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MARCH 3, 2020 FORMAL SESSION MINUTES
4 C� a Vti 5k 3-s1 ao-ti.-- d`o to di e.'4 ;'9* ygc�� ,a e VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia March 3, 2020 Mayor Robert M. Dyer called to order the CITY COUNCIL'S BRIEFING in the City Council Chamber, City Hall, Tuesday,March 3, 2020, at 1:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: John D. Moss—Arrived at 1:29 P.M 2 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 1:03 P.M. Mayor Dyer welcomed Robby Wells, Chief Strategy Officer — i am OTHER. Mr. Wells expressed his appreciation to City Council for their continued support: wa , „_ ' �-' rJ v SOMETHI IN THE WATER ,` A GLOBAL f LSTIVAL IN VIOL MIA BEACH �! f- it17- y irT7 March 3, 2020 3 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) Here is Mr. Pharrell Williams' "A Vision for the Future": A VISION FOR THE FUTURE SITW HAS NEVER BEEN ABOUT ME.I'VE ALWAYS BEEN INSPIRED BY MY HOMETOWN AND ITS POTENTIAL. SITW IS A CHANCE FOR US TO SHINE A BRIGHT LIGHT ON THE WHAT IS BEST ABOUT US AND CREATE A NEW NARRATIVE. AUSTIN,NASHVILLE,AND OTHERS HAVE KNOWN THIS FOR YEARS.THEY CELEBRATE AND INVEST IN THEIR CULTURE.CITIZENS BENEFIT-THEY STAY. TOURISM BENEFITS-PEOPLE VISIT.CORPORATIONS TAKE NOTICE it i; -THESE CITIES GROW AND THEY GROW FAST. r ilk BUT THE BRIDGE TO OUR FUTURE IS CLEAR,IT'S OUR YOUNG PEOPLE.SITW IS A PLATFORM TO LET OUR YOUTH SHOW US THE POWER OF CULTURE AND WHAT INCLUSIVITY REALLY IS.THE WORLD'S LARGEST CORPORATIONS NOT ONLY HELP MAKE SITW POSSIBLE,BUT WILL SEE VIRGINIA BEACH WITH NEW SET OF EYES.GLOBAL MEDIA OUTLETS WILL WRITE ABOUT US WITH 1i • FRESH INK.OUR PEOPLE WILL FEEL UPLIFTED AND SEEN IN WAYS THEY'VE NEVER FELT BEFORE.THIS IS OUR FUTURE. IF u 4 1 NI The Something in the Water(SITW)Festival is viewed as a cultural investment: - 171A r , r • 1 r7 March 3, 2020 4 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) Below are pictures taken at the Seatack Elementary School community garden event held during SITW 2019: sw INC' COM ITYt ;,; giFESTIVAL March 3, 2020 5 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) The next several slides provide a summary of SITW 2019: 9 2019 WE NAD CLEAR OBJECTIVES AND .;\.--3,413; } ASTRONGPOV , *El"' - 2019 OBJECTIVES _ TO SHINE A LIGHT ON THE THAT ABUNDANTLY VIBRATES IN VIRGINIA BEACH iz March 3, 2020 6 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) 2019 OBJECTIVES BRING THE BEST OF THE WORLD TO VIRGINIA BEACH BEAUTIFULLY NAIVE WE INSPIRED & F ,...., CZ 4 EMPOWERED A C MUNIT lit 1 as 1 T = .,,. ; w March 3, 2020 7 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 e, DEFIED (Continued) AND WE a d 6 53 e. a 9 EXPECTATIONS ,,,, , _ . ; _ . _ .,„:„.., ............_ _...aa 'T" _ e'er-- Ticket sales were estimated not to exceed 15,000; however, 38,000 tickets were sold: f 3414 40 21 - DAYS CONVERSATIONS Ii MUSIC ACTS PARTNERS iC-"IltASH.0 A' \ ,r, A - a iligir---1' .. 38K 56.1MJ1.2M COUNTLESS ATTENDEES SITW CHANNE EXPRESSIONS iRANSFORMA7IVE IMPRESSIONS' VIBRATIONS March 3, 2020 8 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) SITW 2019 was "GLOBALLY RELEVANT": ith massive Virginia Beac ,.„ _ _._ -`'`F estival, Pharrell Williams says Pharrell Brought Out Every Rapper Ever is hometown is"open ,' }-His Something in the Water Set :... ; _- 'V mode Bust&Snoop!Mon!Tm,l a.d! LOCALS ONLY BECAME x ' G. a GLOBALLY RELEVANT w _ _ , , „, ,. .....„: , ,, ..,... ..._ to TOGETHER WE e� Fes; 3i .,,,,,,. 7 _,, SHOWED UP . BRANDS - { ARTISTS YOUTH COMMUNITY CREATIVES 0, , A... . . .. ,,,, ,, March 3, 2020 9 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) _-,i its.. ,. 4914., , , __,. •--,=_:..:----4r,..ua,„- , THE ANTIDOTE WAS ` , ` y` „, GOODWILL ,,,,, .. ._,.,;__,. . ,,_: IT FUELED US. SITW CHALLENGED EVERYONE TO SEE WITH NEW EYES. HEAR WITH NEW EARS AND SIMPLY SHOW UP LIKE NEVER BEFORE. • �; 6 1 - y } . [qDS E ` rDS e = _ -A_ .- 1., -lo -. � 1[ 5� ;a DOZENS OF VIRGINIA BEACH SCHOOL BUSES LINED UP TO SHUTTLE • =" ATTENDEES TO REMOTE PARKING LOTS S t - ,� , March 3, 2020 10 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) ',. 2i-fWP. %.***:::".....< :�2 vG ..,, ,, , , . ‘, i._,,, ....,..,,....,. ei,:. , , ‘ ,_ ,,.... .0., ,,,,,,,,,,_,3, ,, _.., , ir -.I.," .1 ,.• , 4,. , ..=... _._ err* „..-.!."41111-, FOR A VARIETY OF DENOMINATIONS,THE POP-UP CHURCH SERVICES WAS A HIGHLIGHT-2 DOZEN CONGREGATIONS&SOME OF THE COUNTRY'S LEADING GOSPEL ARTISTS WORSHIPPED TOGETHER. ?)d_S L# W' f t-, _ ," 1E: S .. ,: .40 ` ` i` r1u \Ats S ‘.3'IL?.] n: .S a THIS MAN CONVERTED HIS FESTIVAL WRISTBAND TO A FUNCTIONAL BRACELET SO HE CAN 'KEEP THE FESTIVAL FEELING"WITH HIM A'A : "M'F'S. i A - H .. i t March 3, 2020 11 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) �• 44 I . , This year's SITW will focus on more goodwill efforts: AT SITW 290E WILL • .\440 SU PER F GOODWILL March 3, 2020 12 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) 2020 EXPANSION MORE STAGES ATTENDEES, Ta q COMMUNI1'YIMPACT ig _; EVERGREEN ENDEAVORS TRANSFORMATIONAL PROGRAMMING There will be five (5) days dedicated to education on the topics below: MONDAY - FRIDAY V5AHAY SLISDAP H iAF AA `H u P55AY 1F1 _ - . EARTH & INNOVATION W SSIE CAREER s TECH DAY FOOD AY WORKSHOPS TALKS LABS OFFICE HOURS AEYKO?t March 3, 2020 13 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) MONDAY-FRIDAY AN HOMAGE TO EDUCATION FREE TO THE COMMUNITY VB SCHOOLS + UNIVERSITIES NATIONAL + LOCALS $` stir THE FUTURE OF SITW )\ if/ The next several slides provide an overview of each event: MONDAY,APRIL 20t^ MENTANMAL[VuNMEIN HEALTH mutant' WORKSHOPS W/ EARTH & U S WELCOME EVENT rARAJi P.NEN60N CLIMATE A OCEANS MUSE Of FOOD A DAY FOCUSED ON PNILLIPE COUSTEAU NINSAL MUSK•CNU IMPORTANT CONVERSATIONS ON HEALTH,WELLNESS& NET WELL SOON PRtstNTATIorFROM HUMANITY ING GOOD TO40$ SELF-CARE SANCTVARTr OURSELVES,TACH OTHER AV 111 THE PLANET. CLIMATE CHANGE NETWORKING EVENT TIMBALAND'S LIFE TRANSFORMATION MARATHON BOOK CLUB MORE TO BE fr._ ANNOUNCED March 3, 2020 14 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) CONSCIOUS TUESDAY,APRIL 215T 