CITY COUNCIL AGENDA J. Lloyd Snook, III, Mayor December 5, 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. The public may view this portion of the meeting electronically by registering in advance for the Zoom webinar or on the City's streaming platforms and local government Channel 10. 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. Report: FY24 Vibrant Community Fund Update 2. Report: Report on Annual Financial Audit for Fiscal Year 2022 from City's Auditors 5:30 PM CLOSED SESSION pursuant to Sections 2.2-3711 and 2.2-3712 of the Virginia Code (Boards and Commissions; personnel) 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. 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 Consent Agenda* 3. Minutes: October 17 meeting 4. Resolution: Approving and appropriating grant funds for Virginia Department of Education Special Nutrition Program - Child and Adult Care Food Program - $50,000 (2nd reading) 5. Resolution: Considering a Special Use Permit request for 901 Seminole Trail and 1801 Hydraulic Road (1 reading) 6. Resolution: Considering a Special Use Permit request at 211 Albemarle Street (1 reading) City Manager Report Community Matters Public comment for up to 16 speakers (limit 3 minutes per speaker). Preregistration available for first 8 spaces at https://www.charlottesville.gov/692/Request-to-Speak; speakers announced by Noon on meeting day (9:00 a.m. sign-up deadline). Additional public comment at end of meeting. Action Items 7. Public Amending the 2018 City/County Courts Memorandum of Agreement and Hearing/Ord.: approving a 40-year lease (1 of 2 readings) Page 1 of 231 8. Resolution: Consent to City Manager's appointment of Chief of Police (1 reading) 9. Ordinance/Resolution: Police Civilian Oversight Board Matters a. Ordinance: Amending Chapter 2, Article XVI of the City Code (PCOB) (1 of 2 readings) b. Resolution: Approving Operating Procedures for the PCOB (1 reading) 10. Ordinance: Considering a Zoning Map Amendment for the Mount View PUD (Planned Unit Development) (1 of 2 readings) 11. Resolution: Considering a Sidewalk Waiver Request for the Mount View PUD (Planned Unit Development) (1 reading) 12. Resolution: Transferring Capital Funds from City/County fund (P-00834) for renovations to Washington Park Pool - $350,000 (1 of 2 readings) 13. Resolution: Expressing support for a Capital Project to establish Handicapped Access to the Charlottesville Dogwood Vietnam Memorial (1 reading) General Business 14. Action Item: 2023 Local Legislative Positions a. By Motion: Thomas Jefferson Planning District Commission (TJPDC) Proposed Legislative Positions (2023) – David Blount b. By Motion: City Council Proposed Legislative Positions (2023) – Mayor Snook and Councilor Magill Other Business Community Matters (2) Adjournment Page 2 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: None Presenter: Misty Graves, Director of Human Services Staff Contacts: Hunter Smith, Human Services Planner Title: FY24 Vibrant Community Fund Update Background The mission statement for the Vibrant Community Fund (V.C.F) is to address significant and urgent community needs to improve the lives of marginalized community members by funding holistic strategies with the greatest potential to work. Human Services staff presented information to Council prior to the release of the FY24 Vibrant Community Fund application. The Vibrant Community Fund application process has closed and staff informed Council that an update would be provided once applications were submitted. Discussion The following information has been collected from the FY24 application process. Information on any intergovernmental (previously referred to as contractual) organizations is not included in the report.  There were a total of 50 applications submitted (some organizations submitted more than one application). In comparison, last year, we received a total of 28 applications.  There were a total of 11 applications that selected the New and Emerging category (this means they are a startup, have never applied through this process, or have been in existence for less than five years).  The total ask for all applications is $4,315,608.01 (New and Emerging—$925,000; VCF— $2,747,654.01; Fundamental— $642,954.00). In comparison, last year, the total amount requested was $2,752,717.00.  Orientation was offered in person, via Zoom and as a recording for anyone unable to participate.  ‘Office hours’ were held on four different occasions during the application period for two hours at a time for any applicant that wanted to drop in for questions. There was ongoing communication via email and phone with applicants as they needed or requested.  The review team is currently comprised of 16 citizens (including some city staff representation) and the general consensus of interest and motivation of these individuals is to learn more about inclusivity measures and strategies local organizations are using to improve services and to take a closer look at how DEI initiatives are being used across the board. Page 3 of 231  Below is each specific request submitted, with the associated organization’s name removed. Amounts that are in bold type and italicized indicate a New and Emerging request. VCF/New and Emerging Fundamental $42,750.00 $92,700.00 $200,000.00 $10,000.00 $100,000.00 $19,494.00 $100,000.00 $32,165.00 $50,000.00 $79,744.00 $135,000.00 $115,000.00 $40,000.00 $36,352.00 $20,000.00 $58,482.00 $40,000.00 $97,239.00 $335,000.00 $12,035.00 $150,000.00 $89,743.00 $27,215.00 $50,000.00 $642,954.00 $32,000.00 $20,000.00 $186,533.76 $50,000.00 $24,000.00 $50,000.00 $57,936.00 $20,000.00 $35,000.00 $10,000.00 $36,000.00 $5,100.00 $75,000.00 $15,000.00 $30,000.00 $10,000.00 $68,000.00 $241,950.00 $75,901.25 $47,600.00 $68,575.00 $100,000.00 $50,000.00 $33,000.00 $129,143.00 $58,400.00 $30,000.00 $25,000.00 $42,000.00 Page 4 of 231 $350,000.00 $50,000.00 $100,000.00 $50,000.00 $16,550.00 $50,000.00 $125,000.00 $15,000.00 $3,672,654.01 Alignment with City Council's Vision and Strategic Plan The Vibrant Community Fund intersects with all five aspects of the City Council's Vision and Strategic Plan. The FY24 process focuses on youth, family and education; economic impact and jobs; and health and safety. Applicants must work in one of those technical areas in order to apply for city funds. Community Engagement This year, the Vibrant Community Fund staff intentially engaged the non-profit sector to notify them of the funding opportunties. This was done through a press release, email communication, and referrals from Council and partners. As such, we have seen an increase in applicants this year. Budgetary Impact There is currently approximately $2.5 million dollars programmed in the base budget for VCF. As noted, $575,000 of that has been reprogrammed to the CAHF funding to be used for housing initiatives. That leaves approximately $1.9 million in the base budget that would be available to be awarded to VCF applicants. Budgetary impacts would need to be considered should Council decide to make changes to the amount of funding it allocates to VCF. Recommendation The total amount of funding requested is significantly greater than the amount of total funds available to award at this time. Human Services staff are asking the City Council to review the report provided and consider increasing the total amount available to award for FY24. Alternatives N/A Attachments None Page 5 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: No action. Presenter: Chris Cullinan, Director of Finance Staff Contacts: Chris Cullinan, Director of Finance Title: Report on Annual Financial Audit for Fiscal Year 2022 from City's Auditors Background The Code of Virginia requires that localities have all their accounts and records audited annually as of June 30 by an independent certified public accountant in accordance with the specifications furnished by the Auditor of Public Accounts (APA). Discussion State Code requires the City's auditor to report to the governing body at a public session. Matthew McLearen, CPA, CFE and Michael Lupton, CPA, MBA from Robinson, Farmer, Cox and Associates will be presenting their report to City Council for Fiscal Year 2022 (July 1, 2021 - June 30, 2022). Alignment with City Council's Vision and Strategic Plan This report and audit of Fiscal Year 2022 aligns with Goal 4 of the Strategic Plan, to be a well- managed and successful organization. Community Engagement The Annual Comprehensive Financial Report (ACFR) is available on the City's website. Hard copies are available upon request. Budgetary Impact N/A. Recommendation N/A. Alternatives N/A. Page 6 of 231 Attachments None Page 7 of 231 CHARLOTTESVILLE CITY COUNCIL MEETING October 17, 2022 at 4:00 PM In person: Council Chamber, 605 E. Main Street Virtual/electronic: Zoom The Charlottesville City Council met on Monday, October 3, 2022. The meeting was held in hybrid format with Council members and limited public seating in Council Chamber to mitigate health risks related to coronavirus, and electronic participation on the Zoom webinar platform. Mayor Lloyd Snook called the meeting to order and Clerk of Council Kyna Thomas called the roll, noting the following councilors physically present: Michael Payne, Brian Pinkston, Mayor Lloyd Snook and Vice Mayor Juandiego Wade. Councilor Magill contacted City Council and the Clerk requesting to participate from her home in Charlottesville virtually due to a medical condition that prevents her from attending in person. On motion by Pinkston, seconded by Wade, Council by the following vote approved electronic participation by Magill: 4-0 (Ayes: Payne, Pinkston, Snook, Wade; Noes: none), and she was marked present. On motion by Pinkston, seconded by Wade, Council unanimously approved the meeting agenda. WORK SESSION 1. DISCUSSION: FY2024 City Budget Development Interim City Manager Rogers introduced the purpose for the item, which was to give City Council an opportunity to give input earlier in the budget development process. Budget Director Krisy Hammill led the FY2024 Budget development discussion. She shared the Budget Development public meeting calendar and Council indicated a preference to hold the Community Budget Forum on Thursday, March 23, 2023. Ms. Hammill reminded the public of the budget transparency tool on the city website. After the slideshow presentation, Council engaged in discussion. Individual councilors shared their priorities. CLOSED SESSION On motion by Pinkston, seconded by Wade, Council voted 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none) to meet in closed session as authorized by Virginia Code Section 2.2-3711(A) (A)(7) and (A)(8), for discussion or consideration of the current contract for city management services by the Robert Bobb Group, for consideration of the appointment of a permanent city manager, and for consultation with legal counsel regarding those matters. On motion by Pinkston, seconded by Wade, 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 Page 8 of 231 BUSINESS SESSION City Council observed a moment of silence. ANNOUNCEMENTS Councilor Payne announced Climate Action Plan community engagement opportunities. Councilor Magill expressed condolences to the Albemarle-Charlottesville Regional Jail and to the family of Mrs. Gequetta Murray-Key, who passed away on October 11. Mrs. Murray-Key was employed by the Albemarle-Charlottesville Regional Jail for 15 years and served as Associate Superintendent. Mayor Snook announced the October 30Ivy Creek Natural Area restoration marker dedication. RECOGNITIONS/PROCLAMATIONS • PROCLAMATION: Metastatic Breast Cancer Awareness Day - October 13, 2022 Mayor Snook recognized October 13 as Metastatic Breast Cancer Awareness Day CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 2. MINUTES: September 6 Council meeting 3. RESOLUTION: Appropriating Fiscal Year 2023 Fire Programs Aid to Locality (Firefund) - $186,776.00 (2nd reading) RESOLUTION Appropriating the amount of $186,776.00 received from the Virginia Fire Fund for Expenditure in Fiscal Year 2023 WHEREAS, the City’s Fire Department has received notification that the City of Charlottesville has received an allocation of aid-to localities, in the amount of $186,776.00, from the Virginia Fire Programs Fund, which may be used to pay for training, protective clothing and equipment, and other expenditures authorized within Code of Virginia Section 38.2-401(B); NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that, upon receipt of this aid from the Commonwealth, a total of $186,776.00 is appropriated for expenditure in accordance with the provisions of Virginia Code Sec. 38.2-401(B), using the following funds and accounts: Revenues - $186,776 $186,776 Fund: 209 I/O: 1900010 G/L Account: 430110 Expenditures - $186,776 $186,776 Fund: 209 I/O: 1900010 G/L Account: 599999 Page 9 of 231 4. RESOLUTION: Appropriating Funding from the Virginia Department of Social Services for the Supplemental Nutrition Assistance Program Education & Training Program (SNAP E&T) Laptop Loaner Program - $15,400 (2nd reading) RESOLUTION Appropriating Funding Received from the Virginia Department of Social Services for the SNAP E&T Laptop Loaner Program in the amount of $15,400 WHEREAS, the Charlottesville Department of Social Services has received an allocation of $15,400 in the Fiscal Year 2023 budget from the Virginia Department of Social Services to be used for purchasing laptops for clients participating in the SNAP E&T program who do not have computers. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $15,400, upon receipt by the City, is hereby appropriated for expenditure within the FY23 budget in the following manner: Revenue – $15,400 Fund: 212 Cost Center: 9900000000 G/L Account: 430080 $15,400 Expenditures - $15,400 Fund: 212 Cost Center: 3301009000 G/L Account: 520990 $15,400 5. RESOLUTION: Appropriating American Rescue Plan funds from the Commonwealth for Utility Bill Assistance - $29,524.18 (2nd reading) RESOLUTION Appropriating the Amount of $29,524 of American Rescue Plan Funds Received from the Commonwealth of Virginia for Residential Utility Bill Assistance WHEREAS the City of Charlottesville has received a second award from the Commonwealth of Virginia of American Rescue Plan Funds dedicated for financial assistance with residential utility bills; WHEREAS the assistance is limited to residential customers with arrearages greater than 60 days for the time period between March 12, 2020 and August 31, 2021; BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $29,524.18 is hereby appropriated in the following manner, for expenditure in accordance with federal ARP requirements: REVENUES Fund 207 I/O 1900446 G/L Account 430127 EXPENDITURES Fund 207 I/O 1900446 G/L Account 599999 Page 10 of 231 6. RESOLUTION: Approving Compromise of Claim: Wastewater Leak Credit $31,516.31 for 525 Ridge Street - Management Services Corporation RESOLUTION Approval of a Compromise of Claim in the Form of a Leak Credit of $31,516.31 for Wastewater Charges to the Utility Account of 525 Ridge Street – Management Services Corporation WHEREAS, the Director of Finance, City Attorney, and City Manager concur that circumstances associated with a leak at 525 Ridge Street warrant a credit in the amount of $31,516.31 for wastewater charges, and in accordance with City Code Sec. 11-132(4), City Council has authority to grant such a compromise of claim; now, therefore BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the Director of Finance is hereby authorized to apply a credit of $31.516.31 to the utility account of 525 Ridge Street – Management Services Corporation. 7. RESOLUTION: Update Council Meeting Procedures to update electronic participation provisions RESOLUTION Approving Amendments to the City Council Rules and Procedures BE IT RESOLVED by the Council of the City of Charlottesville, THAT City Council’s Rules and Procedures are amended to incorporate the most-current flexibility allowed by the Virginia Freedom of Information Act, allowing use of various means of electronic communication for conducting City Council meetings. 8. RESOLUTION: Resolution to Appropriate Funds for the Charlottesville/Albemarle Adult Drug Treatment Court Grant Award - $240,000 (carried) 9. RESOLUTION: Virginia Juvenile Community Crime Control Act Grant (V.J.C.C.C.A.)- $452,704 (carried) Mayor Snook invited public comment on the Consent Agenda. No speakers came forward. On motion by Pinkston, seconded by Wade, 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 Rogers reported the following: • The Charlottesville Fire Department recognized National Fire Prevention Week October 9-15 and visited various neighborhoods to share fire safety and escape plan information. • Restroom facilities will be available to the public at York Place (112 West Main Street) beginning November 1, and the city is working to reopen the Downtown Transit Center, making Page 11 of 231 restroom facilities available at the east end of the Downtown Mall. • Nine trees posing a safety risk on the Downtown Mall will be removed and eventually replaced. • An internal committee focused on the Downtown Mall will conduct exploratory work to identify various priorities for the Mall and will come back to Council with a request to appoint citizen members to help formulate a list of recommendations for preserving the Mall for another 50 years. • The process for hiring the city’s first Emergency Management Coordinator concluded and Jeremy Evans, Captain with Charlottesville Fire Department, was selected. This position will report to the Deputy City Manager of Operations. • Deputy Chief Michael Thomas was selected to serve as Interim Fire Chief upon departure of Chief Hezedean Smith, assuming responsibility October 21. • He thanked Chief Smith for successful succession planning and wished him well as he assumes the Fire Chief role in Polk County, Florida. Quarterly Financial Update Krisy Hammill, Director of Budget, provided a financial summary for the first quarter of Fiscal Year 2023. Jason Vandever, City Treasurer, provided an update on the city's investment portfolio. COMMUNITY MATTERS Mayor Snook opened the floor for comments from the public. 1. Anthony Haro, Blue Ridge Area Coalition for the Homeless, spoke in support of funding proposed in Agenda Item #19. 2. Tanesha Hudson, thanked City Manager Rogers for announcing the first black Deputy Chief Michael Thomas in the history of the Charlottesville Fire Department, who will become Interim Fire Chief. She commended Chief Hezedean Smith for a job well done and she recognized Lance Blakey as the first black Battalion Chief. She expressed concerns about too few police working at night, and she stated that pay is not competitive with neighboring localities. 3. Rosia Parker, city resident, expressed disappointment at the departure of Hansel Aguilar, Executive Director of the Police Civilian Oversight Board. She was concerned about having the voice of the people heard. Regarding recent gun violence, she stated that more activities are needed. ACTION ITEMS 10. PUBLIC HEARING/ORDINANCE: Vacation of Public Utility Easement at 209 Maury Avenue City Attorney Lisa Robertson presented the request. Mayor Snook opened the public hearing. With no speakers coming forward the public hearing Page 12 of 231 was closed. On motion by Payne, seconded by Pinkston, Council by the following vote ADOPTED the ordinance: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). ORDINANCE VACATING AN EXISTING PUBLIC UTILITY EASEMENT ON LOTS IDENTIFIED ON CITY TAX MAP 17 AS PARCELS 18.4, 18.5 AND 18.6, AND ACCEPTING A DEDICATION OF 0.018 ACRE OF ADDITIONAL PUBLIC STREET RIGHT OF WAY ALONG STADIUM ROAD 11. ORDINANCE: To amend, re-ordain and re-enact Section 14-19 of the City Code, to clarify the businesses subject to taxation at the rate specified within Subclassification H of Section 14-19 Todd Divers, Commissioner of the Revenue, presented the request. On motion by Payne, seconded by Pinkston, Council by the following vote ADOPTED the ordinance, passing on one reading with at least 4/5 affirmative vote: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). ORDINANCE TO AMEND, RE-ORDAIN AND RE-ENACT SECTION 14-19 OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED, TO CLARIFY THE BUSINESSES SUBJECT TO TAXATION AT THE RATE SPECIFIED WITHIN SUBCLASSIFICATION “H” OF SECTION 14-19. 12. ORDINANCE: To amend, re-ordain and re-enact Chapter 30, Article 9 of the City Code (Transient Occupancy Tax), to incorporate state legislative changes pertaining to collection of tax revenues from lodging intermediaries, and to update definitions of terms used in Article 9 Mr. Divers presented the request and answered clarifying questions for Council. On motion by Payne, seconded by Pinkston, Council by the following vote ADOPTED the ordinance, passing on one reading with at least 4/5 affirmative vote: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). ORDINANCE TO AMEND AND RE-ORDAIN CHAPTER 30 (TAXATION), ARTICLE IX (TRANSIENT OCCUPANCY TAX), OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED, TO INCORPORATE STATE LEGISLATIVE CHANGES PERTAINING TO COLLECTION OF TAX REVENUES FROM LODGING INTERMEDIARIES, AND TO UPDATE DEFINITIONS OF TERMS USED IN ARTICLE IX 13. ORDINANCE: To amend, re-ordain, and re-enact Chapter 30, Article 17 of the City Code (Cigarette Tax) Mr. Divers presented the request. On motion by Pinkston, seconded by Wade, Council by the following vote ADOPTED the Page 13 of 231 ordinance, passing on one reading with at least 4/5 affirmative vote: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). ORDINANCE TO AMEND, RE-ORDAIN, AND RE-ENACT CHAPTER 30, ARTICLE XVII OF THE CITY CODE (CIGARETTE TAX), TO REFLECT THE CITY’S MEMBERSHIP IN THE BLUE RIDGE CIGARETTE TAX BOARD 14. ORDINANCE: To amend, re-ordain, and re-enact Chapter 30, Article 4 of the City Code (Real Estate Tax Relief for the Elderly and Disabled Persons) (tabled) Mr. Divers presented the request. Mayor Snook and Mr. Divers discussed certain ordinance terminology and calculations. After discussion Council unanimously agreed to table the item to the November 7 Action Agenda for a second reading and vote. 15. RESOLUTION: Appropriating $700,000 from the CIP Contingency to Avon Fuel Station Replacement Project (carried) Michael Goddard, Facilities Development Manager, presented the request. He stated that the fuel station is in a state of becoming uninsurable. A recent accident rendered a fuel pump unusable. Mr. Pinkston asked questions about decommissioning the site, alternative options for fueling, partnering with the County, and he requested information about the seven-year payback. Mr. Rogers stated that replacing the tank is an operational necessity. Council unanimously agreed to carry the item to the November 7 Consent Agenda for second reading and vote. 16. RESOLUTION: Dogwood Housing Loan Extension Deputy City Manager Sam Sanders presented the loan extension request along with background information. On motion by Pinkston, seconded by Payne, Council by the following vote APPROVED a substitute resolution for consideration to replace the resolution that was published in the agenda packet: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). On motion by Pinkston, seconded by Payne, Council by the following vote APPROVED the substitute resolution: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). RESOLUTION Extending the Time for Repayment by Dogwood Properties, LLC of an outstanding Affordable Housing Loan from the City BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, THAT the affordable housing loan agreement with Dogwood Properties is extended through October 31, 2027, under the same terms as the existing loan agreement. Page 14 of 231 17. RESOLUTION: Approving Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) Guidelines City Attorney Lisa Robertson presented a summary of the request to allow implementation of PPEA Guidelines. She noted that typos in the Guidelines would be corrected. Regarding the fee, she clarified that staff's recommendation is $1500. On motion by Pinkston, seconded by Payne, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Magill, Payne, Pinkston, Snook, Wade; Noes: none). RESOLUTION Approving Guidelines for the Consideration and Approval of Proposals Public Private Partnerships WHEREAS, the Charlottesville City Council concurs with and adopts the findings of the Virginia General Assembly, set forth within Virginia Code Sec. 56-575.2 (A)(1) through (5), including the finding that there exist inadequate resources to develop new education facilities and other public infrastructure and government facilities, and public-private partnerships can meet those needs by improving delivery schedules, lowering costs, and providing other benefits; now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville that the PPEA Guidelines proposed to Council October 17, 2022 are hereby approved and adopted. 18. RESOLUTION: Appropriating $107,203.32 for Jefferson School African American Heritage Center Rent Agreement (carried) Mr. Sanders presented the appropriation request to cover rent from December 1, 2022 to June 30, 2023. This payment covers the beginning phase of the new rental agreement that the Jefferson School African American Heritage Center (AAHC) will execute to occupy space within the Jefferson School City Center. The funding is intended to go directly to the AAHC for them to remit payment on their own behalf. The reason for bringing forward the request at this moment was to provide City Council the space to conduct Strategic Planning session to determine how it will engage in funding requests and investment arrangements with non-profit organizations. Council unanimously agreed to carry the item to the November 7 Consent Agenda for a second reading and vote. 19. RESOLUTION: Appropriating American Rescue Plan (ARP) Funds $565,000 (carried) Chris Cullinan, Director of Finance, presented the appropriation request. Mr. Snook asked about the long-term expectation for the Premier Circle housing solution. Mr. Anthony Haro explained that the long-term expectation is that the property will be developed as permanent supportive housing and affordable housing. Mr. Pinkston asked about current usage at Premier Circle. Mr. Haro explained the set-up as non- congregate emergency sheltering and spoke about the possibility of a year-round shelter. Mr. Jason Page 15 of 231 Whitehead explained PACEM operations. Mr. Payne asked about a cost associated with emerging needs and permanent public housing beyond the amount in the presented resolution and Mr. Haro stated that he would bring the information back to Council. Council unanimously agreed to carry the item to the November 7 Consent Agenda for a second reading and vote. 20. RESOLUTION: Appropriating Funds for Bag Distribution in Connection with Plastic Bag Tax - $20,000 (carried) Mr. Sanders presented the appropriation request, which would provide funds for the purchase of reusable grocery bags for SNAP and WIC-eligible households at the onset of the plastic bag tax on January 1, 2023. Council unanimously agreed to carry the item to the November 7 Consent Agenda for second reading and vote. COMMUNITY MATTERS (2) Mayor Snook opened the floor for comments from the public. - Tanesha Hudson asked why the Equity Fund did not receive continual funding. She spoke about the avoidance of conflicts of interest in working with organizations using the PPEA Guidelines. She stated that public housing needs improvement in order to improve gun violence. Adjournment The meeting adjourned at 8:57 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 16 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Approval and Appropriation Presenter: Chris Carr, Management Specialist II Staff Contacts: Chris Carr, Management Specialist II Dana Kasler, Director of Parks and Recreation Title: Approving and appropriating grant funds for Virginia Department of Education Special Nutrition Program - Child and Adult Care Food Program - $50,000 (2nd reading) Background The City of Charlottesville, through Parks and Recreation, has received approval for a reimbursement of up to $50,000 from the Virginia Department of Education Special Nutrition Program to provide free dinner to children 18 and under attending our drop-in afterschool programs through their Child and Adult Care Food Program. Discussion Charlottesville Parks and Recreation will operate an afterschool meals program for 36 weeks, during the regular school year. There are currently 4 locations, Friendship Court, Greenstone on 5th, South First Street, and Westhaven Community Centers that serve children 18 years and under. The reimbursement will cover the costs of a nutritious dinner at these locations, which also have an educational/enrichment component. Dinner will be served from 4:30-6:30 pm at the various community centers. Most of the children served receive free or reduced meals during the school year. Over 400 children will be served each week during the school year. The dinners are purchased through the City of Charlottesville School Food Service. The Parks and Recreation Department pays the bills to the City of Charlottesville Food Service and is then reimbursed by the Virginia Department of Education Special Nutrition Programs. Alignment with City Council's Vision and Strategic Plan Approval of this agenda item aligns directly with Council’s vision for Charlottesville to be America’s Healthiest City and it contributes to Goal 2 of the Strategic Plan - Healthy and Safe City. Children will receive a nutritious dinner, hopefully replacing a meal that did not exist or providing a healthier balanced option for them. Community Engagement N/A Page 17 of 231 Budgetary Impact There is no impact to the General Fund. The funds will be appropriated, expensed, and reimbursed to a Grants Fund. There is no required local match for this program. Recommendation Staff recommends approval and appropriation of funds, Alternatives If money is not appropriated, the free dinner program will not be offered to youth, most of whom receive free or reduced meals during the school year. Attachments 1. Resolution_VA Department of Education After School Meals Program Appropriation $50,000 Page 18 of 231 APPROPRIATION Virginia Department of Education Special Nutrition Program Child and Adult Care Food Program $50,000 WHEREAS, the City of Charlottesville, through Parks and Recreation, has received approval for reimbursement up to $50,000 from the Virginia Department of Education Special Nutrition Program to provide free dinner to children attending select drop-in afterschool centers; and WHEREAS, the grant award covers the period from period October 1, 2022 through September 30, 2023; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $50,000, received from the Virginia Department of Education Special Nutrition Program is hereby appropriated in the following manner: Revenue – $ 50,000 Fund: 209 Internal Order: 1900503 G/L Account: 430120 Expenditures - $50,000 Fund: 209 Internal Order: 1900503 G/L Account: 530670 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $50,000 from the Virginia Department of Education Special Nutrition Program. Page 19 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Consideration of an application for a Special Use Permit Presenter: Dannan OConnell, Planner Staff Contacts: Dannan OConnell, Planner Title: Considering a Special Use Permit request for 901 Seminole Trail and 1801 Hydraulic Road (1 reading) Background 901 Seminole Trail LLC, represented by Riverbend Development, is requesting a Special Use Permit (SUP) pursuant to Code Sec. 34-796 and Sec. 34-158 to construct a restaurant with a drive-through window at 901 Seminole Trail. The applicant wishes to modify setback requirements for 901 Seminole Trail and 1801 Hydraulic Road as part of this request. The Subject Property includes both parcels, identified as Tax Map and Parcel 41B001000 owned by 901 Seminole Trail LLC, and 41B002000 owned by Peyton Associates Partnership. The Subject Property has street frontage on Hydraulic Road, Seminole Trail, Hillsdale Drive and India Road. The proposed drive-through will have a main building fronting on Seminole Trail and Hydraulic Road with parking, a dumpster, and ingress/egress as part of the Hillsdale Place shopping center. The Subject Property is currently being redeveloped under a final site plan which includes a drive-through restaurant, a financial use, and two standalone commercial building pads, in addition to modifications to the existing large shopping center building. The Subject Property is zoned HW (Highway Mixed Use Corridor) with an Entrance Corridor overlay. Discussion The Planning Commission held a hybrid virtual and in-person joint Public Hearing with City Council on November 8, 2022, on this matter. The Planning Commission and City Council had the following comments on concerns: • Concern that proposed VDOT road improvements along Hydraulic Road and Seminole Trail could impact the development. • Compatibility of the request with the long-term vision of the 29-Hydraulic Small Area Plan. • Lack of pedestrian accessibility to the site from the adjacent intersection of Hydraulic Road and Seminole Trail. • Increased vehicle congestion if the proposed restaurant closed its indoor dining area and operated solely as a drive-through restaurant use. The applicant indicated to Planning Commission and City Council that they had collaborated with VDOT on the design of this site and were confident that any currently proposed road work would not affect the layout of the proposed use. They clarified that the proposed new setbacks for the Subject Property, included as recommended conditions by City staff, were chosen to grant some flexibility Page 20 of 231 regarding building locations for the development. Planning Commissioners generally agreed that the proposed use was acceptable given the auto-oriented commercial nature of the area, but voiced concerns regarding pedestrian accessibility and potential vehicle congestion if the restaurant operated with its indoor dining area closed, as other restaurants have done during the COVID-19 pandemic. Planning Commission recommended two additional SUP conditions to address these concerns. Staff note: A recording of the meeting can be found at the following link. Discussion starts at the 51:00 mark. Link to Recording of Public Hearing Staff note: The full application for this project can be found at the following link. Materials start on page 101. Link to Staff Report and Application Materials Alignment with City Council's Vision and Strategic Plan If City Council approves the Special Use Permit request, the project could contribute to Goal 4: A Strong, Creative and Diversified Economy, 4.2 Attract and cultivate a variety of businesses. Community Engagement The applicant held a community meeting on August 16, 2022. No members of the public were in attendance at the meeting. Staff has received no emails or phone calls expressing concerns with the development. On November 8, 2022 the Planning Commission and City Council held a joint Public Hearing. The Public Hearing was a hybrid meeting with the public able to join online and in person. During the Public Hearing no members of the public participated, and no public comments were received. Budgetary Impact This has no impact on the General Fund. Recommendation The Planning Commission voted 7-0 to recommend the application be approved. Suggested motion: “I move the RESOLUTION granting a Special Use Permit with conditions for Property located at 901 Seminole Trail and 1801 Hydraulic Road." Alternatives City Council may deny or indefinitely defer the requested Special Use Permit: (1) Denial: “I move to deny the Special Use Permit requested within zoning application no. SP22- 00006” (2) Deferral: “I move to defer Council action on zoning application no. SP22-00006” Page 21 of 231 Attachments 1. SUP 901 Seminole 1801 Hydraulic Page 22 of 231 RESOLUTION Granting a Special Use Permit for Property Located at 901 Seminole Trail and 1801 Hydraulic Road WHEREAS 901 Seminole Trail LLC (“Applicant”) is the contract purchaser of certain land identified within the City of Charlottesville real estate records by Real Estate Parcel Identification Nos. 41B001000 and 41B002000 (together, the “Subject Property”), which has frontage on Seminole Trail, Hydraulic Road, Hillsdale Drive, and India Road; and WHEREAS the Subject Property is located in the Highway Mixed Use Corridor zoning district, subject to the Entrance Corridor Overlay district regulations, and according to the Use Matrix set forth within City Code 34-796, restaurants are a permissible use of the Subject Property but a restaurant with a drive-through window is permissible only if authorized by City Council by special use permit; and WHEREAS the specific development proposed by the Applicant is described in detail within the application materials submitted in connection with SP22-00006, as required by City Code §34-158 (collectively, the “Application Materials”); and WHEREAS the City Council and the Planning Commission conducted a joint public hearing on November 8, 2022, following public notice given in accordance with applicable law; and WHEREAS at their November 8, 2022 meeting, the Planning Commission considered and voted to recommend approval of this request, subject to conditions recommended within the Staff Report and modified during their meeting; now, therefore, BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that a Special Use Permit is hereby granted, to allow a drive-through restaurant as a permissible use of the Subject Property subject to the following conditions: (1) The drive-through restaurant use shall be allowed only within the current boundaries of the 901 Seminole Trail parcel (41B001000); (2) The maximum setback off Seminole Trail, for the 901 Seminole Trail (41B001000) and 1801 Hydraulic Road (41B002000) parcels, shall be 75 feet; (3) The maximum setback off Hydraulic Road, for the 901 Seminole Trail (41B001000) and 1801 Hydraulic Road (41B002000) parcels, shall be 75 feet; (4) The maximum setback off India Road, for the 901 Seminole Trail (41B001000) and 1801 Hydraulic Road (41B002000) parcels, shall be 75 feet; (5) The maximum setback off Hillsdale Drive, for the 901 Seminole Trail (41B001000) and 1801 Hydraulic Road (41B002000) parcels, shall be 50 feet; Page 23 of 231 (6) A pedestrian pathway shall be created by the landowner, to provide access to the Subject Property from the intersection of Seminole Trail and Hydraulic Road and such pathway shall be handicapped accessible, or as much so as practically possible; and (7) A sit-down dining area for the restaurant, or an alternate “walk-up” window, shall be provided and shall remain open to the public at all times when the drive-through window is in operation. Page 24 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Consideration of an application for a Special Use Permit Presenter: Matthew Alfele, City Planner Staff Contacts: Matthew Alfele, City Planner Title: Considering a Special Use Permit request at 211 Albemarle Street (1 reading) Background Pilgrim Baptist Church (owner) has submitted an application requesting a Special Use Permit (SUP) pursuant to City Code Sec. 34-796, Sec. 34-420, and Sec. 34-158 to operate a Daycare Facility for fifteen (15) children within the existing church structure at 1113 5th Street SW or the Subject Property. The Subject Property is identified as Tax Map and Parcel 310025000 and has frontage on Albemarle Street and West Street. The Subject Property is split zoned between CC (Central City Mixed Use Corridor) and R-1S (Residential Small Lot. Discussion The Planning Commission held a hybrid virtual and in-person joint Public Hearing with City Council on November 8, 2022, on this matter. The Planning Commission and City Council had the following comments: • The operation hours of the Daycare Facility should not be limited. • This use is very much needed in this area. Both Planning Commission and the City Councilors present were very supportive of the proposal and would like to see the Daycare Facility grow beyond the fifteen (15) children requested. Staff note: A recording of the meeting can be found at the following link. Discussion starts at the 00:28 minute mark. Link to the Public Hearing recording Staff note: The full application for this project can be found at the following link. Materials start on page 74. Link to Application Materials and Staff Report Alignment with City Council's Vision and Strategic Plan Page 25 of 231 If City Council approves the Special Use Permit request, the project could contribute to Goal 4: A Strong, Creative and Diversified Economy, 4.2 Attract and cultivate a variety of businesses. Community Engagement The applicant held a community meeting on site October 6, 2022, to engage the community and inform them about the proposed Daycare Facility. Those in attendance identified as community members and members of the congregation. A project explanation was provided and those in attendance provided support. Budgetary Impact This has no impact on the General Fund. Recommendation The Planning Commission voted 7-0 to recommend the application be approved. Suggested motion: “I move the RESOLUTION granting a Special Use Permit with conditions for a Daycare Facility located at 211 Albemarle Street". Alternatives City Council may deny or indefinitely defer the requested Special Use Permit: (1) Denial: “I move to deny the Special Use Permit requested for a daycare facility at 211 Albemarle Street” (2) Deferral: “I move to defer Council action on zoning application no. SP22-00010” Attachments 1. RES - SUP 211 Albemarle St Page 26 of 231 RESOLUTION Granting a Special Use Permit for a Daycare Facility at 211 Albemarle Street WHEREAS Pilgrim Baptist Church Trustees (“Applicant”) are the owners of certain land identified within the City of Charlottesville real estate records by Real Estate Parcel Identification No. 310025000 (the “Subject Property”), which has frontage on Albemarle Street and West Street; and WHEREAS the Subject Property is subject to two separate zoning district classifications: the Central City Mixed Use Corridor District and R-1S (Residential Small Lot). According to the Use Matrices set forth within City Code 34-420 and 34-796, a daycare facility is permitted by right in the Central City Mixed Use Corridor, but both zoning districts permit the use of the Subject Property as a daycare facility; however, a daycare facility proposed within the R-1S zoning district requires a special use permit; and WHEREAS the proposed daycare facility is described in more detail within the application materials dated October 4, 2004, submitted in connection with SP22-00010, as required by City Code §34-158 (the “Application Materials”); and WHEREAS the City Council and the Planning Commission conducted a joint public hearing on November 8, 2022, following public notice given in accordance with applicable law; and WHEREAS the Planning Commission considered and recommended approval of this application at their November 8, 2022 meeting, subject to conditions recommended within the Staff Report; now, therefore, BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that a Special Use Permit is hereby granted to allow a daycare facility to be established on the Subject Subject Property subject to the following conditions: (1) The daycare facility shall not serve more than fifteen (15) students; (2) The daycare facility shall adhere to the parking and pickup/drop off plan set forth within the Application Materials. This plan will be kept on file with the City’s zoning administrator and may be updated or amended from time to time subject to advance approval by the City’s Traffic Engineer of any proposed updates or amendments. Page 27 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Approve Ordinance (2 Readings) Presenter: Chris Engel, Director of Economic Development, Samuel Sanders, Jr., Deputy City Manager Staff Contacts: Chris Engel, Director of Economic Development Samuel Sanders, Jr., Deputy City Manager Lisa Robertson, City Attorney Title: Amending the 2018 City/County Courts Memorandum of Agreement and approving a 40-year lease (1 of 2 readings) Background On December 17, 2018, the County of Albemarle and the City of Charlottesville executed an inter- governmental memorandum of agreement (MOA) to redevelop the Levy Opera House and site located at 350 Park Street to serve as a co-located General District Court (GDC). The agreement outlines the commitments and responsibilities of each party and specifically requires the City to provide the County with parking spaces for their exclusive use prior to the commencement of court activities in the new facility. As contemplated in the MOA, the City initially explored developing a new parking structure proximate to the new courts facility on land owned by the City at 701 East Market Street. However, by resolution approved June 21, 2021 the City Council directed the City Manager and staff to halt planning for the new structure. While the Original Agreement offered options should the City fail to complete the parking structure (Section 2 (G)), the County and the City agree that pursuit of the options are not in the best interest of either party. As such, additional discussions involving City and County staff have occurred resulting in the Amendment presented herein. Discussion The Amendment replaces section 2 of the Original Agreement and deletes section 3 entirely. All other terms and conditions of the Original Agreement remain in full force and effect. In summary, the County receives exclusive control of the East Market Street Parking Lot (located at 701 East Market Street) during regular court hours which are defined as Monday through Friday from 7:00 a.m. to 6:00 p.m and during special court sessions or events which must be noticed in advance. The East Market Street Parking Lot currently includes 63 surface parking spaces. The City and Page 28 of 231 County will execute a lease to confer access to these spaces and it will be effective February 1, 2023. The term will be 20 years, with one 20-year renewal option. The City will retain full ownership of the ground and will conduct basic repairs and maintenance. The County is responsible for parking enforcement regulations during its hours of exclusive use. Should the County decide to install parking management infrastructure on the lot the cost of installation and maintenance will be the responsibility of the County. In addition, the City will provide access to 27 spaces in the Market Street Parking Garage by free validation for County Court users for up to 11 hours per day. Parking spaces in the Market Street Garage are not reserved, but Courts users would have the opportunity choose from all available spaces. Should the County install parking control equipment that reduces the number of available spaces in the East Market Street Parking Lot, the City will provide additional free parking validation hours in the Market Street Garage to accommodate the number of parking spaces lost. The Amendment retains those County options defined in the MOA should the City be unable to meet its obligations to provide parking for County Courts users. The Amendment includes a third option, requiring the City to convey to the County ownership of the Market Street Parking Lot parcel at a price based on the then-current appraised value of the property. Alignment with City Council's Vision and Strategic Plan This action aligns with the Council’s Vision for a connected community that enables convenient transit supporting mixed-use development. This action aligns with the City Council’s Strategic Plan Goal Four: A Strong Diversified Economy. Community Engagement The City and County both had significant engagement from the legal and justice system communities regarding the ultimate decision on where and how to expand the court facilities. Budgetary Impact No new funding is being requested. The City will lose parking revenue of approximately $105,000 annually. Recommendation Staff recommends that, contingent on approval of the amendment by the County Board of Supervisors as scheduled for December 7, 2022, the Council approves the amendment and authorizes the City Manager to execute the Lease. Suggested Motion: "I move the ORDINANCE to approve an amended Agreement with Albemarle County for a shared court facility and to approve a 40-year Lease of the 7th Street Parking Lot to Albemarle County, to be used for County Courts parking." Alternatives Attachments 1. ORD to Approve Lease of 7th Street Parking Lot and Amended MOA Page 29 of 231 2. 701 Market Street Parking Lot Lease 11.21.22 3. Amendment to Courts Agreement_Draft 11.8.2022 4. Co.City.ExpandCoCC,GDC.CiGDC.MOA.12.17.18 Page 30 of 231 ORDINANCE To Approve an Amended Agreement and to Approve a 40-year Lease of the Surface Parking Lot at 702 East Market Street to Albemarle County During Designated Hours BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, THAT the following agreement and lease are approved: 1. Amendment to the Memorandum of Agreement between the City of Charlottesville and Albemarle County To Facilitate the Expansion, Renovation, and Efficient and Safe Operation of the Albemarle Circuit Court, the Albemarle General District Court, and the Charlottesville General District Court, and 2. City of Charlottesville Agreement for a Lease of the Surface Parking Lot at 701 East Market Street by the City of Charlottesville to the County of Albemarle, for a term of 40 years (20 years, plus one 20-year renewal) to be used by Albemarle County as parking for County Courts; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the above-referenced Amendment to the Memorandum of Agreement and the City of Charlottesville Lease Agreement, as the agent of City Council. Page 31 of 231 CITY OF CHARLOTTESVILLE LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter, “Lease” or “Lease Agreement”) is made and entered into this ______________________ day of ______________________, 20____________, by and between THE CITY OF CHARLOTTESVILLE, VIRGINIA, a Virginia municipal corporation, herein referred to as the “City” or the “Landlord,” and the COUNTY OF ALBEMARLE, VIRGINIA, herein referred to as the “County” or the “Tenant.” WITNESSETH: ARTICLE I. PROPERTY A. Landlord owns certain land and improvements (“The Property”) located at 701 East Market Street, Charlottesville, Virginia. For and in consideration of the payment by Tenant of the rent hereinafter reserved and the performance by Tenant of the covenants and agreements hereinafter agreed to be performed by it, Landlord does hereby lease, let, and demise unto Tenant the right of exclusive use and possession of said property during specified hours. Exhibit A, attached and incorporated herein by reference, sets forth the dimensions and characteristics of the Property. Tenant shall have exclusive right to the use and possession of the Property, during days and hours in which the County’s Circuit Court and/or General District Court (“County Courts”) is/are in session, more specifically: 1. Weekdays--Monday through Friday each week, from 7:00 a.m. to 6:00 p.m. each day, excepting holidays observed by the County Courts. 