CITY COUNCIL AGENDA Members Nikuyah Walker, Mayor June 21, 2021 Sena Magill, Vice Mayor Heather D. Hill Michael K. Payne J. Lloyd Snook, III Kyna Thomas, Clerk 5:30 p.m. Closed session as provided by Sections 2.2-3711 and 2.2-3712 of the Virginia Code (Boards and commissions) Virtual/electronic meeting 6:30 p.m. Regular Meeting Register at www.charlottesville.gov/zoom. Virtual/electronic meeting in accordance with a local ordinance amended and re-enacted April 19, 2021, to ensure continuity of government and prevent the spread of disease during a declared State of Emergency. 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 BOARD/COMMISSION APPOINTMENTS CONSENT AGENDA* 1. Minutes: April 19 work session, closed and regular meetings, May 3 closed and regular meetings, May 25 work session 2. Resolution: Appropriating trail fund contribution from Milestone Partners for Meadow Creek Trail - $12,043 (2nd reading) 3. Resolution: Appropriating Virginia Department of Motor Vehicles Highway Safety Grant funds_Alcohol and Impaired Driving - $9,453 (2nd reading) 4. Resolution: Appropriating funds from the Edward Byrne Memorial Justice Assistance Grant (JAG) - $23,056 (2nd reading) 5. Ordinance: Amending and reordaining Charlottesville City Code Chapter 15, Article II, Section 15-39 (Motor Vehicles and Traffic) regarding Electric Power- assisted Bicycle License (2nd reading) 6. Ordinance: Amending and reordaining Charlottesville City Code Chapter 31 (Utilities) to establish new Utility Rates and Service Fees for City gas, water and sanitary sewer (2nd reading) 7. Resolution: Appropriating funds for COVID Homelessness Emergency Response Program (CHERP) Grant Amendment - $201,120 (1st of 2 readings) 8. Resolution: Appropriating funds Charlottesville Student Victim Outreach Program Department of Criminal Justice Services Victim of Crimes Act Grant - $343,371 (1st of 2 readings) Page 1 of 141 9. Resolution: Appropriating funds for Department of Justice Office of Justice Programs Grant for Charlottesville Albemarle Family Treatment Court Program Expanded Services - $827,973 (1st of 2 readings) 10. Resolution: Appropriating funds for FY21 Virginia Department of Criminal Justice Services Body-worn Camera Grant - $100,000 (1st of 2 readings) 11. Resolution: Approving the donation of a 1948 American LaFrance fire engine to the Charlottesville Professional Firefighters Association (1 reading) 12. Resolution*: Climate Protection Program and Local Energy Alliance Program (LEAP) service agreement a. Resolution: Reallocating previously appropriated funds in the Gas Fund, Environmental Sustainability Cost Center to the Local Energy Alliance Program for support to the Climate Protection Program - $44,718 (1 reading) b. Resolution: Establishing a Memorandum of Understanding between the City and the Local Energy Alliance Program (LEAP) for grant funds to support the Climate Protection Program and promote energy performance improvements (1 reading) 13. Resolution: Approving the Albemarle Housing Improvement Program Contingency Plan FY 2021-2022 Minor Annual Action Plan Amendment (1 reading) CITY MANAGER RESPONSE TO COMMUNITY MATTERS and to COUNCILORS 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). 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 14. Public Approving a lease of City property to the Virginia Discovery Museum, Inc. (1 Hearing/Res.: reading) 15. Public Appropriating FY 2021 Supplemental Federal Funding for Transit Capital Hearing/Res.: and Operating Assistance - $5,038,344 (1st of 2 readings) 16. Resolution: Appropriating funds for Conscious Capitalist Foundation Peace in the Streets Program off-cycle budget request - $50,000 (1st of 2 readings) 17. Resolution: Appropriating funds for Conscious Capitalist Foundation - $50,000 (1st of 2 readings) GENERAL BUSINESS OTHER BUSINESS and QUESTIONS FOR CITY MANAGER FOLLOW-UP MATTERS BY THE PUBLIC *Action Needed Page 2 of 141 Page 3 of 141 CHARLOTTESVILLE CITY COUNCIL WORK SESSION April 19, 2021 Virtual/electronic meeting via Zoom 4:00 PM WORK SESSION Pursuant to Virginia Code Section 2.2-3712, the Charlottesville City Council met in work session on Monday, April 19, 2021, to hear reports. The meeting was held electronically pursuant to local ordinances to ensure the continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Walker called to order at 4:02 p.m. and Clerk of Council Kyna Thomas called the roll, noting the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne, and Lloyd Snook. REPORTS 1. Report: City Monthly Financial Report Ryan Davidson, Senior Budget and Management Analyst, presented the monthly financial report for the City of Charlottesville for period ending March 31, 2021. 2. Report: Charlottesville Area Alliance Annual Report and Action Plan Marta Keane, CEO, presented the Charlottesville Area Alliance Annual Report. She noted that Charlottesville was recognized as a Key Community for AARP, allowing access to more resources to reach goals for supporting the elderly population. Ms. Keane shared feedback from older citizens. Some positive feedback was that Charlottesville is a good community in which to age. Some feedback about areas for improvement included: - Seniors do not feel socially included in the community. - There is not enough affordable housing - Transportation is a big issue as many are not able to live near services. She shared that May is Older Americans Month. She answered Council questions about the action plan and advised of a need to spread the goals over a few years. George Worthington from the Department of Aging and Rehab Services shared information about Dimentia-friendly Central Virginia training and providing visible signage/stickers for those who have received training. Vice Mayor Magill asked about the feasibility of a senior Page 4 of 141 matching program for co-housing. Ms. Keane advised that the idea was explored a few years ago and may be worth looking into again. 3. Report: United Way report Ravi Respeto, United Way of Greater Charlottesville CEO, presented the five-year strategic plan, specifically two specific five-year strategic goals: financial stability and school readiness. She shared information about the "Envision" campaign for measuring success. She also reviewed programmatic impacts of Covid-19 and how the United Way canceled certain activities, reshaped programs or provided support to individuals and organizations. Mayor Walker suggested that the City prioritize the Pathways Program and childcare scholarships should there be excess funds at year-end or with the American Rescue Plan. 4. Report: City COVID Management Team presentation City Manager Chip Boyles gave a brief introduction. Fire Chief Hezedean Smith commended Deputy Chief Emily Pelliccia and the City's COVID Incident Management Team for their work throughout the year. Deputy Chief Pelliccia presented a report on COVID management efforts. The presentation included an event timeline, situation update, vaccination data and regional coordination efforts. PUBLIC COMMENT No one came forward to speak. On motion by Councilor Hill, seconded by Councilor Snook, Council voted 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none) to convene in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2- 3712, specifically: - Section 2.2-3711(A)(1) for discussion and consideration of prospective candidates for appointment as city attorney, and for discussion and consideration of the removal of an individual previously appointed to the Region Ten Community Services Board. Mayor Walker adjourned the work session at 5:34 p.m. and Council convened in closed session. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 5 of 141 CHARLOTTESVILLE CITY COUNCIL MEETING April 19, 2021 Electronic/virtual meeting via Zoom 5:30 PM CLOSED MEETING The Charlottesville City Council met in an electronic meeting on Monday, April 19, 2021, in accordance with local ordinance #O-21-026, adopted February 16, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus pandemic. Mayor Nikuyah Walker called the meeting to order at 5:34 p.m. with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook. On motion by Councilor Hill, seconded by Councilor Snook, Council voted 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none) to convene in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2- 3712, specifically: - Section 2.2-3711(A)(1) for discussion and consideration of prospective candidates for appointment as city attorney, and for discussion and consideration of the removal of an individual previously appointed to the Region Ten Community Services Board. On motion by Councilor Hill, seconded by Councilor Snook, Council certified by the following vote: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the Motion convening the closed session were heard, discussed or considered in the closed session. The meeting adjourned at 6:32 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council 6:30 PM REGULAR MEETING CALL TO ORDER and ROLL CALL The Charlottesville City Council met in an electronic meeting on Monday, April 19, 2021, in accordance with local ordinances to ensure continuity of government and prevent the spread of disease during the coronavirus pandemic. Mayor Walker called the meeting to order at 6:32 p.m. with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook. Page 6 of 141 City Council observed a moment of silence. AGENDA APPROVAL On motion by Councilor Hill, seconded by Vice Mayor Magill, Council unanimously approved the meeting agenda. ANNOUNCEMENTS Vice Mayor Magill announced that applications for boards and commission vacancies would be accepted through June 11 for Council consideration at the June 21 meeting. RECOGNITIONS/PROCLAMATIONS Mayor Walker read a proclamation in honor of Fair Housing Month. CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 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) 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) 3. ORDINANCE: Designation of trees for protection under the Tree Conservation Ordinance (2nd reading) ORDINANCE DESIGNATING CERTAIN TREES AS PROTECTED TREES UNDER THE CITY’S TREE CONSERVATION ORDINANCE 4. RESOLUTION: Reprogramming FY2020-2021 Community Development Block Grant funds and Minor Action Plan Amendment a. RESOLUTION: Amendment to Community Development Block Grant account - Reprogramming of Funds for FY 2020-2021 $64,097.82 Page 7 of 141 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 Purpose Proposed Proposed Proposed Code 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 b. RESOLUTION: FY 2020 - 2021 Minor Action Plan Amendment of the 2018- 2022 Consolidated Plan 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. 5. APPROPRIATION: Virginia Department of Criminal Justice Services (DCJS) Coronavirus Emergency Supplement Funding (CESF) Fiscal Year 2021 - $50,000 (carried) 6. APPROPRIATION: Firehouse Subs Public Safety Grant $26,971.10 (carried) Page 8 of 141 7. RESOLUTION: Donation of 1967 City Hall sign to the Albemarle Charlottesville Historic Society 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. 8. REPORT: Rivanna Authorities Quarterly Report On motion by Councilor Hill, seconded by Vice Mayor Magill, Council by the following vote APPROVED the Consent Agenda, with Item #2 pulled by Mayor Walker for separate vote: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). At the request of Mayor Walker, Item #2 City of Charlottesville COVID Ordinance Repeal was pulled for a separate vote. On motion by Councilor Hill, seconded by Vice Mayor Magill, Council by the following vote APPROVED Item #2: 4-1 (Ayes: Hill, Magill, Payne, Snook; Noes: Walker). Page 9 of 141 CITY MANAGER RESPONSE TO COMMUNITY MATTERS City Manager Chip Boyles shared an update on the following community matters: 1. Regarding special events, he advised that special events applications were halted during the State of Emergency, and that staff was working on a way to identify safe uses of public areas so that applications may be considered again, possibly in a phased approach. 2. Regarding Rivanna River access, the Parks and Recreation Department worked with citizens and the business community to complete a repair project for stairs at Riverview Park providing access to the Rivanna River. 3. Regarding requests to open the public splash pads, he advised that per State mandate related to Covid-19, the splash pads remain closed. COMMUNITY MATTERS Mayor Walker opened the floor for public comment. The following individuals spoke: 1. Emily Little shared a list of species lost during Coronavirus. She advised of the connection between biodiversity, habitat destruction and the climate crisis. She commended the city for designating a position to lead the Climate Action Plan. 2. Marcia Geyer, city resident, thanked the City Manager and City Council for funding a Climate Action Plan staff position. She shared information about the LEAP home weatherization program and Earth Week. 3. Lisa Glassco, city resident, spoke about the benefits of trees in urban areas. 4. Elizabeth Stark, city resident, spoke about permitting of special events. 5. Bill Emory, city resident, spoke of the support received from the City staff and over 200 volunteer hours from citizens to repair Rivanna River access stairs. 6. Tanesha Hudson requested that Council Chambers be re-opened, that special events permits be considered, and she spoke about social distancing rules not being followed at the Skate Park. She spoke about security at Charlottesville Redevelopment and Housing Authority properties and advised that the current contract with the security company would end at the end of April. 7. Robin Hoffman, city resident, spoke of the availability of free trees for Earth Day from the Department of Agriculture. She spoke about enjoying nature at the Rivanna River and encouraged people to pick up trash. She spoke about the science behind treating Coronavirus. 8. Adrienne Dent, city resident, expressed gratitude to Dr. Andrea Douglas of the Jefferson School African American Heritage Center for a recent community conversation about "Removing the Mask" and encouraged the public to visit the JSAAHC website to listen. Page 10 of 141 9. Don Gathers, city resident, wished a Happy Administrative Professionals Day on April 21. He spoke about gun violence around the country. He expressed interest in beginning conversations about statues. At the request of Mayor Walker, Acting City Attorney Lisa Robertson shared information about the difference between special events and spontaneous demonstrations. Councilor Hill thanked the community and staff who worked on the stair access point for the Rivanna River. Mayor Walker shared concerns of keeping standards in line across the board for opening up Parks and Recreation facilities and activities. She shared that conversations were taking place regarding security at Charlottesville Redevelopment and Housing Authority properties. ACTION ITEMS PUBLIC HEARING/RESOLUTION*: First Amendment Monument lease Acting City Attorney Lisa Robertson shared a summary of the request. She clarified the name of the organization, The Bridge PAI (Progressive Arts Initiative). Mayor Walker opened the public hearing. With no speakers coming forward, Mayor Walker closed the public hearing. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the resolution for the First Amendment Monument lease: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: None). RESOLUTION TO APPROVE A LEASE OF THE FIRST AMENDMENT MONUMENT (“COMMUNITY CHALKBOARD”) AND RELATED PREMISES TO THE BRIDGE PROGRESSIVE ARTS INITIATIVE 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 Initiative (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 11 of 141 ORDINANCE: Continuity of Government Ordinance re-enactment Acting City Attorney Lisa Robertson shared a summary of the request, which would be effective for a period of six months. On motion by Councilor Hill, seconded by Vice Mayor Magill, Council by the following vote APPROVED the Continuity of Government Ordinance re-enactment: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: None). 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 APPROPRIATION: House Bill 5005, Item 408 #1c: Public Safety and Homeland Security, Department of Criminal Justice Services – Local Police Department Funding - $67,913 (carried) Chief RaShall Brackney provided a summary of the request, advising that the State distributed funding based on shares, percentages and headcount of personnel within the agencies. The funding was received in January and no local funding would be required. Council agreed to carry the item forward for second reading on May 3, 2021. GENERAL BUSINESS There were no items of general business. OTHER BUSINESS 1. Council discussed adding a section to the agenda template for City Manager Response to Councilors. The section would abut the City Manager Response to Community Matters. On motion by Councilor Hill, seconded by Vice Mayor Magill, Council voted 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none) to AMEND the Council Rules and Procedures to include a section of the meeting agenda template for City Manager Response to Councilors. 2. Pathways Program - Mayor Walker asked during the 4:00PM work session to discuss Pathways Program funding. She asked that additional funding be provided for the Pathways Program which provides funding for emergency needs. City Manager Boyles advised that he would be talking with Kaki Dimock, Director of Human Services, the following day to Page 12 of 141 discuss funding. Mayor Walker asked that a first reading be held at the April 27 work session for any funding appropriation that may be proposed. MATTERS BY THE PUBLIC - Don Gathers, city resident, asked about honorary street signage for Black Lives Matter Boulevard. - Robin Hoffman spoke in support of a speech made by Maxine Waters regarding the trial for Derek Chauvin in the death of George Floyd. She applauded community members who organized and rallied to show presence surrounding the trial. - Katrina Cooper, city resident, spoke about the police department presence needed in public housing, and about safety protocols for handling unstable individuals. Mr. Boyles shared information in response to Mr. Gathers' question, advising of a new signage standard adopted in October 2020. Vice Mayor Magill asked for consideration of a future celebration for honorary street designations made during the COVID pandemic. Regarding the concern raised by Ms. Cooper, councilors discussed protocols for police response and discussed police reform efforts calling for police to use restraint in responding to calls, thus keeping individuals out of the criminal justice system as much as possible. Chief Brackney added that more details would be needed regarding the particular situation discussed. The meeting adjourned at 8:06 p.m. BY Order of City Council BY Kyna Tomas, Clerk of Council Page 13 of 141 CHARLOTTESVILLE CITY COUNCIL May 3, 2021 Virtual/electronic meting via Zoom 5:30 PM CLOSED MEETING The Charlottesville City Council met in an electronic meeting on Monday, May 3, 2021, in accordance with a local ordinance amended and re-enacted on April 19, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus pandemic. Mayor Nikuyah Walker called the meeting to order at 5:31 p.m. with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook. On motion by Councilor Hill, seconded by Councilor Snook, Council voted 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none) to meet in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2- 3712, specifically: - Section 2.2-3711(A)(1) for discussion and consideration of prospective candidates for employment, and for discussion and consideration of the removal of an individual previously appointed to the Region Ten Community Services Board. Councilors took a break at 5:50 p.m. On motion by Councilor Hill, seconded by Councilor Snook, Council certified by the following vote: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the Motion convening the closed session were heard, discussed or considered in the closed session. The meeting adjourned at 6:32 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council 6:30 PM REGULAR MEETING CALL TO ORDER and ROLL CALL The Charlottesville City Council met in an electronic meeting on Monday, May 3, 2021, in accordance with a local ordinance amended and re-enacted on April 19, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus pandemic. Mayor Nikuyah Walker called the meeting to order at 6:32 p.m. with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Page 14 of 141 Payne and Lloyd Snook. City Council observed a moment of silence. AGENDA APPROVAL On motion by Councilor Snook, seconded by Vice Mayor Magill, Council unanimously approved the meeting agenda. ANNOUNCEMENTS Dr. Denise Bonds shared an update on Covid-19 data. She focused attention on data related to race and noted that Charlottesville ranked #5 in the state for the percentage of residents vaccinated. Albemarle County ranked #1. She shared information about outreach efforts to reach target populations. RECOGNITIONS/PROCLAMATIONS Mayor Walker presented the following proclamations: • Proclamation: Bike Month 2021 • Proclamation: Community Action Month Mr. Michael Osario thanked Mayor Walker for the proclamation. • Proclamation: Professional Municipal Clerk Week, May 2-8, 2021 Clerk of Council Kyna Thomas accepted the proclamation and Councilors made remarks commending Ms. Thomas and the work of the Clerk’s Office. • Proclamation: National Emergency Medical Services Week, May 16-22, 2021 Vice Mayor Magill offered thanks to Emergency Medical Services professionals. • Proclamation: Joy Johnson Day - May 3, 2021 Ms. Joy Johnson accepted the proclamation and acknowledged her predecessors and all who have helped to work toward the same community causes. Councilors thanked Ms. Johnson and encouraged her to continue the great work. CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 1. MINUTES: March 15 Work Session, March 17 Community Budget Forum, March 23 Special Meeting, March 23 Work Session 2. APPROPRIATION: Virginia Department of Criminal Justice Services (DCJS) Coronavirus Emergency Supplement Funding (CESF) Fiscal Year 2021 - $50,000 (2nd reading) Page 15 of 141 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. 3. APPROPRIATION: Firehouse Subs Public Safety Grant $26,971.10 (2nd reading) 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 Page 16 of 141 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. 4. APPROPRIATION: House Bill 5005, Item 408 #1c: Public Safety and Homeland Security, Department of Criminal Justice Services – Local Police Department Funding - $67,913 (2nd reading) 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 5. APPROPRIATION: Supplemental Appropriation of State Operational Funding for Charlottesville Area Transit - $265,025 (carried) 6. APPROPRIATION: Virginia Department of Education Special Nutrition Program Child and Adult Care Food Program - $25,000 (carried) 7. APPROPRIATION: CARES Act Round 2 Funding for Utility Customer Bill Arrearage Assistance – $15,766.58 (carried) 8. RESOLUTION: Budget Amendment for FY2021-2022 Community Development Block Grant and HOME program allocations (1 reading) RESOLUTION AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT Reprogramming of Funds for FY 2021-2022 Page 17 of 141 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 on January 19, 2021; 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 appropriated to the respective accounts shown as follows: Fund Account Purpose Proposed Proposed Proposed Code Revised Revised Revised Reduction Addition Appropriation 218 Ridge Street Priority $6,247.20 $156,247.20 Neighborhood 218 Administrative and Planning $1,561.50 $85,435.20 (20% EN) TOTALS: RESOLUTION AMENDMENT TO HOME INVESTMENT PARTNERSHIPS PROGRAM ACCOUNTS FY 2021-2022 WHEREAS, Council has previously approved the appropriation of certain sums of federal grant receipts to specific accounts in the HOME Investment Partnerships Program (HOME) funds on January 19, 2021; and BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that appropriations made to the following expenditure accounts in the HOME 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 appropriated to the respective accounts shown as follows: Fund Account Purpose Proposed Proposed Proposed Code Revised Revised Revised Reduction Addition Appropriation 210 HOME Match $995.72 $21,144.22 210 LEAP Assisted Home $3,982.88 $23,224.88 Performance TOTALS: Page 18 of 141 9. RESOLUTION: Safe Routes to Schools non-infrastructure grant application RESOLUTION Supporting Safe Routes to School (“SRTS”) Projects WHEREAS, obesity is one of the most serious threats to American public health, ranking third among preventable causes of death in the United States; WHEREAS, motor vehicle crashes are also a leading cause of death and injury to children; WHEREAS, between 1969 and 2009 the percentage of children walking and biking to school dramatically declined from 48 percent to 13 percent; WHEREAS, the Safe Routes to School program, created by Congress in 2005, aimed to increase the number of children engaged in active transportation when traveling to school by funding (1) infrastructure projects, located within two miles of a public school, that directly increase safety and convenience for public school children walking and/or biking to school, and (2) non- infrastructure projects designed to encourage public school children to walk and bicycle to school; WHEREAS, Safe Routes to School projects are a proven, effective approach to increasing the number of children actively traveling to school by foot or bike; WHEREAS, Safe Routes to School projects provide important health, safety, and environmental benefits for children, including reducing risk of obesity/chronic disease and pedestrian/bicycle injuries as well as improving air quality; WHEREAS, the need for Safe Routes to School projects is especially strong in low-income areas, which suffer from a disproportionately high incidence of both childhood obesity/chronic disease and pedestrian and bicycle injuries and often have inferior pedestrian and bicycle infrastructure; WHEREAS, Safe Routes to School projects make it safer and more convenient for all residents to walk and bike to destinations, further promoting public health; WHEREAS, a goal of the City of Charlottesville’s current Comprehensive Plan, Bicycle and Pedestrian Master Plan, Complete Streets Resolution and Healthy Eating Active Living Resolution supports active transportation options, which can be met in part by implementation of Safe Routes to School projects; NOW, THEREFORE, BE IT RESOLVED that the City of Charlottesville affirms its commitment to active transportation and supporting Safe Routes to School infrastructure and non-infrastructure projects. Page 19 of 141 10. RESOLUTION: Authorizing publication of notice of City Council's intention to remove, relocate, contextualize or cover statues of Confederate Generals Lee and Jackson currently located within City parks, and to hold a Public Hearing thereon RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF CITY COUNCIL’S INTENTION TO REMOVE, RELOCATE, CONTEXTUALIZE OR COVER STATUES OF CONFEDERATE GENERALS LEE AND JACKSON CURRENTLY LOCATED WITHIN CITY PARKS, AND TO HOLD A PUBLIC HEARING THEREON WHEREAS, the Charlottesville City Council intends to remove, relocate, contextualize or cover the statutes of Confederate General Robert E. Lee and Stonewall Jackson installed, respectively, within Market Street Park and Court Square Park (together, the “Statues”); now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE: 1. THAT the Clerk of Council shall cause notice of City Council’s intent to remove, relocate, contextualize or cover the Statues to be published within a newspaper having general circulation within the City. Such notice shall specify the time and place of a public hearing at which interested persons may present their views, not less than thirty (30) days after the date of publication of the notice, and 2. THAT the City’s Board of Architectural Review is hereby requested to consider City Council’s stated intent to remove, relocate, contextualize or cover the Statues prior to the public hearing date specified in the published newspaper notice. 11. ORDINANCE: Approving CitySpace as Central Absentee Precinct for June 8, 2021 Primary Election ORDINANCE APPROVING CITY SPACE AS CENTRAL ABSENTEE PRECINCT FOR JUNE 8, 2021 PRIMARY ELECTION 12. ORDINANCE: Amending the Charlottesville City Code to allow the Police Civilian Review Board to obtain General Legal Counsel Services (1 reading) AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2 (ADMINISTRATION), ARTICLE XVI (POLICE CIVILIAN REVIEW BOARD), SECTION 2-457 (POLICE CIVILIAN REVIEW BOARD LEGAL COUNSEL) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990) AS AMENDED, TO Page 20 of 141 EXPAND THE SCOPE OF MATTERS ON WHICH THE POLICE CIVILIAN REVIEW BOARD MAY CONSULT WITH LEGAL COUNSEL OTHER THAN THE CITY ATTORNEY’S OFFICE Mayor Walker opened the floor for comments on the Consent Agenda and the following individuals spoke: - Kristin Szakos spoke about Item #10, in support of removing Confederate statues from city parks and urged Council to act swiftly. - Larycia Hawkins, UVA professor and descendant of enslaved ancestors, spoke about politics and symbols as related to Item #10 and in support of removing Confederate statues from city parks. - Cali Gaston spoke about Item #10, in support of removing Confederate statues from city parks. - Don Gathers spoke about Item #10, in support of removing Confederate statues from city parks. - Lena Seville spoke about Item #10, in support of removing Confederate statues from city parks. - Adrienne Dent spoke about Item #10, in support of removing Confederate statues from city parks. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the Consent Agenda, removing Item #8 for a separate vote per request from Mayor Walker: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker. Noes: none). On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED Item #8 regarding the Budget Amendment for FY2021-2022 Community Development Block Grant and HOME program allocations: 4-1 (Ayes: Hill, Magill, Payne, Snook. Noes: Walker). CITY MANAGER RESPONSE TO COMMUNITY MATTERS and to COUNCILORS City Manager Chip Boyles shared an update on the following matters: 1. A notice would be published for a June 7 public hearing on the Lee and Jackson statues in City parks. 2. He received information earlier in the day for American Rescue Plan from the Housing and Urban Development HOME funds that the City was awarded a grant in the amount of $270,000 to spend on affordable housing programs within the City. He advised that the City would likely issue a Request for Proposals (RFP) for help with projects. Page 21 of 141 3. He was still awaiting the total dollar amount that the City would be receiving in American Rescue Plan funds as well as regulations around how the funds may be used, adding that the Congressional Act requires that the first payment be made by May 12. 4. Staff was continuing to work on special events permits, carefully monitoring citizen rights regarding public demonstrations and protest events, as well as safety while the community still faces conditions of Covid-19. 5. Staff was working on scheduling a work session on the Charlottesville Housing Affordability Program (CHAP) and progressive taxation. 6. Applications closed Friday, April 30 for Executive Director position for the Police Civilian Review Board. Sixty-four applications were received. 7. He has resumed City Manager meetings with neighborhood associations. COMMUNITY MATTERS Mayor Walker opened the floor for public comment. The following individuals spoke: 1. Leonard Schoppa, city resident, spoke about the draft Land Use Plan asking a few neighborhoods to take on the burden of density. He opposed exclusionary zoning. 2. Maddy Green, member of Charlottesville Redevelopment and Housing Authority (CRHA), read a portion of a report from the CLIHC (Charlottesville Low Income Housing Coalition), applauded Joy Johnson on her recent recognition and spoke in support of inclusionary zoning. 3. Emily Dreyfus ceded her time to Walt Heinecke, city resident, who spoke about his view of what a racially equitable city would look like. He advised that policies should reflect the commitment to deeply affordable housing. 4. Jennifer Koch, consultant representing Cville Plans Together, shared information about upcoming events related to the City's Comprehensive Plan and advised that more information could be found at cvilleplanstogether.com. 5. Stacy Miller echoed comments about inclusionary zoning. She spoke in opposition to the critical slope waiver for 915 6th Street SE and noted erosion and safety concerns. 6. Kate Fraleigh, city resident, speaking on behalf of the People's Coalition, encouraged Council action to strengthen the Police Civilian Review Board. 7. Peter Krebs, city resident, thanked the mayor for the Bike Month proclamation, and shared information about an upcoming event sponsored by the Piedmont Environmental Coalition. He spoke in support of Safe Routes to Schools projects and in support of the recognition for Joy Johnson. 8. Rosia Parker, city resident, spoke about gang violence. She advised that young people need an outlet. Page 22 of 141 9. Tanesha Hudson spoke about gang violence and about the security company that is no longer monitoring in the Westhaven neighborhood. She suggested community policing and a collective approach with police. She spoke about race relations in the city and toward Black city leaders. Councilor Hill asked about resources that could address gun violence, bringing different stakeholder groups together. Mayor Walker advised that Chief Brackney met with John Sales at CRHA to continue the discussion of what policing should look like in the public housing environment. She advised of the need for investment in outlets for youth in the Black community. Councilor Payne spoke about the housing plan, the need for land use and community wealth building strategy. Mayor Walker asked Acting City Attorney Lisa Robertson to explain to the public the reasoning for following state-enabling legislation regarding monuments rather than acting immediately. Ms. Robertson provided an explanation. The meeting recessed at 8:35 p.m. and reconvened at 8:50 p.m. ACTION ITEMS PUBLIC HEARING/RESOLUTION*: $18,000,000 Bond Issue (maximum amount) and New Debt $8,000,000 Refunding Bond Issue (maximum amount) - $26,000,000 Total Krisy Hammill, Senior Budget and Management Analyst, provided a summary of the resolution. She noted the City’s AAA bond rating and historically low interest rates. Mayor Walker opened the public hearing. With no speakers coming forward, the public hearing was closed. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker. Noes: none). RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000, TO FINANCE THE COSTS OF CERTAIN PUBLIC IMPROVEMENT PROJECTS, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS OF THE CITY OF CHARLOTTESVILLE, Page 23 of 141 VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT OF SUCH BONDS, AND PROVIDING FOR THE REFUNDING OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY PUBLIC HEARING/RESOLUTION*: Approval of Community Development Block Grant Annual Action Plan FY 21-22 Erin Atak, Grants Coordinator, summarized the request. Mayor Walker opened the public hearing. With no speakers coming forward, the public hearing was closed. Vice Mayor Magill asked about capacity and Ms. Atak advised that all has been taken care of regarding capacity. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker. Noes: none). RESOLUTION Approval of FY 2021-2022 Annual Action Plan BE IT RESOLVED, that the Charlottesville City Council hereby approves the FY 2021 - 2022 Action Plan of the 2018-2022 Consolidated Plan as presented at the May 3, 2021, City Council meeting. No funds by agencies will be spent until HUD issues final approval of the Annual Action Plan. RESOLUTION*: Special Use Permit for Lyndhall Apartments, 64 University Way – Landowner Neighborhood Investments, LLC Carrie Rainey, Senior Planner, provided a summary of the request and advised of Planning Commission feedback from their meeting on April 13, 2021. The applicant, Chris Henningsen with Neighborhood Properties, made a presentation and answered questions for Council. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker. Noes: none). Page 24 of 141 RESOLUTION APPROVING A SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 64 UNIVERSITY WAY (LYNDHALL APARTMENTS) WHEREAS, landowner Neighborhood Investments, LLC (“Landowner”) is the current owner of certain land identified within the City’s real estate records by Real Estate Parcel Identification No. 050048000, currently having a street address of 64 University Way, and having an area of approximately 0.34 acre (14,810 square feet) (the “Subject Property”); and WHEREAS, Landowner proposes to renovate the existing multifamily dwelling (“Building”) located on the Subject Property, to increase the number of dwelling units within the Building, and seeks a special use permit to authorize an overall residential density of 48 dwelling units per acre (DUA) within the area of the Subject Property, together with certain changes to the parking and landscaping within the Subject Property (collectively, the “Project”); and WHEREAS, the Subject Property is located within the R-3 (Residential, medium- density residential) zoning district, a district in which, according to the Use Matrix set forth within City Code 34-420, additional residential density may be authorized by City Council by means of a special use permit; and WHEREAS, the Project is described in more detail within the Landowner’s application materials submitted in connection with SP21-00003, as required by City Code §34-158 (collectively, the “Application Materials”); and WHEREAS, the Planning Commission and City Council conducted a joint public hearing, after notice and advertisement as required by law, on April 13, 2021; and WHEREAS, upon consideration of the comments received during the joint public hearing, the information provided by the Landowner within the Application Materials, and the information provided within the Staff Report, the Planning Commission voted to recommend approval of the proposed Special Use Permit for the Project subject to suitable regulations and safeguards; and WHEREAS, upon consideration of the Planning Commission’s recommendation, the Staff Report, comments received at the public hearing, as well as the factors set forth within Sec. 34-157 of the City’s Zoning Ordinance, this Council finds and determines that granting the proposed Special Use subject to suitable regulations and safeguards would serve the public necessity, convenience, general welfare or good zoning practice; now, therefore, Page 25 of 141 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, that a special use permit is hereby approved and granted to authorize residential density of up to 48 dwelling units per acre for a Project to be constructed within the Subject Property, subject to the following conditions: 1. Upon completion of the Project, the Building shall contain, in the aggregate, no more than 16 dwelling units, and not more than 24 bedrooms. 2. Pursuant to §34-162(a): a. the side setbacks required by City Code §34-353(a) are hereby modified; all side setbacks shall be 10 feet, minimum; b. the off-street parking offset requirements required by City Code §34-972(b)(6) are hereby modified to require no minimum setback; c. the off-street parking requirements of City Code §34-984 are hereby modified to reduce required off-street parking spaces by two (2) spaces. 3. Outdoor lighting shall be provided only at building entrances. All outdoor lighting and light fixtures shall be full cut-off luminaires. Light spillover from luminaires onto public streets or abutting lots shall not exceed one-half (0.5) foot candle. A spillover shall be measured horizontally and vertically at the property line or edge of public right of way or public easement, whichever is closer to the luminaire. 4. A total of at least sixteen (16) bicycle parking spaces shall be provided within the area of the Subject Property, as follows: a. At least eight (8) bicycle lockers, b. At least eight (8) outdoor bicycle parking spaces on site. 5. The specific Project for which additional residential density is authorized by this special use permit is the Project described within the Application Materials, including, without limitation: the design, Building height, Building footprint, parking areas, landscaping and other characteristics described or depicted within the site plan exhibit dated January 15, 2021, included among the Application Materials. Except as may otherwise be required in order to comply with requirements of the zoning ordinance or the City’s Standards and Design Manual, or with other conditions of this special use permit: any change in the material aspects of the Project that is inconsistent with the representations made within the Application Materials shall require a modification of this Special Use Permit. Without limiting the foregoing, the following are deemed material aspects of the Project for purposes of this special use permit approval: Page 26 of 141 a. The number of dwelling units and bedrooms within the renovated Building, as authorized by the overall density approved within this special use permit, b. The height and footprint of the existing Building, and c. The size, location and configuration of the outdoor patio proposed to be established on the south side of the Building. 6. No construction or improvements shall be commenced prior to approval of a final site plan for the Project and approval of a permit authorizing land-disturbing activities pursuant to Section 10-9. For purposes of Chapter 10 of the City Code, demolition activities shall be planned and built into the erosion & sediment control plan and stormwater management plan (if required), as part of the overall plan for the development of the Subject Property, and no such demolition shall be undertaken as a stand-alone activity. RESOLUTION*: Critical Slope Waiver for 915 6th Street SE Carrie Rainey, Senior Planner, provided a summary of the request and shared Planning Commission feedback from their meeting on April 13, 2021. The applicant, Justin Shimp, made a brief presentation and answered questions for Council about items including site disturbance, tree canopy and erosion. Jack Dawson, City Engineer, discussed conditions of the erosion and sediment control in relation to inspection and enforcement. Alex Ikefuna, Deputy Director of Neighborhood Development Services, advised that sidewalk issues would be addressed with Small Investment Area (SIA) funds. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the resolution: 3-2 (Ayes: Hill, Magill, Snook. Noes: Payne, Walker). RESOLUTION APPROVING A REQUEST FOR WAIVER OF CRITICAL SLOPES PROVISIONS PURSUANT TO CITY CODE SECTION 34-1120(B)(6) FOR 915 6th STREET, S.E. WHEREAS, Rayonix, LLC is the owner (“Landowner”) of certain property having an address of 915 6th Street, S.E., further identified within City real estate records by Real Estate Parcel Identification No. 270036000 (the "Property"), and Landowner seeks a waiver of the critical slopes requirements of City Code Sec. 34-1120(b)(6) to allow for construction Page 27 of 141 of a multi-family residential development containing one building with 21 one- and two- bedroom multi-family residential units and a surface parking lot on the Property (the “Project”); and WHEREAS, the Planning Commission considered this request at their regular meeting on April 13, 2021, and recommended approval of the request for a waiver of the critical slopes requirements, pursuant to City Code Sec. 34-1120(b)(6); and WHEREAS, upon consideration of the information and materials provided by the Landowner, and the recommendation of the Planning Commission, the City Council finds and determines pursuant to City Code Sec. 34- l 120(b)(6)(d)(ii) that due to unusual physical conditions, or the existing development of the property, compliance with the City’s critical slopes regulations would prohibit or unreasonably restrict the use or development of the property; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE that the request by Rayonix, LLC for a waiver of the critical slopes requirements for the above-described Project, is hereby granted, conditioned upon the following: 1. The following erosion and sediment control measures shall be required, in excess of standard minimum requirements, in order to mitigate potential impacts to the undisturbed critical slope areas, tributary stream, and adjacent properties during land disturbance activities, per Section 34- 1120(b)(1)(a)-(c): a. super silt fence (i.e., silt fence with chain-link backing) shall be installed wherever the erosion and sediment control plan specifies perimeter silt fencing; b. at no time shall concentrated water be directed toward any area(s) of critical slope(s); c. erosion and sediment control shall be provided in a minimum of four (4) stages. The first stage shall consist of initial/ preliminary controls and outfall construction. The second stage shall include establishment of a sediment trap and conveyances. The sequence shall dictate that no disturbance of any critical slope(s) area(s) (beyond what is necessary for establishment of perimeter controls and conveyances) shall occur until after the sediment trap has been established and is functioning properly; d. Any and all land disturbing activity, in either sequence or space, planned or unforeseen, including, without limitation, activity necessary to establish the sediment trap, conveyances to the established sediment trap, or perimeter controls, shall be immediately stabilized with sod (for pervious areas, utilities within impervious areas should have other “same day stabilization” measures provided); Page 28 of 141 2. Trees removed from areas of critical slope(s) shall be replaced within those areas, at a three-to-one ratio (“Habitat Replacement Trees”). The Habitat Replacement Trees shall be locally native tree species appropriate for the site conditions. No tree(s) planted in any area(s) that contain buildings, parking lots, sidewalks, or other built improvements shall be counted as any Habitat Replacement Tree(s). The specific number and species of Habitat Replacement Trees will be determined by the applicant and the City based on available space and site conditions, and the size, location and species of all Habitat Replacement Trees shall be specified within the landscaping plan required by Sections §§34-861 et seq. of the Charlottesville City Code, as amended. RESOLUTION*: Consent to Appointment of City Attorney City Manager Chip Boyles recommended appointment of Acting City Attorney/Chief Deputy City Attorney Lisa Robertson to the position of City Attorney for the City of Charlottesville. Councilors Snook, Hill and Magill made comments supporting Ms. Robertson's record. Mayor Walker made a statement regarding recent communications that have caused her to reflect on the appointment. On motion by Councilor Snook, seconded by Councilor Hill, Council by the following vote APPROVED the appointment: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker. Noes: none). GENERAL BUSINESS There were no items of general business. OTHER BUSINESS Councilor Hill asked about aligning representation for the Schools reconfiguration working group, as she and Mayor Walker are the current representatives. Mayor Walker advised that she would be happy to serve on the project group. The group would like for a current councilor to serve on the work group and project group for continuity. Mayor Walker asked about voting on a requested allocation of $1100 to support Juneteenth activities. On motion by Councilor Snook, seconded by Councilor Hill, Council voted 5-0 to amend the agenda to add a vote on appropriating $1100 from the Council Strategic Initiatives Fund to support a Juneteenth celebration. Page 29 of 141 On motion by Councilor Snook, seconded by Councilor Hill, Council by the following vote APPROVED the appropriation of $1100 from the Council Strategic Initiatives Fund to support a Juneteenth celebration. MATTERS BY THE PUBLIC - Tanesha Hudson spoke about the power of privilege. She spoke against the appointment of Lisa Robertson as City Attorney. - Larycia Hawkins, UVA professor, commended the work of the Public Housing Association of Residents (PHAR), and spoke about housing affordability challenges. - Don Gathers shared concerns about transparency in the hiring process for the City Attorney. - Rosia Parker asked Council to act as quickly as possible to remove confederate statues from City parks. She spoke about the condition of the park near 8th Street and about danger with 8th Street traffic. - Nancy Carpenter spoke in support of removal of confederate statues, and she spoke about concerns for future development of Preston Plaza. She shared information with Mr. Boyles about quarterly neighborhood association meeting contacts and concerns in Rosehill. She also spoke about reaching out to residents via means other than Zoom. Councilor Hill and Mayor Walker followed up with comments about the City Attorney position. Councilor Snook followed up to a comment from Ms. Hudson regarding contracts. The meeting adjourned at 10:21 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 30 of 141 CHARLOTTESVILLE CITY COUNCIL WORK SESSION May 25, 2021 Virtual/electronic meeting via Zoom 3:00 PM WORK SESSION Pursuant to Virginia Code Section 2.2-3712, the Charlottesville City Council met in work session on Tuesday, May 25, 2021. The meeting was held electronically pursuant to a local ordinance amended and re-enacted on April 19, 2021, to ensure the continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Walker called to order at 3:01 p.m. and Clerk of Council Kyna Thomas called the roll, noting the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne, and Lloyd Snook. REPORTS 1. City/County Court Complex Memorandum of Agreement Review and Project Update: Council Direction Needed City Manager Chip Boyles provided an introduction. Chris Engel, Director of Economic Development, introduced the project team, sharing that since Spring 2019, a team of staff including representatives from Public Works (Facilities Development, Engineering, Facilities Maintenance, and Environmental), Neighborhood Development Services and the Office of Economic Development have been working in conjunction with the engineering firm of Kimley Horn to plan and develop the parking facility project. He shared key elements of the Memorandum of Agreement (MOA) and progress to-date: • Feasibility study and proof of concept design • Survey and geotechnical investigation • Appraisal and purchase of the land • Approval by Procurement for use of Design-Build as delivery method for this project • Preliminary discussion with the Board of Architectural Review • Development, issuance and receipt of a Request for Qualifications (RFQ) of prospective Design-Build entities with the assistance of professional services • Review of received of Statements of Qualification with the assistance of professional services resulting in a short list of qualified firms prepared to submit project proposals • 95% of the development and preparation of Request for Proposals (RFP) and associated Owners Criteria with the assistance of professional services Page 31 of 141 • Funds expended to date (not including city staff time) on the above referenced items total approximately $1,500,000. Scott Hendrix, Senior Project Manager, shared information about the design build process for this project and advised that the designer and contractor work as a team, which is different from other procurement processes. Mr. Engel reviewed options for fulfilling requirements of the MOA. Councilors asked about County parking demand, current parking usage by the County, zoning, mixed-use. Mr. Boyles and Mr. Engel provided responses. Rick Siebert, Parking Manager, provided an explanation of TDM (Transportation Demand Management) and advised that it is a long-term course. PUBLIC COMMENT Mayor Walker opened the floor for public comment. The following people spoke in support of the parking structure: - Joan Fenton - Kirby Hutto - Chris Eure The following people spoke in opposition to the parking structure: - Chris Schopper - Crystal Passmore - Josh Carp - Jamelle Bouie - Rory Stolzenberg - Jake Mooney Mayor Walker expressed support for options being presented, noting the need to keep city and county courts in close proximity, about expanding opportunities for staff to telecommute, about exploring alternative modes of transportation for commuters, and about efforts made to keep citizens out of the courtroom. Councilor Payne shared thoughts on 1) meeting the courts agreement, 2) cost and opportunity costs, 3) efficient use of land on a critical entrance corridor, and 4) meeting the broad parking needs of downtown. He spoke about data versus perception, and exploring the option of using the 7th Street surface lot and Market Street Garage to meet county parking Page 32 of 141 needs. Councilor Snook spoke about parking availability during the evenings and the lack of availability during weekdays pre-Covid. Councilor Hill spoke about increasing revenue from the private sector and what to do with the existing garage Vice Mayor Magill spoke in support of looking at more creative ways to meet obligations of the agreement and working on ways to alleviate parking demand for people who work downtown. Mr. Boyles summarized Council direction that staff should continue to explore alternatives with Albemarle County, cease movement on the 200-300 spot garage and pursue Option 1c for surface parking. He advised that the previous resolution would need to be replaced with a new one. Council agreed to move the item forward for a vote at the June 7 Council meeting. 2. Charlottesville Area Transit - Federal Transit Administration required Major Service Change Review Garland Williams, Transit Director, began the presentation with data about the existing Charlottesville Area Transit (CAT) network, mitigation efforts dealing with the coronavirus pandemic, and historical and current ridership trends. He introduced consultants Ben Chambers with Kimley Horn and Jim Baker with Kinetix Transportation. Mr. Baker reviewed primary service objectives and proposed systemwide changes. Mr. Williams reviewed next steps, including community engagement, scheduling of future meetings, and incorporating route changes, and prospective locations for park and ride service. He answered questions for Councilors. Council agreed with the direction of CAT efforts and advised that they look forward to future reports. Mayor Walker adjourned the work session at 5:43 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 33 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 7, 2021 Action Required: Appropriation Presenter: Chris Gensic, Dept. of Parks and Recreation Staff Contacts: Chris Gensic, Dept. of Parks and Recreation Title: Trail fund contribution from Milestone Partners for Meadow Creek Trail - $12,043 Background: The City sold a piece of land to a developer many years ago and as part of the sale contract, the developer was expected to provide land for a trail along Meadow Creek and contribute $15,000 toward the construction of the trail in this area of the City. The developer is Milestone Partners, and the property is now called “Lochlyn Hills”. The City has established the trail easement across the property, and the developer has paid a contractor $2,957 to construct the trail on the Lochlyn Hills property. The developer is now contributing the balance of $12,043 to the City to complete the next phase of the trail heading upstream to Holmes Avenue. Discussion: Charlottesville Parks and Recreation is working to complete the trail plan according to the City Bicycle, Pedestrian Plan and Comprehensive Plan. Along Meadow Creek, the plan calls for retaining the Rivanna Trails Foundation (RTF) footpath on the south bank of the creek and constructing a stone dust path along the north bank between Holmes Avenue and Locust Avenue/Pen Park. The developer at Lochlyn Hills has constructed a trail bridge across Meadow Creek and in partnership with the City is constructing a 4-5 foot wide relatively flat natural surface trail along easements to the City on the Lochlyn Hills property and adjacent Locust Meadows Owner Association open space. This trail will be upgraded to a fully accessible stone dust path in a few years when funding is available to do so. Alignment with City Council’s Vision and Strategic Plan: The project supports City Council’s “America’s Healthy City” vision by providing outstanding recreational areas and walking trails, as well as the vision of being a “Connected Community”. It contributes to Goal 3 of the Strategic Plan, for a beautiful and sustainable natural and built environment, and specifically objective 3.3, to provide a variety of transportation and mobility options. Page 34 of 141 Community Engagement: The Bicycle and Pedestrian Plan and Comprehensive Plan were both developed with multiple public meetings and opportunities for input, including public hearings, and was approved by City Council. Budgetary Impact: This appropriation reduces the amount of City capital funds necessary to construct this trail connection. The funding will be appropriated into the Meadow Creek portion of the Trail CIP fund. Recommendation: Staff recommends approval of the appropriation. Alternatives: This is a requirement of a contract. Attachments: Appropriation Page 35 of 141 APPROPRIATION Trail Fund Contribution from Milestone Partners for the Meadow Creek Trail project $12,043 WHEREAS, the City of Charlottesville, through Parks and Recreation, is receiving $12,043 from Milestone Partners per terms of a contract; and WHEREAS, the City of Charlottesville, through Parks and Recreation, is working to construct the Meadow Creek Trail; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $12,043 is hereby appropriated in the following manner: Expenditures: $12,043 Fund: 426 WBS: PR-001 G/L Account: 599999 Revenues: $12,043 Fund: 426 WBS: PR-001 G/L Account: 451020 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $12,043 from Milestone Partners. Page 36 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 7, 2021 Action Required: Appropriation of Funding Presenter: Holly Bittle, Budget Analyst, Charlottesville Police Department Staff Contacts: RaShall Brackney, Chief, Charlottesville Police Department Holly Bittle, Budget Analyst, Charlottesville Police Department Title: Virginia Department Motor Vehicles (DMV) Highway Safety Grant- Alcohol and Impaired Driving - $9,453 Background: The Commonwealth of Virginia Department of Motor Vehicles (DMV) has awarded the City of Charlottesville, through the Police Department, a Virginia Highway Safety Grant to reduce the number of fatalities, injuries and related economic losses resulting from traffic crashes on Virginia roadways. Discussion: This Virginia Highway Safety Grant award supports the statewide goal of decreasing alcohol impaired driving fatalities. The City of Charlottesville Police Department will utilize the awarded grant funds to provide the following: • Additional patrols during the national Click It or Ticket Mobilization periods • Additional patrols during the Checkpoint Strikeforce Mobilization periods • Provide DMV approved traffic safety-related training for one police officer Alignment with City Council’s Vision and Strategic Plan: The Virginia Highway Safety Grant award supports Goal 2 of the Strategic Plan, a healthy and safe city. With this funding, the Police Department will be able to increase the number of patrol hours it can devote preventing vehicle crashes. Community Engagement: N/A Page 37 of 141 Budgetary Impact: No additional City funding is required. These funds will be appropriated into and expended in a grants fund. The required local match will be satisfied through funding previously appropriated as part of the highway safety related expenditures in the Police Department’s General Fund budget. Recommendation: Staff recommends approval and appropriation of these 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 Resolution Page 38 of 141 RESOLUTION APPROPRIATING FUNDING FOR Virginia Department Motor Vehicles (DMV) Highway Safety Grant- Alcohol and Impaired Driving - $9,453 WHEREAS, the Police Department, through the City of Charlottesville, has received a Virginia Highway Safety Grant from the Commonwealth of Virginia Department Motor Vehicles in the amount of $6,302 to be used for overtime and officer training, related to highway safety; and WHEREAS, the Police Department will contribute vehicle maintenance and fuel, related to highway safety as an in-kind match in the amount of $3,151. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $6,302, received from the Commonwealth of Virginia Department of Motor Vehicles (2021 Virginia Safety Grant) and the local match of $3,151 is hereby appropriated in the following manner: Revenues – $9,453 $6,302 Fund: 209 IO: 190414 G/L Account: 430120 $3,151 Fund: 209 IO: 190414 G/L Account: 498010 Expenditures – $9,453 $4,804 Fund: 209 IO: 190414 G/L Account: 510060 $ 398 Fund: 209 IO: 190414 G/L Account: 511010 $1,100 Fund: 209 IO: 190414 G/L Account: 530140 $3,151 Fund: 209 IO: 190414 G/L Account: 530271 Transfer – $3,151 $3,151 Fund: 105 Cost Center: 3101004000 G/L Account: 530271 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the reimbursement of $6,302 from the Commonwealth of Virginia Department of Motor Vehicles (2021 Virginia Safety Grant). Page 39 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 7, 2021 Actions Required: Appropriation of Funding Presenter: Holly Bittle, Budget Analyst, Charlottesville Police Department Staff Contacts: RaShall Brackney, Chief, Charlottesville Police Department* Holly Bittle, Budget Analyst, Charlottesville Police Department Title: Edward Byrne Memorial Justice Assistance Grant (JAG) - $23,056 Background: The purpose of the Office for Civil Rights (OCR), Office of Justice Programs (OJP), Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Fiscal Year 2020 Local Formula Solicitation is to further the DOJ’s mission by assisting state, local, and tribal law enforcement efforts to prevent or reduce crime and violence. Discussion: Following the Commonwealth of Virginia’s May 2020 Executive Order 64, a response to past and potential future civil unrest that poses a danger to public safety, the City of Charlottesville, through the Police Department, applied for the Edward Byrne Memorial Justice Assistance Grant (JAG) Grant to install additional security access points in unsecured areas of the Charlottesville Police Department. Notification of award approval was received on September 19, 2020 for reimbursement up to $23,056. This grant is part of a strategic effort to address visual and physical security weaknesses within the Police Department facility. Other efforts include grant funded projects to procure a mobile logistics trailer with a command center capabilities (Appropriation #A-20-082) as well as enhancing the technology and equipment within the Police Department Roll Call room in order to be able to convert this space into a command post if and when needed (Appropriation #A-20-029). The Police Department has been working with a physical security specialist to identify visual and physical security weaknesses within its facility. The department anticipates needing to install up to a total five access points. Alignment with City Council’s Vision and Strategic Plan: This project supports Goal 2 of the Strategic Plan, to be a Healthy and Safe City. Community Engagement: Page 40 of 141 N/A Budgetary Impact: This has no impact on the General Fund. No local match is required and the funds will be expensed and reimbursed to a Grants Fund. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: If grants funds are not appropriated, this project will require additional City funds to support these security improvements or the project will not be completed without using City funds. Attachments: • Resolution Appropriating Funding • U.S. Department of Justice, Office of Justice Programs’ Edward Byrne Justice Assistance Grant Program FY 2020 Local Solicitation’s “Certifications and Assurances by the Chief Executive of the Applicant Government” Page 41 of 141 RESOLUTION APPROPRIATING FUNDS FOR Edward Byrne Memorial Justice Assistance Grant (JAG) Grant # 2020-DJ-BX-0922 - $23,056 WHEREAS, the Office for Civil Rights, Office of Justice Programs, Department of Justice Edward Byrne Memorial Justice Assistance Grant Program Fiscal Year 2020 Local Formula awarded a grant to the Police Department, through the City of Charlottesville, to install additional security access points in unsecured areas of the Police Department; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a total of $23.056.00 be appropriated in the following manner: Revenues – $23,056.00 $23,056.00 Fund: 211 Internal Order: 1900404 G/L Account: 431110 Expenditures – $23,056.00 $23,056.00 Fund: 211 Internal Order: 1900404 G/L Account: 525263 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the reimbursement of funds or goods as supplied from the Office for Civil Rights, Office of Justice Programs, Department of Justice Edward Byrne Memorial Justice Assistance Grant Program. Page 42 of 141 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2020 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality’s application for an award under the FY 2020 Edward Byrne Justice Assistance Grant (“JAG”) Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs (“OJP”), U.S. Department of Justice (“USDOJ”), that all of the following are true and correct: 1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government. 2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 3. I assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification. 4. I assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunity available. 5. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require. 6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein. _ _ _ Signature of Chief Executive of the Applicant Unit of Date of Certification Local Government _ _ _ Printed Name of Chief Executive Title of Chief Executive _ _ _ _ Name of Applicant Unit of Local Government Rev. Feb. 19, 2020 Page 43 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 7, 2021 Action Required: Approval of Ordinance Change Presenter: Jason Vandever, City Treasurer Staff Contacts: Jason Vandever, City Treasurer Amanda Poncy, Bicycle and Pedestrian Coordinator Title: Electric Power-Assisted Bicycle License Change Background: In 2005 City Council passed an ordinance requiring any city-resident owner of a moped, electric personal-assistive mobility device, or electric power-assisted bicycle to purchase an annual license from the City of Charlottesville to operate such device. The license price was set at $25 a year. The relevant code section is Section 15-39. Discussion: While staff believes the annual license requirement for mopeds is still a valuable tool for enforcement, the license for electric personal-assistive mobility devices and electric power- assisted bicycles seems unnecessary and outdated. Additionally, there is no mechanism for enforcement, as the purchase of electric powered mobility devices and e-bikes is not reported to DMV or the City. Moped owners are required to title and register their vehicle at DMV, and the City license fee is paid in lieu of personal property tax. Removing the licensing restriction for e-bikes and mobility devices would encourage the use of e- bikes and decrease the cost and burden of ownership for City residents. Removing this registration requirement would also remove any burden for law enforcement officers to try to enforce this regulation by having to stop e-bike riders on City streets to verify registration. Staff is recommending an amendment to the City ordinance to remove the requirement for residents to license electric power-assisted bicycles and personal assistive mobility devices (these devices are defined as a self-balancing two-nontandem-wheeled device). Alignment with City Council’s Vision and Strategic Plan: This proposal aligns with the following City Council Strategic Plan Goals: • 3.3 Provide a variety of transportation and mobility options • Goal 2: Healthy and Safe City Page 44 of 141 Community Engagement: This issue was raised by several residents concerned about how the current ordinance was being enforced. After reviewing the ordinance, input was solicited from the City’s Traffic Engineering Division, Police Department, Bicylce and Pedestrian Coordinator, and the Bicycle & Pedestrian Advisory Committee. Budgetary Impact: None. No revenue is currently being collected for e-bike registrations. Recommendation: Approval of the ordinance change. Alternatives: Council could elect to decline approval of a change at this time. Attachments: Proposed ordinance change. Page 45 of 141 AN ORDINANCE AMENDING AND REORDAINING SECTION 15-39 OF ARTICLE II OF CHAPTER 15 (MOTOR VEHICLES AND TRAFFIC) BE IT ORDAINED by the Council for the City of Charlottesville, Virginia, that Section 15-39 of Article II of Chapter 15 of the Charlottesville City Code, 1990, as amended, is hereby amended and reordained, as follows: ARTICLE II – LOCAL VEHICLE LICENSE Sec. 15-39. - License required for mopeds, mobility devices, etc. (a) On or after August 1, 2005, it shall be unlawful for the city-resident owner of any moped, electric personal-assistive mobility device, or electric power-assisted bicycle to operate such vehicle or device, or permit its operation, unless the vehicle or device is currently licensed pursuant to the provisions of this section. For the purposes of this section the terms moped, electric personal assistive mobility device, and electric power-assisted bicycle shall mean and refer to the vehicles defined by those such terms within § 46.2-100 of the Virginia Code. Any such vehicles operated or parked on any city street and not displaying a current, valid license plate, sticker or decal issued by the city shall be reputably presumed to be operated in violation of this section. This licensing requirement shall not apply to any vehicles or devices owned by the city and operated by a public safety officer. Page 46 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 7, 2021 Action Requested: 1st of 2 Readings of Ordinance Presenter: Chris Cullinan, Director of Finance Lauren Hildebrand, Director of Utilities Staff Contacts: Chris Cullinan, Director of Finance Lauren Hildebrand, Director of Utilities Title: Proposed Utility Rate Report for FY2022 Background: The City of Charlottesville owns and operates public utilities for water, wastewater, natural gas, and stormwater. Utility services are essential on a daily basis to both individuals and to the entire community. Thoughtful, deliberate planning and sufficient financial resources ensure efficient and orderly maintenance and operation of these systems. This need for investment in our utility systems is not without cost, but our utility rates must also be balanced with the need for continued affordability for our customers. Each of the City’s utilities is accounted for separately as enterprise funds. Enterprise funds are operated on a self-supporting basis, meaning that each utility is required to cover the full costs of providing its service. The City’s utilities are funded solely through their rates and related fees and charges and are not subsidized with general tax revenues. The utilities do not operate on a for-profit basis. As such, utility rates are calculated annually to bring each fund to a break-even point; however, variable factors such as weather, usage, and number of customers may result in an unexpected and unanticipated operating surplus or deficit during any given year. If so, the surpluses or deficits are accounted for and remain within their respective utility fund. Due to the COVID pandemic, the City Council adopted budget for FY’21 was essentially flat by holding operating budgets at the same amounts that were approved for FY’20. Therefore there have been no changes in the utility rates since FY’20. The Department of Utilities was able to operate and maintain all essential utility services during the COVID pandemic by mitigating any operational expenses to stay within available revenues. Rivanna Water and Sewer Authority (RWSA), which provides the treatment services for the City, is one of the largest fixed cost elements for the water and wastewater budgets. For FY’21, RWSA held their rates steady and did not pass along any increase. Their budget increases were offset by available cash on-hand for FY’21. For FY’22, the rates for RWSA have increased and they are incorporated in the City’s proposed utility rates. Page 47 of 141 Discussion: Proposed Utility Rates and Monthly Service Charges for FY’22 The budgets for each of the utilities have been thoroughly examined for opportunities to minimize costs without sacrificing service. Based on the revenue requirements needed to operate and maintain each utility and the above recommendations, the City is proposing the following rates in the water, wastewater, and gas utility:  $60.65/1,000 cubic feet (cf) of water (average annual composite rate of seasonal rates),  $81.34/1,000 cf of wastewater, and;  $81.84/8,000 cf of natural gas. In addition, the proposed Monthly Service Charges for Water and Wastewater are as follows: Water Meter Size Water Wastewater (in inches) 5/8 $5.50 $5.50 1 $13.75 $13.75 1 1/2 $27.50 $27.50 2 $44.00 $44.00 3 $88.00 $88.00 4 $137.50 $137.50 6 $275.00 $275.00 14 $1,801.25 $1,801.25 There is no change to the Monthly Service Charge for Gas. For the stormwater utility, there are minimal changes to the budget and stormwater fees are proposed to remain unchanged for the coming year at $1.20 per 500 square feet of impervious surface. Impact on Average Customer Utility customers continue to conserve water and natural gas, which is both good for the environment and for their utility bill. The average residential water customer is using 400 cubic feet (cf) per month. Similarly, the average residential gas customer is using 4,600 cf. Based on these usage figures and the proposed utility rates, the average residential customer is projected to spend the following per month: Page 48 of 141 Current Proposed Service (based on rates adopted Change Percent (Effective 7/1/21) 7/1/19) Water¹ $27.61 $29.76 $2.15 7.79% Wastewater¹ $37.06 $38.04 $0.98 2.64% Natural Gas¹ $50.85 $50.60 -$0.25 -0.49% Stormwater² $5.86 $5.86 $0 0% TOTAL $121.38 $124.26 $2.88 2.37% (1) Rates include monthly service charge. (2) The budget impact shown reflects a residential monthly average fee and provides consistency with other utilities. Stormwater fees are rounded to the next whole billing unit and are billed to property owners biannually. For City residential customers who receive water, wastewater, stormwater and natural gas (approximately 87% of City residents), their total utility bill is projected to rise by $2.88 per month, or 2.37%. For residential customers who receive just water, wastewater and stormwater service, their utility bill will increase by $3.13 per month, or 4.44%. The proposed rate report can be found at https://www.charlottesville.gov/602/Utility-Billing. Alignment with City Council’s Vision and Strategic Plan: City Utilities operations supports City Council’s “A Green City” vision. It contributes to the Strategic Plan’s Objectives:  3.2 - To provide reliable and high-quality infrastructure,  3.4 - Be responsible stewards of natural resources,  5.1 - Integrate effective business practices and strong fiscal policies. Community Engagement: The public hearing is being held at tonight’s Council meeting to establish the rates for City utility services (water, sanitary sewer, natural gas and stormwater). These rates would be effective as of July 1, 2021, if approved by Council on June 21, 2021. The notice for the public hearing was advertised in the newspaper during the weeks of May 24, 2021 and May 31, 2021. Budgetary Impact: The Utility Funds (water, wastewater, and natural gas) are self-sustaining enterprise funds that are supported by the revenues from customers’ usages. The stormwater fee is based on the impervious surface of the property. Note: The approval of the utility rates has no impact on the General Fund. Recommendation: Staff recommends approval of the proposed rates. Page 49 of 141 Alternatives: Maintaining existing rates for water and wastewater would result in a loss within the Water and Wastewater Enterprise Funds. Keeping FY2020 gas rates will also result in a loss within the gas utility. This, in turn, would deplete available fund balances for water, wastewater and natural gas, which would violate the City’s long term financial policies by not meeting the working capital requirements. If the utilities are not self-sustaining, the funds would either require subsidies from other City funds to maintain levels-of-service or reduced reliability and performance of the utility systems. Attachments: Ordinance At a Glance Utilities Operations Overview Page 50 of 141 AN ORDINANCE AMENDING AND REORDAINING CHAPTER 31 (UTILITIES) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, TO ESTABLISH NEW UTILITY RATES AND SERVICE FEES FOR CITY GAS, WATER AND SANITARY SEWER. BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that: 1. Sections 31-56, 31-57, 31-60, 31-61, 31-62, 31-153, 31-156 and 31-158 of Chapter 31, of the Code of the City of Charlottesville, 1990, as amended, are hereby amended and reordained as follows: CHAPTER 31. UTILITIES ARTICLE II. GAS DIVISION 2. TYPES OF SERVICE; SERVICE CHARGES Sec. 31-56. Rates - Generally. The firm service gas rates based on monthly meter readings shall be as follows: Basic Monthly Service Charge $ 10.00 First 3,000 cubic feet, per 1,000 cubic feet $9.0706 $8.9908 Next 3,000 cubic feet, per 1,000 cubic feet $8.5264 $8.5198 Next 144,000 cubic feet, per 1,000 cubic feet $7.6193 $8.0489 All over 150,000 cubic feet, per 1,000 cubic feet $7.4379 $7.5779 Sec. 31-57. Air conditioning. (a) Gas service at the rate specified in this paragraph (“air conditioning rate”) shall be available to customers who request such service in writing and who have installed and use air conditioning equipment operated by natural gas as the principal source of energy. The air conditioning rate will be $7.4271 $7.3421 per one thousand (1,000) cubic feet of gas used per month. (b) The director of finance may, when it is impracticable to install a separate meter for air conditioning equipment, permit the use of one (1) meter for all gas delivered to the customer, in which instance the director of finance shall estimate the amount of gas for uses other than air conditioning and shall bill for such gas at the rates provided in applicable sections of this division. ... 1 Page 51 of 141 Sec. 31-60. Interruptible sales service (IS). (a) Conditions. . . . (b) Customer's agreement as to discontinuance of service. . . . (c) Basic monthly service charge. The basic monthly charge per meter for interruptible sales service (“IS gas”) shall be sixty dollars ($60.00). (d) Rate. For all gas consumed by interruptible customers the rate shall be $7.3874 $7.2178 per one thousand (1,000) cubic feet for the first six hundred thousand (600,000) cubic feet, and $6.5720 $6.6937 per one thousand (1,000) cubic feet for all volumes over six hundred thousand (600,000) cubic feet. (e) Annual Minimum Quantity. Interruptible rate customers shall be obligated to take or pay for a minimum quantity of one million two hundred thousand (1,200,000) cubic feet of gas annually. Each year, as of June 30, the director of finance shall calculate the total consumption of each interruptible customer for the preceding twelve (12) monthly billing periods, and shall bill any customer that has consumed less than the minimum quantity for the deficient amount at the rate of $7.3874 $7.2178 per one thousand (1,000) cubic feet. Any new customer shall be required to enter into a service agreement with the City prior to the start of service. If an interruptible customer terminates service the annual minimum requirement shall be prorated on the basis of one hundred thousand (100,000) cubic feet per month for each month the customer has received service since the last June 30 adjustment. (f) Contract required. . . . Section 31-61. Interruptible Transportation Service (TS). (a) Generally. ... (b) Rates. The rates for interruptible transportation service (“TS gas”) shall be as follows: (1) $3.2293 $2.6462 per decatherm for a customer receiving only TS gas, and (2) $1.8842 $1.5877 per decatherm, for customers who transport 35,000 or more decatherms per month (“large volume transportation customers”), regardless of whether such large volume transportation customer receives only TS gas, or also receives IS service. (c) Basic Monthly Service Charges. … (d) Special terms and conditions. … 2 Page 52 of 141 (e) Extension of facilities. . . . (f) Billing month. . . . (g) Lost and unaccounted-for gas. . . . (h) Combined IS and TS customer using more than provided or scheduled by customer.... (i) TS Customer providing more gas, or less gas, than customer’s usage. … (j) Other terms and conditions. . . . Section 31-62. Purchased gas adjustment. In computing gas customer billings, the basic rate charges established under sections 31-56, 31-57, 31-60 and 31-61 shall be adjusted to reflect increases and decreases in the cost of gas supplied to the city. Such increases or decreases shall be computed as follows: (1) For the purpose of computations herein, the costs and charges for determining the base unit costs of gas are: a. Pipeline tariffs; b. Contract quantities; and c. Costs of natural gas, in effect or proposed as of March 1, 2019 April 1, 2021. (2) Such base unit costs are $4.2810 per one thousand (1,000) cubic feet for firm gas service and $2.8498 per one thousand (1,000) cubic feet for interruptible gas service. (3) In the event of any changes in pipeline tariffs, contract quantities or costs of scheduled natural gas, the unit costs shall be recomputed on the basis of such change in accordance with procedures approved by the city manager. The difference between the unit costs so computed and the base unit costs shall represent the purchased gas adjustment to be applied to all customer bills issued beginning the first billing month after each such change. ARTICLE IV. WATER AND SEWER SERVICE CHARGES ... Sec. 31-153. Water rates generally. (a) Water rates shall be as follows: (1) Monthly service charge. 3 Page 53 of 141 Water Meter Size (inches) Fee 5/8 $5.00 $5.50 3/4 $5.00 $5.50 1 $12.50 $13.75 1 1/2 $25.00 $27.50 2 $40.00 $44.00 3 $80.00 $88.00 4 $125.00 $137.50 6 $250.00 $275.00 14 $1637.50 $1801.25 May-September October-April (2) Metered water consumption, per 1,000 cu. ft. $65.31 $70.08 $50.24 $53.91 (b) This section shall not apply to special contracts for the consumption of water which have been authorized by the city council. ... Sec. 31-156. Sewer service charges generally. (a) Any person having a connection directly or indirectly, to the city sewer system shall pay therefor a monthly charge as follows: (1) Monthly service charge Water Meter Size (inches) Fee 5/8 $5.00 $5.50 3/4 $5.00 $5.50 1 $12.50 $13.75 1 1/2 $25.00 $27.50 2 $40.00 $44.00 3 $80.00 $88.00 4 $125.00 $137.50 6 $250.00 $275.00 14 $1637.50 $1801.25 (2) An additional charge of eighty dollars and fourteen cents ($80.14) eighty one dollars and thirty-four cents ($81.34) per one thousand (1,000) cubic feet, of metered water consumption. (b) Any water customer not discharging the entire volume of water used into the city's sanitary sewer system shall be allowed a reduction in the charges imposed under this section, provided such person installs, at his expense, a separate, City-approved water connection to record water which will not reach the City sewer system. The cost and other terms of City Code 4 Page 54 of 141 section 31-102 shall apply. For customers with monthly water consumption in excess of thirty thousand (30,000) cubic feet, where the director of finance considers the installation of a separate meter to be impracticable, the director may establish a formula which will be calculated to require such person to pay the sewer charge only on that part of the water used by such person which ultimately reaches the city sewers. 2. The foregoing amendments shall become effective July 1, 2021. 