40 PARENTING INNOVATION NASA EXPERIENCE W DR SNEFALI 11 8, TECH COMPETITIONSITW PITCH IDDRYS SANDY STARTING A TECH CODING CLASS W/ COMPANY A DAY DEDICATED TO PROBLEM KAW MASSY SOLVING AND PROGRESS-WE AMERICAN WILL BRING TOGETHER INNOVATION NOTABLE LEADERS FROM THE MASTERCLASS «TVOEEAa MAT WORLD OF INNOVATION&TECH LIVE W/ TO ENGAGE IN IMPORTANT 1 N[IL DIGRASSE T. S[TYSON TONY HAWK CONVERSATIONS WITH •SHEILA E. SKATE EVENT LEADERS FROM THE 757. MORE TO BE ANNOUNCED WEDNESDAY,APRIL 22M0 WOMEN'S DAY OLYMPIANS GEM NEXT SPEAKERS: IN FASHION A DAY OF WOMEN'S INTERESTS, nN.CARE SUMMIT ISSUES A OPPORTUNITIES. RAISE WEDNESDAY IS A DAY OF - WOMEN IN VENTURE NSPIRATION.A DAY OF do CONVERSATION: *KELIALITY AND EMPOWERMENT. vild 0 WRITING 11 DREAM JOB PANEL - 1- WORKSHOP It T ":,.t,r*...'N.Ns � t. 111 NASA EARTH DAY {' VOTING/CENSUS uuY W,STACEY LIVE PODCAST - -. - ABRAMS&GUESTS , i,. ADDITIONAL . k _ HUSTLE&GLOW INN SPEAKERS TBA RY CULTURE CAUCUS March 3, 2020 15 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) THURSDAY,APRIL 23R' STAND UP COMFY OW FOOD & WINE JEAN `ERT OWN WE HEAD TO THE VIBE DISTRICT NEAMKOBUS FORA CELEBRATION OF THE LIVE MUSIC CULINARY ARTS. PHARRELL IS CMS/ BRINGING TOP CHEFS FROM CEDRIC BOYLET J AROUND THE WORLD TO COLLABORATE WITH THE BEST, CHEF BRIGHTEST 8 FUTURE CHEFS OF ART SMITH VIRGINIA BEACH. THE SEATACK s GARDEN IMPACT y/ ►,, RESTAURANT �, COLLABORATIONS ADDITIONAL f.,7\0*-- , CHEFS TBA ' - - • ea; rIt1NN. FRIDAY,APRIL 24T" B E__�i�-' _imp CAREER DAY ; N Atuu azP uy zorzNa c MONEY MATTERS ` IN CONVERSATION FINANCIAL BASICS HIGHLIGHTING CAREER CHOICES IN THE 77,WE'LL DELIVER A _ MARCUS GRAHAM CAREER HALF DAY OF CAREER ADVICE PROJECT COACHING AND GUIDANCE AND A CHANC MR\ ' a X) TO MEET REGIONAL EMPLOYCR FINANCE - CAREERS [I` MORE TO CONE I 7 JOB FAIR March 3, 2020 16 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) The last three(3)days will include Music, Brands and Pop-Up Church: FRIDAY - SUNDAY %I ' , MV F,C) RANDS I POP-VP CHURCH •R Here is a comparison of Sponsors: SPONSORS 2019 2020 21 BRANDS 34 BRANDS 3 FORTUNE 100 7 FORTUNE 100 2 NON-USA BASED 4 NON-USA BASED March 3, 2020 17 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) Here are the Media Outlets confirmed with 50+others in attendance: I - ; ; LETS G D RHI AMERICA ASSOCIATED PRESS, FAST COMPANY, FORBES, N O 1olO N, WALL STREET JOURNAL, GQ, ADWEEK, VOGUE, ROLLING STON BILLBOARD,VICE, VIBE, THE FADER, & MORE TB 50+ OTI40111‘1011 Alkk\ I i (7. 1 March 3, 2020 18 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) Here is the schedule of events for the first South by Southwest(SXSW)held in 1987: MOM UARCH 13 I9Dm Mta A.sat.avow*s 36,•rn,y, '1I Y.MA- I 9rnepm t,1. sCom s2w 6 ea, p,r2,aoc w tm ,, 30 ond.lP>tdblgvt U0,2.2�1.112_.. NOM MARCH' 11W,byte.meet..9 8:>cv9 r221.022 II 20n 21famV VOW 22,3222 eg.-Trn mstC sr.::. a The first SXSW was held over a three (3)-day period and sold 700 tickets: SXSW 150 Passes sold in advance AUSTIN.TEXAS '.IARCH 13-15.1987 2ti,-;:22 Eventually 700 sold Economic Impact: 1_('Y)_/ i March 3, 2020 19 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) In 2019, the SXSW was held over a ten (10)-day period and sold 225,000 tickets: • ' ' 225,000 passes sold 1,!�♦ 20 (400K+ attendance) � 19 MARCH 8-17,2019 I AUSTSN,T,-;:. Music 10 Days Interactive Film MoreComedy Economic Impact: $355.9M* The economic impact SXSW has on the City of Austin is equivalent to hosting the Super Bowl every year: "SXSW IS A QUINTESSENTIAL AUSTIN STORY. STARTING AS A MUSIC FESTIVAL, THEN EXPANDING TO INCLUDE FILM AND EVOLVING FURTHER TO COVER INTERACTIVE TECHNOLOGY, AS WELL AS EDUCATION AND GAMING... I . • • . PAR WITH HOSTING THE SUPER BOWL EVERY YEAR _ _ ► _ ► - ► _ :-: • i •." -AUSTIN MAYOR STEVE ADLER March 3, 2020 20 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) "SO FAR, WE'VE SEEN THE GROWTH OF SXSW , •• ; ; _ , • •r • ; • ►''1111:r1:l-40a•1711I: Sh11:I */•) 1.0IN THE CITY." -MICHAEL SURY, FINANCE LECTURER AT THE UNIVERSITY OF TEXAS "CLEARLY, IT HAS HELPED CREATE A GLOBAL RECOGNITION OF WHAT HAPPENS DURING [SXSW] INTERACTIVE. A LOT OF THE SPEAKERS DRAW INTEREST, AND BECAUSE IT'S BYLINED IN AUSTIN IT ALSO HELPS US WITH THE MEDIA RECOGNITION THAT WE COULDN'T AFFORD TO PURCHASE. MEMO HAPPENING IN AUSTIN, AT LEAST PERCEPTION-WISE, CAUSED THE CITY TO BE A PLACE THAT COMPANIES LOOKED AT. ' -MIKE ROLLINS,AUSTIN CHAMBER OF COMMERCE PRESIDENT March 3, 2020 21 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) maro$41 000 000 VALUE OF MEDIA IMPRESSIONS SITW GENERATED FOR VIRGINIA BEACH IN YEAR 1 IN 2020,WE'VE ADDED 4.5 DAYS AND DOZENS OF NON-MUSIC PARTNERS,PERSONALITIES& :1 I 'I_\21t'J47f_T•LII Here is the Annualized Percent Change in Employment, 2009-2019 for major Metropolitan Areas with Population between 1 and 4 Million showing Hampton Roads at 0.2%: ANNUALIZED PERCENT CHANGE IN EMPLOYMENT, 2009-2019 5, 1.1% `,s'¢'a 1 m3yPt.,, g.,f, +,`f ,� a 41 r r ►ara+tm%,a.wM h�uYtlen Moon 1 a.•rwr Saw..HREOA March 3, 2020 22 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) NOW IMAGINE. . . ANNUALIZED PERCENT CHANGE IN EMPLOYMENT, 2009-2019 111111111111 ih . .s. um , IT klempalol mod' `�J. `r d`C!' Js a si f ./'Fi �./' .�%I'. ,� f �.f.t•�'tJ •sd.�n' f ,v Min r h/rIMr Mom I W Mir March 3, 2020 23 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) ANNUALIZED PERCENT CHANGE IN EMPLOYMENT, 2009-2019 • eta 1IIIIIIIIllIiIIiiiiT MMrppW,t.,Iota.ann bpnatan aetreen t And M44bp ANNUALIZED PERCENT CHANGE IN EMPLOYMENT, 2009-2019 IIIIIIII p,,."�afi �'J �.t a3 �.'°a`s•J�` caF�a,f".l sa•dY 3"`.i'd`�RYIad°`. ',.�`o- fd`�I'a� .fi �'f� 'r`��F Melrwatan Arms IMO PopaiMio.aalwean I and MOW March 3, 2020 24 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) THAT'S WHAT WE IMAGINE FOR VIRGINIA BEACH . AND THESE FOLKS DO AS WELL. . . / fill : 4 pr ...., 7111r vo, i, if , , ,,, - . , ....--t. -- , .,,, 410, 40110 %ow i -.,t w • i Any '''' 4041V" March 3, 2020 25 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) ft t A 175, f __,,.... _•„_.,z jit iiir 1 =:-. • . --, , . 04 4 . ' .'