2. Special Events or Sessions—any day(s) other than the weekdays specified above, and any weekday hour(s) after 6:00 p.m., when any judicial proceeding or other event within the County Court(s) is scheduled. Immediately upon the scheduling of any special court event or special session, Tenant shall notify the City’s representative in writing. At all other times, the Landlord shall retain all of its rights as to the use and possession of the property, and Tenant shall not take any action that would hinder or prevent Landlord’s use of the Property, and the parking spaces located therein, at all other times. ARTICLE II. TERM The term of this Lease shall be for a period of twenty (20) years (“Term”), commencing on February 1, 2023 (“Commencement Date”), and expiring at midnight on February 1, 2043 (“Expiration Date”) 1 Page 32 of 231 unless sooner terminated by the parties in accordance with this Lease. Thereafter, unless the County notifies the City in writing of its intent to discontinue this Lease, this Lease will renew for one additional 20-year term, upon the same terms and conditions as set forth herein. Tenant may cause a Memorandum of this Lease to be recorded among the land records of the City of Charlottesville, Virginia. Landlord shall cooperate with the Tenant and shall promptly sign such Memorandum upon presentment. ARTICLE III. USE OF PROPERTY A. Management of Property. The Tenant shall use the Property for parking throughout the entire term of this Lease. Failure to maintain continuous use, except for shutdowns for repair and maintenance for a not more than 90 days, in the aggregate, per year, shall be deemed a breach of this Lease. To facilitate its use of the Property, Tenant shall have the right to install parking management infrastructure within the Property. All costs and expenses to install, maintain or replace such infrastructure shall be borne by the Tenant throughout the term of the Lease. Examples of parking management infrastructure include, but are not necessarily limited to, signage, access control gates or equipment, and payment kiosks. All signage shall be compliant with requirements of the City’s zoning ordinance, and Tenant shall be responsible for obtaining from City officials any building permits, electrical permits, zoning approvals, or other governmental approvals required for any parking management infrastructure. (The Property, together with any parking management infrastructure or other installations or alterations undertaken by the County for its purposes, shall, collectively, be the “Parking Facility”). The Tenant, at its sole discretion, may enforce parking regulations within the Property during times when it has exclusive use and possession under this Lease. No City of Charlottesville official or employee shall be asked to assist with enforcement of parking regulations, nor shall any City of Charlottesville official or employee provide assistance with parking enforcement. The Tenant’s operation of the Parking Facility during all times when the Tenant has the right of exclusive use and possession under this lease shall be the sole undertaking of the Tenant; the Landlord shall not be deemed a partner of the Tenant’s, nor shall the Landlord otherwise be deemed to be in any joint undertaking with the Tenant. B. Specific use authorized. The Property shall be used by the Tenant only as a commercial surface parking lot. Parking spaces within the Property shall be for use by the general public who have business with the Albemarle County Courts, or for judges, clerks, or staff employees of those Courts. No other use shall be made by Tenant of the Property without the advance and express written consent of the Landlord. C. Rules and regulations. Tenant agrees to observe all reasonable rules and regulations from time to time promulgated by Landlord which, in the Landlord’s judgment (to be reasonably exercised), are needed for the general well-being, safety, care and cleanliness of the Property. Such rules shall include, but are not limited to, the following: 1) The sidewalks, entries, passages, vehicular travel ways and any other parts of the Property which are not occupied by the Tenant shall not be obstructed or used for any other purpose other than ingress and egress. 2) The Tenant shall not install or permit the installation of any awnings, shades, and the like. 2 Page 33 of 231 3) Tenant shall have a parking operations plan that specifies when, and under what circumstances vehicles will be towed from parking spaces within the Property. Signs posted within the Premises shall comply with applicable legal requirements and shall provide telephone number(s) at which an employee of Tenant may be reached for customer complaints and for resolution of complaints. Tenant shall be solely responsible, financially and otherwise, for contracting with a provider of towing services. ARTICLE IV. RENT Rent. The Tenant hereby covenants and agrees to occupy the Property as Tenant of the Landlord for the term hereinabove set forth and agrees to pay to the Landlord rental therefor without offset or deduction therefrom, the sum of Ten Dollars ($10.00) in U.S. currency per year (“Rent”). The parties acknowledge that the annual Fair Market Rent for the Property is $92,412.00. The difference between the annual Rent specified for this Lease and the annual Fair Market Rent shall be deemed an in-kind financial contribution by Landlord to Tenant in support of the parties’ operation of a joint general district court complex on a different site. ARTICLE V. DAMAGE OR DESTRUCTION BY CASUALTY A. Casualty renders entirely untenantable. If during the term of this Lease, the Property are damaged by fires, floods, windstorms, earthquakes, explosions, hurricanes, tornadoes, strikes, acts of public enemy, incidences of terrorism, wars or riots, civil disturbances, acts of God, or other casualty, so that the same are rendered unsuitable for Tenant’s uses, and if said Property cannot be repaired by Landlord within ninety (90) days from the time of said damage, then this Lease shall terminate as of the date of such damage. B. Casualty renders partially untenantable. If said Property shall be partially damaged by any of the above casualties as to be partially unsuitable for Tenant’s uses, Landlord shall repair the Property promptly. C. Limitation. At any time that any parking spaces within the Property are unavailable for use due to circumstances referenced in (A) or (B) for more than seven consecutive calendar days, the Landlord shall provide an equivalent number of parking spaces in a location mutually acceptable to the parties within a one-third mile radius of the Albemarle Circuit Court building, which is the center of the area known as “Court Square”, for as long as the Property are at least partially untenantable. D. Exclusions from Landlord’s repairs. If Landlord undertakes repair of the Property under this Section, Landlord shall not be obligated to repair, restore or replace any of Tenant’s fixtures or any other personal property owned by or in the possession of Tenant and located on the Property; further, Landlord shall not be under any obligation to repair, restore or replace any alterations to the Property made by or on behalf of Tenant. ARTICLE VI. FORCE MAJEURE Except as otherwise expressly set forth herein, in the event either Landlord or Tenant shall be delayed or hindered in, or prevented from, the performance of any act or rendering of any service required under this Lease, or may be rendered unable to conduct its ongoing operations within the Property by reason of strikes, inability to obtain materials, failure of power or other utilities, restrictive governmental laws or regulations, acts of God, incidences of terrorism, wars or riots, civil disturbances, floods, earthquakes, volcanic activity, fire, explosions, epidemics or pandemics, hurricanes, tornadoes, or other 3 Page 34 of 231 reasons of a similar or dissimilar nature which are beyond the reasonable control of the Landlord or Tenant (collectively known as “Event”), then the performance of any such act or rendering of any such service shall be excused for the period of the resulting delay and the period of the performance or the rendering of the service shall be extended for a period equivalent to the period of such delay. ARTICLE VII. INSURANCE A. Required insurance coverage. Tenant shall maintain throughout the term of this Lease, with a company licensed to do business in the Commonwealth of Virginia, having a rating satisfactory to Landlord: broad form comprehensive general liability insurance (written on an occurrence basis, including contractual liability coverage). 1) The broad form comprehensive general liability insurance shall be in the minimum amount typically carried by prudent tenants engaged in commercial parking operations, but in no event shall be in an amount less than one million dollars ($1,000,000.00) combined single limit per occurrence. 2) Tenant’s property insurance shall be in an amount not less than that required to replace all fixtures, personal property and other Tenant-installed improvements located on the Property, or twenty-five thousand dollars ($25,000.00), whichever is greater. B. All such insurance shall name Landlord as an additional named insured, contain an endorsement that such insurance shall remain in full force and effect notwithstanding that the insured may have waived its claim against any person prior to the occurrence of a loss, provide that the insurer waives all right of recovery by way of subrogation against Landlord, its partners, agents and employees, and, contain an endorsement prohibiting cancellation, failure to renew, reduction in amount of insurance or change of coverage (1) as to the interests of Landlord by reason of any act or omission of Tenant, and (2) without the insurer’s giving Landlord thirty (30) days’ prior written notice of such action. Tenant shall deliver evidence of all required insurance and receipts evidencing payment of the premium for such insurance (and, upon request, copies of all required insurance policies, including endorsements and declarations) to Landlord on or before the Commencement Date and at least annually thereafter. ARTICLE VIII. LOSS OR DAMAGE TO PROPERTY OR PERSONS All personal property and fixtures belonging to the Tenant, located on or about the Property shall be there at the sole risk of the Tenant; and neither the Landlord nor Landlord’s agent shall be liable for the theft or misappropriation thereof nor for any damage or injury thereto, nor for damage or injury to the Tenant or any of its officers, agents or employees or to other persons or to any property caused by fire, explosion, water, gas, electricity, or due to any other cause whatsoever, unless resulting from the willful acts of the Landlord, its employees, agents or representatives. Tenant shall give immediate notice to Landlord in case of fire or accident in the Property or of any defects, damage or injury therein or in any fixtures or equipment. ARTICLE IX. REPAIRS AND MAINTENANCE--TENANT A. Surrender Obligation. At the expiration or earlier termination or cancellation of this Lease, Tenant shall surrender the Property to Landlord in as good condition as at the time of delivery, subject to reasonable wear and tear. 4 Page 35 of 231 B. Landlord rights. If Tenant fails to perform any of its obligations under this Article, then Landlord may perform such obligations and Tenant will pay as additional Rent to Landlord the cost of such performance, including an amount sufficient to reimburse Landlord for overhead and supervision, within thirty (30) calendar days after receipt of Landlord’s written demand therefor. Tenant’s obligation under this paragraph shall survive the expiration or termination of this Lease. ARTICLE X. REPAIRS AND MAINTENANCE--LANDLORD A. Maintenance, generally. Maintenance of the Property, other than as set forth in the foregoing Article, shall be provided by Landlord. Landlord’s maintenance responsibility shall include removal of snow and ice from parking areas, onsite walkways, and adjacent public sidewalks and grass mowing. In order to ensure the safety of users of the lot when County courts are in operation, Tenant reserves the right, but not the obligation, to remove snow and ice from the Property, at Tenant’s own expense, if not timely removed by the Landlord. B. Capital maintenance. The Landlord shall, at its expense, maintain the pavement and painted parking space lines in good condition and shall repair the same with reasonable diligence when necessary. C. Timing. Landlord shall use reasonable diligence in scheduling maintenance to take place at a time and in a manner so as not to unreasonably interfere with Tenant’s normal parking use; provided, however, that Landlord shall not be required to perform maintenance at night, or on weekends, if, in Landlord’s sole discretion, that would not be efficient from either a budgetary or a practical perspective. Landlord shall give reasonable advance notice to Tenant of scheduled maintenance activities, so that Tenant can adjust its operations accordingly. If planned maintenance or repair activities will render any parking spaces within the Property unavailable for Tenant’s exclusive use for more than seven consecutive calendar days, Landlord shall provide an equivalent number of parking spaces in a location mutually acceptable to the parties within a one-third mile radius of the Albemarle Circuit Court building, which is the center of the area known as “Court Square”, for the remaining duration of the repair or maintenance activities. ARTICLE XI. SERVICES AND UTILITIES A. Separately metered utilities. If, and to whatever extent, any electric, telephone or other utility service(s) are required by Tenant for its parking infrastructure, and such services cannot be separately metered, Tenant shall place all utilities serving the Property in the Tenant’s name and be solely responsible for associated costs. B. Tenant shall be solely responsible for all other utility or other services required by Tenant for or in connection with its use of the Property (such as internet service, trash removal, etc.). ARTICLE XII. ALTERATIONS BY TENANT A. Alterations Prohibited Without Landlord Consent. Tenant shall not make any alteration or improvement to the Property, and shall not install any parking infrastructure, without first submitting plans for such to the Landlord for review and approval. B. Procedure; Review of Drawings and Specifications. In the event Tenant proposes to make any alteration or physical improvement to the Property, Tenant shall first submit to Landlord for prior written approval: (a) detailed drawings and specifications, and (b) all other documents and information as Landlord may reasonably request in connection with such alteration (including, 5 Page 36 of 231 without limitation, materials proposed to be submitted in connection with required building permit applications, zoning approvals, or other governmental requirements). Approval of drawings and specifications under the provisions of this Lease shall not constitute any representation or warranty by Landlord as to the accuracy, adequacy, sufficiency or propriety of such drawings and specifications or the quality of workmanship, or the compliance of such alteration with applicable legal requirements (such compliance to be determined only by the governmental authorities responsible for enforcement of such requirements). Tenant shall pay the entire cost of the alteration and, if requested by Landlord, shall deposit with Landlord, prior to the commencement of the alteration, security for the payment and completion of the alteration in form and amount required by Landlord. Each alteration shall be performed in a good and workmanlike manner, in accordance with the drawings and specifications approved by Landlord and shall meet or exceed the standards for construction and quality of materials established by Landlord for the Property. In addition, each alteration shall be performed in compliance with all applicable legal requirements and all regulations and requirements of Landlord’s and Tenant’s insurers. Each alteration, whether temporary or permanent in character, unless otherwise specified, made by Tenant in or upon the Property (excepting only Tenant’s furniture, removable equipment and removable trade fixtures) shall become Landlord’s property and shall remain upon the Property at the expiration or termination of this Lease without compensation to Tenant. Notwithstanding the foregoing, Landlord shall have the right to require Tenant to remove any alteration at Tenant’s sole cost and expense. Upon completion of alterations or improvements, Tenant shall provide to the City copies of as-built drawings, in the form of a CAD disc. C. ADA Compliance. Tenant acknowledges that the Property may constitute a place of public accommodation or a facility under Title III of the Americans with Disabilities Act (the “ADA”). Any alteration or improvement to the Property, and parking infrastructure, must comply with accessibility standards set forth in the rules promulgated by the Department of Justice at 28 C.F.R. 36.101 et seq. Parking infrastructure installed by Tenant shall comply with applicable ADA and accessibility standards. D. Liens. Upon completion of any alteration or improvement, Tenant shall promptly furnish Landlord with sworn contractor’s acknowledgements of payment in full and final waivers of lien in form and substance satisfactory to Landlord covering all labor and materials included in such alteration. Tenant shall not permit any mechanic’s lien to exist against the property, or any part thereof, arising out of any alteration performed, or alleged to have been performed, or any service or work or material provided or furnished to Tenant or the Property by or on behalf of Tenant. If any such lien exists, Tenant shall, within ninety (90) days thereafter, have such lien discharged of record or deliver to Landlord a recordable bond in form, amount, and issued by a surety satisfactory to Landlord indemnifying Landlord against all costs and liabilities resulting from such lien and the foreclosure or attempted foreclosure thereof, to the extent permitted by Virginia law. Nothing herein constitutes a waiver of either party’s sovereign immunity. If Tenant fails to have such liens so released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including expenses and attorneys’ fees. 6 Page 37 of 231 ARTICLE XIII. REPRESENTATIONS OF TENANT Tenant acknowledges and represents that it has had an opportunity to inspect the Property, and that the Property are in good order and repair. Tenant accepts the Property “as-is” and acknowledges that, based on its own inspection of the Property, the Property are suitable for its intended purposes. ARTICLE XIV. COMPLIANCE WITH LAWS AND REGULATIONS The Tenant shall, at its own expense, properly and promptly comply with and execute all laws, ordinances, rules, regulations and requirements, as the same now exist or as the same may hereafter be enacted, amended or promulgated by any federal, state or municipal authority, and/or any department or agency thereof, relating to the Tenant’s use of the Property or of the operation of the Tenant’s parking therein. ARTICLE XV. DEFAULT BY TENANT A. Events of Default. Tenant shall be deemed to be in default under this Lease, if: 1) Tenant shall fail or neglect to keep and perform each and every one of the other covenants, conditions and agreements herein contained and on the part of the Tenant to be kept and performed, within thirty (30) days after written notice from the Landlord specifying the items alleged to be in default, unless (1) the curing of such default will take more than thirty (30) days, in which event Tenant shall be deemed to be in default only if it does not commence the curing of such default within the said thirty (30) day period and carry it, in good faith, to prompt completion; or (2) the Tenant shall, in good faith, dispute the existence of any default or the extent of its liability therefor, in which event the Tenant shall be deemed to be in default only if it fails, within thirty (30) days after the agreement or final adjudication, to commence the curing of such default as is adjudged to exist or which the Landlord and the Tenant shall agree exists, and to carry it, in good faith, to prompt completion; In the event the Tenant abandons the Property, either (i) by removing all of Tenant’s personal property and fixtures from the Property, or (ii) by Tenant’s failure to occupy the Property for a period in excess of ninety (90) days for reasons other than a force majeure event, the Landlord may, at its option, accelerate the entire unpaid balance of the basic annual rent for unexpired portion of the Lease, and take action to collect same as the Landlord deems appropriate. The Landlord may re-enter the Property, and such re-entry shall not be deemed a surrender and termination of the Lease. It shall be deemed to be a retaking for the purpose of re-letting the Property and the Landlord may make such alterations, improvements, repairs, etc. as it deems necessary to prepare the Property for re-letting. Neither the Landlord’s re-entry nor failure to re-enter shall be deemed a waiver of any claim it may have against the Tenant for the remaining portion of the Lease. The Tenant remains liable to the Landlord for the entire unpaid balance plus all damages that the Landlord may have suffered by reason of Tenant’s abandonment, less credit given for any rental received by the Landlord from a successor tenant. If the successor tenant pays a rent that exceeds the rent obligation of the Tenant hereunder, the Landlord shall be under no obligation to the Tenant to account for or pay over such excess. B. If a material default of any covenant, condition or agreement contained in this Lease shall exist, Tenant’s right to possession shall thereupon cease and Landlord shall be entitled to the possession of said Property and to re-enter the same without demand for rent or for possession. Landlord may proceed forthwith to recover possession of said Property by process of law, any notice to quit or of intention to exercise such option or to re-enter said Property being hereby EXPRESSLY WAIVED BY TENANT. Further, Landlord at its sole option may accelerate the unpaid rent for the unexpired 7 Page 38 of 231 portion of the Lease, giving credit for any proceeds from the re-letting in whole or in part of the Property and improvements by Landlord to others. Tenant will be liable to Landlord for all court costs and reasonable attorney’s fees in the event Tenant shall become in default and Landlord incurs court costs and/or attorney’s fees in obtaining possession of the Property or in the enforcement of any covenant, condition or agreement herein contained, whether through legal proceedings or otherwise, and whether or not any such legal proceedings be prosecuted to a final judgment. C. Remedies for Default. Upon the occurrence of a material Default, Landlord may elect to terminate this Lease, or, without terminating this Lease, Landlord may terminate Tenant’s right to possession of the Property—in either case, after giving written notice thereof to Tenant. Upon any such termination, Tenant shall immediately surrender and vacate the Property and deliver possession thereof to Landlord. Tenant grants to Landlord the right, without notice to Tenant, to enter and repossess the Property, to eject Tenant and any others who may be occupying the Property, and to remove any and all personal property and fixtures therefrom, without being deemed in any manner guilty of trespass and without relinquishing Landlord’s rights to any rent or any other right given to Landlord hereunder or by operation of law. In addition, Landlord may alter any locks, access gates, or other security devices at the Property. In addition, Landlord may, but shall not be obligated, to perform any obligation of Tenant under this Lease, and if Landlord so elects, all costs and expenses paid by Landlord in performing such obligation shall be reimbursed by Tenant to Landlord on demand. D. Cumulative Remedies. Any and all remedies set forth in this Lease: (a) shall be in addition to any and all other remedies Landlord may have at law and/or in equity, (b) shall be cumulative, and (c) may be pursued successively or concurrently as Landlord may elect. The exercise of any remedy by Landlord shall not be deemed an election of remedies or preclude Landlord from exercising any other remedies in the future. E. No Waiver. No waiver of any default of Tenant shall be implied from any omission by Landlord to take any action on account of such default if such default persists or be repeated, and no express waiver shall affect any default other than the default specified in the express waiver and then only for the time and to the extent therein stated. ARTICLE XVI. DEFAULT BY LANDLORD Landlord shall be deemed to be in default under this Lease, if it shall fail to provide the Property in the condition agreed to herein, free from any interference with Tenant’s use and enjoyment thereof, or to provide all services within the standards agreed upon. In case of Landlord’s material default, Tenant shall have the option of terminating this Lease after first giving sixty (60) days’ advance written notice to Landlord and an opportunity to cure. In the event the material default is not cured within the 60-day period, the Lease shall terminate. ARTICLE XVII. SURRENDER OF PROPERTY Upon the expiration or other termination of this Lease, Tenant shall quit and surrender the Property to Landlord in good order, repair and condition, ordinary wear and tear, acts of God, fire, and other casualty (not resulting from Tenant’s or Tenant’s agents’, employees’ or invitees’ acts or omissions) excepted. Tenant shall on the day of expiration or termination of this Lease, or prior to such date, 8 Page 39 of 231 remove all property of Tenant, and Tenant shall within two weeks after expiration or termination repair all damage to the Property caused by such removal and make reasonable restoration of the Property to the condition in which they existed prior to the installation of the property so removed. ARTICLE XVIII. SIGNAGE Tenant shall have no right to erect or install canopies, marquees, or advertising devices within the area of the Property. Tenant shall have no right to erect or install any sign within the Property, except with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. All signs authorized by the Landlord must comply with applicable requirements of the City’s zoning ordinance and the Uniform Statewide Building Code. ARTICLE XIX. ASSIGNMENT AND SUBLETS A. Except as otherwise expressly authorized herein, Tenant shall not assign or sublet the Property or any part thereof to any third party. B. Tenant shall not mortgage or encumber the Property without Landlord’s written consent, which consent may be granted or withheld in Landlord’s sole and absolute discretion. C. Tenant to Remain Liable. In no event shall any Transfer (whether or not permitted hereunder) release or relieve Tenant from its obligations to fully observe or perform all of the terms, covenants and conditions of this Lease on its part to be observed or performed. D. Attorneys’ Fees. Tenant shall pay Landlord, on demand as additional rent, any attorney’s fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer. ARTICLE XX. HAZARDOUS MATERIAL A. For purposes of this Lease, “Hazardous Material” means any flammable items, explosives, radioactive material, oil, toxic substance, material or waste or related materials, including any material or substance included in the definition of “hazardous wastes,” “hazardous materials” or “toxic substances”, now or hereafter regulated under any Legal Requirements, including, without limitation, petroleum-based products, paints, solvents, lead, cyanide, DDT, printing inks, acids, pesticides, ammonia compounds and other chemical products, asbestos, medical waste, polychlorinated biphenyls, and similar compounds. “Hazardous Material” shall also include, without limitation, any materials or substances which could trigger any employee “right to know” requirements or for which any regulatory or other governmental body has adopted any requirements for the preparation or distribution of a material safety data sheet. B. Tenant shall not cause or permit any Hazardous Material to be brought upon, produced, stored, generated, used, discharged or disposed of, in, on, under or about the Property, without the prior written consent of Landlord and then only in compliance with all applicable environmental legal requirements. C. Tenant shall execute such affidavits, representations and certifications from time to time as may be requested by Landlord, concerning Tenant’s best knowledge and belief regarding the presence or absence of Hazardous Material in, on, under or about the Property and/or the Property. 9 Page 40 of 231 D. To the extent permitted by law, Tenant shall defend, indemnify and hold harmless Landlord from and against any and all claims (including, without limitation, costs and attorneys’ fees) arising from any breach of this Article. The indemnity, defense and hold harmless obligations in this Article shall be in addition to all other indemnity, defense and hold harmless obligations contained in this Lease. Nothing herein constitutes a waiver of either party’s sovereign immunity. ARTICLE XXI. NOTICES A. Any notice required or permitted by this Lease to be given by either party to the other may be hand- delivered or sent by U.S. Mail, return receipt requested, with the sender retaining sufficient proof of having given such notice. No notice required or permitted by this Lease shall be effective if given only by electronic mail. B. All notices required by this Lease, unless otherwise designated in writing, shall be given to: Tenant Mailing Address: Albemarle County Executive 401 McIntire Road Charlottesville, Virginia 22902 Delivery Address: same as above Landlord Mailing Address: City Manager 605 East Main Street Charlottesville, VA 22902 Delivery Address: same as above ARTICLE XXII. QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall have the peaceful and quiet use of the Property during the days and times specified herein, and all rights, servitudes, and privileges belonging to, or in any way appertaining thereto, or granted hereby for the terms stated, without hindrance, or interruption by Landlord or any other person or persons lawfully claiming by, through or under Landlord. ARTICLE XXIII. NO IMPLIED WAIVERS A waiver of any covenant or condition of this Lease shall extend to the particular instance only and in the manner specified and shall not be construed as applying to or in any manner waiving any further or other covenants, conditions or rights hereunder. ARTICLE XXIV. NO PARTNERSHIP CREATED Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of, or between, Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 10 Page 41 of 231 ARTICLE XXV. ENTIRE AGREEMENT; MODIFICATION A. This Lease, together with exhibits attached hereto and the parties’ Memorandum of Agreement regarding the County’s Courts Project (as amended), represents the entire understanding between the parties, and there are no other collateral or oral agreements or understandings between the parties as to any subject(s) herein contained. B. This Lease is entered pursuant and subordinate to the parties’ Memorandum of Agreement regarding the County’s Courts Project (as amended). Any rights and responsibilities of the parties thereunder, including (but not limited to) any and all obligations to provide alternate parking, survive termination of this Lease. C. This Lease shall not be modified unless in writing of equal dignity signed by both parties. ARTICLE XXVI. PARTIAL INVALIDITY If any provision of this Lease or the application thereof to any person or circumstance shall to any extent be held void, unenforceable or invalid, then the remainder of this Lease or the application of such provision to persons or circumstances other than those as to which it is held void, unenforceable or invalid shall not be affected thereby, and each provision of this Lease shall be valid and enforced to the fullest extent permitted by law. ARTICLE XXVII. BINDING EFFECT It is agreed that all of the terms and conditions of this Lease are binding upon the parties hereto, their administrators, heirs, successors and assigns, unless otherwise specified herein. All terms and conditions herein are also covenants. ARTICLE XXVIII. APPLICABLE LAW This Lease shall be governed in all aspects by the laws of the Commonwealth of Virginia, notwithstanding its conflict of laws provisions. IN WITNESS WHEREOF, the parties have caused this Lease to be executed by their duly authorized representatives, following below: [insert signature pages following] 11 Page 42 of 231 IN WITNESS WHEREOF, the Parties have executed this Lease Agreement as of the date first written above. COUNTY: THE COUNTY OF ALBEMARLE, VIRGINIA By: Jeffrey Richardson County Executive Approved as to form: County Attorney CITY: THE CITY OF CHARLOTTESVILLE, VIRGINIA By: Michael C. Rogers City Manager Approved as to form: City Attorney 12 Page 43 of 231 Exhibit A Page 44 of 231 AMENDMENT TO THE MEMORANDUM OF AGREEMENT TO FACILITATE THE EXPANSION, RENOVATION, AND EFFICIENT AND SAFE OPERATION OF THE ALBEMARLE CIRCUIT COURT, THE ALBEMARLE GENERAL DISTRICT COURT, AND THE CHARLOTTESVILLE GENERAL DISTRICT COURT THIS AMENDMENT TO THE MEMORANDUM OF AGREEMENT (the “Amendment”) is made as of _____________________ 20____, by and between the COUNTY OF ALBEMARLE, VIRGINIA (the “County”) and the CITY OF CHARLOTTESVILLE, VIRGINIA (the “City”), both of which are political subdivisions of the Commonwealth of Virginia. The County and the City may be referred to collectively as the “Parties.” R-1. The Parties previously entered into that certain Memorandum of Agreement dated December 17, 2018, concerning the expansion, renovation, and efficient and safe operation of the County’s Circuit and General District Courts and the City’s General District Court (the “Original Agreement”); and R-2. The County and the City fulfilled their respective obligations under Section 1 of the Original Agreement to sell and purchase the County’s one-half interest in the previously jointly- owned East Market Street Parcel (the “Market Street Parking Lot”); and R-3. The City elected not to construct the Parking Structure pursuant to Section 2 of the Original Agreement; and R-4. The County and the City agree that pursuit of the options available to the County as provided in Section 2(G) (Failure of the City to Complete Construction of the Parking Structure) of the Original Agreement are not in the best interest of the City or the County; NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: I. Section 2 of the Original Agreement (Parking Structure on the East Market Street Parcel) is deleted and replaced in full by the following terms: 2. Parking Provided by City. A. Total Number of Parking Spaces for County Courts Users and Employees. As detailed in Sections 2(B) and 2(C) below, the City must provide the equivalent of ninety (90) total parking spaces in the Market Street Parking Lot and the parking garage owned and operated by the City and located at 550 East Market Street, Charlottesville, Virginia (the “Market Street Garage”). At any time that parking spaces made available for the County’s use in either of these parking facilities are unavailable to the County for more than seven (7) calendar days, the City must provide equivalent parking in a location mutually acceptable to the Parties within a one-third mile radius of Court Page 45 of 231 Square. B. East Market Street Parking Lot. The City and County are to execute a lease in a form acceptable to the County and effective not later than February 1, 2023 (the “Lease”), to allow the County the exclusive use of all sixty-three (63) parking spaces in the Market Street Parking Lot at no cost, subject to the following terms and conditions: i. The County must have exclusive control over access to and the right to determine the use of the Market Street Parking Lot during the following days and times: 1. During Regular Court Hours. Each Monday through Friday, both inclusive, from 7:00 a.m. until 6:00 p.m., unless the day is a Court holiday. 2. During Special Court Sessions or Events. Any weekend day or Court holiday, or any evening after 6:00 p.m., when any County judicial proceeding or other County Court event is scheduled. The County must provide advance notice to the City of any such judicial proceeding or other County Court event. ii. The County may enforce parking regulations during its hours of exclusive use of the Market Street Parking Lot. In order to ensure that parking spaces are available to the County, the County may elect to install parking management infrastructure on the Market Street Parking Lot. The cost to install and maintain any such parking management infrastructure must be borne by the County during the term of the Lease. Examples of parking management infrastructure include (but are not limited to) signage, access control gates, and payment kiosks. iii. Throughout the term of Lease, the City must bear all costs of maintenance and repair of the Market Street Parking Lot, with the exception of any maintenance and repair required for County- installed parking management infrastructure. The County may (but is not obligated to) remove snow from the lot to ensure vehicular and pedestrian safety. iv. The Lease is to be effective for an initial term of twenty (20) years and may be renewed upon the same terms and conditions at the option of the County for an additional 20-year term. C. Market Street Garage. The City must provide the equivalent of twenty-seven (27) parking spaces to the County in the Market Street Garage by free parking validations for up to eleven (11) validated hours for each such space during the hours set forth in Section 2(B)(i)(1). 2 Page 46 of 231 This equivalent parking must be made available to the County not later than the date of issuance of the Certificate of Occupancy for the General District Court Building described in Section 5 of this Agreement. i. Except by future mutual agreement, parking spaces in the Market Street Garage will not be designated for exclusive use by the County. ii. If, in accordance with Section 2(B)(ii), the County elects to install parking management infrastructure in the Market Street Parking Lot, and such installation reduces the number of spaces usable in such lot, the number of spaces provided to the County in the Market Street Garage must be increased by a number equivalent to the reduction. Upon request of the County, the Parties must enter into an amendment to this Agreement in a form acceptable to the County to reflect any such increase. D. Failure by the City to Abide by Terms and Conditions. If the City fails to perform its obligations under this Section 2 or the Lease, the County may elect one of the following alternative remedies: i. Provide Parking in the Market Street Garage. The City must provide one hundred (100) parking spaces in the Market Street Garage on or below Level 2, as these levels were identified as of the date of this Agreement designated for the County’s exclusive use during the hours set forth in Section 2(B)(i)(1); ii. Reconvey One-Half Interest in East Market Street Parcel, Allow the County to Use the Parcel for Parking, and Pay the County. The City must convey a one-half interest in the East Market Street Parcel to the County, allow the County to use the East Market Street Parcel for parking, and pay the County, subject to the following terms and conditions: a. Reconveyance. The City must convey to the County a one- half interest in the East Market Street Parcel for the amount the City paid to the County pursuant to Section 1 of this Agreement or the then-current appraised value of such one- half interest, whichever is less, less one-half of the fair market rental value for the City’s sole use and occupancy of the East Market Street Parcel for the period that the City was the sole owner of the East Market Street Parcel; and b. Use. In addition, the County and the City must enter into a memorandum of understanding in a form acceptable to the County, providing to the County exclusive control over access 3 Page 47 of 231 to and the right to determine the use of the East Market Street Parcel; or iii. Purchase of East Market Street Parcel by the County. The City must convey to the County fee simple title to all ownership interests in the East Market Street Parcel at the then-current appraised value. The Parties may enter into a separate purchase contract in a form acceptable to the County for the County’s acquisition of the East Market Street Parcel. If the County elects the remedy set forth in either Section 2(D)(ii) or 2(D)(iii), the terms and conditions of Sections 1(B)-(E) of this Agreement will apply to the resulting valuation and/or (re- )conveyance, mutatis mutandis. II. Section 3 (Managing the Parking Structure and Maintaining the County Parking Spaces) of the Original Agreement and Section 4(F) (Reversion) of the Original Agreement are hereby deleted in their entirety. III. All other terms and conditions of the Original Agreement not replaced, superseded, or modified by this Amendment are affirmed and remain in full force and effect. Capitalized terms used in this Amendment and not defined herein are to have the meanings attributed to them in the Original Agreement. [SIGNATURE PAGE FOLLOWS] 4 Page 48 of 231 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. COUNTY: THE COUNTY OF ALBEMARLE, VIRGINIA By: Jeffrey Richardson County Executive Approved as to form: County Attorney CITY: THE CITY OF CHARLOTTESVILLE, VIRGINIA By: Michael C. Rogers City Manager Approved as to form: City Attorney 5 Page 49 of 231 Page 50 of 231 Page 51 of 231 Page 52 of 231 Page 53 of 231 Page 54 of 231 Page 55 of 231 Page 56 of 231 Page 57 of 231 Page 58 of 231 Page 59 of 231 Page 60 of 231 Page 61 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Approval of Resolution Consenting to Appointment Presenter: Michael Rogers, City Manager Staff Contacts: Michael Rogers, City Manager Title: Consent to City Manager's appointment of Chief of Police (1 reading) Background Discussion Alignment with City Council's Vision and Strategic Plan Community Engagement November 28, 2022 public forum interviews conducted by the Police Civilian Review Board Budgetary Impact n/a Recommendation The City Manager recommends approval Alternatives Attachments 1. RESOLUTION Consent to Chief Appt Page 62 of 231 RESOLUTION Giving Council’s Consent to the City Manager’s Appointment of a Chief of Police BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, pursuant to Section 20-2 of the City Code that that the City Manager’s appointment of __________________________ to the position of Charlottesville Police Chief is hereby approved by the City Council. Page 63 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Approval of Ordinance Amendment and Approval of Proposed Operating Procedures Presenter: William Mendez - PCOB Chair Staff Contacts: Lisa Robertson, City Attorney Title: Police Civilian Oversight Board Matters Background At their December 20, 2021 meeting, the City Council amended and reapproved the enabling ordinance for the Charlottesville Police Civilian Oversight Board (PCOB), amending Article XVI Chapter 2 (Administration) of the Charlottesville Code. The ordinance granted powers and authorities to the Board consistent with Virginia Code Section 9.1-601. Section 2-452(i) of the City ordinance, and Section 9.1-601(D) specify that the City Council is required to establish the policies and procedures for the Board’s performance of its duties. The Council is asked to consider the attached Operating Procedures and technical corrections to the enabling ordinance that will allow the Board to fulfill its mission. Discussion Substantively, the contents of the Operating Procedures are similar to the version sent to the Council in April, although the structure has been modified and a number of matters expected to have practical implications have been set out in greater detail. The purpose of the Operating Procedures is to implement the powers and authorities granted to the Board in Section 2-452(c) of the enabling ordinance. In the course of legal review by the City Attorney and the Board’s independent counsel, 35 articles within the previous drafts (April 2022) have been compressed into 18 sections, by combining related materials, removal of duplicative language, and simplification of some procedures. The current procedures now deal, in order, with:  The structure and authority of the Board  Membership requirements and terms, meeting schedules and procedures, a code of ethical conduct and conditions under which Board members may be removed.  Appointment and duties of the Board’s Executive Director  Receipt, screening, and processing of citizen complaints and review requests  Requirement for initiating, and procedures for conducting, independent investigations  Hearing procedures and the role of hearing examiners  Procedures for making disciplinary recommendations  Procedures for referring cases to mediation and mediation processes Page 64 of 231  The issuance of subpoenas (under limited circumstances) and the execution of audits  Board members’ rights and duties in the monitoring of peaceable assemblies, and  Community outreach and engagement A few substantive modifications have been made. Recognizing that investigations of citizen complaints and investigations of incidents have the same structure and objectives, these two functions are now combined into one procedure. Most importantly, this approach abolishes the distinction between a “Preliminary Investigative Report” and an “Investigative Report” and does away with the former. Under the new structure, all Board-initiated investigations of complaints or incidents culminate in an Investigative Report authored by the Executive Director, which then supports further Board decision making (e.g., whether the Board will hold a hearing, whether the Board will find that misconduct has occurred, etc.) Also, all procedures related to Board hearings have been combined into one module which covers both hearings after Board-initiated investigations and in support of citizen Review Requests. General procedures that apply to all hearings (rules and standards of evidence, the role of the Hearing Examiner, rules for orderly conduct during hearings, presumptions of legal conduct, etc.) are all now in one place in the Procedures. Differences across types of hearing (identity of parties, allowable findings, order of proceedings) are preserved, of course. Language has also been added to clarify the qualifications of, and procedures for, engaging Hearing Examiners. In addition, the Board’s duties in conducting audits are much more clearly defined, and a requirement for a detailed planning process before the Board engages in mediation has been added. Proposed Amendment to The Ordinance: The requested amendments of Sections 2-457 through 2-459 of the ordinance are necessary to implement the new procedures relating to investigations discussed above. The proposed language affirms the Board’s authority to hold hearings after investigating an incident, an authority that is not currently specifically included. This change would allow the procedure after a Board-initiated investigation of an incident to follow the same path as for investigation of a civilian complaint. This change obviates the requirement for a “Preliminary Investigative Report,” as noted above. Alignment with City Council's Vision and Strategic Plan The proposal contributes to Strategic Plan Goal 2, Promoting Health and Safety in the city. The proposal also contributes to Goal 5, (Responsive Organization) in that it provides citizens with expanded avenues to address concerns related to policing. Community Engagement The development of the Operating Procedures has been a nearly 2-year process during which the Board has asked for public input on several occasions. A draft of the operating procedures was provided to the City Council in April of this year and has been available for public comment since then. Input from concerned citizens received over this period has been incorporated. Budgetary Impact The PCOB is currently funded at a level that was intended to support estimated needs for fulfilling the functions specified in the enabling ordinance (responding to complaints, holding hearings, conducting investigations, public outreach, outside legal counsel, salary/benefits for an executive director, Page 65 of 231 etc.) There may be budgetary impacts if the future demand for services is less than or greater than anticipated. The magnitude of such impacts cannot be estimated at this time. Recommendation ORDINANCE (two readings): City Attorney's Office recommends adoption. (The City Manager should also be asked to confirm recommendation of adoption.) RESOLUTION: City Attorney's Office recommends approval. It is also advisable for the City Manager to confirm approval. Suggested Motion: "I move the RESOLUTION to approve Operating Procedures for the City's Police Civilian Oversight Board." Alternatives City Council may, at its discretion, decline to approve some or all of the proposed actions. Attachments None Page 66 of 231 ORDINANCE AMENDING AND REENACTING CHAPTER 2 (ADMINISTRATION), ARTICLE XVI (POLICE CIVILIAN REVIEW BOARD) WHEREAS on December 21, 2021 the Charlottesville City Council previously enacted an ordinance establishing a Charlottesville Police Civilian Oversight Board in conformity with Virginia code §9.1-601; and WHEREAS while preparing a set of policies and procedures for the performance of duties by said oversight board, as required by Virginia Code Sec. 9.1-601(D), it has become apparent that several amendments to the previously- enacted ordinance would clarify the board’s authority and allow implementation of best practices; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, that Article XVI (Police Civilian Oversight Board) of Chapter 2 (Administration) of the Code of the City of Charlottesville (1990), as amended (“City Code”) is hereby amended, reordained and reenacted to include the following: 1. Section 2-458 of the City Code shall be amended to read as follows: Sec. 2-458 - Investigations of Complaints and Incidents. (a) Compliance. Any investigation shall comply with all federal, state, and local laws, as well as with requirements for the initiation and conduct of investigations described in the procedures promulgated by the City Council under § 2-460 of this ordinance. (b) Compelled Statements. The Board may not compel a statement from any Department employee, other than by means of its subpoena powers. (c) Exclusions. The Board shall not consider complaints, incidents, claims or issues involving the following: (1) Any incident that occurred more than one year before the filing of the Complaint, or one year before the Board received notice of the incident, except as otherwise authorized by subsection (d) of this section; Page 67 of 231 (2) Except as otherwise authorized by subsection (d) of this section, a matter that was the subject of an investigation where more than seventy-five (75) days has elapsed since the Department sent notice to the Complainant informing the Complainant that the Department's Internal Affairs investigation is complete (unless the Board determines that there is good cause to extend the filing deadline); (3) Matters that are the subject of a pending criminal proceeding in any trial court, a pending or anticipated civil proceeding in any trial court (as evidenced by a Notice of Claim or a filed complaint), or any pending City of Charlottesville grievance proceeding; (4) Any financial management related issue; (5) Any complaint, incident, claim or issue where the Complainant requests that the Board not have access to their files; (6) Any complaint, incident, claim or issue that has previously been the subject of an investigation by the Board, unless substantial new information has come to the attention of the Board; (7) An allegation of misconduct only by employees of law enforcement agencies other than the Department. Such complaints should be referred to the appropriate law enforcement agency; (8) An allegation of conduct that does not violate the Charlottesville Police Policies and Guidelines, Disciplinary Orders, or Code of Conduct; (9) Any other claim outside the scope of the Board's authority expressly set forth within this Ordinance. (d) Exceptions to Time Limits. With the concurrence of the City Manager, the Board may review investigations beyond the time limits specified in subsections (c)(1) and (c)(2) if: (1) The board determines that there is good cause for doing so, or (2) As part of an audit taking place under Section 2-462(b). (e) Suspension of Investigations. If a Complaint asserts criminal conduct by an employee of the Department, or if at any point in an investigation of a Complaint or Page 68 of 231 Incident the Board becomes aware that an employee may have committed a criminal offense, the Board shall: (1) Suspend the investigation and notify the Chief of Police and Commonwealth's Attorney of the alleged conduct, ensuring that no statements obtained from the Police Department employee(s) whose actions are the subject of the matter are shared with criminal investigators or any prosecuting authority except in accordance with applicable law; and (2) Evaluate, in consultation with Board legal counsel, the City Attorney, and the Commonwealth’s Attorney, whether competing public interests and civil rights involved permit the resumption of continued, parallel investigation by the Board. (f) Subpoenas. (1) If the Board determines that there is evidence (including witnesses) not within the control of the Department that the Board is unable to obtain voluntarily, the Board by two-thirds vote may direct the Executive Director, on behalf of the Board, to apply to the Charlottesville Circuit Court for a subpoena compelling the attendance of such witness or the production of such books, papers, and other evidence, and the Court, on finding that the witness or evidence is material to the discharge of the Board's duties, may issue the requested subpoena. (2) If the Executive Director is denied access to material witnesses, records, books, papers, or other evidence within the control of the Department that the Executive Director deems necessary to perform their duties and the duties of the Board, the Executive Director may request the City Manager to require the Department to produce the requested witnesses and documents. The City Manager, or their designee, shall not unreasonably deny such a request, but may place conditions on the production of the requested witnesses and documents as necessary to preserve confidentiality for the reasons set forth in this ordinance. The City Manager, or their designee, shall issue a decision on the Executive Director’s request within 5 business days from the date of that request. Page 69 of 231 (3) If the City Manager, or their designee, denies the Executive Director’s request made pursuant to subparagraph (2) above, the Board by two-thirds vote may direct the Executive Director, on behalf of the Board, to apply to the Charlottesville Circuit Court for a subpoena compelling the attendance of such witnesses or the production of such books, papers, and other evidence. The Court, on finding that the witness or evidence is material to the discharge of the Board’s duties, shall cause the subpoena to be issued with such conditions as the Court may deem necessary to protect the Department’s concerns about the need for confidentiality. The Board shall give the City Manager and the Department reasonable notice of its intent to subpoena such witness or records and shall give the City Attorney a copy of the request for subpoena. The Board shall not unreasonably withhold its agreement to limitations on the scope of the subpoena requested by the City Manager that may be necessary to protect confidential information. The parties may request that any hearing to be held in the Circuit Court on the request for a subpoena be conducted in a closed courtroom, to the extent permitted by state law. Upon request, the court file for any such subpoena request shall be kept under seal to the extent permitted by state law. (4) If a subpoena is granted, the Board shall digitally record any interviews or depositions conducted pursuant to the subpoena and shall make copies of any documents obtained by subpoena. The Board shall provide the Department with copies of any such interview/deposition recordings and documents. The Board shall delegate its authority to subpoena and question witnesses to the Executive Director, who shall conduct any interviews, depositions, or questioning of witnesses in a non-public forum that adequately protects the privacy of the individual being subpoenaed, the confidentiality or sensitivity of information shared or sought, and the integrity of any pending or concurrent investigation. (5) In deciding whether, and under what conditions, the Circuit Court will issue any subpoena, the Court shall refer to procedures and caselaw decided under Rule 3A:12 of the Rules of the Supreme Court of Virginia. Page 70 of 231 (g) Conduct of Investigations Pursuant to §2-457(a) (1) If the Complainant asks that their Complaint be investigated by the Department, the Complaint will be investigated by the Department with monitoring by the Executive Director. When the Department’s investigation is concluded, the Department will provide the Complainant with an Investigative Report of its findings and the resolution of the Complaint and will provide the Board a summary of the Department’s resolution of the Complaint. (2) The Executive Director may actively monitor all investigations of Complaints of employee misconduct conducted by the Department and shall have access to records and witnesses to the same extent as the Department, subject to the limitations or requirements set out in this Ordinance. Such monitoring may include reviewing the investigative plan of the Department, reviewing with the Department any records within the Department’s digital evidence management system, reviewing with the Department any pertinent law enforcement records within the Department’s Records Management System, observing any and all real-time interviews of witnesses with the Department, reviewing all recorded interviews which the Executive Director chooses not to attend in real time, providing feedback during the interview to be relayed to Department staff conducting the interview, providing feedback to Department staff in determining next steps in the investigative process, and reviewing facts gained from investigation with Department staff. For active investigations, the Executive Director shall be limited in their participation to the same extent the Department is limited in its participation in such investigations. The Executive Director may monitor the Department’s administrative investigation of employee misconduct after the close of the active investigation in the same manner as all other investigations of employee conduct handled by the Department as described in this section. When monitoring Department investigations, during the pendency of the investigations the Executive Director shall not disclose information to the Board, any Board member, or any person other than as authorized in writing by the Chief of Police or the City Manager. (3) If the Complainant asks that the Complaint be investigated only by the Board, the Executive Director shall initiate an investigation on behalf of the Board. The Executive Page 71 of 231 Director will provide the Chief of Police with enough identifying information to allow the Department to give the Executive Director access to information, records and witnesses as required by §2-452(e) and (f) of this Ordinance as may be relevant to the Complaint. When the Board’s investigation is concluded, the Executive Director will provide the Board, the Complainant and the Department with an Investigative Report that includes a summary of the circumstances of the incident(s) of alleged misconduct, the evidence related to whether there was any misconduct, and any suggested findings related to each allegation. (h) Conduct of Investigations Pursuant to §2-457(b). If the Board is investigating an Incident under the authority of §2-457(b), the Board may request information from the Department, may seek subpoenas as authorized above, and may conduct an investigation of the incident. When the Board’s investigation is concluded, the Executive Director will provide the Board, the Department, and (if a complaint has been filed) the Complainant, with an Investigative Report that includes, at a minimum, a summary of the circumstances of the incident, the evidence related to whether the incident involved any police or employee misconduct, and any suggested findings related to the incident. The Executive Director may make recommendations as to whether an allegation, if substantiated, could constitute serious misconduct as defined in Sec. 2- 452(d). The Investigative Report shall also be provided to any employees identified within the Investigative Report as having committed employee misconduct. (i) Duration of Investigations. Investigations of complaints and incidents will be completed, and any Investigative Report will be submitted, within seventy-five (75) days from the date the Complaint is received, or the Board received notice of the an incident. The Board may extend the 75-day period upon request of the Police Chief or the Executive Director to protect an ongoing investigation or prosecution, or for other good cause, with notice to the Complainant and the City Manager. 