5 Page 55 of 141 At A Glance L O T T E SV FY2022 CH A R I LL City of Charlottesville 62- E -VI R Utility Rate Report G I NIA - 1 7 The following material provides a brief summary of the rate and fee recommendations for water, wastewater, stormwater, and natural gas for FY2022. All rates will go into effect July 1, 2021. For a thorough explanation and details of the recommendations, please consult the Utility Rate Report FY2022. The table below illustrates the monthly impact on an average City residential customer using 400 cubic feet (cf) of water and wastewater, owning a property with approximately 2,440 square feet of impervious surface, and using 4,600 cf of gas. This information is based on utility rates and charges adopted July 1, 2019 and proposed FY 2022 rates and charges. There was no rate increase for any utilities July 1, 2020. Specific changes to each utility’s rate are discussed in this report. Current Proposed Based on rates Effective 7/1/21 Change Percent adopted 7/1/19 Water 1 $27.61 $29.76 $2.15 7.79% Wastewater 1 $37.06 $38.04 $0.98 2.64% Gas 1 $50.85 $50.60 ($0.25) -0.49% Stormwater 2 $5.86 $5.86 $0 0% Total $121.38 $124.26 $2.88 2.37% (1) Rates include monthly service charge (2)The budget impact shown reflects a residential monthly average fee and provides consistency with other utilities. Stormwater fees are rounded to the next whole billing unit and are billed to property owners biannually. Water Rates Where your Water Dollar goes ... FY’ 22 Budget $13,904,929 $0.49 $0.29 $0.20 $0.02 RWSA (PURCHASE OF DRINKING WATER) CITY OPERATIONS AND MAINTENANCE CITY DEBT SERVICE CUSTOMER SERVICE (INFRASTRUCTURE) & BILLING Usage Rate Water rates are proposed to increase by $4.13 per 1,000 cf based on the amount of water used which is a 7.30% increase Page 56 of 141 Impact on the Customer The impact on a customer’s bill will depend on how much water is consumed. The average single-family household uses 400 cf/month (2,992 gallons/month; approximately 100 gallons/day). To the extent an individual customer’s usage differs from the average will determine the impact of the proposed rate on their bill. The table below shows the monthly impact on water customers at different amounts of usage. Current Current Proposed Proposed $ % Water Composite Water Water Usage Composite Water Water Usage Used/Month (cf) Rate/1,000 cf Charge/month Rate/1,000 cf Charge/month Change Change Minimal User (10th Percentile) 140 $56.52 $7.91 $60.65 $8.49 $0.58 7.31% Small User (25th Percentile) 250 $56.52 $14.13 $60.65 $15.16 $1.03 7.29% Median User (50th Percentile) 400 $56.52 $22.61 $60.65 $24.26 $1.65 7.30% Large User (75th Percentile) 610 $56.52 $34.48 $60.65 $37.00 $2.52 7.31% High Volume User (90th Percentile) 880 $56.52 $49.74 $60.65 $53.37 $3.63 7.30% Wastewater Rates Where your Wastewater Dollar goes ... FY’ 22 Budget $16,059,081 $0.56 $0.23 $0.19 $0.02 RWSA (PURCHASE OF WASTEWATER TREATMENT) CITY OPERATIONS AND CITY DEBT SERVICE CUSTOMER SERVICE MAINTENANCE (INFRASTRUCTURE) & BILLING Usage Rate Wastewater usage rates are proposed to increase by $1.20 per 1,000 cf based on the amount of water used which is a 1.50% increase. Impact on the Customer The impact on a customer’s bill will depend on how much water is consumed. The average single-family household uses 400 cf/month (2,992 gallons/month; approximately 100 gallons/day). To the extent an individual customer’s usage differs from the average will determine the impact of the proposed rate on their bill. The table below shows the monthly impact on wastewater customers at different amounts of usage. Current Current Proposed Proposed $ % Water Wastewater Wastewater Wastewater Wastewater Used/Month (cf) Rate/1,000 cf Usage Rate/1,000 cf Usage Change Change Minimal User (10th Percentile) 140 $80.14 $11.22 $81.34 $11.39 $0.17 1.50% Small User (25th Percentile) 250 $80.14 $20.04 $81.34 $20.34 $0.30 1.50% Median User (50th Percentile) 400 $80.14 $32.06 $81.34 $32.54 $0.48 1.5% Large User (75th Percentile) 610 $80.14 $48.89 $81.34 $49.62 $0.73 1.49% High Volume User (90th Percentile) 880 $80.14 $70.52 $81.34 $71.58 $1.06 1.50% City of Charlottesville Utility Rate Report FY 2022 02 Page 57 of 141 Water & Wastewater Monthly Service Charge The monthly service charge for water and wastewater is proposed to change. The monthly service charge will increase to $5.50 for water and $5.50 for wastewater for a 5/8”meter. The proposed combined monthly service charges for water and sewer are as follows: Water Meter Size Current Proposed $ Change (in inches) 5/8 $ 10.00 $ 11.00 $1.00 1 $ 25.00 $ 27.50 $2.50 1 1/2 $ 50.00 $ 55.00 $5.00 2 $ 80.00 $ 88.00 $8.00 3 $ 160.00 $176.00 $16.00 4 $ 250.00 $ 275.00 $25.00 6 $ 500.00 $ 550.00 $50.00 14 $ 3,267.00 $ 3,602.50 $335.50 Stormwater Rates Where your Stormwater Dollar goes ... FY’ 22 Budget $3,519,781 $0.43 $0.31 $0.23 $0.03 CAPITAL IMPROVEMENTS PROJECTS CITY OPERATIONS AND MAINTENANCE SALARIES DEBT SERVICE Stormwater rates are proposed to remain constant for the coming year at $1.20 per 500 square feet of impervious surface (or part thereof) per month. Stormwater fees are billed concurrently with real estate tax assessments and are due in June and December. Modernize and maintain infrastructure integrity while pursuing environmental stewardship. As part of the larger Water Resources Protection Program (WRPP), the City has adopted a stormwater utility fee to provide a dedicated and stable source of funding for stormwater management activities. Funds received are used to help the City comply with federal and state stormwater regulations, rehabilitate the City’s aging stormwater infrastructure, address drainage and flooding problems, and pursue environmental stewardship. Impact on the Customer The stormwater utility fee is charged to property owners based on the amount of impervious area on their property (areas covered by hard surfaces, such as: buildings, concrete, gravel, etc.). An example fee calculation is provided below: Example Fee Calculation - Total impervious area (house and driveway): 2,100 SF - Divide by 500 square feet: 2,100 / 500 = 4.2 billing units - Round to the next whole number: 4.2 rounds to 5 billing units - Multiply the number of billing units by the rate ($1.20 per billing unit per month) to determine annual fee: 5 x $1.20 x 12 = $72 annual fee, billed $36 due in June and December City of Charlottesville Utility Rate Report FY 2022 03 Page 58 of 141 Gas Rates Where your Natural Gas Dollar goes ... FY’ 22 Budget $27,672,851 $0.40 $0.35 $0.15 $0.05 $0.05 PURCHASE OF GAS (BP) CITY OPERATIONS AND MAINTENANCE PAYMENT IN LIEU CAPITAL IMPROVEMENT CUSTOMER SERVICE OF TAXES (PILOT) PROJECTS & BILLING Usage Rate Gas rates are proposed to slightly decrease for the minimal and average residential natural gas customer. However, large and high volume residential rates are proposed to increase by 3.4% and 4.85% respectively. Impact on the Customer The impact on a customer’s bill will depend on the volume of gas that the customer uses. The average single family household uses 4,600 cubic feet of natural gas per month. The table below shows the monthly impact on gas customers at different amounts of usage. Gas Used Current Monthly Gas Bill Proposed Monthly $ Change % Change (cf per month) based on rates adopted 7/1/20 Gas Bill Minimal User 4,000 $45.74 $45.49 ($0.25) -0.55% Average User 4,600 $50.85 $50.60 ($0.25) -0.49% Large User 20,000 $169.46 $175.23 $5.77 3.40% High Volume User 60,000 $474.21 $497.23 $23.02 4.85% The base rate is set on July 1st each year. This base rate is calculated using the cost of gas at that time. However, gas is purchased throughout the year and the cost per cubic foot of natural gas varies by month due to various factors (weather, economics, etc) which are hard to predict. The purchased gas adjustment (PGA) acts as a “true up” to account for the differences between the current market cost of gas and the base rate. This ensures that customers are not over or underpaying and that the City is not over or under collecting. Gas Used Recent Monthly Gas Bill Proposed Monthly Gas $ Change % Change (cf per month) with April 2021 PGA Bill with April 2021 PGA Minimal User 4,000 $47.35 $47.10 ($0.25) -0.53% Average User 4,600 $52.71 $52.45 ($0.26) -0.49% Large User 20,000 $177.51 $183.25 $5.74 3.23% High Volume User 60,000 $498.37 $521.26 $22.89 4.59% City of Charlottesville Utility Rate Report FY 2022 04 Page 59 of 141 Utilities L O T T E SV CH A R I LL Operations Overview 62- E -VI R G I NIA - 1 7 FY22 The Charlottesville Department of Utilities provides the Charlottesville community with safe and reliable natural gas, drinking water, and wastewater services at a reasonable cost in an environmentally responsible manner. Core Programs & Services Department-Wide • Utility Location Oversight • Emergency Operations Protecting infrastructure & critical facilities, Emergency response to water and gas leaks as including utility locating: 15,968 tickets in 2020. well as sewer backups. Over 550 leaks checked • 24/7 Utilities Call Center per year. The Utilities Call Center handles • GIS Mapping and Maintenance approximately 25,000 calls per year. 209,695 feet of utility lines entered or updated • Customer Service and 1,033 CCTV videos cataloged last year. Last year, we processed 7,435 Move-ins and 7,220 Move-outs. • Meter Reading and Maintenance We perfomed 439,253 meter readings including • Development Site Plan Review 2,334 implausible meter readings and 1,204 ERT Our engineers reviewed and followed the replacements in 2020. implementation of 158 site plans in 2020. Customer Satisfaction Customer Ratings Experience Interacting with Utilities Department Staff (% Satisfied)* Politeness & Staff knowledge and technical Overall responsiveness to your courteousness of staff competence requests, questions, or concerns 97% 97% 95% Satisfied & Satisfied & Satisfied & Neutral Neutral Neutral *Department of Utilities Customer Satisfaction Survey - SurveyMonkey – February, 2021 Page 60 of 141 Water Distribution & Wastewater Collection Water & Wastewater by numbers 14,800 4.54 million 184 miles 172 miles 9,193* CUSTOMERS GALLONS OF WATER OF WATER OF WASTEWATER WORK ORDERS SERVED SOLD DAILY MAINS MAINS COMPLETED * BASED ON 2020 CALENDAR YEAR Water Quality Highlights • The quality of our drinking water meets and exceeds all regulatory requirements and expectations for safety and reliability. • Cross-contamination: -- The situation in which water flows in a direction that is opposite from the intended flow is called backflow and presents a serious hazard to our water supply. -- The City’s Department of Utilities currently maintains inspection records for Granular Activated Carbon (GAC) 850 backflow devices in an effort to protect and provide the highest quality treatment providing superior water to the City residents. quality water to our community. Water Loss Prevention Highlights • Meter testing and replacement program: -- 48 large water meters have been replaced in 2020 and over 323 since the program’s inception. • Annual system-wide leak detection survey: -- In 2020, 6 leaks totalling 141,120 GPD were detected and repaired. • “Low Flow” ultrasonic meter installation: -- Accurately measures low flow rates. Water & Wastewater Asset Management Highlights • Water main replacement program: -- 5,915 linear feet in 2020 and 92,213 linear feet of water mains have been replaced since 2010 or 9.5% of the entire water system. • Water service line replacement: -- 3,245 linear feet in 2020 and 42,240 linear feet of water services have been replaced since 2010 or 15% of the City-owned water services. • Wastewater main rehabilitation program: -- 4,213 linear feet of wastewater main were rehabilitated or replaced in 2020 and over 245,500 linear feet of main have been rehabilitated or replaced since the program’s inception in 2009 or 27% of the wastewater system. • Manhole rehabilitation or replacement: -- 1,145 manholes have been rehabilitated or replaced since the program’s inception or 19% of the City’s wastewater manholes. 02 Utilities City of Charlottesville Page 61 of 141 Fats, Oils, and Grease Program Highlights • The City of Charlottesville prohibits the discharge of fats, oils, and grease (FOG) down the drain into the City’s wastewater system. • The City of Charlottesville maintains an active FOG program that routinely inspects and advises best management practices to over 300 city food service establishments on an annual basis on how to properly dispose of FOG. • We provide FOG Kits to residents to help properly dispose fats, oils, and grease from cooking. Reliability of water service to Reliability of your sanitary sewer Customer Satisfaction your home service In our recent Utilities Customer Satisfaction Survey, our customers show high levels of 99% 98% satisfaction with the dependability of our services. Satisfied & Satisfied & Neutral Neutral Rate the value that you pay for Rate the value that you pay for your water service your sewer service 92% 83% Also in this survey, the vast majority of our customers rated the value of their Excellent / Excellent/ water and sewer service as fair and Good / Fair Good / Fair above (good and excellent). Stormwater CIP Stormwater Improvements Highlights • Utilities has had an active Stormwater Conveyance System Rehabilitation Program since 2010. • Stormwater rehabilitation program: -- 5,235 linear feet of stormwater main rehabilitated or replaced in 2020 and 65,000 linear feet rehabilitated or replaced or 9.1% of the system since the program’s inception. • Structure rehabilitation or replacement: -- 433 structures rehabilitated or replaced since the program’s inception or 5% of the system‘s storm structures. 03 Utilities City of Charlottesville Page 62 of 141 Gas System Natural Gas by numbers 20,900 340 miles 298 miles 36 12,164* CUSTOMERS GAS MAIN GAS SERVICE REGULATOR WORK ORDERS SERVED LINES LINES STATIONS COMPLETED * BASED ON 2020 CALENDAR YEAR Greenhouse Gas Reduction Strategy Adoption of a two-pronged strategy to help reduce greenhouse gas emissions (GHG) in our community due to natural gas usage: • Energy-efficiency programs to reduce natural gas usage per household. • Carbon offset program invests in environmental improvement projects that Could your home use an extra blanket this winter? help counterbalance our greenhouse gas emissions. Energy-efficiency programs: 21,000 More than • Popular energy-efficiency rebates includes $100 Programable Thermostat, area homes are potentially under insulated. Is yours? $200 Tankless Water Heater and $200 Attic Insulation Rebates. • Charlottesville Gas Energy Efficiency Program (CGEEP) program offering Resources are available to help keep it bundled-up! The City of Charlottesville has partnered with LEAP to provide resources to residents for home energy improvements. New for 2019 is the Charlottesville Gas Energy Efficiency Program (CGEEP). This program energy efficiency upgrades at no cost to income-qualified households. provides energy-efficiency upgrades at no-cost to income-qualified households, and will increase home energy efficiency, reduce living expenses, and enhance overall household comfort and condition. www.charlottesville.org/cgeep -- Since its launch, 84 gas customers have benefited from the program. Of the total CGEEP recipients, 70% were Charlottesville homeowners, and 75% had at least one family member age 60 years or older living in the same household. -- To date, the Charlottesville Department of Utilities has invested $112,636 in the CGEEP program. Carbon offset program: • This program allows Utilities to invest in various carbon sequestration projects all around the world. -- From reforestation projects in the Peruvian Amazon to capturing agricultural methane on large farms in the Midwest, this program allows Utilities to move toward carbon neutrality by 2050. In our recent Utilities Customer Satisfaction Survey, our customers show high levels of satisfaction with access to gas service, value of natural gas and support of the implementation of carbon offset programs. How important is it to have gas Rate the value that you pay for Would you support the implementation of available to your home? your gas service Carbon Offset programs for your gas service? 92% 93% 91% Extremely/Very Excellent / Support it* Important Good / Fair *46% of respondents support the implementation without reservation, and 45% would support carbon offset programs as long as they do not increase gas rates. 04 Utilities City of Charlottesville Page 63 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Resolution to Appropriate Presenter: Kaki Dimock, Director, Human Services Staff Contacts: Kaki Dimock, Director, Human Services Title: Amended COVID Homelessness Emergency Response Program (C.H.E.R.P.) Grant Award - $201,120 Background: The Department of Human Services in coordination with the Thomas Jefferson Area Coalition for the Homeless (T.J.A.C.H.) and the Service Provider Council (S.P.C.), applied for and received a grant from the Virginia Department of Housing and Community Development. The orginial COVID Supplement for the Virginia Housing Solutions Program award of $283,742 was granted and then amended to a total of $806,594 and the contract period extended to September 20, 2022. An additional $201,120 has been provided in a second amended award. This portion of the C.H.E.R.P. award may be spent during the period of January 1, 2021 through December 31, 2021 and must be used for noncongregate emergency shelter operation expenses and related administrative expenses. Discussion: The City of Charlottesville has staff from the departments of Human Services and Social Services taking leadership roles in the governance of T.J.A.C.H. The grant provides services in several points along the local continuum of services including emergency shelter, rapid re- housing, and system coordination. Community Engagement: This grant and plan are the product of extensive engagement of the service provider community for persons experiencing homelessness. This partnership is reflective of the new governance model for T.J.A.C.H. and the priority requests of the Interfaith Movement Promoting Action by Congregations Together (IMPACT). Alignment with City Council’s Vision and Strategic Plan: This grant advances the City of Charlottesville’s Strategic Plan Goal #1 of an inclusive community of self-sufficient residents. Specifically, it will facilitate the objective of increasing affordable housing options. Page 64 of 141 Budgetary Impact: There is no budget impact for the City of Charlottesville. This grant will be entirely Federal pass-through funds and no local match is required. All funds will be distributed to sub-recipients for service provision. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: Council may elect to not accept the funds and the community will not have the capacity to administer the following services to persons experiencing a housing crisis:. Emergemcy low- barrier shelter, rapid rehousing, coordination and administration. Attachments: Appropriation & Contract Documents Page 65 of 141 RESOLUTION APPROPRIATING FUNDS FOR COVID Homelessness Emergency Response Program (C.H.E.R.P.) Grant Amendment $201,120 WHEREAS, The City of Charlottesville, through the Department of Human Services, has received the C.H.E.R.P. Grant from the Virginia Department of Housing and Community Development in the amount of $201,120. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville,Virginia that the sum of $201,120 is hereby appropriated in the following manner: Revenues $201,120 Fund: 209 IO: 1900401 G/L: 430120 Federal Pass Thru Expenditures $201,120 Fund: 209 IO: 1900401 G/L: 530550 Contracted Services BE IT FURTHER RESOLVED, that this appropriation is conditioned upon receipt of $201,120 in funds from the Virginia Department of Housing and Community Development. Page 66 of 141 GRANT AMENDMENT COVID Homelessness Emergency Response Program Funding Program Year 2020 - 2022 20-CHERP-008 This Amendment documents that the following language in the Program Year 2020-2022 grant agreement has changed. Original Language This Grant Agreement is made by and between the Virginia Department of Housing and Community Development (“DHCD”), and City of Charlottesville (“Grantee”) for the period of April 2, 2020 to September 20, 2022 in the amount of $836,380. Included in this amount are the following:  $0 in state funds to support emergency shelter operations and administrative expenses from April 2, 2020 to December 30, 2020.  $806,594 in federal funds to support emergency shelter operations, targeted prevention, rapid re-housing, and administrative activities from April 2, 2020 to September 20, 2022.  $29,786 in federal funds to support HMIS activities from April 2, 2020 to September 20, 2022. Amended Language This Grant Agreement is made by and between the Virginia Department of Housing and Community Development (“DHCD”), and City of Charlottesville (“Grantee”) for the period of April 2, 2020 to September 20, 2022 in the amount of $1,037,500. Included in this amount are the following:  $0 in state funds to support emergency shelter operations and administrative expenses from April 2, 2020 to December 30, 2020.  $806,594 in federal funds to support emergency shelter operations, targeted prevention, rapid re-housing, and administrative activities from April 2, 2020 to September 20, 2022.  $29,786 in federal funds to support HMIS activities from April 2, 2020 to September 20, 2022.  $201,120 in state funds from the Virginia Housing Trust Fund to support non- congregate emergency shelter operations and administrative expenses from January 1, 2021 to December 31, 2021. 2020-2022 CHERP Grant Agreement 1 of 2 Page 67 of 141 The Agreement is hereby executed by the parties on the date set forth below their respective signatures as follows: Virginia Department of Housing and Community Development Pamela G. Kestner, Acting Deputy Director 4/29/21 Date City of Charlottesville Signature Name (printed or typed) Title Date 2020-2022 CHERP Grant Agreement 2 of 2 Page 68 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Resolution to Appropriate Presenter: Kaki Dimock, Director, Department of Human Services Staff Contacts: Kaki Dimock, Director, Department of Human Services Title: Virginia Department of Criminal Justice Services Victims of Crime Act Grant Award - $343,371 Background: The Virginia Department of Criminal Justice Services has awarded the Department of Human Services $343,371 from its Victims of Crime Act (VOCA) program to provide trauma-focused, evidence-informed case management and clinical services. This is the second two –year award received for this programming which operates from July 1, 2021 through June 30, 2023. Discussion: The City of Charlottesville’s Department of Human Services’ Evergreen Program will increase access to trauma-informed intervention for victims within schools as well as low-wealth neighborhoods, expand access to mental health services for victims, and support behavioral interventionist positions serving victims of crime. Funds will be used to hire one school-based and one neighborhood based behavioral interventionist, who will provide trauma and need assessments, service planning and delivery, coordination with other providers, and case management to up to thirty child victims each year. The school-based interventionist will serve students at Buford Middle School while the neighborhood-based interventionist will focus their effort in the S. First Street, 6th Street SE, and Ridge Street neighborhoods. Both Behavioral interventionists will be trained in youth development, trauma-supportive care, and anti-racism. In addition to these individualized services, the interventionists will offer the evidence-based Girls Circle and the research-based Council for Boys and Young Men curricula at least twice annually. These trauma-informed programs, from the One Circle Foundation, have proven effective in supporting child victims, by improving skills development, self-efficacy, school engagement, and positive school climate. Given that children are at a greater risk of being a victim of crime during the hours after school, neighborhood-based programming will include an after-school ‘club model.’ Programming will focus on pro-social and enrichment activities to support children such as community service, dance, art, yoga, culinary arts and basketball to take place at community centers within the footprint. The Evergreen Club will provide safe, Page 69 of 141 structured, supervised activities for children and families that reduce barriers to participation, provide access to healthy outlets, and strengthen community connections. Alignment with City Council’s Vision and Strategic Plan: This project is strongly aligned with City Council’s Strategic Plan Goal #2: Healthy and Safe City; specifically Goal #2.2: meet the needs of victims and reduce risk of recurrence. Community Engagement: Community partners, including Charlottesville City Schools, were critical in the development of the original grant proposal to the Virginia Department of Criminal Justice Services. Families and youth involved in the first year of programming have helped influence its development. Budgetary Impact: There is no additional impact to the City of Charlottesville. Of the total grant award $274,697 will be appropriated from the state as federal pass through funds, and the local match of $68,674 will come from previously appropriated Department of Human Services funding. Recommendation: Staff recommend appropriating the funds as written. Alternatives: If grant funds are not appropriated, trauma-focused, evidence-informed services for victims of crime will not be provided. Attachments: Appropriation Page 70 of 141 RESOLUTION APPROPRIATING FUNDS FOR Charlottesville Student Victim Outreach Program Department of Criminal Justice Services Victim of Crimes Act Grant $343,371 WHEREAS, the Human Services Department of the City of Charlottesville has been awarded $343,371 from the Department of Criminal Justice Services Victim of Crimes Act, and WHEREAS, the grant award covers the period from July 1, 2021 through June 30, 2023. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $343,371 is hereby appropriated in the following manner: Revenue – $274,697 $274,697 Fund: 209 Cost Center: 3413018000 G/L Account: 430120 $68,674 Fund: 209 Cost Center: 3413018000 G/L Account: 498010 Expenditures - $274,697 $274,697 Fund: 209 Cost Center: 3413018000 G/L Account: 519999 $68,674 Fund: 209 Cost Center: 3413018000 G/L Account: 599999 Transfer - $68,674 $68,674 Fund: 213 Cost Center: 341300300 G/L Account: 561209 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $274,697 from the Virginia Department of Criminal Justice Services. Page 71 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Approve appropriation resolution Presenter: Sue Moffett, Director, Department of Social Services Staff Contacts: Jenny Jones, Chief of Family Services, Department of Social Services Title: Department of Justice, Office of Justice Programs Grant for Charlottesville Albemarle Family Treatment Court Expanded Services - $827,973 Background: The Charlottesville-Albemarle Family Treatment Court (FTC) serves parents or guardians struggling with substance use disorders who have a child or children at risk of or removed from the home. The FTC was established in 2004 and is a collaborative partnership between Charlottesville Albemarle Juvenile and Domestic Relations Court, Charlottesville Department of Social Services, Albemarle Department of Social Services, Piedmont Court Appointed Special Advocates and Region Ten Community Services Board) in October 2018. The project has been awarded additional grant funding from the Office of Juvenile Justice and Delinquency Prevention to expand services and increase staff training. Discussion: The Department of Justice, Office of Justice Programs funding will expand the capacity of the FTC treatment and case management, decrease the length of wait time for an assessment and initiation of evidence-based substance abuse treatment, and add peer recovery support services. The expanded project will also establish a process to more effectively and efficiently address basic needs and barriers to treatment which negatively impact participant success. Finally, the project will increase program staff training for ongoing development and to better meet National FTC Best Practice Standards. The expanded project will increase the overall success of our participants in reaching their goals of sustaining long-term sobriety and healthy, safe family functioning, and will increase program retention and graduation rates. Alignment with City Council’s Vision and Strategic Plan: This appropriation request is aligned with the City Council’s vision, which includes being flexible and progressive in anticipating and responding to the needs of our citizens Page 72 of 141 Community Engagement: The Department of Social Services in collaboration with the partners listed above, is working to meet the needs of families in our community who struggle with substance abuse and who are involved in the child welfare system. Budgetary Impact: There is no budgetary impact to the City. No City funds are required or being requested as this is a pass through grant that does not require a City match. These funds will be budgeted and expended in a grants fund. Recommendation: Staff recommends approval and appropriation of these funds. Alternatives: We will continue to purchase services for FTC participants and will not be able to expand or enhance the program. Attachments: Resolution Page 73 of 141 RESOLUTION APPROPRATING FUNDS FOR Department of Justice Office of Justice Programs Grant for Charlottesville Albemarle Family Treatment Court (FTC) Program Expanded Services $827,973 WHEREAS, the Charlottesville Department of Social Services has received $827,973 in grant funding from the Department of Justice, Office of Justice Programs for expanded services for the Charlottesville Albemarle Family Treatment Court; WHEREAS, the grant award covers the period October 1, 2020 through September 30, 2023. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $827,973 is hereby appropriated in the following manner: Revenue-$827,973 Fund: 211 Internal Order: 1900415 G/L Account: 431110 Expenditures-$827,973 Fund: 211 Internal Order: 1900415 G/L Account: 530550 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon receipt of $827,973 in funds from Department of Justice, Office of Justice Programs. Page 74 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Actions Required: Appropriation of Funding Presenter: Holly Bittle, Budget Analyst, Charlottesville Police Department Staff Contacts: RaShall Brackney, Chief, Charlottesville Police Department Holly Bittle, Budget Analyst, Charlottesville Police Department Title: FY21 Virginia Department of Criminal Justice Services Body-Worn Camera Grant - $100,000 Background: The Virginia Department of Criminal Justice Services (DCJS) has awarded the City of Charlottesville, through the Police Department, a one-time Body-Worn Camera Grant for the purchase, operation, and maintenance of body-worn camera systems for law enforcement agencies. The 2020 Virginia General Assembly’s enactment of Virginia Code Section 15.2-1723.1 defines a body-worn camera system as “an electronic system for creating, generating, sending, receiving, storing and processing audiovisual recordings, including cameras or other devices capable of creating such recording, that may be worn about the person.” Shortly after the global pandemic shutdown all non-essential operations in early 2020, the nation faced a second state of emergency in the form of civil unrest related to racial and social injustices. In light of these events body-worn cameras have become even more important as they enable police officers to record events and citizen interactions exactly as they occur and provide an impartial account to law enforcement officials and the public alike. Discussion: Under the Code of Virginia § 42.1-85, the Library of Virginia (LVA) has the authority to issue regulations governing the retention and disposition of state and local public records. In keeping with the Code's mandate, LVA has developed records retention and disposition schedules outlining the disposition of public records. Data storage of records, surveillance and monitoring retained as evidence by law enforcement are required by the LVA to be retained for periods ranging from 5 to 100 years. As outlined in Charlottesville Police Department General Order (GO) 541.10 – Mobile Recording Systems Rev: 10/09/2019, once a recording is made, no officer shall edit, alter, delete or erase the recording or any portion of the recording and the original recording shall be retained, as made, for the duration of the applicable record retention schedule. The FY21 DCJS Body-Worn Camera Grant award will allow Charlottesville Police Department to Page 75 of 141 purchase 12 months of data licensing fees to help the department comply with the Library of Virginia records retention and disposition schedules. Alignment with City Council’s Vision and Strategic Plan: This project supports Goal 2 of the Strategic Plan, to be a Healthy and Safe City. Community Engagement: N/A Budgetary Impact: This has no additional impact on the General Fund. The required local match of $50,000 will come from funds previously appropriated as part of the Charlottesville Police Department’s FY 2021 adopted budget. The local match will pay for 12 months of standard data licensing fees for up to 75 officer accounts. Grant funds will be used to pay for 12 months of unlimited storage licenses for 25 Command and Supervisory staff accounts. The grant funds will be expensed and reimbursed to a Grants Fund. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: If grants funds are not appropriated, additional City funds will be required to keep the police department into compliance with the Library of Virginia retention schedule for the storage of records, surveillance and monitoring retained as evidence. Attachments: Resolution Appropriating Funding Page 76 of 141 RESOLUTION APPROPRIATING FUNDS FOR FY21 Virginia Department of Criminal Justice Services Body-Worn Camera Grant $100,000 WHEREAS, the FY21Virginia Department of Criminal Justice Services Body-Worn Camera Grant awarded a grant to the Police Department, through the City of Charlottesville, to fund storage of body-worn camera records from the Police Department; NOW, THEREFORE BE IT RESOLVED the Council of the City of Charlottesville, Virginia, that the sum of $50,000, received from the Commonwealth of Virginia Department of Criminal Justice Services Body-Worn Camera Grant and the local match of $50,000 is hereby appropriated in the following manner: Revenues – $100,000 $50,000 Fund: 209 IO: 190416 G/L Account: 430120 $50,000 Fund: 209 IO: 190416 G/L Account: 498010 Expenditures – $100,000 $100,000 Fund: 209 IO: 190416 G/L Account: 530060 Transfer – $50,000 $50,000 Fund: 105 Cost Center: 3101001000 G/L Account: 530060 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the reimbursement of funds or goods as supplied from the Commonwealth of Virginia Department of Criminal Justice Services Body-Worn Camera Grant. Page 77 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Approval of a Resolution Presenter: Dr. Hezedean Smith, Fire Chief Staff Contacts: Dr. Hezedean Smith, Fire Chief Title: Proposed Donation of Fire Truck to Charlottesville Professional Firefighters Association Background: Engine 1, a 1948 American LaFrance Fire Engine was an integral part of the Charlottesville Fire Department’s fleet of equipment, providing our City with many years of fire protection. When placed in service in the late 1940’s, Engine 1 was progressive technology for its time and for many years, this apparatus was on the front line of fire incidents within the City. In later years after Engine 1 was decommissioned as a suppression piece, this vehicle helped teach our community, including thousands of children, about fire safety when utilized by the fire prevention office. For nearly 60 years, Engine 1 served as a beacon to the City of Charlottesville. Sadly, since its last use in 2000, Engine 1 has sat abandoned and has slowly deteriorated over the years as it has been stored outside exposed to the elements. The Charlottesville Professional Firefighters Association would like to intervene and salvage this historical icon. We are respectfully requesting Engine 1 be donated to the Charlottesville Professional Firefighters Association. Through fundraising efforts, it is the Association’s intent to find an appropriate location (not on city property) to store and begin the restoration process needed without using city dollars to bring Engine 1 back to its former beauty. 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.” The value of the Fire Engine is estimated to be around $5000. Page 78 of 141 Section 15.2-953 of the Virginia Code authorizes a locality to make donations to any charitable institution or association, located within their respective limits or outside their limits if such institution or association provides services to residents of the locality; however, such institution or association shall not be controlled in whole or in part by any church or sectarian society. The Charlottesville Professional Firefighters Association is a charitable association, as evidenced by IRS 501(c) nonprofit status and Articles of Charter for Charlottesville Professional Firefighters Association date June 1974, which documents have been reviewed by Chief Smith. Alignment with Council Vision Areas and Strategic Plan: 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. 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: Once restored, Engine 1 could again be used for special occasions within the city, whereas firefighters are represented and throughout the City for community engagements. This donation would not only serve as a symbol of our combined efforts but would also allow a vibrant piece of our City’s and the Charlottesville Fire Department’s history to be preserved. Budgetary Impact: This has no impact on the General Fund if donated. Legal Review: The City Attorney reviewed this request prior to placement on the Council Agenda, and the City Attorney confirmed that the requested action is within City Council’s authority. Recommendation: Staff recommends approval of the donation. Alternatives: Page 79 of 141 If the request to donate is not approved, staff recommends the engine be turned over to Purchasing for sale/disposal as surplus property. Attachments: (1) Proposed Resolution (2) Correspondence sent by Jeremy F. Graybill to Fire Chief Smith, requesting that City Council donate the Fire Engine Page 80 of 141 RESOLUTION APPROVING A DONATION OF 1948 AMERICAN LAFRANCE FIRE ENGINE TO THE CHARLOTTESVILLE PROFESSIONAL FIREFIGHTERS ASSOCIATION WHEREAS, the Charlottesville Professional Firefighters Association has requested the City to donate to it certain property, specifically a 1948 American LaFrance Fire truck (the “Fire Engine”); and WHEREAS, the Fire Engine is currently in storage, and the City has no plans to re-use the Fire Engine for the provision of firefighting services, and staff estimates the value of the Fire Engine to be around ($5000.00). 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, based on information assembled and provided by Chief Hezedean Smith, that the Charlottesville Professional Firefighters Association is a charitable association located within City limits and is therefore an entity to which the Council is expressly 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 the Fire Engine is hereby donated to the Charlottesville Professional Firefighters Association. Page 81 of 141 June 11, 2021 Dr. Hezedean Smith 2420 Fontaine Ave Charlottesville, VA 22903 Dr. Hezedean Smith: On behalf of the Charlottesville Professional Firefighters Association, I am writing you today to ask for your help in preserving a piece of our Charlottesville Fire Department's rich history. The iconic 1948 American La France Engine was an integral part of the Charlottesville Fire Department's fleet of equipment, providing our City with fire protection in its day. When placed in service in the late 1940s, Engine 1 was progressive technology for its time and for many years, this apparatus was on the front line of fire incidents within the City. In later years after Engine 1 was decommissioned as a suppression piece, this vehicle helped teach our community, including thousands of children, about fire safety. For nearly 60 years, Engine 1 served as a beacon to the City of Charlottesville. Sadly, since its last use in 2000, Engine 1 has sat abandoned and has slowly deteriorated over the years as it has been neglected and exposed to the elements. The Charlottesville Professional Firefighters Association is a nonprofit organization, chartered in 1974 and registered with the Internal Revenue Service as a S0l(c) 5. We are respectfully requesting Engine 1 be donated to the Charlottesville Professional Firefighters Association so that we may intervene and salvage this historical icon. Through our fundraising efforts, it is the Association's intent to find a dry location to store and begin the restoration process needed to bring Engine 1 back to its former beauty. We commit to the following: • Engine will be housed on private property • Funding and responsibility for restoration, maintenance and upkeep will be solely the responsibility of the Charlottesville Professional Firefighters Association. Page 82 of 141 We hope it can again be an apparatus we are all proud of. Once restored, Engine 1 could again be used for special occasions within our department and throughout the City. This donation would not only serve as a symbol of our combined efforts but would also allow a vibrant piece of our City's and the Charlottesville Fire Department's history to be preserved. I appreciate your time and consideration and look forward to hearing from you soon. Respectfully, Jeremy F. Graybill CPFFA Local 2363 Secretary/ Treasurer Page 83 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Requested: Approval of Resolutions Presenter: Susan Elliott, Climate Protection Program Manager Staff Contacts: Susan Elliott, Climate Protection Program Manager Kristel Riddervold, Environmental Sustainability Manager David Brown, Department of Public Works Director Title: 2021 City Climate Protection Program – Program Support Grant with LEAP - $44,718 Background: The City of Charlottesville’s Environmental Sustainability Division is proposing to grant previously appropriated funds of $44,718 in a grant to the Local Energy Alliance Program (LEAP) for support to the Climate Protection Program. The City has partnered with LEAP since its establishment, and this will be the eighth Climate Protection Program support grant. Charlottesville has been involved with climate protection related efforts at the local level for over 10 years, beginning with the establishment of the Climate Protection Program following the City of Charlottesville’s 2006 commitment through the US Mayors Climate Protection Agreement to reduce communitywide greenhouse gas (GHG) emissions. This commitment was reconfirmed through joining of the Global Covenant of Mayors for Climate & Energy in June 2017. Over 95% of Charlottesville’s GHG emissions are associated with non-municipal activities (the three largest sectors, in order, are residential, commercial, and transportation), indicating that success and progress in reducing our community’s emissions requires participation of the public and private sectors. It is noted, as well, that emissions-reducing actions are also frequently associated with reduced energy usage, lower utility bills, greater comfort, and health benefits. As such, the Climate Protection Program has a focus on increasing the availability, accessibility, affordability, and awareness of programs and resources that support emission-reducing actions within the community. Successful efforts have routinely included an ongoing partnership with the LEAP through a yearly program support agreement adjusted to the current needs of the City’s Climate Protection Program and the Charlottesville community. LEAP, a community-based 501c3 nonprofit, aims to lead the effort in local communities to implement clean energy technologies in buildings to promote cost savings for families and businesses, job creation, energy self-reliance, local economic development, and the mitigation of climate change. LEAP’s alliance model is a community-based, public-private partnership. Annual reports representing all of the localities LEAP serves are available at http://leap- va.org/about/annual-reports. Page 84 of 141 In working with LEAP, the Climate Protection Program receives program support in the form of providing core services to the community and opportunities to work collaboratively together to address specific needs. Additionally, LEAP is able to leverage funding from other sources – such as utility programs (e.g., Dominion Energy and Charlottesville Gas’ low-income weatherization programs), grant opportunities, partnerships with other non-profits with aligned programs, and the City-funded Home Energy Conservation Grant program – and layer them with the Climate Protection Program support agreement funds to expand the services available to City residents and businesses. Bills passed during recent Virginia General Assembly Sessions have changed the funding landscape in the Commonwealth for energy-efficiency and renewable energy services. As a result, there is now less need for the Climate Protection Program to provide funding support for service delivery and a greater need for support to connect City residents with fully-funded services and new programs. This shift in funding needs is reflected in the proposed 2021 Program Support Agreement with LEAP. Discussion: The grant to LEAP will provide ongoing support to the Climate Protection Program and continues the strategy to reduce energy consumption and associated GHG emissions, increase cost savings for residents, and contribute to the City’s climate policy goals. As presented in the attached proposal, the ongoing partnership between LEAP and the City will continue a demonstrable, effective, and nimble model for delivering increased energy performance to the City’s building sectors – in particular, its residential sector (owner-occupied and renter-occupied homes) at multiple income levels. LEAP continues to utilize City funds through these agreements to leverage and increase access to significant outside funding sources to support increased level of energy efficiency and renewable energy services implemented in Charlottesville. As with previous agreements, City staff have closely coordinated with LEAP on the development of this proposal and appreciates the blend of activities that aim at engaging market-rate and low- income households, rental- and owner-occupied properties, new homeowners, and layering outreach on existing and trusted communication channels to reach target demographics. The proposed grant of $44,718 from the City to LEAP to implement the 2021 Climate Protection Program Support Agreement (attached) during fiscal year 2021-2022 will be used to: 1. Connect Residents with Funded Energy Efficiency Service Programs, including: a. Educational material development, co-branded b. Mailing inserts to leverage existing City-led targeted mailings c. New Homeowner Outreach including an energy ‘welcome basket’ d. LEAP topic-expertise support for City-led outreach efforts 2. Develop and deliver a Low-Income Solar & Energy Efficiency Pilot Program 3. Offer a Solarize Charlottesville 2022 Campaign The attached Memorandum of Understanding provides a summary of the purposes of the funds, program parameters desired by the City, and progress reporting expectations. Page 85 of 141 Alignment with City Council’s Vision and Strategic Plan: Approval of the Resolution for the 2021 Climate Protection Program Support Grant aligns directly with Council’s vision for Charlottesville to be A Green City with clean air and energy efficient homes and buildings. It also contributes to the following goal/objective in the City’s Strategic Plan: Goal 3: A Beautiful and Sustainable Natural and Built Environment Objective 3.4: Be responsible stewards of natural resources Community Engagement: There have been and will continue to be numerous initiatives engaging various community audiences. Utilization of the resources offered through past support agreements and questions that City staff receive from community members seeking resources and information regarding improved energy use speak to community interest in these services. Additionally, public comments received during adoption of a new greenhouse gas reduction goal and development of a climate action plan reflect the need for continued and increased levels of GHG emission reduction and climate adaptation actions. Budgetary Impact: There is no additional budgetary impact to the City. Funding support for this program would come from funds that were previously appropriated as part of the Fiscal Year 2021 Gas Fund adopted budget within the Environmental Sustainability Division. Due to market disruptions during 2020, funding from the 2019-2020 program support agreement was sufficient to carry through to 2021. Recommendation: Staff recommends approval of the Resolution. Alternatives: If Council chooses not to proceed, other approaches to promote energy efficiency improvements in the residential and non-residential sectors will be examined. Attachments: • Funding Resolution • Signature Resolution and Proposed Memorandum of Understanding Agreement • LEAP 2021 Proposal for City of Charlottesville Climate Protection Program Support Page 86 of 141 RESOLUTION APPROPRIATING FUNDS FOR 2021 Climate Protection Program Support Grant $44,718 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $44,718 is hereby paid to LEAP from previously appropriated funds in the Gas Fund, Environmental Sustainability Cost Center as follows: $44,718 Fund: 631 Cost Center: 2711001000 G/L Account: 599999 Page 87 of 141 RESOLUTION BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the City Manager is hereby authorized to sign the following document, attached hereto, in form approved by the City Attorney or his designee. Memorandum of Understanding (MOU) between the City and the Local Energy Alliance Program (LEAP) for grant funds to support the Climate Protection Program and promote energy performance improvements. Page 88 of 141 MEMORANDUM OF UNDERSTANDING 2021 CLIMATE PROTECTION PROGRAM SUPPORT This Memorandum of Understanding (“MOU”) is made this ___ of ______, 2021, by and among the City of Charlottesville, Virginia and the Local Energy Alliance Program. Whereas, the City of Charlottesville, Virginia, (hereafter, the City) wishes to increase energy performance of Charlottesville homes and non-residential buildings, and to reduce the greenhouse gas associated with community-wide energy use, and; Whereas, the Local Energy Alliance Program (hereafter, LEAP) wishes to serve our local community to conserve energy in existing buildings, to promote cost savings, job creation, sustainability, local economic development, and environmental stewardship, and; Whereas, LEAP wishes to provide access to expertise and action steps for energy efficiency and renewable energy implementation; Whereas, the parties agree that the intended use and release of City funds should be authorized in a mutually agreed fashion, in furtherance of these shared goals; Now, Therefore, the City and LEAP jointly agree that upon execution of this MOU, LEAP will be granted an amount of Forty-Four Thousand Seven Hundred Eighteen Dollars ($44,718) the source of which is already appropriated funds in Fund 631, Cost Center 2711001000, for the purpose of providing 2021 Climate Protection Program support focused on providing access to expertise and services for improved energy performance and reduce greenhouse gas emissions. The parties agree to the terms and conditions of this MOU as set forth below: 1. Use of Funds: The parties agree that funds may be used only for the following purposes as covered in the 2021 Climate Protection Program Support proposal. 2. Program Parameters: Upon receipt of the grant, LEAP agrees to provide the proposed program support to promote energy performance improvements. 3. Program Progress Reports LEAP acknowledges the City’s desire to receive progress reports regarding the accomplishments of the program through monthly progress update meetings, two written reports at the mid-term and conclusion of grant activity, and through metrics established in the funding proposal. Progress reports may be provided to those LEAP board members appointed to represent the City of Charlottesville and may contain the metrics outlined in the 2021 proposal. 4. Modification Terms This MOU may be supplemented, modified, or amended by mutual agreement as set forth in writing. Page 89 of 141 In Witness Whereof, the City of Charlottesville and the Local Energy Alliance Program have executed this MOU effective the last date written below. CITY OF CHARLOTTESVILLE, VIRGINIA By: _______________________________ Title: _____________________________ Date: _____________________________ Approved as to Form: Funds are Available: _____________________________ _____________________________ City Attorney Director of Finance, or designee LOCAL ENERGY ALLIANCE PROGRAM By: _______________________________ Title: _____________________________ Date: _____________________________ Page 90 of 141 2021 Program Support Agreement Proposal for the City of Charlottesville Climate Protection Program June 2021 1 Page 91 of 141 Summary LEAP is presenting this proposal to the City of Charlottesville to continue supporting the Climate Protection Program (CPP). LEAP continues to be the key provider of reducing energy demand in existing residential buildings – an integral element of reducing GHG emissions. The landscape of funded energy-efficiency programs available from utilities and the state has changed over the last couple of years. New state and Dominion Energy utility energy-efficiency programs are now available, expanding funded energy improvements for low-income residents and including services previously funded by the City’s CPP. These programs, unfortunately, are complex administratively and are not marketed heavily by the utilities. In response to this landscape change and marketing gap, LEAP proposes to shift our activity within this program support proposal from directly funding services to instead focus on connecting City residents to the new and existing utility- and state-funded programs including energy efficiency improvements and a new low-income solar program and offering a market-rate Solarize Charlottesville campaign in 2022. LEAP believes this new PSA will allow LEAP to assist the City’s residents to maximize their usage of the above external programs while also helping the City achieve its climate action goals. Additionally, connecting City residents with these funded programs serves the accessibility, affordability, and awareness aims of the City's Climate Protection Program. 2021 PROGRAM SUPPORT PROPOSAL Strategies In order to educate and connect residents to energy-efficiency programs, LEAP will utilize multiple communication and outreach channels seeking to reach market-rate, income-eligible, and other program demographic-eligible residents. LEAP will also offer two campaigns for installing onsite solar renewable energy systems. One campaign will assist low-income City residents to receive solar arrays as part of a new Dominion low-income solar program. The other campaign will build on the successful Solarize Charlottesville campaign model. 1. Connecting Residents with Funded Energy Efficiency Service Programs Working with City staff, area partners, and community groups, LEAP will continue our efforts to engage City residents to increase awareness of and participation in energy efficiency and solar programs while tying the importance of both to mitigating climate change and realizing individual household benefits. 2 Page 92 of 141 These efforts will include: 1a. Educational Material Development: LEAP will collaborate with the City to create co-branded displays, flyers, handouts, and social media campaign materials to spread awareness about available energy efficiency and solar programming as well as general information about weatherization and energy- efficiency measures. Materials will acknowledge the City’s support and commitment to climate action. LEAP has a graphic designer on retainer for any more advanced design needs these efforts may require. Specific displays, flyers, and handouts will be determined in collaboration between LEAP and City CPP staff. LEAP will develop four ‘evergreen’ social media campaigns for the City CPP use on the ‘A Green City’ accounts. These campaigns will target general information for the heating and cooling seasons (2), the Solarize Charlottesville 2022 program, and fully-funded low-income weatherization and energy efficiency programs. 1b. Mail Inserts: Having found the prior mailings so successful in recruiting eligible residents for available services, LEAP proposes developing several sets of mailing inserts to be included targeted City-sent mailings. Examples of prior successful mailings include adding an insert with one of the monthly utility bills and in the Charlottesville Housing Assistance Program (CHAP) outreach. In the case of the CHAP mailer, the City’s CHAP eligibility requirements align significantly with the utility- and state-funded energy efficiency programs’ eligibility, creating a layering of funded services to a targeted segment of the City community. In considering other potential targeted mailings, LEAP proposes up to 8 mailing insert projects, dependent upon availability and partnership with the associated City departments and offices. Inserts’ development will be coordinated with City CPP staff, who will work internally with other City staff and departments. Inserts would inform City residents of weatherization services available and encourage Home Energy Check Up sign ups. 1c. New Homeowner Outreach: LEAP proposes doing outreach to realtors and their local association to partner in welcoming new City homeowners with an energy-efficiency-focused ‘welcome basket’, including educational materials, tools for DIY projects, where and how to start on your home EE journey, and connecting homeowners to available energy efficiency and solar programs. A focus will be on getting homeowners to take the first step by signing up for a Home Energy Check Up (home energy assessment) and then moving them along the Energy Smart Homes pathway, which is supported by City residential rebates and other state- and utility-funded programs. LEAP will offer to new homeowners a subsidized or free Home Energy Check Up to be provided by the City as part of the welcome basket and other outreach. 3 Page 93 of 141 1d. LEAP Support of City-led Community Outreach Initiatives: Recognizing the value of LEAP's expertise as a whole-home energy efficiency and solar provider and being the Charlottesville-area provider of utility- and state-funded energy improvement programs, LEAP is in a unique position to provide technical expertise and practitioner perspective to community engagement efforts as well as speak directly to questions about how the state- and utility-funded programs work. As the City's Climate Protection Program develops and implements community engagement activities, LEAP is available to assist and participate on an ad hoc, hourly, as-needed basis. Activities include review and contribution of messaging for outreach campaign materials, support and participation in community presentations as a technical expert and practitioner, and working in conjunction with City staff or City-contracted support on other efforts. 2. Low-Income Solar/EE Pilot Legislation passed in 2019 VA General Assembly as part of the Grid Transformation Act created a low-income solar program that is expected to be approved by the State Corporation Commission (SCC) in 2021 and become available in early 2022. The legislation requires that program recipients participate in an energy-efficiency program in order to be eligible to receive the solar benefit. LEAP proposes coordinating a targeted enrollment effort in a low-income neighborhood (or portion of a neighborhood) to assist residents in receiving the requisite energy-efficiency program measures and to prioritize their qualification for the solar benefit. LEAP will provide the administrative support for this program and will coordinate outreach with the City’s CPP staff. Following the SCC’s approval (anticipated in June or July 2021), LEAP will review all final program design aspects to ensure the availability and conditions of the benefits. LEAP will also lead community engagement and outreach efforts, aiming to communicate the opportunity to potential eligible residents while managing expectations of enrollment caps and program limitations. LEAP staff time will be necessary to follow and influence the implementation of the program, collaborate with the City to select the neighborhood(s), target communication and outreach to the selected neighborhood, coordinate and contract with solar installers, and publicize the eventual results. Program design and identification activities will occur in late fall 2021 while implementation (i.e., installing solar on roofs) could begin in early 2022 contingent upon when Dominion makes the program available. Recognizing both the City and LEAP’s interest in accruing this benefit for City residents, as well as seeing the potential for this effort to inform future programs and funding priorities, LEAP will work with the City to maximize program enrollment and identify available and relevant metrics to report locally. LEAP believes that at a minimum of 10 households could benefit from this program and would hope to reach dozens more if the approved program rules allow. 4 Page 94 of 141 3. Solarize Charlottesville 2022 Campaign LEAP is dedicated to being the go-to resource on residential solar and any related topics. In 2022, as part of both Solarize Piedmont and Solarize Charlottesville, LEAP intends to leverage the support of local nonprofits, municipal contacts, and other key stakeholders to increase awareness of the Solarize program and educate community members about renewable energy. A detailed scope for the 2022 campaign will be informed by results during Solarize Charlottesville 2021 and developed in agreement between LEAP and City Climate Protection staff. 