CITY COUNCIL AGENDA J. Lloyd Snook, III, Mayor June 21, 2022 Juandiego Wade, Vice Mayor Sena Magill, Councilor Michael K. Payne, Councilor Brian R. Pinkston, Councilor Kyna Thomas, Clerk 4:00 PM OPENING SESSION Register at www.charlottesville.gov/zoom. This portion of the meeting is held electronically in accordance with a local ordinance amended and re-enacted March 7, 2022, 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 (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/Roll Call Agenda Approval Reports 1. Presentation: City-owned properties 2. Presentation: Rivanna Water and Sewer Authority Central Water Line Project update 5:30 PM CLOSED SESSION pursuant to Sections 2.2-3711 and 2.2-3712 of the Virginia Code (Boards and Commissions; legal consultation) 6:30 PM BUSINESS SESSION This portion of the meeting will accommodate a limited number of in-person public participants in City Council Chamber at City Hall as we employ a hybrid approach to public meetings during the locally declared state of emergency. Registration is available for a lottery-based seating selection at www.charlottesville.gov/1543/Reserve-a-Seat-for-City- Council-Meeting. Reservation requests may also be made by contacting the Clerk of Council office at clerk@charlottesville.gov or 434-970-3113. Moment of Silence Announcements Recognitions/Proclamations • Proclamation: Osher Lifelong Learning Institute (OLLI) at UVA 20 year milestone • Proclamation: Pride Month Board/Commission Appointments Consent Agenda* 3. Minutes: April 4 Council meeting, April 7 budget work session, April 12 special meeting, corrected minutes from February 1, 2021 4. Resolution: Appropriating the amount of $15,000 to be expended for the Local Emergency Management Performance Grant (2nd reading) 5. 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 (2nd reading) 6. Resolution: Approving Community Development Block Grant 2020-2021 reprogramming of the Ridge Street Priority Neighborhood fund (1 reading) Page 1 of 160 7. Resolution: Approving Community Development Block Grant - HOME Program 2022- 2023 minor budget amendments a. Resolution: Amending HOME Investment Partnership accounts FY 2022-2023 (1 reading) b. Resolution: Amending Community Development Block Grant accounts FY 2022- 2023 (1 reading) 8. Ordinance: Authorizing encroachment of a building constructed on property at 1622 East Market Street (1 reading) 9. Ordinance: Authorizing encroachment of a building constructed on property identified on tax map 30 as parcel 24 at the corner of Delevan Street and an unnamed 12-foot alley, together referred to as 301 7th Street SW (1 reading) 10. Resolution: Reconstituting the Charlottesville Planning Commission and appointing or reappointing its members for staggered terms (1 reading) 11. Resolution: Establishing a pool of funds in the amount of $50,000, to be used for payment of refunds to licensed City businesses engaged in the same business activity as that considered by the Virginia Supreme Court on June 9, 2022 in Record Number 210414 (1 reading) City Manager Report • Report: Financial Report 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 12. Public Considering a request for vacation and purchase of the adjacent unaccepted Right- Hearing/Ord.: of-Way for Oak Street at 321 6th Street (1 reading) 13. Public Considering a request to purchase an adjacent City Right-of-Way at 819 Hearing/Ord.: East Jefferson Street (1 reading) 14. Public Considering a request for the City to quitclaim its interest in a property line Hearing/Ord.: "gap" area at 1110 Preston Avenue (1 reading) 15. Resolution*: Acquisition of property at 921 East Jefferson Street (1 reading) 16. Resolution*: Accepting a Donated Memorial to August 12 and establishing criteria governing the use of Downtown Mall trees (1 reading) General Business 17. Report: Thomas Jefferson Planning District Commission hazard mitigation presentation Other Business Community Matters (2) *Action Needed Page 2 of 160 Page 3 of 160 CITY OF CHARLOTTESVILLE PROCLAMATION Osher Lifelong Learning Institute (OLLI) at UVA Month WHEREAS, an active mind is as necessary to a full life as are social relationships and physical exercise; and WHEREAS, the Jefferson Institute for Lifelong Learning (JILL) began in 2001 to bring educational opportunities and intellectual enrichment to active adults in the Charlottesville- Albemarle community; and WHEREAS, in 2005 JILL became affiliated with the University of Virginia, and changed its name to the Osher Lifelong Learning Institute at the University of Virginia (OLLI at UVA); and WHEREAS, OLLI at UVA draws on the resources of its members, as well as other academic and community resources, to organize courses and other educational activities so that members can acquire new knowledge, explore ideas, exercise creativity, and share their interests and expertise with others; and WHEREAS, OLLI at UVA has offered and continues to offer courses and educational activities on a wide range of topics, from Jeffersonian Architecture to African-American Culture, from the History of the Hapsburg Dynasty to Pirates Through History, from Financial Planning to an Insider’s Look at Virginia Wines; and WHEREAS, OLLI started with 17 instructors and 98 student participants in 2001, and has grown so that in recent years OLLI has offered hundreds of courses with thousands of student participants; and WHEREAS, during the COVID pandemic, OLLI at UVA kept operating, moving its programming online, offering social opportunities to enrich community connectedness, and creating Special Presentations available to the public; and WHEREAS, our diversity of enrichment opportunities – of which OLLI is a prime example – is an important part of why Charlottesville and Albemarle are consistently named on lists of the best places for retirees; and WHEREAS, OLLI at UVA has for 20 years been a community benefit, offering robust course offerings, exciting trips, and a community of friendly faces; and NOW, THEREFORE BE IT RESOLVED that that the Charlottesville City Council encourages our residents to participate in OLLI at UVA’s offerings, and hereby proclaim July as OLLI at UVA Month, recognizing it as a valuable resource for our community as it celebrates its 20th Anniversary. Signed and sealed this 21st day of June 2022. _______________________ J. Lloyd Snook, III, Mayor Page 4 of 160 CITY OF CHARLOTTESVILLE PROCLAMATION LGBTQIA+ Pride Month June 2022 WHEREAS, all human beings are born free and equal in dignity and rights; and WHEREAS, Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual + (LGBTQIA+) individuals have had immeasurable impacts on the cultural, civic, and economic successes of our country, state, and city; and WHEREAS, the City of Charlottesville is committed to supporting visibility, dignity and equality for LGBTQIA+ people in our diverse community; and WHEREAS, the LGBTQIA+ community continues to be a target of violence, harassment, and discrimination and yet continues to thrive through the efforts of the community itself and through the support of LGBTQIA+ affirming agencies, and individual allies; and WHEREAS, support for LGBTQIA+ equality continues to grow, education and awareness remain vital to ending discrimination and prejudice against LGBTQIA+ people; and WHEREAS, because of the acts of courage of the millions of people who have come out and who have demanded justice, our Commonwealth and community have made great strides in recognizing that love is love and that no person should be judged by anything but the content of their character; and WHEREAS, celebrating Pride Month influences awareness and provides support and advocacy for Charlottesville’s LGBTQIA+ community, and is an opportunity to act and engage in dialogue to strengthen alliances, build acceptance, and advance equal rights; and WHEREAS, there remains much work to do to extend equality throughout the Commonwealth and the nation, NOW, THEREFORE BE IT RESOLVED that I, Lloyd Snook, Mayor of the City of Charlottesville, Virginia, on behalf of the City Council, hereby proclaim the month of June 2022 as Pride Month in support of the LGBTQIA+ community, and call upon all Charlottesville residents to embrace the principle of gender equality and to work to eliminate prejudice everywhere it exists. Signed and dated this 21st day of June 2022. _______________________ J. Lloyd Snook, III, Mayor Page 5 of 160 CHARLOTTESVILLE CITY COUNCIL MEETING April 4, 2022 at 4:00 PM Electronic/virtual meeting via Zoom The Charlottesville City Council met in an electronic meeting on Monday, April 4, 2022, in accordance with a local ordinance amended and re-enacted on March 7, 2022, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Lloyd Snook called the meeting to order a 4:01 p.m. and Clerk of Council Kyna Thomas called the roll, noting all members present: Mayor Lloyd Snook, Vice Mayor Juandiego Wade, and Councilors Sena Magill, Michael Payne and Brian Pinkston. On motion by Magill, seconded by Wade, Council voted 5-0 to ADOPT the meeting agenda (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). REPORTS 1. REPORT: Affordable Housing discussion Deputy City Manager Sam Sanders made a presentation, joined by Alex Ikefuna and Erin Atak from the Department of Community Solutions, who helped to answer Council questions. Mr. Sanders reviewed the HR&A Advisors report which was discussed at the March 21, 2022 City Council Meeting and discussed what was learned from the report, including opportunities for: • tracking the number of affordable units that still exist, or for how long • develop a good in-house compliance program internally • put in place better agreements • protect consistency in execution of agreements • develop a comprehensive housing policy • improve working relationships with funded partners • clearly define affordable housing. Regarding planning, Mr. Sanders advised that he regards the Affordable Housing Plan as a good document. He reviewed current, pending and future commitments of funding for City Council consideration. Regarding the Charlottesville Affordable Housing Fund (CAHF), he stated that the following action items will be needed: • Housing Advisory Committee (HAC) restructuring • CAHF Committee establishment • Align with the Vibrant Community Fund • Enhance staff capacity • Maintain data analysis • Impact investment recommendations • Relationship building and repair He presented a flowchart of how funds move through the system and shared areas of opportunity regarding proffers. Page 6 of 160 Mr. Sanders reviewed the structure of the Office of Community Solutions, stating that there are three full-time-equivalent positions: Housing Manager, Compliance Coordinator, and Redevelopment Manager. He then shared the Department of Housing and Urban Development definition of affordable housing, “80% of Area Median Income”, and data specific to Charlottesville, closing the presentation with affordable versus attainable decision points for the future. CLOSED SESSION On motion by Magill, seconded by Pinkston, Council voted 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; 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) and (A)(8), for consideration of future appointments by Council to the City’s planning commission, and legal consultation regarding compliance with requirements of Va. Code 15.2-2212. On motion by Magill, seconded by Pinkston, Council certified by the following vote: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; 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. BUSINESS SESSION Having established quorum with all councilors present, Council observed a moment of silence. ANNOUNCEMENTS (and Update from Blue Ridge Health Department) Councilor Magill announced Alex Zan’s "My Help List" writing contest; the upcoming Take Back the Night Vigil on April 8 and other events in April; and congratulated Clerk of Council Kyna Thomas for being recognized as a woman leader by the Chamber of Commerce for Women's History Month. Denise Bonds, Blue Ridge Health District Director, provided an update on Covid data, advising that much of Virginia, including Charlottesville is in the low level for community spread. She shared recommendations from the CDC (Centers for Disease Control) and advised on ways to stay safe: vaccine, upgrading mask to KN95, keeping distance (6 feet is best), and washing hands. RECOGNITIONS/PROCLAMATIONS • PROCLAMATION: Child Abuse Prevention Month Mayor Snook presented a proclamation for Child Abuse Prevention Month. Sue Moffett, Director of the Department of Human Services, accepted the proclamation with remarks. Page 7 of 160 CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 2. RESOLUTION: Approving appropriation of the Annie E. Casey Foundation Family Engagement Support Stipend Grant - $15,000 (2nd reading) RESOLUTION Appropriating Grant Funding in the Amount of $15,000, Received from the Annie E. Casey Foundation to the City’s Family Engagement Support Stipend Program WHEREAS, the City of Charlottesville has been awarded $15,000 from the Annie E. Casey Foundation; WHEREAS, the funds will be expended to provide stipends and material supports for community members involved in Probation Transformation projects undertaken by the Human Services Department in collaboration with other local organizations. The grant award covers the period from November 1, 2021 through November 30, 2022; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that upon receipt of the funding from the Annie E. Casey Foundation, the grant funding in the amount of $15,000 is hereby appropriated as follows: Revenues $15,000 Fund: 210 IO: 1900453 G/L: 451022 Expenditures $15,000 Fund: 210 IO: 1900453 G/L: 599999 3. RESOLUTION: Approving an appropriation for COVID Homelessness Emergency Response Program Funding (CHERP) - $200,000 (2nd reading) RESOLUTION Appropriating COVID Homelessness Emergency Response Program (C.H.E.R.P.) Community Development Block Grant Funding Received from the Commonwealth in the Amount of $200,000 WHEREAS, The City of Charlottesville’s Department of Human Services, has received C.H.E.R.P. Grant funding from the Virginia Department of Housing and Community Development, in the amount of $200,000. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that, upon receipt of the CHERP Grant funding, the sum of $200,000 is hereby appropriated for expenditure by the City’s Department of Human Services in accordance with grant requirements, in the following manner: Page 8 of 160 Revenues $200,000 Fund: 209 IO: 1900448 G/L: 430120 Federal Pass Thru Expenditures $200,000 Fund: 209 IO: 1900448 G/L: 530550 Contracted Services 4. RESOLUTION: Appropriating funds from the Charlottesville Albemarle Technical Education Center for CATEC kitchen floor repair - $75,000 (2nd reading) RESOLUTION Appropriating Funds in the amount of $75,000 to the CATEC Kitchen Floor Project WHEREAS, the Charlottesville Albemarle Technical Education Center (CATEC) has delivered a monetary contribution to the City, in the amount of $75,000, to be expended for the CATEC Kitchen Floor Project; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, THAT funding in the amount of $75,000 received by the City of Charlottesville from CATEC is to be appropriated in the following manner: Revenues - $75,000 Fund: 107 Funded Program: FR-001 (P-01059-08) G/L Account: 432030 Expenditures - $75,000 Fund: 107 Funded Program: FR-001 (P-01059-08) G/L Account: 599999 5. RESOLUTION: Appropriating grant funding of $94,276 from Virginia Department of Conservation and Recreation for development of a Flood Resilience Plan, and authorizing the City Manager to execute a Grant Agreement (2nd reading) RESOLUTION Appropriating grant funding in the amount of $94,276 received from the Virginia Department of Conservation and Recreation for development of a Flood Resilience Plan, and authorizing the City Manager to execute a Grant Agreement WHEREAS, the City of Charlottesville has been awarded $94,276 from the Virginia Department of Conservation and Recreation for the development of a flood resilience plan; and WHEREAS, the grant requires a local match in the amount of $31,425, which will be satisfied as follows: cash/contractual contribution in the amount of $18,855, to be contributed from funds previously appropriated for expenditure within the Public Works operational budget, and the value of in-kind staff hours ($12,640); Page 9 of 160 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that upon receipt of the awarded grant funding from the Virginia Department of Conservation and Recreation, the sum of $94,276 is hereby appropriated for expenditure within the Department of Public Works, for the development of a flood resilience plan, as follows: Revenues -$113,131 $94,276 Fund: 209 I/O: 1900454 G/L Account: 430110 $18,855 Fund: 209 I/O: 1900454 G/L Account: 498010 Expenditures - $113,131 $94,276 Fund: 209 I/O: 1900454 G/L Account: 599999 Transfers $18,855 Fund: 641 Fund Center: 64111001000 G/L Account: 530670 BE IT FURTHER RESOLVED that City Council hereby approves the terms of the grant agreement between the Virginia Resources Authority and the City of Charlottesville (CFPF-21-02-32) and authorizes the City Manager to execute the grant agreement and other related documents, requisitions or agreements, on behalf of the City; provided that the City Manager may delegate signature authority to a Deputy City Manager. City Council hereby further approves the in-kind staff contribution and cash local match described above. 6. RESOLUTION: Appropriating funding for American Rescue Plan eligible local activities - $536,553.97 (2nd reading) RESOLUTION APPROPRIATING FUNDING FOR American Rescue Plan for Eligible Local Activities - $536,553.97 BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $536,533.97 from American Rescue Plan funding is hereby designated to be available for expenditure for costs associated with following eligible purposes and amounts: Operational costs for portable air sanitizing units. $62,000. Department of Social Services Technology needs. $6,000. Fire Department communications equipment. $60,000. City Manager’s Office improvements. $92,000. City Council Chambers improvements. $20,000. Hotline coordinator. $138,000. City Hall Ambassadors. $51,053.97. City Hall Lobby/1st Floor improvements. $100,000. Additional cleaning supplies/equipment Fire Department. $7,500. TOTAL. $536,553.97. Page 10 of 160 Revenues - $536,553.97 Fund: 207 Cost Center: 9900000000 G/L Account: 430120 Expenditures - $536,553.97 Fund: 207 I/O:1900455 G/L Account: 599999 $62,000 Fund: 207 I/O:1900456 G/L Account: 599999 $6,000 Fund: 207 I/O:1900457 G/L Account: 599999 $60,000 Fund: 207 I/O:1900458 G/L Account: 599999 $92,000 Fund: 207 I/O:1900459 G/L Account: 599999 $20,000 Fund: 207 I/O:1900421 G/L Account: 599999 $138,000 Fund: 207 I/O:1900442 G/L Account: 599999 $51,053.97 Fund: 207 I/O:1900460 G/L Account: 599999 $100,000 Fund: 207 I/O:1900461 G/L Account: 599999 $7,500 7. RESOLUTION: Appropriating funding received from the Virginia Department of Social Services for Driving and Transportation Assistance for Foster Care Youth -$13,877 (carried) 8. RESOLUTION: Appropriating additional funding received from the Virginia Department of Social Services for the Promoting Safe and Stable Families Program - $16,435 (carried) 9. RESOLUTION: Appropriating Virginia Tourism Corporation American Rescue Plan Act supplemental funds for the Charlottesville Albemarle Convention and Visitors Bureau - $280,000 (carried) 10. RESOLUTION: Authorizing a refund of $12,866.44 to a taxpaying entity or business, for business license taxes paid in error for 2020 (carried) 11. RESOLUTION: Approving a minor amendment to the City’s FY2020-2021 CDBG Action Plan, to authorize the Charlottesville Redevelopment and Housing Authority to implement a contingency plan to expend its Community Development Block Grant funding on or before June 30, 2026 RESOLUTION Approving a minor amendment to the City’s FY2020-2021 CDBG Action Plan, to authorize the Charlottesville Redevelopment and Housing Authority to implement a contingency plan to expend its CDBG funding on or before June 30, 2026 WHEREAS on May 7, 2018 the Charlottesville City Council approved a Consolidated Plan for the City of Charlottesville and the Thomas Jefferson Planning District, covering the period from July 1, 2018 through June 30, 2023, which sets forth a plan to provide support for certain community development needs—including, but not limited to—housing needs, within those jurisdictions; and WHEREAS the Consolidated Plan includes a citizen participation plan, and Sec. 2- 419(10) specifies that, once City Council has approved and funded a program, any Page 11 of 160 reprogramming and budgetary changes will be done consistent with the approved citizen participation plan; WHEREAS the Consolidated Plan is implemented during the coverage period through certain “Action Plans”, the most recent of which is designated as the “FY 2020-2021 Action Plan” previously approved by resolution of City Council on May 3, 2021; and WHEREAS within the FY2020-2021 Action Plan the Charlottesville Redevelopment and Housing Authority was selected as a subrecipient of CDBG-CV3 funding from the City, in the amount of $91,485.94, to pay for up to six months’ worth of emergency covid related rental assistance, with a target of June 30, 2026, for expenditure of the funding in accordance with the approved project; and WHEREAS the Charlottesville Redevelopment and Housing Authority (CRHA) requests a modification of their approved project, to provide six month emergency rental assistance to 100 income qualified families to prevent, prepare for, and respond to the coronavirus, and CRHA represents that the modification is necessary to allow for the timely expenditure of all awarded funding by June 30, 2026 (“contingency plan”), and federal regulations specify that this type of modification must be approved by City Council as a minor amendment of the City’s FY2020-2021 Action Plan; and WHEREAS the requested Minor Amendment of the FY2020-2021 Action Plan does not change the amount of CDBG funding previously approved for CRHA; and WHEREAS this Council is satisfied on the basis of the information presented within the staff report, that the proposed Minor Amendment of the FY2020-2021 Action Plan has been brought forward in accordance with the approved citizen participation plan, as required by City Code §2-419(10); now, therefore BE IT RESOLVED that the Charlottesville City Council hereby approves a Minor Amendment of the City’s FY2020-2021 Action Plan, to authorize CRHA the Charlottesville Redevelopment and Housing Authority to expend their remaining balance ($60,938.28) of CDBG-CV3 funding on an expanded scope of work to assist 100 families that are at risk of being evicted with up to six months of covid rental emergency rental assistance. 12. REPORT: Land Use and Environmental Planning Committee (LUEPC) Semi-annual Report On motion by Wade, seconded by Magill, Council by the following vote ADOPTED the Consent Agenda: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). CITY MANAGER REPORT Interim City Manager Michael C. Rogers advised that future City Manager Report items will be in written format to include in the agenda packet. Deputy City Manager Ashley Marshall advised of key hiring processes: Director of Page 12 of 160 Communications and Public Engagement, Director of Human Resources, Director of Social Services, Director of Information Technology, internship program, and the ICMA Fellow. She shared specific activities in a variety of city departments under her purview. Deputy City Manager Sam Sanders shared an update on a number of department initiatives under his purview, including that the Neighborhood Leaders group will resume a quarterly meeting schedule beginning April 28. He advised that Greenhouse gas emissions data has been updated on the city website. COMMUNITY MATTERS Mayor Snook opened the floor for public comment. There were no speakers. ACTION ITEMS 13. PUBLIC HEARING: Amending and re-ordaining Chapter 9 (Elections), Section 9-31 (Central Absentee Voter District) to change the location of the Central Absentee Voter Precinct from City Hall to CitySpace (carried to 2nd reading in May 2022) Taylor Yowell, Voter Registrar, provided a summary of the request and requirements. She advised that on election day this would be the place where absentee votes are counted only - not where citizens vote. The request is for a permanent change because of an increase in early voting and election officials. Mayor Snook opened the public hearing. With no speakers coming forward, Mayor Snook closed the public hearing and noted that the item will come back before Council for a vote on May 2 or thereafter. 14. PUBLIC HEARING/ORDINANCE: Consideration of an amendment to City Code Section 30-283 to increase the local excise tax imposed upon the sale of meals from 6% to 6.5% (carried) Mayor Snook provided a summary of the ordinance. He then opened the public hearing. With no speakers coming forward, Mayor Snook closed the public hearing. The item carried to the April 12 special meeting. 15. PUBLIC HEARING/ORDINANCE: FY2023 City Budget and annual appropriation (carried) Mr. Rogers summarized the budget items that have been discussed by Council to date. Krisy Hammill, Senior Budget and Management Analyst gave a brief presentation showing revised revenue projections, the FY23-27 Proposed Capital Improvements Plan, potential Capital Improvement Plan amendments. She announced the April 7 Budget Work Session. Mayor Snook opened the public hearing. 1. Alexander Bruner, city resident, spoke in support of increasing police funding and provided data for consideration. Page 13 of 160 2. Sarah Hart, city resident, spoke in support of full funding for the Buford Middle School reconfiguration. She spoke in support of an increase in real estate and meals taxes to accomplish this goal. 3. Brad Slocum, non-city resident working in Charlottesville, spoke in support of funding for improving transit, and funding the transit study. He proposed that "overbudgeting of police operations" be shifted to procure electronic buses for CAT fleet. Mayor Snook closed the public hearing. The item carried to the April 12 special meeting. 16. ORDINANCE: Appropriating state funds for the State of Good Repair Program project account for Dairy Road Bridge Replacement - $7,210,664.00 (carried) Tony Edwards made the presentation. In response to a question from Councilor Pinkston, Mr. Edwards and Ms. Hammill advised that the funding is completely from the State and will be added to the Capital Improvement Plan. The item carried to the April 18 consent agenda. 