°,.' telli A `r ‘ 1, ''' f. ,• .'1 .. . IP a. A . ,- ,, Here are a few of the celebrities from the Commonwealth who participated last year: 1.-... - ,,, ..,,,,,,A 3 111r_, AN. a4/ I 46 .11 = • •.a. AL c`- —_mac -. 24.111tM— March 3, 2020 26 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) 24. -� , i 1016,.-_ if 'Ai 1 1.' %Or '''-. •I. " t \lk k°:. ,.. * f. AI t • Ilih 1 , a ,,,...-,..„ A . ‘ t - /..... a 't ‘,4.- , r f "s, 1111 s � . Zr' , el . d�\ \ a - ... Ne ippr '; ,.` 4,':\ Al .-Li _ ' a � '#. "IiiilLb1/4-, \ - -, + * 'V 1 -;41F" ''' ''. ..--WCA7..7 *;4‘ i i f March 3, 2020 27 CITY COUNCIL'S BRIEFING SOMETHING IN THE WATER FESTIVAL 2020 OVERVIEW ITEM#70138 (Continued) 5 ..... q....e. jt Virginian-Plot x $4 S m ion 16 vk[nn H Ytlayan tapr bity born x Isva Ma l.rt.xtn�<.aav Skye'a.xe.Naie>:J v�.Z.ma BexFinats S..V aZoo di xeODU On irpyy,6n:ntgi ;:,:,UUnavnieepy eeivY .nox»g eanxrons nerc ma�a mo.�e atanmF Ben "-, A mystery man paid a restaurant tab for nearly a dozen Something in the Water attendees ai[AUS$$S if NAINJI r n 1 ..—. �. l a Etep.^t r gave up tit0 it tee_ i- ..4 -- ,,-: 14„iv : _ „. ,,-,-, N 4„.., ' ( THANK YOU ROBBY WELLS SOMETHING IN THE WATER IIP }, Mayor Dyer expressed his appreciation to Mr. Wells for the presentation. March 3, 2020 28 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 3157 VIRGINIA BEACH MASS SHOOTING ITEM#70139 1:38 P.M. Mayor Dyer welcomed Thomas M. Leahy,Acting City Manager. Mr. Leahy expressed his appreciation to City Council for their continued support: STAFF REVI EW OF 5/31/2019 I NDEPEVDENT I NVESII GATT ON FRET PRESENTED TO VIRGINIA BEACH CITY COUNCIL MARCH 3,2020 ACTING CITY MANAGER TOM LEAHY Here is the Outline: OUTLJ • Overview • The Hillard Heintze Report— Six Key Findings Review of Recommendations • Human Resources • Public Safety • Infrastructure Summary • Budget Implications March 3, 2020 29 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31sT VIRGINL4 BEACH MASS SHOOTING ITEM#70139 (Continued) Here is the Overview: G B AEYY • We owe the victims, the survivors and the public a complete and thorough investigation of the events of that horrific day We also owe them our best efforts to learn from the tragedy VBPD immediately undertook a criminal investigation, completion of which is estimated in fall 2020 — interim briefing to be scheduled City Council commissioned an independent review on July 2, 2019 and contract was signed with Hillard Heintze on July 22, 2019 Hillard Heintze completed its report on November 13, 2019 Here is a summary of the Hillard Heintze Report: NE HI LARD HB NTZE 1313ORT ■ Hillard Heintze briefed City Council on November 13, 2019 CEO Arnette Heintze confirmed that his firm received complete and transparent cooperation from City staff Their review of City-provided records did not substantiate allegations of deleted e-mails The Hillard Heintze review and report were completely independent from the City. Consequently, we will note some clarifications/corrections, but nothing that would alter their findings (pages 64-65) that this attack could not have been anticipated or prevented March 3, 2020 30 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31 ST VIRGINIA BEACH MASS SHOOTING ITEM#70139 (Continued) The Hillard Heintze Report provided Six Key Findings: RB/I EW OF SIX KEY A N DI N GS Key Finding #1: The City of Virginia Beach employees, police and first responders acted courageously in the face of life- threatening danger, and their actions prevented further casualties. Key Finding #2: The attacker did not display warning signs or prohibited behaviors associated with a pathway to violence that could have provided the City of Virginia Beach or expert threat assessors with an opportunity to intervene ahead of the violence on May 31, 2019. RB/I RV OF SIX KEY A NDI N GS Key Finding #3: The City needs to establish a comprehensive program that holistically enables and advances workplace violence prevention Key Finding #4: The City of Virginia Beach needs to restructure its highly decentralized Human Resources function Key Finding #5: Improvements in the City's critical incident response protocols are warranted Key Finding #6: Improvements to various physical and technical security capabilities March 3, 2020 31 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31sT VIRGINIA BEACH MASS SHOOTING ITEM#70139 (Continued) Key Findings#3 thru#6 resulted in 58 recommendations: MEW E N 58 RMOM M EN DATI ONS • 27 — Human Resources • 20— Public Safety • 11 — Facilities Security Many recommendations —or functional equivalent—already in place Many— but not all —will be recommended for adoption Hillard Heintze report makes it clear that none — implemented or not—would have made a difference to the tragic events of May 31 (Section 1.6 — Retrospective Analysis, pages 58-64) The most significant recommendation is the restructuring of Human Resources: HUMAN RESOURCES RECOM M EN DAMNS S 11 of the 27 already have primary components within existing HR policies and practices • 11 of 27 can be readily implemented with limited additional resources ■ Restructuring/Centralization of Human Resources function is most significant recommendation and key to several other recommendations • Hillard Heintze did not indicate that existing policies played a role in the attacker's motivations or actions (Section 4.3, pages 123-150), nor did it substantiate allegations of a pervasive toxic environment (Section 4.5, pages161-168) March 3, 2020 32 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31sr VIRGINIA BEACH MASS SHOOTING ITEM#70139 (Continued) Here are the recommendations related to Threat Assessment and Detection: HUMAN RESOURCES RECOM M EN DA11 ONS Threat Assessment and Detection Threat Assessment Team (modeled after criminal charge and conviction panel) - recommended Centralizing workplace violence prevention in Human Resources— recommended (subject to HR restructuring) More training for supervisors to detect early warning behaviors - recommended Periodic background investigations— not recommended Here are the recommendations related to Centralization and Restructuring of Human Resources: HUMAN RESOURCES RECOM M ENDATIONS Centralization and Restructuring of Human Resources Most significant recommendation and key to several other recommendations Staff recommends. Proposal included in City Manager's Recommended FY2021 Budget • Human Resources has developed new staffing model, includes embedding HR professionals in departments—very successful with VBPD ■ Eliminate perceived department conflicts and inconsistencies in HR policies • Will require 10 existing FTEs and 15 new FTEs-$1.5 million/year March 3, 2020 33 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31sT VIRGINL4 BEACH MASS SHOOTING ITEM#70139 (Continued) Here are the recommendations related to Performance, Discipline, Termination: HUMAN RESOURC ES RECXOM M ENDA11O Performance, Discipline, Termination Upgraded protocols and security for meetings with employees regarding significant discipline - recommended Use of the Threat Assessment Team Phone and Videoconferencing, administrative leave for terminations Expectations for employee conduct, improvement-centered discipline, supervisors training on discipline policy, and confidentiality rules for EAP referrals are already in place. But it is acknowledged that these could all be reinforced through training and communication Here are the recommendations related to Employee Reporting and Training: HUMAN RESOURCES RE4CCEVI MENDA11ONS Employee Reporting and Training More training on substance abuse, domestic violence, workplace harassment, violence prevention basics, warning signs, and how to report - recommended Some one-time training to now occur periodically. Some voluntary training to become mandatory. Case Management System with online and 24-hour toll-free number for employees to report concerns anonymously An additional $200,000 per year for employee training will be included in the City Manager's Proposed FY2021 budget. March 3, 2020 34 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31sT VIRGINL4 BEACH MASS SHOOTING ITEM#70139 (Continued) Of the twenty(20)Public Safety recommendations, ten(10)are established practice and/or policy: PUBLIC SAFETY F CCM M BV DAT1 ONS 20 Recommendations 10 are established practice and/or policy Training for different active assailant incidents Incident Command/Unified Command/EOC Adding tactical channels, dividing work across these channels as appropriate An additional$200,000 per year for Public Safety training and emergency exercises will be included in the City Manager's proposed FY2021 budget: PUBLIC SAFETY REC )M M BVDAT1CNS • Policy, Procedures and Training An additional $200,000 per year for Public Safety training and emergency exercises is being included in the City Manager's FY2021 budget Communications— ECCS ECCS is developing active shooter checklists, and reviewing other policies (will adjust as needed). ECCS proposes more advanced intradepartmental training for better coordination with the departments March 3, 2020 35 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 3157 VIRGINIA BEACH MASS SHOOTING ITEM#70139 (Continued) The Family Reunification and Family Assistance Center Plan will be reviewed with training to follow once the plan is complete: PUBLIC SAFETY RECOM M DAIIONS • Victim ID and Interaction with Families Virginia State Code and the Office of the Chief Medical Examiner oversees death notifications OEM implemented the Family Reunification and Family Assistance Center Plan during the May 31 incident. It had been exercised multiple times prior to the incident. OEM has identified areas to improve the plan based upon the event and the recommendations and has already begun addressing them. OEM will be setting up training and exercises once the plan update is complete. Staff agreed with the Technology to Receive and Disseminate Information: PUBLIC SAFETY FECOIVI M EN DA11 ON S • Using Technology to Receive and Disseminate Information • Enhance public awareness of E-911 text messaging • Increase enrollment in emergency alert platforms • ECCS implemented public outreach, will continue • Make update of employee information mandatory part of annual evaluation • ECCS implementing alert and warning system to launch messages without "opt-in" requirement March 3, 2020 36 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31 sT VIRGINIA BEACH MASS SHOOTING ITEM#70139 (Continued) Staff agreed with the recommendation for a Facility Security Division and funding will be included in the City Manager's proposed FY21 Budget at$1.0 million per year: I NFRASTRUCTURE Raw M ENDATIMIS Facility Security Division Existing security assessment work group to review and develop best practices related to physical security. Includes experts from Homeland Security Funding to be included in City Manager's Recommended FY21 Budget for Facilities Security Division to prioritize City assets to be protected and develop and implement plans to mitigate and reduce threat risks $1.0 million per year 4 FTE's Funding for consulting and contracting services to support the security review, assessment and plan implementation Currently, VBPD has been provided access to all electronic locks; however, there are tens of thousands of other various locks. As such, this would be turned over to the proposed Facilities Security Division to develop lock standards,protocols, and strategies: I NFRASTRUCTURE REOOM M BJDATI ONt First Responder Access Provide VBPD with ability to access secured areas of all City facilities during a critical incident—Short-term, long-term lock strategy Scope:387 City buildings,tens of thousands of locks of various types Key and card lock access, Knox Boxes, Go-Bags, breaching tools State Code allows only Fire Department personnel to have access to Knox Boxes Purchase of breaching kits included in City Manager FY2021 Budget March 3, 2020 37 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 3157 VIRGINIA BEACH MASS SHOOTING ITEM#70139 (Continued) A new CIP for City Security Enhancements will be introduced in the City Manager's proposed FY21 Budget: I NFRASTRUCTURE DOOM M ENDATI ON S ■ Locks, Keys and Lock Upgrades, Infrastructure Upgrades Improve