2. Section 2-459 of the City Code shall be amended to read as follows: Page 72 of 231 Sec. 2- 459 – Matters on which the Board may Conduct Hearings (a) Hearings. (1) At the conclusion of an investigation of an incident or a complaint the Board may conduct a Review Hearing whose scope and procedures are described in the Board’s operating procedures, approved by City Council. Review hearings shall be defined as any hearing conducted by the Board to review the facts, issues and findings of an Investigative Report of the Department related to an Internal Affairs investigation, or of an Investigative Report of the Executive Director related to a Complaint or Incident Investigation. . (2) The Board may conclude that no hearing, or a hearing only on a limited issue, is necessary to support the Board’s decision related to a particular complaint or incident. If so, the Board may issue a report without a hearing. (b ) Within 30 days of a Review Hearing of an Internal Affairs investigation, the Board shall report their findings publicly and to the City Manager, the Police Chief, and the Complainant with respect to each allegation or issue under review as follows: (i) That the Board finds that the investigation of the Complaint was satisfactory, and the Board concurs with the findings of the investigation; (ii) That the Board finds that the investigation of the Complaint was satisfactory, but the Board does not concur with the findings of the investigation, in which case the Board may make recommendations to the City Manager concerning disposition of the Review Request; or (iii) That the Board finds that the investigation is incomplete or otherwise unsatisfactory and provides a detailed written explanation of the basis for such finding. (c) If the Board makes a finding under (b)(iii) above, the Board may conduct an independent investigation of the matter that is the subject of the complaint. The Board shall report publicly and to the City Manager, the Chief of Police and the Complainant that the Board has made one of the following findings: (i). That the Board now finds that, despite the defects in the original Internal Affairs investigation, the Boards own Investigation has produced no material evidence to dispute the original findings of the Internal Affairs Department. Page 73 of 231 (ii). The Board’s independent investigation has produced substantive new information that causes them to disagree with the findings of the Internal Affairs investigation. In this case, the Board shall make recommendations to the City Manager concerning disposition of the Complaint; or, (iii). That despite the Board’s best efforts, the evidence is insufficient to allow the Board to determine whether the findings of the Internal Affairs Investigative Report are correct. (d) Within 30 days of a Review Hearing of a Complaint or Incident investigation, the Board shall report their findings publicly and to the City Manager, the Police Chief, and the Complainant with respect to each allegation or issue under review as follows: (i). That the Board finds that the Department employee committed misconduct; (ii). That the Board finds that no Department employee committed misconduct; or (iii). That despite the Board’s best efforts, the evidence is insufficient to allow the Board to determine whether any Department employee committed misconduct. Page 74 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES TABLE OF CONTENTS 1. GENERAL OPERATING PROCEDURES 2. EXECUTIVE DIRECTOR 3. SCREENING OF COMPLAINTS 4. SCREENING OF REVIEW REQUESTS 5. GENERAL PRINCIPLES FOR PCOB INVESTIGATIONS 6. COMPLAINT AND INCIDENT INVESTIGATIONS 7. INVESTIGATION OF POLICIES, PRACTICES AND PROCEDURES 8. REFERRALS TO THE COMMONWEALTH ATTORNEY AND EXTERNAL JURISDICTIONS OR AGENCIES 9. HEARING EXAMINERS 10. REVIEW HEARINGS 11. DISCIPLINARY RECOMMENDATIONS 12. MEDIATION 13. ISSUANCE OF SUBPOENAS 14. EXECUTION OF AUDITS 15. PEACEFUL ASSEMBLY MONITORING 16. COMMUNITY ENGAGEMENT 17. CODE OF ETHICS 18. DEFINITIONS 1 Page 75 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES GENERAL OPERATING PROCEDURES Type of Policy: PCOB Operating Procedures Policy No. PCOB-1 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE Virginia Code § 9.1-601(D) states "The governing body of the locality shall establish the policies and procedures for the performance of duties by the law-enforcement civilian oversight body." The purpose of these Police Civilian Oversight Board ("PCOB" or “Board”) Operating Procedures is to set forth the policies and procedures that govern the Charlottesville PCOB in the performance of its duties. The purpose of the Board is to establish and maintain trust between and among the Charlottesville Police Department, the City Council, the City Manager, and the public. In furtherance of that goal, the Board shall provide objective and independent civilian-led oversight of the Charlottesville Police Department ("CPD" or “Department") in an effort to enhance transparency and trust, to promote fair and effective policing, and to protect the civil and constitutional rights of the people of the City of Charlottesville. II. ENABLING LEGISLATION The powers and duties of the PCOB are set forth within Virginia Code § 9.1-60, and within Charlottesville City Code § 2-452, hereinafter known as the "enabling ordinance.” III. PROCEDURES – GENERAL ADMINISTRATIVE A. Scope and Authority 1. The Board’s jurisdiction extends to all civilian complaints alleging misconduct by sworn officers and civilian employees of the Charlottesville Police Department, irrespective of duty status. For purposes of this Article, "misconduct" is defined as any conduct actionable under CPD General Orders 517.00 (Disciplinary Procedures) Parts 1 and 2, 400.05 (Bias-Based Policing), and 400.00 (Code of Conduct), as amended, as 2 Page 76 of 231 well as any other violation of procedures and policies applying to police conduct. The Board may also independently investigate incidents, including the use of force, by a law enforcement officer, death or serious injury to any individual held in custody, or serious abuse of authority or misconduct, allegedly discriminatory stops, and other incidents regarding the conduct of law enforcement officers and civilian employees of the Department. 2. The PCOB is not authorized to take any action (adoption of bylaws, enactment of resolutions, implementation of programs, expenditure of City funds, etc.) that exceeds its authority expressly set forth within the enabling legislation identified in Section 2, above. B. Board Membership and Terms of Office 1. Board members will be appointed by the City Council, after an open application process, for staggered three-year terms, as described in § 2-453(a) and (c) of the enabling ordinance. 2. Board composition shall reflect the demographic diversity of the City of Charlottesville and shall otherwise be composed as described in § 2-453(b) of the enabling ordinance. 3. The Board’s Executive Director shall monitor the terms of office being served by City- council appointed members of the PCOB. At least 60 days prior to the expiration of the term of appointment of a member, the Executive Director will notify the Office of the Clerk of Council, so that an application process can be conducted in accordance with § 2-453 of the Charlottesville City Code. 4. Members appointed by City Council to the PCOB shall serve their terms in office and thereafter may continue until replaced. 5. In the event that a member’s term has expired, the member may continue to serve in a hold-over capacity until they are either re-appointed by Council, or until Council has appointed a different person to fill the succeeding term. 6. If a member serves in a hold-over capacity, the individual appointed by City Council to fill the seat vacated by that member will serve the portion of the term remaining as of the date of appointment. If the date of appointment is made within the first three (3) months of the commencement of the established term for the vacated seat, then the new appointee shall be deemed to be serving a full term. 7. The term limits set forth in Charlottesville City Code § 2-8 shall apply to the PCOB membership. 8. Resignation – A member of the PCOB may resign, by submitting a written resignation to the Clerk of City Council, by electronic mail. The resignation will take effective immediately upon the date of submission. 3 Page 77 of 231 C. Meetings of the Board 1. Regular Meetings. Regular Meetings shall be held once per month on a schedule that is convenient to Board members. The time and location of the meetings will be determined by consultation between the Board and the City Manager. The Board may by majority vote change the time and place of regular meetings. 2. Special Meetings. Special Meetings may be called by the Board Chair or by request of any two Board members to the Chair or Executive Director. 3. Notice. Public notice of regular meetings must be provided per City policy and the Virginia Code § 2.2-3707. Whenever possible, the Board shall provide written summaries of proposed agenda items as part of the agenda package. Public notice of special meetings must be provided at the same time as notice is provided to the Board Members. 4. Meeting Procedures. Roberts’ Rules of Order 12th Edition, Sec. 49:21 Rules for Small Boards shall be used as guidance for the conduct of meetings. During meetings: a) Board members must be recognized by the Chair before speaking or introducing motions. b) The Chair will recognize members in order which they ask to be heard. c) The Chair may participate in discussions and vote on motions but must relinquish the gavel if he/she wishes to introduce a motion. d) The Chair will work to assure that the opinions of all members are heard. e) Board members are expected conduct themselves civilly and respectfully. 5. Public Comment Period. At least one public comment period will be held at each regular and special meeting of the Board. More than one comment period may be held at the discretion of the chair. If two or more comment periods are scheduled, the Chair may limit the subjects of comments to items on the agenda in one comment session. During public comment periods, participants will be called on in the order that they request to be recognized. Each commenter will be limited to three minutes. Individuals may ask to be recognized more than once during a meeting or during a comment period; such individuals may be recognized by the chair, time permitting, after all others have had one chance to speak. The Board will develop and publish guidelines for public participation during its meetings. 6. Minutes. Minutes of regular and special meetings shall be taken by the Vice Chair or, if delegated by the Board, the Executive Director, as described in § 2-454(d) of the enabling ordinance. 4 Page 78 of 231 D. Grounds for Removal from Office Members of the PCOB serve at the pleasure of the City Council. The following conduct shall be specific grounds for removal of a member from office (but are not intended as an exclusive list of the potential grounds for removal): 1. Violation of any confidentiality obligations required by law, or set forth within Charlottesville City Code Chapter 2, Article XVI; 2. Ex parte communications with persons who have matters pending before the PCOB; 3. Neglect of duties including, but not limited to, absence from three (3) consecutive PCOB meetings, absence from four (4) PCOB meetings within any 12-month period or repeated failure to promptly attend to official PCOB business; 4. Failure to adhere to the Code of Ethics set forth within these or any other Operating Procedures; Failure to comply with any law(s) applicable to the transaction of the PCOB’s business or to the member’s service as a public official (including, but not limited to, violation of the Virginia State and Local Government Conflicts of Interest Act, or violation of the Virginia Freedom of Information Act); or 5. Any other action that constitutes either misfeasance or malfeasance of or in performance of a PCOB member’s duties. Each PCOB member and the Executive Director shall have responsibility to notify the City Manager and City Council upon becoming aware of any conduct of any member that is detailed in 1-6 above E. Removal from Office 1. A PCOB member may be removed after being given a copy of written grounds for removal, prepared by the Executive Director at the request and direction of either City Council or the City Manager. 2. At its option, City Council may solicit comment from the PCOB regarding any matter(s) that form the basis of the written grounds. 3. The written grounds shall be accompanied by a notice of a hearing to be conducted by City Council, which hearing shall be conducted at least ten (10) business days after the date of the notice. 4. At the hearing, the PCOB member will have the opportunity to be heard on the grounds, either pro se or by counsel. 5. Following the hearing, City Council shall vote regarding removal. In the event of removal of a PCOB member, City Council shall cause a written report to be made 5 Page 79 of 231 detailing its finding on the grounds. The written report shall be made available for public inspection. F. Conduct and Ethics 1. Conduct a) Each member of the PCOB shall conduct themselves in accordance with applicable state statutes. b) Each member of the PCOB shall conduct themselves in accordance with the provisions of Charlottesville City Code Chapter 2, Article XVI. c) Each member of the PCOB shall execute and comply with the terms of a Confidentiality Agreement, to carry out the requirements of Charlottesville City Code § 2-453(e). 2. Ethics. Each Board member, as well as the Executive Director and any auditor, investigator, volunteer or staff of the PCOB, shall conduct themselves in a manner that reflects the ethical principles detailed in Board’s Code of Ethics in these Procedures. In the event that the PCOB determines that one of its members has failed to adhere to the PCOB’s Code of Ethics or engaged in any act of misconduct inconsistent with their PCOB roles and responsibilities set forth within this Operating Procedure, then upon a majority vote of the remaining members the PCOB may take any of the following actions: (i) verbal or written censure of the member, or (ii) exclusion of the member from specific PCOB proceedings. G. Resolution of Complaints About PCOB Members 1. In the event that a complaint is made regarding the conduct of a member of the PCOB to the Executive Director, the City Manager or the City Council, notice of the complaint shall be given as follows: a) If the complaint is made to the Executive Director or to the City Manager, or if the Executive Director is notified by a PCOB member of a complaint, the Executive Director shall promptly notify the City Manager. The City Manager shall notify the City Council and the PCOB of receipt of the complaint. b) If the complaint is made to the PCOB, or any member of the PCOB, the complaint shall promptly be brought to the attention of the Executive Director and the Chair of the PCOB. Upon receipt of the complaint, the Chair and the Executive Director shall coordinate to make prompt notification to the City Manager, who shall make notification to City Council. 6 Page 80 of 231 2. In addition to carrying out the notifications required in section F.1(a) and (b) above, the Chair of the PCOB may also appoint a committee of PCOB members, to review and comment upon the complaint. No PCOB member who is the subject of a complaint may be part of any PCOB committee reviewing a complaint, nor may the PCOB member vote on any recommendation of the PCOB regarding any matter that is the subject of the complaint. 3. If City Council notifies the PCOB that it is considering removal of the PCOB member that is the subject of the complaint and of the charges against the PCOB member, then any committee of the PCOB designated to review a complaint shall be required to complete its review within the 10-day notice period prior to City Council’s hearing. H. Committees and Subcommittees 1. The PCOB, by majority vote, may establish a committee of its membership. A committee of the Board may, by majority vote, establish a subcommittee. No committee or subcommittee may include members who are not City-Council members appointed to the PCOB. 2. The purpose of a committee or subcommittee shall be to perform tasks delegated by the PCOB or committee, respectively, or to formulate recommendations or otherwise to advise the PCOB or committee, respectively. 3.The PCOB is to be a working board, and is not authorized to delegate responsibilities, duties, or decision-making roles to persons who are not members of the PCOB. The PCOB may not establish committees, subcommittees or advisory boards that include individuals other than City-Council-appointed PCOB members, or City-Manager- authorized staff. Notwithstanding the foregoing, the PCOB may assign duties to consult with, and request the presence of the Executive Director for any and all committee, subcommittee or advisory board so long as the ED is not a voting member of such assemblages, consistent with the Enabling Legislation and operating procedures which govern the roles and responsibilities of the Executive Director. 4. Nothing in this section shall preclude any committee or subcommittee from seeking or accepting information from persons who are not members of the PCOB or committee of the PCOB. 5. When any committee or subcommittee consisting of at least (2) members meet together in person, or by electronic communications means, and the purpose of the meeting is the discussion or transaction of the business of the PCOB, committee, or subcommittee, then that meeting shall be an open meeting conducted in compliance with FOIA’s open meeting requirements. I. Recordkeeping 7 Page 81 of 231 1. The PCOB shall be responsible for establishing and maintaining public records, in a manner that complies with the Virginia Public Records Act and the Virginia Government Data Dissemination Practices Act and any additional requirements set forth within the Virginia Code. 2. The Executive Director is hereby designated as the records officer who will serve as a liaison to the Library of Virginia for the purposes of implementing and overseeing a records management program, and coordinating legal disposition, including authorized destruction, of obsolete records. The Executive Director shall contact the Library of Virginia and provide their name and contact information. The City Manager shall ensure that 3. The Executive Director shall also be responsible for ensuring that the PCOB’s record keeping system(s) comply with the requirements of Virginia’s Government Data Dissemination Practices Act (Code of Virginia (1950), as amended, Title 2.2., Chapter 38). a) All of the PCOB’s record keeping systems shall be set up and maintained in a manner that adheres to the principles of information [management] practice set forth within Va. Code § 2.2-3800(C)(1)-(10). The PCOB membership and the Executive Director are responsible for taking steps to prevent an individual’s personal information collected for purposes authorized by City Council from being used or disseminated for another purpose. Neither the PCOB or any of its individual members, nor the Executive Director, shall use or disseminate personal information regarding any individual(s), for any purpose(s), or in any manner, other than expressly authorized by a City Council approved Operating Procedure b) The Executive Director shall be responsible for ensuring compliance with Va. Code § 2.2-3806 (rights of data subjects). 4. The Executive Director shall be responsible for ensuring that public records of the PCOB are preserved, maintained, and accessible throughout their lifecycle, including converting and migrating electronic records as often as necessary so that information is not lost due to hardware, software, or media obsolescence or deterioration. If the Executive Director converts or migrates an electronic record, they shall ensure that the converted or migrated electronic record is an accurate copy of the original record. J. FOIA Compliance 1. The City’s FOIA Officer shall serve as the FOIA officer for the PCOB. 2. The PCOB members, and the members of every committee or subcommittee established by the PCOB to perform any delegated function(s) or to advise the PCOB, shall comply with the City’s established FOIA Records Policy, a copy of which is available on the City’s website. 8 Page 82 of 231 3. The PCOB and its membership, and all of the PCOB’s various committees and subcommittees, shall comply with the Citywide FOIA Meetings Policy, establishing uniform requirements for electronic and in-person meetings. 4. Neither the PCOB nor the Executive Director shall submit a "FOIA request" to any other City department, agency or official regarding PCOB matters. When the PCOB or the Executive Director desire to obtain information or records necessary to carry out the duties assigned to the PCOB pursuant to Chapter 2, Article XVI of the Charlottesville City Code, they will work cooperatively with department heads, employees and city officials. Neither the PCOB nor its Executive Director are authorized, either expressly or by implication, to bring any lawsuit against the City or any department, agency, official, or employee of the City related to or regarding PCOB matters. 5. A subpoena request submitted to a court as contemplated by state law and Charlottesville City Code Chapter 2.2, Article XVI shall not be deemed a "lawsuit"; however, neither the PCOB nor the Executive Director shall seek to subpoena any City official or employee, or any City records, unless all administrative avenues have been exhausted through the City Manager’s office. K. Review of Department Expenditures 1. Virginia Code § 9.1-601(C)(6) allows a locality to confer upon the PCOB the following responsibility: "To request reports of the annual expenditures of the law enforcement agencies serving under the authority of the locality, and to make budgetary recommendations to the [City Council] concerning future appropriations." This enabling legislation has been implemented by City Council within Charlottesville City Code § 2-463. 2. The term "expenditure report" shall mean and refer to a report generated from the data within the City’s SAP software, which shows actual expenditures compared to the budgeted expenditure categories for a given fiscal year ("Budget-to-Actual Report"). The PCOB or Executive Director may, once per calendar year, within the month of October, request that a Budget-to-Actual Report be presented for the fiscal year that ended June 30 of that same year. 3. Upon request by the Executive Director on behalf of the Board, the Budget Office shall comply with the requirements of Charlottesville City Code § 2-463 by providing reports of the Department’s annual expenditures, not more than once during each annual budget process. If the Board wishes to make budgetary recommendations to the City Manager during that same annual budget process, the Board shall submit its recommendations to the City Manager on or before March 1 each calendar year. 4. The PCOB’s work in reviewing and making recommendations regarding the Police Department’s annual budgeted expenditures shall be with the Budget Office, City 9 Page 83 of 231 Manager and City Council. The Police Department is not required to consult with the PCOB prior to submitting its annual expenditure estimates (operational or capital) to the Budget Office. However, nothing in these Procedures shall preclude a representative of the PCOB, or the Executive Director, from meeting with the Chief of Police, a Deputy City Manager, or a member of the Budget Office during the annual budget process or at any other time to discuss the Department’s budget expenditures. 10 Page 84 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES EXECUTIVE DIRECTOR Type of Policy: PCOB Operating Procedures Policy No. PCOB-2 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The purpose of this Operating Procedure is to establish the process by which an Executive Director to the Board is selected, and to detail the roles and responsibilities of the Executive Director to the Board. II. ENABLING LEGISLATION Charlottesville City Code § 2-455. III. PROCEDURES A. Appointment. The Executive Director is appointed by the City Manager, pursuant to the process set forth within Charlottesville City Code § 2-455. The Executive Director provides support, expertise and leadership to the Board, under the supervision of the City Manager. B. Selection Process The City Manager shall conduct a selection process as set forth in Charlottesville City Code § 2-455 to identify and evaluate candidates for Executive Director. The PCOB will participate in the selection process by having two PCOB members serve on the interview panel. PCOB members shall be selected to serve on the interview panel in accordance with the following process: 1. The Chair will ask for volunteers. Page 85 of 231 2. If more than two PCOB members seek to volunteer, the Chair will invite each member to express their reasons for wanting to serve. 3. After allowing all prospective volunteers to speak, the Chair will ask each PCOB member, to vote for one of the candidates who is seeking to serve on the interview panel. 4. The two members who receive the most votes will serve on the interview panel. C. Role Of The Executive Director 1. The role of the Executive Director is to provide support to the PCOB in the implementation and exercise of all of the Board’s functions authorized by the enabling ordinance. The Board may assign specific tasks to the Executive Director, including the monitoring of investigations conducted by the Department, or the investigation of complaints or incidents. If contractors are to be engaged to assist in performance of the Board’s functions, the Executive Director will be responsible for compliance with procurement and other contracting requirements, and for overseeing the performance of contracted services. The Executive Director will comply with City Standard Operating Procedures pertaining to procurement, as well as those pertaining to approval and signature of contracts. 2. The PCOB may not delegate to the Executive Director decision-making authority for any of the functions listed in Va. Code § 9.1-601(C)(1)-(8). 3. The Executive Director shall have specific roles and responsibilities, in addition to those as otherwise assigned by the PCOB: a. Investigations—the Executive Director’s role in supporting investigations to be conducted by the PCOB pursuant to the authority of Va. Code § 9.1- 601(C)(1) and (2) shall be set forth in more specific detail within the Operating Procedure specific to the various types of investigation. b. Other functions—the Executive Director’s role in supporting other functions of the PCOB (as authorized by state enabling legislation and the Charlottesville City Code) shall be set out within the Operating Procedures specific to the function(s). c. Liaison—the Executive Director shall facilitate communications among and between the PCOB, the Police Department and the City Manager’s Office. d. Monitor of Investigations and Complaints --The Executive Director may actively monitor the Police Department’s administrative investigations of Page 86 of 231 complaints received from civilians regarding the conduct of law- enforcement officers or civilian employees of the Police Department. The City Manager may establish a Standard Operating Procedure that will govern the Executive Director’s access to information, records and witnesses while monitoring an administrative investigation. e. During the pendency of an administrative investigation which is not the subject of a citizen complaint, to which the Executive Director is allowed access, the Executive Director shall not disclose information to the PCOB, any PCOB member, or any person other than as authorized in writing by the Chief of Police or the City Manager. However, notwithstanding the other provisions of this paragraph, the Executive Director may acknowledge the existence of a matter otherwise under investigation to the PCOB or any PCOB member, or in the normal course of PCOB business. f. Budget—the Executive Director will administer budgeted funding in support of the PCOB, in accordance with the annual budget approved by City Council and in accordance with direction received from the City Manager. Each year the Executive Director shall, in consultation with the Board Chair, prepare and submit to the City Manager’s Office (Budget) a plan and estimate of all contemplated expenditures and the amount(s) of public funds needed for the ensuing fiscal year to support the operations of the PCOB. The plan and estimate shall include all of the staff desired to be employed for support of the PCOB functions, all independent contractor services, all technology and support services, etc. If the Executive Director does not submit an estimate in accordance with this paragraph, then the City’s Budget Office will prepare and submit the estimate. g. Contracts and procurement--All contract services and expenditures associated with the operations of the PCOB shall be paid from the budget approved by City Council for a given fiscal year, inclusive of funding for contract legal counsel, other independent contractors, and personnel employed by the City to support the PCOB functions. The Executive Director shall review a budget-to-actual expenditures report on at least a monthly basis. All contracts, whether for goods or services, are subject to the City’s procurement procedures, and are subject to the City Manager’s SOP governing Internal Contracts Management. Failure to comply with these requirements may subject the Executive Director to disciplinary action and may have other actions consistent with Charlottesville City Code Sec. 22- 33. Page 87 of 231 D. Supervision Of The Executive Director The City Manager shall supervise the work of the Executive Director and may delegate that responsibility to a Deputy City Manager. The City Manager’s annual evaluation of the Executive Director’s performance shall consider a written performance review submitted by the Board to the City Manager. The Board may request that the City Manager meet with the Board’s Chair to discuss the Executive Director’s performance. 1. A written performance review by the Board shall include the input and review of all Board members. 2. Prior to meeting with the City Manager, the Board Chair shall solicit comments from each Board member to ensure all positions are represented. Page 88 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES SCREENING OF COMPLAINTS Type of Policy: PCOB Operating Procedures Policy No. PCOB-3 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code § Approval Date: DRAFT 9.1-601(D) Effective Date: I. PURPOSE The purpose of this Operating Procedure is to set forth the process by which the PCOB will conduct intake and screening of Complaints to carry out its function of initiating investigations in cases where the Complainant requests the Board, and not the Department, conduct an investigation of an allegation of misconduct. II. ENABLING LEGISLATION. Charlottesville City Code § 2-457 Charlottesville City Code § 2-458 Charlottesville City Code § 2-459 III. PROCEDURES A. Standing to File a Complaint The following shall have standing to have their complaints alleging misconduct by sworn officers or civilian employees considered by the Board: 1. Any individuals directly affected by incidents of police misconduct. “Directly affected” shall include any persons who were physically present and in physical or verbal contact with police during the alleged misconduct. 2. Designated representatives of individuals directly affected by police misconduct. Page 89 of 231 3. Parents, guardians, legal custodians of minors or persons under a disability who have alleged to have been victims of police misconduct. 4. Any witnesses to incidents of police misconduct who were physically present during the alleged misconduct. 5. Any individual with material information concerning police misconduct. B. Filing of the Complaint 1. Complainants may file complaints online, in writing, or orally. 2. Complaints may be filed with the Charlottesville Police Department or through the PCOB online portal. 3. In the complaint filing the Complainant may choose whether they request the complaint be investigated by the Board only, or by the Department with monitoring of the investigation of the complaint to be conducted by the Executive Director. 4. Regardless how a Complaint is received, it shall be promptly provided to the Department and to the Executive Director. 5. The Board is authorized to decline to investigate a complaint. C. Initial Screening of Complaints 1. Opening of Case File. Upon receipt of a complaint, the Executive Director shall create a case file for the complaint, designate a tracking number for the complaint, and enter the case in a database. In the event that the complaint was initially filed with the Department, the Executive Director shall use the complaint number assigned by the Internal Affairs Division of the Department. 2. Preservation of Evidence. Upon opening a case file, the Executive Director shall immediately initiate a process to ensure that any relevant body-worn camera footage, dash-cam footage, and all other electronic evidence and any documentation related to the case is preserved by the Department or other City of Charlottesville agencies or departments. 3. Initial Evidence Collection. The Executive Director may request additional information from the complainant, and collect any evidence necessary for the initial review. Page 90 of 231 4. Options after Screening is Complete. The Executive Director shall screen every complaint that is received and shall take any of following actions: 1. Recommend to the Board that an investigation of the complaint be declined; 2. Consult with and refer the complaint to the Commonwealth’s Attorney to address an illegal activity alleged in the complaint; 3. With the agreement of all parties, refer the complaint to mediation per the appropriate Operating Procedure 4. Refer the complaint for an investigation to be conducted by the Board pursuant to the Complaint and Incident Investigation Operating Procedure 5. Refer the complaint to the Department for investigation because the complaint falls outside of the authority of the Board to review. D. Executive Director’s Recommendation to Decline Investigation 1. After a complaint has been screened and the Executive Director recommends that an investigation be declined, the Executive Director shall so advise the Board in writing, stating the basis of his declination recommendation. In making the recommendation, the Executive Director shall consider the following factors: a. The veracity of the allegations as presented in any available video evidence or other electronic evidence; b. Credible oral or written testimony of an independent, third-party witness who refutes the allegations as presented by the complainant; c. Other relevant information related to the allegations as presented in the complaint. 2. In cases where the Executive Director makes a recommendation to decline investigation of a complaint, the Board Chair may accept the recommendation and notify the Board of such decision. If two (2) or more Board members object to the recommendation, the Board Chair shall refer the matter to the full Board for consideration and a vote at its next regularly scheduled meeting. 3. If the Chair or the full Board accepts the recommendation not to investigate, the complainant shall be notified in writing of that decision within 2 days following the acceptance of the Executive Director’s recommendation. The Board shall also advise the complainant with the reasons for the declination, and provide the opportunity to have the complaint sent to CPD for investigation. Page 91 of 231 4. If a majority of the Board votes to not accept the Executive Director’s recommendation, the Chair shall direct the Executive Director to proceed with investigation of the complaint. E. Withdrawal Of Complaints And Review Requests A complaint may be withdrawn from further consideration at any time, verbally or in writing, by the complainant. A verbal withdrawal shall be memorialized as soon as practicable with the date and reason for the withdrawal (if provided). In whatever form delivered, such withdrawal should be provided to the Executive Director or any member of the Board. By majority vote the Board may decide to continue the investigation of a withdrawn complaint if they determine that doing so is in the public interest, keeping in mind the complainant’s legitimate privacy concerns. Page 92 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES SCREENING OF REVIEW REQUESTS Type of Policy: PCOB Operating Procedures Policy No. PCOB-4 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The purpose of this Operating Procedure is to set forth the process by which the PCOB (a/k/a “Board”) will conduct intake and screening of Review Requests to carry out its function of reviewing dispositions of complaints, in cases where the original complaint was submitted to the Department for investigation and an investigation was conducted by the Department’s Office of Internal Affairs. II. ENABLING LEGISLATION Charlottesville City Code § 2-457 through 2-459 III. PROCEDURES A. Standing to File a Review Request Any Complainant whose complaint has been investigated by the Charlottesville Police Department and who has received a Closure Letter may file a Review Request. B. Filing of the Review Request 1.A Review Request is deemed filed with the Board when either a Complainant, or any member of the Board, submits a written request to the Executive Director for a hearing to be held on allegations of a complaint previously investigated by the Department’s Office of Internal Affairs. Page 93 of 231 2.The Executive Director shall ascertain whether the filing is timely as defined by Charlottesville City Code XVI § 2-459(a). If the filing is beyond the time limit defined in that section, the Executive Director shall ascertain the reason for the late filing. 3. Once a Review Request is filed the Executive Director shall contact the person who was the subject of the police-civilian interaction that is the subject of the Request, and must acquire the subject’s written permission for the Board to access the Internal Affairs files and evidence, pursuant to Charlottesville City Code § 2-459(a). 4.If the subject of the police-civilian interaction has not previously authorized Board involvement in the investigation, and upon request of the Executive Director, does not grant written permission, the Board may not access the Internal Affairs files, and no Review Request may proceed. C. Initial Screening of the Review Request 1. Upon receiving permission to access the Internal Affairs files pursuant to III.B.4 above, the Executive Director shall review the Internal Affairs complaint, summaries of evidence utilized by Internal Affairs, the final Internal Affairs disposition reports, and Closure Letter. The Executive Director may also consider any other information to which the Board has lawful access. 2. Preservation of Evidence. Upon opening Review Request for screening, the Executive Director shall immediately initiate a process to ensure that any relevant body-worn camera footage, dash-cam footage, and all other electronic evidence and any documentation related to the case is preserved by the Department or other City of Charlottesville agencies or departments. 3. Within 10 days of receiving a Review Request, the Executive Director shall provide a report to the Board: a. Indicating whether in the Director’s professional judgement any of the allegations in the review requests are unsupported by the available evidence; b. If the report has not been filed in a timely manner, whether there are grounds to go forward with the Review Request under the exceptions granted by Charlottesville City Code XVI 2-458(d). D. Decision Whether to Proceed with Review Hearing 1. The Board shall meet to consider: a. Whether the Executive Director’s recommendations as to whether any of the allegations in the Review Request are unsupported by the available evidence. Page 94 of 231 b. Whether to accept the Executive Director’s recommendation to proceed with a review that was not filed in a timely manner, if such was the case The Executive 2. By majority vote, the Board may: a. Accept or refuse to proceed with a Review Request that was not filed in a timely manner; b. Decline to investigate allegations that in their judgement are unsupported by the available evidence; c. Proceed with the Review Request related to some or all of the allegations in the Review Request, at Board’s discretion. d. Decide whether to hold a Hearing related to the Review Request, or make findings solely based on the evidence in the record and other information to which the Board has lawful access. 3. The Board shall issue a report documenting their decisions in Sections 2. (a-d) above, and the basis for those decisions. The report shall be in writing and be prepared by the Executive Director, at the direction of the Board. The report shall be provided to the complainant, Chief of Police, and City Manager, within ten (10) days of the Board's finding. E. Decision to Proceed with a Review Hearing 1. If the Board decides to proceed with a Review Hearing on a Review Request, the hearing will be held promptly, and in accordance with relevant Operating Procedures. 2. At any time prior to the commencement of presentation of evidence at the Review Hearing, the issues presented may be referred for mediation by either the Board or the Executive Director, in accordance with relevant Operating Procedures. Page 95 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES GENERAL PRINCIPLES FOR BOARD INVESTIGATIONS Type of Policy: PCOB Operating Procedures Policy No. PCOB-5 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The standards and principles in this section, have been guided and adapted in part from the Quality Standards for Investigations (QSI) which provide a framework for conducting high-quality investigations for Offices of Inspector General (OIGs) affiliated with the Council of the Inspectors General on Integrity and Efficiency (CIGIE). Additionally, guidance has been incorporated from the National Association for Civilian Oversight of Law Enforcement (NACOLE) and affiliated practitioners and agencies. II. ENABLING LEGISLATION Charlottesville City Code § 2-452(1) and (2) III. PROCEDURES A. Independent Investigations Or Delegation Of Investigations The Board is responsible for investigating complaints and incidents. The Board may conduct the investigation itself or by committee of itself (in either case, with the assistance of the Executive Director), the Board may request the Executive Director to conduct the investigation (subject to the Board’s direction), or the Board may request the Executive Director to engage a contract investigator (subject to the availability and appropriation of funds within the Board’s budget to support that expense) in accordance with Charlottesville City Code § 2-455(c) and § 2-458(g). In utilizing the discretion to directly investigate or delegate, or to have the Executive Director or a contractor perform the investigation, the Executive Director shall consider the following factors: Page 96 of 231 1. Complexity of the investigation (i.e. number of allegations, number of officers involved, seriousness of the allegations at hand, etc.). 2. Public interest in the case at hand. 3. Timeliness assessment (i.e. whether the investigation can be completed in a timeframe that does not cause undue burden for the execution of the other duties of the Executive Director). 4. Fiscal impact- availability of funds in the operating budget at the time the complaint is received. 5. The available resources and experience of the Executive Director. B. General Standards Prior to executing and investigations, the Executive Director shall compile an Investigation Manual that establishes guidelines for implementing this Operating Procedure (“Manual”), which shall be approved by the Board. The Manual shall implement this Operating Procedure and shall contain no processes or guidelines in conflict with the Ordinance or any other Council-Approved Operating Procedures. The Manual cannot create any rights, access, obligations or requirements not otherwise authorized by the ordinance or the operating procedures. The Board and the City Manager may jointly establish protocols to be incorporated within the Manual, and the City Manager’s endorsement of such protocols shall be reflected by his signature to the document. Until the manual is approved, the Board may, with the approval of the complainant, refer complaints to the Internal Affairs Department The Executive Director shall present the Manual for review and approval by the Board. The Manual shall also be certified by both the Board’s independent legal counsel and the Office of the City Attorney as being consistent with the City Ordinance and these Operating Procedures. The Manual shall be reviewed by the Executive Director and recertified by the attorneys every three years to ensure it represents the latest standards in the field and changing circumstances within the City of Charlottesville. The review and revision of the manual should seek to incorporate any feedback provided from members of the public, members of the PCOB, the City Manager’s Office, City Attorney’s Office, the Chief of Police, the Commonwealth Attorney for the City of Charlottesville, and any other relevant stakeholder. The Manual will include, among other things: required qualifications for investigators, procedures for initiating independent investigations, required elements of investigations, and reporting and recordkeeping procedures. The general standards for Board investigations are: 1. Qualifications: Page 97 of 231 Individuals assigned to conduct the investigative activities must collectively possess professional proficiency for the tasks required. This standard places upon the Board the responsibility for ensuring that investigations are conducted by persons who collectively have the knowledge and skills required to perform the investigative activities. 