaccinations and oversight of outsourced agencies. 8. Mary Bauer, city resident and Chair of the Human Rights Commission (HRC), followed up on a letter sent to City Council earlier in the day on behalf of the HRC. The letter requested hiring the Executive Director of Human Rights and expressed concern about 1) the limitation of meetings; 2) adoption of an ordinance without providing additional resources; and 3) and the process for revising and adopting the recent ordinance on February 1. She highlighted concerns of individuals influencing the ordinance after the work done by the HRC. 9. Elizabeth Stark, city resident, spoke in support of the Housing Plan on the agenda. She also asked Council to divert funds from the Police Department to community-based programs for mental health, , domestic violence program support, food and housing. She asked for release of a detailed police department budget. 10. Don Gathers, city resident, spoke about signage for approved honorary street designations. He advised that he was not notified regarding his request. He spoke in support of the Housing Plan on the agenda. 11. Tanesha Hudson advised of the need to address temporary housing vouchers for residents. She spoke about targeting of Mayor Walker and about contracts. Page 6 of 103 12. Joy Johnson, city resident, speaking as a member of Charlottesville Low Income Housing Coalition (CLIHC), spoke of changes needed to address inequities in the housing crisis. 13. Jacquana Mason spoke about challenges with finding affordable housing in the City of Charlottesville and the application process. She also spoke about challenges with parents working long hours and not being able to spend needed time with children in order to pay for housing. 14. Matthew Gillikin, city resident, suggested creating a document to explain details of the police budget and using some police funds toward studying initiatives for new ways of policing. 15. Nancy Carpenter, city resident, spoke in support of other comments related to CLIHC. She echoed points made about the police budget, housing vouchers and affordable housing. 16. Almas Abdulla, law student, shared sentiments of earlier comments regarding affordable housing, and made additional comments about disparities in affordable housing and the need for inclusionary zoning. The meeting recessed at 8:29 and reconvened at 8:45 p.m. ACTION ITEMS RESOLUTION*: Charlottesville Affordable Housing Plan – Endorsement Request Alex Ikefuna, Deputy Director of Neighborhood Development Services, shared a summary of related Council actions, and introduced the Housing Plan consultants for the current phase of the project. Project Manager Jennifer Koch, Associate Principal, Rhodeside-Harwell, shared background of "Cville Plans Together" efforts and introduced additional presenters from HR&A Advisors: Phillip Kash, Partner, and Sarah Kirk, Director. From the project Executive Summary: "The recommendations within the Charlottesville Affordable Housing Plan are built with three guiding principles in mind: racial equity, regional collaboration, and a focus on a comprehensive approach. These guiding principles inform the design and implementation of recommended strategies and will enable the City to track the impacts of its affordable housing activities. Aligning the City’s affordable housing policies, programs, and investments with these guiding principles will help the City to more effectively address the affordable housing needs of its residents and workers." Mr. Ikefuna advised that the affordable housing component would influence other components of the Comprehensive Plan and zoning rewrite. Consultants answered a variety of questions from Council. Mr. Kash advised of the Top three priorities: 1) staff time to execute the plan, 2) commitment to getting through the Land Use rewrite including inclusionary zoning without Page 7 of 103 stalling; and 3) how program guidelines are written will determine how the funds are deployed and whether equity emerges as a priority. On motion by Councilor Hill, seconded by Councilor Payne, Council by a vote of 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill) APPROVED the resolution in support of the Affordable Housing Plan. RESOLUTION TO ENDORSE AN AFFORDABLE HOUSING PLAN FOR THE CITY WHEREAS, the City of Charlottesville engaged the planning firm Rhodeside and Harwell to assist the City as necessary with an update of the City’s Comprehensive Plan and to revise the City’s zoning ordinance; and WHEREAS, Rhodeside and Harwell, at the City’s request, have studied existing housing conditions in Charlottesville, have reviewed studies and information previously assembled by City staff, conducted community engagement through a steering committee of local stakeholders, and met with the Planning Commission and City Council, all to prepare a robust strategy to promote the development of affordable housing within the City; and WHEREAS, this City Council is asked to endorse the Affordable Housing Plan strategy presented to Council at its March 1, 2021 regular meeting, so that the strategies and recommendations set forth within the plan can be incorporated into the Comprehensive Plan Update; now therefore, BE IT RESOLVED that the Charlottesville City Council hereby endorses the Affordable Housing Plan presented at Council’s March 1, 2021 regular meeting. RESOLUTION*: Cherry Avenue Small Area Plan Matt Alfele, City Planner, introduced the item and thanked several planning process participants, noting over thirty public engagement events. He gave special thanks to Nick Morrison for over two years of continuous engagement and presence at all outreach events. The adoption of this plan would have an immediate impact on how the Zoning Code is rewritten. Nick Morrison presented a summary of community engagement efforts including: • Cherry Avenue Think Tank • Open House Events • Focus groups Page 8 of 103 • Front porch discussions • Fifeville Neighborhood Association meetings. He shared the neighborhood vision and presented recommendations for next steps. On motion by Councilor Hill, seconded by Councilor Snook, Council by a vote of 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill) APPROVED the resolution in support of including the Cherry Avenue Small Area Plan in the City’s Comprehensive Plan. RESOLUTION TO APPROVE AN AMENDMENT OF THE COMPREHENSIVE PLAN FOR THE CITY OF CHARLOTTESVILLE (2013) TO INCLUDE THE CHERRY AVENUE SMALL AREA PLAN WHEREAS, on January 12, 2021, after notice was given as required by law, the Charlottesville Planning Commission and Charlottesville City Council conducted a joint public hearing on a proposed amendment to the 2013 Comprehensive Plan for the City of Charlottesville (“Comprehensive Plan”), to include the contents of the proposed Cherry Avenue Small Area Plan; and WHEREAS, on January 12, 2021, the Planning Commission adopted a resolution recommending approval by the City Council of the Comprehensive Plan Amendment, and certifying a copy of the Comprehensive Plan Amendment to Council for its consideration; now, therefore, BE IT RESOLVED that the Charlottesville City Council hereby approves and adopts the Cherry Avenue Small Area Plan certified to this Council by the Charlottesville Planning Commission (February 2021) as an amendment to the City’s Comprehensive Plan. RESOLUTION*: Honorary Street Designation requests and Policy Discussion Councilors agreed to table the honorary street designation policy discussion to a future agenda to allow time for staff to develop recommendations for revisions to the policy. On motion by Councilor Hill, seconded by Councilor Payne, Council by the following vote APPROVED the honorary naming of Gregory Swanson Way: 3-1 (Ayes: Hill, Payne, Snook, Walker; Noes: Walker; Absent: Magill). Mayor Walker commented on the desire to honor individuals with more local presence. Page 9 of 103 RESOLUTION TO APPROVE HONORARY STREET NAME DESIGNATION WHEREAS, the Charlottesville City Code Section 28-4 reserves to City Council the authority to modify the names of City streets; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia THAT: 3rd Street N.E. (between East High Street and East Main Street) shall temporarily be given the honorary name “Gregory Swanson Way” until such time as the Commonwealth of Virginia can mark the location of this historically significant court case with a permanent state marker. GENERAL BUSINESS REPORT: City Manager presentation of the Proposed FY 2022 City Operating and Capital Improvement Budget City Manager Boyles introduced the Fiscal Year 2022 Proposed City Budget. He thanked staff for their work on the budget and the award-winning budget presentation for the 19th consecutive year. Of note, the Covid-19 pandemic had immediate and severe impact on economic activity in the city, particularly in the restaurant, retail and hospitality industries. He noted the following budget themes based on Council priorities: - affordable housing - equity - workforce development and economic development - safety and security - investing in employees Ryan Davidson and Krisy Hammill, Senior Budget and Management Analysts, presented details of the budget proposal and advised that upcoming work sessions would address specific areas. After clarifying questions and comments from Council, staff noted that upcoming work sessions would address affordable housing, outside agency allocations, general revenues and expenses, the Capital Improvement Program, and the police department budget, among other topics. Councilors expressed interest in seeing more detailed departmental budgets and narratives for departmental programmatic priorities. Page 10 of 103 REPORT: Charlottesville City Schools FY 2022 approved Budget presentation Lisa Torres, School Board Chair, introduced the FY2022 Schools Budget and shared Charlottesville City Schools rankings as well as other accomplishments and priorities. Dr. Rosa Atkins, Superintendent, reviewed changes from FY2021 to FY2022. Kim Powell, Assistant Superintendent, shared additional information about revenues, expenses, enrollment and recommendations. Council asked clarifying questions and shared feedback. OTHER BUSINESS There were no other business items. MATTERS BY THE PUBLIC Brad Slocum, city resident, spoke about Charlottesville Police Department accountability and budget transparency, and shared ideas for reduction of funds. Chris Schopper spoke about the Affordable Housing Plan and asked Council to consider adverse impacts of zoning changes. He also spoke about downtown parking, housing demands, and making the smaller project development process easier. Tanesha Hudson spoke about budget transparency and unnecessary spending, requesting that all departments be treated equally regarding transparency. The meeting adjourned 12:37 a.m. BY Order of City Council BY Clerk of Council, Kyna Thomas Page 11 of 103 CHARLOTTESVILLE CITY COUNCIL Budget Work Session March 4, 2021 Virtual/electronic meeting via Zoom 4:00 PM WORK SESSION The Charlottesville City Council met in an electronic meeting on Thursday, March 4, 2021, in accordance with local ordinances to ensure continuity of government and prevent the spread of disease. The purpose of the meeting was a work session to discuss the Fiscal Year 2022 City Budget. Mayor Walker called the meeting to order at 4:05 p.m. with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, Councilors Heather Hill, Michael Payne and Lloyd Snook. Mayor Walker turned the meeting over to City Manager Chip Boyles, who advised that the meeting would focus on General Fund revenues and expenditures. He also advised that new initiatives discussed during FY2022 budget sessions would be the starting point for developing the FY 2023 budget. Senior Budget and Management Analysts Ryan Davidson and Krisy Hammill reviewed FY 2022 revenue drivers, proposed investments in Council budget priorities and expenditures not included in the proposal. The Council priorities identified for the FY 2022 City