building access management related to locks and keys Funds to improve locks and other components for centralized access management system were included in FY2020 CIP-$125,000/year City Manager's Proposed FY2021 CIP will increase that to$300,000/year Additional request for funds to make structural alterations to existing buildings. CIP 3-183 City Security Enhancements $2.22 million in FY2021, $2.98 million in FY2022 Risk-based determination Staff and architects are reviewing security plans for the design of new and renovated buildings (Buildings 1, 2, and 11) to ensure the best management practices are incorporated. In the future, this would be performed by the proposed Facilities Security Division: I NFRASTRUCTURE R80OM M ENDATIONS ■ Design of New and Renovated Buildings Staff and architects reviewing plans to ensure City integrating necessary best management practices security features into new and renovated buildings Lighting, site lines, separation of public and employee spaces, strategic use of ballistic materials, areas for shelter-in-place/safe rooms, video cameras, intrusion detection systems New City Hall (under construction) already included enhanced building security March 3, 2020 38 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31sT VIRGINIA BEACH MASS SHOOTING ITEM#70139 (Continued) Here is the Summary/Next Steps: SUM M ARY/NEXT STEPS ■ Many of Hillard Heintze's recommendations already exist within City's policies and procedures Many can be implemented with limited resources Several will require significant resources to implement ■ FY 2020-21 Proposed Budget will include $5.5 million in additional resources to implement recommendations within the following three areas: SUM MARY/NEXT STBS Human Resources Public Safety Infrastructure •Add 15 FTEs to restructure •Provide additional • Add 4 FTEs,additional and centralize Human resources to increase resources for new Facilities Resources operations training and incident Security Division •Establish Threat response exercises • New CIP projects for Assessment Team •Additional funding to structural alterations to • Provide additional funds purchase'breach kits" existing facilities,electronic for Case Management locks and components of System the centralized facility •Funding for additional access management employee training system $1.7 million $350,000 $3.5 million March 3, 2020 39 CITY MANAGER'S BRIEFING CITY'S RESPONSE TO HILLARD HEINTZE INDEPENDENT REVIEW OF THE MAY 31sT VIRGINL4 BEACH MASS SHOOTING ITEM#70139 (Continued) Here is the six year Detailed Budget: CIETAI LED BU FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FTEs 3-166 Facility Access CIP Systems $300,000 $300,000 $300,000 $300,000 $300,000 $300,004 3-183 City Security CIP Enhancements $2,220,585 $2,977,83, $500,000 $500,000 $500,000 $500,000 Operating Facilities Budget Security Office $1,000,000 $1,030,000 $1,060,900 $1,092,727 $1,125,509 $1,159,274 Operating Citywide PS Budget Training/Exercises $200,000 $200,000 $200,000 $200,000 $200,000 $200,.r r Operating Public Safety Budget Building Access $150,000 $150,000 $150,000 $150,000 $150,000 $150,00r■ Operating Human Resources Budget Restructuring $1,490,147 $1,534,851. $1,580,897 $1,628,324 $1,677,174 $1,727,48• 15.00 Operating Additional Budget Employee Training $200,000 $200,000 $200,000 $200,000 $200,000 $200,00. Total $ 5,560,732$6,392,688 $3,991,797$4,071,051 $4,152,683 $4,236,763 19.00 STAFF RB/1 BI OF 5/31/2019 INDEPENDENT I NVEST1 WI ON RAT PRESENTED TO VIRGINIA BEACH CITY COUNCIL MARCH 3,2020 ACTING CITY MANAGER TOM LEAHY Mayor Dyer expressed his appreciation to Mr. Leahy for the presentation. March 3, 2020 40 ADD ON CITY MANAGER'S BRIEFING CORONA VIRUS ITEM#70140 2:20 P.M. Mayor Dyer welcomed Dr. Demetria M. Lindsay, Director— Public Health. Dr. Lindsay expressed her appreciation to City Council for their continued support: 2019 Novel Coronavirus Briefing to Virginia Beach City Council { 4 Demetria M.Lindsay Public Health Director Norfolk and Virginia Beach Districts March 3,2020 VDH:"' Here is the Background starting in December 2019: Background ➢Cluster of pneumonia cases in Wuhan,Hubei Province,China ➢Novel Coronavirus Strain ➢Dramatic increase in cases and spread in mainland China, particularly in Hubei Province ➢Global spread in weeks(mostly associated with travel to Hubei) r . VDHi• .;... March 3, 2020 41 CITY MANAGER'S BRIEFING CORONAVIRUS ITEM#70140 (Continued) Coronaviruses Family of RNA viruses - . Includes the common cold,SARS and MERS Animal and Bird reservoirs - 1 • Transmits to humans via 411 n,*- close contact or viral mutation Genome changes are common • SARS-CoV and MERS-CoV are 4 -*Mt-- on WHO Priority Pathogen list 4-101k "IX Here are the Symptoms: Symptoms of COVID - 19 aptca,, mt , Cases outside of China. r...e Rim.ea< Seae sw< • Median age-45 years • Range—2to74years • 71%male • Evidence of person toof dt. ^~� person spread • Incubation presumed 2 to 14 days • Potentially infectious before symptom onset South China Morning Post-'Coronavirus-Everything you 'Review of 36 of 56 cases need to know"-Updated Feb.7,2020 VDH:', March 3, 2020 42 CITY MANAGER'S BRIEFING CORONAVIRUS ITEM#70140 (Continued) This graphic provides a Distribution of COVID-19 cases as of 02 March 2020: Disbbution of COVID•19 cases as of 02 March 2020 fy Wo d xealoh eir j • •-1 •,•..woo ' r. • As of March 3, 2020, there are sixty(60)confirmed cases in the United States: How Many Cases Are in the U.S.? Confirmed Cases in the United States Travel-related 17 Person-to-person from known case 26 2 Deaths (unconfirmed 6 as of 3/3/2020) Cases among Persons Repatriated to the United States Wuhan,China 3 Diamond Princess Cruise Ship 45 Total as of 3/2/20 60 VDH� March 3, 2020 43 CITY MANAGER'S BRIEFING CORONA VIRUS ITEM#70140 (Continued) The Transmissibility Comparison below is based on the average number of people one sick person will infect: Transmissibility Comparison Maybe Ro 1.4 to 2.5 The number of that one sick person will infect(on average)is called R.. Here are the maximum R, values for a few viruses. more contagious Po Seasonal