17. RESOLUTION: Charlottesville Affordable Housing Fund (CAHF) and Housing Advisory Committee (HAC) structure clarification Councilor Pinkston made a disclosure statement regarding a family member’s employment with LEAP (Local Energy Alliance Program), advising that he has no partiality on this item and will participate in the discussion. Alex Ikefuna presented the requests. a. Resolution*: Amending and re-enacting the City-Council advisory body known as the Housing Advisory Committee Council discussed the Charlottesville Redevelopment and Housing Authority having a seat on the HAC and City Attorney Robertson added that CRHA is more of a governmental authority rather than a non-profit entity. Council amended resolution to designate a seat for CRHA On motion by Magill, seconded by Wade, Council by the following vote Approved the resolution: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). RESOLUTION Amending and re-enacting the City-Council advisory body known as the Housing Advisory Committee WHEREAS the City Council first established an advisory body known as the Housing Advisory Committee (HAC) in 1978, and the composition of the HAC and the matters upon which City Council desires to receive input and recommendations from the HAC have from time to time been modified between 1978 and the present; and WHEREAS on March 1, 2021, this Council approved an Affordable Housing Plan for Page 14 of 160 the City, the recommendations of the AHP were incorporated into the Comprehensive Plan adopted by the City Council on November 15, 2021, and the recommendations included restructuring the Housing Advisory Committee (HAC); now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that there is hereby re-established an advisory body to the Charlottesville City Council, known as the Housing Advisory Committee (HAC), and the HAC shall have the following purposes and membership: 1. Purposes: the purposes of the HAC shall be: a. to advise the City Council as to affordable housing needs that are not being served within the City of Charlottesville, b. recommend ways to encourage the for-profit housing sector to provide a variety of affordable housing opportunities, c. advise City Council as to the need to improve or delete existing programs, support, or assistance, d. advise City Council on the potential for regional, interjurisdictional cooperation in affordable housing programs. 2. Membership: membership of the HAC shall be appointed by City Council for 2-year terms, subject to the term limits set forth within City Code 2-8. Membership within Category 1 shall be limited to nonprofit entities, who may designate the individual who will represent their entity on the membership of the HAC. If there exist no more than three (3) active nonprofit housing providers within the City when a vacancy exists, then City Council will not be bound by the term limits within City Code §2-8 in filling the vacancy. Within each category of membership, the terms shall be staggered so that not more than one of the terms will expire in any 12-month period. Membership Group/Background Number Category 1: Charlottesville Redevelopment and 3 Housing Authority and two non-profit entities who are actively engaged in the construction or renting of affordable housing units within the City Category 2: Read Estate professionals (may include 3 brokers, lenders, for-profit developers, architects, etc.) Category 3: At-Large community members 2 Category 4: Affordable Housing beneficiaries 3 Total 11 City Council Member Non-Voting Member Page 15 of 160 b. Resolution*: Establishing a City Council Advisory body to be known as The Charlottesville Affordable Housing Fund Committee On motion by Magill, seconded by Wade, Council by the following vote Approved the resolution: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). RESOLUTION Establishing a City Council Advisory Body to be known as The Charlottesville Affordable Housing Fund Committee WHEREAS on March 1, 2021, this Council approved an Affordable Housing Plan for the City, the recommendations of the AHP were incorporated into the Comprehensive Plan adopted by the City Council on November 15, 2021, and the recommendations included establishing a committee responsible for advising City Council on matters pertaining to the use and expenditure of funding within the Charlottesville Affordable Housing Fund (CAHF); now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that there is hereby established an advisory body to the Charlottesville City Council, to be known as the Charlottesville Affordable Housing Fund Committee (“CAHF Committee”), and the CAHF Committee shall have the following purposes and membership: 1. Purposes: the purposes of the CAHF Committee shall be: a. to recommend to the City Council/ City administration suggested priorities for the use of CAHF funding, b. to review the City administration’s recommendations for award(s) of CAHF funding, c. to provide general input and oversight of the administration and effectiveness of the CAHF funding mechanism, including, without limitation, input as to the best ratio of grants to loans to be disbursed from CAHF, and d. to recommend ways in which the City Council may ensure the sustainability and proper use of the CAHF over time, 2. Restrictions: No grants or loans from the CAHF shall be awarded to persons serving on the CAHF Committee, or to other legal entities of which any such person is a member, or in which such a person has a personal interest as the Virginia State and Local Government Conflict of Interests Act defines that term. 3. Membership: membership of the HAC shall be appointed by City Council for 2-year terms, subject to the term limits set forth within City Code 2-8. Membership Group/Background Number At-Large community members 3 Affordable Housing beneficiaries 3 City staff 3 Total 9 Page 16 of 160 18. RESOLUTION: Charlottesville Affordable Housing Fund (CAHF) Award Recommendations Alex Ikefuna provided a summary of the process for award of Charlottesville Affordable Housing Funds (CAHF), a 2021-2022 budget item of $750,000. Council agreed to move resolutions to the April 18 consent agenda for 2nd reading. a. Resolution: Allocating CAHF funds for Charlottesville Redevelopment and Housing Authority (CRHA) South First Phase Two - $425,000 (carried) b. Resolution: Allocating CAHF funds for Habitat for Humanity of Greater Charlottesville Equity Homeownership Initiative 2022 Down Payment Assistance - $75,000 (carried) c. Resolution: Allocating CAHF funds for Albemarle Housing Improvement Program (AHIP) Charlottesville Critical Repair Program - $100,000 (carried) d. Resolution: Allocating funds from the Charlottesville Affordable Housing Fund for Local Energy Alliance Program (LEAP) Assisted Home Performance and Electrification Ready – Owner Occupied - $50,000 (carried) e. Resolution: Allocating funds from the Charlottesville Affordable Housing Fund for Local Energy Alliance Program (LEAP) Assisted Home Performance and Electrification Ready – Renter Occupied - $100,000 (carried) 19. ORDINANCE/RESOLUTION: 1613 Grove Street Extended – Consideration of requests from Landowner Lorven Investments, LLC, regarding approximately 0.652 acres of land, including multiple lots identified within 2021 City real estate records by Real Estate Parcel Identification Numbers 230133000, 230134000, and 230135000 Matt Alfele, City Planner, provided a summary of the request, advising that this is follow-up to discussion from the March 21 City Council meeting. Councilor Payne stated that the depth and length of affordability were not enough for him to support. a. Ordinance*: 1613 Grove Street Extended rezoning request (2nd reading) On motion by Pinkston, seconded by Wade, Council by the following vote Adopted the ordinance: 4-1 (Ayes: Magill, Pinkston, Snook, Wade; Noes: Payne). AN ORDINANCE APPROVING A REQUEST TO REZONE THE PARCEL OF LAND LOCATED AT 1613, 1611, AND 0 GROVE STREET, FROM R-2 (TWO FAMILY RESIDENTIAL) TO R-3 (MULTIFAMILY RESIDENTIAL) b. Resolution*: 1613 Grove Street Extended Special Use Permit (2nd reading) On motion by Pinkston, seconded by Wade, Council by the following vote Approved the resolution: 4-1 (Ayes: Magill, Pinkston, Snook, Wade; Noes: Payne). Page 17 of 160 RESOLUTION GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 1613 GROVE STREET (TAX MAP 23, PARCELS 133; 134; AND 135) WHEREAS Lorven Investments, LLC (“Landowner”) is the record owner of certain land identified on Tax Map 23 as Parcels 133, 134, and 135, collectively currently addressed as “1613, 1611, and 0 Grove Street Extended” (the “Property”), and, the Landowner, represented by Shimp Engineering, P.C., is requesting a Re-Zoning of the property, a Special Use Permit, and a Waiver of the Critical Slopes requirements of City Code Sec. 34-1120(b)(6)(b) in connection with Landowner’s plan to construct four low-rise apartment buildings on the Property; and WHEREAS; The Landowner seeks a Special Use Permit under City Code Sec. 34-420 to allow for residential density of up to forty-three (43) dwelling units per acre (“DUA”) and an amendment to the yard requirements of City Code Secs. 34-353(a) and 34-353(b)(4); and WHEREAS the Planning Commission considered and recommended approval of this application at their March 8, 2022 meeting, subject to conditions set forth within the staff report prepared for that meeting; BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, hereby approves a Special Use Permit for the Property, to allow construction of four low-rise apartment buildings by the Landowner, subject to the following conditions: (1) Up to 43 dwelling units per acre (DUA) are permitted on the Subject Properties with a maximum of two bedrooms per unit. (2) The restoration of Rock Creek as presented in the applicant’s narrative dated July 14, 2020 and revised September 29, 2021. (3) Modifications of yard requirements to: Front yard: Twenty-five (25) feet. North Side yard: Five (5) feet. South Side yard: Fourteen (14) feet. Rear yard: Twenty-five (25) feet. c. Resolution*: 1613 Grove Street Extended Critical Slope Waiver (2nd reading) On motion by Pinkston, seconded by Wade, Council by the following vote Approved the resolution: 4-1 (Ayes: Magill, Pinkston, Snook, Wade; Noes: Payne). RESOLUTION GRANTING A CRITICAL SLOPE WAIVER FOR THE PROPERTY LOCATED AT 1613, 1611, AND 0 GROVE STREET (TAX MAP 23, PARCELS 133; 134; AND 135) WHEREAS Lorven Investments, LLC (“Landowner”) is the record owner of certain land identified on Tax Map 23 as Parcels 133, 134, and 135, collectively currently addressed as Page 18 of 160 “1613, 1611, and 0 Grove Street Extended” (the “Property”), and, the Landowner, represented by Shimp Engineering, P.C. , is requesting a Re-Zoning of the property, a Special Use Permit, and a Waiver of the Critical Slopes requirements of City Code Sec. 34-1120(b)(6)(b) in connection with Landowner’s plan to construct four low-rise apartment buildings on the Property; and WHEREAS existing Critical Slopes located on the Property constitute 0.06 acres, or approximately 9 percent of the area of the parcels; and WHEREAS the Planning Commission considered and recommended approval of this application at their March 8, 2022 meeting, subject to conditions set forth within the staff report prepared for that meeting; BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, hereby approves a Waiver of the Critical Slopes requirements for the Property, to allow construction of four low-rise apartment buildings by the Landowner, subject to the following conditions: (1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of Erosion and Sediment (“E&S”) controls. The first phase shall include “Initial/Preliminary Controls” and also include special consideration and provisions for how the ‘creek’/’channel’ will be crossed throughout the project and how concentrated flows will outfall to the channel/culvert. Ideally outfall and site access (culvert work/tie in) would be established with rigorous independent E&S controls prior to the establishment of a sediment trap and associated conveyances. Any channels/diversions that convey ‘clear’ water to the channel shall be stabilized with sod on the ‘clear water’ side immediately after installation. The sequence shall dictate that no ‘benching’, or any disturbance of the slopes can occur until after the establishment of the trap and conveyances (Stage/Phase III). (2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. (3) Any disturbance occurring outside of conveyances to the trap, in either sequence or space, planned or unforeseen, shall be immediately stabilized with sod (for pervious areas, utilities should have other “same day stabilization”). Community Matters (2) Mayor Snook opened the floor for public comment and the following members of the public spoke: - Shelby Edwards, city resident, spoke about the Housing Advisory Committee and goals set in 2010 for affordable housing. She requested that PHAR retain its seat on the HAC. - Brian Campbell, city resident, spoke about the police budget in comparison with Lynchburg, Virginia. He requested a deeper dive into police spending. - Brad Slocum, Staunton resident commuting to Charlottesville, provided clarifying police budget data regarding his previous comments in the meeting. - Don Gathers, city resident, spoke in support of in-person meetings. He asked for stipends for Page 19 of 160 Council-appointed board and committee members. He spoke about the police budget. - David Treccariche, city resident & business owner, spoke in support of competitively sourcing applicants for the police department. The meeting adjourned at 8:31 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 20 of 160 CHARLOTTESVILLE CITY COUNCIL BUDGET WORK SESSION April 7, 2022 at 6:00 PM Virtual/electronic meeting via Zoom The Charlottesville City Council met in an electronic meeting on Thursday, April 7, 2022, in accordance with a local ordinance amended and re-enacted on March 7, 2022, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Lloyd Snook called the meeting to order, noting all councilors present: Mayor Lloyd Snook, Vice Mayor Juandiego Wade, and Councilors Sena Magill, Michael Payne and Brian Pinkston. WORK SESSION Mayor Snook provided a summary of decision points for Council and the process that councilors used to provide budget feedback to the City Manager. Interim City Manager Michael Rogers summarized the City Manager Proposed FY2023 Budget and subsequent adjustments throughout the budget development process. Krisy Hammill, Senior Budget and Management Analyst, reviewed potential Capital Improvement Plan amendments and funding scenarios including: • School reconfiguration project • Stribling Avenue sidewalk • Meadowcreek trail - Section 3 • Piedmont Housing Alliance – Monticello Area Community Action Agency (MACAA) apartments • Piedmont Housing Alliance – Park Street apartments Several of these projects would not have an impact on the FY2023 budget but have been discussed by Council. Ms. Hammill answered questions for Council and walked them through a spreadsheet for decision points, and Council went line by line to achieve consensus. Commissioner of the Revenue Todd Divers and Deputy City Managers Sam Sanders and Ashley Marshall answered questions for Council. Mr. Sanders discussed additional capacity needs to address areas that Council identified as priorities such as climate action, housing, and project management in Public Works - Engineering. Following up on a budget request Mr. Rogers provided an update on the Jefferson School African American Heritage Center (JSAAHC) lease with the Jefferson School Foundation. He stated that the JSAAHC lease renewal is scheduled for November and that it was set up as a five-year lease with a five-year renewal option with the Foundation. In addition to the 2023 allocation, a decision would need to be made on whether to commit to support for a five-year lease or allow for the option. He recommended funding in FY 2023 and allowing time to work through the mechanics of future support. Page 21 of 160 Councilors individually voiced their postures on tax rates for real estate, personal property, lodging and meals. PUBLIC COMMENT Mayor Snook opened the floor for comments from the public. 1. Bill Emory, city resident, spoke in support of increased funding for tree planting. He questioned where to locate a map for affordable housing units from consultants HR&A. As part of the FY2023 Capital Improvement Plan, he stated that Small Area Plans are not receiving enough funding. 2. Maddy Green, city resident, spoke in support of reimbursing the Charlottesville Redevelopment and Housing Authority (CRHA) for the Payment in Lieu of Taxes program. She spoke in support of CRHA housing services and recommended a line item for redevelopment of public housing as well as funding the Affordable Housing Plan and increasing the Charlottesville Supplemental Rental Assistance Program payment standard. She supported increasing the real estate tax. 3. Vikki Bravo, city resident representing IMPACT (Interfaith Movement Promoting Action by Congregations Together), spoke in support of additional funding for the Charlottesville Affordable Housing Fund. 4. Brad Slocum, commuter to Charlottesville, suggested removing funds from the police budget to fund other areas of the city budget. He spoke in support of tax increases to fund tree planting and other items related to climate change. 5. Louis Mitler, city resident, spoke about the increasing unaffordability of his residence, and requested that the City relax the asset requirement for seniors to receive real estate tax relief. He requested that $3 Million be placed in the Charlottesville Affordable Housing Fund for new development of affordable housing so that seniors will have affordable options in the city. 6. Greg Weaver, city resident, spoke in support of the funds going towards Transit. He shared support for comments made by Mr. Slocum during public comment and Mr. Payne earlier in the meeting. 7. Benjamin Heller spoke about the cost of school construction and asked Council to drill down to evaluate estimated costs. Mr. Rogers summarized next steps and the meeting adjourned at 9:35 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 22 of 160 CHARLOTTESVILLE CITY COUNCIL SPECIAL MEETING April 12, 2022 at 5:30 PM Virtual/electronic meeting via Zoom The Charlottesville City Council met in an electronic meeting on Tuesday, April 12, 2022, in accordance with a local ordinance amended and re-enacted on March 7, 2022, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Lloyd Snook called the meeting to order at 5:32 p.m. and Clerk of Council Kyna Thomas called the roll, noting all councilors present: Mayor Lloyd Snook, Vice Mayor Juandiego Wade, and Councilors Sena Magill, Michael Payne and Brian Pinkston. On motion by Pinkston, seconded by Magill, Council voted unanimously to amend the agenda to include a first reading of the proposed meals tax levy. On motion by Magill, seconded by Pinkston, Council voted unanimously to adopt the meeting agenda as amended. ACTION ITEMS 1. ORDINANCE: Enacting a Budget and Tax Levy for Fiscal Year 2023 Mayor Snook made a disclosure statement regarding his wife's retiree status with the City of Charlottesville and advised that per advice from the City Attorney the increase in pension would not disqualify him from voting. Interim City Manager Michael Rogers and City Attorney Lisa Robertson gave a brief summary of the budget. a. ORDINANCE*: Approving a budget and annual appropriation of funding for the City of Charlottesville for the Fiscal Year ending June 30, 2023 On motion by Pinkston, seconded by Wade, Council by the following vote ADOPTED the Ordinance: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). ORDINANCE APPROVING A BUDGET AND ANNUAL APPROPRIATION OF FUNDING FOR THE CITY OF CHARLOTTESVILLE FOR THE FISCAL YEAR ENDING JUNE 30, 2023 b. ORDINANCE*: Establishing the Annual Tax Levy for the City of Charlottesville for Tax Year 2022 Page 23 of 160 On motion by Pinkston, seconded by Payne, Council by the following vote ADOPTED the Ordinance: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). Mayor Snook noted for the record that he disagreed with the one cent real estate tax increase; however, since the budget would need to be funded, he would vote in favor. ORDINANCE TO ESTABLISH THE ANNUAL TAX LEVY FOR TAX YEAR 2022 2. RESOLUTION*: Establishing 2022 Tax Year Tax Relief Percentage Commissioner of the Revenue Todd Divers provided a brief explanation. On motion by Pinkston, seconded by Wade, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). RESOLUTION Establishing the Personal Property Tax Relief Percentage for Tax Year 2022 BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, THAT pursuant to the requirements of Virginia Code §58.1-3524, that personal property tax relief at the rate of thirty-two percent (32%) shall be applied to the first $20,000 of value of each qualifying vehicle having a value of more than $1,000 and BE IT FURTHER RESOLVED THAT personal property tax relief at the rate of one hundred percent (100%) shall be applied to each qualifying vehicle having a value of $1,000 or less. 3. ORDINANCE (Added): Amending, reenacting and reordaining Chapter 30 of the City Code, Section 30-283, to increase the meals tax (carried) Mayor Snook summarized the proposed ordinance to increase the meals tax from six percent to six-and-a-half percent. By unanimous consent the item moved to the April 18 City Council meeting for second reading and vote. The meeting adjourned at 5:43 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 24 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. CITY COUNCIL MEETING February 1, 2021 Virtual/electronic meeting via Zoom 5:30 PM CLOSED MEETING The Charlottesville City Council met in an electronic meeting on Monday, February 1, 2021, in accordance with local ordinance #O-20-154a, adopted December 10, 2020, 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 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 or consideration of one or more prospective candidates for appointment to City boards or commissions. 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 6:33 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council 6:30 PM REGULAR MEETING The Charlottesville City Council met in an electronic meeting on Monday, February 1, 2021, in accordance with local ordinance #O-20-154a, adopted December 10, 2020, to ensure continuity of government and prevent the spread of disease during the coronavirus pandemic. Mayor Nikuyah Walker called the meeting to order at 6:34 PM with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook. City Council observed a moment of silence. On motion by Councilor Snook, seconded by Vice Mayor Magill, Council unanimously approved the meeting agenda. ANNOUNCEMENTS Vice Mayor Magill shared information about the Thomas Jefferson Planning District Page 25 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. Commission emergency rental and mortgage relief program funding distribution and stated that the program is now administered by the Department of Housing and Community Development through its contracted agencies. She also shared contact information for the home repair program administered through the Community Development Block Grant for the Ridge Street Priority Area. Ryan McKay, Director of Policy and Planning for the Blue Ridge Health District shared an update on COVID-19. BOARD/COMMISSION APPOINTMENTS On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPOINTED John Delehanty and Ella Jordan to the Personnel Appeals Board: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 1. MINUTES: December 21, 2020 closed and regular meetings, January 14, 2021 special/emergency meeting 2. ORDINANCE: Human Rights Commission Ordinance Recommended Amendments (2nd reading) This item was pulled and moved to Item 12 on the meeting agenda. 3. APPROPRIATION: Substantial Action Plan CDBG-CV3 Budget (2nd reading) APPROPRIATION OF FUNDS FOR THE CITY OF CHARLOTTESVILLE’S 2020-2021 COMMIUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS 3: $335,024 WHEREAS, the City of Charlottesville has been advised of the approval by the U.S. Department of Housing and Urban Development of a Community Development Block Grant Coronavirus (CDBG-CV3) authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to respond to the growing effects of the historic public health crisis for the fiscal year in the total amount of $335,024; WHEREAS, City Council has received recommendations for the expenditure of funds from the CDBG/HOME Task Force, the Strategic Action Team (SAT), and the Planning Commission; and has conducted a public hearing thereon as provided by law; now, therefore; BE IT RESOLVED, by the City Council of Charlottesville, Virginia, that the sums hereinafter set forth are hereby appropriated from funds received from the aforesaid grant to the following individual expenditure accounts in the Community Development Block Grant Coronavirus Fund for the respective purposes set forth; provided, however, that the City Manager is hereby authorized to transfer funds between and among such individual accounts as Page 26 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. circumstances may require, to the extent permitted by applicable federal grant regulations. ECONOMIC DEVELOPMENT Community Investment Collaborative: COVID Response $130,970.00 Microenterprise Assistance PUBLIC SERVICE PROGRAMS CRHA Eviction Diversion Program $91,485.94 Habitat for Humanity COVID Response Program $45,563.26 ADMINISTRATION AND PLANNING Admin and Planning $67,004.80 TOTAL $335,024 BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $335,024 from the Department of Housing and Urban Development authorized by the CARES Act. Funds authorized will be used to prevent, prepare for, and respond to the coronavirus (COVID-19). The amounts so appropriated as grants to other public agencies and private non-profit, charitable organizations (sub-recipients) are for the sole purpose stated. The City Manager is authorized to enter into agreements with those agencies and organizations as he may deem advisable to ensure that the grants are expended for the intended purposes, and in accordance with applicable federal and state laws and regulations; and The City Manager, the Directors of Finance or Neighborhood Development Services, and staff are authorized to establish administrative procedures and provide for mutual assistance in the execution of the programs. Expenditures Program Amount Fund Internal G/L Account Order/Cost Center Community Investment Collaborative: $130,970.00 218 1900395 530670 Covid Response Microenterprise Assistance CRHA Eviction Diversion Program $91,485.94 218 1900396 530670 Habitat for Humanity COVID Response $45,563.26 218 1900397 530670 Program Admin and Planning $67,004.80 218 3914004000 530670 Page 27 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. Revenue Program Amount Fund WBS Element G/L Account Community Investment Collaborative: $130,970.00 218 P-001 HUD 431110 Covid Response Microenterprise IDIS Assistance Drawdown CRHA Eviction Diversion Program $91,485.94 218 P-001 HUD 431110 IDIS Drawdown Habitat for Humanity COVID $45,563.26 218 P-001 HUD 431110 Response Program IDIS Drawdown Admin and Planning $67,004.80 218 P-001 HUD 431110 IDIS Drawdown 4. APPROPRIATION: Approval and Appropriation of CDBG and HOME Budget Allocations for FY2021-2022 a. APPROPRIATION: CDBG 2021-2022 budget allocations (2nd reading) APPROPRIATION OF FUNDS FOR THE CITY OF CHARLOTTESVILLE'S 2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT - $419,367 WHEREAS, the City of Charlottesville has been advised of the approval by the U.S. Department of Housing and Urban Development of a Community Development Block Grant (CDBG) for the 2021-2022 fiscal year in the total amount of $419,367 from HUD. WHEREAS, City Council has received recommendations for the expenditure of funds from the CDBG/HOME Task Force, the SAT, and the Planning Commission; and has conducted a public hearing thereon as provided by law; now, therefore; BE IT RESOLVED by the City Council of Charlottesville, Virginia, that the sums hereinafter set forth are hereby appropriated from funds received from the aforesaid grant to the following individual expenditure accounts in the Community Development Block Grant Fund for the respective purposes set forth; provided, however, that the City Manager is hereby authorized to transfer funds between and among such individual accounts as circumstances may require, to the extent permitted by applicable federal grant regulations. PRIORITY NEIGHBORHOOD Ridge Street Priority Neighborhood $150,000.00 Page 28 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. ECONOMIC DEVELOPMENT Community Investment Collaborative Scholarships $32,056.28 Local Energy Alliance Program Workforce Development $29,238.00 PUBLIC SERVICE PROGRAMS PHAR – Resident Involved Redevelopment $34,000.00 LVCA – Workforce Development Tutoring $25,000.00 HOUSING PROJECTS LEAP – Assisted Home Performance $65,199.32 ADMINISTRATION AND PLANNING: Admin and Planning $83,873.40 TOTAL $419,367 BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $419,367 from the Department of Housing and Urban Development. Should the total actual amount of entitlement received differ from the appropriated amount, all appropriated amounts may be administratively increased/reduced at the same pro-rated percentage of change between the estimated entitlement and the actual entitlement. The total appropriated amount will not to exceed 2.5% total change, nor will any agency or program increase more than their initial funding request, without further action from City Council. The amounts so appropriated as grants to other public agencies and private non-profit, charitable organizations (sub-recipients) are for the sole purpose stated. The City Manager is authorized to enter into agreements with those agencies and organizations as he may deem advisable to ensure that the grants are expended for the intended purposes, and in accordance with applicable federal and state laws and regulations; and The City Manager, the Directors of Finance or Neighborhood Development Services, and staff are authorized to establish administrative procedures and provide for mutual assistance in the execution of the programs. b. APPROPRIATION: HOME 2021-2022 budget allocations (2nd reading) APPROPRIATION OF FUNDS FOR THE CITY OF CHARLOTTESVILLE’S 2021-2022 HOME FUNDS $127,210.56 WHEREAS, the City of Charlottesville has been advised of the approval by the U.S. Department of Housing and Urban Development of HOME Investment Partnerships (HOME) funding for the 2021-2022 fiscal year; Page 29 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. WHEREAS, the region is receiving an award for HOME funds for fiscal year 21-22 of which the City will receive $80,594 to be expended on affordable housing initiatives such as homeowner rehab, energy efficiency improvements, and downpayment assistance. WHEREAS, it is a requirement of this grant that projects funded with HOME initiatives money be matched with local funding in varying degrees; BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the local match for the above listed programs will be covered by the a surplus of match from previous appropriations from the Charlottesville Housing Fund (account CP-0084 in SAP system) in the amount of $20,148.50. The total of the HUD money, program income, and the local match, equals $100,722.48 and will be distributed as shown below. PROJECTS HOME EN MATCH TOTAL AHIP-Homeowner Rehab $37,352.00 $6,716.16 $44,048.16 Habitat for Humanity-DPA FY21-22 $24,000.00 $6,716.16 $30,716.16 LEAP- Assisted Home Performance $19,242.00 $6,716.16 $25,958.16 Total $80,594 $20,148.50 $100,722.48 *includes Program Income which does not require local match. BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $80,594 from the Department of Housing and Urban Development. Should the total actual amount of entitlement received differ from the appropriated amount, all appropriated amounts may be administratively increased/reduced at the same pro-rated percentage of change between the estimated entitlement and the actual entitlement. The total appropriated amount will not to exceed 2.5% total change, nor will any agency or program increase more than their initial funding request, without further action from City Council. The amounts so appropriated as grants to other public agencies and private non-profit, charitable organizations (subrecipients) are for the sole purpose stated. The City Manager is authorized to enter into agreements with those agencies and organizations as he may deem advisable to ensure that the grants are expended for the intended purposes, and in accordance with applicable federal and state laws and regulations; and The City Manager, the Directors of Finance or Neighborhood Development Services, and staff are authorized to establish administrative procedures and provide for mutual assistance in the execution of the programs. 5. APPROPRIATION: Housing Opportunities for People with AIDS/H.I.V. (H.O.P.W.A.) Grant Award - $20,000 (carried) 6. APPROPRIATION: 2020 Local Emergency Management Performance Grant – Supplemental (EMPG-S) - $99,608 (carried) 7. RESOLUTION: Financial Resolution Supporting Friendship Court Phase 2 Page 30 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. RESOLUTION Financial Resolution Supporting Friendship Court Phase 2 Parcel Number: 280112000 NOW, THEREFORE BE IT RESOLVED that the Council of the City of Charlottesville, Virginia hereby commits up to $3,250,000 in the form of loans for the redevelopment of Friendship Court Phase 2. The commitment of up to $3,250,000 will help to subsidize Phase 2 which in turn will create approximately 106 newly constructed affordable housing units and some commercial space in the City of Charlottesville. This commitment will be made to Piedmont Housing Alliance and NHT Communities. 8. RESOLUTION: Reallocation of State of Good Repair Bridge Funds to the Melbourne Road Bridge over the Norfolk Southern Railway - $220,930 RESOLUTION Reallocation of State of Good Repair Bridge Funds - $220,930.00 WHEREAS, a total of $220,930.00 in state funds for the State of Good Repair Bridge Program requires transfer; and NOW, THEREFORE BE IT FURTHER RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby transferred in the following manner: Transfer From Revenue $ 165,768.00 Fund: 426 WBS: P-000953 G/L Account: 430110 $ 21,407.00 Fund: 426 WBS: P-000954 G/L Account: 430110 $ 33,755.00 Fund: 426 WBS: P-000955 G/L Account: 430110 Expenditures $ 165,768.00 Fund: 426 WBS: P-000953 G/L Account: 599999 $ 21,407.00 Fund: 426 WBS: P-000954 G/L Account: 599999 $ 33,755.00 Fund: 426 WBS: P-000955 G/L Account: 599999 Transfer To Revenue $ 220,930.00 Fund: 426 WBS: P-00956 G/L Account: 430110 Expenditures $ 220,930.00 Fund: 426 WBS: P-00956 G/L Account: 599999 At the request of Vice Mayor Magill, Item 2 was pulled from the Consent Agenda for Page 31 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. discussion at the end of the meeting as Item 12. Mayor Walker opened the floor for speakers on the Consent Agenda: o Speakers Walt Heinecke and Tanesha Hudson agreed that Item 2 regarding the Human Rights Commission ordinance should be moved from the Consent Agenda. At the request of Mayor Walker, the minutes from December 21, 2020 were pulled for a separate vote. At the request of Mayor Walker, Item 4b was pulled for a separate vote. On motion by Councilor Hill, seconded by Vice Mayor Magill, Council by the following vote APPROVED the Consent Agenda without Item 2, without December 21, 2020 minutes, and without Item 4b: 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 the December 21, 2020 meeting minutes: 4-0-1 (Ayes: Hill, Magill, Payne, Snook; Noes: none; Abstention: Walker). On motion by Councilor Hill, seconded by Vice Mayor Magill, Council by the following vote APPROVED Item 4b: 4-1 (Ayes: Hill, Magill, Payne, Snook; Noes: Walker). On motion by Vice Mayor Magill, seconded by Councilor Hill, Council by the following vote APPROVED the removal of Item 2 from the Consent Agenda and placing it as Item 12 under General Business for discussion: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) Acting City Manager John Blair shared an update on the following community matters: 1. Regarding cameras on South First Street, he learned from speaking with Chief Brackney that the cameras were placed there by the police department in response to gun violence in that area. 2. He gave notice of the February 3 Council Budget Work Session and the February 9 joint meeting with the Planning Commission concerning the Capital Improvement Plan budget. 3. He thanked local girl scouts for putting umbrella stations at the Downtown Transit Center. COMMUNITY MATTERS Mayor Walker opened the floor for public comment. The following members of the public spoke: 1. Andrew Jaspen and son Abraham Jaspen, city residents, spoke in support of allowing Page 32 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. Little League baseball games to resume in the City of Charlottesville. 2. Dr. Laura Goldblatt, city resident, spoke in opposition to the Special Use Permit for 1000 Monticello Road. 3. Maddy Green, city resident, spoke in opposition to the Special Use Permit for 1000 Monticello Road. 4. Kimber Hawkey, city resident, spoke in opposition to the Special Use Permit for 1000 Monticello Road. 5. Tanesha Hudson spoke about the process for hiring and contracting a city manager. 6. Brandon Collins, city resident, spoke in opposition to the Special Use Permit for 1000 Monticello Road. 7. Walt Heinecke, city resident, suggested that Council take a deep look at the Special Use Permit request for 1000 Monticello Road, and regarding the Human Rights Commission Ordinance he encouraged strengthening the ordinance before approving it. 8. Don Gathers, city resident, spoke in opposition to the Special Use Permit for 1000 Monticello Road, about the city manager hiring firm, and about Council working relations. 9. Chris Meyer, city resident, asked for an update on the City Schools reconfiguration contract. 10. Mary Bauer, city resident, spoke in support of passing the Human Rights Ordinance as presented. 11. Mark Kavit, city resident, spoke in opposition to the Special Use Permit for 1000 Monticello Road. Councilors addressed questions posed during Community Matters. The meeting recessed at 7:46 p.m. and reconvened at 8:01 p.m. ACTION ITEMS 9. RESOLUTION*: 1000 Monticello Road Special Use Permit request for additional residential density Brian Haluska, Principal Planner, presented the request and advised that the conditions of the proposed special use permit were updated based on feedback from the Planning Commission. He answered clarifying questions from Council. Applicant Justin Shimp provided additional information about the project. Following Council discussion Kelsey Shlein with the applicant and Alex Ikefuna, Deputy Director for Neighborhood Development Services, answered specific questions regarding income requirements and affordable housing. Councilor Payne expressed concern about adverse impact on the neighborhood. On motion by Councilor Payne, seconded by Vice Mayor Magill, Council by the Page 33 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. following vote DENIED the Special Use Permit at 1000 Monticello Road: 3-2 (Ayes: Magill, Payne, Walker; Noes: Hill, Snook). 10. PUBLIC HEARING/RESOLUTION*: Union Station Partnership - Reconveyance of TMP 300002A00 and Associated Easements Chris Engel, Economic Development Director, presented the request. He advised that the item was before Council in order to tie up a loose end from a development agreement that was entered into between Union Station Partners and the City of Charlottesville in the late 1990s. Mayor Walker opened the public hearing. With no speakers coming forward, Mayor Walker closed the public hearing. On motion by Councilor Snook, seconded by Vice Mayor Magill, Council by the following vote APPROVED the resolution: 5-0 approval (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION AUTHORIZING RECONVEYAN E OF LAND TO UNION STATION PARTNERS, LLC AND RELATED ACTIONS WHEREAS, on March 15, 1999 City Council adopted an “Ordinance Approving Amended Development Agreement Between the City and Union Station Partners for Union Station Project”, which ordinance remains in effect (“Development Agreement”); and WHEREAS, pursuant to the Development Agreement, the City accepted a conveyance of land from USP (“Lot 1”) and a temporary public access easement (“Temporary Easement”), and entered into certain obligations, in order to facilitate a federally funded project, and the City and USP agreed that, if the project did not materialize within two (2) years after the Development Agreement, USP would become entitled to re-acquire Lot 1 under terms specified in the Development Agreement, WHEREAS, the project did not materialize within the time contemplated by the Development Agreement, and USP has given written notice to the City of its desire to terminate the Development Agreement; NOW, THEREFORE, BE IT RESOLVED by the Charlottesville City Council that the Mayor is hereby authorized to execute one or more deeds, approved as to form by the City Attorney’s Office, to effect the following actions in accordance with the Development Agreement: 1. Reconveyance of Lot 1 to USP, 2. Vacation of the Temporary Public Access Easement shown on sheet 4 of the “Subdivision Plat Union Station” prepared by Kirk Hughes & Associates dated November 25, 1998, and of any other access easements or easements for ingress Page 34 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. and egress over USP’s property, granted to the City pursuant to the Development Agreement, and BE IT FURTHER RESOLVED THAT the City Attorney, as the official authorized by the City to accept conveyance(s) of property on behalf of Council, may accept dedications and conveyances from USP to the City of any new easement(s) required either by the Development Agreement or as part of the administrative approval of any plat related to the reconveyance of Lot 1 to USP. GENERAL BUSINESS 11. REPORT: West Main Value Engineering Study Jeanette Janiczek, UCI Program Manager, presented the report and acknowledged a future work session regarding the Capital Improvement Plan. She stated that the goal of the value engineering process was not to rescope the project, but to have an independent firm to review the work that has been done and advise of ways to improve the project while still maintaining the envisioned benefits and possibly reducing costs. Councilors commented about managing stormwater runoff, climate action planning, and budget priorities. Other staff provided additional information: Jack Dawson, David Brown, and Krisy Hammill. Council discussed the value added by the West Main project, weighing it against other large projects and commitments, and agreed to make a decision at the February 3 meeting. 12. ORDINANCE: Human Rights Commission Ordinance Recommended Amendments (2nd reading) This item was moved from the Consent Agenda for discussion. Vice Mayor Magill provided a summary of the reason for discussion and read the proposed changes to the ordinance. She stated that she worked with various people to make changes since the first reading of the ordinance. Councilors discussed additional changes presented by Vice Mayor Magill. On motion by Councilor Payne, seconded by Councilor Hill, Council by the following vote ADOPTED the ordinance with amendments: 4-0-1 (Ayes: Hill, Magill, Payne, Snook; Noes: none; Abstention: Walker). Ms. Walker abstained based on process changes and her understanding of what the process was supposed to look like. AN ORDINANCE AMENDING AND REENACTING CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED, ARTICLE XV (HUMAN RIGHTS) SEC. 2-431 (UNLAWFUL DISCRIMINATION PROHIBITED); SEC. 2-432 (HUMAN RIGHTS COMMISSION); Page 35 of 160 *Minutes being resubmitted with corrections for approval; original submission was duplicate from January 19, 2021. SEC. 2-433 (ROLE OF THE HUMAN RIGHTS COMMISSION); SEC. 2-437 (DUTIES AND RESPONSIBILITIESINVESTIGATION OF INDIVIDUAL COMPLAINTS AND ISSUANCE OF FINDINGS); AND SEC. 2-439.1 (ENFORCEMENT AUTHORITY- THE ROLE OF THE COMMISSION) TO UPDATE THE ORDINANCE TO REFLECT CHANGES TO THE VIRGINIA HUMAN RIGHTS ACT (VIRGINIA CODE TITLE 2.2, CHAPTER 39), THE VIRGINIA FAIR HOUSING LAW (VIRGINIA CODE TITLE 36, CHAPTER 5.1), and VIRGINIA CODE, TITLE 15.2, CHAPTER 9, §15.2-965, AS AMENDED. OTHER BUSINESS Councilor Hill referenced the City Ordinance regarding COVID-19 and asked how Spring sports such as Little League are affected. Mr. Blair advised that he would work with Ms. Robertson to get a complete answer. Mayor Walker provided an update on groups addressing violence in the city. She advised that she would be sending the proposals for non-profit groups to address violence disruption. The BUCK group wants to host an in-person training, costing approximately $30,000. She spoke of stipends for participants and other ways that Council could support the initiatives. MATTERS BY THE PUBLIC Mayor Walker opened the floor for public comment. - Don Gathers encouraged Council to govern "in the now". - Walt Heinecke thanked Council for the vote on the 1000 Monticello SUP and for moving the Human Rights Commission ordinance forward. He made farewell remarks to John Blair. The meeting adjourned at 11:09 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 36 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 6, 2022 Action Required: Approval of Resolution (Appropriation) Presenter: Emily Pelliccia, Deputy Chief; Charlottesville Fire Department Staff Contacts: Emily Pelliccia, Deputy Chief; Charlottesville Fire Department Title: Local Emergency Management Performance Grant (LEMPG) - $15,000 Background: The Virginia Department of Emergency Management has allocated $7,500 in 2021 Emergency Management Performance Management Grant (LEMPG) funding from the Federal Emergency Management Agency to the City of Charlottesville. The City’s local share is $7,500 (required local funding contribution), for a total project cost of $15,000. Discussion: The City of Charlottesville is the grant administrator for this grant, which will used to enhance our local government preparedness for future major emergencies and disasters. The grant award period is July 1, 2021 to June 30, 2022. The objective of the LEMPG is to support local efforts to develop and maintain a comprehensive emergency management program. A key element of that program is continuity of operations planning (COOP) for the City of Charlottesville. The 2021 LEMPG funds will be used by city staff to complete an enterprise COOP. The COOP is the document that “keeps the heart of the City beating” during major emergencies or disasters. In 2019 Launch! Consulting was contracted by the City of Charlottesville and the Regional Office of Emergency Management to assist with the facilitation of the City’s first enterprise COOP. A draft COOP was developed at that time through a series of workshops and follow-up activity however the pandemic and turnover of key City leadership prevented finalization of the COOP. It is recommended that the final draft be revisited and updated with the new leadership in place. The citywide effort, inclusive of all City departments will be facilitated once again by Launch! Consulting through City-wide workshops in which each department will be represented by a staff member who understand the details of departmental procedures, and who has decision-making authority for their department. Launch will lead at least two workshops to Page 37 of 160 re-acquaint departments with their COOP documents and the concept of citywide COOP planning. An updated enterprise COOP will be the final product. Alignment with Council Vision Areas and Strategic Plan: COOP planning and this request supports City Council’s America’s Healthiest City vision, specifically, “Our emergency response system is among the nation’s best,” as well as Goal 2 of the City’s Strategic Plan, specifically sub-elements 2.1 (Provide an effective and equitable public safety system) and 2.4 (Ensure families and individuals are safe and stable). Maintaining our response and recovery capability is an on-going process that requires regular planning discussions and updates to our plans as well as training and exercising of our plans. Community Engagement: Continuity of operations during times of major emergencies and disasters ensures that there are no major disruptions to any City services or assistance to our community. By preparing our local government for future events we align with the Federal Emergency Management Agency’s vision for continuity to be “a more resilient Nation through whole community integration of continuity plans and programs to sustain essential functions under all conditions.” Budgetary Impact: The locality match of $7,500 will be covered by the citywide reserve. Alternatives: If grant and matching funds are not appropriated, the COOP will not to be completed at this time. Recommendation: Staff recommends approval and appropriation of grant funds as well as Council approval of the transfer of citywide reserve funds to be appropriated for expenditure for the COOP. Suggested Motion “I move the RESOLUTION Appropriating the amount of $7,500 to be expended for the City’s share of a State Local Emergency Management Performance Grant” Attachment (1): Proposed Resolution Page 38 of 160 RESOLUTION Appropriating the amount of $15,000 to be expended for the Local Emergency Management Performance Grant (LEMPG) WHEREAS, the City of Charlottesville has received funds from the Virginia Department of Emergency Management in the amount of $7,500 in federal pass-through funds; WHEREAS, the grant award covers the period from July 1, 2021 through June 30, 2022; WHEREAS, the City of Charlottesville will be required to provide matching funds ($7,500) and that amount is available within the Citywide Reserve; WHEREAS, the total funds, in the amount of $15,000, will be used to support the update and finalization of an enterprise continuity of operations plan (COOP); NOW, THERFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $7,500, be received as grant funding and the sum of $7,500, be allocated from citywide reserves and be appropriated in the following manner: Revenues – $15,000 $7,500 Fund: 209 Internal Order: 1900471 G/L: 430120 State/Fed pass thru $7,500 Fund: 209 Internal Order: 1900471 G/L: 498010 Transfer from Other Funds Expenditures – $15,000 $15,000 Fund: 209 Internal Order: 1900471 G/L: 599999 Lump Sum Transfer Sender - $7,500 $7,500 Fund: 105 Cost Center: 1631001000 G/L: 561209 Transfer to State Grants BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $7,500 from the Virginia Department of Emergency Management. Page 39 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Requested: 2nd 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 Rates for FY2023 (effective July 1, 2022) 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. 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’23, the rates for RWSA have increased and they are incorporated in the City’s proposed utility rates. Discussion: Proposed Utility Rates for FY’23 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:  $69.75/1,000 cubic feet (cf) of water (average annual composite rate of seasonal rates), Page 40 of 160  $83.80/1,000 cf of wastewater, and;  $97.65/8,000 cf of natural gas. In addition, the City is proposing a modification of the facility fees for water meters 3-inches and larger to reflect the additional capacity provided by a new type of meter. The table below reflects the current facility fees and proposed facility fees associated with each meter size. Water Meter Facility Fees Meter Size Current ERC Proposed ERC Current Facility Fee Proposed Facility Fee ⅝" 1 1 $3,100 $3,100 1" 2.5 2.5 $7,750 $7,750 1 ½" 5 5 $15,500 $15,500 2" 8 8 $24,800 $24,800 3" 15 25 $46,500 $77,500 4" 25 50 $77,500 $155,000 6" 50 80 $155,000 $248,000 Wastewater Facility Fees Meter Size Current ERC Proposed ERC Current Facility Fee Proposed Facility Fee ⅝" 1 1 $5,350 $5,350 1" 2.5 2.5 $13,375 $13,375 1 ½" 5 5 $26,750 $26,750 2" 8 8 $42,800 $42,800 3" 15 25 $80,250 $133,725 4" 25 50 $133,725 $267,500 6" 50 80 $267,500 $428,000 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: Current Proposed Service Change Percent (based on rates adopted 7/1/21) (Effective 7/1/22) Water¹ $29.76 $33.40 $3.64 12.23% Wastewater¹ $38.04 $39.02 $0.98 2.58% Natural Gas¹ $50.60 $49.80 -$0.80 -1.58% Stormwater² $5.86 $5.86 $0 0% TOTAL $124.26 $128.08 $3.82 3.07% (1) Rates include monthly service charge. Page 41 of 160 (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 (87.5% of City residents), their total utility bill is projected to rise by $3.82 per month, or 3.07%. For residential customers who receive just water, wastewater and stormwater service, their utility bill will increase by $4.62 per month, or 5.90%. 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 was held June 6, 2022. The notice for the public hearing was advertised in the newspaper during the weeks of May 16, 2022 and May 23, 2022. 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. Alternatives: As noted above, the utilities operate on a self-sustaining, break-even basis. If the proposed rates are not adopted, the utilities would not financially perform in this manner which in turn would impact the City’s ability to efficiently and reliably operate these systems. The City’s ability to invest in these critical infrastructure systems would be negatively impacted as well. Additionally, the City would not meet its long-term financial policy by not having sufficient working capital for its utilities. Attachments: Ordinance At a Glance Utilities Operations Overview Page 42 of 160 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, 31-102, 31-106, 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 $8.9908 $8.8087 Next 3,000 cubic feet, per 1,000 cubic feet $8.5198 $8.3559 Next 144,000 cubic feet, per 1,000 cubic feet $8.0489 $7.9031 All over 150,000 cubic feet, per 1,000 cubic feet $7.5779 $7.4504 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 $7.3421 $7.3471 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 43 of 160 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 $7.2178 $7.0120 per one thousand (1,000) cubic feet for the first six hundred thousand (600,000) cubic feet, and $6.6937 $6.5125 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 $7.2178 $7.0120 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) $2.6462 $2.6287 per dekatherm for a customer receiving only TS gas, and (2) $1.5877 $1.5772 per dekatherm, for customers who transport 35,000 or more dekatherms 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. … (e) Extension of facilities. . . . (f) Billing month. . . . 