2. Independence: In all matters relating to investigative work, the Board must be free, both in fact and appearance, from impairments to independence; must be organizationally independent; and must maintain an independent attitude. This standard places upon the Board, via the Executive Director, the responsibility for maintaining independence, so that decisions used in obtaining evidence, conducting interviews, and making recommendations will be impartial and will be viewed as impartial by knowledgeable third parties. There are three general classes of impairments to independence: personal, external, and organizational. 3. Due Professional Care: Due professional care must be used in conducting investigations and in preparing related reports. This standard requires the Board, via the Executive Director, a constant effort to achieve quality and professional performance. It does not imply infallibility or absolute assurances that an investigation will reveal the truth of a matter. In addition to the general standards in the field, the Board will also adhere to the requirements as outlined in § 2-458(a)-(e). C. Compliance Any investigation shall comply with all federal and state laws, and the City Ordinance, any Standard Operating Procedures referenced in the Ordinance, and all applicable provisions of the Board’s various Operating Procedures. D. Procedures for Obtaining Statements from Department Officers or Employees 1. Prior to the interview of any police officer, the officer shall be given reasonable advance notice of the interview, the name of any individual(s) to be present during the interview, and a written notice of the charges (i.e., information regarding the date/time/location of the encounter being investigated and the allegations of the complaint and the basis therefor). Page 98 of 231 2. Interviews/ questioning of a police officer shall take place at a reasonable time and place as designated by the Executive Director, preferably when the officer(s) under investigation are on duty and within the office of the Executive Director or a suitable office within the Department. The Board's investigator shall plan, prepare for, and coordinate the investigative process, so that multiple, repetitive interviews/ question sessions will be avoided to the extent practicable (although on occasion, a follow-up interview may be necessary). 3. Prior to commencement of any interview/questioning, the chief of police or other authorized command staff member shall advise the officer of their Garrity rights, and obtain a written acknowledgment from the officer that they have been so advised. A copy of the form shall be maintained in the investigative file. 4. An officer who is being interviewed may have an attorney or other representative present during the interview, and shall be allowed reasonable breaks during which the officer may confer with the attorney/ representative. Otherwise, the attorney or other representative shall not be allowed to participate in the interview/ questioning. Upon request, the officer and the attorney/representative shall be provided with a copy of any audio/ video recording of the interview/ questioning. 5. Following the interview/ questioning an officer who is the subject of an allegation, the officer shall be notified that they have the right, within a reasonable time following the date of the interview, to respond in writing to the charges. The time limit shall be determined by the Executive Director, but in no event shall the time be less than five (5) calendar days unless agreed to by the officer. 6. All information and evidence (“records”) collected by the Board and its investigator shall be assembled and maintained within an investigative file, to be kept in a secure location within the offices of the Executive Director. All such records shall be preserved in accordance with applicable records retention schedules of the Library of Virginia. All such records shall be exempt from public inspection pursuant to Virginia Code § 2.2-3705.1(1) and § 2.2-3706(B)(9)(ii). If a subpoena is obtained, the Circuit Court for the City of Charlottesville can compel attendance of witnesses (which may include persons outside the Department, and individuals who are not public officials or employees of the City of Charlottesville) and the production of books, papers, and other evidence necessary to perform the investigative duties pursuant to § 2-452(c) & § 2-458(f). E. Exceptions to time limits for investigation The Board may initiate and/or complete any investigations of complaints or incidents beyond the time limits specified in § 2-458 subsections (c)(1) and (c)(2) if the Board determines that there is good reason for doing so. 1. For cases that are beyond the time limits, the Executive Director will assist the Board by interviewing the complainant to determine the reasons for the late filing. Page 99 of 231 2. The Executive Director shall deliver the reasoning as communicated by the complainant via a written Memorandum of Good Reason (MGR). 3. The Board shall consider whether the complainant had a “good reason” at the next regular business meeting of the Board. If the Board makes a determination by majority vote that “good reason” exists, it shall submit a request to waive the time limit to the City Manager. If the City Manager does not respond to the waiver request within 72 hours, the request shall be deemed to have been granted. F. Suspension of Investigations If a Complaint asserts criminal conduct by an employee of the Department, or if at any point in an investigation of a Complaint or Incident the Executive Director becomes aware that an employee may have committed a criminal offense, the Executive Director shall notify the Board Chair to that effect. With the concurrence of the Chair, the Executive Director shall: Suspend the investigation and notify the Chief of Police and Commonwealth's Attorney of the alleged conduct, ensuring that no statements obtained from the Police Department employee(s) whose actions are the subject of the matter are shared with criminal investigators or any prosecuting authority except in accordance with applicable law; and Evaluate, in consultation with Board legal counsel, the City Attorney, and the Commonwealth’s Attorney, whether competing public interests and civil rights involved permit the resumption of continued, parallel investigation by the Board Page 100 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES COMPLAINT AND INCIDENT INVESTIGATIONS Type of Policy: PCOB Operating Procedures Policy No. PCOB-6 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code § Approval Date: DRAFT 9.1-601(D) Effective Date: I. PURPOSE Pursuant to Charlottesville City Code § 2-457(a) the Board may conduct investigations of complaints from members of the public regarding the misconduct of law enforcement employees of the Department and may refer complaints to the Department for investigation. Pursuant to Charlottesville City Code § 2-457(b) the Board may, sua sponte (on its own motion), initiate an investigation of conduct of a Department employee, if it becomes aware of allegations of certain incidents of misconduct of a law enforcement employee of the Department. II. ENABLING LEGISLATION Virginia Code § 9.1-601 Charlottesville City Code § 2-457(a) Charlottesville City Code § 2-457(b) III. POWERS AND DUTIES A. Complaint Investigations . The Board shall have the power to conduct Complaint Investigations when a member of the public makes a complaint of misconduct against a Department employee and requests to have the complaint investigated by the Board rather than the Department Page 101 of 231 The complainant’s request for an investigation by the Board does not affect the authority that the Executive Director has under the Ordinance to monitor all IA investigations. B. Incident Investigations The Board shall have the power to initiate and conduct Incident Investigations of certain conduct of a police officer or department employee as authorized in City Code § 2- 452(c)(2). IV. PROCEDURES A. Initiation of Complaint Investigations 1. Upon receipt of a complaint from a member of the public about alleged misconduct by a department employee the Board may initiate a Complaint Investigation, or the Board may refer the Complaint to the Department for investigation. 2. The Board may conduct the investigation itself, or by committee of itself (in either case, with the assistance of the Executive Director). The Board may request the Executive Director to conduct the investigation (subject to the Board’s direction), or the Board may request the Executive Director to engage a contract investigator (subject to the availability and appropriation of funds within the Board’s budget to support that expense). 3. If the Complainant asks that the Complaint be investigated only by the Board, the Executive Director shall first screen the complaint pursuant to the criteria provided in The Operating Procedure governing the Screening of Complaints. 4. After screening, if the Board elects to conduct an investigation, the Board shall notify the Chief of Police of its intent to conduct an investigation. 5. The Executive Director shall provide to the Chief of Police enough identifying information about the complainant, and enough information about the date, time, and location of the alleged encounter, to allow the Department to give the Executive Director information for the investigation. B. Initiation of an Incident Investigation. 1. Upon request of the Chair, or upon the request of any two Board members, the Executive Director shall initiate an investigation of the following incidents: A. Use of force by a law enforcement officer. B. Death or serious injury to any individual held in custody C. Serious abuse of authority or misconduct as defined in Charlottesville City Code § 2-452(d). Page 102 of 231 D. Alleged discriminatory stops (vehicular or otherwise), of civilians by law enforcement officers. E. Other incidents regarding the conduct of law enforcement officers and civilian employees of the Department. 2. Notice. Prior to initiation of an Incident Investigation, the Board Chair shall provide notice to the City Manager and the Chief of Police who shall ensure the Department’s cooperation with the investigation. V. GENERAL PRINCIPLES OF COMPLAINT AND INCIDENT INVESTIGATIONS A. Access to Information. 1. The Department shall give the Board, or its designated investigator, access to information, records and witnesses as required by, and subject to, the provisions of § 2-452(e) and (f) of the Ordinance, as may be relevant to the matter under investigation. 2. Prior to the interview of any police officer, the officer shall be given reasonable advance notice of the interview, the name of any individual(s) to be present during the interview, and a written notice of the allegations (i.e., information regarding the date/time/location of the encounter being investigated and the allegations of the complaint and the basis therefor). 3. Interviews/ questioning of a police officer shall take place at a reasonable time and place as designated by the Executive Director, preferably when the officer(s) under investigation are on duty and within the office of the Executive Director or a suitable office within the Department. The Board's investigator shall plan, prepare for, and coordinate the investigative process, so that multiple, repetitive interviews/ question sessions will be avoided to the extent practicable (although on occasion, a follow-up interview may be necessary). 4. Prior to commencement of any interview/questioning, the Chief of Police or other authorized command staff member shall advise the officer of their Garrity rights, and obtain a written acknowledgment from the officer that they have been so advised. A copy of the form shall be maintained in the investigative file. 5. An officer who is being interviewed may have an attorney or other representative present during the interview, and shall be allowed reasonable breaks during which the officer may confer with the attorney/ representative. Otherwise, the attorney or other representative shall not be allowed to participate in the interview/ questioning. Upon request, the officer and the attorney/representative shall be provided with a copy of any audio/ video recording of the interview/ questioning. 6. Following the interview/ questioning an officer who is the subject of a complaint or allegation, the officer shall be notified that they have the right, within a reasonable time following the date of the interview, to respond in writing to the charges. The time limit Page 103 of 231 shall be determined by the Executive Director, but in no event shall the time be less than five (5) calendar days unless agreed to by the officer. 7. All information and evidence (“records”) collected by the Board and its investigator shall be assembled and maintained within an investigative file, to be kept in a secure location within the offices of the Executive Director. All such records shall be preserved in accordance with applicable records retention schedules of the Library of Virginia. All such records shall be exempt from public inspection pursuant to Virginia Code § 2.2-3705.1(1) and § 2.2-3706(B)(9)(ii). B. Failure of the Complainant to Cooperate. If the Complainant fails or refuses to cooperate in the Complaint Investigation after requesting the Board conduct the investigation, the Executive Director may recommend that the Board refer the investigation to the Department. The Board shall adopt or disapprove the Executive Director’s recommendation by a majority vote. In the alternative, with the consent of the Board, the Complaint Investigation may be continued without the cooperation of the Complainant if, in the judgment of the Board and Executive Director, a fair and complete investigation is still possible. C. Failure of the Subject Officer/Employee to Cooperate. If the subject officer or employee refuses or fails to cooperate in the investigation, the Executive Director shall notify the Chief of Police of the lack of cooperation in writing. If the chief of police does not promptly resolve the issue, the Executive Director shall seek the intervention of the City Manager. Officers or employees, including the chief of police, who refuse or fail to cooperate may be subject to disciplinary action. D. Timeline for Completing the Investigation. Any investigation conducted pursuant to this operating procedure shall be completed in accordance with the timelines prescribed in Section E. of the General Principles for Board Investigations Operating Procedure. E. Preparation of the Investigative Report. 1. When the investigation is complete the Executive Director or other investigator shall prepare an Investigative Report for the Board’s review. The Report shall include the following: a. A summary of the circumstances of the incident(s) of alleged misconduct. b. The evidence related to whether there was any misconduct. c. Any suggested findings related to each allegation. Page 104 of 231 d. Indications of serious abuse of authority or misconduct as defined in § 2-452(d) of the enabling ordinance. 2. The Investigative Report shall also be given to the City Manager and to the Chief of Police, who shall be required to keep the contents of the report confidential (except as between themselves) unless otherwise agreed by the Board. The City Manager and Chief of Police shall have the right to submit comments, analysis, or proposed corrections to the Executive Director, who shall share them with the Board. 3. The Board may hold a hearing to review the information and allegations that are the subject of the Investigative Report in accordance with the Operating Procedure governing Review Hearings. F. No Presumption of Misconduct. The findings in an Investigative Report are not conclusive and create no presumption of misconduct unless and until the Board either: 1. By vote of majority affirms some or all of the findings in the report, without a Review Hearing; or 2. By vote of a majority, affirms some or all of the findings after conducting a Review Hearing. G. Board Not Required to Affirm the Findings in a Preliminary Investigative Report. After reviewing the Investigative Report, the Board by majority vote, shall have the power to accept or reject the report’s findings in whole or in part, issue a closure letter, and take no further action. If the Board rejects the Report’s findings, in whole or in part, the Board shall direct the Executive Director to make changes and to prepare a final report that reflects the findings of the Board. H. Disposition of the Investigation The Board, assisted by the Executive Director, shall prepare a final disposition of the investigation and the disposition shall be prepared for public release within thirty (30) days of the conclusion of a hearing conducted by the Board with respect to the allegations of the Complaint, or (ii) within 30 days of receipt of the final Investigative Report, whichever occurs later. Matters of confidentiality, and any public disclosure of “personal information”, as defined in Virginia Code § 2.2-3801, shall be resolved among the Board, the Executive Director and the City Manager, consistent with the requirements of Charlottesville City Code § 2-452(c), the Standard Operating Procedure referenced in that Code section, and with Charlottesville City Code § 2-452(g). Page 105 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES INVESTIGATION OF POLICIES, PRACTICES AND PROCEDURES Type of Policy: PCOB Operating Procedures Policy No. PCOB-7 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code § Approval Date: DRAFT 9.1-601(D) Effective Date: I. PURPOSE This procedure details the Board’s power and authorities when investigating the policies, practices and procedures of the Department. II. POWERS AND DUTIES The Board shall have the power and duty to investigate the policies, practices and procedures of the Department, and to make recommendations regarding changes to such polices, practices and procedures. Such investigations may involve review of public documents, such as the Department’s General Orders, and other such documents, as well as studies of the implementation or effect of Departmental policies. III. ENABLING LEGISLATION Virginia Code § 9.1-601(C) (5) Charlottesville City Code § 2-462 Charlottesville City Code § 2-452(c)(4) Charlottesville City Code § 2-457(f) IV. PROCEDURES A. Authorization of an Investigation of Policies, Practices and Procedures Page 106 of 231 By a majority vote, the Board may authorize an investigation of Department policies, practices and procedures. The Board may assign its own members to conduct reviews of public documents and policies or direct the Executive Director to conduct such investigations. B. No Limitation on Powers The Board’s powers and duties to complete retrospective examinations and audits of Internal Affairs investigations, arrest and detention, and other public-police interactions shall not preclude the Board from exercising the powers and duties under this operating procedure. C. Access to Information and Subpoena Power. The Board shall make a good faith effort to obtain access to information as detailed in Sec. A. of the Subpoena Operating Procedure. If after such effort the Board is unable to secure voluntary cooperation or production, the Board may apply to the Circuit Court for the City of Charlottesville for a subpoena compelling the attendance of such witnesses, or the production of such books, papers and other evidence according to the procedures provided in the Operating Procedure governing Subpoenas. D. Timeliness of Investigations. When authorizing and investigation, the Board shall, in consultation with the Executive Director, establish a schedule for completion. Investigations under this section shall be completed in an expeditious and efficient manner consistent with the approved schedule. E. Report of Investigations. The delegated Board members or Executive Director shall provide a report of all investigations of policies, practices and procedures, and recommended changes to the Board for review and approval. F. Policy Recommendations after Investigations. After the Board receives and reviews the report of the investigation, the Board may make recommendations regarding policies, practices and procedures of the Department. Such recommendations shall be made utilizing the following procedure: 1. The Board shall present in writing its findings and recommendations with supporting rationale to the City Manager and Chief of Police. 2. If the Department declines to implement any changes recommended by the Board, the Chief of Police shall explain their decision in writing. Such written explanation by the Chief shall be made available for public inspection. Page 107 of 231 3. The Board may withdraw its recommendations to the Department based on the rationale provided by the Chief of Police. Such decision to withdraw its recommendation to the Department must be made in writing and shall be made available for public inspection. V. RESOURCES TO DISCHARGE DUTIES With the consent of the Board, the Executive Director may seek to contract with independent contractors and firms, consistent with the competitive and non-competitive guidelines and requirements of the City Charlottesville’s procurement rules, to undertake investigations under this Operating Procedure. The Executive Director shall develop an investigative plan and budget for approval by the Board before an investigation can be undertaken. Page 108 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES REFERRALS TO THE COMMONWEALTH ATTORNEY AND EXTERNAL JURISDICTIONS OR AGENCIES Type of Policy: PCOB Operating Procedures Policy No. PCOB-8 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The purpose of this Operating Procedure is to detail under what circumstances the Board may refer matters for consideration by the Commonwealth Attorney for the City of Charlottesville, and/or to external jurisdictions and agencies. II. ENABLING LEGISLATION Charlottesville City Code § 2-458(e)(1) III. PROCEDURES A. If the Executive Director becomes aware that the misconduct, by a Department employee, alleged in the complaint or disclosed in the course of an investigation may be criminal in nature, with the concurrence of the Board chair they shall refer the case to the City of Charlottesville Commonwealth Attorney for possible criminal prosecution. B. In such a case the Board shall suspend their investigation and notify the Chief of Police and Commonwealth’s Attorney of the alleged misconduct, by a Department employee, ensuring that no statement obtained from the Police Department employee(s) whose actions are the subject of the matter are shared with criminal investigators or any prosecuting attorney, except in accordance with applicable law. C. The Executive Director shall give written notification of such referral to the Board, the Chief of Police, the City Manager, the City Attorney, the complainant, and subject officer(s). If requested by the Commonwealth Attorney, the Executive Director shall Page 109 of 231 delay notification of the referral to one or more of these parties until the Commonwealth Attorney determines that notification is appropriate. D. The Executive Director shall transmit copies of all relevant files to the Commonwealth Attorney, maintain a record of each referral, and record the disposition of each referred matter. E. Consideration of Parallel Investigations: The Board shall confer with the Commonwealth Attorney, the City Attorney, and the Board’s own legal counsel as to whether competing public interests and civil rights involved permit the resumption of continued, parallel investigation by the Board, pursuant to Charlottesville City Code § 2-458(e)(2). If the Board is advised that a parallel investigation is advisable, they shall such certify in writing and initiate or resume an investigation as appropriate. F. Referral to the External Jurisdictions/Agencies If the Board receives complaints regarding the conduct of non-CPD officers and employees, the Executive Director, with the concurrence of the Board chair, shall notify the complainant of the Board’s lack of jurisdiction to investigate, and shall forward the complaint to the appropriate agency or jurisdiction, with the permission of the complainant. Page 110 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES HEARING EXAMINERS Type of Policy: PCOB Operating Procedures Policy No. PCOB-9 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The purpose of this Operating Procedure is to set forth the process by which a Hearing Examiner will be selected for hearings of the PCOB, to clarify the required qualifications for a Hearing Examiner, and to provide guidelines for the Hearing Examiner’s role in PCOB hearings. These Operating Procedures set forth City Council’s intention and guidance as to how the provisions within the Ordinance shall be interpreted and applied by the PCOB, the Executive Director and the Hearing Examiner. In the event of any apparent disparity between the provisions of this Operating Procedure and provisions of the Ordinance, the provisions of this Operating Procedure shall govern the interpretation of the Ordinance. II. ENABLING LEGISLATION Charlottesville City Code § 2-460(a) III. PROCEDURES A. Selection of Hearing Examiner 1. The Executive Director, assisted by independent legal counsel and the Office of the City Attorney, shall prepare a list of hearing examiners whose qualifications under Paragraph A.2., below, have been verified (“List”). 2. The Executive Director should endeavor to establish a List that contains at least 3 qualified examiners who would be available to preside at a hearing at a given time. Hearing Examiners performing legal services for the City’s PCOB are exempt from procurement; however, the Executive Director may elect to conduct a competitive Page 111 of 231 selection process. Every Hearing Examiner shall be an attorney licensed to practice law in the Commonwealth of Virginia, and must meet the following standards: a) One of the following criteria: at least five (5) years’ active practice of law; five years’ service as a federal or state judge; an active hearing examiner on the Virginia Supreme Court’s list of approved “hearing officers”; Professional experience in police oversight or mediation is preferred; however experience in other area(s) of relevant jurisprudence experience may be appropriate; and b) Membership in good standing of the Virginia State Bar, in one of the following categories: active, judicial, or retired membership; and c) Completion of a half-day training session conducted jointly by the PCOB independent legal counsel and Office of the City Attorney, at which the Deskbook contents will be reviewed. Such training may be completed after the Hearing Examiner is engaged, but completion will be required before they can assume any duties under this Procedure. 3. The PCOB’s independent legal counsel and the Office of the City Attorney shall, cooperatively, prepare a “deskbook” setting forth a set of procedural guidelines intended to assist hearing examiners presiding within a PCOB hearing with the handling of those hearings and procedural issues that may arise within the hearings. The Deskbook for hearing examiners shall be based on the “Hearing Officer Handbook” published by the Office of the Executive Secretary of the Supreme Court of Virginia (Rev. November 2021), modified to fit the hearings conducted by the PCOB. 4. When a hearing is to be scheduled, the Executive Director will contact two or more individuals on the list and will determine their availability for the date(s) and time(s) of the hearing, and will ask the available hearing examiners(s) to verify that they could accept the assignment without having any conflict of interest, or without there being any appearance of a conflict of interest. Possible conflicts of interest include, without limitation: a) Financial interest in the outcome of the hearing, b) Examiner’s law firm representing one of the parties involved, c) Member of the examiner’s family being employed by one of the parties involved, d) Bias toward or against one of the parties, e) Prejudgment of one or more of the issues involved in the complaint, f) Impermissible ex-parte communications (including, without limitation: pre- hearing communications with a police officer, a complainant/ complainant’s representative, or a member of the PCOB other than the Chair) 5. The Executive Director shall not utilize the same Hearing Examiner for each and every case, but shall select a Hearing Examiner from the List on a rotating basis; Page 112 of 231 however, it may be necessary, due to individuals’ availability on given date(s) and times, and the potential for conflicts relative to a particular case, to occasionally utilized the same Hearing Examiner for two hearings in a row. The goal of having the List is to build a reasonably sized pool of Hearing Examiners who develop familiarity with the work of the PCOB. 6. Prior to commencement of responsibilities as Hearing Examiner, every Hearing Examiner shall execute a written engagement letter in a format established and approved by the Office of the City Attorney. a) The form engagement letter shall include, at a minimum: acknowledgment/ verification of the Hearing Examiner’s qualifications, the date/time/location of the hearing, the compensation to be received by the Hearing Examiner and any invoicing/payment procedures required for the Hearing Examiner to receive payment upon completion of services, and a certification that the Hearing Examiner, to their knowledge and belief, has no conflicts of interest; and b) The Complaint number for the Complaint that will be the subject of the Review Hearing for which the Hearing Examiner is engaged. B. Role of Hearing Examiner 1. The Hearing Examiner will be engaged to preside over the Pre-Hearing Conference and the Review Hearing (and any rescheduling(s) or continuation(s)) for a specific complaint. 2.The Hearing Examiner will preside over all PCOB hearings. a) The hearing examiner will ensure that the hearing is conducted in such a manner that the parties to the hearing have a full and reasonable opportunity to present their evidence and arguments as may be relevant to the issues set forth in the complaint. b) The hearing examiner’s responsibility is to exercise such control as is necessary for an orderly, effective, thorough, and reasonably expeditious progress of the hearing. The hearing examiner shall prevent disruptive or prejudicial conduct during hearings. The Examiner may refuse to recognize individuals engaging in disruptive behavior and may adjourn or continue a hearing where, in the judgement of the Examiner, the disruptive behavior interferes with the legal and due process rights of any participant or impedes the work of the Board. c) The hearing examiner shall preside over the hearing itself; however, the chair of the PCOB shall remain the presiding officer with respect to the deliberations among the board members and any actions [votes] taken at the hearing. Page 113 of 231 d) The hearing examiner shall control the progress of the hearing and the conduct of the parties in a respectful, professional manner. e) Shall preside over the presentation of evidence and shall make determinations as to the relevance of evidence that the parties wish to present and may advise the Board as to which items of evidence may be heard or considered by the Board relative to the authorized scope of the Board’s investigation of complaints and incidents and review of the Internal Affairs Investigation. 3.The Hearing Examiner may make minor modifications of the applicable Hearing Procedures as necessary to facilitate the efficient and effective progress of a hearing, taking into account the nature and circumstances of the complaint, whether or not parties are represented by legal counsel, and other circumstances. No modifications are authorized which would deprive any party of substantial justice or due process, or that would substantially alter the nature of the hearing contemplated by the applicable Operating Procedures for the hearing. Types of minor modifications or adjustments that are permissible by a Hearing Examiner include, without limitation: a) Change in the order of presentation of evidence or arguments b) Establishment or changes in time limits for presentation of evidence or arguments 4.The Hearing Examiner is not a “party” to the hearing, but rather a neutral actor whose purpose is to ensure compliance with procedures for how a hearing is to be conducted. a) The Hearing Examiner may not suggest possible dispositions or informal resolutions of any complaint or issue. b) The Hearing Examiner may not seek or accept any role(s) or responsibilities other than those provided in this Operating Procedure. (such as mediator, factfinder, final decisionmaker, etc.) 5.For purposes of a PCOB hearing, and because the hearing examiner is not a factfinder or decision-maker, the hearing examiner may have the following pre-hearing contacts and communications (no such contacts shall be deemed impermissible ex parte contacts): a) Conferences with PCOB independent counsel and a member of the City Attorney’s Office, for purpose of reviewing provisions of the Deskbook, and asking general questions about procedures, the role of the Hearing Examiner, etc., b) Conferences with the Executive Director, to discuss dates/times for scheduling of hearings or prehearing conferences and to complete administrative paperwork (execution of an engagement letter, confidentiality agreements, Page 114 of 231 etc.), or conferences with the Executive Director and Board Chair to discuss administrative arrangements such as room setup, audio-visual setup, or any other administrative details anticipated relative to a particular hearing. IV. RESOURCES “Hearing Officer Handbook” published by the Office of the Executive Secretary of the Supreme Court of Virginia (Rev. November 2021). Page 115 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURE REVIEW HEARINGS Type of Policy: PCOB Operating Procedures Policy No. PCOB-10 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The purpose of this Operating Procedure is to set forth the process by which the PCOB (a/k/a “Board”) will conduct all hearings which the Board is empowered to conduct pursuant to its enabling legislation. II. ENABLING LEGISLATION Virginia Code § 9.1-601(C) (5) Charlottesville City Code § 2-452 Charlottesville City Code § 2-459 III. DEFINITION OF REVIEW HEARING For purposes of the exercise of the powers and duties of the Board, a Review Hearing shall be defined as any hearing conducted by the Board to review the facts, issues and findings of an Investigative Report of the Department related to an Internal Affairs investigation, or of an Investigative Report of the Executive Director related to a Complaint or Incident Investigation. IV. PROCEDURES A. Review Hearings Following an Internal Affairs Investigation The purpose of a Review Hearing following an Internal Affairs Investigation is for the Board, working with the Executive Director, to verify the adequacy and thoroughness of the Department’s Internal Affairs (IA) Investigation related to a specific complaint, and the appropriateness of the Department’s disposition of the complaint based on the information and evidence compiled during the course of the IA Investigation. Page 116 of 231 Upon review of the Investigative Report, the Board may conclude that no hearing, or a hearing only on a limited issue is necessary. The Board may also issue a report without the need for a full hearing. 1.Factors Considered by Board in Review of an Internal Affairs Investigation In conducting a Review Hearing of an Internal Affairs Investigation, the Board shall consider and make findings as to whether the IA Investigation was incomplete or otherwise unsatisfactory related to the thoroughness, completeness, objectivity, impartiality or accuracy of the investigation. 2.Report of Findings Following Review of an IA Investigation. At the conclusion of the Review Hearing, the Executive Director, at the direction of the Board, shall prepare a detailed written report of the basis for the Board’s findings. Such report shall be reported publicly and to the City Manager, the Chief of Police and the Complainant that the Board has made one of the following findings: a. The Board finds that the original IA Investigation was satisfactory, and the Board concurs with the original findings of the IA Investigation; or b. The original IA Investigation was satisfactory, but the Board does not concur with the findings. In the event the Board makes this finding, the Board shall set forth its own findings, and make recommendations to the City Manager concerning disposition of the complaint; or c. That the Board finds that the investigation is incomplete or otherwise unsatisfactory and provides a detailed written explanation of the basis for such finding. 3. Board’s Authority to Initiate an Independent Investigation if an IA Investigation is Found to be Incomplete or Unsatisfactory. If the Board finds that an IA Investigation was incomplete or otherwise unsatisfactory, pursuant to section IV(A)(2)(c) above, the Board may request the Executive Director, on behalf of the Board, conduct an independent investigation of the incident that is the subject of the Complaint. This investigation shall be conducted in accordance with the procedures set out within Operating Procedure governing General Principles of PCOB Investigations. After completion of an independent investigation pursuant to this section, the Executive Director shall prepare a detailed written report of the investigation for the Board. After reviewing the Executive Director’s report, the Board shall report publicly and to the City Manager, the Chief of Police and the Complainant that the Board has made one of the following findings: Page 117 of 231 a. That the Board now finds that, despite the defects in the original IA investigation, the Board’s own Investigation has produced no material evidence to dispute the original findings of the Internal Affairs Department. b. The Board’s independent investigation has produced substantive new information that causes them to disagree with the findings of the Internal Affairs investigation. In this case, the Board shall make recommendations to the City Manager concerning disposition of the Complaint; or, c. That despite the Board’s best efforts, the evidence is insufficient to allow the Board to determine whether the findings of the IA Investigative Report are correct. B. Review Hearings Following a Complaint Investigation The purpose of a Review Hearing following a Complaint Investigation is for the Board, working with the Executive Director, to verify the adequacy and thoroughness of the Executive Director’s Investigation related to a specific complaint that has not previously been the subject of an IA Investigation and Investigative Report, pursuant to Charlottesville City Code § 2-457(a). In such cases the Executive Director shall conduct a Complaint Investigation in accordance with the appropriate Operating Procedure and prepare a Complaint Investigative Report at the conclusion of the investigation. Upon review of the Executive Director’s Complaint Investigative Report, the Board may conclude that no hearing, or a hearing only on a limited issue is necessary. The Board may also issue a report without the need for a full hearing. C. Review Hearings Following an Incident Investigation The purpose of a Review Hearing following an Incident Investigation is for the Board, working with the Executive Director, to verify the adequacy and thoroughness of the Executive Director’s Investigation which was undertaken upon the Board’s own initiative pursuant to Charlottesville City Code § 2-457(b). In such cases the Executive Director shall conduct an Incident Investigation in accordance with the appropriate Operating Procedure, and prepare an Incident Investigative Report at the conclusion of the investigation. Upon review of the Executive Director’s Incident Investigative Report, the Board may conclude that no hearing, or a hearing only on a limited issue is necessary. The Board may also issue a report without the need for a full hearing. Page 118 of 231 D. Report of Findings Following Review of the Executive Director’s Incident Investigation or Complaint Investigation. At the conclusion of the Review Hearing, the Executive Director, at the direction of the Board, shall prepare a detailed written report of the basis for the Board’s findings. Such report shall be reported publicly and to the City Manager, the Chief of Police and the Complainant that the Board has made one of the following findings: 1. That the Board finds that the Department employee committed misconduct; 2. That the Board finds that no Department employee committed misconduct; or 3. That despite the Board’s best efforts, the evidence is insufficient to allow the Board to determine whether any Department employee committed misconduct. V. HOW THE HEARING PROCEEDS A. Order of Presentations The order of presentation of evidence and arguments to the Board during a Review Hearing shall be as follows: 1. Opening Statements: a. In the case of a complaint or incident investigation, the Executive Director shall first present a summary of the Investigative Report prior to the parties’ opening statements. Each Party will have the opportunity to make brief opening statements, not to exceed 5 minutes each. Upon prior request, the Hearing Examiner may grant each party additional time, for good cause shown, or change the order of statements. Under no circumstances shall either party be granted more time than the other. As noted in The b. The Complainant, where relevant, shall have the opportunity to make the first opening statement, detailing their experience during the incident and its effect on them. Thereafter, the Department shall make its opening statement. c. The Complainant may make their opening statement, or if represented by an attorney, may allow their attorney to present opening statements on their behalf. If a party has a designated representative or legal guardian, that person may make an opening statement on the party’s behalf. The Department’s opening statement shall be made by the Internal Affairs representative, the Chief of Police, or the Chief’s designee. Page 119 of 231 d. Either party shall have the right to waive its opening statement. 2. Presentation of Evidence: a. Each party will have the opportunity to present its evidence. Evidence may be presented in the form of witness statements, personal statements, or by introduction of other forms of evidence deemed admissible according to the Rules of Evidence in Section (VI) below. b. The Complainant, where relevant, shall have the opportunity to present its evidence first, followed by the Department. c. In Review Hearings of IA Investigations, prior to presentation of any other evidence on its behalf, the Department shall be required to have its IA representative present a summary of the Complaint, the IA investigation of the complaint, and detail the basis for the IA finding. d. In hearings related to complaint investigations, the complainant may make a statement and present evidence, if they desire, at a time during the hearing approved by the Hearing Examiner. e. Either party shall have the right to call witnesses to testify in its case. f. No person providing evidence in a case can be compelled to answer questions. g. Cross-examination of witnesses: Only members of the Board shall be permitted to cross-examine any person who provides evidence in a case, subject to the evidentiary rulings of the Hearing Examiner. h. If the subject officer attends the hearing and voluntarily chooses to make a statement, only members of the Board shall have the right to ask questions of the subject officer, consistent with the limitations on cross- examination established in III.G.1.b.vi above. i. Generally, each presentation of evidence should be 30 minutes or less. The Hearing Examiner will request a presenting party to pause at the 30-minute mark. At that point, the Board may, by majority vote, extend the party’s presentation time. Under no circumstances shall any party be granted more time than the other, but any party may waive any amount of its assigned presentation time. j. At the time provided for members of the Board to question parties or witnesses, the member shall ask the Hearing Examiner: “May I be Page 120 of 231 recognized for a question?” and shall wait for the Hearing Examiner to recognize the member, prior to asking the question. k. Notwithstanding the provisions of this paragraph, the Hearing Examiner may modify the order of presentations, as to the entire Review Hearing for good cause shown, and after articulating the reasons therefor on the record. Also, in cases involving multiple, complex issues, the Hearing Examiner may require each party to present their evidence on one issue at a time (with modified time limits), followed by the response from the other parties (going back and forth in that manner until all of the issues have been presented). 3.Conclusion of Evidence Presentation After the time set aside for presentation of evidence has expired, the Hearing Examiner shall announce that “The evidentiary portion of this hearing is concluded, unless the Board has any additional questions for either party”. At the request of the Board chair, the Hearing Examiner may extend the hearing to allow questioning of the parties by Board members, but the hearing will not be reopened for presentation of additional evidence. When there are no further questions from Board members to either party, the Hearing Examiner shall state that “The evidentiary portion of is complete”, and then the Hearing Examiner will ask “Does the Board wish to begin its deliberations”? B. Deliberations of the Board The Board’s deliberations must be conducted within an open public meeting unless a closed meeting is authorized by Va. Code §§ 2.2-3711 or 2.2-3712. C. Findings Of The Board 1. The Board shall deliberate on the evidence and arguments presented by the parties at the Review Hearing, and on the basis of the information received and all of the information and materials within the Internal Affairs file(s), or Investigative Report, The Board shall make the findings appropriate to the Review Hearing being conducted and in accordance with this Operating Procedure section IV(A)(2) for IA Investigations, IV(D)for Complaint or Incident Investigations. 2. The Findings of the Board must be made by majority vote of the Board, such vote to be taken in an open meeting. D. Policy Recommendations. Once the Board has made its finding(s) the Executive Director shall ask the Board members whether the information presented at the Review Hearing suggests that the Page 121 of 231 Board should make policy recommendations to the Chief of Police and the City Manager. Should the Board have policy recommendations, the Board shall direct the Executive Director in preparation of the recommendations to be submitted to the City Manager within 30 days of completion of the Review Hearing. E. Disciplinary Recommendations: If the disposition of the IA Investigation was “sustained” for any allegation, the Executive Director shall initiate discussion by the Board of whether the officer’s conduct constituted a serious breach of departmental and/or professional standards, as defined in X. If so, the Board may initiate a process for making disciplinary recommendations, in accordance with the appropriate Operating Procedures. VI. GENERAL HEARING PROCEDURES APPLICABLE TO ALL REVIEW HEARINGS A. Presumption of Lawful Conduct Hearings and related investigations are required to be neutral fact-gathering processes. Until findings are made to the contrary, all parties are presumed to have acted lawfully and in accordance with applicable policies and procedures. B. Standard of Evidence and Findings The Board’s findings related to review of all investigations shall be governed by a preponderance of the evidence standard. C. Participation of Parties and Others in Review Hearings 1. Parties: a. Parties to Review Hearing following an IA Investigation or a Complaint Investigation. For the purpose of a Review Hearing following either an IA Investigation or a Complaint Investigation, the parties to the hearing are the Complainant and the Department (represented by the Chief of Police, an investigator from the Office of Internal Affairs, or both). b. Parties to Review Hearing following an Incident Investigation. For the purpose of a Review Hearing following an Incident Investigation, Parties to the hearing shall be the Department as the respondent. The Executive Director or his designee shall present evidence of its investigation, but shall not be a party in any matter. 2. Complainant(s). Any person whose complaint has been subject to an IA Investigation, Department or Complaint Investigation by the Executive Director shall be deemed the Complainant for the purpose of a Review Hearing. Because Incident Investigations are Page 122 of 231 conducted at the initiation of the Board, there shall be no “complainant” in Review Hearings of Incident Investigations. 3. Subject Officer(s). For the purpose of a Review Hearing, the officer(s) who are the subject of the complaint is/are neither parties to the Review Hearing, nor witness(es), except to the extent that the Subject Officer’s written or recorded statement(s) within the IA Investigation are part of the record of that investigation In the event that the Board initiates an independent investigation of the matter pursuant to V(A)(3) above, the Board’s investigator will have the same access to the Subject Officer(s) as the original IA investigator(s). 4. The subject officer may voluntarily make a statement if he/she chooses. D. Adverse Inferences from Non-Appearance No party or witness is required to participate in a Review Hearing. However, the Board may infer from a party’s or a witness’s voluntary absence from a Hearing, despite notice and a request to appear, that their truthful participation would have been adverse to the interests of such voluntarily absent party or witness. The application and/or weight of any such inference shall be determined by a standard of objective reasonableness under the circumstances. E. Rules of Evidence 1. Virginia's Rules of Evidence. The Virginia Rules of Evidence, set forth within Part II of the Rules of the Supreme Court of Virginia. in the Code of Virginia. and in applicable Virginia Supreme Court opinions, shall be followed to the extent practicable within every Review Hearing. However, those rules are not binding, and the parties or their representatives may present arguments in support of the admission or exclusion of specific evidence. a. Admissibility of Evidence: i. Motions and Objections. Upon a proper motion or objection being made, the Hearing Examiner may make an evidentiary ruling as to the admissibility of evidence. Absent a sustained objection or motion as detailed herein, all evidence presented shall be deemed admissible. ii. A motion or objection is proper only when made be made only by the following: • A party, • The Board chair, • A Board member, seconded by another Board member Page 123 of 231 iii. Rulings on Motions and Objections. The Hearing Examiner’s decision on motions or objections, as detailed herein, shall be noted for purposes of the record of the Review Hearing. iv. Overruling Objections. The Board, by majority vote, may overrule a Hearing Examiner’s ruling as to the admissibility of any evidence. 