Budget included: • Affordable housing • Racial equity • Safety and security • Workforce and economic development, and • Investment in employees. Council engaged in discussion about the Schools budget request, the potential merger of housing and rental relief programs, employee compensation, how departments infuse equity into their budgets, and communication across all resources to meet needs. Councilors also expressed a desire to earmark funding priorities should actual revenues exceed current projections. Some priorities mentioned were funding for staff to address climate action and broadening eligibility for housing and real estate tax assistance. Commissioner of the Revenue Todd Divers shared details of the conflicts with running multiple assistance programs, and the benefits of merging the programs. Page 12 of 103 Council expressed interest in having a full open meeting with Charlottesville City Schools to discuss more details of the budget request. The presentation included upcoming meeting dates: March 11: Work Session, 6:00pm – 8:00pm, Zoom Webinar, Outside and Non-profit Agencies (Public invited. Opportunity for Council discussion with staff. Public comment at end.) March 15: Public Hearings, 6:30pm, Zoom Webinar – Tax Rates and Proposed Budget (Smaller presentation with opportunity for public feedback and Council discussion) March 17: Community Budget Forum, 6:00pm, Zoom Webinar (Opportunity for public to speak one on one with City Council and staff after short presentation by the Interim City Manager.) March 25: Work Session, 6pm – 8pm, Zoom Webinar, Capital Improvement Program (Public invited. Opportunity for Council discussion with staff. Public comment at end.) April 5: Second Public Hearing on Budget/First Reading, 6:30pm, Zoom Webinar (Smaller presentation with opportunity for Public feedback and Council discussion) TENTATIVE - April 8: Work Session, 6pm – 8pm, Zoom Webinar, Remaining budget issues and wrap up (Public invited. Opportunity for Council discussion with staff. Public comment at end.) April 13: Budget Approval by City Council, 5:30pm, Zoom Webinar City Manager Boyles summarized action steps. Mayor Walker opened the floor for public comment. The following people spoke: Jason Halbert, President of the Fry's Spring neighborhood, asked about the status of the computer systems that were to be put in place for management of the Capital Improvement Plan process. He also advised against dependency on CARES Act funds for salary positions. He shared that all schools should be outfitted with solar power, and he agreed with Councilors about climate action support. William Milone spoke about delaying parts of the West Main Streetscape project and taking advantage of funds available for parts of the project while they’re still available. Page 13 of 103 Jeff Fogel, city resident, spoke in support of increasing taxes, fully utilizing the Charlottesville Housing Assistance Program, and re-distributing funds from the police department budget to other support programs. Matthew Gillikin, city resident, spoke about employee compensation for School and City staff. Mayor Walker adjourned the meeting at 6:20 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 14 of 103 CHARLOTTESVILLE CITY COUNCIL Budget Work Session March 11, 2021 Virtual/electronic meeting via Zoom 5:00 PM WORK SESSION The Charlottesville City Council met in an electronic meeting on Thursday, March 11, 2021, in accordance with local ordinances to ensure continuity of government and prevent the spread of disease. The purpose of the meeting was a work session to discuss the Fiscal Year 2022 City Budget, specifically the Charlottesville City Schools (CCS) budget and outside agencies. Mayor Walker called the meeting to order at 5:01 p.m. Clerk of Council Kyna Thomas called the roll and noted the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, Councilors Heather Hill, Michael Payne and Lloyd Snook. The Charlottesville City School Board was called to order at 5:02 p.m. by Chair Lisa Torres. City Manager Chip Boyles reviewed the agenda: 1. Changes to FY22 Proposed Budget 2. Discussion with Charlottesville City Schools 3. Outside and Nonprofit Agency Funding 4. Contractual Agencies 5. Vibrant Community Fund Agencies 6. Wrap Up and Staff Follow Up 7. Public Comment DISCUSSION Schools Budget Request Senior Budget and Management Analyst Ryan Davidson reviewed funding for CCS, sharing data about target funding versus actual funding since 2014. School Superintendent Dr. Rosa Atkins began the Schools presentation, followed by Assistant Superintendent Kim Powell. The CCS presentation addressed four topics of interest to City Council: 1. Understanding the funding mechanisms tied to the 5% increase that the Governor was mandating. 2. Discussing the impacts of reducing the schools year-to-year budget. 3. Further discussing the impacts/risks of CCS adopting an operating budget the City may not be able to sustain in future years after one-time CARES funding ceases 4. Any update on schools funding from the state as well as timeline to know if further CARES funds will be allocated to the CCS FY 2022 revenue drivers, proposed investments in Council budget priorities and expenditures not included in the proposal. The Council priorities identified for the Page 15 of 103 Chair Torres shared that decisions about budget line items were made with students and equity in mind. Dr. Atkins added that the position requests were included as a direct request from staff. New funds from the federal government were identified as the American Rescue Plan instead of CARES funding. Council engaged in discussion about the Schools budget request. School Board Member Sherry Kraft shared concerns about the need for resources to address a mental health crisis and asked that Council review the funding formula in the future. School Board Member Leah Puryear shared concerns about the breadth of people who did not receive raises over the past year, and she addressed the cost of inclusion. Board members Jennifer McKeever and James Bryant spoke about the long-term impacts of Covid-19. The School Board adjourned at 6:26 p.m. Outside and Non-profit Agencies Ryan Davidson began the presentation of data regarding Contractual Agencies (Public Safety and Justice, Transportation, Education and Arts), advising that these agencies provide services that if not contracted, the City would need to still provide the service. Mayor Walker suggested that future budget messages when a pay increase is not being considered for City staff, communicate to others that increases would not be considered. Kaki Dimock, Director of Human Services, reviewed the FY22 Vibrant Community Fund process and answered questions for Council. Impacts of the Pandemic: • Planned community meetings on improving the application process for arts and culture programming did not occur. • Measurements & Solutions Workgroup interrupted by pandemic, resumed meeting in October. Report due date delayed until May 2021. • Many agencies pivoted services to focus on emergency need rather than previous goals. • Many agencies moved to virtual services resulting in fewer people served. • Community need for financial assistance, food, health & mental health services sharply increased. Process Changes: • Six broad funding priority areas: Education/Youth; Jobs/Wages; Community/Public Safety; Affordable Housing; Health; and Equity (Equity added to priorities based on FY21 process feedback) Page 16 of 103 • Two ways of requesting city support: funding for programs that match the priority areas and funding under $10,000 for capacity-building • Applications ranked by importance in addressing priority area: essential, important, helpful, no direct connection and by application score/quality: exemplary, solid, fair, poor • Provided new method for Arts & Culture applications • Application and evaluation improvements including review team with experience as consumers of nonprofit services, experience with grantmaking and nonprofit management Staff reviewed ongoing efforts, future developments, and the funding matrix. Mayor Walker noted the need to fill the Measurement and Solutions staff role. Council engaged in discussion and expressed interest in learning more information about how decisions were made to allocate funds to certain agencies, and changes from last year. Discussion also included how to prioritize funds should additional funding become available. City Manager Boyles summarized action steps. Upcoming meetings: March 15: Public Hearings, 6:30pm, Zoom Webinar - Tax Rates and Proposed Budget (Smaller presentation with opportunity for public feedback and Council discussion) March 17: Community Budget Forum, 6:00pm, Zoom Webinar (Opportunity for public to speak one on one with City Council and staff after short presentation by the City Manager) March 25: Work Session, 6pm - 8pm, Zoom Webinar, Capital Improvement Program (Public invited. Opportunity for Council discussion with staff. Public comment at end.) April 5: Second Public Hearing on Budget/First Reading, 6:30pm, Zoom Webinar (Smaller presentation with opportunity for Public feedback and Council discussion) TENTATIVE - April 8: Work Session, 6pm - 8pm, Zoom Webinar, remaining budget issues and wrap up (Public invited. Opportunity for Council discussion with staff. Public comment at end.) April 13: Budget Approval by City Council, 5:30pm, Zoom Webinar PUBLIC COMMENT Mayor Walker opened the floor for public comment. Jay James spoke in favor of funding for the Bridge Ministry and contested the Page 17 of 103 "helpful" designation for the organization according to the Vibrant Community scoring matrix. Angela Ciolfi spoke about adjustments needed during this year's Vibrant Community process to prioritize racial equity and legal services. She asked for funding of PHAR's internship program and the Legal Aid Justice Center. Shelby Edwards spoke in support of funding for the PHAR (Public Housing Association of Residents) internship program. Lena Seville spoke in support of funding for the PHAR internship program. William Washington, CEO of the Bridge Ministry, spoke in favor of funding for the Bridge Ministry. Erin Tucker spoke in favor of funding for the On Our Own program. Brandon Collins spoke in favor of funding for the PHAR internship program and consider increasing the allocation for resident-directed redevelopment. Daniela Pretzer spoke in favor of funding for the Bridge Line. Joy Johnson, PHAR President, spoke in favor of funding of the PHAR internship program and the Legal Aid Justice Center. John Sales, Executive Director of Charlottesville Redevelopment and Housing Authority spoke about the CRHA application submitted and spoke in favor of funding for the HCV (Housing Choice Voucher) program. Jodi Jackson, Coordinator of the Charlottesville-Albemarle Drug Court Program, shared information about the program and advised that its status should be elevated to "essential". Mayor Walker adjourned the meeting at 8:41 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 18 of 103 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: April 5, 2021 Action Required: First Reading: Ordinance to Repeal the City’s COVID Ordinance Presenter: Heather Hill, City Councilor Staff Contacts: Charles P. Boyles, II, City Manager Lisa Robertson, Chief Deputy/Acting City Attorney Title: Repeal of Local COVID Public Health Ordinance Background: In 2020 the Charlottesville City Council enacted a local ordinance to prevent the spread of the Novel Coronavirus (“Covid 19”) pursuant to authority set forth in state law and Section 14 of the City Charter. Recently, on December 10, 2020 and again on February 16, 2021, City Council amended its local ordinance to bring it into closer conformance with the Executive Orders issued by the Governor of Virginia. However, separately from the Governor’s Executive Orders the City’s local ordinance continues to impose local restrictions on the numbers of persons allowed at