2022 campaign activities are expected to be similar and to include the following proposed strategies aimed at building awareness of Solarize Charlottesville specifically: • Mailings • Flyering • Social Media • Radio • Tabling • Webinars Metrics In regards to assessing success of this proposal’s activities in connecting residents to energy efficiency and renewable energy services, LEAP will track the number of market-rate and demographic-eligible households that receive home energy check-ups and that move forward with LEAP to receive greater energy improvements. As home-specific data is currently a challenge to track, LEAP will provide data from income-eligible homes that participate in the City’s Assisted Home Performance Program as a suitable proxy for outcomes of all other income-eligible participating homes. Additionally, over this year, LEAP will be building out its database to better capture data and results from its services. As part of this process, LEAP will identify, of metrics the City is interested in, which can be included and regularly tracked and which would require additional investment and effort to track specifically for the City. In response to this database development, some of the metrics for this proposal may be shifted by agreement with the City and LEAP. Overall, for energy efficiency programs, we intend to measure are: • Conversion from Home Energy Check-Ups (HECUs) to receiving energy improvements • Estimated % of household energy reduction from work scope proposed and completed • Blower door tests or other results from HECUs that speak to the energy improvement potential of homes 5 Page 95 of 141 • Cost of the improvements done and the amount of funding contributed by the household • Receiving data by market rate vs. income- and other demographic-eligible households • Seeing some City participation levels compared to regional levels (ex. what % of regional HECUs and energy improvement projects are in the City) • How many Solarize participants went on to receive a HECU and do energy efficiency work Metrics for the Low-Income Solar and Energy Efficiency Pilot Program and the 2022 Solarize Charlottesville campaign will be identified and agreed upon by City-staff and LEAP during the program design phase for those efforts. Budget, Invoicing, and Reporting LEAP shall invoice the City after services have been provided on monthly or quarterly basis. Such invoices shall provide expenses at the activity level with labor and material charges separated and if feasible, identify specific events as relevant. All expenses that are invoiced shall be archived and made available at the request of the City. As the exact shape of some items in this proposal may shift as we approach implementation, LEAP will coordinate with City CPP staff on adjustments to remain reflective of the intent of this proposal. Total funding support requested is $44,718 to be expended over the 2021-2022 fiscal year. LEAP and City CPP staff shall meet monthly to review progress on implementation of the PSA and coordinate upcoming events/activities. LEAP shall also generate one mid-project report documenting activities after having spent half of the approved budget and provide a final report after all of the activities were completed. The report shall reflect the organization of the PSA proposal, summarize implementation activities in regards to successes and challenges, adjustments made, recommended next steps, and inclusion of the reporting metrics. 6 Page 96 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Resolution: Minor Amendment 2021-2022 Action Plan Presenter: Erin Atak, Grants Coordinator Staff Contacts: Erin Atak, Grants Coordinator Title: HOME 2021-2022 Albemarle Housing Improvement Program Contingency Plan Background: This agenda item includes a resolution for the FY2021-2022 minor action plan amendment HOME Investment Partnerships Program (HOME) funds to be received by the City of Charlottesville from the U.S. Department of Housing and Urban Development (HUD). In Fall 2020, the City of Charlottesville advertised a Request for Proposals (RFP) based on the priorities set by Council on September 21, 2020. The priorities were for affordable housing (priority for persons who are 0-50 percent AMI, including but not limited to low income housing redevelopment), support for the homelessness and those at risk of homelessness, workforce development (including but not limited to efforts to bolster section 3 training opportunities and partnerships with the City’s GO programs, support for programs that aid in self-sufficiency, including but not limited to quality childcare), microenterprise assistance, and mental health and substance abuse services. In November 2020, the CDBG/HOME Task Force reviewed and recommended housing and public service projects for funding and the Strategic Action Team reviewed and recommended economic development projects for funding. On June 7, 2021, City Council reviewed and approved the CDBG and HOME budget for the 2021-2022 HUD Annual Action plan submittal. Discussion: On June 7, 2021, Albemarle Housing Improvement Program (AHIP) was awarded $37,352.00 HOME FY2020-2021 funds for providing 1 homeowner rehabilitation within the Ridge Street Priority Neighborhood Area. On May 27, 2021, AHIP requested to enact the contingency plan to spend their balance of $37,352.00 of HOME funding on a different housing rehabilitation activity in the Fifeville neighborhood. AHIP states that due to the large funding gap from the original project application request, having difficulties identifying an alternative Ridge Street beneficiary, and the cost of building materials significantly increasing; the original proposal is no longer feasible. Page 97 of 141 The original scope of work proposed funding the following: - One substantial homeowner rehabilitation at the historic Tonsler home in the Ridge Street neighborhood. With this request, AHIP proposes to provide a substantial homeowner rehabilitation service to one new address within the Fifeville neighborhood. Estimated timeline for the potential rehab work is 5-6 weeks after signing the 2021-2022 HOME contract. The change of scope of work will assist AHIP and the City meet HUD HOME timeliness deadlines. All CDBG and HOME applicants are required to provide reasonable assurances regarding the achievement of objectives in three categories: 1) Effectiveness and efficiency of operations; 2) Reliability of reporting for internal and external use; and 3) Compliance with applicable laws and regulations. All non-federal entities must submit internal controls documents to comply with federal statutes, regulations, and the terms and conditions of the CDBG/HOME federal award. Internal controls are a process effected by an entity’s oversight body, management, and other personnel that provides reasonable assurance that the objectives of an entity will be achieved. These objectives and risks can be classified by operations, reporting, and compliance. To assist with HOME timeliness requirements, HUD 24 CFR 570.902(a), CDBG and HOME subrecipients may request to enact the contingency plan from the submitted internal controls checklist. Community Engagement: In accordance with the CDBG/HOME Citizen Participation Plan, during the request for proposal process City staff discussed home timeliness with Habitat staff. The original AHIP approval was part of the Action Plan that was advertised for a thirty-day comment period (March 30 – April 30, 2021) 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. The Action Plan was submitted to HUD on June 7, 2021 after City Council approval. If council approves the request, then an approval will be submitted to HUD as a minor Action Plan Amendment for the 2021-2022 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 AHIP HOME FY2021-2022 change of scope of work to assist with HOME program compliance, HUD 24 CFR 570.902(a). Alternatives: Page 98 of 141 City Council can deny the request, which in turn will cause the balance of 37,352.00 HOME funds to be included into a new request for proposals for new funding applications. Attachments: AHIP Contingency Plan dated May 27, 2021 Resolution for Minor 2021-2022 Action Plan Amendment Page 99 of 141 Contingency Plan In the event of an incident like this year’s COVID-19 pandemic, which impacted AHIP’s ability to serve clients and meet certain spending deadlines, AHIP is proactively identifying more houses than are needed to spend down the funding and meet our beneficiaries-served goals. Additionally, we have taken the approach of serving households in the priority neighborhood through a blend of comprehensive, whole-house rehabs and standalone emergency repairs to address health and safety deficiencies. This two-prong approach will allow us to address different levels of need while doing the most good for residents in CDBG/HOME priority neighborhoods. AHIP would like to amend our FY22 HOME proposal, as written the proposal specifically mentioned rehab work at a historic Tonsler home in the Ridge Street neighborhood. That project as estimated would have cost $248,160 and was seeking HOME funding in the amount of $100,742. The HOME allocation recommended by the CDBG Task Force was $37,352 leaving a funding gap of $63,390. In all likelihood, that funding gap is probably even larger now since the cost of building materials has increased significantly since that job was estimated. As such, the rehabilitation of the historic Tonsler home is no longer feasible at this time. AHIP’s FY22 HOME proposal planned for a smaller allocation than requested and suggested using any significantly smaller award of FY22 HOME funds to rehab the home of an alternate, eligible beneficiary family. AHIP has identified an alternate, eligible beneficiary family in the Fifeville neighborhood and would like to re-purpose the FY22 HOME award to rehab that house. The new proposed client has already been working closely with AHIP, the scope of work has been developed, the project has been estimated, and the project had previously been approved by City staff on April 16, 2021, and was going to be funded by FY21 CDBG funds. However, due to COVID related delays, delays in identifying an adequate number of Ridge Street beneficiaries, and delays surrounding the approval of the project, there was not enough time to complete, or even begin the work before the FY21 CDBG money was reprogrammed by HUD on April 1, 2021. As you can imagine, this client was shocked to hear that the funds were reprogrammed and her project put on hold until replacement funding became available. I’ve talked with this client by phone and met with her in person to try to assure her that AHIP was doing everything in our power to fund her project, but that ultimately the decision was in the hands of City staff and City Council. AHIP is requesting that City Council consider our amended proposal to allow us to re-purpose the FY22 HOME allocation to the above mentioned Fifeville family. As mentioned, the project has previously been estimated and approved and rehab activity is ready to begin. Granting this request will ensure the timely spending of the FY22 HOME funds and help the City of Charlottesville remain in HUD compliance regarding spending timeliness. Page 100 of 141 RESOLUTION Approval of Albemarle Housing Improvement Program Contingency Plan FY 2021-2022 Minor Annual Action Plan Amendment BE IT RESOLVED, that the Charlottesville City Council hereby approves the Albemarle for Housing Improvement Program Contingency Plan and the FY 2021 - 2022 Minor Action Plan Amendment of the 2018-2022 Consolidated Plan. This will assist the City and the subrecipient meet CDBG and HOME timeliness goals. All HOME funds are to be expended by the June 30, 2022 program deadline. Approved by Council June 21, 2021 Kyna Thomas, MMC Clerk of Council Page 101 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Approval of Virginia Discovery Museum Lease Presenter: David Brown, Public Works Director Staff Contacts: David Brown, Public Works Director Mark Zavicar, Facilities Maintenance Manager Title: Virginia Discovery Museum Lease Background: The Virginia Discovery Museum was incorporated in 1981 and celebrated its 25th anniversary on the Charlottesville Downtown Mall on May 1, 2015. The City’s offer of a low- cost property lease was essential to getting the Museum off the ground, and to ensuring that it remains an inexpensive place for generations of children to discover the historical and natural world around them. The Museum’s mission is "to bring young children and families together to engage minds, excite imaginations and explore the world around them.” Admission exceeds more than 60,000 visitors a year from all over the United States and beyond. In its history, the Museum has welcomed more than 885,000 visitors and become an anchor and economic driver for the Mall’s East End. The Virginia Discovery Museum is a children’s museum in Charlottesville and has been a vital and active organization in the Charlottesville/Albemarle community. It presents community-wide events, summer camps for children, and dedicated to providing developmentally appropriate, engaging hands-on programs and exhibits for young learners related to history, science, and the humanities. In support of its mission, the museum offers free and low-cost outreach programs aimed at addressing the needs of underserved children in our community. Discussion: The proposed lease agreement is consistent with the spirit of past agreements. The Museum is responsible for the majority of basic operating functions and costs, excepting those maintenance functions provided by the City which are deemed critical to the integrity and safety of the building. Rent has been increased to offset the costs of those maintenance services over the previous five years, and a provision has been included to increase the rent annually to keep pace with inflation. This proposed lease also includes the portion of the Downtown Mall occupied by the carousel, previously addressed via a separate lease agreement. Alignment with City Council’s Vision and Strategic Plan: A Center for Lifelong Learning Page 102 of 141 Community Engagement: A public hearing is requested to be held for the attached agreement to receive public comment. Budgetary Impact: The proposed lease would continue the historically neutral budgeting approach for the upcoming year. The approved 2021-2022 fiscal year operating budget assumed that maintenance/operations costs would be offset by rent consistent with that received in the previous fiscal year. Recommendation: Approval of lease. Alternatives: Continue lease negotiations or open the building lease to a competitive process. Attachments: 1) Resolution approving a Lease of City Property to the Virginia Discovery Museum, INC 2) Lease – Virginia Discovery Museum (2021) Page 103 of 141 RESOLUTION APPROVING A LEASE OF CITY PROPERTY TO THE VIRGINIA DISCOVERY MUSEUM, INC. WHEREAS, the Virginia Discovery Museum of Virginia, Inc. (“VDM”) (i) maintains its offices, and operates a museum, within certain premises at 524 East Main Street, Charlottesville, Virginia, and (ii) operates an outdoor children’s carousel, as the tenant under certain lease agreements with the City of Charlottesville, Virginia (City), and the term of such lease agreements will expire June 30, 2021; and WHEREAS, the City and VDM desire to enter into a new five-year lease agreement for all of the space currently occupied by VDM, to take effect July 1, 2021, under the terms and conditions of a proposed Lease presented to and reviewed by this Council in conjunction with its consideration of this Resolution (“Proposed Lease”); and WHEREAS, in accordance with Virginia Code Section 15.2-1800(B) City Council conducted a public hearing on the Proposed Lease and has determined that the Proposed Lease contains suitable terms upon which VDM’s tenancy may be approved; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE that the Proposed Lease with VDM is hereby approved, and the City Manager is hereby authorized: (i) to execute a final Lease with VDM, upon terms and conditions consistent with those set forth within the Proposed Lease and approved as to form by the City Attorney’s Office, and (ii) to act as the authorized agent of the City Council for the administration of the lease with VDM, for giving such approvals and notices, and for exercising such rights as may be authorized or reserved to the City within such Lease. Page 104 of 141 LEASE THIS LEASE is made by and between THE CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation and political subdivision of the Commonwealth of Virginia (herein, “City”), and the VIRGINIA DISCOVERY MUSEUM, INC., a nonprofit corporation organized and operating in accordance with the laws of the Commonwealth of Virginia (herein, "Tenant"). For in consideration of the terms, conditions and mutual covenants contained herein, the parties agree as follows: 1. Lease of Property. City hereby demises and lets to Tenant, and Tenant hereby leases from City, certain real estate described as follows: (A) Space within the lower level, ground floor, and second floor of the building located at 524 East Main Street, Charlottesville, Virginia, and all appurtenances thereunto pertaining (hereinafter, the “Premises”), and (B) a portion of the public right-of-way in the 500 block of the City’s Downtown Mall, enclosed by a fence, containing a carousel that measures approximately 9½ feet in diameter and 8½ feet in height (hereinafter, the “Carousel Space”) in the City of Charlottesville, Virginia. The demised Premises and Carousel Space are real estate is more particularly described within Exhibit A, attached and incorporated herein by reference. Each party warrants that it has had adequate opportunity to inspect the condition of the Demised Premises and Carousel Space, and that all such premises are in a condition acceptable to both parties and are to be demised under this Lease in an as-is condition. The Premises and Carousel Space are demised together with a nonexclusive right to use of all sidewalks, elevators, entrances, hallways, stairs and the other areas within or appurtenant thereto which are designed for common use. 2. Term. The initial term of this Lease shall be for a period of five years (“Lease Term”), commencing on July 1, 202116 (“Commencement Date”) and expiring at midnight on June 30, 20261 (“Expiration”), unless sooner terminated by the City or the Tenant in accordance with the terms and conditions of this lease. In the event that Tenant holds possession of the Premises or Carousel Space following the expiration or earlier termination of the term of this Lease, then Tenant shall become a tenant from month-to-month on the terms and conditions of this Lease, and rent shall continue as provided within this Lease. 3. Rent. Tenant shall pay to the City as Rent for the Premises and Carousel Space, in the total sum of Three Thousand Six Hundred Dollars ($3,9600.00) annually (“Rent”), payable in monthly installments of Three Hundred Dollars ($32500.00) each (“Monthly Installment”), without notice or demand therefor. The first Monthly Installment shall be due Page 1 of 9 Page 105 of 141 on the Commencement Date; thereafter, a Monthly Installment shall be due to the City on or before the first day of every calendar month. In the event that a termination of this Lease takes effect on a day other than the last day of a month, that last month’s Rent may be prorated accordingly by the City. Each Monthly Installment shall be paid to the City without any setoff or deduction whatsoever. The City may increase the Rent not more than once per year during the Lease Term, as follows: on or before April 1 of any year during the Lease Term, other than the year in which the Lease will expire, the City may give notice to the Tenant of a rent increase proposed to take effect on the July 1st next following the date of such notice. The amount of the rent increase shall be the greater of: (i) the percentage increase of the Consumer Price Index for All Urban Consumers for All Items [CPI-U (1982-1984 = 100)], if any, that occurred during the preceding twelve months, or (ii) three percent (3%) of the Rent payable at the time the City’s notice is given. 4. Security Deposit. No security deposit shall be required of Tenant. 5. Utilities. Tenant shall be responsible for telephone, cable television, internet and other communications service/utility charges provided to or utilized by Tenant at the Leased Premises, and for water, electric and gas utility services delivered to the Leased Premises for or in connection with Tenant’s use and occupancy. 6. Use of Premises. (A) Tenant represents and warrants that it will utilize the Premises as office space for its operations, and as a children’s museum (inclusive of activities as are reasonably and necessarily incidental thereto). The Premises shall not be utilized for any other purpose(s) without the advance written permission of the City. (B) In its use and occupancy of the Premises and the Carousel Space, Tenant shall comply with (i) applicable laws, ordinances, and regulations. Tenant’s obligations under this paragraph shall include, without limitation, compliance with health/ sanitary, building and fire codes, and related regulations, applicable to the use and condition of the Leased Premises, and (ii) Tenant shall also comply with rules set forth within Exhibit B to this Lease, and any other rules that may be established by City from time to time hereafter as deemed necessary for the safe and healthy use of the Premises and Carousel Space. (C) Tenant shall not keep or have, on or within the Premises or the Carousel Space, any article or thing of a dangerous, flammable or explosive character which might present or increase the danger of fire. (D) The museum located within the Premises, and the Carousel Space, shall be open to the public at least five (5) full days per week, during at least forty-eight (48) weeks per year. For purposes of this Lease, a “full day” shall mean at least six (6) hours of being open to the public. The Tenant shall give notice to the City of any substantial reduction in the days and times at which the Premises or Carousel Space are open to the public. As of the Commencement Date, the established days and times are: (i) Monday-Saturday: open 10:00 a.m. to 5:00 p.m., and (ii) Sundays: open by Page 2 of 9 Page 106 of 141 reservation for private parties. 7. Maintenance of Premises and Carousel Area. (A) City shall at its expense maintain and keep in good repair (i) the roof and exterior walls of the building in which the Premises are situated; (ii) plumbing and permanent electrical wiring serving the Premises; (iii) the heating, cooling and air conditioning systems, and plumbing fixtures that serve the Premises. Notwithstanding any other provision of this Lease, the cost of any maintenance, repair or replacement of the items referenced in (i)-(iii), above, required as a result of the negligence or willful act of Tenant, its employees, agents or invitees, shall be borne by Tenant. As part of its normal maintenance of the Downtown Mall, the City will remove tree limbs, bark and leaves, and snow, from within the Carousel Space, but not from the carousel itself. City will maintain the brick located within the Carousel Space. (B) Tenant shall be responsible for routine, non-structural repairs and maintenance of the Premises, and for all repairs and maintenance of the improvements within the Carousel Space (the carousel, fence enclosing the Carousel Space, and any fixtures, signs and equipment installed by Tenant). Tenant shall keep the demised real estate in neat and clean condition, and shall provide and pay for all janitorial services for the interior and exterior of the Premises and the Carousel Space, including, but not limited to trash disposal and pest control services. Tenant shall keep and maintain the Premises and the Carousel Space in the condition in which they exist on the Commencement Date, with exception of reasonable wear and tear and damage caused by accidental fire or other casualty. Tenant shall responsible for any maintenance and repair of the Premises and Carousel Space necessitated by or attributable to actions of Tenant, its invitees, agents or employees, in excess of reasonable wear and tear. Tenant shall keep the Leased Premises free of vermin. 8. Furnishings, Fixtures, Equipment and other Property. (A) The Premises may contain certain fixtures and equipment, as may be reflected on building plans in the possession of the City (which plans are available for inspection by Tenant at all regular business hours)(“City Fixtures and Equipment”). Any additional furnishings, fixtures, equipment or other property required by Tenant may be installed by Tenant, at Tenant's expense, with the advance written approval of the City. (B) All furnishings, fixtures, equipment and other property belonging to the Tenant, located on or about the Premises and Carousel Space, shall be there at the sole risk of the Tenant, and the City shall not be liable for the theft or misappropriation thereof, or for any damage or injury thereto, or for damage or injury to the Tenant or any of Tenant’s officers, agents, or employees or to other persons or to any property caused by fire, explosion, water, gas, electricity, leaks from the roof or other portion of the building, the bursting or leaking of pipes, plumbing, electrical wiring and equipment Page 3 of 9 Page 107 of 141 or fixtures of any kind, or by any act or neglect of other tenants or occupants of the building, or due to any other cause whatsoever, unless resulting from the willful acts of the City, its employees, agents or representatives for which it/ they may be held responsible under the laws of the Commonwealth of Virginia. (C) Tenant shall give immediate notice to the City in case of fire or accident occurring within the Premises or Carousel Space, or of any defects, damages or injury therein or in any City Fixtures or Equipment. 9. Alterations. Alterations and improvements may be made by the Tenant to the Premises or Carousel Space, but only with the City’s advance written consent. Upon the expiration or earlier termination of this Lease, Tenant’s alterations and improvements shall be removed, and the Premises and Carousel Space returned to their condition as of the Commencement Date, unless the City agrees otherwise in writing. 10. Signs. Tenant shall not display or erect any lettering, sign, advertisement, sales apparatus or other projection in any manner or place such that they are visible from locations exterior to the Premises (excluding interior window and door glass), except with the advance written approval of City and, when required, with a valid certificate of appropriateness. All existing signs may remain. 11. Taxes. During the term of this lease, and unless otherwise exempt by state law or local ordinance, the Tenant shall be responsible for, and shall pay directly to the City of Charlottesville (A) any real estate taxes and assessments imposed on its share of the leasehold interest, and (B) personal property, business license or other taxes imposed by the Commonwealth of Virginia or the City of Charlottesville. 12. Liability Insurance. Tenant, at its sole cost and expense, shall obtain and keep in force comprehensive public liability insurance coverage in a minimum limit of no less than $1,000,000 per occurrence, throughout the term(s) of this Lease. The policy shall include, without limitation, coverage for bodily injury and property damage to the Leased Premises. This insurance coverage shall be primary with respect to any other insurance maintained by the Tenant or City. (“Required Insurance”) Prior to the Commencement Date, and thereafter, upon request by the City, the Tenant shall provide the City with evidence, satisfactory to the City, of the Required Insurance. 13. Assignments. Tenant shall not assign any of its rights or obligations under this Lease, or sublease the Leased Premises, without the prior written consent of City. 14. City's Right of Entry. The City may enter the Carousel Space at any reasonable time, and the City may enter the Premises after giving reasonable advance notice to the Tenant, in either case for the purpose of inspecting the demised real estate, performing any work which City elects to undertake or is required by this Lease to perform, exhibiting the Premises for sale or lease, and for any other reasonable purposes consistent with the parties’ rights and obligations under this Lease. In case of emergency, the City may enter the Premises without Page 4 of 9 Page 108 of 141 advance notice to or consent of the Tenant; provided, however, the City shall give notice to the Tenant of an emergency entry within a reasonable amount of time. 15. Indemnification. Tenant shall indemnify City against all liabilities, expenses (including attorney's fees) and losses incurred by City as a result of (A) failure by Tenant to perform any covenant required to be performed by Tenant hereunder; (B) any accident, injury or damage which shall happen in or about the Premises or Carousel Space resulting from any condition, action or operation of the Tenant; (C) failure to comply with any laws, ordinances, regulations or requirements of any governmental authority; (D) any mechanics’ lien or security agreement or other lien filed against the Premises, the Carousel Space, or fixtures and equipment therein belonging to City; and (E) any negligent act or omission of Tenant, its officers, employees, and agents. 16. Right of First Refusal. If during the Term of this Lease the City receives a bona fide offer from a third party to purchase the Premises, the City shall not accept such offer without first offering the Premises for sale to the Tenant on the same terms and conditions contained in the third-party’s offer (“right of first refusal”). Tenant shall have a period of 60 days from the date of such offer, or the time period referenced in the offer, whichever is less, to notify the City of its intention to exercise this right of first refusal. If Tenant declines to exercise this right, or fails to give notice to the City within the required time period, then the City shall have the right to terminate this Lease upon ninety (90) days’ advance written notice to Tenant. 