2. Prior or Subsequent Conduct of Complainant or Officer. Prior or subsequent conduct of a complainant or police officer or employee may be considered by the Board in reviewing the findings and conclusions set forth within an Investigative Report. The determination of relevance of such conduct shall be based on an assessment of whether such conduct was substantially similar to the conduct that is the subject of the complaint, and whether such conduct indicates a pattern that should have been considered during the investigation. The following evidence related to prior conduct shall be excluded: a. Information or documents about the complainants’ past encounters with the police, if they do not show modus operandi, or a pattern or practice of behavior that are relevant to the conduct that was the subject of the investigation. b. The criminal record of an individual, unless the criminal record includes offenses that would tend to impeach the credibility of that individual (e.g., prior conviction for forgery or perjury). c. Witness testimony that is not helpful to the Board in reaching a factual conclusion. d. An officer’s or employee’s past disciplinary record may not be excluded from consideration. F. Timeline for Issuing Reports: Within 30 days of the completion of the Review Hearing, or within 30 working days following receipt of a report from the Executive Director regarding the findings of an independent investigation conducted pursuant to Charlottesville City Code § 2-459(d) and Section IV(A)(3) of this operating procedure, the Board will report publicly its disposition of the case and also make notice of findings directly to the parties and the City Manager, and will post their findings on the Board’s website. G. Confidentiality of Information: “Personal information”, as defined in Virginia Code § 2.2-3801, shall be maintained confidential (i.e., not publicly disclosed) throughout the Board’s proceedings under this Operating Procedure, until the proceedings have been concluded. At the end of the proceedings, questions regarding specific items of “personal information” to be included within the Board’s public report shall be resolved with the City Manager, in Page 124 of 231 accordance with Charlottesville City Code § 2-453(f) and the Standard Operating Procedure referenced in that Charlottesville City Code section. H. Right to advisor/representative of choice. Throughout the hearing process, all parties may consult with and be represented by legal counsel, their legal guardians, authorized representative, or another individual advisor/representative of their choosing at any meeting or proceeding related to the Hearing process. A representative is not required, and the complainant and the Department are each responsible for ensuring their representatives’ presence at the hearing. I. Interpreters. Any party requesting an interpreter shall provide at least 14 working days written notice of this request to the Executive Director. J. Continuances. The Board or the Executive Director may continue a Review Hearing due to the unanticipated unavailability of a witness or the individual who filed the Review Request (or their representative) for good cause shown, or due to the unavailability of an interpreter, or for other reasons deemed by the Board to constitute “good cause”. K. Non-Appearance of the Complainant or the Department. In the event that any party, fails to appear more than 30 minutes after the scheduled time for a Review Hearing, the hearing will proceed, and the allegations may be sustained, or not, based on the evidence in the record and that presented by the other parties and witnesses. Provided that a party or a witness has been given all of the notice(s) required by this O.P., the Board may infer from the party’s or a witness’s voluntary absence from a Hearing, despite notice and a request to appear, that their truthful participation would have been adverse to the interests of such voluntarily absent party or witness. The application and/or weight of any such inference shall be determined by a standard of objective reasonableness under the circumstances. L. Limitation of Use of Subpoenas. In cases where a Review Hearing is held, the Board may not subpoena any police officer(s) to testify at the Review Hearing. The individual police officer(s) who were involved in the civilian-police interaction that was the subject of the complaint are not parties to a Review Hearing. Statements of the police officer(s) collected during the IA Investigation shall be utilized by the Board, in lieu of subpoenaing police officers Page 125 of 231 as witnesses. Conditions under which the Board may request subpoenas during investigations are detailed in the Issuance of Subpoenas Procedure. M. Officer Participation in the Event of the Board’s Initiation of an Independent Investigation. If, after a finding the Board chooses to assign the Executive Director to conduct an independent investigation, the City Manager shall require police officers within the Department to cooperate with the investigation, and to give interviews to the Executive Director, in the same manner as if the Department itself were conducting the investigation. This shall be the case regardless of whether the police officer(s) were previously interviewed during the IA Investigation. A representative of the Office of Internal Affairs shall be present at all such interviews, as an observer/ monitor. N. Selection of a Hearing Examiner. The Executive Director shall select a Hearing Examiner, in accordance with the Hearing Examiner Procedure O. Pre-Hearing Conference. At the direction of the Board Chair, the Executive Director may schedule a pre-hearing conference to discuss preliminary issues related to the hearing. The Executive Director will provide at least ten days’ notice of the pre-hearing conference to all parties. The Hearing Examiner shall preside over the Pre-Hearing Conference attended by the Parties, the Board Chair and the Executive Director. At the Pre-Hearing Conference the following issues to be discussed and resolved include, but shall not be limited to: i. Setting the date for the Review Hearing. ii. Any conflicts of interest or requests for recusal. iii. Standards of conduct and decorum for the hearing. iv. Objectives of the Complainant. v. Evidentiary issues. vi. Identification of witnesses needed for the Review Hearing vii. Order of statements and presentation of evidence viii. Preliminary requests or motions for the Board. ix. Any other such issues that may resolved in advance to facilitate the orderly progress of the Review Hearing. P. Notice of Review Hearing. Notice of the scheduled hearing shall be given to the parties, and to any witnesses whose testimony is to be accepted during the hearing no fewer than 14 days prior to the scheduled hearing. If the complainant or individual who filed a Review Request seeks to present testimony from witnesses, those individuals shall be identified not later than Page 126 of 231 at the pre-hearing conference. Witnesses not identified at the pre-hearing conference shall not be permitted to testify at the Review Hearing, without a showing of good cause, and with the approval of a majority of the Board. Failure of any person to receive proper notice pursuant to this section shall not create cause for the matter under consideration to be closed to the Board’s review. Failure to provide proper notice may create good cause for the Board to grant a continuance of the matter, at the discretion of the Board. Q. Engagement of Expert Witnesses by the Board. The Board or the Executive Director, with the authorization of the Board, may engage disinterested medical, forensic, technological, or other experts, as defined by applicable law, when expertise on a topic is needed in order to achieve a fuller understanding police practices, policies or procedures, technical or scientific evidence, and/or of the methodology of the IA Investigations, or the conclusions reached by the Department within the IA Investigation. (Any such engagement shall be in accordance with applicable competitive procurement requirements). R. Open Public Meeting – Virginia Freedom of Information Act (FOIA) The PCOB is subject to the requirements of the Virginia Freedom of Information Act (“FOIA”), Virginia Code § 2.2-3700 et. seq., both as to access to public records of its deliberations and decisions, and as to FOIA’s requirements for the business of the PCOB to be transacted within open, public meetings unless exempted by FOIA. The PCOB shall exercise any discretionary exemption available to it under applicable FOIA provisions, balancing the interests of transparency and privacy interests, as those interests may relate specifically to the circumstances at issue in a particular complaint. S. Confidentiality: 1. Department records will be shared with the Board, pursuant to the provisions of Charlottesville City Code § 2-452(e), § 2-453(f) and the Standard Operating Procedures referenced in those Charlottesville City Code sections. No Board member shall use or share any Department records with other individual(s), or for any purposes other than preparation for the Review Hearing. 2. The Board may not, by majority vote or otherwise, compel the Department to share its records with the public, with any individual(s) who filed the Review Request, or who any individual representing the filing party at the Review Hearing. Neither may the Board, by majority vote or otherwise, share Department records except as authorized by Charlottesville City Code § 2-452(e), 2-453(f) and the Standard Operating Procedures referenced in those code provision. Upon request by a Complainant, the Board may itself review specific records within the IA file. The Board may verify the presence or absence of specific records as part of its public report. Page 127 of 231 3. Board members will not have access to records listed in Charlottesville City Code § 2-452(f). 4. Notwithstanding the foregoing, and subject to any exemptions authorized by FOIA or other state law(s), a person who is the subject of IA Records shall have the rights set forth within Virginia Code § 2.2-3806. 5. “Personal information”, as defined in Virginia Code § 2.2-3801, shall be maintained confidential (i.e., not publicly disclosed) throughout the Board’s proceedings under this Operating Procedure, until the proceedings have been concluded. Page 128 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES DISCIPLINARY RECOMMENDATIONS Type of Policy: PCOB Operating Procedures Policy No. PCOB-11 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE Following any investigation or hearing authorized by Charlottesville City Code Article XVI § 2- 461(a)(1), should the Board make a finding that any police action constituted a serious breach of departmental or professional standards, the Board shall meet to determine disciplinary recommendations to make to the Charlottesville Police Department (CPD). In making such recommendations, the Board shall review written policies, procedures, and the Department’s general orders. II. ENABLING LEGISLATION Code of Virginia § 9.1-601.C.3 Charlottesville City Code § 2-461(a)(1) III. PROCEDURES A. Types of Disciplinary Recommendations. Disciplinary recommendations for specific acts of misconduct shall be consistent with the range of sanctions allowable under the CPD Disciplinary Matrix for the type of violation at issue in the investigation. Recommendations may also include changes to supervisory practices or procedures to disincentivize similar breaches of departmental or professional standards in the future and to ensure that such breaches, if they do occur, are timely identified by CPD command staff and that corrective discipline is timely imposed. If the Board is concerned about the advisability or lawfulness of a particular policy that was at issue in the situation under Page 129 of 231 review, then the Board may initiate an audit, or the Board may recommend that the chief of police review the policy and update it in accordance with current federal and state laws, or 21st Century community policing principles or other generally recognized best practices. B. Timeline. The meeting shall be held no later than 14 calendar days from the date of the Board’s fact- finding referenced in paragraph B above. C. Notice to Officer/Employee. The Executive Director shall notify the chief of police and the subject officer or employee at least 10 working days before the meeting. The notification shall include a summary of the sustained allegations and the range of disciplinary actions that may be considered by the Board. D. Structure. The Board Chair shall preside at all Disciplinary Meetings. At the beginning of the meeting, the Board’s Executive Director shall provide a written report to the board and make a presentation of the report, which shall include the following: 1.A summary of the allegations constituting serious misconduct 2.The opinion of the chief of police; 3.Input from the complainant; 4. Input from witnesses, if appropriate; 5. Written statement from of the officer, if they wish to provide one; 6. Prior sustained community member complaints against the officer, if they exist; and 7. The applicable provisions of the CPD disciplinary matrix or General Order. The Board may then hear statements from the chief of police, and the subject officer or their representative, if the officer elects to participate. E. Participation of the Subject Officer/Employee. The subject officer/employee may be represented by an attorney when interacting with the Executive Director in advance of the Disciplinary Meeting, and during the Disciplinary Meeting, of the officer/employee elects to participate. At any stage of the proceeding, the officer/employee may submit a written statement to the Executive Director or Board to be considered during the Disciplinary meeting, in lieu of in-person participation. In this Page 130 of 231 meeting the officer/ employee’s Attorney’s role shall be limited to presentation of information and or statements on behalf of the officer or employee. If the subject officer/employee elects to appear in person at the Disciplinary Meeting, the officer will be allowed to provide an oral statement to the Board at the Meeting and will not be subject to cross-examination by anyone. No adverse inference may be made by the Board solely based upon the officer’s or employee’s decision not to participate in any aspect of the Disciplinary Meeting. No portion of the Disciplinary Meeting at which the subject officer/ employee’s personal information (as defined in Va. Code § 2.2-3801, shall be open to the public. The Board may either discuss and deliberate in a closed meeting, or the Board may elect to publicly discuss and deliberate using references only to “The Officer” or “The Employee”, and other precautions. F. Recommendations. All recommendations of the Board shall be established by majority vote of a quorum of Board members. The recommendations shall be publicly announced and shall not reference any personal identifying information about the involved officer/ employee without the concurrence of the City Manager. The Board will submit disciplinary recommendations reflective of the Board’s majority vote to the chief of police and the City Manager in writing within 10 calendar days from the date of the disciplinary meeting. If the Department declines to implement the disciplinary recommendation of the Board, within 30 days of the Board’s recommendation, the Chief of Police shall provide a written explanation of their reason for declining to implement the Board’s recommendation. This explanation shall be made available to the Board, the City Council, the City Manager, and to the public. G. FOIA. To the extent permitted pursuant to FOIA, some or all of the disciplinary meeting may be held in closed session. To enter into a closed meeting, the Board shall follow the procedure required by Code of Virginia § 2.2-3712. Page 131 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES MEDIATION Type of Policy: PCOB Operating Procedures Policy No. PCOB-12 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The purpose of this Operating Procedure is to set forth the circumstances in which disposition of a matter over which the PCOB has authority may be determined by a person or persons other than the PCOB. Notwithstanding various terminology utilized within Chapter 2, Article XVI (the “Ordinance”) (i.e., “mediation” and “mediation or other alternative dispute resolution methods”, or “informal resolution”): these Operating Procedures set forth City Council’s express guidance on how the provisions within the Ordinance shall be interpreted and applied. In the event of any apparent disparity between the provisions of this Operating Procedure and provisions of the Ordinance, the provisions of this Operating Procedure shall govern the interpretation of the Ordinance. Where the Ordinance references “informal resolution”, that term is used to mean and refer to the authority of the PCOB to deviate from the strict requirements of the Operating Procedures for a hearing, in cases where all parties are agreeable. II. ENABLING LEGISLATION Va. Code § 9.1-601(C)(3) Charlottesville City Code § 2-460(b); 2-466(c); 2-468 III. PROCEDURES A. Mediation 1.Mediation shall be the only form of alternative dispute resolution utilized by the PCOB or Executive Director to address complaints. Page 132 of 231 B. Planning for a Successful Mediation Program 1.Prior to referring any citizen complaints to mediation, the PCOB and the Board will engage in a planning process such as that highlighted in Chapter 5 (“Planning for a Successful Mediation Program) of the U.S. DOJ Publication “Mediating Citizen Complaints Against Police Officers: A Guide for Police and Community Leaders”). 2.PCOB’s independent legal counsel shall certify to the City Manager and City Attorney that, in independent counsel’s opinion, a careful planning process has been undertaken and an appropriate mediation program is ready for implementation by the PCOB and Executive Director. Following this certification, the PCOB and Executive Director may refer complaints to mediation. C. Case Eligibility 1.The following CANNOT be referred to mediation by the PCOB or Executive Director: a. Any complaint involving use of force by a law-enforcement officer, death or serious injury to any person, serious abuse of authority, allegedly discriminatory stops, and other allegations of serious misconduct in violation of a person’s Civil Rights; or b. Any complaint involving an officer who has been named in two or more civilian complaints within the 12 months preceding the date of the complaint (excluding complaints resolved by mediation); or c. Any complaint, of any nature whatsoever, made by an individual other than the individual who was the subject of the citizen-police interaction that is the subject of the complaint, or their designated representative. An individual who has elected to have a representative aid them in the pursuit of a complaint may participate in mediation, but the representative may not be present during mediation sessions. The mediator may allow the participation of a legal guardian when the subject of the alleged misconduct is a minor or otherwise disabled. 2.Complaints selected for referral to mediation will be cases in which the goal of mediation will be building understanding, and not fact-finding or determination of “guilt” or “innocence”. 3.Citizen complaint mediation is an alternative to the PCOB’s review of an internal affairs investigation previously conducted by the Department and is an alternative to an investigation by the PCOB of a police-citizen interaction. Page 133 of 231 a. If mediation achieves an outcome that is satisfactory to both the citizen and the police officer or Department representative who participated in the mediation, the PCOB shall have no further jurisdiction over the complaint. If this will be unacceptable to the PCOB in a given situation, the complaint shall not be referred for mediation. D. Timing of Referral 1. The Executive Director shall notify the PCOB membership by email, of an assessment that a particular complaint is suitable for mediation (“Notification”). If the Executive Director receives no response from a member within 48 hours of giving the notification, the member shall be deemed to have no objection to mediation. 2.If two or more members of the PCOB give notice by email to the Executive Director within 48 hours of the Notification that they object to a complaint being mediated, then the question of mediation will be presented to the Board to be decided by majority vote. Initial referral for mediation shall occur prior to any investigation by the PCOB or Executive Director beyond that necessary to determine if the complaint is eligible for mediation. Parties to the complaint may, however, request mediation at any time prior to the commencement of an investigative hearing. E. Selection of Mediator; Mediator Qualifications 1.The PCOB will use a mediator on contract with the City, when available. If PCOB would like to establish contracts with one or more mediation organizations to call upon on an as-needed basis, the contracts may be awarded after compliance with procurement procedures. Regardless of how a mediator is selected in a given situation, a written engagement letter/ contract shall be executed by the mediator. 2.The Executive Director shall endeavor to locate/identify, or to develop, a cadre of certified mediators who are willing to study and develop proficiency specific to handling mediations of disputes arising from citizen-police interactions. 3.Every mediator shall be certified pursuant to guidelines promulgated by the Judicial Council of Virginia (reference: the Virginia Supreme Court’s Guidelines for the Training and Certification of Court-Referred Mediators), and the certification must be in the category “Circuit Court-Civil”. The City Manager may also accept mediators with equivalent qualifications. 4.To ensure mediator neutrality, prior to engaging a mediator in a particular situation, the prospective mediator shall be advised of the individuals who will be participants in the mediation, and the prospective mediator shall be given summaries of the factual allegation of the complaint. The prospective mediator shall be advised that they must Page 134 of 231 disclose all actual and potential conflicts of interest reasonably known to the mediator, and any written engagement agreement shall include a certification by the mediator that no conflicts exist. (Financial conflicts are not likely to arise in civilian complaint cases, but conflicts arising from political attitudes or personal associations may exist or may arise). The mediator shall decline to participate in a mediation, and shall decline to participate further in a mediation once engaged, should any conflict arise. 5.The mediator’s written engagement shall contain an acknowledgment that the mediation is governed by the provisions and requirements of Virginia. Code § 8.01- 581.21 et seq., including the standards and duties of mediators set forth within Virginia. Code § 8.01-581.24. Mediators should explain to the parties the confidentiality requirements in these provisions. 6.The written engagement of the mediator shall ensure that the mediator will conduct the mediation in accordance with this Operating Procedure, and a copy of this Operating Procedure shall be provided to the mediator at the time of engagement. 7.No individual may serve both as mediator and hearing examiner relative to a complaint. F. Voluntary Participation and Settlement 1.The Board shall prepare informational brochures (one, suitable for citizens and a second, suitable for police officers) advising of the potential benefits of mediation, the confidentiality of the process, and the potential consequences for each participant of reaching a settlement of a particular dispute. 2.The Executive Director shall advise a citizen and police officer(s) involved in the incident that is the subject of a complaint that the complaint may be eligible for mediation as soon as practicable after making such a determination. G. Proceedings 1.Mediations shall be governed by the provisions of Virginia. Code Title 2.2, Chapter 41.1, and by the provisions of Virginia. Code Title 8.01, Chapter 21.2. 2.Mediations of citizen complaints shall not include or involve attorneys. Neither the complainant nor the officer(s) participating in the mediation shall be entitled to a representative or an attorney within the mediation. 3. Confidentiality is an essential element of mediation. For mediation to succeed, both sides must feel free to speak candidly. The mediator shall be required to utilize a written form advising the parties to the mediation of their obligation and agreement as to confidentiality, and a plain-language explanation of the provisions of Virginia. Code § Page 135 of 231 8.01-581.22. Participants shall be required to sign the form, acknowledging their understanding of the process. 4.It is expected by the PCOB that each mediation process will be approached as a structured process, generally outlined as follows 1: a. Introduction—mediator introduces the parties, explains the mediation process, and sets ground rules for the session b. Problem determination—mediator identifies the problem that has brought the parties together and asks each to explain their side of the story c. Summary—mediator summarizes the problem in a neutral and evenhanded manner d. Issue identification—mediator helps the parties identify specific issues that need to be mediated, without introducing mediator’s own interpretation of the dispute(s). Dialog between the two parties is to be the primary focus of the process. e. Development of alternatives—mediator assists the parties to discuss alternative ways to resolve the dispute(s). It is not within the purview of the mediator to impose a solution, but they may recommend options based on past experience. Further, the mediator will emphasize dialog between the parties and not a quick settlement (e.g., “It’s getting late; we need to wrap this up”). f. Selection of appropriate alternatives— once options have been discussed, the mediator will assist the parties in coming to agreement as to an appropriate solution. Creative, non-traditional solutions/ outcomes are encouraged (such as agreements for the parties to take some type of action outside the mediation session that will build understanding between the parties as human beings). No solution/ outcome may require any monetary payment from a police officer individually, or from the City of Charlottesville or any of its public officials, nor shall any solution/ outcome create any other binding legal obligation on the City of Charlottesville or its public officials. The mediator shall understand that a police officer participating in mediation does not have authority to speak for or bind the City organization or any of its other public officials or employees. 1 The outlined process is credited to “The Mediator Handbook” published by the Center for Dispute Resolution at Capital University in Columbus, Ohio (Mitchell and Dewhirst 1990) and cited within “Mediating Citizen Complaints against Police Officers: A Guide for Police and Community Leaders” authors Samuel Walker, Carol Archbold, Leigh Herbst (Department of Criminal Justice University of Nebraska at Omaha, 2002) published by the U.S. Department of Justice, Office of Community Policing Services. Page 136 of 231 Conclusion of mediation—The mediation session concludes with a clear statement of, and agreement on the terms of the resolution. The statement will be documented as in (IV.) below. IV. Mediation Outcome Reporting A. If both parties agree that the mediation has been successful, the Department will remove the complaint from the officer’s personnel file(s). Within PCOB and Department files, the case will be logged and tracked as having been “Mediated”. A successful mediation must be documented with a simple statement to that effect, signed by both parties. The document must not contain details regarding the nature of the complaint or the final agreement, simply a certification that the parties agree that mediation was successful. (However, if the resolution requires the parties to take some action outside the mediation process, a written understanding of what action is supposed to take place may be prepared and placed in a sealed file in the possession of the mediator and the file will remain sealed and confidential so long as the activity occurs. In such cases, the parties to the mediation shall notify the mediator once the activity is completed, and the written acknowledgement of successful mediation will be forwarded to the PCOB at that time). B. A mediation will be deemed “unsuccessful” if (1) either party expresses dissatisfaction with the outcome or (2) the mediator indicates that one or both parties failed to participate in good faith or (3) either party fails to attend a mediation session without adequate justification. If mediation is unsuccessful the mediator will document this outcome and notify the Executive Director of that fact, without disclosing any other details. The complaint will be returned to the PCOB for handling, in the same posture as the case existed prior to referral to mediation. V. RESOURCES A. “Mediating Citizen Complaints against Police Officers: A Guide for Police and Community Leaders” authors Samuel Walker, Carol Archbold, Leigh Herbst (Department of Criminal Justice University of Nebraska at Omaha, 2002) published by the U.S. Department of Justice, Office of Community Policing Services. Virginia Supreme Court’s Guidelines for the Training and Certification of Court-Referred Mediators) Page 137 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES ISSUANCE OF SUBPOENAS Type of Policy: PCOB Operating Procedures Policy No. PCOB-13 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE This Operating Procedure implements the power of the Board to request subpoenas for the production of evidence or the appearance of witnesses. II. ENABLING LEGISLATION Charlottesville City Code § 2-452(c)(8) Charlottesville City Code § 2-458(f) III. PROCEDURES The Board shall make a good faith effort to obtain access to information as detailed in Sec. II.A. of this Operating Procedure. If after such effort the Board is unable to secure voluntary cooperation or production, the Board may apply to the Circuit Court for the City of Charlottesville for a subpoena compelling the attendance of such witnesses, or the production of such books, papers and other evidence according to the following procedure: A. The Board may exercise its subpoena power only by a two-thirds vote of the majority after first making a good faith effort to obtain the evidence voluntarily. B. Upon a proper two-thirds vote of the majority the Board may direct the Executive Director, on behalf of the Board, to apply to the Charlottesville Circuit Court for a subpoena compelling the attendance of such witness or the production of such books, papers or other evidence. C. Prior to making the Board’s authorized application to Court for a subpoena directed to a City official or City employee, the Board shall give the City Manager and the Department reasonable notice of its intent to subpoena such witnesses or records. If Page 138 of 231 the City Manager concurs that the Board’s request is reasonable and necessary for the Board’s work, then the City Manager will direct and authorize the Executive Director to obtain the information (records) from the department(s), or if the Board seeks testimony, the City Manager will direct the City official or employee to participate; provided, however, that in no circumstances shall any subpoena be directed to the City Attorney’s Office, or to any employees therein. (See also Operating Procedures X and Y). In the event of a conflict between the provisions of this Operating Procedure and the provisions of another Operating Procedure, the more specific provisions shall apply. D. The Board shall give the City Attorney a copy of the request for subpoena on the same day that it is filed with the Court. E. The Board shall not unreasonably withhold its agreement to limitations on the Board’s request for records or testimony which are requested by the City Manager that may be necessary to protect confidential information. F. The Board or the City Manager may request that any hearing to be held in Circuit Court on the subpoena request be conducted in a closed courtroom, if permitted by law, and either the Board or the City Manager may request a protective order. G. Upon request of either the Board or the City Manager, the court file for such subpoena may be kept under seal, to the extent permitted by law and where authorized by the judge. H. The Court, on finding such witness or evidence is necessary for and material to the discharge of the Board’s duties, may issue the requested subpoena. I. The Court may cause the subpoena to be issued with such conditions as the Court may deem necessary to protect confidentiality. J. Rule 3A:12 of the Rules of the Supreme Court of Virginia shall govern the issuance of Board requested subpoenas, pursuant to this operating procedure. Page 139 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES EXECUTION OF AUDITS Type of Policy: PCOB Operating Procedures Policy No. PCOB-14 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The purpose of this Operating Procedure is to set forth the process and procedures by which the Board may exercise its authority granted under Charlottesville City Code, Chapter 2, Article XVI, § 2-462 (the “Ordinance”), as enabled by Code of Virginia § 9.1-601(C)(4) (referred to as “Audits” or “the Audit Function”). These Operating Procedures set forth City Council’s guidance on how the provisions within Charlottesville City Code, Chapter 2, Article XVI, § 2-462 shall be interpreted and applied II. ENABLING LEGISLATION Code of Virginia § 9.01-601(C)(4) Charlottesville City Code § 2-462(a) and(b) III. PROCEDURES As authorized in Charlottesville City Code § 2-462(b), the Board may direct the Executive Director on its behalf to review and make recommendations regarding policies, practices, and procedures of the Department, and to conduct retrospective examinations and audits of patterns in Internal Affairs investigations, arrest and detention, and other public-police interactions. The Board may initiate an audit in support of the development of policy recommendations as authorized in Charlottesville City Code § 2-462(a). The Board’s authority to have the Executive Director perform an Audit is distinct from the Director’s authority to monitor Internal Affairs investigations as provided in Charlottesville City Code § 2-455(c). A. Manual of Audit Procedures Page 140 of 231 The Executive Director shall compile a manual that establishes guidelines for implementing this Operating Procedure (“Manual”), which shall be approved by the Board. The Manual shall implement these Operating Procedures and shall contain no processes or guidelines in conflict with the Ordinance or these Operating Procedures. Neither the Board nor the Executive Director shall have authority, within the Manual, to impose requirements on any police officers or other employees or management personnel within the City; however, the Board and the City Manager may jointly establish protocols to be incorporated within the Manual, and the City Manager’s endorsement of such protocols shall be reflected by his signature to the document. The Manual shall be based on guidance that reflects best police oversight and auditing practices including, but not limited to those set forth within the following documents: • NACOLE- Guidebook for the Implementation of New or Revitalized Police Oversight • Los Angeles Police Department- Audit Division Policy and Procedures Manual • The Yellow Book- Generally Accepted Government Auditing Standards (GAGAS)- 2018 Revision The Manual will identify audit techniques and practices that are relevant to types of retrospective analyses that the PCOB will be conducting. The Manual will reflect best audit practices, cognizant of organizational and resource constraints facing the Board. The Executive Director shall present the Manual for review and approval by the Board. The Manual shall also be certified by both the Board’s independent legal counsel and the Office of the City Attorney as being consistent with the City Ordinance and these Operating Procedures. The Manual shall be reviewed by the Executive Director and recertified by the attorneys every three years to ensure it represents the latest standards in the field and changing circumstances within the City of Charlottesville. The review and revision of the manual should seek to incorporate any feedback provided from members of the public, members of the PCOB, the City Manager’s Office, City Attorney’s Office, the Chief of Police, the Commonwealth Attorney for the City of Charlottesville, and any other relevant stakeholder. The Audit Manual will address the following topics, at a minimum: • Audit planning process and the development of an Audit Plan • Definition of audit objectives and questions to be addressed • Auditor qualifications, audit staffing and participation • Assurance of audit independence • Identification of data sources and databases to be accessed, data analyses to be conducted and individuals to be interviewed • Other tasks required to complete the audit • Projected schedule and costs of the audit • Documentation of compliance with audit procedures and guidance • Documentation of audit results and answers to audit questions Page 141 of 231 • Format and organization of the Audit Report • Precautions for handling confidential and personal information No audits shall be undertaken until the Audit Manual required by this Operating Procedure has been approved by the City Manager’s Office (when required by this Procedure) and has been certified by the City Attorney and the Board’s legal counsel as set forth above. B. Execution of the Audit The Board shall specify the subject and scope of the audits in consultation with the Executive Director and shall request audits be undertaken by majority vote. The Executive Director shall prepare a proposed Audit Plan before commencing the work on any audit; the plan will address all the audit elements identified in Section A., above. The proposed Audit Plan shall be provided to the City Manager and Chief of Police, and they shall be given an opportunity to be heard on any matters that may adversely impair or disrupt ongoing operations of the City administration or CPD. Failure of either the City Manager or the Chief of Police to provide a response to the proposed audit plan within 10 days of receipt shall constitute their tacit approval of the proposed audit plan. Final approval of an Audit Plan by the Board is required before work commences. If the City Manager and Chief of Police do object to the Audit Plan as submitted, the Plan shall be deemed approved without a further Board vote. All audits shall be conducted in accordance with the approved Audit Plan and on the schedule and budget specified therein, and in accordance with the Ordinance, this Operating Procedure and with the Audit Manual. When the execution of an audit spans more than 30 days, the Executive Director shall report on the progress on the audit at each regular Board meeting until the audit is complete. If, during the process of an audit, the Executive Director determines that changes are needed to the audit procedures, the changes and justification for them will be documented in a proposed Amended Audit Plan which shall be reviewed by the City Manager and Chief of Police and then provided to the Board for approval, following the same process as for establishment of the original Plan. C. Audit Documentation Progress on the audit, compliance with audit procedures, and audit outcomes will be documented using available software selected by the Executive Director. Auditors should design the form and content of audit documentation to conform the requirements of the Audit Plan and meet the circumstances of the particular audit. The audit documentation constitutes the principal record of the work that the auditors have performed in accordance with standards, and the conclusions that the auditors have reached. The quantity, type, and content of audit documentation are a matter of the auditors’ professional judgment, within the specifications of the Audit Plan. Page 142 of 231 Auditors will prepare a draft Audit Report for review by the Board and the Board’s independent legal counsel. Audit Reports transmitted to the Board will avoid or minimize the use of “personal information”, as defined in Virginia Code § 2.2-3801. Audit reports that cite or otherwise disseminate personal information about a city employee shall be publicly released only after compliance with the requirements of the Information Sharing SOP adopted by the City Manager pursuant to Charlottesville City Code § 2-453(f). The Draft and Final Audit Reports shall include a copy of the original or amended Audit Plan as an Appendix. Following preliminary review by the Board of a draft Audit Report for compliance with this Operating Procedure, a Final Audit Report will be presented at a regular meeting of the Board and a copy of the final Audit Report will be posted on the PCOB website. D. Delegation of Audit Performance With approval of the Board, the Executive Director, or any qualified city employee under the Executive Director’s supervision, may undertake roles required for the completion of an audit. The Executive Director’s/ employee’s role(s) shall be specifically identified within the Audit Plan. Employees of the Charlottesville Police Department may not participate in the audit process beyond providing information in support of the audit. The Executive Director may also seek to engage independent contractors and firms to perform some or all of an Audit. Contracted services shall be allowed if contracts for the services are awarded after compliance with the City’s Small Purchase Procedures or other competitive procurement processes, when required. In all cases, however, the Executive Director will be responsible for assuring that audits comply with all provisions within this Operating Procedure and are conducted on schedule and within budget. If independent contractors are engaged, the Audit Plan will identify the independent contractor’s role and responsibilities and shall include adequate quality assurance mechanisms to document compliance with the Plan. E. Cooperation from City Departments In developing Audit Plans, the Executive Director shall coordinate with the Charlottesville Police Department, the City Manager’s Office, and any other city departments from whom data will be requested or from whom cooperation would be required. The Charlottesville Police Department and other city departments shall cooperate with reasonable requests for access to information and personal interviews. Provision of information and scheduling of interviews may be negotiated on a mutually agreed basis, but in no case can access to information or personnel be unreasonably delayed. If the desired information or cooperation is not forthcoming within 30 days of a written request, Page 143 of 231 the Executive Director may request that the City Manager direct the appropriate department heads to cooperate with the PCOB audit. If the City Manager issues the instruction and the department head fails to comply, the department head shall be subject to disciplinary action and the City Manager shall send the Executive Director into the applicable department with all necessary support and assistance (including from the Department of Information Technology) to collect the information and records. If necessary to complete an audit, after all other administrative means have been exhausted, the Board may request subpoenas as authorized in Charlottesville City Code § 2-46(b), applying the procedures described in Charlottesville City Code XVI § 2-458(f). Notwithstanding the foregoing: the City Attorney’s Office shall be excluded from the list of departments from whom data may be requested during an Audit and shall not be required to participate in any interviews pertaining to an Audit. However, nothing shall preclude the City Attorney and the Board’s independent counsel from mutually agreeing to an exchange of non-privileged records relating to non-pending claims or noon-pending litigation matters directly relevant to a matter being audited, only if such records cannot be obtained from any other department(s). All such records shall be provided by the City Attorney’s Office to the outside counsel. Page 144 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES PEACEFUL ASSEMBLY MONITORING Type of Policy: PCOB Operating Procedures Policy No. PCOB-15 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE Members of the Board may observe or monitor “demonstrations” as defined by Charlottesville City Code §18-36. This procedure outlines the authority and responsibility of Board members when monitoring demonstrations. II. ENABLING LEGISLATION Charlottesville City Code § 2-452(c)(9) III. PROCEDURES A. Training And Identification Members of the Board monitoring such demonstrations or gatherings will be appropriately trained in applicable law and monitoring procedures. They will clearly identify themselves to police and participants as monitors and shall not participate in assemblies they are monitoring. B. Reports Members of the Board shall report their experiences and observations to the Board at the next regular Board meeting after serving as a monitor at any gathering or demonstration. C. Information on Complaint Process Board members or the Executive Director may inform attendees of demonstrations of procedures for reporting police misconduct to the Police Department or to the Board. D. Report of Misconduct Page 145 of 231 Members observing misconduct by Police officers during a demonstration shall promptly provide a written statement to the Executive Director describing the misconduct. Any such member shall recuse themselves from discussing or participating in any deliberative or decision-making capacity on any Board decisions related to the misconduct they observed. Members may not file complaints with the Board. Page 146 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES COMMUNITY ENGAGEMENT Type of Policy: PCOB Operating Procedures Policy No. PCOB-16 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE This procedure specifies activities for community outreach and engagement that may be undertaken by the Board. II. ENABLING LEGISLATION Charlottesville City Code § 2-452 Charlottesville City Code § 2-465 III. PROCEDURES A. Community Listening Sessions At least twice a year, the Board shall host public community listening sessions or town hall meetings to discuss policing matters of pressing public concern, including the impacts of local policing on historically disadvantaged communities that currently experience or traditionally have experienced disparate policing. B. Community Training At least yearly, the Board shall host public community trainings on topics like legal observation of peaceful assemblies and “know your rights” in interactions with the police. The board will poll the community to determine what training the community needs. C. Community Events At least once a year, the Board shall participate in community-sponsored events where they can educate the community about the Board and its purpose. Page 147 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURE CODE OF ETHICS 1 Type of Policy: PCOB Operating Procedures Policy No. PCOB-17 Subject: POWERS AND DUTIES Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: I. PURPOSE The Board shall be governed in all its powers and duties by a code of ethics. II. ENABLING LEGISLATION Charlottesville City Code § 2-452 Charlottesville City Code § 2-453 III. PROCEDURES A. Preamble Civilian oversight practitioners have a unique role as public servants overseeing law enforcement agencies. The community, government, and law enforcement have entrusted them to conduct their work in a professional, fair and impartial manner. They earn this trust through a firm commitment to the public good, the mission of their agency, and to the ethical and professional standards described herein. 