food establishments and requires a warning to a property owner or tenant prior to enforcing any state-imposed restrictions on the size of a gathering. Discussion: Councilor Hill requests that Council revisit the question of whether the City’s local ordinance should be repealed. Councilor Hill is concerned that as things progress relative to reopening in the coming months, there will continue to be confusion and discrepancies between what is being directed at the state and local level, making maintaining our own local ordinance growingly more cumbersome. (Note: separately, on April 19, 2021 the City’s current Continuity of Government Ordinance will expire unless extended by City Council. We plan to present a proposed, revised Continuity of Government Ordinance for consideration on that date). Alignment with Council Vision Areas and Strategic Plan: Each of Council’s Alternatives, below, can be said to align with one or more Council Vision Areas. Community Engagement: N/A Budgetary Impact: N/A Recommendation: None at this time. Page 19 of 103 Alternatives: (1) No change (no action required): City Council may, after discussing the matter, decide not to repeal or change the existing ordinance in any way. (2) Repeal the Current Ordinance (adopt an Ordinance to repeal the existing Ordinance, per City Code §2-100): if Council wishes, it could repeal the current local ordinance, and allow activities and gatherings subject only to the Governor’s Executive Orders. (Attachment A to this Memo is an Ordinance repealing the current Ordinance). This Ordinance would require two readings, per City Code Sec. 2-97. Attachment (1): Attachment A: Ordinance repealing the local COVID Ordinance Page 20 of 103 ATTACHMENT A ORDINANCE REPEALING THE CITY’S ORDINANCE TO PREVENT THE SPREAD OF THE NOVEL CORONAVIRUS, SARS–CoV–2, AND THE DISEASE IT CAUSES, COMMONLY REFERRED TO AS COVID-19 (AS AMENDED THROUGH FEBRUARY 16, 2021) BE IT ORDAINED by the Council of the City of Charlottesville that this Council hereby repeals, in its entirety, the Ordinance adopted by City Council to Prevent the Spread of the Novel Coronavirus, SARS-CoV-2, and the Disease it Causes, commonly referred to as Covid-19, as such Ordinance was adopted by Council and amended from time to time (most recently amended and reenacted on February 16, 2021). Page 21 of 103 Page 22 of 103 Page 23 of 103 Ordinance Page 24 of 103 Page 25 of 103 ORDINANCE DESIGNATING CERTAIN TREES AS PROTECTED TREES UNDER THE CITY’S TREE CONSERVATION ORDINANCE WHEREAS, the City of Charlottesville (the City) adopted a Tree Conservation Ordinance on November 4, 2013 to preserve certain significant trees within the City of Charlottesville; and WHEREAS, per Section 18-5 et seq. of the City Code (Tree Conservation Ordinance), the City Arborist and Tree Commission may make recommendations to Council on a quarterly basis to consider designation of certain trees as Heritage, Memorial, Specimen, or Street trees; and WHEREAS, the Tree Commission has nominated and recommends that the following trees be afforded protection through the Tree Conservation Ordinance: (1) White Ash (Fraximus americana) at McIntire Building, as a Specimen Tree; (2) American Elm (Ulmus americana) at Clark School, as a Specimen Tree; (3) Bur-Post Oak (Quercus stellata) at Maplewood Cemetery, as a Specimen Tree; (4) Sycamore (Platanus occidentalis) at Riverview Park, Chesapeake Street at Riverside Avenue, as a Specimen Tree; (5) Shumard Oak (Quercus shumardii) At Rugby Road at 250 Bypass, as a Memorial Tree and Street Tree; and (6) Southern Red Oak (Quercus falcata) at Oakwood Cemetery, as a Specimen Tree. WHEREAS, the City Arborist concurs with the recommendations of the Tree Commission; and WHEREAS, City Council has considered the report and recommendation of the City Arborist and the Tree Commission, and conducted a public hearing on April 5, 2021; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville that: 1. The nominated White Ash at McIntire Building, the Elm at Clark School, the Sycamore at Riverview Park, the Bur-Post Oak at Maplewood Cemetery, and the Southern Red Oak at Oakwood Cemetery are hereby designated as Specimen Trees; and 2. The nominated Shumard Oak at Rugby Road/250 bypass is hereby designated as a Memorial Tree and Street Tree. Page 26 of 103 Page 27 of 103 Page 28 of 103 Page 29 of 103 Page 30 of 103 Page 31 of 103 Page 32 of 103 Page 33 of 103 Page 34 of 103 Page 35 of 103 Page 36 of 103 Page 37 of 103 Page 38 of 103 Page 39 of 103 Page 40 of 103 Page 41 of 103 Page 42 of 103 Page 43 of 103 Page 44 of 103 Page 45 of 103 Page 46 of 103 Page 47 of 103 Page 48 of 103 Page 49 of 103 Page 50 of 103 Page 51 of 103 Page 52 of 103 Page 53 of 103 Page 54 of 103 Page 55 of 103 Page 56 of 103 Page 57 of 103 Page 58 of 103 Page 59 of 103 Page 60 of 103 Page 61 of 103 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: April 19, 2021 Action Required: Resolutions Presenter: Erin Atak, Grants Coordinator Staff Contacts: Erin Atak, Grants Coordinator Title: FY2020-2021 Community Development Block Grant Minor Action Plan Amendment and Budget Amendment Background: This agenda item includes project reprogramming recommendations, and minor action plan approval for the Community Development Block Grant (CDBG) funds to be received by the City of Charlottesville from the U.S. Department of Housing and Urban Development (HUD). On May 4, 2020, the City Council approved award of $78,538.13 in CDBG funds to Albemarle Housing Improvement Program (AHIP) for Homeowner Rehabilitation activity, with spending effective July 1, 2020. Those funds were required to meet a 65% spend rate by April 1, 2021. As of April 1st, AHIP reported and invoiced at a 18.38% spend rate. On January 14, 2021, the City of Charlottesville was found to be noncompliant, for the second consecutive year, with the CDBG timely expenditure requirements. HUD has noted that the City of Charlottesville’s lack of timely performance as a deficiency. All contract extensions for the CDBG and HOME program have been suspended. The CARES Act modifies some CDBG program rules and authorizes the Secretary of HUD to grant waivers and alternative requirements. Accordingly, FR-6218-N-01 describes how requirements of the CDBG program are modified for CDBG-CV grants, fiscal year 2020 CDBG grants, and fiscal year 2019 CDBG grants under the Department of Housing and Urban Development Appropriations Act. Discussion: City staff has identified an immediate program for funding to solve the City’s timeliness concerns by June 30, 2021. The City has unexpended 2020 CDBG entitlement funds totaling $64,097.82 from the delayed AHIP Homeowner Rehabilitation activity. These funds can be reprogrammed back into the 2020-2021 CDBG program budget to fund the partially funded COVID related Charlottesville Redevelopment and Housing Authority (CRHA) Rental Relief program. Page 62 of 103 To meet HUD deadlines, reprogrammed funds must be spent by June 30, 2021. CRHA Rental Relief program was recently signed into contract on March 5, 2021 for $244,950.82 and have surpassed their spend rate. This is ahead of the projected spending schedule as outlined within Schedule III of the CDBG Subrecipient contract. Staff and HUD have identified CRHA’s COVID Rental Relief program as an eligible activity for the City to meet HUD spending requirements. All public service CDBG dollars are required to be spent by June 30, 2021. Funds are proposed to provide immediate COVID-19 rental assistance to public housing residents to provide rental payments for a three-month period. Community Engagement: The AHIP approval was part of the Action Plan that was advertised for a thirty-day comment period (March 26th – April 26th 2020) before being sent to HUD for approval. The Action Plan was also sent to Charlottesville Neighborhood community members and Housing Directors Council for public comment. Comments received were incorporated into the Action Plan. HUD approved the Action Plan on August 14, 2020. The CRHA approval was part of the Substantial Action plan amendment that was advertised for a HUD authorized expedited 5-day public comment period between February 1, 2021 through February 5, 2021; and a virtual public hearing was held at City Council on February 16, 2021. HUD authorized an expedited 5-day public comment period on April 2, 2020 for COVID-19 specific activities to prevent, prepare for, and response to the coronavirus with the goal to quickly appropriate funds to eligible activities. If council approves the request, then an approval will be submitted to HUD as a minor Action Plan Amendment for the 2020-2021 fiscal year. The full action plan can be viewed on the City Website through the following link. Minor Action Plan Amendments do not require a public hearing. Alignment with City Council’s Vision and Strategic Plan: Approval of this agenda item aligns directly with Council’s vision for Charlottesville to have Economic Sustainability, A Center for Lifelong Learning, Quality Housing Opportunities for All, and A Connected Community. It contributes to variety of Strategic Plan Goals and Objectives including: Goal 1: Inclusive, Self-sufficient Community; Goal 3: Beautiful Environment; Goal 4: Strong, Diversified Economy; and Goal 5: Responsive Organization. Budgetary Impact: None Recommendation: Staff recommends approval of the resolution to amend the CDBG budget to decrease the appropriation to AHIP and to increase the appropriation to CRHA. Alternatives: No alternatives are proposed. Page 63 of 103 Attachments: Resolution to Amend CDBG Reprogramming Resolution for FY 2020-2021 Minor Action Plan Amendment Page 64 of 103 RESOLUTION AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT Reprogramming of Funds for FY 2020-2021 WHEREAS, Council has previously approved the appropriation of certain sums of federal grant receipts to specific accounts in the Community Development Block Grant (CDBG) funds; and WHEREAS, pursuant to section 3 of CDBG Sub-recipient Agreements these funds have not met HUD spending deadlines and need to be reprogrammed, and therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that appropriations made to the following expenditure accounts in the CDBG fund are hereby reduced or increased by the respective amounts shown, and the balance accumulated in the Fund as a result of these adjustments is hereby reappropriated to the respective accounts shown as follows: Fund Account Code Purpose Proposed Proposed Proposed Revised Revised Revised Reduction Addition Appropriation 218 1900364 Albemarle Housing $64,097.82 Improvement Program 218 1900399 CRHA Rental Relief $64,097.82 $64,097.82 TOTALS: $64,097.82 $64,097.82 $64,097.82 Approved by Council April 19, 2021 Kyna Thomas, CMC Clerk of Council Page 65 of 103 RESOLUTION Approval of FY 2020-2021 Minor Annual Action Plan Amendment BE IT RESOLVED, that the Charlottesville City Council hereby approves the FY 2020 - 2021 Minor Action Plan Amendment of the 2018-2022 Consolidated Plan. The reprogrammed CDBG and budget will be added into the 2020-2021 Annual Action Plan. Approved by Council April 19, 2021 Kyna Thomas, CMC Clerk of Council Page 66 of 103 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: April 19, 2021 Action Required: Appropriation of Funding Presenter: Stephen Knick, Captain, Charlottesville Police Department Staff Contacts: RaShall Brackney, Chief, Charlottesville Police Department Stephen Knick, Captain, Charlottesville Police Department Title: Virginia Department of Criminal Justice Services (DCJS) Coronavirus Emergency Supplement Funding (CESF) Fiscal Year 2021 -$50,000 Background: The Virginia Department of Criminal Justice Services (DCJS) has made $6.5 million of federal Coronavirus Emergency Supplemental Funding Grant (CESF) funds available to assist eligible applicants in preventing, preparing for, and responding to the coronavirus. The $6.5 million is approximately 60% of the $10,832,775 CESF grant awarded to the Commonwealth of