2 Page 44 of 160 (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 April 1st, 2021, April 1st, 2022 (2) Such base unit costs are $4.2810 $5.1715 per one thousand (1,000) cubic feet for firm gas service and $2.8498 $3.4986 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 III. WATER AND SEWERS GENERALLY Sec. 31-102. - Application for water service; water connection charges generally; installation of meters, etc. (a) Whenever any person owning or leasing property for which water service has been installed desires the initiation of water delivery, they shall make written application to the director of finance on forms prescribed by the director. (b) Whenever any person owning or leasing property along an existing city water main desires to provide a service connection from such main to such property, they shall make application to the director of finance on forms prescribed by the director. The charge for a water connection for a meter provided, installed and set by the city under this subsection. The cost of connecting to the city water shall be determined based on the water meter size or equivalent residential connections (ERC), whichever fee is greater, shall be as follows: 3 Page 45 of 160 Water Meter Size (inch) ERC Water Meter Set Fee Water Facility Fee ⅝ 1 $325.00 $3,100.00 1 2.5 $495.00 $7,750.00 1½ 5 $565.00 $15,500.00 2 8 $635.00 $24,800.00 3 15 25 $825.00 $46,500.00 $77,500.00 4 25 50 $965.00 $77,500.00 $155,000.00 6 50 80 $1,145.00 $155,000.00 $248,000.00 (c) In new subdivisions or any portion thereof the city may, if the city manager deems it to be in the best interest of the city, install water connections at the same time the water main or mains are installed in the new streets and prior to the time that the streets are paved, provided: (1) The subdivider so requests; (2) The subdivider gives assurance in writing that the lots will be built upon within a reasonable time; and (3) The subdivider designates on a plat the desired location of such connections. The charge for a water connection shall be as indicated in subsection (b) of this section. (d) All installations made pursuant to subsections (b) and (c) of this section, from and including the meter to the main, shall be the property of the city, and the city shall maintain such service line and meter. (e) In new subdivisions, such as apartment or office complexes or shopping centers, the city may, if the city manager deems it to be in the best interest of the city, install water meters at approximately the same time the water main or mains are installed in the project, provided: (1) The subdivider or developer so requests; (2) The subdivider or developer gives assurance in writing that the project will be built within a reasonable time; (3) The subdivider or developer designates on a plat the desired location of any main or mains, service lines and meters; and (4) The subdivider or developer installs at their expense any required mains and service lines in accordance with city standards. The charge for a water connection shall be as indicated in subsection (b) of this section. Sec. 31-106. - Sewer connections generally. (a) All sanitary sewer connections shall be done by the applicant; extensions of all lines in city streets shall be performed by or approved in advance by the city. The cost of connecting to the city sewer shall be determined based on the water meter size or equivalent residential connections (ERC), whichever fee is greater, as follows: 4 Page 46 of 160 Meter Size (inch) ERC Sewer Facility Fee ⅝ 1 $5,350.00 1 2.5 $13,375.00 1½ 5 $26,750.00 2 8 $42,800.00 3 15 25 $80,250.00 $133,725.00 4 25 50 $133,725.00 $267,500.00 6 50 80 $267,500.00 $428,000.00 For the purposes of this subsection, multi-family housing shall equal 0.5 ERC per unit and hotels shall equal 0.33 ERC per room. "Multi-family housing" shall include all buildings or structures with three (3) or more dwelling units, regardless of whether the units are individually owned or leased. As used herein, a "sewer facility fee" is defined as a charge levied to offset existing or planned future capital costs necessary to meet the service needs of city sanitary sewer customers. The amount of the sewer facility fee is based on the customer's water meter size, or the number of equivalent residential connections as indicated above. (b)Connections shall be made only upon application in writing on a form provided by the director of finance, to whom applications shall be made, and the payment above mentioned shall be made at the time of application. (c)All applicant connections to the city's sewer lines shall be made only by a certified master plumber after securing a proper permit. All such connections must be inspected and approved by the city. (d)All connections to mains of the city sewerage system, whether inside or outside of the city, shall be made only by the use of a mechanical tapping saddle with straps or bands circling the entire pipe compressing a rubber seal against the main line, or a polyvinyl chloride or ductile iron wye in the line. Any portion of the house sewer line within any street or road right-of-way shall be ductile iron, polyvinyl chloride or cast iron. (e)In new subdivisions or any portion thereof, the city may, if the city manager deems it to be in the best interest of the city, install sewer connections at the same time the sewer main or mains are installed in the new streets and prior to the time that the streets are paved; provided: (1) The subdivider so requests; (2) The subdivider gives assurance in writing that the lots will be built upon within a reasonable time; and (3) The subdivider designates on a plat the desired location of such connections. The charge for sewer connections shall be as indicated in subsection (a) of this section. 5 Page 47 of 160 ARTICLE IV. WATER AND SEWER SERVICE CHARGES Sec. 31-153. Water rates generally. (a) Water rates shall be as follows: (1) Monthly service charge…. May-September October-April (2) Metered water consumption, per 1,000 cu. ft. $70.08 $80.59 $53.91 $62.00 (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 ... (2) An additional charge of eighty-one dollars and thirty-four cents ($81.34) eighty-three dollars and eighty cents ($83.80) 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 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, 2022. 6 Page 48 of 160 At A Glance L O T T E SV FY2023 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 FY2023. All rates will go into effect July 1st, 2022. For a thorough explanation and details of the recommendations, please refer to the FY2023 Utility Rate Report. 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 cubic feet (cf) of gas. This information is based on utility rates and charges adopted July 1st, 2021, and proposed rates and charges. Current Proposed Based on rates Effective 7/1/22 Change Percent adopted 7/1/21 Water1 $29.76 $33.40 $3.64 12.23% Wastewater 1 $38.04 $39.02 $0.98 2.58% Gas 1 $50.60 $49.80 ($0.80) -1.58% Stormwater 2 $5.86 $5.86 $0 0% Total $124.26 $128.08 $3.82 3.07% (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’ 23 Budget $15,172,395 $0.50 $0.28 $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 $9.10 per 1,000 cf based on the amount of water used, which is a 15.0% increase. Page 49 of 160 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 Water Proposed Proposed Water Water Use $ Change % Change (cf per month) Composite Water Usage Composite Water Usage (per 1,000 cf) (charge per month) (per 1,000 cf) (charge per month) Minimal User (10th Percentile) 140 $60.65 $8.49 $69.75 $9.76 $1.27 14.96% Small User (25th Percentile) 250 $60.65 $15.16 $69.75 $17.44 $2.28 15.04% Median User (50th Percentile) 400 $60.65 $24.26 $69.75 $27.90 $3.64 15.00% Large User (75th Percentile) 610 $60.65 $37.00 $69.75 $42.55 $5.55 14.99% High Volume User (90th Percentile) 880 $60.65 $53.37 $69.75 $61.38 $8.01 15.01% Wastewater Rates Where your Wastewater Dollar goes ... FY’ 23 Budget $15,785,453 $0.56 $0.25 $0.17 $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 $2.46 per 1,000 cf based on the amount of water used, which is a 3.0% 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 Wastewater Proposed Proposed Water Use Wastewater $ Change % Change (cf per month) Wastewater Usage Wastewater Rate ($ per 1,000 cf) (charge per month) ($ per 1,000 cf) Usage Minimal User (10th Percentile) 140 $81.34 $11.39 $83.80 $11.73 $0.34 2.98% Small User (25th Percentile) 250 $81.34 $20.34 $83.80 $20.95 $0.61 3.00% Median User (50th Percentile) 400 $81.34 $32.54 $83.80 $33.52 $0.98 3.01% Large User (75th Percentile) 610 $81.34 $49.62 $83.80 $51.12 $1.50 3.02% High Volume User (90th Percentile) 880 $81.34 $71.58 $83.80 $73.74 $2.16 3.02% City of Charlottesville Utility Rate Report FY 2023 02 Page 50 of 160 Water & Wastewater Facility Fees The City is modifying the facility fees for water meters 3-inches and larger to reflect the additional capacity provided by a new type of water meter. The base cost per ERC will remain the same. The table below reflects the current facility fees and proposed facility fees associated with each meter size. Current ERC Proposed ERC Water Facility Fees Wastewater Facility Fees Water Meter Size Current Proposed Current Proposed (in inches) 5/8 1 1 $ 3,100 $ 3,100 $5,350 $5,350 1 2.5 2.5 $ 7,750 $ 7,750 $13,375 $13,375 1 1/2 5 5 $15,500 $ 15,500 $26,750 $26,750 2 8 8 $ 24,800 $ 24,800 $42,800 $42,800 3 15 25 $ 46,500 $77,500 $80,250 $133,725 4 25 50 $77,500 $ 155,000 $133,725 $267,500 6 50 80 $ 155,000 $ 248,000 $267,500 $428,000 Stormwater Rates Where your Stormwater Dollar goes ... FY’ 23 Budget $3,563,611 $0.42 $0.29 $0.26 $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 2023 03 Page 51 of 160 Gas Rates Where your Natural Gas Dollar goes ... FY’ 23 Budget $31,407,534 $0.45 $0.33 $0.13 $0.05 $0.04 PURCHASE OF GAS (BP) CITY OPERATIONS AND MAINTENANCE PAYMENT IN LIEU CUSTOMER SERVICE & CAPITAL IMPROVEMENT OF TAXES (PILOT) BILLING PROJECTS Usage Rate Gas rates are proposed to decrease for all natural gas customers. For the average residential gas customer, gas rates are proposed to decrease by 1.58% 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 Gas Bill % $ Change (cf per month) (using FY22 base rate) (using FY23 base rate) Change Minimal User 4,000 $45.49 $44.78 ($0.71) -1.56% Average User 4,600 $50.60 $49.80 ($0.80) -1.58% Large User 20,000 $175.22 $172.14 ($3.08) -1.76% High Volume User 60,000 $497.17 $488.26 ($8.91) -1.79% 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 gas cost used to calculate 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 2022 PGA Bill with April 2022 PGA Minimal User 4,000 $55.67 $54.96 ($0.71) -1.27% Average User 4,600 $62.31 $61.50 ($0.80) -1.28% Large User 20,000 $226.10 $223.02 ($3.08) -1.36% High Volume User 60,000 $649.82 $640.91 ($8.91) -1.37% City of Charlottesville Utility Rate Report FY 2023 04 Page 52 of 160 Utilities L O T T E SV CH A R I LL Operations Overview 62- E -VI R G I NIA - 1 7 FY23 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: 17,252 tickets in 2021. well as sewer backups. Over 560 leaks checked per year. • 24/7/365 Utilities Call Center The Utilities Call Center handles approximately • GIS Mapping and Maintenance 25,000 calls per year. 37,588 feet of utility lines entered and 1,098 CCTV videos cataloged last year. • Customer Service Last year, we processed 7,273 Move-ins and • Meter Reading and Maintenance 7,181 Move-outs. We perfomed 479,895 meter readings including 2,411 implausible meter readings and 1,040 ERT • Online Bill Pay Services replacements in 2021. In October 2021, we launched a new bill pay portal.To date, 2,236 customers have registered • Development Site Plan Review for Autopay, and 5,968 customers receive Our engineers reviewed and followed the paperless billing. implementation of 194 site plans in 2021. Customer Satisfaction Experience Interacting with Utilities Department Staff (% Satisfied)* How satisfied you are with the new Staff knowledge and technical Overall responsiveness to your Utility Billing Online Payment Portal? competence request, question, or concern 97% 95% 98% Satisfied & Satisfied & Satisfied & Neutral Neutral Neutral *Department of Utilities Customer Satisfaction Survey - SurveyMonkey – February, 2022 Page 53 of 160 Water Distribution & Wastewater Collection Water & Wastewater by numbers 14,500 4.5 million 183 miles 172 miles 8,572 CUSTOMERS GALLONS OF WATER OF WATER OF WASTEWATER WORK ORDERS SERVED SOLD DAILY MAINS MAINS COMPLETED Water Quality • 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 • Meter testing and replacement program: - Over 323 large water meters have been completed since the program’s inception. • Annual system-wide leak detection survey: - In 2021, 13 leaks totalling 534,240 GPD were detected and repaired. • Ultrasonic meter installation: - Is more accurate and measures low flow rates. Fats, Oils, and Grease Program • 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. 02 Utilities City of CharlottesvillePage 54 of 160 Water & Wastewater Asset Management • Water main replacement program: - 10,812 linear feet in 2021 and 112,054 linear feet of water lines have been replaced since 2010 or 11.6% of the entire water system. - Total construction cost: $27.7 million • Water service line replacement: - 5,273 linear feet in 2021 and 47,513 linear feet of water services have been replaced since 2010 (15% of the City-owned water services). • Wastewater main rehabilitation program: - 6,449 linear feet of wastewater lines were rehabilitated or replaced in 2021 and over 251,834 linear feet of main have been rehabilitated or replaced since the program’s inception in 2009 (28% of the wastewater system). - Total construction cost: $22.2 million • Manhole rehabilitation or replacement: - 1,182 manholes have been rehabilitated or replaced since the program’s inception (20% of the City’s wastewater manholes). Reliability of your water service Reliability of your wastewater Customer Satisfaction to your home service to your home 99% 99% In our recent Utilities Customer Satisfaction Survey, our customers show high levels of satisfaction with the dependability of our services. Satisfied & Satisfied & Neutral Neutral Rate the value that you pay Rate the value that you pay for your water service for your sewer service 95% 92% 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 Improvement • Utilities has had an active Stormwater Conveyance System Rehabilitation Program since 2010. • Stormwater rehabilitation program: - 5,685 linear feet of stormwater lines rehabilitated or replaced in 2021 and 71,445 linear feet rehabilitated or replaced or 10.4% of the system since the program’s inception. - Total construction cost: $10.8 million • Structure rehabilitation or replacement: - 440 structures rehabilitated or replaced since the program’s inception (5% of the system‘s storm structures). 03 Utilities City of CharlottesvillePage 55 of 160 Gas System Natural Gas by numbers 21,300 342 miles 300 miles 32 11,585 CUSTOMERS GAS MAIN GAS SERVICE REGULATOR WORK ORDERS SERVED LINES LINES STATIONS COMPLETED 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. 1) Energy-efficiency programs: • Energy Saving Trees - this partnership with the Arbor Day Foundation provides Charlottesville Utilities customers with a free tree to strategically plant on their property, delivering energy- and cost-saving benefits to their home. - Almost all 250 available trees were reserved in 48 hours, with the few remaining claimed shortly thereafter. - The successful planting of these trees will provide the community with 823,418 lbs. of carbon sequestration over 20 years. • Popular energy-efficiency rebates includes $100 Programable Thermostat, $200 Tankless Water Heater and $300 Attic Insulation Rebates. • Charlottesville Gas Energy Efficiency Program (CGEEP) program offering energy efficiency upgrades at no cost to income-qualified households. - Since its launch, 124 gas customers have benefited from the program. Of the total CGEEP recipients, 68% were Charlottesville homeowners, and 73% had at least one family member age 60 years or older living in the same household. - The energy-saving varies a lot from home to home (from 3% to 51% reduction). On average, we noticed a 20% reduction in gas consumption during the winter months. - To date, the Charlottesville Department of Utilities has invested $173,066 in the CGEEP program. 2) Carbon offset program: In our recent Utilities Customer Satisfaction Survey, our customers • This program allows Utilities to invest in various show high levels of satisfaction with access to gas service, and carbon sequestration projects all around the world. value of natural gas. - Charlottesville Gas currently offsets 25% of its How important is it to have gas Rate the value that you pay for emissions through this program. available to your home? your gas service - According to the 2019 City‘s GHG Inventory by Sector and Fuel Type Report (Released 2022), there has been a reduction of natural gas 95% 91% emissions in our community of 30% (baseline Extremely/ Excellent / 2011). This reduction is consistent with the City- Very/Somewhat Good/Fair wide GHG reduction. Important - Carbon Offset program allows Utilities to meet the citywide climate action goals of a 45% reduction by 2030. 04 Utilities City of CharlottesvillePage 56 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Resolution: Minor Amendment 2020-2021 Action Plan Presenter: Erin Atak, Grants Coordinator Staff Contacts: Erin Atak, Grants Coordinator Tim Motsch, Transportation Project Manager Title: CDBG 2020-2021 Reprogramming Ridge ST Priority Neighborhood Fund Background: This agenda item includes a resolution to reprogram Community Development Block Grant (CDBG) funds received by the City of Charlottesville from the U.S. Department of Housing and Urban Development (HUD) and a minor action plan amendment for the FY2020-2021. On September 16, 2019, City Council selected Ridge Street as the designated CDBG Priority Neighborhood to receive an allocation of funding for FY20-21, FY21-22, and FY22-23. A CDBG Ridge Street Priority Neighborhood Taskforce subcommittee was established to identify priorities designed to address blight within the Ridge Street community. Between September 2020 to February 2021, a neighborhood survey was conducted, a series of public taskforce meetings were held, and community walkthroughs were conducted to gather feedback within the neighborhood to discuss concerns within the community and identify problem areas that could potentially be addressed through CDBG funds. Survey results can be accessed through the following link. The Taskforce identified several projects for CDBG funding recommendation as a result of community engagement efforts. The City Council approved the CDBG Ridge Street Taskforce Traffic Calming Project Recommendations on March 15, 2021 for the Ridge St. Traffic Calming Activities. The activity was later procured and completed in January of 2022, with a remaining balance of $62,406.19. From 2014-2018, City Council designated the 10th and Page neighborhood to receive CDBG funds to assist with neighborhood improvements. The 10th and Page Taskforce created priorities for spending the neighborhood grant funds within the 10th and Page community. One of the priorities was to use grant funds to improve City-owned lots located across the street from the West Haven Community Center. Using CDBG funds, the City, in collaboration with the neighborhood association, the CDBG 10th and Page priority neighborhood Taskforce, and nearby residents, developed a plan for creation of a park. On July 8, 2021, the City of Charlottesville announced the opening of a new park in the 10th and Page neighborhood with a ribbon cutting ceremony, later named and approved by City Council as Jenkins Park on January 18, 2022. The park is an upgrade to an area of City-owned lots that once had several homes removed due to flooding. Staff recently became aware of an outstanding design change order with a balance of $10,700 that remains to be 1 Page 57 of 160 paid for the last-minute design changes done in the field. Discussion: The remaining design change orders made by the procured design consultant are outstanding. The change order lists the following outstanding work to be completed: the park’s additional seat wall design and related site work, the wood guardrail research, design, procurement, and documentation, drain inlet relocation, additional submitted reviews for the park’s culvert due to precast changes, and the park’s chess table spec alternatives. The design change orders total is $10,700. With a minor FY2020-2021 Action Plan Amendment, remaining funds from the Ridge Street Traffic Calming activity can be reprogrammed to close out the 10th and Page outstanding design costs. The above design changes occurred during construction. As such, they were extremely time sensitive. Any delay in construction while waiting for change order processing and other administrative activities would have precipitated a construction delay resulting in additional contractor costs. In addition, opening of the park would have been delayed. At the City’s direction, the design consultant proceeded with the design work and provided the change order request later. Due to the process needed to adjust the project budget for the CDBG funding, the current budget does not include funding for this change. Reprogramming of the CDBG Ridge St Priority Neighborhood Traffic Calming funds will complete the design work for Jenkins Park. Community Engagement: Minor Action Plan Amendments do not require a public hearing. If council approves the request, then the approval will be submitted to HUD as a minor Action Plan Amendment for the 2020-2021 fiscal year. The full action plan can be viewed on the City Website through the following link. 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. It contributes to a 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: There is no impact to the General Fund. Funds are currently appropriated for this project through CDBG. Recommendation: Staff recommends approval of the resolution to reprogram funds. There is no other intended use for the remaining Ridge Street funds at this time. Alternatives: If the resolution is not approved, the City will need to find alternative sources of funds for the design consultant to close out their change order requirements. Attachments: Resolution for Minor 2020-2021 Action Plan Amendment 2 Page 58 of 160 RESOLUTION The FY 2020-2021 CDBG Action Plan Amendment to Reprogram the Community Development Block Grant Ridge Street Priority Neighborhood Taskforce Traffic Calming Project Funds for Expenditure of CDBG Funding on or before June 30, 2022. WHEREAS on May 7, 2018, the Charlottesville City Council approved a Consolidated Plan for the City of Charlottesville and the Thomas Jefferson Planning District, covering the period from July 1, 2018 through June 30, 2023, which sets forth a plan to provide support for certain community development needs—including, but not limited to—infrastructure needs, within those jurisdictions; and WHEREAS the Consolidated Plan includes a citizen participation plan, and Sec. 2-419(10) specifies that, once City Council has approved and funded a program, any reprogramming and budgetary changes will be done consistent with the approved citizen participation plan; WHEREAS the Consolidated Plan is implemented during the coverage period through certain “Action Plans”, including the “FY 2020-2021 Action Plan” previously approved by resolution of City Council on May 3, 2021; and WHEREAS within the FY2020-2021 Action Plan the Charlottesville Ridge Street Priority Neighborhood was selected as a designated priority neighborhood for CDBG funding from the City, in the amount of $85,830, to plan neighborhood improvement activities in the City of Charlottesville within the Ridge Street Priority Neighborhood, with a target of June 30, 2022 for expenditure of the funding in accordance with the approved project; and WHEREAS the 10th and Page Kennon Williams Design services is requesting a modification of their approved project, in order to satisfy outstanding design costs for the Jenkins Park, while allowing for the timely expenditure of all awarded funding by June 30, 2022 (“contingency plan”), and federal regulations specify that this type of modification must be approved by City Council as a minor amendment of the City’s FY2020-2021 Action Plan (“Minor Amendment of the FY2020-2021 Action Plan”); and WHEREAS the requested Minor Amendment of the FY2020-2021 Action Plan does not make any change to the amount of CDBG funding previously approved for the Ridge Street Priority Neighborhood; and WHEREAS this Council is satisfied by the information presented within the staff report, that the proposed Minor Amendment of the FY2020-2021 Action Plan has been brought forward in accordance with the approved citizen participation plan, as required by City Code §2-419(10); now, therefore BE IT RESOLVED that the Charlottesville City Council hereby approves a Minor Amendment of the City’s FY2020-2021 Action Plan, to authorize the Reprogramming of Ridge Street Priority Neighborhood Traffic Calming funds, which will assist the Charlottesville 10th and Page in meeting CDBG timeliness goals in accordance with federal regulations set forth at 24 CFR 570.902. 3 Page 59 of 160 Fund Account Code Purpose Proposed Proposed Proposed Revised Revised Revised Reduction Addition Appropriation 218 1900361 Ridge Street $10,700 Traffic Calming 218 P-00001-05-19 10th and Page $10,700 $10,700 Design Change Order TOTALS $10,700 $10,700 $10,700 Original Approved Project Minor Amendment— Approved by Council within modifications proposed by the FY2020-2021 Action Plan 10th and Page Design Change Order Project Name Ridge Street Priority 10th and Page Priority Neighborhood Neighborhood Target Area City of Charlottesville No change Goals Supported Enhance and Improve No change Neighborhood Amenities Needs Addressed Infrastructure No change Improvements/Accessible Neighborhood Amenities Funding CDBG: $85,830 $10,700 Description Projects will focus on Changes: Projects will focus neighborhood improvements on neighborhood within low to moderate improvements within low to income eligible areas in the moderate income eligible Ridge neighborhood. areas in the 10th and Page neighborhood. Target Date 6/30/2022 Change: 7/1/2022 Estimate the number and 2000 people from the Ridge Changes: 2000 people from type of families that will Street target neighborhood the 10th and Page benefit from the proposed neighborhood. activities Location Description City of Charlottesville No change 4 Page 60 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Approval of two Resolutions Presenter: Erin Atak, Grants Coordinator Staff Contacts: Erin Atak, Grants Coordinator Alexander Ikefuna, Interim Director Office of Community Solutions Title: 2022-2023 CDBG and HOME Budget Amendment Background: In Fall 2021 the City of Charlottesville advertised a request for proposals (RFP) for an estimated $433,471 Community Development Block Grant (CDBG) dollars and estimated $84,576.88 HOME Investment Partnerships Program (HOME) dollars based on priorities set by City Council on September 20, 2021. The City received three applications (requests totaling $226,071) categorized as affordable housing projects; three applications (requests totaling $111,807.00) categorized as public service projects; and two applications (requests totaling $55,130) categorized as economic development projects. All applications were reviewed by the CDBG/HOME Taskforce in February and March 2022. On April 12, 2022, the Planning Commission reviewed the recommended budget, conducted a joint public hearing with the City Council, and approved the recommendation. On June 6, 2022, the City Council voted to approve the 2022 – 2023 CDBG and HOME budget as recommended by the Planning Commission. On May 31, 2022, the U.S. Department of Housing and Urban Development (HUD) issued the City of Charlottesville an official CDBG and HOME entitlement award under Public Law 116- 260. The City’s CDBG award is $414,907 (down $18,564 or 4.28%) from previous estimate of $433,471; and the HOME award is $93,478.13, up ($8,901.25 or 10.5%) from previous estimate of $84,576.88. This agenda item includes a minor budget amendment for the CDBG and HOME funds to be received by the City of Charlottesville from HUD. Discussion: During the fall 2021 RFP application period, HUD did not confirm the entitlement amount. Rather, HUD recommended to City Council that all CDBG and HOME project recommendations get increased/reduced at the same pro-rated percentage of the actual entitlement award. If the total actual award amount received by HUD differed from the appropriated amount, all appropriated amounts may be administratively increased/decreased at the same pro-rated percentage of change between the estimated entitlement award and the actual entitlement award. The total appropriated amount will not exceed 2.5% total change, nor will any agency or program increase more than 1 Page 61 of 160 their initial funding request without further action from City Council. HUD awarded the City of Charlottesville an entitlement amount of $414,907 CDBG dollars, and $93,478.13 HOME funds on May 31, 2022. A minor correction is needed for the FY2022-2023 CDBG and HOME budget requiring City Council approval. It is important to note that no additional funds will be awarded to subrecipients who have received full funding request for both CDBG and HOME. Likewise, note that no additional funding will be awarded to subrecipients with open account balances in the FY2021-2022 CDBG and HOME program due to the City’s second timeliness sanction issued January 2021. On January 14, 2021, the City of Charlottesville was found to be noncompliant for the second consecutive year with the CDBG and HOME timely expenditure requirements. HUD has noted that the City’s lack of timely performance as a deficiency. Current program subrecipients for fiscal year 2020-2021 are urged to complete all CDBG and HOME spending prior to re- applying/receiving additional funding as a written HUD best practice, Ensuring CDBG Timeliness. Community Engagement: A request for proposals was held for housing, economic development, public facilities, and public service programs between November 2021 and March 2022. Applications received were reviewed by the CDBG/HOME Taskforce. A notice of the April 12, 2022 joint Planning Commission-City Council Public Hearing was published in the Daily Progress for a 15-day public comment period on March 22, 2022. The public was also given the opportunity to voice their opinions during the 30-day public comment period published on March 30, 2022, and at the Thomas Jefferson Planning District Commission Public Hearing on May 5, 2022. The Planning Commission reviewed the recommended budget and conducted a joint public hearing with the City Council on April 12, 2022 and recommended the budget to the City Council for approval. On June 6, 2022, the City Council approved the 2022 – 2023 CDBG and HOME budget.as recommended by the Planning Commission. 