1 The Code of Ethics was developed by the National Association of Civilian Oversite of Law Enforcement (NACOLE.) Page 148 of 231 The standards in the Code are intended to be of general application. It is recognized, however, that the practice of civilian oversight varies among jurisdictions and agencies, and additional standards may be necessary. The spirit of these ethical and professional standards should guide the civilian oversight practitioner in adapting to individual circumstances, and in promoting public trust, integrity and transparency. B. Personal Integrity Demonstrate the highest standards of personal integrity, commitment, truthfulness, and fortitude in order to inspire trust among your stakeholders, and to set an example for others. Avoid conflicts of interest. Conduct yourself in a fair and impartial manner and recuse yourself or personnel within your agency when significant conflict of interest arises. Do not accept gifts, gratuities or favors that could compromise your impartiality and independence. C. Independent and Thorough Oversight Conduct investigations, audits, evaluations and reviews with diligence, an open and questioning mind, integrity, objectivity and fairness, in a timely manner. Rigorously test the accuracy and reliability of information from all sources. Present the facts and findings without regard to personal beliefs or concern for personal, professional or political consequences. D. Transparency and Confidentiality Conduct oversight activities openly and transparently providing regular reports and analysis of your activities, and explanations of your procedures and practices to as wide an audience as possible. Maintain the confidentiality of information that cannot be disclosed and protect the security of confidential records. E. Respectful and Unbiased Treatment Treat all individuals with dignity and respect, and without preference or discrimination including, but not limited to age, ethnicity, citizenship, color, culture, race, disability, gender, gender identity, gender expression, housing status, marriage, mental health, nationality, religion, sexual orientation, socioeconomic status, or political beliefs, and all other protected classes. F. Outreach and Relationships with Stakeholders Disseminate information and conduct outreach activity in the communities that you serve. Pursue open, candid, and non-defensive dialog with your stakeholders. Educate and learn from the community. G. Agency Self-examination and Commitment to Policy Review Seek continuous improvement in the effectiveness of your oversight agency, the law enforcement agency it works with, and their relations with the communities they serve. Gauge Page 149 of 231 your effectiveness through evaluation and analysis of your work product. Emphasize policy review aimed at substantive organizational reforms that advance law enforcement accountability and performance. H. Professional Excellence Seek professional development to ensure competence. Acquire the necessary knowledge and understanding of the policies, procedures, and practices of the law enforcement agency you oversee. Keep informed of current legal, professional and social issues that affect the community, the law enforcement agency, and your oversight agency. I. Primary Obligation to the Community At all times, place your obligation to the community, duty to uphold the law and to the goals and objectives of your agency above your personal self-interest. Page 150 of 231 CITY OF CHARLOTTESVILLE POLICE CIVILIAN OVERSIGHT BOARD OPERATING PROCEDURES DEFINITIONS Type of Policy: PCOB Operating Procedures Policy No. PCOB-18 Subject: DEFINTIONS Approval: City County Resolution, as required per Va. Code Approval Date: DRAFT § 9.1-601(D) Effective Date: Whenever used in these regulations, unless plainly evident from the context that a different meaning is intended, the following terms are defined as follows: • Allegation: An allegation is a claim or assertion that someone has done something illegal or wrong, or in violation of CPD General Orders and other guidance. Allegations against police officers or employees of the CPD may be made by persons filing a complaint or internally by the IAD. There may be multiple allegations made in a single complaint; the PCOB addresses each complaint individually. • Audit: A PCOB review of patterns in Internal Affairs investigations, arrest, detention, or other public-police interactions. Audits are executed by Executive Director at the direction of the PCOB. • Board: The Charlottesville Police Civilian Oversight Board (PCOB • Chief of Police: The Chief of the City of Charlottesville Police Department. • Compelled Statement: A statement made under compulsion, for example a statement required of a police officer after a “Garrity warning.” The Board may not compel a statement from any witness or party to a complaint except by applying for a subpoena. • Complainant: The person filing an investigation complaint or a review request with the PCOB who is alleging misconduct by sworn officers or civilian employees considered by the PCOB: Page 151 of 231 o Any individuals directly affected by incidents of police misconduct (who were physically present and in physical or verbal contact with police during the alleged misconduct) o Representatives, designated in writing, of individuals affected by police misconduct o Parent or guardian of minor alleging police misconduct or custodians of an individual with diminished mental capacity o Any witness to incidents of police misconduct who was present during the alleged misconduct o Any individual with material information related to police misconduct • Complaint: A report of misconduct made by a person against a sworn police officer or Charlottesville Police Department employee irrespective of duty status. • Confidential Information: Information which cannot be released under Virginia Law, the Charlottesville City Code, and the Standard Operating Procedures CPD/PCRB-01 defining protocols for information release to the PCOB. • Conflict of Interest: Conflicts of interest are defined in the Virginia State and Local Government Conflicts of Interest Act (Virginia Code § 2.2-3100 – 3131.) The Act prohibits PCOB members from taking actions on behalf of the Board or as part of their duties on the Board that further the own financial or personal interests. • Continuance: Postponement of a hearing or other proceeding. The Executive Director may Continue a hearing “due to the unanticipated unavailability of a witness or representative if good cause is shown, or due to the unavailability of an interpreter.” • Day: Calendar days, unless specified otherwise. • Disciplinary Matrix: A list of types of misconduct and recommended disciplinary options, contained in Charlottesville Police Department General Order 517.00, Parts 1 and 2, as amended. • Discriminatory Action: Conduct by a member of the CPD that results in the disparate treatment of persons because of their race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical handicap, matriculation, political affiliation, source of income, place of residence or business or any other ground of discrimination prohibited under the statutory and the common law of the Commonwealth of Virginia and the City of Charlottesville. • Ex parte communication: Communication that is made by a party outside the presence of the other party(ies) to a controversy. Board members may not engage in ex parte communications with individuals having matters before the Board. Page 152 of 231 • Exonerated: A subject officer will be exonerated when it is determined that the alleged conduct occurred but was within the law and did not violate CPD General Orders, policies, or procedures. • FOIA: The Virginia Freedom of Information Act (VA code § 2.2-3700 et seq.) • Hearing Examiner: A qualified person designated by the Executive Director to preside over a review hearing. • Incident: Refers to an event or occurrence of apparent police misconduct where a member or employee of the CPD is involved, regardless of whether a member of the public was present, and regardless of whether a citizen complaint is filed. • Independent Investigator: Qualified individuals engaged by the Executive Director to investigate a complaint or incident. • Investigative Report: A report summarizing the results of a PCOB investigation of a civilian complaint, an incident of alleged police misconduct, or the Board’s review of an Internal Affairs Investigation. The Investigative Report is used to support the Board’s decision making on the matter. • Malfeasance/Misfeasance: Malfeasance by a Board member is a wrongful or dishonest act that causes harm to one or more parties in a matter before the Board. Misfeasance is conduct that is lawful and consistent with the enabling ordinance but harms another person financially or physically due to carelessness or accident. • Mediation: An alternative dispute resolution process, facilitated by a neutral third party, whereby the complainant and the subject officer meet in good faith to discuss the alleged misconduct with the goal of addressing their differences. • Mediator: A suitably qualified neutral third party who has contracted with the Board to attempt to mediate disputes between complainants and subject officers. • Misconduct: Abuse or misuse of police power by a sworn officer directed toward any person who is not a sworn officer or employee of the Department, even if the person(s) are not present. • Pre-Hearing Conference: A proceeding overseen by a Hearing Examiner at which preliminary matters related to the Hearing are discussed and/or resolved. Preliminary matters may include (but are not limited to) procedural rules for, and order of, the hearing, and admission of testimony and other evidence into the record. Page 153 of 231 • Preponderance of Evidence: Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it. • Personal Information: Information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. • Recusal: The withdrawal of a Board member from deliberating and voting in a case on the grounds that they are unqualified to perform legal duties under the Ordinance because of a possible conflict of interest or lack of impartiality. It is the duty of the Board members (upon consultation with the Executive Director and/or Board’s independent counsel if necessary) to decide whether it is appropriate for them to recuse themselves in any particular case. • Relevant Evidence: Evidence is relevant to the Board if (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the Board’s decision • Removal: Board members may be removed by the City Council for violation of confidentiality obligations, engaging in ex parte communications with individuals having issues before the Board, neglect of duties, failure to adhere to the Code of Ethics, failure to comply with any applicable laws, misfeasance or malfeasance, or other good cause. • Review Hearing: A hearing convened by the Board to evaluate evidence and make findings related to a review request or the investigation of a civilian complaint or incident of alleged police misconduct • Review Request: A request by a complainant that the PCOB review the results of an Internal Affairs investigation. • Sua Sponte: Latin phrase for "of one's own accord; voluntarily." The Board may undertake an investigation of an incident of police misconduct sua sponte (that is, without a citizen complaint.) • Subject Officer: A sworn member of the CPD against whom an allegation of misconduct has been made in a complaint. • Subpoena: An order issued by a judge requiring a witness to attend a proceeding or to produce specific documents to support an investigation. Page 154 of 231 • Sustained: An allegation is sustained when it is determined that the alleged conduct occurred and that the conduct was illegal or violated the CPD General Orders, policies, or procedures. • Technical Rules of Evidence: Refers to such rules of evidence as those found in Virginia’s Rules of Evidence, contained in Part II of the Rules of the Supreme Court of Virginia and in the Code of Virginia or any other official codebook, manual, or protocol. Such rules are intended to guide the acceptance of evidence by the Board, but are not strictly binding. • Timely: Complaints are considered timely if filed within one year of the date upon which the alleged misconduct occurred. Review requests are timely if they are filed within 75 days of the issuance of a closure letter by the CPD. The PCOB may not investigate complaints or review requests that are not timely unless they determine that there is good reason to do so (for example, the receipt of new information.) • Unfounded: An allegation is unfounded when it is concluded that the alleged action did not take place. • Witness: a person who testifies with first-hand knowledge of a matter in question. Page 155 of 231 RESOLUTION To Approve Operating Procedures for the City’s Police Civilian Oversight Board BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, pursuant to Section 2-360 of the City Code, and as required by Section 9-601(D) of the Virginia Code, THAT that Operating Procedures are hereby approved for the Charlottesville Police Civilian Oversight Board. Page 156 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Ordinance Adoption Presenter: Carrie Rainey, Urban Designer/City Planner Staff Contacts: Carrie Rainey, Urban Designer/City Planner Brenda Kelley, Redevelopment Manager Alexander Ikefuna, Director of Community Solutions Title: Considering a Zoning Map Amendment for the Mount View PUD (Planned Unit Development) (1 of 2 readings) Background Kelsey Schlein of Shimp Engineering, PC, acting as agent for Mount View Baptist Church, Mount View Properties, LLC, and Route 250 Houses, LLC (collectively the “Owners”) has submitted an application pursuant to Section 34-490 seeking a zoning map amendment to change the zoning district classifications of 908 St. Clair Avenue, 1133 Otter Street, 1221 Landonia Circle, and 1201 Landonia Circle (Tax Map Parcels 490065000, 490072100, 490072000, and 490073000). The application proposes to change the zoning classification of the Subject Property from “R-2” (Two- Family Residential) to “PUD” (Planned Unit Development) subject to proffered development conditions. Discussion The Planning Commission considered this application at their meeting on September 13,2022. The discussion centered on the affordable housing proffer; particularly concerns with the proposed duration of affordable housing unit availability and specifications for qualifying residents; and general support of the proposed density and proposed building form. The staff report and supporting documentation presented to the Planning Commission can be found starting at page 18 of the Planning Commission September 13th packet. Subsequent to the September 13th Planning Commission meeting, the applicant provided a modified PUD Development Plan and updated proffer statement. Per City Code Section 34-65, when an applicant adds to, expands, clarifies, or otherwise modifies proffers acted upon by the planning commission, the applicant must prepare a cover sheet listing the modifications (attached) and City Council has three options: (1) decline to consider the modifications, and consider only the application that was before the planning commission; (2) continue its consideration to another regular Council meeting date, and itself conduct an additional public hearing, or (3) refer the modified application back to the planning commission for review and recommendation, upon an additional public hearing with Council. Page 157 of 231 The modified PUD Development Plan (attached) now references the existing allowance for family day homes (5-12 children) with a provisional use permit in the R-2 zone and proposes the use be allowed per provisional use permit in both blocks of the PUD development, and removes reference to specific improvements along Landonia Circle as those improvements will be determined in the site plan review process. Staff has no concerns with these modifications, which provide additional clarification to the development plan but do not substantially alter the proposal. The proffer revisions are described in the attached proffer modification cover letter. Analysis by the Office of Community Solutions is also attached. The Office of Community Solutions specifically noted:  Staff would like to see a longer Rental Affordability Period.  The applicant noted the right to make changes to the affordable units. The City would consider the changes if they are reasonable and would not result in the segregation of units or reduction in the size of the unit(s). Staff also supports the modification to Proffer 3 to ensure the preferences of the adjacent property owners and the addition of Proffer 4 to improve pedestrian connectivity to the development. Alignment with City Council's Vision and Strategic Plan The additional housing density provided via this zoning map amendment may align with City Council's Vision Statement, Quality Housing Opportunities for All, as well as Goal 1 of City Council's Strategic Plan, An Inclusive Community of Self-sufficient Residents, and Objective 1.3, Increase affordable housing options. Community Engagement Per Section 34-41(c)(2), the applicant held a community meeting on March 9, 2022. (A City Planner was able to attend as the NDS representative). Neighborhood comments gathered from the community meeting include the following. Many members of the public attended the meeting and voiced the following concerns:  Quantity of multifamily residential units proposed.  Increase in vehicular traffic and distribution of vehicular traffic.  Availability of parking within the development and potential parking spill-over onto neighborhood streets.  Lack of connection through Block 1 to Block 2.  Architectural quality of the built development.  Location of proposed balconies in relation to existing homes in the neighborhood.  Stormwater management facilities and potential impacts to the Rivanna River. The following items were supported by some speakers at the meeting:  Central greenspace. Page 158 of 231  Multifamily residential units are proposed in a series of smaller buildings. The Planning Commission held a joint public hearing with City Council on this matter on September 13, 2022. Several members of the public spoke on the application. The members of the public raised concerns regarding:  The proposal does not meet the Future Land Use Map of the 2021 Comprehensive Plan.  Increase in vehicular traffic and distribution of vehicular traffic.  Architectural quality of the built development.  Proposed duration of the affordable housing proffer.  Inefficient use of existing church parking lot.  Stormwater management facility requirements. Budgetary Impact No direct budgetary impact is anticipated as a direct result of this zoning map amendment. Recommendation Staff recommended to Planning Commission the application be recommended for denial. The Planning Commission voted to recommend the application be denied. If Council should decide to approve the application with the proffer modifications presented by the applicant after the Planning Commission meeting, Council should utilize the attached proposed Ordinance. Suggested motion: "I move the ORDINANCE approving a rezoning to authorize establishment of the Park Street PUD, subject to proffered development conditions, within the area of the parcels of land located at 908 St. Clair Avenue, 113 Otter Street, 1221 Landonia Circle, and 1201 Landonia Circle." Alternatives City Council may : (1) by motion, take action to deny the zoning map amendment; (2) by defer action on the zoning map amendment; or (3) by motion, refer the zoning map amendment back to Planning Commission for review of the revised proffer statement. Attachments 1. RZO PUD Mt View 2. Mount View PUD Proffer Cover Letter 3. Mount View PUD Final Proffer Statement 4. Office of Community Solutions Analysis of Mount View PUD Final Proffer Statement 5. Mount View PUD Revised PUD Development Plan Page 159 of 231 ZM22-00002 ORDINANCE APPROVING A REZONING, SUBJECT TO PROFFERED DEVELOPMENT CONDITIONS, OF PROPERTY LOCATED AT 908 ST. CLAIR AVE, 113 OTTER ST, 1221 LANDONIA CIRCLE, AND 1201 LANDONIA CIRCLE TO ESTABLISH A PLANNED UNIT DEVELOPMENT (“PARK STREET PUD”) WHEREAS in order to facilitate a specific development referred to as the Park Street Planned Unit Development (the “Project”), Shimp Engineering, as the agent of Mount View Baptist Church, Mount View Properties, LLC, and Route 250 Houses, LLC (collectively “Landowner”), has submitted rezoning application ZM22-00002, proposing a change in the zoning classification of certain land fronting on St. Claire Avenue, Otter Street, Landonia Circle, and River Vista Avenue, identified within the City’s real estate assessment records by Real Estate Parcel Identification Nos. 490065000, 490072100, 490072000, and 490073000 (collectively, the “Subject Property”); and WHEREAS the Subject Property is currently zoned “R-2” and the Landowners are requesting City Council to rezone and designate the Subject Property as a Planned Unit Development (“PUD”), subject to the provisions of the PUD Development Plan and further subject to development conditions proffered by the Landowners, all as set forth within the application materials for ZM22-00002, submitted by the Landowners through their agent (the “Proposed Rezoning”); and WHEREAS a joint public hearing on the Proposed Rezoning was conducted by City Council and the Planning Commission on September 13, 2022, following notice to the public and to adjacent property owners as required by law; and WHEREAS City Council has considered the proposal for the Project set forth within the application materials for ZM22-00002, the Staff Report, comments received from the public, the Planning Commission’s recommendation, and the Comprehensive Plan; and WHEREAS this Council finds and determines that the public necessity, convenience, general welfare and good zoning practice require the Proposed Rezoning; that both the existing zoning classification (R-2) and the proposed PUD zoning district classification, inclusive of the PUD Development Plan and the proffered development conditions, are reasonable; and that the Proposed Rezoning is consistent with the Comprehensive Plan; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Zoning District Map incorporated in Section 34-1 of the Zoning Ordinance of the Code of the City of Charlottesville, 1990, as amended, shall be and is hereby amended and reenacted as follows: Section 34-1.Zoning District Map. Rezoning from R-2 to PUD the parcels of land identified within the City’s tax assessment records by Real Estate Parcel Identification No. 490065000, 490072100, 490072000, and 490073000 (the land currently having the addresses of 908 St. Clair Avenue, 113 Otter Street, 1221 Landonia Circle, and 1201 Landonia Circle), subject to the PUD Development Plan for the Park Street PUD, and subject further to development conditions Page 1 of 4 Page 160 of 231 ZM22-00002 proffered by the Landowners, which are hereby accepted by this City Council and set forth following below: Approved Proffers In furtherance of the Project, and if the Subject Property is rezoned as requested, the use and development of the Property will be subject to and in accordance with the following conditions: 1. AFFORDABLE HOUSING: The Landowner shall provide affordable housing within the Property, as follows: a. For the purposes of this Proffer, the term “For-Rent Affordable Dwelling Unit” means a dwelling unit where the monthly cost of rent, including any tenant paid utilities, does not exceed the Maximum Affordable Rent for unit size for 60 percent of the Area Median Income (AMI) as published annually by the City of Charlottesville’s Inclusionary Zoning Policy. In the event the Inclusionary Zoning Policy is not established and the Maximum Affordable Rent is not published annually, the monthly cost of rent will be calculated by adjusting for unit size the then current Federal Department of Housing and Urban Development’s (HUD) Income Limit for the Charlottesville VA HUD Metro FMR Area for 60 percent AMI households. The monthly cost of rent will be adjusted per unit size where the rent, inclusive of tenant paid utilities, does not exceed 30% of the household income where the persons in family is one more than the number of unit bedrooms. i. For-Rent Affordable Dwelling Units shall be reserved for rental to low- and moderate-income households having income less than 60 percent of the Area Median Income. Area Median income means the median income for Households within the Charlottesville, Virginia HUD Metropolitan FMR Area, as published annually by the U.S. Department of Housing and Urban Development. b. The Landowner shall cause seven (7) dwelling units constructed within the area of the Property to be For-Rent Affordable Dwelling Units (the “Required Affordable Dwelling Units”). The Required Affordable Dwelling Units shall be identified on a layout plan, by unit, prior to the issuance of any certificate of occupancy for a residential unit within the Property (“Initial Designation”). The Landowner reserves the right, from time to time after the Initial Designation, and subject to approval by the City, to change the unit(s) reserved as For-Rent Affordable Dwelling Units, and the City’s approval shall not unreasonably be withheld so long as a proposed change does not reduce the number or make-up of Required Affordable Dwelling Units and does not result in an Affordability Period shorter than required by these proffers with respect to any of the Required Affordable Dwelling Units. i. The Required Affordable Dwelling Units shall be reserved as such throughout a period of at least twenty (20) years from the date on which the unit receives a certificate of occupancy from the City’s building official (“Rental Affordability Period”). All Required Affordable Dwelling Units shall be administered in accordance with one or more written declarations of covenants within the land records of the Charlottesville Circuit Court, in a form approved by the Office of the City Attorney. Page 2 of 4 Page 161 of 231 ZM22-00002 ii. The Required Affordable Dwelling Units shall be comprised of four efficiency units, one one-bedroom unit, one two-bedroom unit, and one three-bedroom unit. iii. On or before January 10 of each calendar year, or an alternate date mutually agreed upon by the Landowner and the City, the then current owner of each Required Affordable Dwelling Unit shall submit an Annual Report to the City, identifying each Required Affordable Dwelling Unit by address and location, and verifying the Household Income of the occupant(s) of each Required Affordable Dwelling Unit. iv. The Required Affordable Dwelling Units shall be constructed proportionally to the number of market rate units at a rate of 10 percent, so that for every ten (10) units constructed a minimum of one (1) is designated as a Required Affordable Dwelling Unit. Notwithstanding the foregoing, the Required Affordable Dwelling Units may be constructed at a rate that exceeds 10 percent of the total number of dwelling units. All Required Affordable Dwelling Units shall be constructed prior to the issuance of certificate of occupancy of the 59th dwelling unit. v. Section 8 Housing Choice Vouchers will be accepted as a form of payment for the Required Affordable Dwelling Units. vi. The Landowner shall provide a marketing plan to the Office of Community Solutions or comparable City Department prior to issuance of the first certificate of occupancy for a residential unit within Block 2. The marketing plan shall demonstrate how the affordable units will be advertised and will be prepared in a form acceptable to the Office of Community Solutions or comparable City Department. c. The land use obligations referenced in 1.c.i and 1.c.ii shall be set forth within one or more written declarations of covenants recorded within the land records of the Charlottesville Circuit Court, in a form approved by the Office of the City Attorney, so that the Owner’s successors in right, title and interest to the Property shall have notice of and be bound by the obligations. The Required Affordable Dwelling Units shall be provided as for-rent units throughout the Rental Affordability Period. 2. CONSTRUCTION ENTRANCE: Construction entrances for site development and construction on the Property shall not connect to River Vista Avenue. 3. SCREENING FENCE: A screening fence shall be installed by the Landowners in the locations shown on Sheet 7 of the PUD Development Plan submitted by Shimp Engineering dated February 8, 2022 last revised May 2022 (the “Park Street PUD Development Plan”). a. The screening fence may be comprised of masonry, composite, painted or stained lumber, or an alternate material approved by the City’s site plan agent (Director of Neighborhood Development Services (“NDS”) or designee). Chain link and screening mesh are expressly prohibited as screening fence materials. b. The screening fence shall be a minimum of six (6) feet in height, unless a lesser height is agreed upon by the Landowner and the owners of adjacent property where the screening fence is installed along the common boundary line. If a lesser height is agreed upon, record of this agreement must be presented in writing to the City’s site plan agent. Page 3 of 4 Page 162 of 231 ZM22-00002 c. If, at the time of construction of the screening fence, an adjacent landowner has already erected a fence along the common boundary line, the screening fence shall not be required in the location where the adjacent owner’s existing fence is constructed. d. The screening fence must be constructed prior to the issuance of the first certificate of occupancy for a residential unit within Block 2; the limits of Block 2 are shown on Sheet 4 of the Park Street PUD Development Plan. 4. RIVER VISTA SIDEWALK IMPROVEMENTS: The Landowner shall construct a sidewalk to City standards within the River Vista public right-of-way, adjacent to parcels 4900638000 and 490064000, in order to establish a continuous pedestrian connection between the Subject Property’s entrance from River Vista Ave continuing northwest to the intersection of River Vista Ave and St. Clair Avenue. The sidewalk shall be constructed prior to the issuance of certificate of occupancy of the tenth (10th) dwelling unit within the Project and shall be dedicated to the City for acceptance into the City’s public street system for maintenance. If, at the time of construction, sufficient right-of-way does not exist to accommodate the construction of the sidewalk in the required location, and if the Landowner cannot reasonably obtain an easement from the respective owners of tax parcels 49000638000 and 490064000 to permit the construction of the sidewalk, then the Landowner shall make a cash contribution to the City’s Sidewalk Fund in an amount equal to the construction of 270 linear feet of sidewalk, which contribution shall be calculated by using the then current Sidewalk Fund Calculator. The cash contribution shall be made prior to the issuance of certificate of occupancy of the tenth (10th) dwelling unit within the Project. Page 4 of 4 Page 163 of 231 Carrie Rainey City of Charlottesville 610 East Market Street Charlottesville, Virginia 22902 RE: ZM22-00002 MOUNT VIEW PUD PROFFER MODIFICATIONS | COVER LETTER Dear Carrie, Attached with this cover letter is the revised proffer statement for ZM22-00002 “Mount View PUD”. Please note the following proffer revisions since the Planning Commission public hearing on September 13, 2022: • Proffer 1 Affordable Housing: o Revised rent limit from HUD FMR and 125% HUD FMR to 60% AMI o Revised income limit from 80% AMI to 60% AMI o Revised affordability term from 10 to 20 years o Incorporated marketing plan provision (1.b.vi) o Incorporated unit break-down of affordable units (1.b.ii) o Removed 90-day limit on income restriction o Revised due date of annual report from January 1 to January 10 o Revised trigger for completion of affordable units from the 55th dwelling unit to proportionally be constructed at a rate of 10% provided that all units are constructed by the issuance of certificate of occupancy of the 59th dwelling unit (1.b.iv) • Proffer 3 Screening Fence: o Included additional language that if an adjacent owner prefers their existing fence over a new fence to be constructed by the Owner, that preference must be expressed in writing (3.c.) • Proffer 4 Sidewalk Improvements: o Included additional proffer to complete sidewalk network along southern portion of River Vista between the project’s entrance to River Vista and the intersection of River Vista and St. Clair If you have any questions, please do not hesitate to contact me at kelsey@shimp-engineering.com. Best regards, Kelsey Schlein Shimp Engineering, P.C. Page 164 of 231 Page 165 of 231 Page 166 of 231 Page 167 of 231 Page 168 of 231 Mount View PUD Rev 10/26/22 This application includes the Affordable Dwelling Unit (ADU) Ordinance Worksheet, which currently identifies that zero (0) ADUs are required pursuant to the gross floor area proposed in excess of 1.0 FAR (per Sec. 34-12. - Affordable dwelling units.). We have received the applicant’s revised STATEMENT OF FINAL PROFFER CONDITIONS For MOUNT VIEW PUD as of 10/24/22, which now offer the following regarding affordable housing: … 1. Affordable Housing: The Owners shall provide affordable housing within the Project, as follows: a. For the purposes of this Proffer, the term “For-Rent Affordable Dwelling Unit” means a dwelling unit where the monthly cost of rent is affordable to households at 60 percent of the Area Median Income (AMI) for the Charlottesville, Virginia Metro Area as published annually by the Federal Department of Housing and Urban Development (HUD). For the purposes of this Proffer, the term “affordable” means that the cost of rent, including tenant paid utilities, does not exceed 30% of the monthly income of a 60 percent AMI household. i. For-Rent Affordable Dwelling Units shall be reserved for rental to low and moderate-income households having income less than or equal to 60 percent of the AMI. b. The Owners shall cause seven (7) dwelling units constructed within the Project to be For-Rent Affordable Dwelling Units (the “Required Affordable Dwelling Units”).The Required Affordable Dwelling Units shall be identified on a layout plan, by unit, prior to the issuance of any certificate of occupancy for a residential unit within the Property (“Initial Designation”). The Owner reserves the right, from time to time after the Initial Designation, and subject to approval by the City, to change the unit(s) reserved as For- Rent Affordable Dwelling Units, and the City’s approval shall not unreasonably be withheld so long as a proposed change does not reduce the number or make-up of Required Affordable Dwelling Units and does not result in an Affordability Period shorter than required by these proffers with respect to any of the Required Affordable Dwelling Units. i. The Required Affordable Dwelling Units shall be reserved as such throughout a period of at least twenty (20) years from the date on which the unit receives a certificate of occupancy from the City’s building official (“Rental Affordability Period”). All Required Affordable Dwelling Units shall be administered in accordance with one or more written declarations of covenants within the land Page 169 of 231 records of the Charlottesville Circuit Court, in a form approved by the Office of the City Attorney. ii. The Required Affordable Dwelling Units shall be comprised of four efficiency units, one one-bedroom unit, one two-bedroom unit, and one three-bedroom unit. iii. On or before January 10 of each calendar year, or an alternate date mutually agreed upon by the Owners and the City, the then current owner of each Required Affordable Dwelling Unit shall submit an Annual Report to the City on a template provided by the City’s Office of Community Solutions, identifying each Required Affordable Dwelling Unit by address and location, and verifying the household income of the occupant(s) of each Required Affordable Dwelling Unit. iv. The Required Affordable Dwelling Units shall be constructed proportionally to the number of market rate units at a rate of 10 percent, so that for every ten (10) units constructed a minimum of one (1) is designated as a Required Affordable Dwelling Unit. Notwithstanding the foregoing, the Required Affordable Dwelling Units may be constructed at a rate that exceeds 10 percent of the total number of dwelling units. All Required Affordable Dwelling Units shall be constructed prior to the issuance of certificate of occupancy of the 59th dwelling unit. v. Section 8 Housing Choice Vouchers or similar housing vouchers will be accepted as a form of payment for the Required Affordable Dwelling Units. vi. The Owners shall provide a marketing plan to the Office of Community Solutions prior to issuance of the first certificate of occupancy for a residential unit within the Project. The marketing plan shall demonstrate how the affordable units will be advertised and will be prepared in a form acceptable to the Office of Community Solutions. c. The land use obligations referenced in 1.a.i and 1.b.i through 1.b.vi shall be set forth within one or more written declarations of covenants recorded within the land records of the Charlottesville Circuit Court, in a form approved by the Office of the City Attorney, so that the Owner’s successors in right, title and interest to the Property shall have notice of and be bound by the obligations. The Required Affordable Dwelling Units shall be provided as for-rent units throughout the Rental Affordability Period. Current Site Conditions: Block 1: Mount View Baptist Church Block 2: two single family dwellings (1221 Landonia Circle @ 717 SF & 1133 Otter St. @ 887 SF) Page 170 of 231 Will any existing affordable housing units be removed? unknown, assuming YES If yes, how many? Maximum 2 Office of Community Solutions Staff Analysis: The table below provides information relative to the 2022 HUD guidelines for Income Limits, as well as additional information regarding realistic housing/income data. The HUD Income Limits will be based on the HUD guidelines for that year that the Certificate of Occupancy for the affordable unit(s) is issued. Income Limits / AMI Household Size 1 2 3 4 5 6 7 8 2022 Median Family 111,200 Income Extremely Low Income 22,020 25,170 28,320 31,440 33,960 36,480 39,000 41,520 (30%) Very Low Income (50%) 36,700 41,950 47,200 52,400 56,600 60,800 65,000 69,200 Low Income (80%) 58,720 67,120 75,520 83,840 90,560 97,280 104,000 110,720 60% 46,704 53,376 60,048 66,720 72,058 77,395 82,733 88,070 @ 60% AMI: Approx. 1,168 1,334 1,501 1,668 1,801 1,935 2,068 2,202 monthly income available for housing @30% (no Utility Allowance) @ 60% AMI: Approx. 973 1,112 1,251 1,390 1,501 1,612 1,724 1,835 monthly income available for housing @25% (with 5% Utility Allowance) In this particular application, the proposed development does not exceed 1.0 floor-area ratio (FAR), therefore the applicant is not required to provide on-site affordable dwelling units as part of the project (pursuant to City code Section 34-12). The applicant is proposing that seven (7) dwelling units shall be For-Rent Affordable Dwelling Units reserved for rental to low and moderate-income households having income less than 60% of the Area Median Income (AMI), where the monthly cost of rent, inclusive of any tenant paid utilities, does not exceed 30% of the household income where the persons in family is one more than the number of unit bedrooms, for a period of 20 years. The Office of Community Solutions offers the following comments as to this application:  Staff would like to see a longer Rental Affordability Period.  The applicant noted the right to make changes to the affordable units. The City would consider the changes if they are reasonable and would not result in the segregation of units or reduction in the size of the unit(s). Page 171 of 231 PROJECT PROPOSAL from River Vista. Having multiple points of access will contribute to distributing trips from PROJECT NARRATIVE Mount View Properties LLC, Route 250 Houses LLC, and Mount View Baptist Church the site to various streets that are largely integrated into an existing grid network rather than (collectively, the “owners”) own 3.4 acres of land in Charlottesville’s Locust Grove Neighborhood. having all traffic from the site concentrated through one point of access. The Landonia Circle entrance will provide convenient access to Route 250 West and easy access downtown as well MOUNT VIEW The land is comprised of tax parcels 49-65, 49-721, 49-72, and 49-73 (collectively, the “property”). PLANNED UNIT DEVELOPMENT On behalf of the owners, we request to rezone the property from R-2 Residential to Planned as access to 250 East from the Locust Avenue ramp, without having to cross over the Route Sheet 1 of 4 Unit Development (PUD) to realize a residential development and to allow for complementary 250 median; the River Vista entrance will provide a another route to Downtown. This project non-residential uses to take shape on the property at some point in the future. The PUD intends to improve the inadequate portion of Landonia Circle serving this development which development plan proposes two blocks; Block 1 is approximately 1.4 acres and is the site of would open access to Route 250 from Landonia for nearby residents, offering another way Mount View Baptist Church and Block 2 is approximately 2.0 acres and is currently comprised to Route 250 for residents along Coleman or Landonia and other residential streets, rather of an open field at the rear of Mount View Baptist Church, two single family dwellings, and a than driving River Vista to access Route 250. The exact scope of proposed improvements to vacant parcel. Mount View Baptist Church plans to remain in operation if this PUD is approved Landonia Circle will be determined at site plan. This project also proposes to construct a multi- however, approval of this PUD will give the church the opportunity to diversify the use of their use path within the portion of the Otter Street right-of-way that is adjacent to this site creating property. The PUD development plan permits certain non-residential uses in Block 1 such as an additional point of access for pedestrians and cyclists. a preschool and an artist’s studio, with the preschool being the most desirable potential use for the church that they would like to establish in the future. If the church were to pursue these Within Block 1, up to 6,000 sf of daycare facility use may take shape with the church. While uses in Block 1, they would most likely utilize a portion of their basement level to serve such daycare facilities are typically associated with increased trip generation occurring the morning uses however, Block 1 has sufficient area to accommodate an additional structure in front of the and evening peak hour, the daycare facility within Mount View presents a unique opportunity existing parking lot and adjacent to the existing church building. in providing child care services within an established neighborhood that is walkable for many residents. While Mount View proposes to develop up to 72 units, the surrounding neighborhood The development plan also permits residential density in Block 1, the church has expressed a is comprised primarily of single-family detached housing, a housing type that typically has desire to be able to build a few units at some point in the future that could serve parishioners higher averages of children affiliated with it. A daycare facility would be a great service for the in need of housing, provide potential church employee housing, or provide the church with an community that should be located in and accessible to residential neighborhoods. opportunity to have an additional revenue stream by operating a rental property. Although the church has no immediate plans to construct housing in Block 1, approval of this PUD would JUSTIFICATION OF PUD (SEC. 34-43(a)(3) CITY CODE) maintain the opportunity to realize housing in Block 1 at some point. One of the three major initiatives adopted in Charlottesville’s Affordable Housing Plan is to Block 2 envisions a unique residential development that is anchored by a central greenspace. A “adopt progressive and inclusionary zoning reforms” (Charlottesville Affordable Housing maximum of 60 units are proposed within five structures that are integrated into the landscape. Plan adopted March 2021, 9). Charlottesville’s comprehensive zoning rewrite is currently in The buildings utilize the slope of the site to minimize the scale and form of the structures; the works however that comprehensive rewrite will take time and in the interim before that many of the structures, which are proposed to have three floors, will be comprised of two rewrite is adopted, the strong demand for housing in Charlottesville remains. Changing the stories and a basement level. This building form is sensitive to the existing context, building zoning on this property from R-2 to PUD will contribute to growing and diversifying the City’s height is minimized in areas that are in closest proximity to one-story residential structures. housing stock; the R-2 district is one of the City’s lowest density and most restrictive zoning The buildings in the northern portion of the site will appear as two-story structures from districts. Developing this property, which has convenient access to major transportation the existing residences just north of the property that front on River Vista Avenue and will corridor Route 250, is well connected within an established gridded network of streets, is a appear as three story units from the central greenspace, interior to the site. The units that are large contiguous parcel, and is directly behind a commercial center, as an R-2 development is proposed to front along Landonia Circle are the only units currently proposed as slab on grade a missed opportunity for integrating alternative housing types into areas of the City where it construction on the site however, the structure will step down to two stories along its sides to historically hasn’t been realized. There is a strong need for housing in the Charlottesville that soften the scale of the structure in comparison to the existing residential units along Landonia is well-documented in various City documents such as the adopted 2021 Comprehensive Plan, Circle. The units along the southern portion of the property front along what is currently an 2021 Affordable Housing Plan, and the 2018 Housing Needs Assessment prepared by FBCI and unimproved portion of Otter Street; these units are directly behind Bank of America and are PES which states that “housing demand significantly exceeds the available supply.” There is a proposed to be two stories above grade facing the interior of the site and appear as three stories need for this zoning change and it is justified. from the Otter St. right-of-way. These structures are not adjacent to or directly across from any existing residential structures. SATISFACTION OF PUD OBJECTIVES (SEC. 34-490 CITY CODE) TMP(s) 49-65, 49-72.1, 49-72, & 49-73 The residential units will be a mixture of efficiency, one, two, and three bedroom units. From The following is an analysis of how this project will satisfy PUD objectives in Sec. 34-490 of the Revised 7 October 2022 the exterior, the units will appear as a series of linked townhomes with separate doors, porches, City of Charlottesville’s Zoning Ordinance: Revised 8 June 2022 and facade treatments. This variation in facade finishes and details will contribute to the Revised 20 May 2022 human-scale feel of this development. (1) To encourage developments of equal or higher quality than otherwise required by the strict Submitted 08 February 2022 application of zoning district regulations that would otherwise govern; The development will have two points of vehicular access, one from Landonia Circle and one project: 21.047 Page 172 of 231 the less intense residential areas just north of the property. As a property positioned between PROJECT NARRATIVE The Mount View PUD establishes an effective design program that takes advantage of the land commercial and residential development, a residential development of greater intensity than opportunities that are available on a relatively large contiguous tract; the shared green spaces, the proposed multi-use path, and this approach to residential density would not be realized in much of the surrounding residential context is appropriate for this site as the development proposed is in accordance with the existing transect of development where the most intense MOUNT VIEW PLANNED UNIT DEVELOPMENT the underlying R-2 zoning district. development is along Route 250 and less intense development takes shape just north of the Sheet 2 of 4 property. The development will be harmonious with the existing uses and character surrounding (2)To encourage innovative arrangements of buildings and open spaces to provide efficient, the property. attractive, flexible and environmentally sensitive design. (7)To ensure preservation of cultural features, scenic assets and natural features such as trees, The Mount View PUD proposes residential buildings flanked along the edges of the property, a streams and topography; central greenspace that ties together the development, and purposeful placement of screening There are no streams or critical slopes on the property and so there is no proposed disturbance buffers. The buildings internal to the site are largely connected with sidewalks and the PUD is to those environmentally sensitive features with this development plan. There are several mature connected to the greater neighborhood context by the two new proposed entrances to the site trees on the property, mostly concentrated along the eastern portion of what is proposed as and the proposed construction of the multi-use path within the Otter St. right-of-way. There Block 2, that are slated to be removed with this development however, the landscape plan are no identified environmentally sensitive features on the property. provided with this application proposes a robust landscape plan that will result in 10-year tree canopy in excess of half an acre. (3)To promote a variety of housing types, or, within a development containing only a single housing type, to promote the inclusion of houses of various sizes; Mount View Baptist Church is rightfully named, as there are Mountain Views of the Southwest Mountains from the site. The church is at a high point on the property and the site slopes The Mount View PUD will establish a range of unit sizes including efficiency; one, two, and downhill from St. Clair Avenue and the church building location. Since much of the site is at a three bedroom units. lower elevation than the adjacent properties to the north and west and the height limitation is set to be consistent with R-2 district, impacts to scenic resources are expected to be minimal. (4)To encourage the clustering of single-family dwellings for more efficient use of land and preservation of open space; (8)To provide for coordination of architectural styles internally within the development as well as in relation to adjacent properties along the perimeter of the development; and Although there are no single-family dwellings proposed within this PUD, this proposal does promote efficient use of land on a relatively large site in the City that is well connected to The massing diagrams presented with this PUD application demonstrate coordinated nearby transportation networks and destinations. The proposed open space within the PUD architectural styles internally as well as with adjacent properties along the perimeter of the will meet the 15% requirement. development. (5)To provide for developments designed to function as cohesive, unified projects; (9)To provide for coordinated linkages among internal buildings and uses, and external connections, at a scale appropriate to the development and adjacent neighborhoods; The Mount View PUD will function as a cohesive, unified project. Sidewalks connect residential units, parking areas, and green spaces in Block 2 to one another. A sidewalk proposed along Coordinated pedestrian linkages are provided throughout the development to connect internal the shared boundary between Blocks 1 and 2 will connect the blocks with another. The central buildings. A sidewalk is provided adjacent to the new entrance proposed off of River Vista green space is not only accessible to future residents of Block 2 but it is sited in a location where and a new multi-use path is proposed within the Otter St. ROW to connect the development it is also accessible from Block 1, and is fairly centrally located within the PUD as a whole. to areas further west. The proposed sidewalk improvements along River Vista Avenue will Block 2 is slated to continue operating as a church for the foreseeable future however, this PUD establish a complete pedestrian connection between the project and the existing CAT bus stop allows for the opportunity for complementary limited commercial uses to take shape within at the intersection of Calhoun St. and St. Clair Ave. that block as well. The limited allowable commercial uses, such as a preschool or an artist’s studio are complementary to the residential development proposed within Block 2 and the (10)To facilitate access to the development by public transit services or other single-vehicle- surrounding residential context, as the uses allowable would directly serve many residents in alternative services, including, without limitation, public pedestrian systems. the area. The sidewalk proposed adjacent to the new entrance that will connect to River Vista will connect TMP(s) 49-65, 49-72.1, 49-72, & 49-73 (6)To ensure that a development will be harmonious with the existing uses and character of to the south side of River Vista Ave. The sidewalk network on the south side of River Vista Ave adjacent property, and/or consistent with patterns of development noted with respect to such between its intersection with St. Clair Ave. and the property is proposed to be completed with Revised 7 October 2022 adjacent property; this project; there is a CAT bus stop at the intersection of Calhoun St. and St. Clair Ave that is Revised 8 June 2022 approximately 850’ walking distance from the property. Revised 20 May 2022 Submitted 08 February 2022 The property is uniquely sited to function as a transitional site between Route 250 and the commercial uses that front along that heavily-traveled corridor just south of the property and project: 21.047 Page 173 of 231 CONSISTENCY WITH THE COMPREHENSIVE PLAN housing and for consideration of townhomes on a site-specific basis. Most of the buildings on PROJECT NARRATIVE the site utilize the grade to provide for two above grade stories over a basement, minimizing It is noted in the recently adopted 2021 Charlottesville Comprehensive Plan that “one of the the scale of the proposed buildings in relation to the surrounding context. The structures will appear as a series of townhomes, although the interior of the buildings will be divided into MOUNT VIEW PLANNED UNIT DEVELOPMENT primary goals of [the] Comprehensive Plan update is to support the opportunity to provide various unit types. Sheet 3 of 4 more housing in all neighborhoods in the city [...].” The Locust Grove Neighborhood is primarily developed with single family detached and some duplex/attached residences. Several main thoroughfares, such as River Road, Route 250, and Park Street define boundaries of this ANALYSIS OF IMPACTS ON PUBLIC FACILITIES AND neighborhood and in recent years, housing types other than single family detached have begun INFRASTRUCTURE to take shape along these corridors. New apartments along River Road are nearing completion American Community Survey (ACS) 5 year estimates indicate the average household size and the recently approved MACAA and Park St. Christian Church rezonings will see the in Charlottesville is 2.38 people. Using the ACS average, a multi-family development with a construction of multi-family and single family attached dwellings at deeply affordable rates. The maximum of 72 proposed units could potentially yield 171 new residents within Police District Comprehensive Plan supports the opportunity to provide more housing in all neighborhoods 3 and the Bypass Fire. It should be noted this household size is for all unit sizes and is not limited in the city and this project will help to realize that goal. to multi-family households. The number of people per dwelling unit in this development especially in efficiency, one, and two bedrooms units may be less than the overall household This project is consistent with various goals and objectives put forth in the Comprehensive average. Plan: The traffic study included with this PUD submission provides an analysis of projected impacts Goal 3. Balance Conservation and Preservation with Change to roadways. Protect and enhance the existing distinct identities of the city’s neighborhoods and places while promoting and prioritizing infill development, housing options, a mix of uses, and sustainable Impacts on Schools: reuse in our community. This property lies within the Burnley-Moran Elementary School district. After attending neighborhood elementary schools, all Charlottesville students attend Walker Upper Elementary This project plans for effective density in building forms that are context aware of the historic School, Buford Middle School, and Charlottesville High School. building patterns surrounding the property. This PUD will establish infill development on relatively large contiguous parcel in the City. The regulations of the PUD allow for a mix of ACS 2018 5 year estimates show that there are an estimated 4,800 residents between the ages of uses and allows for the existing church building to be adapted in a way to serve multiple users. 