Virginia. The City of Charlottesville, through the Police Department, has received approval for reimbursement up to $50,000 from the Virginia Department of Criminal Justice Services (DCJS) for the FY21 Coronavirus Emergency Supplemental Funding (CESF) program to purchase law enforcement equipment. Discussion: The Charlottesville Police Department applied for $50,000 of funding for the purchase of up to three multi-purpose message boards with speed radar technology. The department requested this funding due to the continuing struggles with the physical, economic, and emotional impacts of the coronavirus. Since March 2020, we have experienced an increase in vehicle related incidents, gunshot related incidents and firework related calls for service. All of which present threats to the health and safety of our residents. To proactively address this issue, funding was requested to implement multi- purpose message board technology with speed radar capabilities as needed throughout our community. These mobile communication devices provide law enforcement with an additional communication tool to provide our residents, community and motorists with localized alerts and hazard notices both safely and effectively. Notification of award approval was received on September 8, 2020. The amount awarded is $50,000 and requires no local match. Page 67 of 103 Alignment with City Council’s Vision and Strategic Plan: The CESF award supports Goal 2 of the Strategic Plan, a healthy and safe city. With this funding, CPD will be able to enhance its ability to provide socially distanced localized communications both effectively and proactively. The funding also aligns with Goal 2.4, to reduce the occurrence of crime, traffic violations and accidents in the community. By staging message boards in locations with high rates of incidents, our residents and motorists are made aware of a localized concern without a physical law enforcement presence, which may lead to a decrease in incidents in that area. Community Engagement: N/A Budgetary Impact: This has no impact on the General Fund. The funds will be expensed and reimbursed to a Grants Fund. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: Should the City decline to approve the appropriation request, the department would be ineligible to participate in the grant program. Attachments: Appropriation Page 68 of 103 APPROPRIATION DCJS FY21 Coronavirus Emergency Supplemental Funding Program Grant # 20-A5055CE20 $50,000 WHEREAS, the City of Charlottesville, through the Police Department, has received the Virginia Department of Criminal Justice Services FY 2021 Coronavirus Emergency Supplemental Funding grant in the amount of $50,000 to be used to prevent, prepare for and respond to the Coronavirus. WHEREAS, the grant award covers the period from January 20, 2020 to September 30, 2021. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $50,000, received from the Virginia Department of Criminal Justice Services, is hereby appropriated in the following manner: Revenue $ 50,000 Fund: 209 I/O: 1900400 G/L: 431110 Federal Grants Expenditure $ 50,000 Fund: 209 I/O: 1900400 G/L: 520900 Mach/Equip/Furn (NC) BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $50,000 from the U.S. Department of Justice, Office of Justice Programs’ Bureau of Justice Assistance. Page 69 of 103 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: April 19, 2021 Action Required: Appropriation Presenter: Mike Rogers, Deputy Chief – Business Services, Charlottesville Fire Dept. Staff Contacts: Mike Rogers, Deputy Chief – Business Services, Charlottesville Fire Dept. Firehouse Subs Public Safety Foundation Grant - $26,971.10 Title: Background: The mission of the Firehouse Subs Public Safety Foundation is to impact the lifesaving capabilities, and the lives of local heroes and their communities. This is accomplished by providing lifesaving equipment and prevention education tools to first responders and public safety organizations. Discussion: The Charlottesville Fire Department submitted a grant application to the Firehouse Subs Foundation requesting a grant for 10 sets of firefighter’s protective clothing at $2697.11 each, totaling $26,971.10. The 10 sets of gear awarded by the foundation will help to offset the costs of outfitting the 15 firefighters hired in through the federal SAFER grant program. Alignment with Council Vision Areas and Strategic Plan: The Firehouse Subs Foundation Grant award supports the City’s mission “We provide services that promote equity and an excellent quality of life in our community” by providing supplemental funding to assist with offsetting the costs to outfit 10 firefighters with firefighters protective clothing. The monetary assistance from this grant also aligns with Goal 2.1, Reduce adverse impact from sudden injury and illness and the effects of chronic disease by helping to support the departments cancer risk reduction initiatives (issuing each firefighter two sets of protective clothing), as well as elements within Goal 5 - A Well-managed and Responsive Organization. Community Engagement: N/A Page 70 of 103 Budgetary Impact: As no match is required, there is no direct impact. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: If we are unable to accept the award, the department will have to utilize additional operating funds to order/issue these 10 sets of firefighter’s protective clothing. Attachments: Appropriation Page 71 of 103 APPROPRIATION Firehouse Subs Public Safety Foundation Grant - $26,971.10 WHEREAS, the Firehouse Subs Public Safety Foundation has awarded a grant to the Fire Department, through the City of Charlottesville, specifically for 10 sets of firefighter protective clothing; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that a total of $26,971.10 be appropriated in the following manner: Revenues - $26,971.10 $26,971.10 Fund: 105 Cost Center: 3201006000 G/L Account: 451022 Expenditures - $26,791.10 $26,791.10 Fund: 105 Cost Center: 3201006000 G/L Account: 520060 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the reimbursement of funds or goods as supplied from the Firehouse Subs Public Safety Foundation Grant. Page 72 of 103 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: April 19, 2021 Action Required: Approval of a Resolution Presenter: Jeff Werner, Historic Preservation & Design Planner Staff Contacts: Jeff Werner, Historic Preservation & Design Planner Alex Ikefuna, NDS Director Title: Proposed Donation of Bronze Sign to the Historical Society Background: In early March 2021, Parks and Rec staff located in storage two, bronze signs that had formerly been on the current City Hall building, which was constructed in 1967.1 The signs were moved to Surplus Property. It was determined the signs were not intended for a re-use or re-installation. Historic Preservation staff was then asked if the signs had any historic value, otherwise they would be made available for public auction. Historic Preservation staff contacted the Albemarle Charlottesville Historical Society (ACHS) who expressed interest in obtaining one of the signs— letter attached. Approximately, each sign is 3” x 18” x 60” and weighs 150 pounds. Bronze, as scrap metal, is valued at approximately $2.10 per pound. Therefore, each sign has a value of approximately $315. Per City Code Section 2-98, donation of surplus property valued in excess of $100 requires City Council approval. Discussion: Section 2-98(a) of the Charlottesville City Code specifies that “for every ordinance or resolution…donating any property of the city, where the value of such property is one hundred dollars ($100.00) or more, a vote of a majority of all members elected to the council shall be necessary and the "ayes" and "noes" shall be entered on the minutes of the council.” 1 The bronze signs were removed from City Hall in 2004/2005 and replaced with the existing. Donation of City Hall sign – memo to CC (Final April 6, 2021) 1 Page 73 of 103 Per the attached letter, the ACHS is requesting the donation of one of the signs to the ACHS Museum Collection for the purpose of preservation. This historic sign would become part of the permanent museum collection and would be used for public display and exhibits at the McIntire Building. We have several other signs from local businesses already in our collection, as well as a framed painting of the City seal, so this “City Hall” sign would be a historically important and relevant addition to our collection. The signs are not historic, in the traditional sense, nor are they directly related to a particular event, period, or individual in the City’s history. However, they are architectural components of the City’s civic architecture and, in time, will contributed to community’s understanding of its past. Note: The ACHS is a 501(c)(3) founded in 1940 and, since 1994, has operated out of the original McIntire Library building, located at 200 2nd Street NE. Formerly the Albemarle County Historical Society, in 2018 the organization was renamed the Albemarle Charlottesville Historical Society. Alignment with City Council’s Vision and Strategic Plan: From the City’s Comprehensive Plan, Historic Preservation & Urban Design. Resource Inventory. Goal 4.5: Survey and evaluate all City-owned property, including schools and parks, for historic and design significance and integrity. From the City Council Vision Statement. Our community has world-class performing, visual, and literary arts reflective of the unique character, culture, and diversity of Charlottesville. Charlottesville cherishes and builds programming around the evolving research and interpretation of our historic heritage and resources. Through City partnerships and promotion of festivals, venues, and events, all have an opportunity to be a part of this thriving arts, cultural, and entertainment scene. From the City’s Strategic Plan. Goal 3.5 Protect historic and cultural resources. The historic and cultural resources in the city are economic development and tourism assets. They also represent a testament to the community’s past. The preservation of these resources is critical to protect the character of the city. The strategies and policies to preserve and sustain these resources include education, urban design, resource inventory, neighborhood conservation, resource protection, entrance corridor and other regulatory review, and technical assistance to property owners. Community Engagement: There was no community discussion related to this request. Budgetary Impact: If made available for auction or sold for scrap value, each sign might produce $315+/- in revenue, which will not be realized if one is donated to the ACHS. Donation of City Hall sign – memo to CC (Final April 6, 2021) 2 Page 74 of 103 Recommendation: Staff recommends approval of the donation and adoption of the attached resolution. Alternatives: Council may decline the donation, upon which the sign will be disposed of as surplus property. Attachments: • Proposed Resolution. • Albemarle Charlottesville Historical Society letter, dated March 30, 2021. Request for donation. • David T. Brown P.E., Director of Public Works email, dated March 31, 2021. Confirmation there is no planned City use for the bronze signs. • City policy re: donation of City-owned property. • Albemarle Charlottesville Historical Society Deed of Gift form. Donation of City Hall sign – memo to CC (Final April 6, 2021) 3 Page 75 of 103 RESOLUTION APPROVING A DONATION OF SURPLUS PROPERTY TO THE CHARLOTTESVILLE ALBEMARLE HISTORICAL SOCIETY WHEREAS, the Charlottesville Albemarle Historical Society has requested the City to donate to it certain property, specifically a bronze sign containing the words “City Hall” originally purchased by the City in the late 1960’s (the “Sign”); and WHEREAS, the Sign is currently in storage, the City has no plans to re-use the sign, and staff estimates the value of the sign to be three hundred dollars ($300.00); and WHEREAS, this City Council has authority