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 a 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: Proposed CDBG projects will be carried out using only the funds to be received by the City of Charlottesville from the U.S. Department of Housing and Urban Development (HUD) for the City's CDBG program. The HOME program requires the City to provide a 25% match (HOME match equals ¼ of the Entitlement amount). The sum necessary to meet the FY 2022-2023 match is $23,369.53, which will be appropriated out of the Charlottesville Housing Fund (CP-0084). 2 Page 62 of 160 Recommendation: Staff recommends approval of the 2022 – 2023 CDBG and HOME minor budget amendments. Funds included in this budget will not be spent until after July 1, 2022. Alternatives: No alternatives are proposed. Attachments: Resolution for CDBG funds Amendment Resolution for HOME funds Amendment 3 Page 63 of 160 RESOLUTION AMENDING HOME INVESTMENT PARTNERSHIPS PROGRAM ACCOUNTS FY 2022-2023 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 June 6, 2022; 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 1900463 HOME Match $2,225.31 $23,369.53 210 1900463 LEAP Assisted Home $8,901.25 $93,478.13 Performance TOTALS: 4 Page 64 of 160 RESOLUTION AMENDING COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNTS FY 2022-2023 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 June 6, 2022; 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 1900464 Ridge ST Priority $7,981.82 $178,394.34 Neighborhood 218 1900465 CIC Microenterprise $1,070.66 $23,929.34 Scholarships 218 1900466 LEAP Workforce Development $1,290.36 $28,839.64 218 1900467 PHAR Resident Involved $1,606.42 $35,903.90 Redevelopment 218 1900468 LVCA Workforce Tutoring $1,178.17 $26,332.15 218 1900469 LEAP Solar Maintenance $1,723.77 $38,526.23 218 3914001000 Administrative and Planning $3,712.80 $82,981.40 TOTALS: $414,907 5 Page 65 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Requested: Approval of Ordinance (1 reading only, no public hearing) Presenter: Lisa Robertson, City Attorney Staff Contacts: Lisa A. Robertson, City Attorney Title: Approval of Encroachment Agreement (1622 East Market Street) Background: John and Mary Winter are the owners of a building located in the City at 1622 East Market Street (“Building”). A recent survey undertaken during the process of a proposed sale of this property revealed portions of the Building encroach into the public street right of way for East Market Street. The Winters purchased this property in 2004 and they represent that they were unaware of the Building encroachment until the recent survey. The Owner has requested City Council to approve these encroachments, to facilitate a future sale of the property and to cure any issues that might affect a purchaser’s ability to obtain title insurance/ clear title. Attached is a copy of the recent survey plat of the property showing the area of East Market Street affected by the Building encroachment (“Encroachment Area”). Discussion: Sections 15.2-2009 and 15.2-2011 of the Virginia Code permit the City Council to authorize encroachments upon public rights-of-way, subject to requirements of those statutory sections and such other terms and conditions as City Council may prescribe. Alignment with City Council’s Vision and Strategic Plan: Approval of the Building encroachment is consistent with Goal 3.1 of the Strategic Plan (Engage in Robust and Context Sensitive Urban Planning and Implementation). Community Engagement: Not applicable. Budgetary Impact: There is no budgetary impact for approval of this agreement. Recommendation: Staff recommends approval of the Ordinance Page 66 of 160 Alternatives: If Council decides not to approve the Ordinance, the owner may encounter future difficulty when trying to sell the property. Attachments (3): • Proposed Ordinance Suggested Motion: “I move the ORDINANCE authorizing encroachment of a building constructed on property identified on City Tax Map 56 as Parcel 117, having an address of 1622 E. Market Street • Physical Survey Plat • Email Request from the Owner Page 67 of 160 ORDINANCE AUTHORIZING ENCROACHMENT OF A BUILDING CONSTRUCTED ON PROPERTY IDENTIFIED ON CITY TAX MAP 56 AS PARCEL 117 HAVING THE ADDRESS OF 1622 EAST MARKET STREET WHEREAS John and Mary Winter, the owners of certain property located at 1622 East Market Street, identified on City Tax Map 56 as Parcel 117 (City Real Estate Parcel Identification No. 560117000) (the “Property”), has requested City Council to authorize an existing encroachment of the building constructed on the Property in 1920 into the public right-of-way of East Market Street (the “Encroachment”); and WHEREAS the City Engineer has reviewed a physical survey plat prepared by Commonwealth Land Surveying, LLC, dated April 14, 2022, titled Physical Survey Lot D J.W. & Ethel H.A. Garrison Subdivision (“Plat”), showing the Encroachment area. Seeing no apparent detrimental effect of City Council agreeing to the Encroachment, the City Engineer has confirmed that he has no objection to the request; and WHEREAS Sections 15.2-2009 and 15.2-2011 of the Code of Virginia (1950), in effect as of the date this Ordinance is approved, permit the City Council to authorize encroachments upon public rights-of-way, subject to the requirement that the Property owner shall not be relieved of negligence on account of the Encroachment(s), and further subject to other terms and conditions as City Council may prescribe; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that the Mayor is hereby authorized to execute a deed or other instrument(s), in a form approved by the City Attorney and suitable for recording among the land records of the City of Charlottesville, to authorize the Encroachment of the Building within the East Market Street right-of-way, subject to the provisions of Sections 15.2-2009 and 15.2-2011 of the Code of Virginia (1950) in effect as of the date this Ordinance is approved. Page 68 of 160 Page 69 of 160 Page 70 of 160 Page 71 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Requested: Approval of Ordinance (1 reading only, no public hearing) Presenter: Lisa Robertson, City Attorney Staff Contacts: Lisa A. Robertson, City Attorney Title: Approval of Encroachment Agreement (301 7th Street S.W.) Background: R & J Enterprises, LLC (“Owner”) owns two buildings and parcels which, together, are referred to as 301 7th Street S.W. within the City. A building has been constructed on one of the lots (i.e., the lot bounded by Delevan Street to the west, and a paper alley to the north); according to the City’s real estate records, this Building was constructed in 1961 (“Building”). A recent survey has revealed portions of the Building encroach into a 12-foot alley that adjoins the lot, and the Building also encroaches into the City-owned public street right-of- way for Delevan Street. Attached is a copy of the recent survey plat (“Plat”) prepared by Roudabush Gale & Associates, Inc., dated 10-18-2021, titled “Physical Survey Tax Map 30 Parcel 24 Lots 1 & 10 City of Charlottesville, Virginia”. At its widest point, approximately 2.4 feet of the public alley right-of-way is affected and 0.5 feet of Delevan Street. The Owner has requested City Council to approve these encroachments, to facilitate a future sale of the property and to cure any issues that might affect a purchaser’s ability to obtain title insurance/ clear title. Discussion: Sections 15.2-2009 and 15.2-2011 of the Virginia Code permit the City Council to authorize encroachments upon public rights-of-way, subject to requirements of those statutory sections and such other terms and conditions as City Council may prescribe. Alignment with City Council’s Vision and Strategic Plan: Approval of the Encroachment Agreement is consistent with Goal 3.1 of the Strategic Plan (Engage in Robust and Context Sensitive Urban Planning and Implementation). Community Engagement: Not applicable. Budgetary Impact: There is no budgetary impact for approval of this agreement. Attachments (3): • Proposed Ordinance Suggested Motion: “I move the ORDINANCE authorizing encroachment of a building constructed on property identified on City Tax Map 30 as Parcel 24, at the corner of Delevan Street and an unnamed 12-foot alley • Survey Plat • Email Request from the Owner Page 72 of 160 ORDINANCE AUTHORIZING ENCROACHMENT OF A BUILDING CONSTRUCTED ON PROPERTY IDENTIFIED ON CITY TAX MAP 30 AS PARCEL 24 AT THE CORNER OF DELEVAN STREET AND AN UNNAMED 12-FOOT ALLEY WHEREAS R&J ENTERPRISES, LLC, the owner of certain property identified on City Tax Map 30 as Parcel 24 (City Real Estate Parcel Identification No. 300024000 ), bounded to the west by Delevan Street and bounded to the north by an alley (together, the “Property”) has requested City Council to authorize an existing encroachment of a building constructed on the Property in 1961 (“Building”) (i) into the public right-of-way of Delevan Street and (ii) into an alley that serves as the northern boundary of the Property, as to which alley ownership has not been determined (each, an “Encroachment”); and WHEREAS the City Engineer has reviewed a physical survey plat prepared by Roudabush Gale & Associates, Inc., dated October 18, 2021, titled “Physical Survey Tax Map 30 Parcel 24 Lots 1 & 10 City of Charlottesville, Virginia” (“Plat”), showing the areas of Encroachment. Seeing no apparent detrimental effect of City Council agreeing to either Encroachment, the City Engineer has confirmed that he has no objection to the request; and WHEREAS Sections 15.2-2009 and 15.2-2011 of the Code of Virginia (1950) in effect as of the date this Ordinance is approved permit the City Council to authorize encroachments upon public rights- of-way, subject to the requirement that the Property owner shall not be relieved of negligence on account of the Encroachment(s), and further subject to other terms and conditions as City Council may prescribe; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that the Mayor is hereby authorized to execute a deed or other instrument(s), in a form approved by the City Attorney and suitable for recording among the land records of the City of Charlottesville, to authorize the Encroachment of the Building within the Delevan Street right-of-way, and—to the extent of the City’s right, title or interest in the adjacent alley, if any—to authorize the Encroachment of the Building within the alley, both authorizations being subject to the provisions of Sections 15.2-2009 and 15.2-2011 of the Code of Virginia (1950) in effect as of the date this Ordinance is approved. Page 73 of 160 Page 74 of 160 Page 75 of 160 Page 76 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Adoption of Resolution (no public hearing required) Presenter: Lisa Robertson, City Attorney Staff Contact: Maxicelia Robinson, Deputy Clerk of Council Title: Re-appointment of Individuals to Planning Commission Seats, to Stagger Terms of Office as required by Va. Code 15.2-2212 Background State law establishes certain parameters to be satisfied by a locality when appointing individuals to serve as Planning Commission (“PC”) members. Within Virginia Code §15.2-2212 the General Assembly specifies that (i) all PC members must be residents of the City, (ii) all must be qualified by knowledge and experience to make decisions on questions of community growth and development; (iii) at least one-half of the membership (i.e., 4 members) must be owners of real property. When the membership of a PC is first appointed, the individuals appointed serve respectively for terms of one year, two years, three years and four years, divided equally or as nearly equally as possible between the membership. Subsequent individuals appointed to those “seats” then serve four-year terms. If done correctly, the terms will remain staggered so that a commission will never have more than one or two terms expire in any given year. Discussion On August 31, 2022 five of seven seats on the Planning Commission will expire. This situation is out of sync with the requirements of Virginia Code §15.2-2212. Staff proposes that City Council take formal action, by resolution, to reconfigure and reconstitute the membership, as if Council were filling each of the seats on the Commission for the first time. This will require three of the five seats to be filled for a short “Interim Term”. Upon the expiration of the Interim Term, each subsequent appointment to that seat (whether an incumbent, or a different individual) will be for Page 77 of 160 a term of four years, which will always expire on August 31, regardless of the date on which an appointee’s term commences. Budgetary Impact: none City Manager Recommendation: The City Manager recommends approval. Attachment(1): Proposed Resolution Suggested motion: “I move the RESOLUTION reconstituting the Charlottesville Planning Commission and appointing or reappointing its members for staggered terms” Page 78 of 160 RESOLUTION Reconstituting the Charlottesville Planning Commission and appointing or reappointing its members for staggered terms WHEREAS Section 15.2-2212 of the Code of Virginia (1950), as amended, (“Va. Code”) requires local planning commissions to be constituted in accordance with certain specifications, including certain categories of membership (including a requirement that at least half of the membership must be owners of real property); and WHEREAS pursuant to City Code §2-237 of the City Code, the Charlottesville Planning Commission consists of seven members; however, the intervals for staggering of the terms of the seven commissioners no longer comply with statutory requirements, which specify terms staggered at one-year intervals, divided equally or as nearly equal as possible between the membership; WHEREAS pursuant to the Three-Party Agreement executed among the City, the University of Virginia (UVA), and Albemarle County in 1986, the City agreed to include a representative of UVA as a non-voting member of the planning commission; now, therefore BE IT RESOLVED by the Council of the City of Charlottesville that the Charlottesville Planning Commission is hereby reconstituted and its membership re-appointed, and three individuals are hereby appointed to “Interim Terms” to allow for the terms of the planning commission members to be staggered in the manner required by Virginia Code §15.2-2212, as follows: Planning Appointee Term Ending Date Next Commissioner Appointed to this Commission Seat Seat Would Serve a Term Ending on: Seat 1 TBD August 31, 2023 (1- August 31, 2027 year Interim Term) Seat 2 Liz Russell (Property Owner) -reappointed August 31, 2024 August 31, 2028 to the term in which she is currently serving Seat 3 Lyle Solla-Yates (Property Owner) – August 31, 2024 August 31, 2028 reappointed to the term in which he is currently serving Property Owner Seat 4 TBD August 31, 2025 (3- August 31, 2029 year Interim Term) Seat 5 TBD August 31, 2025 (3- August 31, 2029 year Interim Term) Seat 6 TBD August 31, 2026 August 31, 2030 Seat 7 TBD August 31, 2026 August 31, 2030 Seat 8 UVA designee serves per 1986 3-party N/A N/A agreement with UVA, City and County (UVA Ex Officio) Page 79 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Approval of Refund of Business License Tax Payments Presenter: Todd Divers, Commissioner of the Revenue Staff Contacts: Todd Divers, Commissioner of the Revenue Lisa Robertson, City Attorney Jason Vandever, City Treasurer Title: Refund of Business License Taxes Background The Supreme Court of Virginia recently determined that the City’s Business License Ordinance Classification of “any other repair, personal or business service not specifically included in any other subclassification under this section” does not apply to a particular activity engaged in by a specific business entity conducting business in the City. Further, the Supreme Court ruled that the City’s Business License Ordinance does not contain a suitable alternative license category for that specific business activity. Therefore, the Court ruled that the City had erroneously assessed and collected license tax from this business. The City is therefore required to refund this entity for taxes paid in error for tax years 2015 through 2018. The amount of the refund totals $3,304.21, including interest. In addition to the refund for the above-referenced entity, we expect that a number of other entities engaged in the same business activity will come forward requesting refunds. The Commissioner of the Revenue has tried to identify any other similarly licensed entities engaged in the same activity in anticipation of refund requests from those entities. He has identified roughly twenty-five businesses that may be engaged in a similar business activity. Since the license classification in question is a catch-all provision, it is sometimes difficult to tell with precision the exact nature of a business’s activities. Further inquiries would be made upon any application for correction to determine whether the Court’s ruling applies to the entity in question. The Commissioner anticipates refund requests from all affected business entities totaling less than $50,000, including interest. Some refunds will be greater than $2,500. The City is required to refund business license taxes paid in error with interest per Code of Virginia 58.1-3703.1 (A) (2) (e). In addition, Code of Virginia 58.1-3703.1(A)(2)(e) states: “Interest shall be paid on the refund of any BPOL tax from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason. Interest on any refund shall be paid at the same rate charged under 58.1-3916.” Page 80 of 160 Discussion City Code requires Council approval for any tax refunds resulting from an erroneous assessment in excess of $2,500 (City Code Sec. 30-6b). Payment of interest at the same rate charged by the City is also required in accordance with Section 14-12(g) of the Charlottesville City Code and §58.1-3703.1(A)(2)(e) of the Code of Virginia. Per City Code Sec. 30-6(b), the Commissioner of the Revenue has provided to the City Attorney information necessary to enable her to consent to the determination of the Commissioner of the Revenue that the taxes paid by certain entities subject to the Court’s ruling were erroneous and should therefore be refunded. He has also provided her with information about the above- mentioned entities who may subsequently come forward requesting a refund, and whose eligibility for such refund will be made on a case by case basis. The total for all refunds, including interest, is expected to be less than $50,000. Should more qualifying entities come forward such that the total refunded amount exceeds, $50,000, a separate request will be made for Council approval. Alignment with City Council’s Vision and Strategic Plan n/a Budgetary Impact The total of all refunds will reduce current year Business License Tax revenue (GL 410150) by no more than $50,000. Alternatives None. Recommendation Approve refund of $3,304.21 for the entity that was the subject of litigation, and approve further refunds determined by the Commissioner of Revenue to be required by Virginia Code totaling no more than $46,695.79 (for a total of $50,000) for similar entities that are determined to be eligible on a case by case basis by the Commissioner of Revenue, acting pursuant to Virginia Code §58.1-3980, with the concurrence of the City Attorney that such entities are engaged in the same activity as the business who prevailed in the Supreme Court case. Suggested Motion: “I move the RESOLUTION establishing a pool of funds in the amount of $50,000, to be used for payment of refunds to licensed City businesses engaged in the same business activity as that considered by the Virginia Supreme Court on June 9, 2022 in Record Number 210414.” Attachment (1)  Proposed Resolution Page 81 of 160 RESOLUTION Establishing a pool of funds in the amount of $50,000, to be used for payment of refunds to licensed City businesses engaged in the same business activity as that considered by the Virginia Supreme Court on June 9, 2022 in Record Number 210414 WHEREAS, the Supreme Court of Virginia has determined that City’s Business License Ordinance Classification of “any other repair, personal or business service not specifically included in any other subclassification under this section” does not apply to a specific business activity engaged in by one particular business entity located within the City; and WHEREAS, the Supreme Court of Virginia determined that the City’s current Business License Ordinance does not contain a suitable alternative license category for the specific business activity in question; and WHEREAS, on the basis of the Supreme Court’s ruling, the Commissioner of the Revenue has determined that a specific business entity conducting business in Charlottesville paid 2015, 2016, 2017, and 2018 Business License Tax to the City of Charlottesville in error, and that the Commissioner is required to correct the assessment pursuant to Virginia Code §58.1-3980; and WHEREAS, the business entity that prevailed in the Court proceedings has requested a refund of the amount paid in error; and WHEREAS, the Commissioner of the Revenue has certified that a refund of taxes paid is due to that entity in the amount of $3,304.21; and WHEREAS, other similar entities may come forward requesting refunds on the basis of the Court’s ruling, some of which will exceed $2,500; and WHEREAS, City Code Section 30-6(b) requires City Council approval for any tax refund exceeding $2,500.00; now, therefore, BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the City Council hereby authorizes the City Treasurer to issue a refund of $3,304.21 to the entity that was the subject of the Supreme Court decision rendered June 9, 2022 (Record Number 210414); and BE IT FURTHER RESOLVED that City Council hereby approves refunds to be issued to other business entities located in the City, who are determined by the Commissioner of Revenue, with the concurrence of the City Attorney to be, or to have been, engaged in the same business activity as that considered by the Supreme Court in Record Number 210414, without presenting each such matter to City Council, so long as, collectively, the additional refunds do not exceed $46,695.79. When approved in this manner, the Treasurer shall be authorized to issue any additional refund(s) corrected by the Commissioner of Revenue, with the concurrence of the City Attorney, contemplated by this Resolution. Page 82 of 160 City of Charlottesville City Manager’s Office MEMO TO: Council FROM: Michael C. Rogers, Interim City Manager DATE: June 21, 2022 SUBJECT: Financial Report – FY 2022 through May 31, 2022 The online Budget Explorer which can be found at on the Budget Office webpage at www.charlottesville.gov/budget has been revised and includes a quarterly report tab for both revenues and expenditures. These quarterly tabs are automatically updated at the end of each quarter and are available for public viewing. For this report in particular, the 4th quarter visualization contains financial information through May 31, 2022. Final 4th quarter data will be provided once the year is officially closed and the audit is completed. This usually happens in late November or early December. Both a citywide view as well as the ability to drill down to the individual department level is available. The information presented in the visualization comes directly from the City’s financial system and represents dollars that have been received and/or paid out as of the chosen date. This memo serves as a supplement to those reports to provide updates and any other relevant narrative that pertains to the City’s finances. Revenue Budget Projections As of May 31, 2022, approximately 84% of the budgeted revenue has been collected. We remain on track to collect more than the Adopted Revenue budget of $192,212,843. Real Estate and Personal Property tax payments for the first half of 2022 were due on June 6th and are not reflected in the totals below. The revenue team continues to monitor and revise many of the large tax revenues. The following revenue budget revisions are projected: 1 Page 83 of 160 FY 2022 FY 2022 Local Taxes Budget Revised Change Real Estate Tax (using current rate of $0.95/$100) $ 80,277,442 $ 84,314,057 $ 4,036,615 Personal Property Tax (using current rate of $4.20/$100) 9,741,000 11,700,000 1,959,000 Public Service Tax 1,542,930 1,589,086 46,156 Utility Taxes 4,500,000 4,590,000 90,000 Virginia Communications Sales and Use Tax 2,400,000 2,270,000 (130,000) Tax on Bank Stock 1,200,000 1,157,411 (42,589) Tax on Wills & Deeds 725,000 1,000,000 275,000 Sales & Use Tax 12,000,000 14,200,000 2,200,000 Transient Room Tax 5,000,000 7,200,000 2,200,000 Meals Tax 10,700,000 13,100,000 2,400,000 Cigarette Tax 550,000 400,000 (150,000) Licenses and Permits Business & Professional Licenses $ 7,000,000 $ 8,700,000 1,700,000 Charges for Services Recreation Income $ 1,665,859 $ 1,000,000 (665,859) Designated Revenues Meals Tax Designated for the Debt Service Fund $ 2,140,000 $ 2,600,000 $ 460,000 Total Revenue Budget Surplus $ 14,378,323 Expenditure Budget Projections Due to their cyclical nature, expenditure projections are not quite as straightforward as revenue to project. Many factors make projecting expenditures a little more difficult to project than revenues. Many of the City operations are seasonal and the interfund transfers are large amounts that get posted all at once. As of May 31, 2022, we are approximately 92% of the way through the fiscal year and the City’s financials indicate that 85.61% of the budget has been spent. This is a good indicator that expenses are tracking well with the budget. Early indications are that there is likely to also be some budget savings in expenditures as well. Please note all the information presented in this memo and the visualization is collected as of a specific point in time. All amounts are subject to change until the audit is complete and the books are officially closed. At that time, a final report will be presented to Council by the City’s Finance Director and the actual surplus will be quantified at that time. 2 Page 84 of 160 Other Financial Matters As part of the FY 23 budget development process, the Charlottesville City School Board committed some of its federal ARP and CSLFRF (Coronavirus State and Local Recovery Funds) grant funds to help reduce City dollars for school CIP projects. $808k in HVAC projects were identified as eligible to be covered by the CSLFRF grant funds. City and School staff have been working together to document those projects and to transfer the funding. To date, CCS has reimbursed the City CIP $163k using CSLFRF HVAC grant funds. 