5-17 within City limits. By dividing this estimate by the number of occupied housing units in the city, 18,613, it can be approximated that there are approximately .26 children per housing Goal 6. Design Excellence unit in Charlottesville. Since a maximum of 72 units are proposed on the site, it is estimated Continue Charlottesville’s history of architectural and design excellence by maintaining traditional there may be an additional 19 school-aged children within the development. urban design features and valuing historic resources while encouraging creative, context-sensitive, contemporary planning and design that supports the goals of the Comprehensive Plan. Impacts on Environmental Features: All design and engineering for improving the property will comply with applicable City and The massing renderings presented with this PUD application demonstrate a creative, context- State regulations for erosion and sediment control and stormwater management. sensitive design in a location that is well-connected, transit accessible, and in close proximity to jobs, schools, and neighborhood amenities. ANALYSIS OF FURTHERANCE OF THE ZONING ORDINANCE & Objectives for Residential Areas Foster walkable, bikeable, and transit accessible neighborhoods. GENERAL WELFARE (SEC. 34-43(a)(2) CITY CODE) The property is within a 15-20 minute walk to downtown and within a 5 minute walk of River Road. There’s a CAT bus stop several hundred feet away from the property. Sec. 34-3 lists the purposes of the Zoning Ordinance below are descriptions of how this development proposal will further the purposes of Chapter 34 and the general welfare of the Increase opportunities to develop diverse housing options near schools, parks, shopping districts, entire community: and employment centers. (1)To provide for adequate light, air, and convenience of access, and to protect against obstruction TMP(s) 49-65, 49-72.1, 49-72, & 49-73 This project would increase diverse housing options in this portion of the Locust Grove of light and air; Revised 7 October 2022 neighborhood. The property is directly behind a commercial strip and is within a 10 minute This development proposal is well integrated into a City block network and will have convenience Revised 8 June 2022 walk of Burnley-Moran elementary school. of access without having significant transportation impacts on the nearby corridors. Adequate Revised 20 May 2022 Submitted 08 February 2022 The property is designated as General Residential on the land use map. This category sets forth light and air will not be compromised with this development proposal. form guidelines that buildings should be up to 2.5 stories and recommendations for new infill project: 21.047 Page 174 of 231 (2)To regulate and restrict the location of trades, industries and residences; (9)To encourage economic development activities that provide desirable employment and enlarge PROJECT NARRATIVE the tax base; This PUD proposal is predominantly residential however, some limited commercial uses are proposed; the commercial uses, such as a daycare facility or a small retail space are proposed at The Mount View PUD proposes neighborhood-scale commercial activity that could provide MOUNT VIEW PLANNED UNIT DEVELOPMENT neighborhood-scale and will provide services to directly serve the surrounding neighborhood. desirable employment. This new housing opportunity in the City will allow for new residents Sheet 4 of 4 to live in the City closer to existing employment centers. (3)To reduce or prevent congestion in the public streets, to facilitate transportation and to provide for safe and convenient vehicular and pedestrian travel; (10)To provide a balance of housing opportunities suitable for meeting the current and future needs of residents of the city; This development proposal is not expected to have a significant impact on public streets. The Mount View PUD proposes several roadway improvements to increase connectivity in the The Mount View PUD proposes a housing opportunity that will contribute to meeting residents’ neighborhood; the travelway through the development will connect River Vista to Landonia housing needs. Circle and if the PUD is approved, the developer and City Staff would work together to realize the full Circle connection. Additionally, the multi-use path proposed within Otter Street will (11)To protect and maintain the environmental quality in the city. create a new connection for pedestrians and cyclists. All development affiliated with the Mount View PUD will comply with applicable local and (4)To facilitate the creation of a convenient, attractive and harmonious community, to protect state environmental protections related to erosion and sediment control and stormwater against overcrowding of land and undue density of population in relation to the community management. facilities existing or available, and to protect the natural beauty and special features of the city; The Mount View PUD proposes a creative housing development that will contribute to varying PROFFERS the housing stock in the Locust Grove neighborhood. The owners have proffered seven affordable units, committed to restricting construction traffic from River Vista, committed to providing a screening fence, and to install sidewalk (5)To provide for safety from fire, flood, crime and other dangers, and to facilitate the provision of improvements on River Vista Avenue. adequate public safety services, disaster evacuation, civil defense, and flood protection; This property does not lie within a floodplain. All building construction will comply with the then-current building code. (6)To facilitate the provision of water, sewerage, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; The Mount View PUD is anchored by a central greenspace and will meet PUD requirements for open space. The City currently has adequate water and sewer capacity to serve this project. (7)To protect and enhance the character and stability of neighborhoods; The Mount View PUD will contribute to the character of the Locust Grove neighborhood by diversifying the housing stock, which is primarily two-family and single family detached; the neighborhood character will be enhanced by welcoming neighbors into the area who may desire an alternate unit type or who may not be able to afford to live in the larger units that currently surround the property. The Mount View PUD will also contribute to the stability of this neighborhood by offering smaller units than what is currently available that may be desirable to those individuals looking to age in place in their neighborhood while reducing TMP(s) 49-65, 49-72.1, 49-72, & 49-73 their maintenance responsibilities. Revised 7 October 2022 (8)To protect against destruction of or encroachment upon historic areas; Revised 8 June 2022 Revised 20 May 2022 Submitted 08 February 2022 The Mount View PUD will not contribute to the destruction of historic areas. project: 21.047 Page 175 of 231 Parcel Owner Address Zone Parcel Owner Address Zone CITY OF CHARLOTTESVILLE REZONING 48-95.1 ALISON, JANE, TRUSTEE JANE 964 LOCUST AVE R-1S 49-53 BROWN, EDWIN H, JR & TAVIA K F 1205 RIVER VISTA AVE R-2 DEVELOPMENT PLAN ALISON REVOCABLE LIVING TR 48-104 WINNER, ANTHONY, TRUSTEE 950 LOCUST AVE R-1S 48-111 49-39 MARTIN, LAWRENCE J, ETAL 911 MARTIN ST FRASER, DYLAN R BOSLEY, JAYME 1225 BELLEVIEW AVE R-1S R-1S MOUNT VIEW 48-98 NAGRAJ, VIJAY PETER 1100 CALHOUN ST R-1S C PLANNED UNIT DEVELOPMENT 48-103 SHEPPE, SUZANNE S, TRUSTEE 929 ST CLAIR AVE R-1S 49-53.1 DOUGLAS, GREGORY & VIRGINIA 1207 RIVER VISTA AVE R-2 500’ RADIUS 48-98.1 WHITED, SHANN 1102 CALHOUN ST B R-1S MARIE C 49-40 DOWDY, CARRIE C 1227 BELLEVIEW AVE R-1S ADJ. PARCEL INVENTORY 48-99 RAMAZANI, DAVID K 1104 CALHOUN ST R-1S 48-108.1 KANE, CATHERINE F 913 ST CLAIR AVE R-1S Sheet 1 of 13 48-102.1 WHITED, SHANN 0 CALHOUN ST R-1S 48-107 FARIELLO, JENNIFER L CONKLIN, 940 LOCUST AVE R-1S 49-53.2 JOLLY, W F & BARBARA N 1209 RIVER VISTA AVE R-2 CHRISTIAN J 48-112 ROBERTS, GREGORY W & MARY E 907 MARTIN ST R-1S 48-100 GIBBS, JENNIFER LOUISE 1106 CALHOUN ST R-1S 49-64 RONAYNE, THOMAS J, III & 922 ST CLAIR AVE R-2 48-102 FOSTER, ROBERT D, JR 931 ST CLAIR AVE R-1S ELIZABETH HAMPTON 49-28 DFWM, LLC 1004 ST CLAIR AVE R-1S 49-53.3 TENNYSON, LINDSEY M 1211 RIVER VISTA AVE R-2 48-108 ALLER, JAMES DAVID & SUZANNE 932 LOCUST AVE R-1S 49-53.4 MYERS, THOMAS R & DIANE E 1213 RIVER VISTA AVE R-2 R 48-119 RUSSO, EDWARD A 909 ST CLAIR AVE R-1S 48-101 PITRE, DWAYNE 933 ST CLAIR AVE R-1S 48-117.1 EICHER, CORY L & SHERRY P 908 MARTIN ST R-1S 49-30 BURBAGE, AMANDA CURRERI, 1203 BELLEVIEW AVE R-1S 48-115 ROBERTS, GREGORY W & MARY E 0 MARTIN ST R-1S MATTHEW 49-65 MOUNT VIEW BAPTIST CHURCH 908 ST CLAIR AVE R-2 49-31 SWINSON, LINDA JEAN 1205 BELLEVIEW AVE R-1S 49-63.9 BERTHOUD, HEIDI 1206 RIVER VISTA AVE R-2 49-29 CONNORS, BRADLEY D & KARA L 1201 BELLEVIEW AVE R-1S 48-117 SIMON, ROBERT T 906 MARTIN ST R-1S B 49-63 HICKS, ALVIN S 1210 RIVER VISTA AVE R-2 48-104.3 HICKS, ALVIN S 927 ST CLAIR AVE R-1S 48-120 HAND, JASON W & ELIZABETH S 907 ST CLAIR AVE R-1S 49-32 KLOOSTERMAN, ANDREW S & 1207 BELLEVIEW AVE R-1S ROSEN, PAMELA 48-116 MAXEY, BETTY JO 904 MARTIN ST R-1S 48-109 DAVIS, JAMES H & MARGARET A 930 LOCUST AVE R-1S 49-63.8 WALTON, STUART K 1212 RIVER VISTA AVE R-2 49-33 DOWDY, DENNIS R 1209 BELLEVIEW AVE R-1S 48-121 MCDERMOTT, GAIL E HANCHAK, 905 ST CLAIR AVE R-1S LAINA N 48-104.2 SOLOMOND, JOHN PAUL, TRUST 925 ST CLAIR AVE R-1S 48-124 CITY OF CHARLOTTESVILLE 0 MARTIN ST R-1S 49-33.1 MEHLICH, NANCY E 1211 BELLEVIEW AVE R-1S 48-122 SISSON, TERRE G 901 ST CLAIR AVE R-1S 49-34 ROSENTHAL, FAYE S & JERRY S, 1213 BELLEVIEW AVE R-1S TRUSTEES 49-63.7 HARVEY, ALLAN LEE 1216 RIVER VISTA AVE R-2 48-110 FARLEY, ROBERT C JR & PATRICIA 918 LOCUST AVE R-1S 49-63.6 MAXEY, HAZEL PATTERSON 1218 RIVER VISTA AVE R-2 C 49-101 YOUNG, JOSEPH D D’URSO, LAURA 1300 BELLEVIEW AVE R-2 49-51 SUGG, WILLIAM N 930 ST CLAIR AVE R-2 M 48-104.1 SNOW-AUST, LAURA K & AUST, 923 ST CLAIR AVE R-1S 48-123 CITY OF CHARLOTTESVILLE 0 ST CLAIR AVE R-1S ELIJAH S 49-63.5 RYANN, MELINA 1220 RIVER VISTA AVE R-2 49-35 HOWE, GRAHAM W & ELIZABETH 1215 BELLEVIEW AVE R-1S 49-63.4 LINDSAY, CHRISTINE M 1222 RIVER VISTA AVE R-2 48-105 SCHRANK, ELIZABETH E 921 ST CLAIR AVE R-1S 49-66 SMITH, CHARLES R & ANNA D 902 ST CLAIR AVE R-2 48-113 WARFIELD-BROWN, ROSALIND 912 LOCUST AVE R-1S 51-100.1 MCNAB, JENNA 1010 LONG ST R-1S 48-106 LAURIE, GORDON W & SUSAN M 919 ST CLAIR AVE R-1S 49-63.3 ROWLAND, DONNA & PATTI LONG 1224 RIVER VISTA AVE R-2 49-37 NYIMA, JAMYANG 1217 BELLEVIEW AVE R-1S 49-58 AGEE, JOHN B & ELAINE 912 COLEMAN ST R-2 48-118 ALLER, JAMES D & SUZANNE R 910 MARTIN ST R-1S 49-69 THACKER, RONNIE S & JUDY G 900 ST CLAIR AVE R-2 TMP(s) 49-65, 49-72.1, 49-72, & 49-73 49-50 WARD PROPERTIES, LLC 1206 BELLEVIEW AVE R-2 49-72 WRIGHT & NAPIER, LLC 1221 LANDONIA CIR R-2 Revised 7 October 2022 49-52 STURGILL, BEATTIE GRAHAM 1203 RIVER VISTA AVE R-2 51-100 HAMLETT, LEROY R JR & T J 1012 LONG ST R-1S Revised 8 June 2022 49-38 RICHARDSON, JAMES 1219 BELLEVIEW AVE R-1S MICHIE TR Revised 20 May 2022 49-49 HUNT, MARTHA M 1210 BELLEVIEW AVE R-2 49-69.A WARD, DAVID J & VIRGINIA V 1128 OTTER ST R-2 Submitted 08 February 2022 48-114 WARFIELD-BROWN, ROSALIND 0 LOCUST AVE R-1S project: 21.047 SHIMP ENGINEERING, P.C. Page 176 of 231 Parcel Owner Address Zone Parcel Owner Address Zone CITY OF CHARLOTTESVILLE REZONING 49-63.2 FELDMAN, GARY A & DEBRA J 1226 RIVER VISTA AVE R-2 49-94.1 TIGER FUEL COMPANY 1315 LONG ST B-2 DEVELOPMENT PLAN TULER 49-69.1 LEE, HSIU CHU 1130 OTTER ST R-2 51-99.A 51-99 SAGA HOMES, LLC 1008 LONG ST USMANOV, ZAKARYA & OLIMZHON 1006 LONG ST R-1S R-1S MOUNT VIEW 49-72.1 WRIGHT & NAPIER, LLC 1133 OTTER ST R-2 PLANNED UNIT DEVELOPMENT 49-48 FISHER, LARA L 1212 BELLEVIEW AVE R-2 49-63.1 BLAKE, LINDA D & DANIEL E 1228 RIVER VISTA AVE R-2 49-53.5 DEMAIO, EDWARD K & FRANCES 1215 RIVER VISTA AVE R-2 500’ RADIUS 51-101 STURGEON, KYLE A & SHIRLEY, 1014 LONG ST R-1S M LAUREN S ADJ. PARCEL INVENTORY 49-54 1217 RIVER VISTA AVE CVILLE, LLC 1217 RIVER VISTA AVE R-2 49-69.2 SZAKOS, JOSEPH A & KRISTIN 1132 OTTER ST R-2 Sheet 2 of 13 49-47 WELCH, CAMERON R 1214 BELLEVIEW AVE R-2 LAYNG 49-54.1 FOSTER, DWIGHT & IRENE 1219 RIVER VISTA AVE R-2 49-73 LANDONIA, LLC 0 LANDONIA CIR R-2 49-55.1 DUFFY, AIMEE E BOUDOURIS, 1221 RIVER VISTA AVE R-2 49-59 KIRSCHNICK, DAVID M 926 COLEMAN ST R-2 KATHRYN L 49-71 SOVRAN BANK 1205 LONG ST B-1 49-45 MORRIS, DONNA M & LORI A 1220 BELLEVIEW AVE R-2 51-94.1 BARNARD, CHRISTOPHER & 841 ST CLAIR AVE R-1S HANGER PAMELA 49-46 KORMAN, AMANDA F SIMALCHIK, 1218 BELLEVIEW AVE R-2 51-102 FLEMING, JACOB L & LINDSAY J 1016 LONG ST R-1S BRIAN T 49-60 THOMAS, ROY S JR & NELLIE P 908 COLEMAN ST R-2 49-55 COMFORT, JASON E & CARRIE A 1223 RIVER VISTA AVE R-2 49-74 CRITZER, JESSIE 1205 LANDONIA CIR R-2 49-44 WAMPLER, ERIC M 1222 BELLEVIEW AVE R-2 49-75 CRITZER, PAUL C 1207 LANDONIA CIR R-2 49-55.2 HUCK, JENNIFER A & ADAM F 1225 RIVER VISTA AVE R-2 49-62 TSERING, PASANG & NGAWANG 904 COLEMAN ST R-2 SLEZ DOLKAR 49-43 LUDWIG, DALE & CHRIS ANN 1226 BELLEVIEW AVE R-2 49-76 DEANE, ELLIS R, JR & VIVIAN C 1209 LANDONIA CIR R-2 49-56 BABER, JAMES A & NATALIE A 1227 RIVER VISTA AVE R-2 51-103 JACKSON, TREATROUS & KEITH 1200 LONG ST R-2 49-42 LANG, PEARON, JR & JEAN, 1228 BELLEVIEW AVE R-2 GROOMES, JR TRUSTEES 49-84 HENRY, THOMAS E, TRUSTEE 1200 LANDONIA CIR R-2 49-41 HICKS, RANDOLPH L 1230 BELLEVIEW AVE R-2 49-77 TAYLOR, WILLIAM E & MARGARET 902 COLEMAN ST R-2 49-57 LACE LEAF, LLC 1229 RIVER VISTA AVE R-2 C 49-57.1 GORMAN, TIMOTHY P & SUSAN H 1231 RIVER VISTA AVE R-2 49-95 RIVERVIEW LAND AND 921 RIVER RD CC & FISHER, LARA L DEVELOPMENT, LLC 51-104 CARTER, NANCY D 1202 LONG ST R-2 49-84.A HENRY, THOMAS E, TRUSTEE 1202 LANDONIA CIR R-2 51-113 SIPE, MARGARET B 840 ST CLAIR AVE R-2 49-78 DIXON, MATTHEW J 900 COLEMAN ST R-2 51-105 CARTER, NANCY D 1206 LONG ST R-2 49-82 HENRY, THOMAS E, TRUSTEE 1204 LANDONIA CIR R-2 51-106 CARTER, NANCY D 1210 LONG ST R-2 49-79 LONG STREET LLC 909 LANDONIA CIR B-1 49-85 KIMCO, L C 1305 LONG ST B-2 51-114 BARNARD, PAMELA G 838 ST CLAIR AVE R-2 51-112 BROWN, JASON T & PHEOBE B 1205 MOWBRAY PL R-2 51-107 CARTER, NANCY D 1212 LONG ST R-2 TMP(s) 49-65, 49-72.1, 49-72, & 49-73 51-111 K & C RESIDENCES LLC 1207-09 MOWBRAY PL R-2 51-108 CARTER, NANCY D & MATTHEW 1214 LONG ST R-2 Revised 7 October 2022 R, JR Revised 8 June 2022 51-110 WRIGHT, MORGAN G C & JESSIE J 1211 MOWBRAY PL R-2 Revised 20 May 2022 50-1 CITY OF CHARLOTTESVILLE 1300 LONG ST R-2 Submitted 08 February 2022 49-94 TIGER, FUEL COMPANY 0 LONG ST B-2 project: 21.047 SHIMP ENGINEERING, P.C. Page 177 of 231 CITY OF CHARLOTTESVILLE REZONING DEVELOPMENT PLAN MOUNT VIEW PLANNED UNIT DEVELOPMENT EXISTING CONDITIONS Sheet 3 of 13 TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 50 0 50 100 150 Revised 20 May 2022 Submitted 08 February 2022 Graphic Scale: 1”=50’ project: 21.047 SHIMP ENGINEERING, P.C. Page 178 of 231 CITY OF CHARLOTTESVILLE REZONING DEVELOPMENT PLAN RIVER VISTA AVENUE MOUNT VIEW PLANNED UNIT DEVELOPMENT BLOCK NETWORK UE AVE N Sheet 4 of 13 LAIR ST. C Phase 2 Phase 1 BLOCK 1 BLOCK 2 1.4 AC 2.0 AC OTTER STREET CIRCLE TMP(s) 49-65, 49-72.1, 49-72, & 49-73 LANDONIA Revised 7 October 2022 Revised 8 June 2022 50 0 50 100 150 Revised 20 May 2022 Submitted 08 February 2022 Graphic Scale: 1”=50’ project: 21.047 SHIMP ENGINEERING, P.C. Page 179 of 231 CITY OF CHARLOTTESVILLE REZONING “A” Ancillary Use “S” Special Use Permit “B” By-Right “T” Temporary Use Permit DEVELOPMENT PLAN “P” Provisional Use Permit Change Proposed Between Existing R-2 Zoning & PUD MOUNT VIEW 1. Existing R-2 zoning included for reference purposes only PLANNED UNIT DEVELOPMENT USE TABLE Sheet 5 of 13 USE TYPES USE TYPES USE TYPES Block 1 Block 1 Block 1 Non-Residential: General Existing R-2 Block 2 Non-Residential: Existing R-2 Block 2 Existing R-2 Block 2 Mount View Mount View Residential & Related Uses Mount View & Misc. Commercial Zoning1 Residential Retail Zoning1 Residential Zoning1 Residential Baptist Church Baptist Church Baptist Church Accessory buildings, Accessory buildings, B B B B Accessory apartment, structures and uses structures and uses P B external Art studio, GFA 4,000 SF Consumer service businesses: B Accessory apartment, or less Up to 2,000 SF, GFA B P B internal Temporary sales, Art workshop B Accessory buildings, outdoor (flea markets, B B B T structures and uses craft fairs, promotional Assembly (indoor): sales, etc.) Adult assisted living: Houses of worship B B B Other retail stores (non-specified): 1—8 residents B B Assembly (outdoor): Up to 2,000 SF, GFA B Dwellings: Temporary (outdoor Multifamily B B T T church services, etc.) Single-family attached B B Daycare facility S B Single-family detached B B Offices: Two-family B B Property management B Family day home: Parking: 1—4 children B B B Surface parking lot A A 5—12 children P P P Surface parking lot (more Home occupation P P P A A than 20 spaces) Occupancy, residential: Temporary parking T T 3 unrelated persons B B B facilities 4 unrelated persons B B B Outdoor: Parks, playgrounds, ball fields and ball courts, swimming B B B pools, picnic shelters, etc. (city owned), and related concession stands Outdoor: Parks, TMP(s) 49-65, 49-72.1, 49-72, & 49-73 playgrounds, ball fields and ball courts, swimmng S B B Revised 7 October 2022 pools, picnic shelters, etc. Revised 8 June 2022 (private) Revised 20 May 2022 Utility lines B B B Submitted 08 February 2022 project: 21.047 SHIMP ENGINEERING, P.C. Page 180 of 231 CITY OF CHARLOTTESVILLE REZONING DEVELOPMENT PLAN MOUNT VIEW PLANNED UNIT DEVELOPMENT LAND USE PLAN Portion of River Vista Avenue Sheet 6 of 13 entrance within public ROW to meet local street standards unless design waivers are approved Setbacks RIVER VISTA AVENUE Entrance Block 1 | Mount Refer to land use plan for View Baptist Church required minimum setbacks Block 2 | Residential Refer to land use plan for required minimum setbacks Density Total Density of PUD 72 dwelling units / 3.4 AC = 22 DUA Not to exceed 22 DUA Building Envelope Residential Unit Count Building Envelope Block 1 | Mount Max 12 units View Baptist Church UE Area of future development Block 2 | Residential Max 60 units N Parking AVE for church and Building permitted uses Central Greenspace Parking Non-Residential Uses Envelope LAIR Block 1 | Mount Church - Max 20,000 SF Building View Baptist Church Daycare Facility - Max 6,000 SF Envelope ST. C Other permitted uses - Max Parking 2,000 SF Mount View Block 2 | Residential Property Management Office - 1,500 SF Baptist Church Entrance Building Height Building Envelope Block 1 | Mount Maximum 35’ View Baptist Church OTTER STREET Block 2 | Residential Maximum 35’ 10’ Multiuse Path Parking Parking to comply with Sec. 34-984 of the City Zoning Ordinance unless reductions are pursued at site plan per Sec. 34-985 and are administratively approved CIRCLE LANDONIA TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 80 0 80 160 240 Revised 20 May 2022 Submitted 08 February 2022 Graphic Scale: 1”=80’ ROUTE 250 project: 21.047 SHIMP ENGINEERING, P.C. Page 181 of 231 CITY OF CHARLOTTESVILLE REZONING DEVELOPMENT PLAN MOUNT VIEW PLANNED UNIT DEVELOPMENT OPEN SPACE & Screening Buffer SCREENING EXHIBIT Minimum 8’ screening buffer with S-2 type Sheet 7 of 13 plantings Screening Fence Screening Buffer Screening Fence Minimum 10’ screening buffer with S-2 type plantings Pervious Pavers Sheltered Bike Parking Screening Buffer Minimum 10’ screening buffer with S-2 type plantings Sidewalk on Landonia Circle to be constructed within 10’ Multiuse Path City ROW if permitted during site plan Open Space Total PUD Site 3.4 AC Required Open Space 15% TMP(s) 49-65, 49-72.1, 49-72, & 49-73 [Sec. 34-493] Minimum Required Open 0.5 AC or 21,780 SF Revised 7 October 2022 Space in Mount View Revised 8 June 2022 50 0 50 100 150 Revised 20 May 2022 Submitted 08 February 2022 Per Sec. 34-493, open space must be useable for recreational Graphic Scale: 1”=50’ purposes, or provide visual, aesthetic, or environmental amenities. project: 21.047 SHIMP ENGINEERING, P.C. Page 182 of 231 CITY OF CHARLOTTESVILLE REZONING DEVELOPMENT PLAN MOUNT VIEW PLANNED UNIT DEVELOPMENT LANDSCAPE PLAN Sheet 8 of 13 Landscape coverage requirements shall comply with Sec. 34-869(b)(2) of the City Zoning Ordinance TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 50 0 50 100 150 Revised 20 May 2022 Submitted 08 February 2022 Graphic Scale: 1”=50’ project: 21.047 SHIMP ENGINEERING, P.C. Page 183 of 231 CITY OF CHARLOTTESVILLE REZONING DEVELOPMENT PLAN MOUNT VIEW PLANNED UNIT DEVELOPMENT UTILITY PLAN Sheet 9 of 13 TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 50 0 50 100 150 Revised 20 May 2022 Submitted 08 February 2022 Graphic Scale: 1”=50’ project: 21.047 SHIMP ENGINEERING, P.C. Page 184 of 231 CITY OF CHARLOTTESVILLE REZONING Homes on River Vista Ave DEVELOPMENT PLAN Homes on St. Clair Ave MOUNT VIEW PLANNED UNIT DEVELOPMENT MASSING DIAGRAM Sheet 10 of 13 TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 Revised 20 May 2022 Submitted 08 February 2022 project: 21.047 SHIMP ENGINEERING, P.C. Page 185 of 231 CITY OF CHARLOTTESVILLE REZONING Homes on River Vista Ave DEVELOPMENT PLAN MOUNT VIEW PLANNED UNIT DEVELOPMENT MASSING DIAGRAM Sheet 11 of 13 TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 Revised 20 May 2022 Submitted 08 February 2022 project: 21.047 SHIMP ENGINEERING, P.C. Page 186 of 231 CITY OF CHARLOTTESVILLE REZONING Homes on St. Clair Ave Homes on River Vista Ave DEVELOPMENT PLAN MOUNT VIEW PLANNED UNIT DEVELOPMENT MASSING DIAGRAM Sheet 12 of 13 TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 Revised 20 May 2022 Submitted 08 February 2022 project: 21.047 SHIMP ENGINEERING, P.C. Page 187 of 231 CITY OF CHARLOTTESVILLE REZONING River Vista Ave DEVELOPMENT PLAN MOUNT VIEW PLANNED UNIT DEVELOPMENT MASSING DIAGRAM Sheet 13 of 13 Homes on River Vista Ave nc e ntra e e a Av V ist r ive R River Vista Ave ve aA ist rV ive nR so me Ho TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 Revised 20 May 2022 Submitted 08 February 2022 project: 21.047 SHIMP ENGINEERING, P.C. Page 188 of 231 CITY OF CHARLOTTESVILLE REZONING EXHIBIT MOUNT VIEW PLANNED UNIT DEVELOPMENT LAND DISTURBANCE PLAN Sheet 1 of 1 The “land disturbance plan” shows the initial phase of development as well as the limits of land disturbance proposed in the initial phase of the Mount View PUD. The limits of disturbance is approximately 2.5 acres, which includes off-site disturbance necessary for improvements to Landonia Circle and construction of the multi-use path. TMP(s) 49-65, 49-72.1, 49-72, & 49-73 Revised 7 October 2022 Revised 8 June 2022 Revised 20 May 2022 Submitted 08 February 2022 project: 21.047 SHIMP ENGINEERING, P.C. Page 189 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Resolution Approval Presenter: Carrie Rainey, Urban Designer/City Planner Staff Contacts: Carrie Rainey, Urban Designer/City Planner Jack Dawson, City Engineer Title: Considering a Sidewalk Waiver Request for the Mount View PUD (Planned Unit Development) (1 reading) Background Previously, it was the practice for the Planning Commission to approve sidewalk waiver requests, as referenced within Section 29-182(j) of the subdivision ordinance; however, in 2013 the Virginia Supreme Court decided that only City Council may grant this type of waiver. This is one of many updates that are necessary to the City’s various development ordinances. The current practice for sidewalk waiver requests presented by developers pursuant to Section 29-182 is for the approval of the requested waivers to be presented to City Council for review and decision. Kelsey Schlein of Shimp Engineering, P.C., on behalf of Mount View Baptist Church, Mount View Properties, LLC, and Route 250 Houses, LLC (collectively the “Owners”), requests a waiver from the requirement of Section 29-182(j)(2) of the City Code for construction of sidewalks to approved City standards on both sides of every new street. The waiver request seeks to waive the sidewalk requirement for the eastern side of a portion of the River Vista Avenue right-of-way, which the applicant proposes to improve to support a new multifamily development. The Owners have also submitted an application pursuant to Section 34-490 seeking a zoning map amendment to change the zoning district classifications of 908 St. Clair Avenue, 1133 Otter Street, 1221 Landonia Circle, and 1201 Landonia Circle (Tax Map Parcels 490065000, 490072100, 490072000, and 490073000). The application proposes to change the zoning classification of the Subject Property from “R-2” (Two-Family Residential) to “PUD” (Planned Unit Development) subject to proffered development conditions. Discussion Per Section 29-182(j)(5), the authority granting the waiver shall consider not only the factors set forth within Section 29-182(j)(5) but also Section 29-36. The applicant’s analysis of these factors is included in the Application Materials, attached. Public Works Engineering has provided the following analysis: The proposed right-of-way (ROW) is 40-ft. From the Standards and Design Manual (SADM), minimum “Local” standards include: 2x 5-ft sidewalks, 2x10-ft lanes, 2 X 0.5-ft curbs, and 2 x 1-ft buffer. This totals a total required cross section Page 190 of 231 of 33-ft. This would still provide for 7-ft for retaining walls if required. There seems to be no reason that this is not feasible. The applicant’s reference to the further complications regarding providing a road in accordance with street standards does not seem relevant as the road as shown on this plan exceeds street standards even with just one sidewalk. (12% slope shown exceeds 10% required by SADM). The road should meet all design standards, including sidewalk requirements. As previously noted, the authority granting the waiver shall consider the factors set forth within Section 29-36, which state that due to the unusual size, topography, shape of the property, location of the property or other unusual conditions (excluding the proprietary interests of the subdivider) the requirement that is proposed to be varied or excepted would result in substantial injustice or hardship and would not forward the purposes of this chapter or serve the public interest. Public Works Engineering has confirmed that no hardships due to the physical site exist. Per Section 29-182(j)(5), the authority shall also consider the following factors: Whether a surface other than concrete is more appropriate for the subdivision because of the character of the proposed subdivision and the surrounding neighborhood. Alternative surfaces are not under consideration in this application. Whether sidewalks on only one (1) side of the street may be appropriate due to environmental constraints such as streams, stream buffers, critical slopes, floodplain, tree cover, or wetlands, or because lots are provided on only one (1) side of the street. There are no environmental constraints limiting sidewalk installation on both sides of the street. Whether the sidewalks reasonably can connect into an existing or future pedestrian system in the area. While the existing sidewalk network on River Vista Avenue is incomplete, sidewalks installed on the area of the River Vista to be improved through the application would connect to both existing segments and future additions. The associated Planned Unit Development (PUD) rezoning application does not propose sidewalk on site to connect with the eastern portion of River Vista Avenue, where this sidewalk waiver is requested. Whether the length of the street is so short and the density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit. While the applicant does not propose sidewalk connections on-site to the eastern side of River Vista Avenue, the applicant proposes to add up to 72 residential units as a part of the associated Planned Unit Development (PUD) rezoning application. Therefore, staff believes there is a public benefit to providing public sidewalk on both sides of River Vista Avenue. Whether an alternate pedestrian system including an alternative pavement could provide more appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative profile submitted by the subdivider. No proposed alternative is under consideration. Whether the sidewalks would be publicly or privately maintained. Section 29-182(j)(2) states sidewalks shall be constructed to approved city standards on both sides of every new street, and the dedicated right-of-way for a public street shall be sufficient to permit installation of the sidewalk within the right-of-way on both sides of such street. Therefore, sidewalks would be constructed in the public right-of-way and, after approved and accepted by the City, the sidewalk improvements would be maintained by the City. Page 191 of 231 Whether the waiver promotes the goals of the comprehensive plan, including the applicable neighborhood plan; and (viii) whether waiving the requirement would enable a different principle of the neighborhood plan to be more fully achieved. The requested waiver will not promote the goals and objectives of the 2021 Comprehensive Plan, such as: Chapter 6 (Transportation): Strategy 2.2 Through development processes, implement and incentivize improved facilities and amenities for non-motorized travelers, including those needed to support multimodal travel by residents, workers, and visitors. Alignment with City Council's Vision and Strategic Plan Sidewalk construction contributes to City Council's Vision Statement, A Connected Community, as well as Goal 3 of City Council's Strategic Plan, A Beautiful and Sustainable Natural and Built Environment, and Objective 3.2, to provide reliable and high quality infrastructure, and objective 3.3, to provide a variety of transportation and mobility options. Community Engagement Property owners within 500-feet of the subject properties were notified of the applicant-held community meeting per Section 34-41(c)(2) on March 9, 2022, and the joint public hearing with Planning Commission and City Council on September 13, 2022. Discussions at both meetings and written comments received by staff regarding the project note concerns with increasing vehicular traffic, walkability of the community, and gaps in the existing sidewalk network. Budgetary Impact If City Council grants a sidewalk waiver to an applicant in connection with the proposed development of a new subdivision/ city street, then if the City later wishes to establish a sidewalk adjacent to the developed street, the City will be required to pay for and complete that construction in accordance with its approved CIP. If City Council does not grant this waiver, and a new sidewalk is established on both sides of the new city street, then the City’s long-term maintenance costs will be slightly higher than if no sidewalk is constructed. Recommendation Public Works Engineering has confirmed there are no hardships per Section 29-36 preventing the installation of new sidewalk on the eastern side of River Vista Avenue. While the applicant has chosen to not provide a private sidewalk connection within the site to the eastern side of River Vista Avenue, staff believes the public pedestrian network should be installed as required by the standards of Chapter 29 in support of the 2021 Comprehensive Plan. Staff recommends the waiver is denied. Should City Council decide to grant the waiver request, the following is suggested for a motion: "I move the RESOLUTION approving a sidewalk waiver request for the Mount View PUD, for property located at 908 Saint Clair Avenue, 113 Otter Street, 1221 Landonia Circle, and 1201 Landonia Circle" Alternatives City Council may : (1) by motion, take action to deny the sidewalk waiver; (2) by motion, defer action on the sidewalk waiver. Page 192 of 231 Attachments 1. Res Sidewalk Waiver Mount View PUD 2. Mount View PUD Sidewalk Waiver Application Page 193 of 231 RESOLUTION Approving a Sidewalk Waiver Request for the Mount View PUD, for the property located at 908 Saint Clair Avenue, 113 Otter Street, 1221 Landonia Circle, and 1201 Landonia Circle WHEREAS application has been made by Shimp Engineering as the agent of Mount View Baptist Church, Mount View Properties, LLC, and Route 250 Homes, LLC (collectively, “Landowners”), who are the current owners of property located at 908 St. Clair, 113 Otter Street, 1221 Landonia Circle, and 1201 Landonia Circle, further identified, respectively, within the City’s real estate assessment records by Real Estate Parcel Identification Nos. 490065000, 490072100, 490072000, and 490073000 (collectively, the “Subject Property”), to seek a waiver of the sidewalk requirement set forth within City Code Sec. 34-1124(b) with respect to the proposed development of a planned unit development referred to as the Mount View PUD on the Subject Property, and, more specifically, the Landowners request City Council to waive certain of the sidewalk requirements to allow the construction of a sidewalk only on the western side of River Vista Avenue; and WHEREAS City staff has submitted to Council comments and recommendations regarding the sidewalk waiver request, and Council has reviewed the staff recommendations and the information and materials submitted with the application; and WHEREAS City Council has considered the factors set forth within Sec. 34-1124(b) and has determined that the sidewalk waiver request should be approved; now, therefore, BE IT RESOLVED by the Council for the City of Charlottesville, Virginia THAT the requested sidewalk waiver is approved in connection with the development of the Subject Parcel referred to as the Mount View PUD. Page 194 of 231 Page 195 of 231 Page 196 of 231 Page 197 of 231 Page 198 of 231 Mr. James Freas, Director of Neighborhood Services City of Charlottesville PO Box 911 Charlottesville, VA 22902 June 8, 2022 RE: MOUNT VIEW PUD SIDEWALK EXCEPTION REQUEST (SEC. 29-182(j)(5)) Dear Mr. Freas and Members of the Planning Commission, In accordance with Sec. 182(j)(5) of Chapter 29 – Subdivision of Land of the City Code, we respectfully request an exception from Sec. 29-182(j)(2) which requires sidewalks to be constructed on both sides of every new street; specifically this exception request applies to the eastern side of the street proposed within the existing right-of-way that runs perpendicular to River Vista Avenue. See attached “Exhibit A” which shows the proposed improvements in the right-of-way and the area where sidewalks are not proposed, which is the subject of this exception request. In your evaluation of this request, please consider the following: Sec. 29-36 – Variations (a)Whenever this chapter contains provisions for variation or exception to a requirement, the agent or commission in considering a request for a variation or exception, shall consider whether, because of unusual size, topography, shape of the property, location of the property or other unusual conditions (excluding the proprietary interests of the subdivider) the requirement that is proposed to be varied or excepted would result in substantial injustice or hardship and would not forward the purposes of this chapter or serve the public interest. In the right-of-way that is perpendicular to River Vista Ave, the Mount View PUD proposes the construction of a road to City street standards with the exception of a providing a sidewalk along the eastern edge of the proposed street. The existing right-of-way is 40’ in width and is bound on the east and west by privately owned residential lots. The proposed street will feature a sidewalk along the western side and will feature street trees along the eastern side. There are no residential units proposed to front on this portion of right-of-way and the sidewalk proposed along the western side of the street is well integrated into a larger sidewalk network within the Mount View PUD. The 40’ right-of-way width limits the improvements that can be accommodated within the right-of-way and this limitation is further compounded by the earthwork necessary to design a road in accordance with street standards. Although a sidewalk is not provided on the eastern side of the street, pedestrian connectivity is not compromised within the PUD. There is a clear pedestrian connection running through the site connecting Landonia Circle to River Vista and there are pedestrian connections provided east to west through the site as well, providing connection points to Otter St., Mount View Church, and adjacent properties. In summary, in your consideration of this request please consider the site constraints within the right-of-way, the well- connected pedestrian network elsewhere within the PUD including on the western side of the proposed street, and that no units will be fronting on this portion of the right-of-way. Sec. 29-182(j)(5)(i-vii) (i) whether a surface other than concrete is more appropriate for the subdivision because of the character of the proposed subdivision and the surrounding neighborhood; This consideration is not applicable for this particular request. Page 199 of 231 (ii) whether sidewalks on only one (1) side of the street may be appropriate due to environmental constraints such as streams, stream buffers, critical slopes, floodplain, tree cover, or wetlands, or because lots are provided on only one (1) side of the street; There are no environmental constraints within the right-of-way and there are no residential units proposed on the street. Sidewalks are proposed only on one side of the street due to the right-of-way width and existing site grade which must be reworked within the existing right-of-way to meet City street standards. (iii) whether the sidewalks reasonably can connect into an existing or future pedestrian system in the area; The sidewalk proposed on the western portion of the street is well integrated into the internal sidewalk network proposed within the Mount View PUD; there are clear north/south and east/west pedestrian connections provided. (iv) whether the length of the street is so short and the density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit; The public street portion of the travel way is short; approximately 70’ in length and it is not expected for there to be significant vehicular traffic along this portion of right-of-way to the point where it would be unsafe for pedestrians to cross to the western sidewalk within the development. (v) whether an alternate pedestrian system including an alternative pavement could provide more appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative profile submitted by the subdivider; No alternative surfaces are proposed with this request. The pedestrian connections proposed provide access to adjacent streets and properties. (vi) whether the sidewalks would be publicly or privately maintained; The majority of the pedestrian connections affiliated with the development will be privately maintained however all improvements proposed within the right-of-way will be publicly maintained. (vii) whether the waiver promotes the goals of the comprehensive plan, including the applicable neighborhood plan; and The Mount View PUD promotes many goals of the comprehensive plan; the PUD Development Plan details the various consistencies. This development proposes a well-connected pedestrian network that promotes walkability within and around the proposed PUD. Granting of this waiver will not compromise pedestrian connectivity in this particular location. (viii) whether waiving the requirement would enable a different principle of the neighborhood plan to be more fully achieved. Waiving the sidewalk requirement on the eastern side of the proposed street would allow for the construction of these street improvements within the existing 40’ right-of-way without encroaching on adjacent properties. These improvements are necessary to provide safe and convenient access to the proposed Mount View PUD. Page 200 of 231 Thank you for your consideration of this request. Page 201 of 231 EXHIBIT A RIVER VISTA EXTENTS OF SIDEWALK EXCEPTION REQUEST EXISTING RIGHT-OF-WAY Page 202 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Appropriation action required. Presenter: Riaan Anthony, Deputy Director - Parks Division Staff Contacts: Riaan Anthony, Deputy Director - Parks Division Dana Kasler, Director of Parks and Recreation Title: Transferring Capital Funds from City/County fund (P-00834) for renovations to Washington Park Pool - $350,000 (1 of 2 readings) Background The City of Charlottesville, through Parks and Recreation, has funding budgeted to install synthetic turf and lights on four (4) rectangular athletic fields at Darden Towe Park in FY’20 (P-00834) in the amount of $923,963. This Capital Improvement Plan (CIP) is a joint project fund between the City and the County, and the County has not approved this project and recent deliberation confirms they are not moving forward as originally planned. Staff would like to reallocate funds to resurface the Washington Park Pool shell and all the pool amenities, including shade structures and mirror renovation. If approved, $350,000.00 will be appropriated into the lump sum account P-00834. Discussion The Parks and Recreation CIP project has the remaining project balance, and no additional expenditure: P-00834 City/County CIP Fund $350,000.00 Alignment with City Council's Vision and Strategic Plan This project aligns with City Council’s “Green City” vision and contributes to Goal 2 of the Strategic Plan: Be a safe, equitable, thriving and beautiful community, and objective 2.5, to provide natural and historical resources stewardship.; 5.2. Build collaborative partnerships; 5.3. Promote community engagement. Community Engagement Washington Park pool is well used by the community during the summer season and the community will be very happy to see this pool resurface. Budgetary Impact Page 203 of 231 No new funding is being appropriated. All funds will be transferred from funding previously appropriated in the Capital Improvement Program Fund. Recommendation Staff recommends the appropriation of these funds. Alternatives N/A Attachments 1. Washington Park Pool Resolution Page 204 of 231 RESOLUTION Appropriating the amount of $350,000 For Renovations to Washington Park Pool WHEREAS renovations are needed to resurface the Washington Park Pool shell and pool amenities, including shade structures and mirror renovation; WHEREAS Council previously appropriated funding to install synthetic turf and lights on four (4) rectangular athletic fields at Darden Towe Park in FY 20; AND WHEREAS Albemarle County has not approved this project and recent deliberation confirms they are not moving forward as originally planned; BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $350,000 is hereby appropriated as follows: Transfer From; $350,000 Fund: 426 WBS: P-00834 G/L Account: 599999 Transfer To $350,000 Fund: 426 WBS: P-00XXX G/L Account: 599999 Page 205 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Approve Resolution Presenter: Lisa Robertson, City Attorney Staff Contacts: Samuel Sanders, Jr., Deputy City Manager Title: Expressing support for a Capital Project to establish Handicapped Access to the Charlottesville Dogwood Vietnam Memorial (1 reading) Background The Dogwood Vietnam Memorial was the first civic/ public memorial in the United States to be dedicated to those who served and sacrificed their lives in service to their country in the war in Vietnam. The idea for the memorial was presented by members of the City's Dogwood Festival, in the mid-1960s. A site was selected within McIntire Park (a knoll close to the U.S. 250 Bypass) and the memorial was constructed on City property, without any funding from the City government. The purpose of the memorial, which was first formally dedicated on April 20, 1966, was stated as follows: "The Dogwood Memorial dedicated to the lasting memory of these men and all who served our country in Vietnam." The 50th year anniversary of the memorial occurred in April 2016, and over 750 people attended a rededication ceremony. More recently, when the City decided to construct the John Warner Parkway, the Dogwood Memorial was resituated as part of that project. (It is not clear, based on public records, why handicapped accessibility was not addressed during the Parkway Project). The memorial was reoriented by 180 degrees and individual plaques were added for each veteran killed during the Vietnam War. Discussion Years ago, the Memorial was able to be constructed without the use of any public funding; all the City government needed to do was allow the Memorial to be placed on City-owned public park land. Today, however, it is acknowledged that a project to construct a surface parking lot, as well as a pedestrian bridge over the John Warner Parkway, is most likely a project having a scope, level of risk, and cost that would require some amount of involvement by the City government, both fiscal and otherwise. That being the case: when City Council wishes to "partner" with private entities, including non-profit entities, to accomplish particular types of public improvement projects, especially infrastructure, some type of competitive process may be required, either under the Virginia Public Procurement Act, or the Virginia Public-Private Education Facilities and Infrastructure Act of 2002. The City Manager's Office recommends that City Council should continue to explore its options as to how to select and commence a competitive process by which a project to establish a new surface parking lot, and a handicapped accessible pedestrian walkway from the parking lot to the Memorial, Page 206 of 231 can be officially scoped out and added to the City's Capital Improvements Program, to be funded by private as well as state or local funding. At this time the Veterans' Foundation has been discussing with Senator Deeds the potential for state funding for establishment of handicapped accessibility to the Memorial. Senator Deeds has expressed the need for City Council to adopt a Resolution communicating its commitment to the project. Alignment with City Council's Vision and Strategic Plan Yes. This Project would serve City Council's vision(s) to be flexible and progressive in anticipating and responding to the needs of its citizens and to be a united community that treasures diversity. Community Engagement Since at least 2019 the issue of handicapped accessibility to the Dogwood Vietnam Memorial has been discussed at the Council level, including within a working group established by City Council Budgetary Impact None at present. It is anticipated that the ballpark cost of the needed improvements is $2.5 million, at least some of which would be funded by private donations, and some by public (either state or local) funding. Recommendation Approval. Suggested motion: "I move the RESOLUTION expressing support for a Capital Project to establish Handicapped Access to the Charlottesville Dogwood Vietnam Memorial." Alternatives N/A Attachments 1. Resolution 12 5 2022 Page 207 of 231 RESOLUTION Expressing Support for a Capital Project to Establish Handicapped Access to the Charlottesville Dogwood Vietnam Memorial WHEREAS the Charlottesville City Council recognizes the historic significance of the Dogwood Vietnam Memorial as the first Vietnam War Memorial constructed on public property within our country, and Council also wishes to acknowledge the continuing importance of this memorial as a poignant lesson of the sacrifices of many of our local residents during the Vietnam War; and WHEREAS the Dogwood Vietnam Memorial was originally constructed in the mid- 1960s within McIntire Park, a public park owned by the City of Charlottesville, funded entirely by private donations, and City Council desires to take steps to ensure that the Memorial will remain an important, integral component of the City’s public park system, for generations to come; and WHEREAS the Charlottesville City Council respects the unflagging commitment of the Dogwood Vietnam Veterans Foundation, whose members have generously contributed funding and supplies over the course of many years for the care, maintenance and enhancement of the memorial and surrounding plaza; and WHEREAS in response to concerns that the Memorial is not easy for handicapped persons to access, City Council appointed a working group in 2019, to discuss pedestrian access to the Dogwood Vietnam Memorial Plaza and identify obstacles to pedestrian accessibility; this working group recommended to City Council the creation of a vehicle parking area with a pedestrian bridge crossing over the John Warner Parkway; now, therefore, BE IT RESOLVED by the Council of the City of Charlottesville THAT the City Council desires to identify a path forward for making a parking lot and handicapped accessible access from the parking lot to the Dogwood Vietnam Memorial Plaza a viable capital construction project, to be undertaken either by the City government, or by the City in conjunction with a third party, following review of options available under applicable procurement or other legal procedures, with the intention that the project will be funded by private donations as well as state or local public funds; and BE IT FURTHER RESOLVED THAT the City Council hereby requests Senator Creigh Deeds to sponsor a request for state funding to be awarded to the Charlottesville Dogwood Vietnam Veterans Foundation, or to the City of Charlottesville as fiscal agent for the Foundation, such funding to be used solely for construction of a parking lot adjacent to the John Warner Parkway and construction of a handicapped-accessible pedestrian walkway from the parking lot to the Dogwood Vietnam Memorial Plaza. Page 208 of 231 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 5, 2022 Action Required: Vote of Approval (by motion, no resolution(s) required) Presenter: David Blount, Lloyd Snook, Sena Magill Staff Contacts: Lisa Robertson, City Attorney Title: 2023 Local Legislative Positions Background Each year, the localities in the Thomas Jefferson Planning District (TJPD) region adopt legislative priorities and positions on issues of importance and concern to local governments. These positions form the basis for local advocacy efforts during the General Assembly session each winter. The City Attorney’s Office works in conjunction with TJPD’s legislative liaison during the session to provide advocacy on behalf of the City’s interests. Additionally, City Council establishes a statement of legislative positions as a means of communicating to legislators (i) issues of specific concern and interest to Council, and (ii) requests, if any, for legislative action items. Discussion TJPDC Program—The TJPDC legislative program is crafted based on discussions with and input from the six localities in the region. The recommendations, requests and positions in the program cover a range of issues and topics, which include perennial items of importance; those that are anticipated to become the subject of proposed legislation or state budget items during the upcoming session; and items that may be of concern to the entire region or to individual localities in the region. City Position Statements--Mayor Snook and Councilor Magill (Council's Legislative Committee) have been preparing a proposed set of legislative position statements for City Council's consideration. They will present the positions to the full council for consideration on December 5. Alignment with City Council's Vision and Strategic Plan Yes. Community Engagement N/A Budgetary Impact None Page 209 of 231 Recommendation It is recommended that City Council, by motion, approve TJPDC's legislative position statements. Suggested Motion: "I move to approve the Thomas Jefferson Planning District Commission's 2023 Legislative Program as Presented to Council on December 5, 2022" It is also recommended that City Council, after reviewing the positions recommended by its Legislative Committee, make a motion to approve those positions. Suggested Motion: " I move to approve the statement of the City Council's 2023 Legislative Positions, as presented by Council's Legislative Committee on December 5, 2022" Alternatives TJPDC needs the buy-in of its members for its legislative agenda; however, Council may note for the record ("reserve") its difference of opinion as to one or more matters within that agenda, and approve the agenda subject to its specific reservations. City Council is not required to provide legislative position statements to local legislators, so City Council may decline to do so. Attachments None Page 210 of 231 Substantive Changes to Legislative Positions Section Education (p. 4; first bullet): Added support for new school construction assistance programs. General Government (p. 5): >Added specific items for which state funding for elections is sought, to include voting equipment, registrar costs, early voting requirements and election security standards (fifth bullet). >Added language to support funding for localities for cybersecurity to protect critical systems and sensitive data (eighth bullet). Housing (p. 6; first bullet): Added language to place additional emphasis on incentives and local authority to promote housing that is affordable. Land Use and Growth Management (p. 7; fifth bullet): Added language concerning compliance with regulations by event spaces. Public Safety (p. 7): >Added four new bullets as follows: 1) to encourage state support for paid and volunteer fire/EMS/first responders; 2) to urge state assistance to localities in recruiting and retaining law enforcement personnel; 3) to support legislation to help law enforcement combat the act of making a hoax call (swatting); and 4) to support indexing jail per diem costs as a fixed percentage of the actual statewide daily expense average. Page 211 of 231 Thomas Jefferson Planning District 2023 LEGISLATIVE PROGRAM Albemarle County | City of Charlottesville Fluvanna County | Greene County Louisa County | Nelson County DRAFT October 2022 Ned Gallaway, Chair Christine Jacobs, Executive Director David Blount, Director of Legislative Services Page 212 of 231 TOP LEGISLATIVE PRIORITIES ____________________________________________________________________________ Public Education Funding PRIORITY: The Planning District localities urge the State to fully fund its share of the realistic costs of the Standards of Quality (SOQ) without making policy changes that reduce funding or shift funding responsibility to localities. The State will spend billions of dollars on direct aid to public education in the current biennium. While we appreciate additional state teacher salary and other one-time and ongoing education dollars approved during the current biennium, we continue to believe that the State should increase its commitment to K-12 education in a manner that reflects the true costs of K-12 education. Local governments consistently go “above and beyond” to close this funding gap by appropriating twice as much K-12 funding as required by the state. We believe localities need an adequately-defined SOQ so that state funding better aligns with what school divisions are actually providing in their schools. This could include recognizing additional instructional positions and increasing state-funded staffing ratios for various non- instructional positions in the education funding formula. Localities and school divisions also should have flexibility in the use of state funds provided for school employee compensation. Further, we urge state efforts to support 1) adequate pipeline programs for teachers, especially in critical shortage areas; and 2) funding and policies that assist localities in addressing challenges with hiring school bus drivers and mental health professionals. Budgets and Funding PRIORITY: The Planning District’s member localities urge the governor and legislature to enhance state aid to localities and public schools, to not impose unfunded mandates on or shift costs to localities, and to enhance local revenue options. As the State continues to fine-tune revenue and spending priorities for the current biennium, we encourage support for K-12 education, health and public safety, economic development and other public goals. Localities continue to be the state’s “go-to” service provider and we believe state investment in local service delivery must be enhanced. Especially in these critical times, the State should not expect local governments to pay for new funding requirements or to expand existing ones on locally-delivered services, without a commensurate increase in state financial assistance. We oppose unfunded state and federal mandates and the cost shifting that occurs when the State or the federal government fails to fund requirements or reduces or eliminates funding for programs. Doing so strains local ability to craft effective and efficient budgets to deliver required services or those demanded by residents. We believe a changed business landscape will necessitate a review of revenue sources to localities, along with new ideas and actions to broaden and diversify local revenue streams. Any tax reform efforts also should examine the financing and delivering of state services at the local level and how revenue is generated relevant to our economic competitiveness. Accordingly, we support the legislature 1) making additional revenue options available to localities in order to 1 Page 213 of 231 diversify the local revenue stream; and 2) further strengthening for counties, those revenue authorities that were enhanced during the 2020 legislative session. The State should not eliminate or restrict local revenue sources or confiscate or redirect local general fund dollars to the state treasury. This includes Communications Sales and Use Tax Trust Fund dollars, the local share of recordation taxes, and any state-mandated exemptions to the local option sales tax, unless a viable revenue-replacement to local governments is established. Broadband PRIORITY: The Planning District’s member localities urge and support state and federal efforts and financial incentives that assist localities and their communities in deploying universal, affordable access to broadband technology in unserved areas. Access to high-speed internet is essential in the 21st century for economic growth, equity in access to public education and health services, community growth and remote work. Localities understand the importance of robust broadband for economic viability; the COVID-19 pandemic further stressed the need for broadband for homes and businesses, and to address K-12 education and telemedicine access without delay. Cooperative efforts among private broadband, internet and wireless companies, and electric cooperatives to ensure access to service at an affordable cost are key. Approaches that utilize both fiber and wireless technologies, public/private partnerships and regulated markets that provide a choice of service providers and competitive prices should be utilized. Accordingly, we support the ability of localities to establish, operate and maintain sustainable broadband authorities to provide essential broadband to communities. We believe state and federal support for broadband expansion should include the following: • While we appreciate federal and state actions that have substantially increased funding for the Virginia Telecommunication Initiative (VATI), we encourage continued efforts to offset further funding needs and to address concerns such as easement usage associated with deployment. • Provisions and incentives that would provide a sales tax exemption for materials used to construct broadband infrastructure. • Support for linking broadband efforts for education and public safety to private sector efforts to serve businesses and residences. • Maintaining local land use, permitting, fee and other local authorities. 