17. Damage by Fire or other Casualty. If the Premises or Carousel Space shall be rendered untenantable by fire or other casualty: (A) City may at its sole option terminate this Lease as of the date of such fire or other casualty, upon 30 days’ advance written notice to Tenant. In the event of such termination, rent shall be equitably adjusted. (B) If the City elects not to terminate this under the provisions of subparagraph (A) above, Tenant’s rent shall be equitably apportioned according to any space rendered untenantable, and City shall at its own cost restore the space to substantially its same condition immediately preceding such loss, provided that the cost of such work shall not exceed the insurance proceeds received by City on account of such loss, and the City shall not be required to pay for, restore or replace any furnishings, fixtures, or equipment of the Tenant. During the period in which the any demised space(s) are untenantable, the Rent shall be suspended, and the Lease Term may, at the Tenant’s option, be extended by an equivalent period of time. If City fails to substantially complete the restoration of the demised spaces within 90 days after such fire or other casualty (subject to allowance for delay that is not the fault of either City or Tenant) then either party may terminate this Lease by giving written notice to the other party within 15 days following the expiration of the 90-day restoration period. Page 5 of 9 Page 109 of 141 18. Default; Surrender. (A) Each of the following shall constitute an Event of Default: (i) if the Premises shall be vacated by Tenant prior to the end of the Lease period, or if Tenant is absent from the Premises for more than 10 consecutive days; (ii) if Tenant files a voluntary petition in bankruptcy, or is adjudged bankrupt or insolvent by any federal or state court, or files any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal or state law or regulation relating to bankruptcy, insolvency or other relief for debtors, or consents to or acquiesces in the appointment of any trustee, receiver or liquidator, or makes any general assignment for the benefit of creditors; (iii) if any monthly installment of Rent as herein called for remains overdue and unpaid for 30 days; (iv) failure of Tenant to maintain its status as a charitable, non-profit organization; and (v) if there shall be a default by Tenant in the performance for any other material obligation under this Lease agreement for more than 10 days following written notice thereof from City. (B) In the event of an Event of Default, City may, at its option, declare this Lease to be terminated and canceled, and may take possession of the Premises and Carousel Space. In such case, City may at its option, re-let the Premises and Carousel Space, or any part thereof, as agent for Tenant, and Tenant shall pay City the difference between the rent herein provided for during the portion of the Lease term remaining at the time of re-possession and the amount, in any, received under such relating for such portion of the Lease term. (C) Upon the expiration or earlier termination of the initial term of this Lease, or of any renewal term, Tenant shall quit and surrender the Premises and Carousel Space to City in good order and condition, ordinary wear and tear excepted. Tenant shall, on or prior to the Expiration Date or earlier termination date, remove all of its property (inclusive of all Tenant-owned furnishings, fixtures, equipment and all other property). Thereafter, within two weeks of such date, Tenant shall repair all damage to the Premises and Carousel Space caused by such removal and make restoration in accordance with the terms and conditions of this Lease. Any property of the Tenant that remains on the Premises or within the Carousel Space after the expiration or termination of this Lease may be treated by the City as abandoned property. In the event that such remaining property is worth (collectively) less than two thousand dollars, it shall collectively be deemed abandoned and may be immediately removed by the City disposed of as trash. 19. Miscellaneous covenants. Tenant shall faithfully observe and perform the following covenants, in addition to the other terms, conditions and covenants of this Lease: (A) Tenant shall not do or permit anything to be done in the Premises or Carousel Space, or bring or keep anything therein, which will or may: increase the rate of fire insurance of the building of which the demised real estate is a part, or obstruct or interfere with the rights of any other tenant(s). Page 6 of 9 Page 110 of 141 (B) Tenant shall not keep any animal(s) in or about the Premises or Carousel Space. (C) Tenant agrees to keep all windows and exterior doors closed in the Premises in order to assure proper functioning of heating and air conditioning systems and to prevent damage to the Premises, and upon failure to do so, agrees to pay for any damage caused thereby. (D) Tenant shall observe reasonable rules and regulations established from time to time by the City for the promotion of the convenience, safety or welfare of tenants and invitees, after being given notice thereof by the City. 20. Quiet Enjoyment. Upon payment by Tenant of all Rent and other sums provided to be paid in this Lease, and the observance and performance of all of the covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall have the peaceful and quiet use of the Premises, and all rights, servitudes and privileges belonging to, or in any way appertaining thereto, or granted hereby for the terms stated, without hindrance or interruption by City or any other person or persons lawfully claiming by, through or under the City; subject, nevertheless, to the terms and conditions of this Lease. 21. Notices. Notices under this Lease shall be in writing, signed by the party giving such notice, and shall be hand-delivered or sent by: (i) United States Mail, or (ii) electronic mail, addressed to a party at its address given below, or to such other address as a party may have furnished to the other by written notice. Any notice sent by U.S. mail shall be deemed to have been given as of the time-said notice is deposited in the United States Mail. The parties’ designated representatives and addresses for purposes of notices and communications pertaining to this Lease are as follows: City: City of Charlottesville- Attention: City Manager Mail: P.O. Box 911 Delivery: 605 E. Main Street Charlottesville, Virginia 22902 Email: citymgr@charlottesville.org Tenant: Virginia Discovery Museum—Attention: Lindsay Jones, Director of Operations Mail: 524 East Main Street Delivery: 524 East Main Street Charlottesville, Virginia 22902 Email: director@vadm.org 22. Governing Law. This Lease shall be construed under and governed by the laws of the Commonwealth of Virginia. 23. Waiver. Failure of the City to insist, in any one or more instances, upon a strict performance of any term, condition or covenant of this Lease, or to exercise any right or option herein provided, shall not be construed as a waiver or relinquishment of such right or option, and Page 7 of 9 Page 111 of 141 such right or option shall continue and remain in full force and effect. No waiver by the City shall be effective unless set forth in a writing signed by an authorized representative of the City. 24. Exhibits. The following exhibit(s) are attached and incorporated herein by reference, as if set forth herein verbatim: Exhibit A (Floor Plan) 25. Entire and Binding Agreement. This Lease sets forth the entire agreement between the parties, and there are no other terms, conditions, agreements or understandings between the parties, respecting the matters which are the subject of this Lease. This Lease is binding upon and shall inure to the benefit of the parties and their respective heirs, successors and assigns. WITNESS the following signatures and seals as of the date first above written. City: CITY OF CHARLOTTESVILLE, VIRGINIA BY: Charles P. Boyles, II, Its City Manager Tenant: VIRGINIA DISCOVERY MUSEUM, INC. BY: Print Name: Its: Page 8 of 9 Page 112 of 141 EXHIBIT B TO DISCOVERY MUSEUM LEASE (2021 – 2026) (3 pages, total) Facility Terms of Use: City of Charlottesville Buildings and Facilities Additional Conditions and terms of Use: • All Conditions set forth in this ‘Terms of Use’ are understood by the Tenant to be part of the Lease Agreement as executed between the City of Charlottesville and Tenant. I. Definitions Pertaining to Facility Use Conditions: Assignable Area: • Definition: The sum of all areas on all floors of a building assigned to, or available for assignment to, an occupant or specific use. • Description: Included should be space subdivisions of the ten major room use categories for assignable space – classrooms, labs, offices, study facilities, special use, general use, support, health care, residential and unclassified – that are used to accomplish the organization’s mission. Circulation Area: • Definition: The sum of all areas on all floors of a building required for physical access to some subdivision of space, whether physically bounded by partitions or not. • Description: Included should be, but is not limited to, public corridors, fire towers, elevator lobbies, tunnels, bridges, and each floor’s footprint of elevator shafts, escalators and stairways. Areas deemed ingress / egress as defined by the Fire Marshall’s Office. Building Service Area: • Definition: The sum of all areas on all floors of a building used for custodial supplies, sink room, housekeeping closets, and for occupant rest rooms. • Description: Included should be housekeeping closets or similarly small cleanup spaces, maintenance material storage areas, trash collection points exclusively devoted to the storage of nonhazardous waste created by the building occupants. Loading docks for the explicit use for material pick up or delivery. Page 9 of 9 Page 113 of 141 Facilities Maintenance: references to “Facilities Maintenance” are to the Division of Facilities Maintenance within the City of Charlottesville Department of Public Works. Contact: Mark Zavicar, zavicarm@charlottesville.gov (434-970-3665) Mechanical Area: • Definition: The sum of all areas on all floors of a building designed to house mechanical equipment, utility services, and shaft areas. • Description: Included should be mechanical areas such as HVAC equipment, electrical switch gear and transformers, domestic hot water heaters or boilers. Non-Assignable Area: • Definition: The sum of all areas on all floors of a building not available for assignment to an occupant or for specific use, but necessary for the general operation of a building. • Description: Included should be space subdivisions – building service, circulation and mechanical. Electrical Panel / Fire Alarm Control Panel: • Definition: The sum of all areas on all floors of a building designed to house electrical sub-panels, fire protection controls, and security controls integrated into the building operations. • Description: Including electrical distribution sub-panels, Fire Alarm Panels and Security or Access Control Panels. II. Terms of Use: A. General Conditions: o No food products are to remain in an open and unsealed condition at end of business, where promotion of insect or other pest infestations could occur. o Gates or other facility modifications for the purpose of securing areas, are not authorized without explicit authorization and approval from Facilities Maintenance and the City of Charlottesville Fire Marshal o Building Fire and Evacuation Drills to be administered in accordance with Virginia Statewide Fire Prevention Code and City of Charlottesville Fire Marshal requirements, including, but not limited to, use of designated ingress / egress routes. B. Custodial Services: o Tenant to submit in writing for approval, a cleaning service schedule sufficiently detailed to address facility occupancy in all Assignable Areas. o Janitorial and sanitizing cleaning agents must only be used and in the manner specified by the product manufacturer. o Cleaning agents used for the purpose of cleaning and sanitizing Assignable Areas, must be pre-approved by Facilities Maintenance. Page 10 of Page 114 of 141 o All cleaning chemicals must be stored in accordance with standards through OSHA, NFPA and Industry Best Practices and limited to storing in Building Service Areas. • Chemical Management: o An inventory of all stored chemicals used by tenant must be made available to Facilities Maintenance. o Facilities Maintenance reserves the right to deny storage of any chemical or otherwise volatile material that presents a clear hazard to building and / or occupants. o SDS for each stored chemical must be displayed in a visible and easily assessable station near stored chemicals. o Chemical agents must not be stored on any wood, or otherwise absorbent material and must be stored on Facilities Maintenance approved shelving systems in a manner consistent with OSHA, NFPA and Industry standards and best practices. o Dry goods or other cardboard boxed items to be stored in a manner consistent with industry best practices and in accordance with the Virginia Statewide Fire Prevention Code and City of Charlottesville Fire Marshal requirements. o Floor surface to remain clean and clear of any material that presents hazards or rite of passage concerns in all Assignable, Circulation and Building Service Areas. • Lighting: o All lighting fixtures must contain a full contingent of light products s as specified by the light fixture. No failed or diminished light bulbs in lighting fixtures. o Light fixture diffusers must be periodically cleaned to promote a safe and healthy environment. • Boiler and Mechanical Rooms: o Tenant shall not use and under any circumstance, any space in areas containing Boiler, Mechanical, or main electrical switch gear. Mechanical Areas to be accessible by Facilities Maintenance only unless otherwise authorized by Facilities Maintenance. • Electrical Panel / FACP o Electrical Panel and FACP closets are not authorized to be used for storage by the tenant as found in Mechanical Areas. o Electrical Sub-Panel closets may be conditionally used and only under authorization from Facilities Maintenance. • Circulation Areas: o Under no conditions will stairways and stairway landings be used for storage or as an interim space for inventory replenishment. o No non-emergency or non-directional signage or communication notices are authorized to be placed on walls or on any free standing easels on stairway landings. o All circulation areas are to be free of obstructions and kept clean in accordance to Industry Best Practices. o Circulation Areas must be used and maintained in conformity with the Virginia Statewide Fire Prevention Code and City of Charlottesville Fire Marshal requirements regarding Ingress / Egress routes. Page 11 of Page 115 of 141 EXHIBIT A TO DISCOVERY MUSEUM LEASE (3 PAGES, TOTAL) Description of Premises Areas within the building located at 524 East Main Street on the Downtown Mall, designated on 2016 City Real Estate Tax Map 53 as Parcel 70, including the lower floor, ground floor, and second floor space depicted on the Floor Plan included as part of this Exhibit A, and all City-owned furnishings, fixtures and equipment located therein, and all appurtenances thereunto pertaining. Description of Carousel Space All that area of public right-of-way land on the Downtown Mall, located in the 500 block of East Main Street, encompassing approximately 990 square feet of space and located directly in front of 524 East Main Street, as shown on the Virginia Discovery Museum Carousel Space drawing (dated August 26, 2016) included as part of this Exhibit A. Page 12 of Page 116 of 141 6th Street NE Charlottesville City Hall Market Street Parking Garage 605 E Main Street 513 E Main Street 15' E Main Street 16' Carousel Space 512‐520 E Main Street 524 E Main Street 0 ft. 12 ft. 20 ft. 40 ft. Virginia Discovery Museum Carousel Space Page 117 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Public Hearing and Approve Supplemental Appropriation Staff Contact: Garland Williams, Director of Transit Division Presenter: Garland Williams, Director of Transit Division Title: Supplemental Appropriation of State and Federal Transit Capital & Operating Grants - $5,038,344 Background and Discussion: Total Appropriation of $5,038,344 to be utilized as follows: Capital Funding - $4,392,090. FTA (Federal Transit Administration) has awarded the Transit Division of the City of Charlottesville federal assistance to support the Capital Projects in the operations of public transit services. The Capital Projects include the purchase of five (5) 26ft buses, one (1) 30ft bus, and five (5) 35ft buses; one (1) support vehicle; Radios and network; APC (Automatic Passenger Counter) devices for the 36 bus fleet; one (1) Bobcat Skid-steer Loader, one (1) Industrial floor Scrubber; and two (2) Bus lifts; to support daily fixed-route services and maintenance support operations. The Transit Division has sufficient funds in the budget for the required match of these procurements due to an unallocated balance held in CIP. Operating Assistance Funding - $11,886. The final Federal Transit Administration (FTA) Operating Award is $11,886 greater than appropriated in the FY2021 budget. The increase from FTA is formula driven based on performance data and overall available funding. Federal Funding for JAUNT - $634,368. FTA has awarded $634,368 to JAUNT (which represents 25% of the total federal allocation for the FY2021 budget year). The City of Charlottesville acts as a fiscal agent and pass through of the section 5307 funds for JAUNT. A supplemental appropriation is requested for project revenues/expenses that include: Page 118 of 141 Transit Grant by Type FY21 Budget FY21 Award FY21 Appropriation Federal Operating Assistance 1,891,217 1,903,103 11,886 TOTAL OPERATING AWARD 1,891,217 1,903,103 11,886 TOTAL JAUNT(Pass-through Funds) - 634,368.00 634,368.00 Federal Capital Award 1,756,836 1,756,836 State Capital Award 2,459,570 2,459,570 Local CIP match P-00334 175,684 175,684 TOTAL CAPITAL AWARD 4,392,090 4,392,090 TOTAL APPROPRIATION REQUEST 5,038,344.00 The City of Charlottesville is responsible for a 50% local match of all Federal Operating funds. Community Engagement: Charlottesville Area Transit utilizes the Metropolitan Planning Organization’s Public Participation Plan to fulfill its public engagement requirements. The MPO’s PPP includes an opportunity for members of the public to request a public hearing on CAT’s Program of Projects. No public hearing was requested through those means. However, due to the amount of change to the Charlottesville Area Transit budget, a public hearing is required prior to appropriation. Alignment with City Council’s Vision and Priority Areas: Approval of this agenda item aligns directly with Council’s vision for Charlottesville as a Connected Community, where the City is part of a comprehensive transportation system that enables citizens of all ages and incomes to easily navigate our community. It also aligns with Strategic Plan Goal 3: A Beautiful and Sustainable Natural and Built Environment, Objective 3.3 Provide a variety of transportation and mobility options. Budget Impact: There is no impact to the General Fund. Local match requirements for the Operating Assistance will be covered through the previously appropriated City contribution from the General Fund and Albemarle County’s contribution. The pass through of grant funds for JAUNT has no budget impact on the General Fund. Local capital contributions are required in the amount of $175,684. Matching requirements for these funds are four (4) percent and Transit has sufficient funds in the unallocated CIP budget to accommodate this match requirement without additional City funding. Recommendation: Staff recommends approval and appropriation of funds. Alternatives: City Council may choose not to appropriate the match funds. Without this appropriation, CAT will not have reliable equipment to support its operations and provide the level of service depended upon in our community. Attachments: Appropriation resolution Page 119 of 141 RESOLUTION APPROPRATING FUNDS FOR Supplemental State and Federal Transit Capital & Operating Grants $5,038,344 WHEREAS, The FY21 State Capital Grant in the amount of $2,459,570 and the Federal Capital Grant in the amount of $1,756,836 has been awarded to the City of Charlottesville, with a local CIP match of $175,684; the combined amount of capital grant funds is $4,392,090; and WHEREAS, The FY21 Federal Operating Grant in the amount of $1,903,103 has been awarded to the City of Charlottesville, this amount of operating grant is $11,886 more than initially budgeted; and WHEREAS, The FY21 Federal Operating Grant has been awarded to JAUNT in the amount of $634,368; these funds must pass through the City of Charlottesville as required; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby appropriated in the following manner, contingent upon receipt of the grant funds: Revenue (Capital) $2,459,570 Fund: 245 Cost Center: 2804001000 G/L: 430110 State Grants $1,756,836 Fund: 245 Cost Center: 2804001000 G/L: 431110 Federal Grants Expenditures (Capital) $3,737,017 Fund: 245 Cost Center: 2804001000 G/L: 541040 Vehicles $ 655,072 Fund: 245 Cost Center: 2804001000 G/L: 541090 Equipment Revenue (Operating) $11,886 Fund: 245 Cost Center: 2801003000 G/L: 431010 Federal Grants Expenditures (Operating) $11,886 Fund: 245 Cost Center: 2801003000 G/L: 599999 Lump Sum Revenue (JAUNT) $634,368 Fund: 245 Cost Center: 2821002000 G/L: 431010 Federal Grants Expenditures (JAUNT) $634,368 Fund: 245 Cost Center: 2821002000 G/L: 540365 JAUNT Payment BE IT FURTHER RESOLVED, that this appropriation is conditional upon the receipt of the $2,459,570 from the Virginia Department of Rail and Public Transportation and $2,403,090 from the Federal Transit Administration. Page 120 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Review request and make funding recommendation Presenter: Ryan Davidson, Sr. Budget & Management Analyst, Budget Office Kaki Dimock, Director, Human Services Staff Contacts: Ryan Davidson, Sr. Budget & Management Analyst, Budget Office Kaki Dimock, Director, Human Services Title: Out of Cycle Request for Funding: Peace in the Streets: $145,000 Background: On April 21, 2021, Conscious Capitalist Foundation submitted a request to city council for out of cycle funding to support Peace in the Streets, a gun violence prevention approach. Conscious Capitalist Foundation uses an approach to mentoring using ‘credible messengers’: people who use their lived experience as an opportunity to build trusting authentic relationships with students engaged in the program. The credible messenger approach is associated with positive outcomes in engaging in services and programs; reductions in re-arrest and violations; increased compliance with court and school conditions; and improved collaboration between system stakeholders and the broader community. Using credible messengers, Conscious Capitalist Foundation engages a transformative mentoring curriculum and program model called Healthy, Wealthy, and Wise, which has been identified as a promising practice by the National Institute for Criminal Justice Reform. Discussion: This community has experienced a significant increase in gun violence and gun-related incidents. Community members continue to express fear and frustration. Charlottesville Police Department has implored the community to help craft response(s). Peace in the Streets has heeded that call and has developed a positive working relationship with many community partners and neighborhood leaders; is staffed by people with credibility and lived experience; and is supported by a structured model for de-escalation. On May 17, 2021, the Department of Human Services submitted a proposal for funding to the Virginia Department of Criminal Justice Services for community-based responses to increase gun violence. If awarded, the Department of Human Services would subcontract with community providers, including Peace in the Streets, in the amount of $50,000 - $100,000 per year for such services. Page 121 of 141 Community Engagement: No community engagement was specifically conducted as part of staff review of this out of cycle request. Alignment with City Council’s Vision and Strategic Plan: This grant advances the City of Charlottesville’s Strategic Plan goals for inclusivity, self- sufficiency, and community safety. Budgetary Impact: This request is for $145,000, 100% of the cost of the proposed project. The only currently identified funding source for this request would be the City Council Strategic Initiatives Fund and the Council Equity Funds, which as of June 11, 2021 had a combined balance of $327,507.13. Recommendation: This out of cycle request is being presented to City Council for review and potential funding recommendation at the request of Councilor Hill, consistant with City Council’s policy. Staff has prepared a resolution that allocates $50,000 from Council’s Strategic Initiative Account should Council choose to fund this request. City Council could also amend the resolution if the decision is to fund at a greater or lesser amount. The total request of $145,000 is in excess of current policy for out of cycle requests to be limited to $50,000. The $50,000 amount in the resolution was chosen to conform with the current Council policy that out of cycle requests be limited to $50,000, and is not a staff recommendation for a funding amount, as that final recommendation is a Council decision. Alternatives: Council could choose to not fund this request at this time; chose to fund it at a different amount than the $50,000 in the resolution; or identify a different source of funding than the Council Strategic Initiatives Fund. Attachments:  Resolution  Peace in the Streets proposal for funding submitted to City Council on April 21, 2021. Page 122 of 141 RESOLUTION APPROPRIATING FUNDING FOR Conscious Capitalist Foundation Peace in the Streets Program $50,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $50,000 is hereby paid from currently appropriated funds in the Council Strategic Initiatives account in the General Fund to the Conscious Capitalist Foundation in support of the Peace in the Streets program. $50,000 Fund: 105 Cost Center: 1011001000 Page 123 of 141 Peace in These Streets Program Overview A targeted solution for reducing cyclical and retaliatory gun violence in Charlottesville neighborhoods. Background Research since the 1980s has dispelled the myth that urban gun violence is a community -wide issue. There are few ‘violent communities’ but rather gun violence is extremely concentrated in very particular places and among very particular people. Yet, it is not the places themselves that are committing gun violence but a very small number of highly influential people in communities.1. For example, a study conducted in Chicago found that 70 percent of all nonfatal gunshot victims were in social networks of co-offending people, which comprised less than 6 percent of the city's total population.2 In Oakland, the Giffords Law Center found that just 400 people, or 0.1% of the city’s population, were most at risk of and responsible for a majority of the city’s homicides. Importantly, the offenders and victims of urban gun violence are young men of color living in communities with long histories of structural racism, divestment and alienation from state institutions, particularly law enforcement, but also social services, education and others.3 Such in the case in Charlottesville, where we have seen an increase in gun violence in recent months. Our Approach In response to growing violence, a number of initiatives have begun all utilizing different methodologies to tackle a pressing issue which should be viewed as systemic in nature. Peace in the Streets was formed to reduce cyclical and retaliatory gun violence in Charlottesville urban neighborhoods as a response to the spike in gun violence during the pandemic. Our co-founders Robert Gray, Nicholas Feggans, and Martez Washington invest in the development and empowerment of those at the core of this crisis. By working with and supporting a targeted group of individuals at the core of gun hostilities, Peace in These Streets bridges the gap between anti-violence programming and a hard-to-reach population at the center of violence in our city. We offer proactive mediation and mentoring to break the cycle of gun hostilities and altering not only the trajectory of these men’s lives, but for the community as a whole. Through the Peacemaker Fellowships, which includes daily, one-on-one engagements by credible messengers to client for 18-months; conflict mediation & service navigation; strategy is developed with, not for, client and codified in an individualized Life MAP, a life 1 Advance Peace. https://www.advancepeace.org/wp-content/uploads/2020/08/ap-focused-deterrence-v1-1.pdf. Accessed April 3 2 Ibid 3 Ibid Page 124 of 141 management action plan. Positive incentives include travel and milestone allowance. Evidence Based Healthy, Wealthy, and Wise life skills classes are held with groups of fellows that communicate positive alternatives. Peace in These Streets achieves outcomes by partnering with both public and community- based stakeholders to establish responsive community-driven avenues for conflict resolution achieve high-impact outcomes for