3 Page 85 of 160 City of Charlottesville Treasurer’s Office Cash & Investment Report April 30, 2022 • The Investment Policy has been established by the Treasurer of the City of Charlottesville to ensure effective management of the day-to-day investment activity for the City, and is designed to increase non-tax revenues by investing funds when not needed for current obligations. • The Treasurer of the City of Charlottesville is an elected office (“Constitutional Officer”) charged with receiving, collecting, safeguarding and disbursing city funds with general custody of city funds from all sources. The general custody of all funds requires the investment of those funds within the confines of the Code of Virginia and a comprehensive Investment Policy developed and maintained by the Treasurer. • All funds are managed to accomplish the fundamental goals of safety, liquidity, and yield. Monthly Cash Balance by Investment Type $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 Managed Investements Investment Pools Sweep Accounts Cash & Money Market End-of-Quarter Balance by Investment Category Quarter Quarter Quarter Month Ending Ending Ending Ending Category 9/30/2021 12/31/2021 3/31/2022 4/30/2022 Cash & Money Market $17,918,751 $38,218,626 $41,892,496 $35,522,724 Sweep Accounts $31,489,651 $31,515,982 $31,536,440 $31,553,480 Investment Pools $7,685,349 $1,685,629 $1,686,411 $1,686,949 Managed Investments $36,483,906 $36,483,906 $37,020,645 $36,810,896 Total Amount Invested $93,577,658 $107,904,143 $112,135,992 $105,574,049 Page 86 of 160 Quarterly Investment Earnings by Investment Category Quarter Quarter Quarter Quarter-to- Ending Ending Ending Date Category 9/30/2021 12/31/2021 3/31/2022 4/30/2022 Cash & Money Market $84,478 $62,060 $141,707 $42,474 Sweep Accounts $27,644 $27,712 $27,136 $9,052 Investment Pools $2,179 $393 $669 $538 Managed Investments $96,735 $76,029 $103,257 $8,129 Total Amount Invested $211,036 $166,193 $272,768 $60,194 Managed Investments - Portfolio Composition Certificate of Deposits 2.1% Commercial Paper U.S. Treasuries 9.8% 71.8% Corporate Notes 5.9% Federal Agencies 10.4% Managed Investments - Maturity Distribution 30% 24.9% 25% 22.0% 20% 16.7% 14.6% 15.3% 15% 10% 6.5% 5% 0.0% 0% 0 - 6 Months6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years Page 87 of 160 Permitted Investments and Diversification Permitted Investments Sector Limit Issuer Limit Duration Limit U.S. Treasury Obligations 100% 100% 5 Years Federal Agency Obligations 100% 100% 5 Years Municipal Obligations 10% 3% 5 Years Commercial Paper 20% 3% 270 days Bankers' Acceptances 10% 3% 180 days Corporate Notes 20% 3% 5 Years Negotiable Certificates of Deposit and 20% 3% 5 Years Bank Deposit Notes Money Market Mutual Funds 100% 50% Liquid LGIP 50% 50% Liquid Repurchase Agreements 35% 35% Liquid Page 88 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Vacation of Platted Alley (Ordinance, One Reading, Public Hearing is required) Presenter: Lisa Robertson Staff Contacts: N/A Title: Vacation of Platted Street ROW (Oak Street ROW, Adjacent to 321 6th Street, S.W.) Background: The City has received a request from Portia Boggs and Vignesh Kuppusamy, the owners of a lot located at 321 6th Street, S.W., asking the City to convey to them a strip of property adjacent to their lot. (For a map, see p. 3 of this document) Property: the strip of property in question was platted (circa 1888) as a 20-foot right-of-way identified as “Oak Street” (“Subject Property”). The subdivision plat which created the right-of- way was recorded in the land records of Albemarle County at Deed Book 90 Page 52. (This area is part of an area that was annexed by the City in the distant past). Previous 2010 Council Vacation: previously, in March 2010, City Council closed a seventy- seven (77) foot section of the old platted street, beginning at 6-1/2 Street S.W. and continuing up to the eastern property line of the lots currently identified as 316 and 322 6-1/2 Street S.W. In 2010 City Council did not require the landowners who requested vacation of the plat to pay for the extra square footage of land that was acquired. The 2010 Ordinance states that there were no utility “easements” within the portion of Oak Street that was previously vacated. Per Virginia Code §15.2-2274, if this remaining portion of Oak Street is vacated by City Council, fee simple title to the centerline of the platted street will vest in the two adjacent landowners (i.e., Boggs/ Kuppusamy, who are requesting this, and their neighbors at 313 6th St., S.W.). Discussion: Virginia Code §15.2-2272 authorizes City Council to vacate property lines shown within a recorded subdivision plat, upon the application of any interested person. The request submitted by Boggs/ Kuppusamy has been reviewed by the following departments, and their comments/ recommendations for conditions or reservations of rights are listed below: 1) Director of Utilities (Lauren Hildebrand) - Based on the Department of Utilities’ records, a portion of the household sewer lateral for 313 6th Street S. W appears to be Page 89 of 160 located in the ROW. Any ordinance vacating the area would need to reserve a utility easement 2) Director of Public Works (Stacey Smalls) – no comments or recommendations. 3) Director of Neighborhood Development Services (James Freas)- no comments or recommendations 4) Office of Community Solutions (Alex Ikefuna) - no concerns; recommends that they utility easement be reserved per Utility Director’s notes 5) 6) Director of Economic Development (Chris Engel) – no comments or recommendations 7) Director of Parks and Recreation (Dana Kasler) – no comments or recommendations Budgetary Impact: none identified by any department director Community Engagement: a public hearing is required, per Va. Code §15.2-2272(2) Alignment with Council Vision Areas and Strategic Plan: not indicated by any department director Staff Recommendation – the City Attorney’s Office agrees with the Director of Utilities that reservation of an easement for existing utilities is essential, and recommends that any vacation be subject to the requirement that the owners of 313 and 321 all execute a written deed of easement conveying a standard utility easement to the City. Suggested motion: Attachment: • Proposed Ordinance • GIS Map Reference Page 90 of 160 ORDINANCE CLOSING, VACATING AND DISCONTINUING THAT PORTION OF OAK STREET, AN UNACCEPTED RIGHT OF WAY, BETWEEN 6TH STREET AND 6-1/2 STREET, S.W., ADJACENT TO PARCELS 98 AND 184 ON CITY REAL ESTATE TAX MAP 29 WHEREAS Portia Boggs and Vignesh Kuppusamy, the owners of the property at 321 6th Street, S.W., have petitioned the City to close a portion of Oak Street, an unaccepted right-of-way running from 6th Street, S.W. in a westerly direction to the property line(s) for 316 and 322 6-1/2 Street, S.E., adjoining Parcels 98 and 184 on City Tax Map 29 (“Subject Street”); and WHERAS the portion of Oak Street that is the subject of this petition was created circa 1888, by a subdivision plat recorded in the Albemarle County land records at Deed Book 90 Page 52, and subsequently annexed into the City of Charlottesville; however, there is no known record of the City Council ever having formally accepted the area within the 20-foot Oak Street platted right-of-way; and WHEREAS, by ordinance adopted March 15, 2010, this City Council previously vacated a different segment of the platted Oak Street right-of-way adjoining Parcels 97 and 185 on City Real Estate Tax Map 29 (316 and 322 6-1/2 Street, S.W., respectively); and WHEREAS the owners of property adjoining the Subject Street (e.g., 313 and 321 6th Street, S.W.) have been notified of this petition, and notice has been given to the public pursuant to Virginia Code Sections 15.2-2204 and 15.2-2272, and a public hearing by the City Council was held on June 21, 2010; and WHEREAS after due consideration of the petition this Council finds and determines that the petitioners’ request should be granted; now, therefore BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Subject Street is hereby closed, vacated and abandoned, subject to the City’s reservation of a utility easement and the execution of a permanent utility easement in favor of the City centered upon any utility line existing within the area of the Subject Street, said area being more particularly described as follows: A twenty (20) foot platted street, designated as Oak Street, running from 6th Street, S.W. for the entire length of the adjoining lots identified on 2022 City Real Estate Tax Map 29 Parcels 98 and 184 (313 and 321 6th Street, S.W., respectively). BE IT FURTHER ORDAINED that the execution of a deed of easement for a permanent utility easement in favor of the City of Charlottesville, centered on the existing utility line(s) located within the Subject Street area, is hereby made an express condition precedent to the closing, vacation and abandonment of the area within the Subject Street; and BE IT FURTHER ORDAINED that this Ordinance shall take effect on the date as of which both of the following conditions have been satisfied (“Effective Date”) : (i) all of the owners of property at 313 and 331 6th Street, S.W. have fully executed and delivered to the City Attorney a deed of easement satisfactory to the City Attorney and the Director of Utilities, conveying to the City a permanent utility easement for all utility lines currently in place within the Subject Street, and (ii) 60 days have expired from the date of City Council’s vote to approve this Ordinance, and no appeal from City Council’s enactment of this ordinance is filed of record within the Charlotteville Circuit Court. The City Attorney and City Manager are authorized to take all actions necessary to carry out the actions authorized by this Ordinance, and, on or after the Effective Date to record an attested copy of this Ordinance within the Street Closing Book within the land records of the Charlottesville Circuit Court, and to record the original deeds of easement, within 9said land records. Page 91 of 160 Page 92 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Sale of City Owned ROW (Ordinance, Public Hearing Required, One Reading) Presenter: Lisa Robertson City Manager Sam Sanders Office Contact: Title: Conveyance of City Owned Land (819 East Jefferson Street) Background: The City of Charlottesville owns an unimproved parcel of land (Real Estate Parcel Identification No. 530189000), which has been assigned an address of 819 East Jefferson Street. The parcel has an area of approximately 0.0100 acre (approx. 435.6 square feet). According to the online City Assessor’s records, the land has an assessed value (2022) of $37,100.00. The City acquired the Property in 1960, by instrument recorded in Deed Book 223 Page 118 of the Circuit Court land records. According to the online assessment records, the property was acquired for a price of $12,300.00. (For Council’s reference: the City also owns 0.02 acre, having an address of 816 E. High (Real Estate Parcel Id. No. 530190000). The City’s ownership Page 93 of 160 of these parcels gives the City control of the entire block face along 9th St. N.E., between E. Jefferson and E. High Streets. The land situated at 816 E. High was also acquired by the City in 1960, for $18,000.00, and has a current assessed value (2022) of $37,100). Discussion: The City has received a request from R. Thomas Gierin, III, the owner of the lot adjacent to 819 East Jefferson (i.e., 815 East Jefferson Street) asking the City to convey the City Property to them for incorporation into 815 East Jefferson. Mr. Gierin does not propose to purchase the Property, stating that the Property has low development potential and that his assumption of the “perpetual maintenance costs” constitute sufficient consideration. (Pursuant to to Virginia Code §15.2-953 the city may only donate property to certain charitable institutions or associations, under certain circumstances; therefore, in order to approve this requested conveyance, City Council should articulate some mutual consideration that it deems of value to the City. Staff also notes that City Council has a long-standing budget policy (Resolution approved 11/3/1986) stating that proceeds of the sale of City land will be applied to augment the “Capital Projects Fund” so if non-monetary consideration is considered by Council, Council will be foregoing additional funding for the Capital Fund). In accordance with the City-Council approved policy regarding review of requests for purchases of City-owned land, the request to purchase this land has been reviewed by the following departments, and their comments/ recommendations for conditions or reservations of rights are listed below: 1) Director of Utilities (Lauren Hildebrand) - The Department of Utilities has no comments or recommendations regarding this request; no easement(s) requested. 2) Director of Public Works (Stacey Smalls) – no comments or recommendations; no easement(s) requested. 3) Director of Neighborhood Development Services (James Freas) - no comments or recommendations on the requested land purchase. 4) Office of Community Solutions (Alex Ikefuna) – no comments, but recommends consideration of retaining any easements which might be necessary. 5) Director of Economic Development (Chris Engel) – no comments or concerns 6) Director of Parks and Recreation (Dana Kasler) – no comments or recommendations Budgetary Impact: none. Community Engagement: a public hearing is required, per Va. Code §15.2-1800(B) Alignment with Council Vision Areas and Strategic Plan: undetermined. Staff Recommendation: No City official has expressed any recommendation for Council’s consideration. Attachment: • Proposed Ordinance Possible motion: “I move the Ordinance approving conveyance of a City-owned parcel of land located at 819 East Jefferson Street to R. Thomas Gierin, III. Page 94 of 160 AN ORDINANCE APPROVING THE CONVEYANCE OF A CITY-OWNED PARCEL OF LAND LOCATED AT 819 EAST JEFFERSON STREET TO R. THOMAS GIERIN, III WHEREAS R. Thomas Gierin, III has submitted a request to the City of Charlottesville (“City”), asking the City to convey to him a parcel of land having a current address of 819 East Jefferson Street and identified by City Real Estate Parcel Identification No. 530189000 (“Land”); WHEREAS pursuant to the provisions of Virginia Code §15.2-1800(B) the City may dispose of its real property following a public hearing, and a public hearing was held by City Council on June 21, 2022; and, WHEREAS pursuant to the provisions of Virginia Code §15.2-2100(A) no rights of a City in and to its public places shall be sold, except by an ordinance passed by an affirmative recorded vote of three-fourths of all of the members elected to the Council; and WHEREAS after consideration of this proposed conveyance of land, this Council finds and determines that upon mutual consideration, the value to the City being relief from any obligation to maintain the land, the request should be granted; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that a conveyance of a parcel of land having a current address of 819 East Jefferson Street, identified by City Real Estate Parcel Identification No. 530189000 (“Land”) to R. Thomas Gierin, III (“Grantee”) is hereby approved, upon the following conditions: (i) the Grantee shall take the Land in an “AS IS, WHERE IS, AND WITH ALL FAULTS” condition as of the Effective Date of the conveyance; (ii) conveyance shall be by quitclaim deed prepared by the City Attorney, and the City has not, does not and will not, with respect to the Land, make any representations, express or implied, or arising by operation of law, including, but in no way limited to, any warranty of condition or merchantability, or with respect to the value, profitability or operating potential of the Land, and (iii) the Grantee shall pay all state and local recordation fees and taxes applicable to recordation of the quitclaim deed, based on a land value of $37,100.00, (iv) the Grantee shall be responsible for all IRS reports or filings associated with the conveyance, (v) if Grantee desires a survey plat, or title insurance, all costs associated with obtaining said plat or title insurance shall be borne by the Grantee, and (vi) no costs shall be incurred by the City, of any kind or nature whatsoever, other than any associated with the City Attorney’s preparation of the quitclaim deed. Page 95 of 160 Page 96 of 160 Page 97 of 160 Page 98 of 160 Page 99 of 160 Page 100 of 160 Page 101 of 160 Page 102 of 160 Page 103 of 160 Page 104 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Approval of Resolution (1 reading only, no public hearing) Presenter: Chris Engel, Director of Economic Development Staff Contacts: Chris Engel, Director of Economic Development Michael C. Rogers, City Manager Lisa Robertson, City Attorney Title: Acquisition of 921 East Jefferson Street Background: Earlier this year the City became aware of a possible opportunity to acquire the property located at 921 East Jefferson Street (“Property”). The Property is currently used as a parking lot. This level site consists of 0.40 acres of land and is served by public utilities. The site is currently improved with a 39-space asphalt parking lot. City records indicate that a two-story framed dwelling built in the late 1890s occupied the property until 1960. It was then vacant until 1985 when it was improved to its current use as a parking lot. There were no findings or conclusions that would preclude the acquisition of the property and the continuation of the present uses, and the possible future redevelopment of the site. City staff believes that the purchase of this parcel is prudent as it helps address current and future parking capacity issues. The City plans to add these spaces to the City’s to public parking program. Justifications for the acquisition include the following: (a) The City has a commitment to the County to provide parking spaces as part of the 2018 courts agreement, which contemplated building a new parking structure on Market Street. With the 2021 decision not to build the structure, options to accommodate this agreement are limited and pressure on existing parking capacity increases. (b) The parcel is strategically located within ¼ mile (5-minute walk) of City Hall. The City owns 14 properties valued at over $100 million within that same radius; (c) The parcel is near several key demand generators including Court Square, Ting Pavilion, the City Hall complex, and a number of growing businesses; (d) Public parking supply has been reduced by at least 94 spaces in the vicinity of City Hall in recent years that have not been replaced; (e) Historically, City property has appreciated in value on average over the last 10 years at a rate of 5% annually. The City can reasonably expect to recapture this investment in a future sale should circumstances change. Page 105 of 160 City staff proposes to use funds originally allocated for the construction of the 7th Street Parking Deck to acquire the property and put it to immediate use in the public parking program. Discussion: Negotiations with the owners of the property have resulted in the terms set forth within the attached Resolution. • Purchase Price: the proposed purchase price for the property is $1,650,000; • Closing Date: closing would be scheduled to take place within 30 days of City Council’s approval, within 5 days of executing a purchase agreement, the City will pay a deposit in the amount of $25,000, to be held in escrow and which will be applied to the Purchase Price at Closing. • Clear title: at Closing, the City would receive insurable title to the Property, by special warranty deed. The Property will be acquired by the City in as-is condition. • Existing Leases: the City would agree to allow tenants currently occupying the Property pursuant to four unrecorded leases to remain on the Property through November 1, 2022, Seller will prepare an assignment of its interests in the leases to the City. • Seller Costs: Seller will pay its own attorneys fees, including preparation of the deed, preparation of a lien affidavit, costs associated with releasing deeds of trust or other existing liens, if any, and recordation taxes applicable to grantors, and other Closing documentation • City Costs: City is responsible for costs of title examination and title insurance, and all recording costs and recordation taxes other than the grantor’s tax., and other Closing documentation necessary to complete the City’s purchase • Taxes: Seller must pay all real estate taxes due on the Property, through the date of Closing. The City's obligation to purchase the property is conditioned on approval by City Council. A proposed Resolution evidencing that approval is attached for City Council's consideration. Upon approval of the attached Resolution, the City Attorney and the Seller’s Attorney will prepare a final written Real Estate Purchase and Sale Agreement, reflecting the terms of purchase approved within the Resolution. Community Engagement: There has been no community engagement regarding the purchase of this Property, but City staff anticipates that there will be significant public involvement in the future should the City decide to redevelop the property or to sell the site for development. Budgetary Impact: There is no impact to the General Fund budget. The Capital Improvement Fund account designated for the 7th Street Parking Deck will be reduced by $1,650,000 as a result of the purchase. Recommendation: City staff recommends adoption of the proposed Resolution, authorizing the purchase of the property at 921 East Jefferson Street upon terms stated in the resolution. Attachment(1): • Proposed Resolution Suggested Motion: “I move the RESOLUTION approving terms for the acquisition of Property at 921 East Jefferson Street by the City of Charlottesville” Page 106 of 160 RESOLUTION Approving terms for the acquisition of property at 921 East Jefferson Street by the City of Charlottesville WHEREAS GEWINN INVESTORS III, L.C. (“Owner”) owns certain property known by present street numbering as 921 East Jefferson Street, Charlottesville, Virginia, designated on City of Charlottesville Real Estate Tax Map 53 as Parcel 266 (City Real Estate Tax Parcel Identification Number 530266000), and the owner has offered the property for sale; and WHEREAS the City of Charlottesville (“City”) is an interested purchaser of the property to be conveyed (the “Property”); and WHEREAS Owner and the City have engaged in mutual discussions and have tentatively agreed to terms of a proposed agreement for the purchase and sale of the Property, including, among other terms, a purchase price of $1,650,000, conditioned upon approval of said terms by the Charlottesville City Council; and WHEREAS funds are available for the City’s purchase of the Property, within Capital Improvement Fund Account P-1008; now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia THAT 1. The purchase and acquisition of the property known by present street numbering as 921 East Jefferson Street, Charlottesville, Virginia, designated on City of Charlottesville Real Estate Tax Map 53 as Parcel 266 (City Real Estate Tax Parcel Identification Number 530266000) (“Property”) is hereby APPROVED upon the following terms: a. Purchase Price: the proposed purchase price for the property is $1,650,000; b. Closing Date: closing would be scheduled to take place within 30 days of City Council’s approval, within 5 days of executing a purchase agreement, the City will pay a deposit in the amount of $25,000, to be held in escrow and which will be applied to the Purchase Price at Closing. c. Clear title: at Closing, the City would receive insurable title to the Property, by special warranty deed. The Property will be acquired by the City in as-is condition. d. Existing Leases: the City would agree to allow tenants currently occupying the Property pursuant to four unrecorded leases to remain on the Property through November 1, 2022, Seller will prepare an assignment of its interests in the leases to the City. e. Seller Costs: Seller will pay its own attorneys fees, including preparation of the deed, preparation of a lien affidavit, costs associated with releasing deeds of trust or other existing liens, if any, and recordation taxes applicable to grantors, and other Closing documentation f. City Costs: City is responsible for costs of title examination and title insurance, and all recording costs and recordation taxes other than the grantor’s tax., and other Closing documentation necessary to complete the City’s purchase g. Taxes: Seller must pay all real estate taxes due on the Property, through the date of Closing. Page 107 of 160 h. Other terms: such other or further administrative, procedural or contractual provisions as deemed necessary by the City Attorney in order to effectuate a binding agreement for the purchase and sale of the Property upon the terms set forth in 1.a. through 1.g., preceding above. 