pursuant to Virginia Code Sec. 15.2-951 to dispose of personal property, and City Council also has authority pursuant to Virginia Code Sec. 15.2-953 to make donations of property to certain charitable institutions, associations or nonprofits; and WHEREAS, it is the determination of this City Council that the Charlottesville Albemarle Historical Society is a nonprofit entity to which the Council is authorized to make donations of property pursuant to Virginia Code Sec. 15.2-953; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE that a bronze sign, containing the words “City Hall”, originally purchased by the City in the late 1960’s, is hereby donated to the Charlottesville Albemarle Historical Society. Approved by Council April 19, 2021 _______________ Kyna Thomas, CMC Clerk of Council Donation of City Hall sign – memo to CC (Final April 6, 2021) 4 Page 76 of 103 founded 1940 // 200 Se c o n d S t re e t N E ⬧ Cha rl ot te sv il l e , V i rg in i a 22 90 2 March 30, 2021 Chip Boyles Charlottesville City Manager City Hall 605 East Main Street Charlottesville, VA 22902 BOARD OF DIRECTORS Dear Mr. Boyles: Angus Arrington IV On behalf of the Albemarle Charlottesville Historical Society, I am writing Ervin L. Jordan, Jr. regarding the two “City Hall” signs owned by the City that are currently under Phyllis K. Leffler consideration to be released as surplus. ACHS requests that the City consider Shelley V. Murphy donating one of the signs to the ACHS Museum Collection for the purpose of Katherine Slaughter preservation. This historic sign would become part of the permanent museum Daniel Smythe collection and would be used for public display and exhibits at the McIntire Building. We have several other signs from local businesses already in our Sam Towler collection, as well as a framed painting of the City seal, so this “City Hall” sign would be a historically important and relevant addition to our collection. Executive Director C. Thomas. Thank you for considering our proposal to care for this artifact. Chapman Sincerely, C. Thomas Chapman Executive Director executivedirector@albemarlehistory.org Donation of City Hall sign – memo to CC (Final April 6, 2021) 5 Page 77 of 103 From: Brown, David T Sent: Wednesday, March 31, 2021 2:36 PM To: Grooms, Vernice ; Werner, Jeffrey B Subject: RE: City Hall Signs - Surplus Property Jeff, In follow up to Vernice’s correspondence, please accept this correspondence as a confirmation that there is no planned use for either of the signs and were recommended for surplus. Thank you David David T. Brown P.E. Director of Public Works City of Charlottesville 305 4th Street NW Charlottesville, VA 22903 O: 434.970.3703 browndt@charlottesville.gov Donation of City Hall sign – memo to CC (Final April 6, 2021) 6 Page 78 of 103 CITY DONATION PROCEDURES https://www.charlottesville.gov/1297/City-Donation-Procedures If the donation is worth less than $100, consult Procurement and Risk Management to determine if there is enabling legislation and to facilitate the process. The following is intended to provide general guidelines to promote consistent treatment of requests received by the City for the donation of City-owned property (excluding real property) worth over $100. 1. Request to Donate City-Owned Property Any request to donate City-owned property shall be in writing and accompanied by the name and address of the person making the request, a description of the property, the proposed use of the property or the reason for the requested donation, and if the City has a current or planned use of the property. All requests are to be submitted to Finance/Procurement & Risk Management. 2. Staff Review Finance/Procurement & Risk Management will coordinate with the Office of the City Attorney to verify there is enabling legislation to make the donation and notify the department head or designee of the finding. Finance/Procurement & Risk Management will provide the department with the estimated sale value of the surplus. If a determination is made that there is enabling legislation to donate the property, departments may request approval from the City Manager to proceed with the donation. The request the department makes to the City Manager must include the estimated sale value of the surplus. If approved by the City Manager, continue to step 3. 3. Council Review The requesting department will draft a memorandum and resolution to be presented to Council. The estimated sale value/revenue of the surplus shall be included in the Budgetary Impact section of the memorandum to Council. The department will coordinate with the Budget and Performance Management Director who will coordinate with the Clerk of Council to request placement on a City Council agenda for consideration. 4. Approval The donation of City-owned property where the value is equal to or greater than $100 can only be authorized by a resolution passed by majority vote of City Council after one reading. 5. Disposition If approved by Council, Finance/Procurement & Risk Management will coordinate with key City staff and the donee to process the donation paperwork and remove the property from the City’s assets listing as appropriate. If you have questions or need further information please contact the Warehouse @ 970-3865. Donation of City Hall sign – memo to CC (Final April 6, 2021) 7 Page 79 of 103 . Donation of City Hall sign – memo to CC (Final April 6, 2021) 8 Page 80 of 103 434.977.2970 RIVANNA SOLID WASTE AUTHORITY 695 Moores Creek Lane Charlottesville, Virginia 22902-9016 434.293.8858 RIVANNA WATER & SEWER AUTHORITY RIVANNA SOLID WASTE AUTHORITY www.rivanna.org RIVANNA WATER & SEWER AUTHORITY MEMORANDUM TO: THE HONORABLE CHARLOTTESVILLE CITY COUNCIL FROM: BILL MAWYER, EXECUTIVE DIRECTOR RIVANNA WATER & SEWER AUTHORITY RIVANNA SOLID WASTE AUTHORITY SUBJECT: QUARTERLY UPDATE DATE: APRIL 2021 This quarterly update is to provide general information on the drinking water supply and treatment, wastewater collection and treatment, and solid waste programs managed by the Rivanna Authorities, as follows: 1. The production of drinking water for the Urban area (Charlottesville and adjacent developed areas of Albemarle) averaged 8.06 million gallons per day (mgd) in February 2021, which was slightly below the five-year average for February (8.41 mgd), as shown by the following graph: Page 81 of 103 2. Urban wastewater flow for February 2021 (11.54 mgd), including flows from Crozet, was very close to the five-year average for February (11.68 mgd), as shown by the following graph: 3. A general overview of significant current and upcoming Capital Improvement projects is provided below. Costs for these projects are typically shared between the City (48%) and the Albemarle County Service Authority (52%). A. Water Treatment Plant Improvements Scope: Replace equipment which has reached end-of-service life at the South Rivanna and Observatory Water Treatment Plants. Increase water treatment capacity from 7.7 to 10 million gallons per day at the Observatory Water Treatment Plant. Completion: 2020 - 2023 Cost: $43 million B. Sugar Hollow Dam – Gate Replacement and Intake Tower Repairs Scope: Replace the inflatable rubber device that sits on top of the concrete dam and regulates the normal water level in the reservoir. The gate is over 20 years old, and has reached the end of its service life. Concrete repairs will be made on the intake tower. Completion: October 2020 – July 2021 Cost: $1.7 million C. Exterior Lighting Improvements, Moores Creek Wastewater Treatment Facility Scope: Replace exterior lighting fixtures and poles on the 80 acre facility to improve safety and compliance with Albemarle County lighting requirements. Completion: April 2021 – February 2022 Cost: $0.9 million D. South Rivanna to Ragged Mountain Reservoir Pipeline Scope: Acquire easements and construct a pipeline to transfer untreated water between the South Rivanna and Ragged Mountain reservoirs, as required by the Community Water Supply plan completed in 2012. 2 Page 82 of 103 Completion: 2027 - 2033 Cost: $80 million: 80% ACSA / 20% City E. Ragged Mountain Reservoir to Observatory Water Treatment Plant Water Pipeline and Pump Station Scope: Replace two untreated water pipelines which have been in service for more than 70 and 110 years, respectively. Replace two water pump stations which have exceeded their service lives or will require significant upgrades to adequately support the treatment capacity of the upgraded Observatory Water Treatment Plant. Completion: 2023 - 2027 Cost: $24 million F. Urban Area “Central” Waterline Scope: Water piping improvements to increase capacity and maintain pressure in the urban drinking water system. Preliminary planning for this 5 mile long piping project indicates the new pipe will be located in streets south of the city’s center. Completion: 2023 - 2027 Cost: $13 M G. Upper Schenks Branch Wastewater Piping Replacement, Phase II Scope: Replace sewer piping installed in the mid 1950’s in conjunction with the City’s sewer upgrade program to increase system capacity. The new underground piping would be located near McIntire Road. Completion: TBD Cost: $4 million: 100% City 4. The recycling program at the McIntire Recycling Center (MRC) and the Paper Sort processing facility continues to be a very popular service for our community. Tonnage from mixed paper, cardboard (including pizza boxes), glass, plastics, metals, compostable food waste and cooking oil continues to increase, as shown below: 3 Page 83 of 103 A. Collection of oyster shells was added to our services at the MRC in 2019. As one of the Environmental Stewardship tactics in our Strategic Plan, our staff will bag oyster shells collected at the MRC and transport them to the VCU Rice Center located in Charles City, VA for reseeding with oyster larvae and placement in the Chesapeake Bay. Oysters reportedly can filter 50 gallons of water each day. Additional information about this program is available at https://ricerivers.vcu.edu/. 5. By increasing the number of days/week the Ivy Transfer Station is open and lowering the disposal fee from $66/ton to $52/ton, refuse volume has increased from 85.96 tons per day in March 2019 to 132.31 tons per day in March 2021, as shown below: 6. Southern Convenience Center Planning is underway for a recycling and bagged residential refuse collection center to be located in southern Albemarle County. Completion: January - August 2022 Cost: $1.1 million: 100% County Please let me know if you have any questions. cc: RSWA Board of Directors RWSA Board of Directors 4 Page 84 of 103 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA MEMO Agenda Date: April 19, 2021 Action Required: Public Hearing; Approval of Resolution Presenter: Lisa Robertson, Chief Deputy/ Acting City Attorney Staff Contacts: Lisa Robertson Title: Lease of First Amendment Monument (Community Chalkboard) to The Bridge Progressive Arts Institute Background: In 2005, the City of Charlottesville leased a portion of the Downtown Mall in front of City Hall to the Thomas Jefferson Center for the Protection of Free Expression (“TJ Center”) for the purpose of authorizing the installation of a monument celebrating the First Amendment. The lease gave the TJ Center control of slightly over 120 square feet of the Downtown Mall, including the First Amendment Monument (a/k/a Community Chalkboard) and required the TJ Center to maintain the monument. In 2019, the TJ Center wound up its operations and donated most of its assets to the University of Virginia’s School of Law. As it concluded its operations, rather than remove the monument (as required by its lease) the TJ Center located a new organization interested in taking charge of it. Discussion: The Bridge Progressive Arts Institute (hereinafter “Bridge”) desires to assume responsibility for the Community Chalkboard, under terms similar to those of the TJ Center’s lease. A copy of the proposed lease to the Bridge is attached to this Agenda Memo. The lease