those caught in the cycle of urban gun violence. In addition to conflict resolution we serve as connectors and messengers. We guide high risk men and women to appropriate resources and mobilize them to embrace prominent roles in their communities. In doing so, our initiative addresses conflict and raises awareness about the peace movement which seeks to arm people with opportunities for personal development as a tool to fight back against gun violence. Evaluation and Impact 1. Reduction in community & city-wide gun homicide and assaults 2. Clients are alive 3. Reduction in recidivism 4. Reduction of clients injured by firearm 5. Reduced client involvement in firearm conflict 6. Ethnographic accounts of impacts on outreach workers, fellows and community members. Program Cost TOTAL PROJECT BUDGET BUDGET Budget Justification (Narrative) PERSONNEL/STAFFING EXPENSES (List title and % FTE on project) The Executive Director will provide supervision and guidance for the PITS program and will manage relationships with program referral and service Executive Director (25%) $20,000 partners. The Peacemakers Fellowship Facilitator will lead weekly HWW life skills classes over one 18 month session. The (PF) Facilitator will track Peacemakers Fellowship attendance and progress in completing individualized Life Maps and will Facilitator/Neighborhood meet one-on-one with clients, as needed. The (NCA) also connects families Change Agent 1(100%) $ 40,000.00 to resources when the root cause of an issue requires support. Peacemakers Fellowship Coordinator/ Neighborhood The Peacemakers Fellowship Coordinator will oversee operations of the Change Agent 2 (100%) $ 40,000.00 (PF) program, including scheduling, communications, and reporting, in Page 125 of 141 partnership with the HWW Facilitator. The (NCA) also connects families to resources when the root cause of an issue requires support. Funds for weekly food distribution and community outreach to engage high Happy Saturdays $15,000 risk neighborhoods and raise awareness around gun violence Funds to continue to engage with Advance Peace Movement and bring Additional Peace Training $ 15,000 resources to Charlottesville Reporting & Evaluation $ 10,000 Funds to ensure rigorous accountability of program outcomes. The current cost of the PITS program is scaled to meet our current Total $145,000 programming abilities. Page 126 of 141 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2021 Action Required: Review request and make funding recommendation Presenter: Ryan Davidson, Sr. Budget & Management Analyst, Budget Office Kaki Dimock, Director, Human Services Staff Contacts: Ryan Davidson, Sr. Budget & Management Analyst, Budget Office Kaki Dimock, Director, Human Services Title: Out of Cycle Request for Funding: Conscious Capitalist Foundation: $203,500 Background: On April 21, 2021, Conscious Capitalist Foundation submitted a request to city council for out of cycle funding to support intensive mentoring and support to youth referred by Lugo-McGinness Academy. Conscious Capitalist Foundation uses an approach to mentoring using ‘credible messengers’: people who use their lived experience as an opportunity to build trusting authentic relationships with students engaged in the program. The credible messenger approach is associated with positive outcomes in engaging in services and programs; reductions in re-arrest and violations; increased compliance with court and school conditions; and improved collaboration between system stakeholders and the broader community. Using credible messengers, Conscious Capitalist Foundation engages a transformative mentoring curriculum and program model called Healthy, Wealthy, and Wise, which has been identified as a promising practice by the National Institute for Criminal Justice Reform. Discussion: Much of the Concious Capitalist Foundation proposal describes an intent to drive a juvenile justice reform process in this community. While Conscious Capitalist Foundation is a critical partner in this process, it is already significantly underway. Over a year ago, the 16th District Court Services Unit, together with its partners, including Charlottesville Police Department, Department of Human Services, Charlottesville Commonwealth Attorney’s Office, Judge Barredo, and the Virginia Department of Juvenile Justice, was awarded one of seven grants to participate in a juvenile probation transformation project with the Center for Juvenile Justice Reform at Georgetown University, funded and supported by the Annie E. Casey Foundation. The goals of this project are: Goal 1: Create a statement of purpose for probation and conduct system mapping to identify, create, and expand on and off ramps of the system Goal 2: Improve family engagement Goal 3: Create and implement Restorative Justice Programming at all exit points in the juvenile Page 127 of 141 system Goal 4: Implement new and updated diversion policy within the Police Department Goal 5: Reduce number of technical violations Goal 6: Reduce number of Child in Need of Services/Supervision petitions and cases This is a planned multi-year project with technical assistance and support provided by Annie E. Casey for at least two years. Implementation partners include the original team plus community- based organizations and schools, including Conscious Capitalist Foundation. They have launched two work groups to create increased opportunities for police-initiated system diversions and to increase meaningful family engagement. Focus groups with families and youth involved, or previously involved, in the juvenile justice system are in the planning phases. Staff reached out to Conscious Capitalist Foundation to clarify their intentions for the proposal and services to be delivered. Conscious Capitalist Foundation clarified that the proposal is to provide transformative mentoring services to 40-50 youth referred by Lugo McGinness Academy. Community Engagement: No community engagement was specifically conducted as part of staff review of this out of cycle request. Alignment with City Council’s Vision and Strategic Plan: This grant advances the City of Charlottesville’s Strategic Plan goals for inclusivity, self- sufficiency, and community safety. Budgetary Impact: This request is for $203,500, 100% of the cost of the proposed project. The only currently identified funding source for this request would be the City Council Strategic Initiatives Fund and the Council Equity Funds, which as of June 11, 2021 had a combined balance of $327,507.13. Recommendation: This out of cycle request is being presented to City Council for review and potential funding recommendation at the request of Councilor Hill, consistent with City Council’s policy. Staff has prepared a resolution that allocates $50,000 from Council’s Strategic Initiative Account should Council choose to fund this request. City Council could also amend the resolution if the decision is to fund at a greater or lesser amount. The total request of $203,500 is in excess of current policy for out of cycle requests to be limited to $50,000. The $50,000 amount in the resolution was chosen to conform with the current Council policy that out of cycle requests be limited to $50,000, and is not a staff recommendation for a funding amount, as that final recommendation is a Council decision. Alternatives: Council could choose to not fund this request at this time; choose to fund it at a different amount than the $50,000 in the resolution; or identify a different source of funding than the Council Strategic Initiatives Fund. Page 128 of 141 Attachments:  Resolution  Conscious Capitalist Foundation proposal for funding submitted to City Council on April 21, 2021. Page 129 of 141 RESOLUTION APPROPRIATING FUNDING FOR Conscious Capitalist Foundation $50,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $50,000 is hereby paid from currently appropriated funds in the Council Strategic Initiatives account in the General Fund to the Conscious Capitalist Foundation in support of intensive youth mentoring and support program. $50,000 Fund: 105 Cost Center: 10110010000 Page 130 of 141 Rehabilitating Juvenile Justice Initiative Overview The Rehabilitating Juvenile Justice Initiative (RJJI) will work to engineer a better justice system for Charlottesville youth while cultivating the skills and behavior shifts needed to navigate challenges during adolescents. This initiative will deploy a systemic approach to reengineering our City’s juvenile justice infrastructure by working across organizational partners to push juvenile probation policy reform, providing cognitive behavioral therapeutic mentoring in schools and residential facilities, as well as running youth entrepreneurship training. The overall impact of this work will lower recidivism rates, reduce youth delinquency, and promote positive long-term change within the juvenile court system. Background In 2014, Charlottesville City Council was presented with one of the first deep studies on disproportionate minority contact in the juvenile justice system. As requested by council, the Charlottesville Task Force on Racial Disparities and Disproportionality set out to understand the root causes of racial disparities in our local juvenile justice system and provide recommendations for best practices in solving the challenge.1 This report released seven years ago, described a terrain where Black youth fair far worse in our justice systems than their white peers and called for concerted action to remedy the systemic issue. In response, City Council developed a Black Male Achievement (BMA) board that has done significant work to support Black youth academic outcomes ensuring they have the investment they need to prosper in the classroom while highlighting the excellence these young boys exhibit.2 Over the years, BMA has garnered national attention leading to partnerships such as My Brother’s Keeper which is an initiative to address persistent opportunity gaps faced by boys and young men of color and ensure that all young people can reach their full potential.3 A number of other city funded initiatives have worked to provide tutoring for children and other educational avenues. These strategies are necessary for our city’s developing infrastructure to support African American youth. However, few interventions are geared towards our most vulnerable youth therefore stalling progress towards truly advancing a decrease of disproportionate minority contract in our juvenile justice center. Today, our city is at an inflection point with an overall decline in juvenile cases appearing 1 Charlottesville DMC Report. https://www.justice4all.org/wp-content/uploads/2014/06/Disproportionate-Minority- Contact-in-the-Juvenile-Justice-System.pdf . Accessed April 2, 2021 2 City of Charlottesville https://www.charlottesville.gov/1098/Black-Male-Achievement . Accessed April 2, 2021 3 The White House Archives. https://obamawhitehouse.archives.gov/my-brothers-keeper . Accessed April 2, 2021 Page 131 of 141 to be unstable (Figure 1). Recent policy changes passed along bipartisan lines during the Trump Administration have set new standards for juvenile intake and accounting. Even still, our City looks to be heading towards a decline in juvenile cases. However, a closer look at the data demonstrates that disproportionate minority contact continues to be a pressing challenge for our city with Black youth making up the greatest share of juvenile intake cases over the past three years (Figure 2). In the 2020 fiscal year, Black youth accounted for almost 80% of cases, demonstrating a pressing need for support in areas the City has yet to holistically tackle. Total Juvenile Intake Complaints 195 190 185 180 175 170 165 160 Figure 1. Total juvenile intake complaints 155 in Charlottesville, VA4 over the last three 150 years illustrate an unstable picture. These 145 fluctuating figures could be impacted by FY18 FY19 FY20 federal policy such as the Juvenile Justice Reform Act of 2018 which amended the Total Juvenile Complaints 1974 Juvenile Justice and Delinquency Prevention Act.5 Black Youth Make Up An Increasingly Larger Majority of Juvenile Intake Cases Charlottesville, VA 2018-2020 90.0% 80.0% 70.0% 60.0% Asian 50.0% Black 40.0% White 30.0% Other/Unknown 20.0% 10.0% 0.0% FY18 FY19 FY20 Figure 2. Juvenile Intake Cases by Race 4 Virginia Department of Juvenile Justice (data source: FY2020 Data Resources by Localities) http://www.djj.virginia.gov/pages/about-djj/drg.htm. Accessed March 31, 2021 5 Office of Juvenile Justice and Delinquency Prevention. https://www.juvjustice.org/sites/default/files/resource- files/Summary%20of%20the%20Juvenile%20Justice%20Reform%20Act%20of%202018.pdf Page 132 of 141 A Whole Justice Approach: Credible Messengers, Collaboration, and Policy Reform Through Rehabilitating Juvenile Justice Initiative (RJJI), the city of Charlottesville will round out the services it provides for African American youth. This initiative will build upon the credible messenger approach to cultivate the skills and behavior shifts needed to navigate unique challenges during adolescents. The Credible Messenger movement emerged out of a core belief that communities have within them transformative resources to lift up justice-involved people in a comprehensive and positive way. It works from the inside out: justice involved/at-risk young people who have a higher risk of re-offending are matched with specially trained adults with relevant life experiences (often previously incarcerated, Returned Citizens) called Credible Messengers, who share their background.6 Credible Messengers improve outcomes for young people in the justice system: • Increased engagement with programs and services • Reduction in re-arrests, violations, and anti-social behavior • Increased compliance with court mandates • Improved relationships between system stakeholders and community members • More community capacity to support system-involved youth By partnering with Charlottesville City Schools as well as Lugo McGinnis, the RJJI will create sustainable pathways to support at risk youth throughout our school system. In addition to direct programming the initiative will work to enhance the city’s current work by collaborating with existing programs to create additional growth opportunities for youth caught in the juvenile justice system. This might include entrepreneurship training, engagement with the arts, or access to internship opportunities, and job placement. Below, you will find an overview of the goals, activities, and expected outcomes for the Rehabilitating Juvenile Justice Initiative. Goals 1. Increase access to community-based programs and services among high-risk and justice-involved youth enrolled in alternative schools and their families. 2. Improve academic achievement and dropout rates among system-connected and high- risk youth enrolled in CCS and alternative schools. Reduce disparities in school discipline and achievement in alternative schools where Conscious Capitalist Foundation is leading RJJI programming. 3. Reduce recidivism among youth leaving the Albemarle County JJC and reduce youth arrests and incarceration in Charlottesville and Albemarle County. 4. Pursue policy change in collaboration with Legal Aid Justice Center Just Children programming. 6 Credible Messenger Justice Center. https://cmjcenter.org/approach/. Accessed March 31, 2021 Page 133 of 141 Activities and Outcomes: July 2021 – June 2022 A. Provide a coordinated service network for high-risk and justice-involved youth and their families through partnerships with youth-serving organizations. Outcome 1: 75 percent of youth participants demonstrate completion of Achievement Plan goals within three months of engagement. Outcome 2: 75 percent of youth remain engaged in RJJI services for at least 12 months, measured by case summaries. Outcome 3: Youth demonstrate active participation in program, measured by attendance and engagement in meetings with Credible Messenger and completion of partner services and programs. B. Establish mechanisms for policy reform including both formal and informal meetings with oversight by community stakeholders and community members on juvenile policy reform. This might include working with the City’s Taskforce as well as Legal Aid Justice Center’s Just Children program. Outcome 1: By June 2022, host a series of community events engaging youth, family, organizations, and policy makers in discussions on adolescent disciplinary policy in schools and juvenile justice court system. Outcome 2: Provide opportunities for over 500 community members and stakeholders to engage in visioning and redefining more supportive system for our youth priorities. C. Plan for sustainability by pursuing additional funding for long-term investment at the city, agency and community member levels. Outcome 1: By January 2022, secure a funding match of at least $50,000 to support this initiative. Outcome 2: By June 2022, present a diversified multi-year funding plan to City Council. D. Contribute subject matter expertise to discussions on credible messenger program, and other planning and policy development to ensure that the City, the University of Virginia, community organizations and citizens are aware of the impact of policy on transforming the school to prison pipeline. Outcome 1: By October 2021, the Initiative will conduct a mid-term evaluation and share reports of program progress. Outcome 2: By June 2022, the Initiative, with input from youth, teachers, and other community members, will publish and present a Reimagining Juvenile Justice policy agenda to City Council. E. Identify and apply for opportunities to highlight the City’s Rehabilitating Juvenile Justice work statewide and nationally. Outcome: By June 2022, develop a plan for learning exchanges, such as presentations at national conferences that will extend Charlottesville’s Page 134 of 141 Rehabilitating Juvenile Justice reach to statewide, regional and national partners. Budget TOTAL PROJECT BUDGET BUDGET Budget Justification (Narrative) PERSONNEL/STAFFING EXPENSES (List title and % FTE on project) The Executive Director will provide supervision and guidance for the HWW program and will manage relationships with program referral and service partners. The base salary for the position is $80,000. The Executive Director will dedicate 25 percent of their time to the project for a total Executive Director (25%) $20,000 program cost of $20,000 per year. The HWW Coordinator will oversee operations of the HWW program, including scheduling, communications, and reporting, in partnership with the HWW Facilitator. The base salary for the position is $40,000. The HWW Coordinator will work on the program full time for a total program cost of HWW Coordinator (100%) $ 40,000.00 $40,000 per year. The HWW Facilitator will lead weekly HWW CBT groups to up to 25 young people over each 14-week session. The HWW Facilitator will track attendance and progress in completing companion journals and will meet one-on-one with HWW clients, as needed. The base salary for the position is $40,000. The HWW Facilitator will work on the program full time for a HWW Facilitator (100%) $ 40,000.00 total program cost of $40,000 per year. The Assistant Executive Director will connect young people to services, supports, and, opportunities; guide young people in developing life plans outlining milestone goals; and support young people in meeting life plan goals. The base salary for this position is $80,000. The Deputy Director will dedicate 25 percent of their time to the project for a total program cost of Deputy Director (25%) $ 20,000.00 $20,000 per year. Subtotal, Personnel/Staffing Expenses $ 120,000.00 CCF calculates benefits at 25 percent of total salaries. These funds cover the cost of employee benefits, including health, dental and vision plans, as well as mandatory employment costs such as FICA, Social Security, SDI, and Benefits (25% of Personnel) $ 30,000.00 unemployment taxes. NON-PERSONNEL EXPENSES CCF budgeted $5,000, approximately 10 percent of its total annual rent costs, for office space where weekly HWW CBT groups and one-on-one life Rent $ 5,000.00 coaching will take place. CCF budgeted $2,000 per year for general office supplies, including pens, paper, paperclips, binders, notepads, and staplers. Program staff will use these supplies in leading HWW groups and one-on-one life coaching, and Office Supplies $ 2,000.00 for general program operations and reporting. Page 135 of 141 CCF budgeted $3,000 per year for equipment needs for program staff, including computer hardware and software; office furniture (desks, desk Equipment Supplies $ 3,000.00 chairs, organization units, and chairs for clients); and printers/copiers. Communications (Telephone, Internet, etc.) $2,000 CCF budgeted $2,000 a year for communications CCF budgeted $2,000 per year in transportation costs. CCF Life Coaches often travel throughout Charlottesville to meet with clients in the community, conduct home visits, and accompany clients to appointments, interviews, and meetings with partner organizations. CCF also provides Travel $ 5,000.00 transportation support to clients, as needed. Subtotal $167,000 INDIRECT/OVERHEAD EXPENSES CCF budgeted $16,500 in indirect costs. These funds will be used to cover (Direct Expenses = the costs of accounting, human resources, insurance, and information Personnel + Non-Personnel) $16,500 technology to support program operations. OTHER COSTS Subcontracts/Consultants $15,000 Evaluation & Reporting CCF budgeted $5,000 in participant stipends for the HWW program. Young people enrolled in the program will be able to earn small stipends for Stipends $5,000 meeting program milestones. TOTAL EXPENSES (Personnel + Non-Personnel + Other Costs) $203,500 The total annual program cost is $203,500. Page 136 of 141 Additional Funding Opportunities OJJDP FY 2021 Multistate Mentoring Programs Initiative Closing Date April 9, 2021 This program supports the implementation and delivery of mentoring services to youth populations that are at risk for juvenile delinquency and juvenile justice system involvement. OJJDP FY 2021 National Mentoring Programs Closing Date April 9, 2021 This solicitation provides funding for applicant organizations to enhance and expand mentoring services for children and youth. OJJDP FY 2021 Reducing Risk for Girls in the Juvenile Justice System Closing Date April 9, 2021 The goal of this program is to reduce risk factors and promote protective factors for girls who come in contact with the juvenile justice system, and place them on a path toward success, stability, and long-term contribution to society. OJJDP FY 2021 Second Chance Act Addressing the Needs of Incarcerated Parents and Their Minor Children Closing Date April 12, 2021 The goal of this program is to assist states and localities in developing or expanding services that meet the needs of incarcerated parents and their minor children to prevent violent crime, reduce recidivism, and provide support for minor children. OJJDP FY 2021 Mentoring for Youth Affected by the Opioid Crisis and Drug Addiction Closing Date April 13, 2021 This program supports the implementation and delivery of mentoring services to youth who are currently abusing or addicted to drugs, youth at risk for abusing drugs, and youth with family members who are currently abusing or addicted to drugs. Page 137 of 141 Appendix Blue Ridge Juvenile Detention James W. Boland, Director April 15, 2021 To whom it may concern, As Executive Director of Blue Ridge Juvenile Detention (BRJD), a 40-bed facility serving the City of Charlottesville, and the Counties of Albemarle, Culpeper, Fluvanna and Greene, I am pleased to provide this letter of support for the Conscious Capitalist Foundation (CCF). The partnership BRJD and CCF has established over these past two years has proven to be extremely beneficial to both our staff and the residents we serve. The services CCF provides perfectly supplements and enhances what our staff strive to deliver to our residents daily but from an active real-world perspective. Their mission to provide financial literacy, business skill development, and ongoing mentorship has opened numerous channels as it relates to the opportunities our residents have when planning for reentry to their communities. The Conscious Capitalist Foundation empowers youth and provides the additional tools to further assist our residents in getting a head start in becoming successful members of and contributors to their community. I have personally participated alongside the residents during one of the 8-week entrepreneurship groups and have openly expressed how beneficial it could have been for me to understand what they teach at such a young age, much of which I gained a better understanding of while participating in this group. BRJD and its staff appreciate your consideration of our comments and hope this will assist in providing insight into the value CCF offers to our residents and the community as a whole. Please do not hesitate to contact me if you have questions or need additional information on the programs and services CCF provides to the residents at Blue Ridge Juvenile Detention. Sincerely, Jay Boland, Executive Director Blue Ridge Juvenile Detention 195 Peregory Lane · Charlottesville, VA 22902 · Phone: 434-951-9340 · Fax: 434-951-9346 · www.brjd.org Page 138 of 141 Appendix, continued Center for the Redress of Inequity through Community Engaged ScholarshipDemocracy Initiative College and Graduate School of Arts and Sciences To Whom It May Concern: I i e hi le e o e e he en h ia ic o of UVA E i Cen e for the partnership between Lugo-McGinnis Academy (LMA) and Conscious Capitalist Group (CCG). Their goals and mission are aligned with the priorities of the Equity Center. Specifically, we see them as critical partners in reducing the inequitable access to education resources for underrepresented youth in Charlottesville. Collectively, we can build a pipeline that provides community-based mentorship, opportunities to explore career and college pathways, and effectively close the opportunity gap for the scholars that attend LMA. In a year that has been mercurial at best, a consistent rock for the community and youth has been Conscious Capitalist Group. We are excited to work with them to deepen their impact. It is our express belief that this initiative which represents a partnership between University entities, community partners, city high-school students, advances the Equity Center mission of bringing rich resources to bear on the work of tangibly redressing racial and economic inequality in surrounding communities in several key ways: It represents authentic partnership and mutuality between the University, residents, and community partners It constitutes concrete action towards education inequities in our community It leverages the resources of the University strategically to local youth. The Equity Center stands ready to provide its full support. Our staff consists of former educators of color who have local experience teaching and being administrators as well as terminal degrees in evidence-based practices in serving youth. As dictated by the community and CCG, we look forward to providing thought partnership and program design, robust program evaluation of the program in order to demonstrate success, and helping to coordinate mentors and tutors for students. We thank you for your consideration of this request. Sincerely, Ben Allen Executive Director, The Equity Center The Equity Center Old Albemarle Hotel | 617 West Main Street, Rm 400 | PO Box 400255 | Charlottesville, VA 22903 P 434.243.3636 | equitycenter@virginia.edu | virginiaequitycenter.org Page 139 of 141 Appendix, continued August 14, 2020 To whom it may concern, This letter is in support of the Conscious Capitalist Group and what the possibilities that can come from collaborating with Lugo-McGinness Academy. The mission of CCG uniquely aligns with the work we do at LMA, which is building connections and creating hope for what students can achieve post high school. Now more than ever, our young men need the support and knowledge they bring to enhance the work we do to build capacity in our young adults so they can thrive and give back to the Charlottesville community. This partnership is more than mentoring, although that is important. Beyond the mentorship is the depth of experience and knowledge the CCG brings regarding building authentic connections with our young men. While mentors are important for young adults, it is equally important to have individuals who bring knowledge and experience to the relationship. In collaboration with CCG, students gain access to additional support in the areas of college and career readiness for all students, financial literacy, entrepreneurships built on connections formed in the community, and opportunities for paid mentorships. One of the most important elements of the work the Conscious Capitalist Group has to offer the students of Lugo-McGinness Academy is continuity, because the members of the group are members of the Charlottesville community; allowing them to build connections over time. Page 140 of 141 Appendix, continued I hope you see the value of what CCG has to offer the Charlottesville community. Our students need connection and support to reach their fullest potential. I am excited at the opportunity to collaborate with the CCG so our students can see themselves having opport nities the might not ha e tho ght possible before bringing to life the real word applications of entrepreneurship. Sincerely, Jill Dahl Program Administrator Lugo-McGinness Academy Page 141 of 141