2. Upon the approval of the City Attorney as to the form of a written Real Estate Purchase and Sale Agreement upon the terms stated in Section 1, above, the City Manager is hereby authorized to execute said agreement, and the City Attorney and City Manager are hereby authorized to execute any other necessary documents, in form approved by the City Attorney, as may be necessary to consummate the purchase of 921 East Jefferson Street by the City of Charlottesville upon the terms herein stated and to complete the settlement and closing of the purchase/sale transaction and the recordation of a deed conveying insurable title to the City of Charlottesville. Page 108 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Adoption of Resolution (no public hearing required) Presenter: City Manager Michael Rogers, or Deputy City Manager Ashley Marshall Staff Contact: Lisa Robertson, City Attorney Title: Acceptance of August 12 Memorial Background: The City has been contacted by an artist who wishes to provide the City with a memorial entitled “The Story of Us: Reclaiming the Narrative of #Charlottesville through Portraits of Community Resilience.” The memorial will feature Charlottesville residents telling their stories about events and their lives in Charlottesville before, during and after August 11-12, 2017. These personal narratives will illustrate what we know to be true about Charlottesville. It is a city with a complex history and many flaws, but it is also a place of resilience, of unity, of art, and of joy. National media outlets have portrayed our community in negative ways and overlooked all of the ways we’ve moved toward a better understanding of one another and our city’s history. This project allows our community to share their personal stories that are unseen and untold, giving voice and opportunities to share stories beyond the media’s narrative. The memorial will consist of approximately 12-16 printed photographs on vinyl, attached to and displayed within the trees along the Downtown Mall. No images of violence will be used. Discussion: The trees along the Downtown Mall are a special resource over which the City desires to retain control. In general, private individuals and organizations are not allowed to use the Mall trees as a place to post flyers, or otherwise as a means of communication. Only two prior instances of exhibits within the trees have previously taken place; both of those instances involved festivals put on by an organization with strong community ties. Various members of the public have been inquiring as to whether City Council is planning any memorial of the events of August 11-12, 2017. The memorial that is being offered for City Council’s consideration via this Agenda item relates directly to that dark moment in the City’s history and is designed to reflect on the now-historical events in a way that focuses on and emphasizes community resilience and unity—key aspects of the City Council’s Vision Statement. Alignment with Council Vision Areas and Strategic Plan: The memorial being offered to the City directly aligns with and will effectively communicate City Council’s vision (i) of a Community of Mutual Respect, committed to racial and cultural diversity, inclusion, racial reconciliation, economic justice, and equity, and (ii) to cherish and build programming around the Page 109 of 160 evolving research and interpretation of the City’s historic heritage and resources. Budgetary Impact: none. Community Engagement: none is required in advance of this approval. City Manager Recommendation: approval. Suggested motion: “I move the RESOLUTION accepting a donated memorial titled “The Story of Us: Reclaiming the Narrative of #Charlottesville through Portraits of Community Resilience” and establishing criteria governing use of the Downtown Mall trees” Attachments: (1) Proposed Resolution (2) Sample/ representative photographs Page 110 of 160 RESOLUTION Accepting a Donated Memorial Titled “The Story of Us: Reclaiming the Narrative of #Charlottesville through Portraits of Community Resilience” and establishing criteria governing use of the Downtown Mall trees WHEREAS this City Council has been contacted by an artist who is inspired to create an interactive photographic display of scenes from August 11-12, 2017, which the artist is willing to donate to the City as a memorial (“Memorial”); WHEREAS the components of the Memorial would be attached to various trees along the Downtown Mall, accompanied by “QR Codes” that will allow the public to listen to audio recordings of individual stories about moments captured within the photographs, and WHEREAS City Council finds and determines that the Downtown Mall trees are a natural resource that generally should not be utilized as a location for posting of signs or exhibits; however, City Council may occasionally, by resolution, authorize the trees to be used for artwork or memorial/ commemorative displays selected by the City Council; WHEREAS City Council has carefully considered a collection of sample/representative photographs provided by the artist offering the Memorial, and Council hereby finds and determines that the photographs (which do not depict violence) portray individuals and circumstances directly related to the City’s history, are consistent with the esthetics, history and culture of the Downtown Mall, and effectively communicate and promote City Council’s Vision of a community of mutual respect, committed to racial and cultural diversity, inclusion, racial reconciliation, economic justice, and equity; now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the privately financed and donated Memorial is hereby accepted for public display within the trees on the Downtown Mall, with setup commencing on or after August 1, 2022. A volunteer member of the City Council, together with the City’s Deputy City Manager for Diversity, Equity and Inclusion, shall work with the artist as Council’s representatives, to monitor the development of the final components of the Memorial, and, in the event that the developed components of the Memorial deviate from the character of the content presented to City Council by the artist’s representative sample photographs and descriptive materials, then the representatives shall notify City Council and Council hereby reserves the right to withdraw the acceptance set forth within this Resolution if the Memorial will not satisfy the criteria set forth within this Resolution; and BE IT FURTHER RESOLVED that henceforth, City Council may occasionally, by resolution, authorize the Downtown Mall trees to be used for artwork or memorial/ commemorative displays selected by the City Council, when such artwork or display: (i) communicates or promotes one or more aspects of the City Council’s Vision Statement; (ii) is appropriate for the Downtown Mall, or a portion thereof, based on esthetics, history and culture, and will not harm the trees, and (iii)is either: (A) directly related to the City’s history, or (B) donated by an individual or organization with longstanding community ties. Page 111 of 160 SAMPLE/ REPRESENTATIVE PHOTOGRAPHS Page 112 of 160 Page 113 of 160 Page 114 of 160 Page 115 of 160 Page 116 of 160 Page 117 of 160 Page 118 of 160 Page 119 of 160 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 21, 2022 Action Required: Thomas Jefferson Planning District Commission (TJPDC) Hazard Mitigation Plan Update Presentation – Information Only, No Action Required Presenter: Ian Baxter, Thomas Jefferson Planning District Commission Staff Contacts: Emily Pelliccia, Deputy Chief; Charlottesville Fire Department Jeremy Evans, Captain; Charlottesville Fire Department Title: Charlottesville Natural Hazard Mitigation Presentation Background This presentation provides an overview of the planning process undertaken and the work to date for the 2023 update to the Regional Hazard Mitigation Plan. Included in the update is information regarding hazard mitigation goals, objectives, and mitigation action items. The “Mitigation Strategy” is five broad categories with corresponding goals and objectives. The mitigation strategy was developed through a cooperative effort of the Hazard Mitigation Working Group, consisting primarily of planners and emergency operations coordinators including City staff from Neighborhood Development Services, Public Works, Public Utilities and the Fire Department. Discussion Goals and objectives were identified through the planning process, and each jurisdiction developed actionable directives or “mitigation action items” to further the mitigation strategy before the next Hazard Mitigation Plan update. Mitigation actions are discrete projects, programs, or policies that are recommended for implementation in this plan. The action items differ from objectives in that they are measurable, have a party responsible for completion, and typically can be completed within a given timeframe. The action items presented in this plan represent the aspirations of the various localities in the region, with the understanding that they may be completed as resources are made available from a variety of sources. Mitigation actions are to be implemented by the lead party, as identified in the plan, often in partnership with other agencies and organizations. Each action item in the plan is prioritized as high, moderate, or low to reflect the mitigation Page 120 of 160 value of the action or the urgency it requires. Priorities were determined based on several criteria. Items that were included in the 2018 plan generally maintain the same priority. Locality staff considered the severity and urgency of the issue to be addressed, the locality’s capacity to complete the action, and the benefit to be realized compared to the estimated cost of completion. Localities were encouraged to communicate cross-departmentally to accurately measure costs, timeline, and priority of each action item. TJPDC staff encouraged an iterative and collaborative process within each locality, as well as with other localities concerning shared hazards or facilities. The Mitigation Strategy document is included as an attachment to accompany the presentation which outlines the elements of the planning process, and provides a project timeline and plan for finalization, adoption, and submission of the plan. Alignment with City Council’s Vision and Strategic Plan The Natural Hazard Mitigation Plan Update supports City Council’s America’s Healthiest City vision, specifically, “Our emergency response system is among the nation’s best,” as well as Goal 2 of the City’s Strategic Plan, specifically sub-elements 2.1 (Provide an effective and equitable public safety system) and 2.4 (Ensure families and individuals are safe and stable). Community Engagement N/A Budgetary Impact N/A Recommendation N/A Alternatives N/A Attachments TJPDC - Charlottesville Presentation Materials TJPDC - Natural Hazard Mitigation Plan Update 2023 Page 121 of 160 Hazard Mitigation Goals, Objectives & Action Items: City of Charlottesville Introduction This document presents detailed information regarding hazard mitigation goals, objectives, and mitigation action items developed for the 2023 update to the Regional Hazard Mitigation Plan. The “Mitigation Strategy” is five broad categories with corresponding goals and objectives. The mitigation strategy was developed through a cooperative effort of the Hazard Mitigation Working Group, consisting primarily of planners and emergency operations coordinators. The overarching goals of the hazard mitigation plan were reviewed and revised from the previous plan update. Those goals and objectives were then reviewed by the public in the Hazard Mitigation Public Workshop held by the TJPDC, which further modified the goals and objectives detailed in the Mitigation Strategy. Based on the goals and objectives identified through the cooperative planning process of the mitigation strategy, each jurisdiction developed actionable directives or “mitigation action items” to further the Mitigation Strategy before the next Hazard Mitigation Plan update. Mitigation actions are discrete projects, programs, or policies that are recommended for implementation in this plan. The action items differ from objectives in that they are measurable, have a party responsible for completion, and typically can be completed within a given timeframe. The action items presented in this plan represent the aspirations of the various localities in the region, with the understanding that they may be completed as resources are made available from a variety of sources. Mitigation actions are to be implemented by the lead party, as identified in the plan, often in partnership with other agencies and organizations. TJPDC staff compiled input from the Working Group into a listing of potential actions organized under each goal and objective. The list was provided to each jurisdiction and used in discussions with Local Emergency Plan Committees (LEPCs) and at Working Group meetings. Each action item in the plan is prioritized as high, moderate, or low to reflect the mitigation value of the action or the urgency it requires. Priorities were determined based on several criteria. Items that were included in the 2018 plan generally maintain the same priority. The online survey asked respondents to prioritize goals and objectives, and this information has been used to prioritize the associated action items. Locality staff considered the severity and urgency of the issue to be addressed, the locality’s capacity to complete the action, and the benefit to be realized compared to the estimated cost of completion. TJPDC staff recommended use of FEMA’s cost-benefit analysis toolkit to ensure that localities were considering factors like number of people affected by hazards, area affected, property damage, loss of life, and injury, as well as economic impacts of inaction or partial action. A broad range of benefits were considered; some actions provide benefits beyond mitigating the impacts of hazards. Localities are acquainted with these types of tradeoffs, and instead of prescribing a specific process that each locality should use after creating mitigation action items, TJPDC staff instead prioritized locality-specific analysis when generating and prioritizing mitigation action items. Localities were encouraged to communicate cross-departmentally to accurately measure costs, timeline, and priority. TJPDC staff encouraged an iterative and collaborative process within each locality, as well as with other localities concerning shared hazards or facilities. Most jurisdictions chose to roll over actions that were either incomplete, delayed, or modified from the 2018 plan. There were significant revisions of actions’ priorities, lead parties, and/or costs. These changes were primarily a result of localities experiencing significant staff turnover since 2018 and funding constraints. Many localities decided to revise older mitigation action items to supply a more realistic and Page 122 of 160 achievable set of action items for the next 5 years. Locality staff indicated that revising goals, as well as coordinated efforts to revitalize LEPC meetings and other community engagement opportunities, serves as a realistic and operational foundational for hazard mitigation efforts in the coming years. Some localities added new action items in order to address new goals. The Mitigation Strategy, corresponding mitigation goals and objectives, and the detailed mitigation action items for the City of Charlottesville are found below. Mitigation Strategy Education and Outreach Infrastructure and Buildings • GOAL: Reduce the short and long-term impact of hazard events on buildings and infrastructure o OBJECTIVE: Diversify the energy system to provide multiple power source and fuel supply options and promote self-sufficient buildings with multiple energy options o OBJECTIVE: Diversity the communications system to provide alternative lines for use during loss of capacity o OBJECTIVE: Diversify the transportation system by increasing connectivity and providing modal options o OBJECTIVE: Elevate, retrofit and relocate existing structures and facilities in vulnerable locations o OBJECTIVE: Construct or upgrade drainage, retention, and diversion elements to lessen the impact of a hazard on an area o OBJECTIVE: Protect sensitive areas through conservation practices o OBJECTIVE: Ensure that each critical facility has a disaster plan in place Page 123 of 160 Whole Community Mitigation Capacity Information and Data Development Page 124 of 160 Mitigation Actions Key Code Each mitigation action item is accompanied by an activity code key in the top left corner of the Mitigation Action Items Table. The place or jurisdiction responsible for completing the item, the Mitigation Strategy goal that the mitigation action addresses, and the priority of the mitigation action item are detailed through the activity code key found below. Furthermore, the detailed list of action items includes the supporting goal, hazard to be mitigated, party responsible for implementation, timeframe of implementation, estimated cost, and potential funding sources. Furthermore, all action items are prioritized and listed in order from high, moderate, to low priority. Mitigation Action Item Description Table [Activity Code] Mitigation Action: [Jurisdiction] Goal: One of the goal categories listed above that is supported by the action Action Item Description: Brief description of action item Hazard (s): The hazard(s) the action is intended to mitigate Lead Party Responsible: Identify the local agency, department, or organization that is best suited to accomplish the action An estimate of the costs required to complete the project or Estimated Cost: continue the project for the course of 5 years; this amount should be estimated until a final dollar amount can be determined Funding Method: Potential sources of funds to complete the action, when applicable Page 125 of 160 Implementation Timeframe for which the action is expected to be completed Schedule: Priority Placement in the order of importance and urgency Charlottesville’s Detailed Mitigation Action Items CHE1 Mitigation Action: City of Charlottesville Goal: Education and Outreach Action Item Description: Provide training for building inspectors and code officials on mitigation techniques and hazard-resistant building. Hazard (s): Multiple Lead Party Responsible: Neighborhood Development Services, Public Works Estimated Cost: $10,000 Funding Method: Hazard Mitigation Grant Program, General Revenue Implementation Ongoing Schedule: Priority: High CHE2 Mitigation Action: City of Charlottesville Goal: Education and Outreach Action Item Description: Ensure that all city schools have an emergency and disaster plan and regularly conduct disaster response drills. Hazard (s): Multiple Lead Party Responsible: Public School System, independent private schools Estimated Cost: N/A Funding Method: N/A Implementation Ongoing Schedule: Priority: High CHM1 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Complete Flood Resilience Plan Hazard (s): Lead Party Responsible: Estimated Cost: Funding Method: Page 126 of 160 Implementation Schedule: Priority: CHM2 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Complete Climate Adaptation plan Hazard (s): Lead Party Responsible: Estimated Cost: Funding Method: Implementation Schedule: Priority: CHM3 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Update floodplain regulations Hazard (s): Lead Party Responsible: Estimated Cost: Funding Method: Implementation Schedule: Priority: CHM4 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Incorporate hazard mitigation plan into community plans. Identify senior living/special needs residences in areas vulnerable for flooding. Hazard (s): Multiple Lead Party Responsible: Neighborhood Development Services Estimated Cost: None Funding Method: N/A Implementation 3-5 years Schedule: Priority: High CHM5 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Page 127 of 160 Action Item Description: Conduct Community Emergency Response Team (CERT) classes to equip individuals and groups to assist in the event of a disaster. Hazard (s): Multiple Lead Party Responsible: Emergency Services Coordinator Estimated Cost: $10,000 Funding Method: FEMA Community Emergency Response Teams, FEMA Emergency Management Performance Grant Implementation Ongoing Schedule: Priority: High CHM6 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Provide incentives to institutions and homeowners for use of low-flow appliances. Hazard (s): Drought Lead Party Responsible: Neighborhood Development Services Estimated Cost: None Funding Method: N/A Implementation Ongoing Schedule: Priority: High CHM7 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Continue to expand use of citizen alert system. (Code RED) Develop community promotion plan for Code RED. Hazard(s): Multiple Lead Party Responsible: Regional Emergency Management Coordinator, City OEM Estimated Cost: $5,000 Funding Method: General Revenue Implementation 6-12 months Schedule: Priority: High CHM8 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Inventory all shelters and public buildings to ensure emergency preparedness supplies and equipment are onsite. Page 128 of 160 Hazard (s): Multiple Lead Party Responsible: Emergency Services Coordinator Estimated Cost: $40/location Funding Method: General Revenue Implementation Ongoing Schedule: Priority: High CMI1 Mitigation Action: City of Charlottesville Goal: Infrastructure and Buildings Action Item Description: Build or repair roadway and pedestrian crossings so as not to impede floodwaters Hazard (s): Flood Lead Party Responsible: VDOT Estimated Cost: Unknown Funding Method: Hazard Mitigation Grant Program, 406 Public Assistance Program Implementation When bridges are repaired/replaced Schedule: Priority: Moderate CMI2 Mitigation Action: City of Charlottesville Goal: Infrastructure and Buildings Action Item Description: Retrofit emergency service buildings for hazard resistance. Hazard (s): Structural Lead Party Responsible: Emergency Services Coordinator Estimated Cost: Unknown Funding Method: All hazards Emergency Operations Planning, Assistance to Local Firefighters Grant, Local Hurricane Grant Program, Pre- Disaster Mitigation Grant, Hazard Mitigation Grant Program Implementation 3-5 years Schedule: Priority: Moderate CMI3 Mitigation Action: City of Charlottesville Goal: Infrastructure and Buildings Action Item Description: Retrofit emergency service buildings for hazard resistance. Hazard(s): Structural Page 129 of 160 Lead Party Regional Emergency Management Coordinator, City Responsible: OEM Estimated Cost: Unknown Funding Method: All hazards Emergency Operations Planning, Assistance to Local Firefighters Grant, Local Hurricane Grant Program, Pre-Disaster Mitigation Grant, Hazard Mitigation Grant Program Implementation 3-5 years Schedule: Priority: Moderate CMM1 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Support volunteer groups and encourage collaboration on public outreach and education programs on hazard mitigation. Hazard (s): Multiple Lead Party Responsible: All City Departments, Emergency Services Coordinator Estimated Cost: None Funding Method: N/A Implementation Ongoing Schedule: Priority: Moderate CMM2 Mitigation Action: City of Charlottesville Goal: Mitigation Capacity Action Item Description: Create a strategy for using existing media outlets for communications during a hazard event. Hazard (s): Flood Lead Party Responsible: Office of Communications Estimated Cost: None Funding Method: N/A Implementation Ongoing Schedule: Priority: Moderate CLE1 Mitigation Action: City of Charlottesville Goal: Education and Outreach Action Item Description: Provide citizens with literature about flood and drought- smart landscaping. Hazard (s): Drought, Flooding Lead Party Responsible: Neighborhood Development Services, Public Works Estimated Cost: $5,000 Page 130 of 160 Funding Method: Pre-Disaster Mitigation Grant, Hazard Mitigation Grant Program, Annual DCR Flood Awareness Week Implementation 3-5 years Schedule: Priority: Low CLE2 Mitigation Action: City of Charlottesville Goal: Education and Outreach Action Item Description: Create educational campaign about floodplain locations, the benefits of open space and riparian corridors. Hazard (s): Multiple Lead Party Responsible: Public Works Estimated Cost: $50,000 Funding Method: Hazard Mitigation Grant Program, Community Flood Preparedness grant , Citywide Floodplain Management NFIP Implementation Ongoing Schedule: Priority: Low CLI1 Mitigation Action: City of Charlottesville Goal: Infrastructure and Buildings Action Item Description: Improve the maintenance of stormwater infrastructure. Hazard(s): Flood Lead Party Responsible: Public Works Estimated Cost: Unknown Funding Method: Environmental Protection Agency – Water Quality Cooperative Agreements, EPA-Nonpoint Source Grant Program, 406 Public Assistance (following a federally declared disaster), USDA-Watershed Protection and Flood Prevention Program, USDA-Environmental Quality Incentives Program, Stormwater Utility Fee, Community Flood Preparedness Grants Implementation Ongoing Schedule: Priority: Low CLI2 Mitigation Action: City of Charlottesville Goal: Infrastructure and Buildings Action Item Description: Reduce pollution discharge to and erosive conditions in receiving waters. Hazard(s): Flood Lead Party Responsible: Public Works Page 131 of 160 Estimated Cost: Unknown, based on need Funding Method: Environmental Protection Agency – Water Quality Cooperative Agreements, EPA-Nonpoint Source Grant Program, 406 Public Assistance (following a federally declared disaster), USDA-Watershed Protection and Flood Prevention Program, USDA-Environmental Quality Incentives Program, Stormwater Utility Fee, Stormwater Local Assistance Fund Implementation Ongoing Schedule: Priority: Low CLI3 Mitigation Action: City of Charlottesville Goal: Infrastructure and Buildings Action Item Description: Retrofit stormwater management basins Hazard(s): Flood Lead Party Responsible: Public Works Estimated Cost: Unknown, based on individual projects Funding Method: EPA – Water Quality Cooperative Agreements, EPA- Nonpoint Source Grant Program, 406 Public Assistance (after a federally declared disaster), USDA-Watershed Protection and Flood Prevention Program, USDA-Environmental Quality Incentives Program, Stormwater Utility Fee Implementation Ongoing Schedule: Priority: Low CLI4 Mitigation Action: City of Charlottesville Goal: Infrastructure and Buildings Action Item Description: Retrofit stormwater management basins Hazard(s): Flood Lead Party Responsible: Public Works Estimated Cost: Unknown, based on individual projects Funding Method: EPA – Water Quality Cooperative Agreements, EPA- Nonpoint Source Grant Program, 406 Public Assistance (after a federally declared disaster), USDA-Watershed Protection and Flood Prevention Program, USDA-Environmental Quality Incentives Program, Stormwater Utility Fee Implementation Ongoing Schedule: Page 132 of 160 Planning Process Hazard Mitigation Planning Hazard Identification and Analysis Process The lead agency in the preparation of this plan is the Thomas The purpose of the Regional Natural Hazard Mitigation Plan The purpose of the hazard identification process is to Jefferson Planning District Commission (PDC). The PDC is to prepare for natural disasters before they occur, thus describe all natural hazards that affect the Thomas Jefferson provides resources that ensure the plan takes an efficient Planning district and provide an analysis on their location, reducing loss of life, property damage, and disruption of regional approach and is supported by A Hazard Mitigation extent, severity, and probability of occurrence. Each commerce. Working Group, consisting of representatives from local individual hazard was identified, planning departments, emergency managers, and local The Federal Emergency Management Agency (FEMA) requires including a description of the hazard in general written from a administrators to help guide updates to the plan. Once adopted such a plan as a condition for eligibility in certain mitigation grant national perspective, followed by an in-depth analysis based on the Working Group members will help monitor and implement programs. The plan applies to all jurisdictions in the Thomas the particular impact the hazard has on the Thomas Jefferson the plan. Jefferson Planning District – Albemarle County, the City of Planning District. The Hazard Assessment Tool was used to Charlottesville, Greene County, Louisa County, Fluvanna evaluate each identified hazard according to the probability of County, Nelson County, and the Towns of Stanardsville, Louisa, occurrence and the severity in terms of impact to human life, Mineral & Scottsville. The original plan was adopted by all property, and business operations. Results of the 2023 risk jurisdictions in 2006, and the plan was further updated in 2012 assessment are outlined in the hazard vulnerability assessment and 2018. matrix below. The Following sections are included in the plan: Hazard Vulnerability Assessment Introduction – an overview of hazard HUMAN PROPERTY BUSINESS PROBABILITY RISK IMPACT IMPACT IMPACT mitigationgenerally and an outline of the plan EVENT Planning Process – the process through which Likelihood this Possibility of Physical Interruption of will occur death or injury losses and services Relative threat* theplan was developed, including public input damages Community Profile – general information 0 = N/A 0 = N/A 0 = N/A 0 = N/A 1 = Low 1 = Low 1 = Low 1 = Low SCORE 0 - 100% aboutcommunities in the planning district 2 = Moderate 3 = High 2 = Moderate 3 = High 2 = Moderate 3 = High 2 = Moderate 3 = High Hazard Identification and Analysis – general Hurricane/high 3 2 2 2 74% information about potential hazards in the wind/windstorms planning district, the historic record of hazard Flooding 3 1 2 2 65% events, and theprobability of future events Winter storms/weather 3 1 1 2 56% Vulnerability Assessment – analysis of the Communicable 2 2 1 2 30% Disease/Pandemic human impact hazards could cause, with estimated Lightning 2 1 1 1 22% potential losses for various hazard scenarios Wildfire 2 1 1 1 22% Capabilities Assessment – a survey of current localcapacity to mitigate natural hazards Drought / Extreme 2 1 1 1 22% Heat Mitigation Strategy – goals, objectives, and action Dam Failure 1 2 2 2 22% items selected to mitigate hazards identified in the Tornado 2 1 1 1 22% region Earthquake 1 1 2 2 19% Landslide 1 1 1 1 11% AVERAGE SCORE 1.88 1.37 1.5 1.58 33% Hazard Mitigation Plan Page 133 of 160 Notable Hurricanes in the Planning District VAISLA Lightning Flash Density/Mile 2015-2019 Hurricane Specific Area Damage Year Cat. phenomena poses the most significant risk to area residents. Wind Zeta All Heavy rain, localized flooding Oct. 20, 2020 3 Matthew All $30+ million in private + public structure damage, De. 18, 2018 5 crop damage. These events have resulted in 85 injuries and 2 deaths 2 deaths, evacuations, flooding/power outages Florence All TJPDC localities $200 million in damage, heavy rain/flooding/high Oct. 15, 2018 4 since 1995. Significant past wind events include the 2012 Derecho, winds/spawned tornadoes, 3 deaths Joaquin All Rain, localized flooding Oct 2, 2015 2 Arthur Fluvanna, Louisa, Albemarle Power outages, rain, flooding July 4, 2014 2 Sandy Nelson, Greene Power outages, rain, flooding Oct 29, 2012 3 because they develop quickly. Hurricane Cindy Fluvanna and Louisa Counties 3 deaths in U.S. July 7, 2005 1 related winds tend to have a greater impact in the eastern part of Ivan Fluvanna and Louisa Counties Estimated $18 billion in U.S. damages and 25 Sept. 18, 2004 5 Virginia. Few hurricanes have made a direct hit on the region. Most deaths are downgraded to tropical storms before they reach the planning Isabel All Preliminary estimate of over $4 billion in damages/costs; at least 40 deaths Sept 18, 2003 5 district. Note: Tornados are addressed on a Floyd All Flooding rains and high winds. 