is for a five-year term. The Bridge agrees to repair and maintain the First Amendment Monument, including a weekly cleaning. The Bridge will maintain a $1,000,000 liability insurance policy. The Bridge reserves the right to conduct up to six of its own special events within the leased area each calendar year. The Bridge will be required to obtain a Special Events permit from the City, if required by the City’s Special Events regulations. On a day-to-day basis, the general public will continue to have a right of access to use the leased premises, and to use chalk to write messages on the First Amendment Monument. Budgetary Impact: None. Page 85 of 103 Alternatives: The Council could decline to adopt the Resolution. Attachments: (1) Resolution (2) Proposed Lease Recommendation: Approval. Suggested Motion: “I move to adopt the Resolution to Approve a Lease of the First Amendment Monument (Community Chalkboard) and related premises to the Bridge Progressive Arts Institute.” Page 86 of 103 RESOLUTION TO APPROVE A LEASE OF THE FIRST AMENDMENT MONUMENT (“COMMUNITY CHALKBOARD”) AND RELATED PREMISES TO THE BRIDGE PROGRESSIVE ARTS INSTITUTE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE that, having conducted a public hearing on the proposed lease of approximately 121 square feet of land on the Downtown Mall, in front of City Hall, to the Bridge Progressive Arts Institute (inclusive of all monuments, structures and improvements therein located) this Council hereby approves the proposed lease, upon the terms and conditions set forth within the lease agreement presented to this Council for consideration on April 19, 2021. The City Manager is hereby authorized to execute the Lease on behalf of the City. Page 87 of 103 LEASE THIS LEASE made this ____ day of ____________, 2021 by and between THE CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation and political subdivision of the Commonwealth of Virginia ("Lessor") and The Bridge Progressive Arts Initiative, a private, non- profit institution organized pursuant to the Virginia Nonstock Corporation Act on January 2, 1990 ("Lessee"). WITNESSETH: WHEREAS, the Lessor is the owner of the premises that are the subject of this Lease, which premises include an existing concrete and slate monument commonly referred to either as the First Amendment Monument or the Community Chalkboard ("Leased Premises"); and WHEREAS, the Lessee’s mission is to bridge diverse communities through the arts, and Lessee desires to lease the Leased Premises for the purpose of operating and maintaining the existing Community Chalkboard in furtherance of its mission to provide charitable services to residents of the City of Charlottesville; and WHEREAS, the parties desire to enter into a formal, written agreement specifying their respective obligations and responsibilities relative to the Leased Premises and the structures and improvements located therein; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: §I . THE PREMISES Lessor agrees to lease and Lessee agrees to rent an area of the Downtown Mall located in front of City Hall, containing approximately l21 square feet, in the location identified on the drawing attached hereto as "Exhibit A" ("Leased Premises"), together will all structures and improvements located on and within said Leased Premises. [Note: the referenced exhibit will be attached prior to signatures] §2. LEASE TERM (A) Term. This Lease shall be for a term of five (5) years, commencing on the date as of which the Charlottesville City Council adopts a Resolution approving this Lease ("Commencement Date"). One or more successive lease term(s) may be approved by mutual agreement of the parties, in the same manner as this Lease, as indicated by subsequent resolution(s) of the Charlottesville City Council. (B) Termination by Lessor Upon Default. At any time, upon a material breach of this Lease by the Lessee, the Lessor may give written notice to the Lessee setting forth the nature of the breach, requesting cure within ten (10) calendar days from the date of the notice, and notifying the Lessee that a failure to cure within the 10-day period shall entitle the Lessor to immediate termination of this Lease. If the Lessee fails within the 10-day period to initiate a cure, or to diligently prosecute the cure to completion, the Lessor shall be entitled to terminate this Lease. (C) Termination for Convenience. Each party shall have the right to terminate this Lease for its convenience, after first giving one hundred eighty (180) days’ advance written notice to the other party. §3. RENT Page 88 of 103 Lessee shall pay to Lessor the sum of One Dollar ($1 .00) per annum, payable in advance, on or before the Commencement Date, for the entire five-year initial term. §4. REAL ESTATE TAXES During the term of this lease, Lessee shall pay real estate taxes, if any, assessed or imposed on the Leased Premises by governmental authority. §5. USE OF PREMISES (A) The purpose of this Lease is to allow the Lessee to operate, repair and maintain the Community Chalkboard, and to allow the Lessee to conduct a certain number of events within the Leased Premises, as set forth within Section 5(D), below. The Lessee shall not use the Leased Premises for any other purpose without the prior written consent of the Lessor. (B) Lessee shall repair and maintain the Community Chalkboard; however, Lessee shall not alter its design, appearance, materials of construction, or structure without the advance approval of both the City’s Board of Architectural Review and City Council. Throughout the Lease Term, the Community Chalkboard shall be maintained as a concrete wall covered with panels of slate, which will serve as a board on which visitors may write using chalk only, along with a slate panel on which the First Amendment will be inscribed and a lectern or podium. (C) Lessee shall be responsible for erecting and maintaining appropriate sign(s), in compliance with City ordinances regulating signs. Any signs erected within the Leased Premises will be consistent with the concept of the Community Chalkboard, and at least one sign will identify the purpose, means, manner in which the public is intended to use the monument. (D) Lessee may conduct events within the Leased Premises to facilitate individuals’ exposure to diverse speech and creative expression, and/ or to advance the mission of Lessee’s organization; however, Lessee shall be limited to six (6) events per calendar year for which the City’s Special Events Regulations require a permit. At least thirty (30) days prior to any event to be conducted within the Leased Premises, Lessee shall contact the City’s Special Events Coordinator to inquire whether or not a permit will be required and to give the City advance notice that an event is planned to take place. All of Lessee’s events will be scheduled so as not to conflict with any events conducted within the nearby Pavilion, by the Lessee of the Charlottesville Economic Development Authority pursuant to a separate lease dated September 20, 2004. If the Lessee wishes to use amplified sound in connection with any event, Lessee will comply with the limits established in Charlottesville City Code Section 16- 10(a), (b) and (d). If Lessee proposes to serve alcoholic beverages at an event, the Lessee shall obtain a special events permit from the City and shall also be solely responsible for obtaining all approvals, licenses or permits required by the Commonwealth of Virginia. (E) The Lessee shall offer a telephone number at which Lessee may be contacted, and a location at which electronic messages can be sent to Lessee, each of which shall be posted prominently on a sign within the Leased Premises. The purpose of these means of communication are to enable members of the public to contact the Lessee with questions or complaints regarding the use or maintenance of the Community Chalkboard. The Lessee shall promptly handle and respond to such contacts and inquiries and shall not refer them to the Lessor. Nothing in this paragraph shall preclude Lessee’s representative from contacting Lessor’s representative to obtain information necessary for Lessee to respond to an inquiry or complaint. (F) The Lessee shall repair and maintain the Community Chalkboard throughout the Term of this Lease, at its sole expense. Lessor shall be under no obligation to make any repairs or to perform any Page 89 of 103 maintenance of the Community Chalkboard. Lessee shall at all times keep and maintain the Leased Premises and the Community Chalkboard in good order, condition, appearance and repair. The Lessee shall be solely responsible for maintaining the Leased Premises, the Community Chalkboard, and other structures and appurtenances within the Leased Premises free and clear of conditions that may constitute a hazard to persons visiting the Leased Premises. Lessor shall be responsible for repairing any brick pavers within the Leased Premises, and shall have a right of entry to the Leased Premises for the purpose of making such repair. Lessor shall coordinate its entry with Lessee’s representative, in advance. Upon discovering a brick paver that requires repair, Lessee shall promptly notify Lessor’s representative. (1) The Lessee shall keep all of the Leased Premises clean and free of rubbish, trash, litter, waste paper and filth. (2) The Lessor shall have no obligation or responsibility to repair or replace the Community Chalkboard or any related improvements within the Leased Premises, in the event they are damaged or destroyed by fire or other casualty, or any act of vandalism. (3) At least once per week, Lessee shall clean Community Chalkboard. This weekly maintenance shall include, without limitation: washing/ wiping all slate surfaces to render them clean and free of all chalk or other markings, removal of flyers and posters, no less frequently than once per week. Within twenty- four (24) hours of discovering any damage to the Community Chalkboard (e.g. chipped concrete or slate; surface defacement, such as marks made by non-chalk materials such as spray paint; etc.) Lessee shall initiate action to repair and restore the Community Chalkboard to its condition prior to the damage or defacement, and the Lessee shall diligently pursue such action so that it will be completed within a reasonable time. The Lessee will be allowed courtesy access to the Lessor’s water source at no charge for the purposes of the weekly maintenance and cleaning. (G) Electricity. The Lessee will be responsible for payment of any electricity charges incurred by the City as a result of Lessee’s use of electrical outlets within the Leased Premises or any nearby City building or facility. Upon presentation by the City of a bill for electricity charges, Lessee shall promptly remit payment to the City. §6. SURRENDER Upon the expiration or earlier termination of this Lease, Lessee shall quit and surrender the Leased Premises to the Lessor in good order and condition, free of the Community Chalkboard and all related structures and improvements. Lessee shall be solely responsible for the full cost of demolition, removal and disposal of debris. In the event that the Lessee fails to satisfy this obligation within 30 days after the date on which the Lease expires or is terminated, Lessor shall be entitled to remove and dispose of the Community Chalkboard and all related improvements, and to recover from Lessee all costs and expenses incurred by Lessor to restore the Leased Premises; upon receipt of an invoice from the City therefor, Lessee shall remit payment to the City within thirty (30) days of the date of the invoice. Notwithstanding the foregoing: (A) If the Lessee terminates the Lease pursuant to Sections 2(B) or 2(C) of this Lease, Lessee shall also restore the pavement within the Leased Premises as nearly as possible to the condition of the adjacent pedestrian sidewalk or plaza, using materials and plans approved in advance by the Lessor’s Representative; Page 90 of 