2 Page 214 of 231 LEGISLATIVE POSITIONS Children’s Services Act The Planning District’s member localities urge the State to be partners in containing Children’s Services Act (CSA) costs and to better balance CSA responsibilities between the State and local governments. Accordingly, we take the following positions: • We support local ability to use state funds to pay for mandated services provided directly by the locality, specifically for private day placements, where the same services could be offered in schools; additionally, we support rate setting by the state for private day placements. • We support the state maintaining cost shares on a sum sufficient basis by both the State and local governments; changing the funding mechanism to a per-pupil basis of state funding would shift the sum sufficient portion fully to localities, which we would oppose. • We support enhanced state funding for local CSA administrative costs. • We support a cap on local expenditures (with the State making up any gaps) in order to combat higher costs for serving mandated children. • We support the State being proactive in making residential facilities, services and service providers available, especially in rural areas, and in supporting locality efforts to provide facilities and services on a regional level. • We oppose state efforts to increase local match levels and to make the program more uniform by attempting to control how localities run their programs. Economic and Workforce Development The Planning District’s member localities recognize economic development and workforce training as essential to the continued viability of the Commonwealth. Policies and additional state funding that closely link the goals of economic and workforce development and the state’s efforts to streamline and integrate workforce activities and revenue sources is crucial. Accordingly, we support the following: • Enhanced coordination with the K-12 education community to equip the workforce with in- demand skill sets, so as to align workforce supply with anticipated employer demands. • Continuing emphasis on regional cooperation in economic, workforce and tourism development. • Continuation of the GO Virginia initiative to grow and diversify the private sector in each region. • State job investment and small business grants being targeted to businesses that pay higher wages. • Increased state funding for regional planning district commissions. Education The Planning District’s member localities believe that, in addition to funding the Standards of Quality (as previously noted), the State should be a reliable funding partner with localities by recognizing other resources necessary for a high-quality public education system. Accordingly, we take the following positions: 3 Page 215 of 231 • Concerning school facilities, we appreciate and support the school construction assistance programs enacted in 2022 and request that they be consistently funded. We also support allowing all localities the option of levying a one-cent sales tax to be used for construction or renovation of school facilities. The State also should discontinue seizing dollars from the Literary Fund to help pay for teacher retirement. • We believe that unfunded liability associated with the teacher retirement plan should be a shared responsibility of state and local government. • We support legislation that 1) establishes a mechanism for local appeal to the State of the calculated Local Composite Index (LCI); and 2) amends the LCI formula to recognize the land use taxation value, rather than the true value, of real property. Environmental and Water Quality The Planning District’s member localities believe that environmental and water quality should be funded and promoted through a comprehensive approach, and address air and water quality, solid waste management, land conservation, climate change and land use policies. Such an approach requires regional cooperation due to the inter-jurisdictional nature of environmental resources, and adequate state funding to support local and regional efforts. Accordingly, we take the following positions: • We oppose legislation mandating expansion of the Chesapeake Bay Preservation Act’s coverage area. Instead, we urge the State to provide legal, financial and technical support to localities that wish to improve water quality and use other strategies that address point and non-point source pollution. We also support aggressive state investment in meeting required milestones for reducing Chesapeake Bay pollution to acceptable levels. • We support state investment targeted to permitted dischargers to upgrade treatment plants, to aid farmers with best management practices, and to retrofit developed areas. • We support continued investment in the Stormwater Local Assistance Fund to assist localities with much-needed stormwater projects and in response to any new regulatory requirements. Any such requirements should be balanced, flexible and not require waiver of stormwater charges, and training should be available for local governments to meet ongoing costs associated with local stormwater programs. • We support the option for localities, as a part of their zoning ordinances, to designate and/or reasonably restrict the land application of biosolids to specific areas within the locality. • We support legislative and regulatory action to ensure effective operation and maintenance of alternative on-site sewage systems and to increase options for localities to secure owner abatement or correction of system deficiencies. • We support dam safety regulations that do not impose unreasonable costs on dam owners whose structures meet current safety standards. • The State should be a partner with localities in water supply development and should work with and assist localities in addressing water supply issues, to include investing in regional projects. • The State should not impose a fee, tax or surcharge on water, sewer, solid waste or other local services to pay for state environmental programs. • We support local authority to address choices and impacts associated with utility-scale installation of clean energy resources. As the move to non-carbon sources of energy continues, we support the creation of stronger markets for distributed solar and authority for local governments to install small solar facilities on government-owned property and use the electricity for schools or other government-owned buildings located nearby. 4 Page 216 of 231 General Government The Planning District’s member localities believe that since so many governmental actions take place at the local level, a strong local government system is essential. Local governments must have the freedom, flexibility and tools to carry out their responsibilities. Accordingly, we take the following positions: • State policies should protect local governments’ ability to regulate businesses, to include collection and auditing of taxes, licensing and regulation, whether they are traditional, electronic, internet-based, virtual or otherwise, while encouraging a level playing field for competing services in the marketplace. • We oppose intrusive legislation involving purchasing procedures; local government authority to establish hours of work, salaries and working conditions for local employees; matters that can be adopted by resolution or ordinance; procedures for adopting ordinances; and procedures for conducting public meetings. • The state should maintain the principles of sovereign immunity for local governments and their employees, to include regional jail officers. • Localities should have maximum flexibility in providing compensation increases for state- supported local employees (including school personnel), as local governments provide significant local dollars and additional personnel beyond those funded by the State. We also support use of a notarized waiver to allow volunteer workers to state they are willing to provide volunteer services and waive any associated compensation. • We urge state funding to address shortfalls in elections administration dollars, as administration has become more complex and federal and state financial support for elections has been decreasing. Specifically, we request that the State adequately fund costs associated with voting equipment, registrar costs, early voting requirements and election security standards. • We support expanding the allowable use of electronic meetings for all local public bodies, with flexibility for public bodies to determine how to accommodate public comment and participation. Any changes to FOIA should preserve 1) a local governing body’s ability to meet in closed session; 2) the list of records currently exempt from disclosure; and 3) provisions concerning creation of customized records. • We support the use of alternatives to newspapers for publishing various legal advertisements and public notices. • We support federal and state funding for localities to acquire and maintain advanced cybersecurity to protect critical systems and sensitive data. • We support enhanced state funding for local and regional libraries. • We support expanding local authority to regulate smoking in public places. Health and Human Services The Planning District’s member localities recognize that special attention must be given to helping the disabled, the poor, the young and the elderly achieve their full potential. Transparent state policies and funding for at-risk individuals and families to access appropriate services are critical. Accordingly, we take the following positions: 5 Page 217 of 231 • We support full state funding for any local costs associated with Medicaid expansion, including local eligibility workers and case managers, but oppose any shifting of Medicaid matching requirements from the State to localities. • The State should provide sufficient funding to allow Community Services Boards to meet the challenges of providing a community-based system of care that helps divert people from needing a state hospital level of care, as well as having services such as outpatient and permanent supportive housing available. We also support measures to address census pressures at state hospitals that will enable them to receive admissions of individuals subject to temporary detention orders without delays. • We support the provision of sufficient state funding to match federal dollars for the administration of mandated services within the Department of Social Services, and to meet the staffing standards for local departments to provide services as stipulated in state law. • We support continued operation and enhancement of early intervention and prevention programs, including the Virginia Preschool Initiative and Part C of the Individuals with Disabilities Education Act (infants and toddlers). Housing The Planning District’s member localities believe every citizen should have an opportunity to afford decent, safe and sanitary housing. The State, regions and localities should work to expand and preserve the supply and improve the quality of housing that is affordable for the elderly, disabled, and low- and moderate-income households. • We support the following: 1) local authority and flexibility in the operation of housing affordability programs and establishment of affordable dwelling unit ordinances; 2) increased federal and state funding, as well as appropriate authority and incentives, to assist localities in fostering housing that is affordable; 3) grants and loans to low- or moderate-income persons to aid in purchasing dwellings; and 4) measures to prevent homelessness and to assist the chronic homeless. • We support incentives that encourage rehabilitation and preservation of historic structures. Land Use and Growth Management The Planning District’s member localities encourage the State to resist preempting or circumventing existing land use authorities, and to support local authority to plan and regulate land use. Accordingly, we take the following positions: • We support the State providing additional tools to plan and manage growth, as current land use authority often is inadequate to allow local governments to provide for balanced growth in ways that protect and improve quality of life. • We support broader impact fee authority for facilities other than roads, authority that should provide for calculating the cost of all public infrastructure, including local transportation and school construction needs caused by growth. • We support changes to provisions of the current proffer law that limit the scope of impacts that may be addressed by proffers. • We oppose legislation that would 1) restrict local oversight of the placement of various telecommunications infrastructure; 2) single out specific land uses for special treatment without 6 Page 218 of 231 regard to the impact of such uses in particular locations; and 3) exempt additional facilities serving as event spaces from building and fire code regulations. • We request state funding and incentives for localities, at their option, to acquire, preserve and maintain open space, and support greater flexibility for all localities in the preservation and management of trees. Public Safety The Planning District’s member localities encourage state financial support, cooperation and assistance for law enforcement, emergency medical care, criminal justice activities and fire services responsibilities carried out locally. Accordingly, we take the following positions: • The Compensation Board should fully fund local positions that fall under its purview, to include supporting realistic levels of staffing to enable constitutional offices to meet their responsibilities and limit the need for localities to provide additional locally-funded positions. The Compensation Board should not increase the local share of funding for Constitutional offices or divert money away from them, and localities should be afforded flexibility in the state use of state funds for compensation for these offices. • We encourage state support for paid and volunteer fire/EMS/first responders, given the ever- increasing importance they play in local communities. • We support state efforts to assist localities in recruiting and retaining law enforcement personnel. • We urge state funding of the HB 599 law enforcement program in accordance with Code of Virginia provisions. • We support adequate and necessary funding for mental health and substance abuse services at juvenile and adult detention facilities and jails. • We support legislation to help law enforcement combat the act of making a hoax call that reports an immediate threat to human life, with the intent of triggering a significant and urgent emergency response, usually involving a SWAT team (known as “swatting”). • We encourage needed funding for successful implementation of policies and programs that 1) supplement law enforcement responses to help individuals in crisis to get evaluation services and treatment; 2) provide alternative transportation options for such individuals; and 3) reduce the amount of time police officers must spend handling mental health detention orders. • In an effort to offset future surprises and to fairly share future cost increases, we support indexing jail per diem costs as a fixed percentage of the actual, statewide daily expense average, as set forth in the annual Jail Cost Report. Further, local and regional jails should have a choice as to whether they will keep state-responsible inmates in their facility after the 60-days from the date of the final sentencing order. • We support the ability of local governments to adopt policies regarding law enforcement body worn cameras that account for local needs and fiscal realities. The State should provide financial support for localities using such camera systems. Transportation The Planning District’s member localities recognize that revenues for expanding and maintaining all modes of infrastructure are critical for meeting Virginia’s well-documented transportation challenges; for attracting and retaining businesses, residents, and tourism; and for 7 Page 219 of 231 keeping pace with growing public needs and expectations. We encourage the State to prioritize funding for local and regional transportation needs. Accordingly, we take the following positions: • As the State continues to implement the “Smart Scale” prioritization and the funds distribution process, there should be state adequate funding and local authority to generate transportation dollars for important local and regional projects across modes. • We support additional authority to establish mechanisms for funding transit and non-transit projects in our region. • We support the Virginia Department of Transportation utilizing Metropolitan Planning Organizations and regional rural transportation staff to carry out local transportation studies. • We oppose attempts to transfer responsibility to counties for construction, maintenance or operation of current or new secondary roads. • We support ongoing state and local efforts to coordinate land use and transportation planning, and urge state and local officials to be mindful of various local and regional plans when conducting corridor or transportation planning within a locality or region. 8 Page 220 of 231 CHARLOTTESVILLE CITY COUNCIL TOP LEGISLATIVE PRIORITIES FOR THE 2023 REGULAR GENERAL ASSEMBLY SESSION 1. Our most important legislative priority is legislation to allow all localities the option to enact a one-cent sales tax increase to provide funding dedicated to the construction or renovation of public-school facilities. If legislation allowing all localities this option is not successful, we would also support any bill that would allow Charlottesville the option. 2. We encourage the General Assembly to authorize localities to require affordable housing set-asides for large developments. 3. We call for state legislation that will require AirBnB, VRBO, and similar short- term rental platforms to disclose information about short term rentals to local government officials, sufficient to allow local officials information necessary to verify that local taxes are being paid and local zoning ordinances are being complied with. 4. We support legislation to change the requirement that a police officer remain with someone who is the subject of an Emergency Custody Order until a bed is found for that person. This requirement is causing Police Departments to take officers off of regular patrol duties for up to 72 hours at a time when Police Departments across the Commonwealth are having trouble hiring enough officers to meet pressing needs. 5. We oppose the efforts of the natural gas industry to tie the hands of the localities in how the localities deal with gas utilities. 6. We encourage the General Assembly to amend §2.2-3711 of the Virginia Freedom of Information Act, to expressly allow police civilian oversight boards the authority to convene within closed meetings, to protect the privacy of complainants and to deliberate on police officer personnel and disciplinary matters. 7. We support removing barriers for localities seeking to participate in net and virtual net metering through the state's existing municipal net metering pilot program allowing for eligibility of facilities installed and operated pursuant to power purchase agreements (PPAs) and raising or removing system size limits that are inconsistent with state's net metering provisions. 8. Medicaid reimbursement rates – particularly for mental health services – must be significantly increased. 9. We support legislation to abolish the designation of “single-family” zoning areas throughout the Commonwealth. Policies encouraging “inclusionary zoning” would allow for more affordable housing and create more diverse communities. Page 221 of 231 CHARLOTTESVILLE CITY COUNCIL STATEMENT OF LEGISLATIVE POSITIONS FOR THE 2023 REGULAR GENERAL ASSEMBLY SESSION This statement is organized by subject areas, but to make it clear which issues we feel are most important for this legislative session, we have placed those paragraphs in bold-faced type. A. Children’s Education, Services and Programs 1. Our most important legislative priority is legislation to allow all localities the option of enacting a one-cent sales tax increase to provide local revenue to be used for construction or renovation of public-school facilities. Currently, only a few localities have been designated as “qualifying localities” under the provisions of Va. Code §§58.1-602, 58.1-605.1, and 58.1-606.1 to raise revenue in this manner, yet the need for this additional revenue source extends beyond those few localities that have it. If legislation allowing all localities this option is not successful, we would also support any bill that would allow Charlottesville the option. 2. We endorse state funding provided to support implementation by local school divisions of extended school day/extended school year programs and encourage continuation of these dollars. 3. We support changing the education funding formula (“Local Composite Index”) to take poverty within each locality’s jurisdiction into account. 4. We support the state authorizing local school divisions to construct housing for teachers on school-board- owned, or local-government-owned property. 5. We support expansion of preschool and after-school programs for children with working parents, the provision of subsidies for low-income families, and the allocation of state grant money to businesses that institute childcare or other family support programs within the workplace. 6. We oppose state efforts to limit local authority over management of local school districts; to efforts to reduce or divert state funds and resources intended for local public schools to fund charter, college partnership laboratory schools, or other state initiatives; or to efforts to increase state government initiatives that adversely affect the needs of existing public school systems. 7. We support the school construction grant program, and we believe it should be consistently funded. Until revenue from the Gaming Proceeds Fund is sufficient to significantly help communities pay for school construction or renovation needs, the state should continue to use general funds to fill in the gap. 1 Page 222 of 231 B. Affordable Housing; Regulation of Development Local Authority over Local Real Estate 1. We encourage the General Assembly to authorize localities to require affordable housing set-asides for large developments. In localities where there is an affordable housing crisis, market forces are not delivering new affordable units, and the over-complexity of the density bonus provisions within Virginia Code § 15.2-2305 make that statute difficult to interpret and apply. 2. We call for state legislation that will require AirBnB, VRBO, and similar short-term rental platforms to disclose information about short term rentals to local government officials, sufficient to allow local officials information necessary to verify that local taxes are being paid and local zoning ordinances are being complied with. 3. We support any legislative action that would allow localities greater flexibility in (i) the range of methods that may be applied to implement local affordable housing programs, and (ii) the use of public funding for the promotion and establishment of affordable housing. 4. We support establishment of a statewide rental assistance voucher program, calibrated to fit regional housing markets, and funded through the state Housing Trust Fund and/or Communities of Opportunity Tax Credit and Vibrant Community Initiative administered by VHDA. 5. The state should enhance funding for affordable homeownership grants and loans, through the Virginia Housing Development Authority. For public universities, the state should provide funding for housing assistance for university employees who earn less than 60% AMI. 6. We oppose any legislative action that would limit our local authority to regulate the nature and intensity of specific uses of land, in relation to their location(s) within our city; we oppose any legislation that would single out specific land uses for special treatment throughout the Commonwealth without regard to the impact of such land uses in particular locations. C. Environment Water Quality/ Stormwater Management Positions: Background: The City of Charlottesville is committed to a Water Resources Protection Program that prioritizes compliance, flooding and draining improvements, water quality, and stewardship. 1. The state should maintain at least the $50M Stormwater Local Assistance Fund (SLAF) appropriation that provides matching grants to localities for stormwater management projects and best management practices. 2. We support adequate state funding and training, as well as an expansion of allowable stormwater management “best practices,” that would enable the State and local governments to meet total maximum daily load (TMDL) nutrient and sediment reduction requirements, and ongoing costs associated with local stormwater management programs that became effective in 2014. 2 Page 223 of 231 3. We oppose any legislation that would require a locality to waive stormwater utility fees, or to exempt railroad companies or other entities from the requirement to pay local Stormwater utility fees--all landowners should be required to share in the cost of stormwater utility programs. 4. We support allocation of the mandated Water Quality Improvement Fund deposit (approximately $131.0 million in Fiscal Year 2023) for wastewater infrastructure projects. Chesapeake Bay Preservation Act Positions The City of Charlottesville does not oppose expansion of the CBPA beyond its current tidal river boundaries. In this regard, our position differs from TJPD position. Clean Energy Positions: Background: The City of Charlottesville is committed to reducing its community-wide greenhouse gas (GHG) emissions associated with energy use. This has been formalized in the recent adoption of updated GHG reduction goals for 45% reduction by 2035 and carbon neutrality by 2050. Increasing the availability of financial resources, including grant programs and incentives, to a broader range of community members is one key to our success. 1. We oppose any legislation to repeal or weaken any policies that promote carbon-free power generation, including the Clean Energy and Community Flood Preparedness Act and the Virginia Clean Economy Act. 2. We oppose any regulatory or legislative effort to withdraw from the Regional Greenhouse Gas Initiative (RGGI). 3. We oppose the efforts of the natural gas industry to tie the hands of the localities in how the localities deal with gas utilities. 4. We encourage our representatives to endorse policies, legislation, funding, and data sharing proposals that reduce greenhouse gas emissions as well as support energy efficiency, renewable energy use, equity, and job creation. Energy Efficiency: 1. We support energy efficiency programs and policies that will address disproportionate utility cost burdens on low- and moderate-income citizens. Renewable Energy: 1. We support removing barriers for localities seeking to participate in net and virtual net metering through the state’s existing municipal net metering pilot program allowing for eligibility of facilities installed and operated pursuant to power purchase agreements (PPAs) and raising or removing system size limits that are inconsistent with state’s net metering provisions. 2. We support distributed solar support through incentives such as tax credits, rebates, and/or low-interest loans, and financing aimed at a broader population (including those that currently lack access to cost- 3 Page 224 of 231 effective financing tools); and ensure these incentives reach members of low-income communities and people of color. 3. We support expanding the availability of the shared solar programs by increasing or eliminating program caps, ensuring the equity component is maintained, establishing customer safeguards, and ensuring that public entities can realize savings from shared solar. 4. We support solar-plus-storage support for buildings that can serve as resilience hubs for communities, especially those in low-income areas, during storm events and other widespread grid outages. Buildings: 1. We support public benchmarking and disclosure of adherence to an energy performance standard. 2. We support giving localities the authority to require commercial building energy benchmarking. 3. We support an energy data-sharing standard to support the development and targeting of energy improvement programs. 4. We support legislative or regulatory initiatives to allow the state to adopt residential and commercial building codes that meet or exceed the latest national and international standards. 5. We support giving localities the authority to require greater energy efficiency (stretch codes) within their jurisdictions. Vehicles and Transportation: 1. We support state incentives to speed the adoption of electric vehicles -- enabling tax benefit powers for localities, authorizing localities to incentivize the installation of EV charging facilities at residential and commercial locations, and amending statewide building codes to ensure that residential, office, and retail development have “EV ready” wiring. 2. We support funding of the EV rebate program that was established in 2021. 3. We support state funding to support localities in their efforts to electrify their fleets. 4. We support participating in the Transportation and Climate Initiative to build on the RGGI program model of establishing a funding source to support emission reduction in the transportation sector. 5. We support proposals for state cost-share funding for public transit and school buses to include a zero emission bus (ZEB) comparison analysis. Landfill Diversion Positions: 1. We support moving toward an extended producer responsibility (EPR) approach to address difficult-to-handle products and packaging in the Commonwealth. This would establish legislative or regulatory criteria for the inclusion of specific products and/or packaging in the Commonwealth’s EPR program. A framework EPR approach would better keep pace with the evolving products and packaging in the marketplace in Virginia, reduces waste, 4 Page 225 of 231 supports a recovery and circular economy, and distributes the burden of disposal and recycling on those responsible for the manufacture, distribution and use of these products. 2. We support giving localities the authority to prohibit yard waste and brush from municipal solid waste (landfill) collection. D. Transportation We urge legislators to increase state funding: 1. For public transit and transit planning, to leverage local investments in public transit and infrastructure that accommodates walking and cycling, as well as automobile travel, for the expansion and maintenance of all modes of our transportation infrastructure; 2. For important local and regional Smart Scale projects, including those that promote walking and cycling as viable modes of transportation for commuting (not just recreation) and as a key strategy related to GHG reduction goals. We also support the establishment of a “Smart Scale-type” prioritization for rail and transit projects; 3. For lane-mileage rates for funding of local street maintenance (primary/urban funds); and 4. For passenger rail projects and intercity transit connecting communities across the Commonwealth. We ask that the manner in which transportation funding is provided be modified to allow localities flexibility to apply transportation funding in a manner that they deem most beneficial to their own communities. Localities should have the right to determine whether allocations of state funding should be spent for maintenance of existing streets or for new construction. We also support the state applying equal weight to projects that enhance bicycle and pedestrian mobility as well as public transit systems in determining Smart Scale funding priorities. E. Criminal Justice Reform 1. The State should increase funding to the Virginia Juvenile Community Crime Control Act (VJCCCA) program, which has demonstrated effectiveness in substantially reducing the number of juvenile justice commitments over the past decade. 2. The State should end mandatory minimum sentencing. 3. The State should revisit Virginia’s policies on parole and decriminalize offenses that do not threaten public safety. Additional funding should be provided to support diversion programs (such as rehabilitative and educational programs) as alternatives to prison for first time offenses, especially for women. 4. The State should repeal all laws that automatically exclude individuals with criminal convictions from public benefits, housing, driver’s licenses, civic participation (voting), and educational and employment opportunities. 5. We encourage legislation that would allow restricted driver licenses to be issued for as long as a court deems appropriate, and to allow courts to issue restricted licenses when necessary to facilitate the employment, or continued employment of an individual who is otherwise subject to revocation of his or her driver license. 5 Page 226 of 231 6. We encourage legislation designed to assist individuals released from incarceration acquire employment, educational programming, mental health counseling, and reliable housing. 7. We support funding for organizations seeking to assist those recently released from incarceration and understand that providing support for these individuals will reduce recidivism and homelessness, lower reincarceration costs, and create better outcomes for families and communities throughout the Commonwealth. F. Policing; Public Safety 1. We encourage the General Assembly to amend §2.2-3711 of the Virginia Freedom of Information Act, to expressly allow police civilian oversight boards the authority to convene within closed meetings, to protect the privacy of complainants and to deliberate on police officer personnel and disciplinary matters. 2. The state should provide funding for the following: 1) community policing initiatives, including housing assistance payments for local police officers who live within the communities they serve; 2) recruitment of women and minorities into professional policing careers; 3) continued training and implementation of uniform, DCJS-approved best practices for crowd management at civil disturbances, especially for urban police departments; and 4) implementation of 21st century policing strategies in all aspects of management and operations of urban police departments. 3. We encourage the General Assembly to authorize local law enforcement agencies within urban areas to utilize photo-speed-monitoring devices in school zones and on residential streets. Such devices have been in use within DC and Maryland for years, and state police are now authorized to use them. These devices would enhance safety within urban jurisdictions. 4. We encourage the General Assembly to allocate appropriate funds to develop and promote the Marcus Alert Plan, allowing for mental health professionals to respond to emergency calls based on behavioral health crises, with the eventual goal of providing mobile crises services and stabilization services state- wide. This plan promotes public safety and decriminalizes mental health crises, while reducing arrests and stigmas surrounding mental health, by prioritizing de-escalation and non-lethal force. 5. We urge the General Assembly to dedicate near-term financial state support to assist communities with the upfront, pre-implementation administrative, health, and public safety costs incurred prior to the start of legal sales in localities. This includes training for local law enforcement, and other applicable local government personnel (taxation, code enforcement, zoning, etc.) on the new law and regulations. 6. We urge the Cannabis Control Authority to begin its work as soon as possible to fill the regulatory vacuum. This work must include participation by local governments to clarify state and local roles and responsibilities pertaining to marijuana rules and regulations, including but not limited to, establishing enforcement guidance and training standards, guidance for marijuana equivalents, and eliminating ambiguity from local authority. We also ask for either legislative or regulatory action to determine how to safely regulate the purity, dosage, additives/ingredients, sales locations, taxation, and other issues related to consumer protection. 6 Page 227 of 231 7. We support legislation that makes it a crime to make a hoax communication to 9-1-1 (or to a private citizen, who then communicates the false information to 9-1-1) regarding an immediate threat to human life with the intent of triggering an immediate and significant law enforcement response, usually involving a SWAT team (thereby known as “swatting”). 8. We support legislation to change the requirement that a police officer remain with someone who is the subject of an Emergency Custody Order until a bed is found for that person. This requirement is causing Police Departments to take officers off of regular patrol duties for up to 72 hours at a time when Police Departments across the Commonwealth are having trouble hiring enough officers to meet pressing needs. G. Local Firearms Regulation 1. We support the General Assembly’s efforts to comprehensively reform Virginia’s gun control laws. We support implementation of the Report and Policy Recommendations of the Safe Virginia Initiative (2019), including raising the minimum age required to purchase a firearm to 21, requiring universal background checks, and closing known loopholes in the background check process. H. Public Service Corporations 1. We oppose any legislative action that would further expand the ability of telecommunications companies or other entities to install new above-ground poles or other support structures in City rights-of-way, on terms or conditions mandated by state law. 2. We support doubling the scope of Dominion Virginia Power’s Pilot Program for Undergrounding Utility lines and the utility entering into cost share agreements with local governments for undergrounding lines or “open ditch” policies allowing the burial of power lines either within or adjacent to a public Right of Way (ROW). Dominion also should be allowed to impose a surcharge on affected customers, if undergrounding is requested by a locality, to coincide with local projects removing and replacing natural gas, water, and sewer lines within a public ROW. I. Procurement 1. We oppose legislative action that would restrict our ability to make local procurement decisions that are best for the citizens we serve. Any erosion of local authority to implement the policies of the Virginia Public Procurement Act, through means tailored at the local level to assure acquisition of the best goods and services at the most competitive rates, is contrary to fiscal responsibility objectives. 2. We support legislation that would authorize use of preferences by public bodies in awarding contracts to persons, firms, or corporations having principal places of business in the locality in which the procuring public body is located (“local preference”). 3. We support allowing localities the ability to procure goods and service by competitive negotiation (instead of using the lowest-responsible-bid process), in situations where job creation and tax base expansion would be part of a “best value” analysis of competitive proposals. 4. We believe the state should review the SWAM certification program, to ensure greater participation by businesses within each locality, and to make it easier for localities to hire local, small, women-owned and minority-owned businesses within local procurement processes. 7 Page 228 of 231 J. Budget, Revenues and Taxation We believe the process for evaluating local fiscal impacts of proposed legislation should be improved. Actions that would impose additional administrative burdens on local governments without sufficient financial resources or administrative flexibility will jeopardize the quality of services delivered at the local level and will ultimately jeopardize the potential success of state programs and initiatives. 1. We oppose any shift of the cost(s) of state programs to localities. 2. We oppose any legislative or budgetary action that would remove or reduce any existing sources of state and local funding (e.g., HB599 funding for law enforcement; diversion of fines, fees and forfeitures relating to violations of local ordinances; etc.). 3. Medicaid reimbursement rates – particularly for mental health services – must be significantly increased. 4. We support the return of Medicaid to the Single Payer state-run system. The current privatization model has failed our citizens by denying services and delaying payments to the point that providers can not afford to offer services to Medicaid patients anymore. 5. We support the continued expansion of Peer Support Services to be used in mental health recovery. 6. We oppose state cuts to education funding. 7. We support expanded funding for programs such as tuition remission at community colleges, and childcare and transportation assistance that support workers seeking to upgrade their skills or change careers due to layoffs or other job losses. 8. The state should direct a study of the effectiveness of state income tax and fee structures in terms of progressivity and capacity to meet growing public needs. The study should include the effectiveness of local real estate taxation and give consideration to enabling legislation for localities to enact more progressive local real estate taxes. 9. The state also should expand funding to support programs (such as tuition remission at community colleges, and childcare and transportation assistance) that support workers seeking to upgrade their skills or change careers due to layoffs or other job losses. 10. We oppose any state legislation that would single out any internet-based businesses and services for special treatment for purposes of local taxation, licensing and regulation. We request our legislators to protect our local ability to regulate businesses on a level playing field, whether they are traditional, electronic, internet-based, virtual, or otherwise. Creating a level playing field for competition among businesses offering goods and services is the best way to ensure safety, reliability, and fair access to goods and services for consumers. The state should not carve out exceptions to business licensing, or local taxes, for special interest groups; in doing so, state legislators would harm traditional local businesses and deprive local governments of stable and reliable sources of revenue. 11. Please support legislation to amend Virginia Code §15.2-1414.6 to remove the limitation on annual salaries for city councils. City councils in Virginia should be permitted to establish the annual salaries for 8 Page 229 of 231 councilors at the local level; each locality’s needs are unique and maximum compensation should be a local decision, based on the will of the electorate and the financial resources of a locality. 12. We support legislation to abolish the grocery tax, but only if such legislation provides a manner to offset any revenue lost with a more progressive/equitable taxation scheme, which more properly places the taxation burden on those who can afford to pay. 13. We support sufficient and sustained state funding and technical assistance for community services boards and behavioral health authorities to implement STEP-VA requirements and to support the planning and implementation of Marcus Alert protocols. This funding should not come at the expense of other community-based service initiatives and requirements; nor should the burden of funding these state initiatives be shifted to local governments. 14. Federal ARPA funds and robust state revenues offer an opportunity for the state to make new investments in the community and in the state hospitals. 15. Investments must go to both build the network of community-based services and assist state hospitals with their vital mission. This cannot be a zero-sum funding situation where one part of the system benefits at the expense of the other part of the system. 16. We request that the Code of Virginia be amended to require that jail per diem rates for all offenders held in a local or regional jail, including those awaiting sentencing or serving sentences in those facilities (tier I) and offenders required under the Code of Virginia to be moved to the Department of Corrections (tier II) be regularly adjusted for inflation in line with the Consumer Price Index so that per diem payments keep pace with actual costs, such as is done with other areas of the budget (e.g., Standards of Quality). 17. Local and regional jails should have a choice as to whether they will keep state-responsible inmates (tier II) in their facility after the 60-days from the date of the final sentencing order. Willing facilities may contract with the state to keep such inmates past the 60-day period; those jails unable to keep state- responsible inmates due to space or resource limitations should not be compelled to keep state inmates past the 60-day period. 18. We support statewide authority for local governments to establish an excise tax on the sale of vaping products. We also support the statewide authority for local governments to establish an excise tax on the sale of cannabis products. 19. If the state is going to regulate businesses that use a business model that emphasizes the use of the internet to either provide retail, facilities, or ride-sharing services, the state must acknowledge local government interests and must include local governments in the decision-making. State and local policies should encourage a level playing field for competing services in the market place; should not provide a tax preference or tax policy advantage for one group at the expense of another group in the competitive field; should seek to preserve state and local revenue; ensure safety, reliability, and access for consumers, providers, and the public; and should protect local government’s ability to regulate businesses whether they are traditional, electronic, internet-based, virtual, or otherwise. We also believe that the state should not prohibit the sharing of financial information between the Commonwealth and appropriate local authorities that is normally treated as a part of the public domain. We further believe that the state should not prohibit a locality from exercising its authority to enter into voluntary collection agreements provided that such agreements include provisions to protect the public’s interest. 9 Page 230 of 231 K. Prosperity, Health, and Well-Being 1. We support budgetary and legislative initiatives that will increase access to health care for all Virginia residents and that will reduce the cost of health care—including reduction of insurance premiums. 2. We encourage the Commonwealth to raise the minimum wage to $15 per hour more quickly than the current law, which provides that the minimum wage will increase to $15 per hour in 2026. As part of raising the minimum wage, we encourage the State to provide funding for childcare assistance if federal income-eligibility thresholds are exceeded due to a household member making $15 per hour. 3. The State should provide financial incentives for the establishment of grocery stores in “food desert” areas. L. Diversity, Equity, and Civil Rights 1. We support legislation to abolish the designation of “single-family” zoning areas throughout the Commonwealth. Such zoning inhibits the efficient use of urban land, encourages urban sprawl, and further exacerbates housing inequality. Policies encouraging “inclusionary zoning” would allow for more affordable housing and create more diverse communities. 2. We support legislative action that creates a right to counsel for tenants in eviction proceedings, by ensuring that all tenants who receive public assistance, or have incomes at or below 200% of the federal poverty level, have access to public attorneys at no cost. Such legislation would create a statewide right to counsel or would authorize localities to fund programs intended to provide counsel to low-income litigants in eviction matters. Adopting such legislation would reduce homelessness, protect tenants’ rights, and fight to combat systemic inequalities in housing. 3. We encourage the General Assembly to adopt changes in housing law that will promote and advance tenants’ rights, including requiring just cause for evictions, and policies that can make housing more affordable for low and middle-income residents. 10 Page 231 of 231