4 deaths; over Sep-99 4 280,000 customers without electricity, 5,000 homes damaged. Fran Northwest Greene Co. was $5.8 billion damage; 37 deaths, loss of electricity August- 3 hardest hit. (state-wide) September 1996 Agnes Scottsville (34 feet), Howardsville More than 210,000 people were forced to flee for June 19-24, 1 Historic Hurricane Tracks 1980-2008 Camille and Columbia Massie Mill, Davis Creek, their lives and 122 were killed. 114 deaths in Nelson Co alone. Flooding & 1972 August 1969 5 Scottsville, Howardsville, Schuyler, landslides. $1.42 billion (unadjusted). Columbia, Piney River Hazel All Flooding, barns leveled, roofs pulled off. Oct 14-15, 4 1954 Number of Wind Events by Year 2015-2021 High/Strong Wind Events and Thunderstorms with Wind 2010-2020 Hurricane/Tropical Storms 2010-2020 Hurricane and Tropical Storm Record 2010-2020 Locality # Deaths Injuries Property Loss Crop Damage Albemarle/Cville (reported with Nelson) 2 0 0 $ 5,000.00 $ - Fluvanna (reported with Louisa) 1 0 0 $ 36,000.00 $ - Greene 1 0 0 $ 1,000.00 $ - Louisa (reported with Fluvanna) 1 0 0 $ - $ - Nelson (reported with Albemarle) 2 0 $ 1,000.00 $ - Source: National Climate Data Center Hazard Mitigation Plan Page 134 of 160 HIRA: Flooding and Dam Failure Dam Points Across Region 100 Year Floodplain (1% Chance of Flood) and property statewide. Flooding is associated with heavy or downstream from a weather event. Riverine flooding occurs along theregions larger river systems like the James or Rivanna Rivers. In the causes floodwaters to travel downstream. Examples of this kind of flooding can be found in the towns of Scottsville and Columbia. All of high. These categories factor in the dam size and the number of people in the floodway. It does not focus on the quality of the Dam Risk Level by County National Annual Flood Loss (mean claim value of flood insurance) Floods 2010-2021 Summary of Floods, Flood Record 2010-2021 Locality # Death Injuries Property Loss Crop Damage Albemarle 136 1 0 $50,000.00 $ Charlottesville 5 0 0 $ $ Fluvanna 6 0 0 $ $ Greene 79 0 0 $4,777,000.00 $312,000.00 HIRA Assessment Louisa 9 0 0 $ $ Nelson 65 $30,000.00 $ HUMAN PROPERTY BUSINESS 0 0 PROBABIL RISK IMPACT IMPACT IMPACT Region 300 1 0 $4,857,000.00 $312,000.00 EVENT ITY Source: National Climate Data Center (NOAA) Likelihoo Possibility of Physical losses Interruption Relative d this will death or injury and damages of services threat* occur SCORE 0-3 NA-High 0-3 NA-High 0-3 NA-High 0-3 NA-High 0 - 100% Flooding 3 1 2 2 65% Dam Failure 1 2 2 2 22% Hazard Mitigation Plan Page 135 of 160 HIRA: Winter Weather in the region. Storms like nor’easter can causes significant snow Winter Weather Events by Type 2000-2020 accumulations, especially in areas at higher elevations. Winter Locality Blizzard Cold/Wind Freezing Heavy Ice Winter Winter Frost/ Chill Fog Snow Storm Storm Weather Freeze Albemarle 2 1 1 5 6 37 83 33 Fluvanna 1 3 48 40 3 Greene 2 4 7 7 39 79 34 Louisa 1 3 55 46 3 Nelson 2 2 5 7 34 65 33 Region 6 7 1 19 26 213 313 106 Winter Storm Events 2010-2020 Frequency of Snowfall Events Total Number of Winter Events by Year Locality # Death Injuries Property Damage Albemarle 10 0 0 $5,000.00 Winter Events in TJPDC Charlottesville 17 0 $ - Fluvanna $110,000.00 Region by Year (2010- 15 0 0 Greene 32 0 0 $- 2021) Louisa 21 0 0 $160,000.00 Nelson 25 0 0 $5,000.00 Region 120 0 0 $280,000.00 2020 2018 2016 Year 2014 HIRA Assessment 2012 PROBABIL HUMAN IMPACT PROPERTY IMPACT BUSINESS IMPACT RISK EVENT ITY 2010 Likelihoo Possibility of Physical losses Interruption Relative d this will death or injury and damages of services threat* 0 20 40 60 80 SCORE occur 0-3 NA-High 0-3 NA-High 0-3 NA-High 0-3 NA-High 0 - 100% Winter Weather 3 1 1 2 56% Number of Winter Events Hazard Mitigation Plan Page 136 of 160 HIRA: Communicable Disease/Pandemic The most common infectious diseases impacting the region prior to Coronavirus were Campylobacteriosis and Salmonella. Both live in the Top Communicable Diseases in TJPDC TJPDC Health Opportunity Index intensities of birds and are spread to humans through consumption of (Excluding Chronic Hepatitis) contaminated foods, contact with infected animals, or by drinking contaminated water. Lyme disease is commonly spread through vectors such as ticks. The Covid-19 pandemic is the leading infectious disease in each locality, surpassing historical data from 2018 on the top reported cases of other contagious diseases. Rather than case rates ranging from 20- 60 per 100,000 people, Coronavirus cases have reached 9,000-14,000 cases per 100,000 people in the Thomas Jefferson Planning District Region. Top Communicable Diseases in Virginia (Excluding Chronic Hepatitis) COVID-19 Case Information from 2019-January 2022 County Top Condition Locality Total Cases Cases Hospitalizations Deaths Albemarle Campylobacteriosis was the most per frequently reported disease with 25 100,000 cases. This equates to a rate of Albemarle 10,219 9,400 376 118 23.2 cases per 100,000 population. Charlottesville 6,518 13,546 162 64 Fluvanna Campylobacteriosis was the most frequently reported disease with 11 Fluvanna 3,415 12.751 133 32 cases. This equates to a rate of 41.6 cases per 100,000 population Greene 2,758 13,994 162 47 Louisa Salmonellosis was the most Louisa 4,410 11,991 175 54 frequently reported disease with 9 cases. This equates to a rate of Nelson 1,836 12,375 64 24 25.1 cases per 100,000 population. Greene Campylobacteriosis was the most frequently reported disease with 10 cases. This equates to a rate of 51.0 cases per 100,000 population. HIRA Assessment Nelson Lyme disease was the most HUMAN PROPERTY BUSINESS PROBABIL IMPACT IMPACT IMPACT RISK frequently reported disease with 8 EVENT ITY cases. This equates to a rate of Likelihoo Possibility of Physical losses Interruption Relative 53.5 cases per 100,000 population. d this will death or injury and damages of services threat* occur SCORE 0-3 NA-High 0-3 NA-High 0-3 NA-High 0-3 NA-High 0 - 100% Charlottesville (city) Campylobacteriosis was the most frequently reported disease with 15 Communicable 2 2 1 2 30% cases. This equates to a rate of Disease/Pandemic 31.2 cases per 100,000 population. Hazard Mitigation Plan Page 137 of 160 HIRA: Wildfire Wildfire Location and Acreage Burned Wildfire Risk Index Wildfires are a relatively common occurrence in the rural portions of the PDC. Since 2017 there have been 466 fires that have burned a total of 3,276 acres of land. Most wildfires are small and are quickly brought under control by local firefighters and state Department of Forestry. Frequent causes of blazes are discarded cigarette butts and out-of-control brush pile burning. There have been a number of large notable fires but these have been mostly constrained to Federal Lands. For example, the Rocky Mountain Fire burned portions of Shenandoah National Park in Greene County. People and property are at increased fire risk as more people move into rural areas and extend the urban wildland fringe. Wildfire Acerage and Number of Events Wildfire Events 2017-2021 Causes of Wildfires 2017-2021 Locality # Of Fires Acres Albemarle 136 1215.9 Fluvanna 98 319.1 Greene 29 31.1 Louisa 130 1298.4 Nelson 63 412.1 HIRA Assessment TJPDC 466 3276.6 HUMAN PROPERTY BUSINESS PROBABILIT IMPACT IMPACT IMPACT RISK EVENT Y Likelihood Possibility of Physical losses Interruption Relative this will death or injury and damages of services threat* occur SCORE 0-3 NA-High 0-3 NA-High 0-3 NA-High 0-3 NA-High 0 - 100% Wildfire 2 1 1 2 22% Hazard Mitigation Plan Page 138 of 160 US Drought Monitor (USGS) Snapshot (Dec 20, 2021) USGS Landslide Overview Map which are 10° above or below a baseline normal temperature. Both limited precipitation. Factors that influence drought severity include resources. Drought forecasts are produced by the U.S Drought of landslide. Deforestation and the removal of vegetation greatly Landslides in Region from 1969-2020 Region Historic Drought based on Percent Area Virginia Monthly High, Low and Average Temperatures HIRA Assessment HUMAN PROPERTY BUSINESS PROBABILIT IMPACT IMPACT IMPACT RISK EVENT Y Likelihood Possibility of Physical losses Interruption Relative this will death or injury and damages of services threat* occur SCORE 0-3 NA-High 0-3 NA-High 0-3 NA-High 0-3 NA-High 0 - 100% Drought/Extreme 2 1 1 2 22% Heat Landslide 1 1 1 1 11% Hazard Mitigation Plan Page 139 of 160 HIRA: Tornado and Earthquake Regional Tornado Tracks 2011 Mineral Earthquake Epicenters and Magnitudes The Region averages about 1 tornado a year. Most tornados experienced in the region are EF0 or EF1 events. However, the exception was a major tornado produced by Tropical Storm Ivy (EF2) which touched down in Fluvanna County. July is the most active month for tornados as it has the most number of thunderstorms. quakes that do occur being a magnitude 2.5 or less. These quakes Virginia Earthquake Epicenter Density urc VDEM, 20 Haz d Mitig t n Tornados 1950-2020 Historic Earthquakes in the TJPDC Tornado Record 1920-2020 Class Property Damage Date EF2 $200,000 4/19/2019 EF0 $325,000 2/24/2016 EF1 Historic homes damaged in Louisa County 10/9/2011 F1 $500,000 8/30/2005 F2 $3,000,000 9/17/2004 F1 $500,000 5/13/2000 F1 $250,000 5/5/1989 F3 $250,000 7/25/1985 F1 $250,000 10/13/1983 F2 $250,000 8/9/1962 HIRA Assessment 11 people died and 4 were injured in HUMAN PROPERTY BUSINESS N/A Ivy/Mechum’s River 1959 PROBABILITY IMPACT IMPACT IMPACT RISK EVENT Leveled trees, tore off roofs, smashed Likelihood this will occur Possibility of death or injury Physical losses and damages Interuption of services Relative threat* N/A buildings in Ivy 1922 SCORE 0-3 NA-High 0-3 NA-High 0-3 NA-High 0-3 NA-High 0 - 100% Tornado 2 1 1 2 22% Earthquake 1 1 2 2 19% Hazard Mitigation Plan Page 140 of 160 NATURAL HAZARD MITIGATION PLAN UPDATE 2023 Page 141 of 160 NATURAL HAZARD MITIGATION PLAN BACKGROUND • Purpose: Prepare for natural disasters before the occur, thus reducing loss of live, property damage, and disruption of commerce • Plan is a data driven document based on past historical hazard events and the potential for future events based on historical data • Plan assesses risks from Natural Hazards • Incentive: The Federal Emergency Management Agency (FEMA) requires Natural HMPs as a condition for eligibility to receive certain mitigation grant program funds and grants. • Virginia Department of Emergency Management encourages regional Natural Hazard Mitigation Plans to help jurisdictions address issues regionally • VDEM Maintains a Statewide Hazard Mitigation Plan Page 142 of 160 NATURAL HAZARD MITIGATION PLAN DOCUMENT • Required Sections: 1. Planning Process – the process through which the plan was developed, including public input 2. Community Profile – general information about communities in the planning district 3. Hazard Identification and Analysis – general information about potential hazards in the planning district, the historic record of hazard events, and the probability of future events 4. Vulnerability Assessment – analysis of the human impact hazards could cause, with estimated potential losses for various hazard scenarios 5. Capabilities Assessment – a survey of current local capacity to mitigate natural hazards 6. Mitigation Strategy – goals, objectives, and action items selected to mitigate hazards identified in the region Page 143 of 160 TIMELINE The following timeline depicts the major points along the process of the plan update: LEPC Meetings Public Submit Present HIRA Plan and consultation Comment to Working period on to Annual Meeting with local staff on Group Draft Plan FEMA and Update mitigation action Plan Kick-Off Public Survey M i 2021 2022 MayHR June 16N October December March-May June Aug Dec Submit Research and Plan to Technical Analysis Finalize HIRA VDEM for HIRA Page 144 of 160 HAZARD IDENTIFICATION AND RISK ASSESSMENT (HIRA) • Describes all natural hazards that affect the Planning District and provide an analysis on location, extent, severity, and probability of occurrence • General descriptions of events • Data on events such as frequency, duration, severity and financial impact • Hazards are presented in order of the relative risk they pose to the region • Hazards are rated based on a risk matrix developed by Kaiser Permanente Page 145 of 160 HIRA Page 146 of 160 Notable Hurricanes in the Planning District VAISLA Lightning Flash Density/Mile 2015-2019 Hurricane Specific Area Damage Year Cat. phenomena poses the most significant risk to area residents. Wind Zeta All Heavy rain, localized flooding Oct. 20, 2020 3 Matthew All $30+ million in private + public structure De. 18, 2018 5 crop damage. These events have resulted in 85 injuries and 2 deaths damage, 2 deaths, evacuations, flooding/power outages since 1995. Significant past wind events include the 2012 Derecho, Florence All TJPDC localities $200 million in damage, heavy Oct. 15, 2018 4 rain/flooding/high winds/spawned tornadoes, 3 deaths Joaquin All Rain, localized flooding Oct 2, 2015 2 because they develop quickly. Hurricane Arthur Fluvanna, Louisa, Albemarle Power outages, rain, flooding July 4, 2014 2 related winds tend to have a greater impact in the eastern part of Sandy Nelson, Greene Power outages, rain, flooding Oct 29, 2012 3 Virginia. Few hurricanes have made a direct hit on the region. Most Cindy Fluvanna and Louisa Counties 3 deaths in U.S. July 7, 2005 1 are downgraded to tropical storms before they reach the planning Ivan Fluvanna and Louisa Counties Estimated $18 billion in U.S. damages Sept. 18, 2004 5 and 25 deaths district. Note: Tornados are addressed on a Isabel All Preliminary estimate of over $4 billion Sept 18, 2003 5 in damages/costs; at least 40 deaths Floyd All Flooding rains and high winds. 4 deaths; over Sep-99 4 280,000 customers without electricity, 5,000 homes damaged. Historic Hurricane Tracks 1980-2008 Fran Northwest Greene Co. was hardest hit. $5.8 billion damage; 37 deaths, loss of electricity (state-wide) August- Septemb 3 er 1996 Agnes Scottsville (34 feet), More than 210,000 people were forced to June 19-24, 1 Howardsville and Columbia flee for their lives and 122 were killed. 1972 Camille Massie Mill, Davis Creek, 114 deaths in Nelson Co alone. August 1969 5 Scottsville, Howardsville, Flooding & landslides. $1.42 billion Schuyler, Columbia, Piney (unadjusted). Hazel River All Flooding, barns leveled, roofs pulled off. Oct 14-15, 4 Number of Wind Events by Year 2015-2021 1954 High/Strong Wind Events and Thunderstorms with Wind 2010-2020 Hurricane/Tropical Storms 2010-2020 Hurricane and Tropical Storm Record 2010-2020 Locality # Deaths Injuries Property Loss Crop Damage Albemarle/Cville (reported with Nelson) 2 0 0 $ $ 5,000.00 - Fluvanna (reported with Louisa) 1 0 0 $ $ 36,000.00 - Greene 1 0 0 $ $ 1,000.00 - Louisa (reported with Fluvanna) 1 0 0 $ - $ - Nelson (reported with Albemarle) 2 0 $ $ 1,000.00 - Source: National Climate Data Center Page 147 of 160 HIRA:FLOODINGAND DAM FAILURE Dam Points Across Region 100 Year Floodplain (1% Chance of Flood) and property statewide. Flooding is associated with heavy or downstream from a weather event. Riverine flooding occurs along theregions larger river systems like the James or Rivanna Rivers. In the causes floodwaters to travel downstream. Examples of this kind of flooding can be found in the towns of Scottsville and Columbia. All of high. These categories factor in the dam size and the number of people in the floodway. It does not focus on the quality of the Dam Risk Level by County National Annual Flood Loss (mean claim value of flood insurance) Floods 2010-2021 Summary of Floods, Flood Record 2010-2021 Locality # Death Injuries Property Loss Crop Damage Albemarle 136 1 0 $50,000.00 $ Charlottesville 5 0 0 $ $ Fluvanna 6 0 0 $ $ Greene 79 0 0 $4,777,000.00 $312,000.00 HIRA Assessment Louisa 9 0 0 $ $ Nelson 65 $30,000.00 $ HUMA PROPERT BUSINES 0 0 PROBABI RISK Region 300 1 0 $4,857,000.00 $312,000.00 EVENT L ITY N Y S Source: National Climate Data Center (NOAA) IMPAC IMPACT IMPACT T Likelihoo Possibility of Physical losses Interruption Relative d thiswill death or injury and damages ofservices threat* occur SCORE 0-3 NA-High 0-3 NA-High 0-3 NA- 0-3 NA-High 0 - 100% High Flooding 3 1 2 2 65% Dam Failure 1 2 2 2 22% Page 148 of 160 HIRA:WINTER WEATHER in the region. Storms like nor’easter can causes significant snow Winter Weather Events by Type 2000-2020 accumulations, especially in areas at higher elevations. Winter Locality Blizzard Cold/Win Freezin Heav Ice Winte Winter Frost/ d Chill g Fog y Stor r Weathe Freez Snow m Stor r e m Albemarle 2 1 1 5 6 37 83 33 Fluvanna 1 3 48 40 3 Greene 2 4 7 7 39 79 34 Louisa 1 3 55 46 3 Nelson 2 2 5 7 34 65 33 Region 6 7 1 19 26 213 313 106 Winter Storm Events 2010-2020 Frequency of Snowfall Events Total Number of Winter Events by Year Locality # Death Injuries Property Damage Winter Events in TJPDC Albemarle 10 0 0 $5,000.00 Charlottesville 17 0 $ - Region by Year (2010- Fluvanna 15 0 0 $110,000.00 Greene 32 0 0 $- 2021) Louisa Nelson 21 25 0 0 0 0 $160,000.00 $5,000.00 Region 120 0 0 $280,000.00 2020 2018 2016 Year 2014 HIRA Assessment HUMA PROPERT BUSINES 2012 PROBABI N Y S RISK EVENT L ITY 2010 IMPAC IMPACT IMPACT T 0 20 40 60 80 Likelihoo d thiswill Possibility of death or injury Physical losses and damages Interruption ofservices Relative threat* occur SCORE 0-3 NA-High 0-3 NA-High 0-3 NA- 0-3 NA-High 0 - 100% Number of Winter Events High Winter Weather 3 1 1 2 56% Page 149 of 160 HIRA: COMMUNICABLE DISEASE/PANDEMIC The most common infectious diseases impacting the region prior to Top Communicable Diseases in TJPDC TJPDC Health Opportunity Index (Excluding Chronic Hepatitis) Coronavirus were Campylobacteriosis and Salmonella. Both live in the intensities of birds and are spread to humans through consumption of contaminated foods, contact with infected animals, or by drinking contaminated water. Lyme disease is commonly spread through vectors such as ticks. The Covid-19 pandemic is the leading infectious disease in each locality, surpassing historical data from 2018 on the top reported cases of other contagious diseases. Rather than case rates ranging from 20- 60 per 100,000 people, Coronavirus cases have reached 9,000-14,000 cases per 100,000 people in the Thomas Jefferson Planning District COVID-19 Case Information from 2019-January Region. 2022 County Top Condition Locality Total Cases Cases Hospitalizations Deaths Albemarle Campylobacteriosis was the most per frequently reported disease with 25 100,000 Top Communicable Diseases in Virginia cases. This equates to a rate of Albemarle 10,219 9,400 376 118 (Excluding Chronic Hepatitis) 23.2 cases per 100,000 population. Charlottesville 6,518 13,546 162 64 Fluvanna Campylobacteriosis was the most frequently reported disease with 11 Fluvanna 3,415 12.751 133 32 cases. This equates to a rate of 41.6 cases per 100,000 population Greene 2,758 13,994 162 47 Louisa Salmonellosis was the most frequently reported disease with 9 Louisa 4,410 11,991 175 54 cases. This equates to a rate of 25.1 cases per 100,000 population. Nelson 1,836 12,375 64 24 Greene Campylobacteriosis was the most frequently reported disease with 10 cases. This equates to a rate of 51.0 cases per 100,000 population. HIRA Assessment Nelson Lyme disease was the most HUMA PROPERT BUSINES PROBABI RISK frequently reported disease with 8 L ITY N Y S EVENT cases. This equates to a rate of IMPAC IMPACT IMPACT 53.5 cases per 100,000 population. T Likelihoo Possibility of Physical losses Interruption Relative Charlottesville (city) Campylobacteriosis was the most d thiswill death or injury and damages ofservices threat* frequently reported disease with 15 occur cases. This equates to a rate of SCORE 0-3 NA-High 0-3 NA-High 0-3 NA- 0-3 NA-High 0 - 100% High 31.2 cases per 100,000 population. Communicable 2 2 1 2 30% Disease/Pandemi c Page 150 of 160 HIRA: WILDFIRE Wildfire Location and Acreage Burned Wildfire Risk Index Wildfires are a relatively common occurrence in the rural portions of the PDC. Since 2017 there have been 466 fires that have burned a total of 3,276 acres of land. Most wildfires are small and are quickly brought under control by local firefighters and state Department of Forestry. Frequent causes of blazes are discarded cigarette butts and out-of-control brush pile burning. There have been a number of large notable fires but these have been mostly constrained to Federal Lands. For example, the Rocky Mountain Fire burned portions of Shenandoah National Park in Greene County. People and property are at increased fire risk as more people move into rural areas and extend the urban wildland fringe. Wildfire Acerage and Number of Events Wildfire Events 2017-2021 Causes of Wildfires 2017-2021 Locality # Of Fires Acres Albemarle 136 1215.9 Fluvanna 98 319.1 Greene 29 31.1 Louisa 130 1298.4 Nelson 63 412.1 HIRA Assessment TJPDC 466 3276.6 PROBABILIT Y HUMAN PROPERTY BUSINESS RISK EVENT IMPACT IMPACT IMPACT Likelihood Possibility of Physical losses and Interruption of Relative thiswill occur death or injury damages services threat* SCORE 0-3 NA-High 0-3 NA-High 0-3 NA-High 0-3 NA-High 0 - 100% Wildfire 2 1 1 2 22% HazardMitigationPlan Page 151 of 160 US Drought Monitor (USGS) Snapshot (Dec 20, 2021) USGS Landslide Overview Map which are 10° above or below a baseline normal temperature. Both limited precipitation. Factors that influence drought severity include resources. Drought forecasts are produced by the U.S Drought of landslide. Deforestation and the removal of vegetation greatly Landslides in Region from 1969-2020 Region Historic Drought based on Percent Area Virginia Monthly High, Low and Average Temperatures HIRA Assessment PROBABILI HUMA PROPERT BUSINES RISK EVENT T Y N Y S IMPAC IMPACT IMPACT T Likelihood Possibility of Physical losses Interruption Relative thiswill death or injury and damages ofservices threat* occur SCORE 0-3 NA-High 0-3 NA-High 0-3 NA- 0-3 NA-High 0 - 100% High Drought/Extrem 2 1 1 2 22% e Heat Landslide 1 1 1 1 11% Page 152 of 160 HIRA:TORNADO AND EARTHQUAKE Regional Tornado Tracks 2011 Mineral Earthquake Epicenters and Magnitudes The Region averages about 1 tornado a year. Most tornados experienced in the region are EF0 or EF1 events. However, the exception was a major tornado produced by Tropical Storm Ivy (EF2) which touched down in Fluvanna County. July is the most active month for tornados as it has the most number of thunderstorms. quakes that do occur being a magnitude 2.5 or less. These quakes Virginia Earthquake Epicenter Density urc VDEM, 20 Ha d Miti t n Tornados 1950-2020 Historic Earthquakes in the TJPDC Tornado Record 1920-2020 Class Property Damage Date EF2 $200,000 4/19/2019 EF0 $325,000 2/24/2016 EF1 Historic homes damaged in Louisa County 10/9/2011 F1 $500,000 8/30/2005 F2 $3,000,000 9/17/2004 F1 $500,000 5/13/2000 F1 $250,000 5/5/1989 F3 $250,000 7/25/1985 F1 $250,000 10/13/1983 F2 $250,000 8/9/1962 HIRA Assessment 11 people died and 4 were injured HUMA PROPERT BUSINES PROBABILITY RISK N/A in Ivy/Mechum’s River 1959 N Y S EVENT Leveled trees, tore off roofs, IMPAC IMPACT IMPACT T N/A smashed buildings in Ivy 1922 Likelihood this Possibility of Physical losses Interuption of Relative will occur death or injury and damages services threat* SCORE 0-3 NA-High 0-3 NA-High 0-3 NA- 0-3 NA-High 0 - 100% High Tornado 2 1 1 2 22% Earthquake 1 1 2 2 19% Page 153 of 160 HAZARD VULNERABILITY ASSESSMENT DATA SOURCES • National Climactic Data Center • VA Department of Forestry • VA Department of Health • VA Department of Emergency Management • VA Department of Conservation and Recreation • VA Department of Environmental Quality • VA Department of Energy • VA Department of Energy • UVA • Center for Disease Control • American Society of Civil Engineers • National Weather Service • United States Geological Survey • NASA • Locality Staff • Local news • Published Research Papers Page 154 of 160 HAZARD VULNERABILITY ASSESSMENT • Provides an overview and analysis of vulnerability in the Thomas Jefferson Planning District using factors including the HIRA, projected population growth and settlement patterns and the location of existing people and infrastructure • Utilize Planning tools including FEMA’s HAZUS models for Hurricanes, earthquakes and flood and the Wildfire Risk Assessment for wildfires. • Presents information on expected losses $$ • Understand risk based on location Page 155 of 160 MODELED HURRIC ANE LOSSES • Expected Economic Losses from Historic Hurricane Event Scenario: Fran (1996) • Equivalent of an Approximate 200-Year Event Page 156 of 160 MODELED FLOOD LOSSES – 100 YEAR EVENT (SCOTTSVILLE) Page 157 of 160 WILDFIRE Page 158 of 160 MITIGATION ACTIONS Page 159 of 160 NEXT STEPS • Public Comment • Submit to VDEM and FEMA • Work towards formal adoption by all localities Page 160 of 160