103 (B) If the Lease Term expires pursuant to Section 2(A) of this Lease and there is no mutual agreement for an additional Lease Term, Lessor shall be responsible for fifty percent of the total costs incurred by the Lessee to remove the Community Chalkboard, related structures and improvements; or (C) If the Lease Term expires pursuant to section 2(A) after Lessor has given notice of its intention not to enter into a subsequent Lease term, Lessor shall be responsible for the full cost of removal and disposal of the Community Chalkboard and all related improvements. §7. INSURANCE Prior to the Commencement Date, Lessee shall obtain and thereafter, Lessee shall maintain throughout the Lease Term, at no cost or expense to the Lessor, a public liability insurance policy (including premises liability) covering bodily injury and property damage arising out of or in connection with public use of the Leased Premises, the Community Chalkboard and related structures and improvements, including, without limitation, any accidents occurring within in or about the Leased Premises. Coverage shall be provided in an amount no less than one million dollars $1,000,000, combined single limit. Lessee may at any time during the term of the Lease request the Lessor to consider lowering the required coverage amount; upon receipt of such a request the Lessor will in good faith review the required coverages with its own liability insurance provider, but Lessor shall not be obligated to approve a reduction. The Lessee's insurance policies shall name, or be endorsed to name, the Lessor, its officials, officers and employees, as additional insured parties. Upon commencement of this Lease, and upon each anniversary of the Commencement Date thereafter, Lessee shall provide the City with written documentation, satisfactory to the City, verifying the required insurance coverage. §8. INDEMNIFICATION OF LESSOR Lessee shall reimburse the Lessor for, and shall indemnify and hold Lessor, its officials, officers and employees, harmless from and against all costs, damages, claims, liabilities, expenses (including reasonable attorneys' fees). losses and court costs suffered by Lessor based on or arising out of (i) the use and occupancy of the Leased Premises by Lessee; (ii) any negligent act or omission of Lessee: and (iii) any breach of Lessee's obligations under this Lease, including failure to surrender and restore the Leased Premises upon the expiration or earlier termination of the Lease. §9. ASSIGNMENT AND SUBLEASE Lessee’s obligations under this Lease may not be assigned or transferred, and the Leased Premises may not be subleased, either in whole or in part, except with the Lessor's prior written approval. §10. PARTIES’ DESIGNATED REPRESENTATIVES (A) Lessor’s designated representative, for purposes of all notices and communications required by this Lease, shall be the City’s Director of Parks and Recreation. U.S.P.S. Mailing Address: P.O. Box 911, Charlottesville, Virginia, 22902. Telephone: 434-970-3260. Currently, the Director is Todd Brown (email: brownt@charlottesville.gov ). The City’s Special Events Coordinator is an employee of the Department of Parks and Recreation; contact information is available on the City of Charlottesville website (currently: https://www.charlottesville.gov/460/Special-Event-Permits ) (B) Lessee’s designated representative, for purposes of all notices and communications required by this Lease, shall be Lessee’s Director. U.S.P.S. Mailing Address: 209 Monticello Road, Charlottesville, Virginia, 22902. Telephone: 434-218-2060. Currently the Director is Alan Goffinski (email: director@thebridgepai.org ). §11. MISCELLANEOUS Page 91 of 103 (A) Integration. The provisions of this Lease contain represents the entire and integrated agreement between the Lessor and Lessee as to the Leased Premises and the structures and improvements located therein. The provisions of this Lease supersede all prior agreements, representations or understandings, written or oral, between the parties with respect to any of the matters set forth herein. (B) Modifications. This Lease may be amended only by written instrument signed by both the Lessor and Lessee and approved by Resolution of the Charlottesville City Council. (C) Severability. If any provision of this Lease, or the application thereof, is determined to be invalid or unenforceable, all other provisions shall remain valid and enforceable. (D) Waiver. No provision of this Lease shall be waived except by written agreement of the parties. No waiver agreed to on one occasion shall be deemed a waiver of that provision as to any other or subsequent occasion, unless otherwise specifically stated in writing. No waiver of any provision shall affect or alter any other provisions of this Lease. No failure of the Lessor to insist upon strict compliance by the Lessee with any provision of this Lease shall operate to release, discharge, waive, modify, change or affect any of the Lessee's obligations hereunder. E. Binding Effect. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have caused this Lease to be executed, and each party represents and warrants that the undersigned individual whose signature appears on its behalf has been duly authorized to bind said party to the agreements and obligations set forth herein: LESSOR: THE CITY OF CHARLOTTESVILLE, VA By: __________________________ Date: _______________________ Its: City Manager Authorized by City Council Resolution (4/19/2021) LESSEE: THE BRIDGE PROGRESSIVE ARTS INSTITUTE By: __________________________ Date: ________________________ Its: Director APPROVED AS TO FORM: Office of the City Attorney, By: _____________________ Page 92 of 103 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: April 19, 2021 Action Required: Adoption of Ordinance on First Reading by 4/5 Vote Presenter: Lisa Robertson, Chief Deputy/ Acting City Attorney Staff Contacts: Charles P. Boyles, II, City Manager; Lisa Robertson; Brian Wheeler Title: Updated Continuity of Government Ordinance (For the period 4/19/2021 through 10/19/2021) Background: The City Council has authorized actions necessary to address the COVID-19 Pandemic using various legal processes and procedures. (1) Local Public Health Ordinance, as authorized by City Charter §14(5). Over the course of the past year, the City has maintained a special local ordinance establishing more restrictive requirements, in some regards, than those set out in the Governor’s Executive Orders (“Local Public Health Ordinance”). Separately, on your 4/19/2021 agenda you are also considering an ordinance that would repeal your Local Public Health Ordinance, in favor of following the restrictions and guidelines within the Governor’s Executive Orders. (2) Continuity of Government Ordinance, as authorized by Virginia Code §15.2-1413. The Proposed Continuity of Government Ordinance attached to this Agenda Memo allows City Council to authorize actions that it deems necessary to assure continuity of government during the continuing state of disaster that has been declared at state and local levels. (A continuity of Government Ordinance (CGO) may not continue in effect for longer than six (6) months at a time. Originally City Council adopted the CGO on March 25, 2020 (#O-20-049) and amended and extended it on September 8 (#O-20-117) and October 19, 2020 (#O-20-135)). The previously Page 93 of 103 enacted CGO will expire if you do not reenact it on your 4/19/2021 agenda. (3) Other Ordinances and Resolution(s). a. Resolution #R20-035 (3/12/2020) authorizing the City Manager to Declare a Local Emergency. (On that same date, the City Manager, in his capacity as Director of Emergency Management, issued the Public Safety Order that serves as the actual Declaration). b. Resolution #R-20-045 (3/16/2020) granting the Haven permission to operate without regard to certain zoning (special use permit) conditions until such time as City Council discontinues the local state of emergency. c. #O-20-047 (3/16/2020): Ordinance Extending Mandatory Review Periods Discussion: Under Virginia Code §44-146.21 the City’s locally-declared state of emergency will continue in effect until City Council determines, in its judgment, that “all emergency actions have been taken.” So long as the locally declared state of emergency/ disaster continues, Va. Code §15.2-1413 authorizes City Councilto enact an ordinance that provides a method to assure continuity in local government operations (with resumption of normal government operations by the end of a six-month period)—notwithstanding any contrary provision of [state] law, general or special. Since the local COVID-19 emergency/ disaster continues, City Council must also re-enact a CGO for another 6-month period if it wishes to allow actions to be taken to protect City employees and members of the public during their day-to-day interactions. The CGO primarily deals with how public meetings may take place, extension of mandatory deadlines, and fees for City-owned areas used by businesses as outdoor cafés. The attached proposed Ordinance brings the various ordinances enacted by Council into one integrated CGO that will be effective for up to 6 months after its adoption. Relative to the outdoor café spaces, the attached proposed Ordinance would extend the fee reduction through October 2021. The attached ordinance authorizes public meetings to continue to occur only via electronic means for so long as the locally declared state of emergency continues. Alignment with Council Vision Areas and Strategic Plan: N/A Community Engagement: N/A Budgetary Impact: N/A Recommendation: We recommend adoption of the attached Continuity of Government Ordinance, to be effective through October 19, 2021 unless City Council sooner determines that the local disaster/ emergency declaration can be terminated because all emergency actions have been taken. Alternatives: None of which staff is aware at this time. Attachment (1): Proposed Continuity of Government Ordinance Page 94 of 103 ORDINANCE TO ASSURE CONTINUITY OF GOVERNMENT DURING THE COVID-19 PANDEMIC DISASTER BY ENACTING TEMPORARY CHANGES IN CERTAIN DEADLINES, MODIFYING PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES, AND AUTHORIZING OTHER EMERGENCY ACTIONS NECESSARY TO ASSURE SAFE AND EFFICIENT GOVERNMENT OPERATIONS WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty-One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) pandemic; and WHEREAS, the Governor’s Executive Order Fifty-One acknowledged the existence of a public health emergency which constitutes a disaster, as defined by Virginia Code § 44-146.16, arising from the public health threat presented by a communicable disease anticipated to spread, and this public health emergency continues to be recognized as an emergency and a disaster through the Governor’s Fourth Amended Executive Order Seventy Two and Order of Public Health Emergency Nine (March 23, 2021, made effective April 1, 2021); and WHEREAS, the Governor’s Executive Orders order implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waive “any state requirement or regulation” as appropriate; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and WHEREAS, by Public Safety Order dated March 12, 2020, the City Manager/ Director of Emergency Management declared a state of local emergency based a threat to the public Page 95 of 103 health and safety of the residents of Charlottesville resulting from the communicable and infectious COVID-19 virus, which threat was and continues to be an emergency as defined in Virginia Code § 44-146.16; and WHEREAS, the Council finds that the COVID-19 virus constitutes a real, substantial and continuing threat to public health and safety and constitutes a “disaster” as defined by Virginia Code §44-146.16, said virus being a “communicable disease of public health threat;” and WHEREAS, by Ordinance # O-20-135 City Council amended and extended its continuity of government ordinance previously enacted by Council on March 25, 2020, as amended and re-enacted on September 8, 2020 and October 19, 2020, and City Council now desires to amend and re-enact its continuity of government ordinance to address the needs of City government operations as anticipated during the next six months; WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary provision of law, a locality may, by ordinance, provide a method to assure continuity of government in the event of a disaster for a period not to exceed six months; and WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of City Council may convene solely by electronic means to address the emergency; and WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act (“FOIA”) allow properly claimed exemptions provided under either under that Act or any other statute; and Page 96 of 103 WHEREAS, The Attorney General of Virginia issued an opinion dated March 20, 2020 stating that localities have the authority during disasters to adopt ordinances to ensure the continuity of government; and WHEREAS, this Ordinance is enacted in response to the disaster caused by the COVID- 19 pandemic; it promotes public health, safety and welfare and is consistent with the laws of the Commonwealth of Virginia, the Constitution of Virginia and the Constitution of the United States of America. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia: 1. THAT the continuing COVID-19 pandemic makes it unsafe for public bodies to conduct their meetings in accordance with normal practices and procedures, because such practices and procedures require the physical presence of members of a public body and members of the public within the same room and meeting facilities may not allow adequate measures to be taken in accordance with public health requirements and guidelines. For the purposes of this Ordinance the term “public body” means the City Council, and every board, commission, or agency of the City of Charlottesville, including any committee, subcommittee, or other entity, however designated, created by City Council to perform delegated functions of City Council or to advise the City Council (each, individually, a “Public Body”); and 2. THAT in accordance with Virginia Code § 15.2-1413, and notwithstanding any contrary provision of law, general or special, the following emergency procedures are adopted to ensure the continuity of the City government during the continuing COVID-19 emergency and disaster: Page 97 of 103 a. Any meeting or activities which normally would require the physical presence of a quorum of members of a Public Body may be held only through real time electronic means (including audio, telephonic, video or other practical electronic medium) without a quorum physically present in one location, and b. The City Manager is hereby authorized to restrict the number of electronic meetings each Public Body may conduct each calendar month, based on the capacity and availability of the City staff who are capable and qualified to support the meeting to ensure compliance with this Ordinance, and c. Prior to holding any such electronic meeting, the Public Body shall provide public notice of at least 3 days in advance of the electronic meeting identifying how the public may participate or otherwise offer comment, and d. Any such electronic meeting of a Public Body shall state on its agenda the location at which members of the public can obtain information as to the means by which the public may access and participate in such electronic meeting, and e. Any such electronic meeting of a Public Body shall be open to electronic participation by the public and closed to in-person participation by the public, and each electronic meeting shall be conducted in a manner designed to maximize public participation, and f. A video recording of all electronic meetings shall be made available on the City’s website within 3 business days following each electronic meeting, and g. With respect to any matter which requires a public hearing, the public hearing may be conducted by an open public comment period called for during an electronic meeting, as well as by submission of written comments to the Clerk of City Council prior to, during and for five (5) business days after the electronic meeting. Notice of the public hearing Page 98 of 103 shall be posted on the City’s website at least 5 business days prior to the date of the public hearing. h. The minutes of all electronic meetings shall conform to the requirements of law, shall identify how the meeting was conducted, the identity of the members participating, and shall specify what actions were taken at the meeting. A Public Body may approve minutes of an electronic meeting at a subsequent electronic meeting; and i. Any provision of Va. Code §2.2-3708.2 requiring the Public Body’s approval of electronic participation due to a member’s personal matter or medical condition shall not apply for the duration of the local emergency declaration. 3. THAT the following fees relating to use of City property are adjusted: a. The café permit fee assessed pursuant to Charlottesville City Code Sec. 28-214(c) be and hereby is waived for the months of March and April 2020, and b. The café permit fee assessed pursuant to Charlottesville City Code Sec. 28-214(c) be and hereby is reduced by fifty percent (50%) for the months of May through December 2020 and the months of January through October 2021, and c. The City Manager may grant a credit to any café permit holder who paid the full amount of its café permit fees during any of the months referenced in 3.a or 3.b, above, said credit to be calculated in accordance with 3.a and 3.b, above and applied within a permit year designated by the City Manager, and d. The rental fee assessed pursuant to Charlottesville City Code Sec. 28-5 and City Council’s approved fee schedule (fees for City parking spaces used for outdoor dining) Page 99 of 103 shall be reduced by fifty percent (50%) for the months of May through December of 2020 and January through October of 2021. IT IS FURTHER ORDAINED THAT, notwithstanding any provision of law, regulation or policy to the contrary, any deadlines requiring action by a Public Body or any City officers (including Constitutional Officers) or City employees, within a period of 60 or fewer days, shall be suspended during this emergency and disaster. The Public Bodies, and the City’s officers and employees, are encouraged to take all such action as is practical and appropriate to meet those deadlines; however, failure to meet any such deadlines shall not constitute or be deemed to be a default, violation, approval, official recommendation or other action. IT IS FURTHER ORDAINED THAT any scheduled non-emergency public hearings and action items of a Public Body may be postponed to a date certain if, in the judgment of the Public Body, it would be in the best interests of the public to do so, provided that public notice is given so that the public are aware of how and when to present their views. IT IS FURTHER ORDAINED THAT this Ordinance shall not operate to preclude any authority whose governing board is appointed by this City Council from making its own decisions and rules regarding the conduct of its meetings either electronically or by means of having a quorum physically assembled, so long as those meetings are in compliance with applicable Executive Orders of the Governor of Virginia and any local ordinance which may be enacted by this Council to impose restrictions necessary to prevent the spreading of the COVID- 19 virus within the City of Charlottesville; however, any such authority may also elect to conduct its meetings electronically as a Public Body within the purview of this Ordinance. IT IS FURTHER ORDAINED THAT actions authorized by this Council within Resolution # R-20-045 (special zoning accommodations for The Haven), or within any Page 100 of 103 ordinance(s) provided to facilitate the safe conduct of elections within the City of Charlottesville, are hereby ratified and continued, in accordance with the terms set forth in said Resolution or ordinances. IT IS FURTHER ORDAINED THAT the continuity of government ordinance adopted on March 25, 2020, as amended and re-enacted on September 8, 2020 and October 19, 2020, is hereby repealed. IT IS FURTHER ORDAINED THAT a continuing emergency exists, and the City Manager’s Declaration of a local emergency, authorized by resolution of this City Council on March 12, 2020 (#R-20-035) remains in effect; the various actions referred to within this Ordinance are necessary to be taken to address the emergency, and this Ordinance shall be effective immediately upon its adoption. IT IS FURTHER ORDAINED THAT pursuant to Charlottesville City Code §2-96, by a four-fifths vote of City Council, this Ordinance is enacted on the date of its introduction, and this Ordinance shall remain in full force and effect until midnight on October 20, 2021 unless City Council sooner: (i) adopts an ordinance to repeal this Ordinance and to end the locally- declared emergency, or (ii) adopts an ordinance to amend and re-enact this Ordinance, as may be necessary to authorize actions necessary to address the state of emergency continuing beyond October 19, 2021. Page 101 of 103 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: April 19, 2021 Action Required: Appropriation of Funding Presenter: RaShall Brackney, Police Chief Charlottesville Police Department Staff Contacts: RaShall Brackney, Police Chief Charlottesville Police Department Title: House Bill 5005, Item 408 #1c: Public Safety and Homeland Security, Department of Criminal Justice Services – Local Police Department Funding - $67,913 Background: The City of Charlottesville Police Department has received $67,913 from the Department of Criminal Justice as designated by HB5005, Item 408 #1c: Public Safety and Homeland Security to be used for recruitment and retention. No local match is required. Discussion: During the 2020 Special Session of the General Assembly, Item 408 #1c was approved in conjunction with HB5005. The approval calls for funds appropriated to be distributed by the Department of Criminal Justice Services to local police departments statewide based on their respective percentage shares of the most recent headcount of sworn law enforcement officers employed by each local police department. These funds shall be used for the purpose of attracting and retaining the most qualified local police department sworn personnel and support costs associated with criminal justice reform. A $500 allotment will be provided to each officer. The City of Charlottesville received this funding on January 11, 2021. Alignment with City Council’s Vision and Strategic Plan: This funding will support Goal 2 of the Strategic Plan, to be a safe, equitable, thriving, and beautiful community. It specifically supports Goal 2.1, to provide an effective and equitable public safety system. Community Engagement: N/A Budgetary Impact: This has no impact on the General Fund. These funds do not require a City match and have already been dispersed by the Department of Criminal Justice Services. Recommendation: Staff recommends approval and appropriation of state funding. Alternatives: Appropriation approval could be denied. Attachment(s): Appropriation: HB5005 (Conference Report) Bill Order – Item 408 #1c Page 102 of 103 APPROPRIATION House Bill 5005, Item 408 #1c: Public Safety and Homeland Security, Department of Criminal Justice Services – Local Police Department Funding $67,913 WHEREAS, the City of Charlottesville has received $67,913 from the Department of Criminal Justice as designated by HB5005, Item 408 #1c: Public Safety and Homeland Security to be used for recruitment and retention. NOW, THERFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $67,913 hereby be appropriated as follows: Revenues - $67,913 Fund: 105 Cost Center: 3101004000 G/L Account: 430030 Expenditures - $67,913 Fund: 105 Cost Center: 3101004000 G/L Account: 510150 Page 103 of 103