Flu(2) Eat ig) HIV(4) SAPS(4) Mumps(tO) Measles(la) tt `t 7Z s t ftt �i Tti�Ti I i y ttit j ttt tT 7 t t t VDH Here is an Epidemiologic Comparison between COVID-19, MERS-CoV and SARS-CoV Epidemiologic Comparison Reported by the World Health Organization CoV Origin Cases Deaths COVID—19 Dec 2019 76,769 2,247 As of 2/18/20 (China) CFR=2-3% 2012 858 MERS-CoV (Saudi Arabia) 2,494 CFR=34% SARS-CoV 2002 8,098 774 (China) (None since 2004) CFR=10•A0 VDH March 3, 2020 44 CITY MANAGER'S BRIEFING CORONA VIRUS ITEM#70140 (Continued) The next few slides provide the current response and prevention efforts: How Has the U.S. Prevented Spread? ➢ 1/30/20-WHO declared the outbreak a Public Health Emergency of International Concern ➢ 1/31/20 -Health and Human Services Secretary Azar declared a Public Health Emergency ➢ 2/7/20-Virginia State Health Commissioner Dr. Norman Oliver declared COVID-19 a Communicable Disease of Public Health Threat for Virginia VDH U.S. Public Health Response - Travel Restrictions ➢U.S.government suspended entry to the U.S.of foreign nationals who were in China in previous 14 days(beginning 2/2/20) ➢U.S.citizens,residents and their family members who were in China in previous 14 days undergo health monitoring for up to 14 days and may have movement restrictionsIF VDH March 3, 2020 45 CITY MANAGER'S BRIEFING CORONAVIRUS ITEM#70140 (Continued) U.S. Public Health Response - Airport Screening t �' x fi p ➢ Travelers from China are "funneled"to 11 airports -� ➢ Undergo health nC_V HEALTH ALERT:Travelers assessments to assess risk ➢ Asymptomatic travelers , ~~ from Hubei:mandatory quarantine �� ��^^� -n^-m• - ^ � ➢ Asymptomatic travelers from mainland China: continue to final destination cot for public health monitoring VDH , . VIRGINIA'S PUBLIC HEALTH RESPONSE VDH March 3, 2020 46 CITY MANAGER'S BRIEFING CORONAVIRUS ITEM#70140 (Continued) Here is an overview of Planning and Education Information: Planning ➢ Established Incident Management Teams o Incident action plans o Daily state/weekly local IC meetings oSit Reps M,W,F and IAPs every 2 weeks-wide distribution ➢ Coordination o Daily coordination between local,state,and federal public health o Weekly operational briefings with local health districts o Partner briefings VDH Education and Information VDHn.ewitoeuiwnio;.euin ., n GORONAVIRUS DISEASE(COVID- -19)UPDATES FOR VIRGINIANS , ➢ Comprehensive public information campaign-media,webpage, 211 call center(1-877-ASK-VDH3),targeted communications ➢ Letters to Clinicians D. Targeted education—DOE,colleges/univ, local .ovemment VDH;';,= March 3, 2020 47 CITY MANAGER'S BRIEFING CORONAVIRUS ITEM#70140 (Continued) Here is a comparison of Isolation and Quarantine: Isolation Quarantine CONTACT ISOLATION wu,.-•...•...•.a..a,r.r• S ,OF HEALTH: 41:10, ISOLATION 1, hiretilaufts ➢ Separation of ill,know or ➢ Restriction of asymptomatic, reasonably expected to have CD potentially exposed to a CD ➢ Common ➢ Less common—High risk • Hospitals,school,work exposures or transmission risk ➢ Based upon disease transmission ➢ Voluntary—least restrictive -Standard,airborne,contact need for effectiveness Involuntary-Civil liberties precaution-least restrictive necessary option > In Virginia,requires authority of State Health Commissioner as communicable disease of public health threat • COVID I&O orders issued 2-7-2019 VDH Virginia Local Public Health Response ➢ Human surveillance and investigation > L C • Reporting from clinicians ! .^„ • CDC travel listings • Syndromic Surveillance 1 P ➢ Support to local clinicians • Consultation roe—/ • Facilitate lab testing • Connect physicians and hospitals to updates and resources ➢ PUI case management;contact tracing and monitoring ➢ Coordination with Partners ➢ Public education and awareness !- VDH March 3, 2020 48 CITY MANAGER'S BRIEFING CORONA VIRUS ITEM#70140 (Continued) Here are the testing guidelines: Who Should Be Tested for COVID -19? Patient Under Investigation Criteria as of 2/27/2020 Clinical feature, & Ep.demiologic Risk Fever:or signs/symptoms of lower respiratory illness(e.g. AND Any person,including health care workers..who has cough or shortness of breath) had close contact;with a laboratory-confirmed'COV C 19 patient within 14 days of symptom onset Fever and signs/symptoms of a lower respiratory illness AND A history of travel from affected geographic areas see cough or shortness of breath)requiring below)within 14 days of symptom onset hospitalization Feveni with severe acute lower respiratory illness(e.g., AND No source of exposure has been identified pneumonia.ARDS)requiring hospitalizations and without alternative explanatory diagnosis leg.,influenza). Affected Geographic Areas=Those with CDC Travel Alerts Levels 2 83 As of 2/27/20=China,South Korea,Iran,Italy,Japan VDH PREPARING FOR POSSIBILITY OF SUSTAINED COMMUNITY TRANSMISSION IN THE US VDH. ;w.r March 3, 2020 49 CITY MANAGER'S BRIEFING CORONA VIRUS ITEM#70140 (Continued) Here is an overview of CDC's response to COVID-19: C VI9 CDC Protects and Prepares Communities 19 CDC ssM..rrgrrrrryww1rrmrmnrpepwyrueWNW a a..�p.pr■the az liud mrt "v. rwunamnim� ...unit . w�isnm�nanw • . ,_ _ „G iiiii --..........gm- Build on Pandemic Influenza Preparedness > COVID-19 seems to be spreading much like flu ➢ Pan flu preparedness ongoing since 2004 • 2019-Cardinal Resolve exercise involving over 400 stakeholders from across Virginia > VDH reviewing pan flu plans and guidance to inform CVOID- 19 preparedness ➢ VDH actively encouraging partners in all sectors to review their pandemic flu plans and adapt them to this situation VDH': March 3, 2020 50 CITY MANAGER'S BRIEFING CORONA VIRUS ITEM#70140 (Continued) Currently, there is no Vaccination and Treatment for COVID-19: Vaccination and Treatment > Treatment • Currently no specific antiviral treatment • Supportive care • Research ongoing •2/25/20-Randomized,controlled clinical trial to evaluated safety and efficacy of remdesivir at Univ.of Nebraska >Vaccine • Currently no vaccine • NIH research and development ongoing •Projected timeline=12-18 months VDH: Nonpharmaceutical Interventions •• itt 111181:151 VDH:!;• March 3, 2020 51 CITY MANAGER'S BRIEFING CORONAVIRUS ITEM#70140 (Continued) What Can Partner Agencies/Organizations Do? ➢ Maintain open lines of communication with your local health department or VDH central office ➢ Review emergency operations plan,pan flu plan,and continuity of operations plan • Be prepared to support Emergency Support Function(ESF-8)as identified in the Commonwealth of Virginia Emergency Operations Plan(COVEOP) • Review workplace policies and practices around sick leave ➢ Maintain situational awareness through trusted sources ➢ Direct Virginians to www.vdh.virginia.gov/coronavirus VDH Considerations for EMS Providers > Obtain a travel history from patients with fever and acute respiratory illness > Infection Control Considerations • For PUls,place a mask on the patient as soon as possible • Utilize standard precautions,contact precautions,airborne precautions • Use eye protection(goggles or face shield)when treating and transporting ➢ Transport Considerations •Transport to closest appropriate facility • When possible,should have an appropriate isolation room > Decontamination • Use any EPA-registered hospital disinfectant on work surfaces and equipment • Follow manufacturer's recommendations for use-dilution(i.e.,concentration), contact time,and care in handling VDH" March 3, 2020 52 CITY MANAGER'S BRIEFING CORONA VIRUS ITEM#70140 (Continued) As of March 3, 2020, there are no confirmed cases in Virginia: Take Home Messages ➢ Current risk of COVID-19 infection to the American public is still considered low oAs of today,no COVID-19 cases in Virginia ➢ Rapidly evolving situation o Interim guidance will continue to change ➢ Vigilance,frequent communication,and coordination among partners is critical ➢ Promote flu and respiratory infection prevention ➢ Updates will be communicated via www.vdh.virginia.gov/coronavirus as information is available VDH: Influenza Activity What does the current geographic spread of influenza look like? Flu Seaso 3 . 3 5VLI\ weeks .: .s .. ._ ., > VA:773 deaths,including 2 pediatric > US:18,000 deaths,including 125 pediatric March 3, 2020 53 CITY MANAGER'S BRIEFING CORONA VIRUS ITEM#70140 (Continued) IL, Take Home Messages ➢ Current immediate threats r^ •Seasonal Flu a •Norovirus A . ➢ Basic Message Still Holds •Wash your hands often •Cover coughs •Stay home when sick. 1111 Ira• n. •Review workplace practices to .s lit A support. VDH Q u �io-ww? VDH Mayor Dyer expressed his appreciation to Dr. Lindsay for the presentation. March 3, 2020 54 CITY COUNCIL LIAISON REPORTS ITEM#70141 2:45 P.M. Council Member Henley advised there have been discussions concerning the Sea Level Wise Report among several of the Boards and Commissions she serves as City Council Liaison to, including her most recent meeting with the Green Ribbon Committee. Council Member Henley advised she is starting a new program to be included at her future forums, to show the water flow in as many communities as possible. The purpose is to help citizens understand where their neighborhood water flows to in order to help bring awareness of the cumulative impact. Council Member Henley distributed an example presentation to show the four(4)mile waterflow path from South Shore Estates neighborhood to Back Bay, attached hereto and made a part of the record. Council Member Henley advised she has invited students from Floyd E. Kellam High School, who will present a different neighborhood's water flow path at the next forum in March. March 3, 2020 , , -1 -A 'v * ‘ itiY ir 4C7 ,111A ,---1_- 4A- o)1 4‘ cqi) , 4 \\\Ir‘ t'01104DP et 114*LrA FiYAk k,4444 0000 1 _\t, -"II' jrtniocui 4 v. 1 -1, - --"L . ON i o c-rt-- - - - 2 ftlitowier 0 -iti ir:),\-44.0 , i, __,_ tkril 46144111.1istevill*Pej okrziocivg * $ d�6..0 f ' :. 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Discussion iru of Virginia Beach 55 CITY COUNCIL LIAISON REPORTS ITEM#70142 (Continued) Council Member Wilson advised she attended the Southeast Network Authority meeting held March 2, 2020. Applications for a temporary Executive Director have been accepted and interviews will be scheduled in the next couple of weeks. March 3, 2020 56 CITY COUNCIL LIAISON REPORTS ITEM#70143 (Continued) Council Member Berlucchi distributed a proposed a Resolution to be considered on March 17, 2020, attached hereto and made a part of the record. Council Member Berluchhi advised the proposed Resolution directs the City Manager to conduct a study on the Commercial Property Assessed Clean Energy(C-PACE) Program and provide results to City Council to consider the feasibility and desirability of implementation for the City. March 3, 2020 REQUESTED BY COUNCILMEMBER BERLUCCHI 1 A RESOLUTION TO DIRECT THE CITY MANAGER STUDY 2 THE C-PACE PROGRAM AND CONSIDER THE 3 FEASIBILITY AND DESIRABILITY OF IMPLEMENTATION 4 OF A C-PACE PROGRAM FOR VIRGINIA BEACH 5 6 WHEREAS, the General Assembly has authorized localities to undertake a 7 Commercial Property Assessed Clean Energy(C-PACE) Program; 8 9 WHEREAS,C-PACE offers a financing option for commercial property owners and 10 new construction developersto fund clean energysystems, resiliency improvements, and 11 stormwater management improvements; 12 13 WHEREAS, by leveraging a voluntary assessment lien against participating 14 properties, C-PACE financing is generally less expensive than commercial loans; 15 16 WHEREAS, a C-PACE program may be structured to utilize only private capital 17 and all billing and collection for C-PACE loans may be undertaken by a third party 18 administrator; 19 20 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH,VIRGINIA THAT: 22 23 The City Council directs the City Manager to study the C-PACE Program and 24 consider the feasibility and desirability of implementation of a C-PACE Program for 25 Virginia Beach with the results of such study to be provided to the Council within three 26 months from the adoption of this resolution. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 14993 R-1 February 11, 2020 57 CITY COUNCIL COMMENTS ITEM#70144 2:49 P.M. Council Member Wooten advised March is the month designated to celebrate women, something she is truly passionate about is uplifting women in the workplace and in the community. As such, Council Member Wooten recognized and congratulated Council Member Wilson on her nomination by Nexstar Media Group, Inc. in the Remarkable Women Contest. March 3, 2020 58 CITY COUNCIL COMMENTS ITEM#70145 (Continued) Council Member Moss advised he will hold his fifth (5`h) Town Hall tomorrow, March 4, 2020, at 6:30 P.M, at the Bayside Recreation Center. March 3, 2020 59 CITY COUNCIL COMMENTS ITEM#70146 (Continued) Council Member Moss advised the ten-year treasury note is 1.1%and the federal reserve is expected to cut another 50-75 basis points and is hopeful that preparations are being made now to take advantage of the historically low borrowing rates in the fall. March 3, 2020 60 AGENDA REVIEW SESSION ITEM#70147 2:52P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to GRANT a Non-Exclusive Franchise Agreement with GU Holdings,Inc. (Google)re install, operate, and maintain network facilities for telecommunication services in the public streets and rights-of-way 2. Ordinance to AMEND City Code Sections 8-69, 8-70, and 8-72 re consolidate four divisions of the Board of Building Code Appeals into a single, unified Board 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Orsted Wind Power North America, LLC for 5.45 acres at Lynnhaven Inlet re temporary construction office, vessel loading, and laydown site 4. Ordinances to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water,LLC a. $250,000 (approved in the FY2019-20 Operating Budget) and in-kind contributions (Alternative 1—Staff Proposal) b. $250,000 (approved in the FY2019-20 Operating Budget), in-kind contributions, and TRANSFER $650,000 from Tourism Investment Program (TIP) Fund to FY2019-20 Convention and Visitors Bureau Operating Budget, which may be increased or decreased so that the total financial sponsorship equals the exact dollar amount of the admissions taxes generated by the festival (Alternative 2—Requested by Council Member Rouse) 5. Ordinance to AMEND the Resort Open Air Cafe Franchise Regulations re open air café size criteria 6. Ordinance to AUTHORIZE and ACCEPT the dedication of 1.7 acres(+/-)at 4549 Revere Drive from Salem Woods Civic Association, Inc. re public park 7. Resolution to SUPPORT Limited Access Fence Modifications for VDOT's I-264/Lynnhaven Parkway Interchange re install Lynnhaven Business District gateway sign as part of CIP#9-028 "Lynnhaven Parkway Corridor Improvements" 8. Ordinance to APPROPRIATE$528,172.50 of insurance proceeds to CIP#2-022 "Major Bridge Rehabilitation II" re reimburse expenses incurred due to damage to the Pungo Ferry Bridge fender 9. Ordinance to ACCEPT and APPROPRIATE$1,000 from Families Forward Virginia to FY2019- 20 Public Health Department Operating Budget re purchase welcome resource bags to participants in the Healthy Families Program March 3, 2020 61 AGENDA REVIEW SESSION ITEM#70147 (Continued) 10. Ordinance to TRANSFER $4,078,031 from CIP #8-042 `Replacement for the Rudee Inlet Dredge" and APPROPRIATE $549,636 in fund balance of the DEA Seized Assets Special Revenue Fund to CIP #3-122 "Police Department Helicopter"re purchase of helicopter with manufacturer savings K. ORDINANCES: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3 ITEM#4a WILL BE CONSIDERED SEPARATELY ITEM#4b WILL BE CONSIDERED SEPARATELY March 3, 2020 62 AGENDA REVIEW SESSION ITEM#70147 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. PRINCESS ANNE/WITCHDUCK ASSOCIATES 1,LLC C/O ROBINSON DEVELOPMENT GROUP for a Conditional Use Permit re eating and drinking establishment with drive-through window at 5161 Princess Anne Road DISTRICT 2—KEMPSVILLE March 3, 2020 63 ITEM#70148 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Lynnhaven District • Kempsville District PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees • City Manager applicant evaluations March 3, 2020 64 ITEM#70148 (Continued) Upon motion by Council Member Moss, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 2:57 P.M. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None Break 2:57 P.M. —3:12 P.M. Closed Session 3:12 P.M. —5:45 P.M. March 3, 2020 65 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 3,2020 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, March 3, 2020, at 6:00 P.M. Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None INVOCATION: Pastor Darren W. Nettingham Village Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. March 3, 2020 66 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise ifshe unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. March 3, 2020 67 ITEM— VII-E CERTIFICATION ITEM#70149 Upon motion by Council Member Moss, seconded by Council Member Abbott, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 G�N��$EAc a�� �L O ` ' O E' ' c 4 ?.. _: , c �_. - 2• rs 0 S OF OUR N't EOM RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#70148 Page 64 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. manda Barn , MMC City Clerk March 3, 2020 68 ITEM-VII.F.1 MINUTES ITEM#70150 Upon motion by Council Member Wooten,seconded by Council Member Abbott, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of February 18,2020 Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 69 ITEM— VILG.1 BID OPENING ITEM#70151 Mayor Dyer DECLARED A BID OPENING: BIDS FOR NON-EXCLUSIVE FRANCHISE AGREEMENT— Telecommunication Services Pursuant to Virginia Code Section 15.2-2102, the Chair will now summarize the bids that have been received for a Non-exclusive Franchise Agreement for the purpose of installing, operating and maintaining network facilities for wireless telecommunications services within the City's public streets and rights-of- way. One bid has been received. GU Holdings, Inc. has bid the following: - 10-year franchise with three (3)additional 10-year options to renew, not to exceed forty years Are there any other persons that desire to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bids received from GU Holdings, Inc. and recommends that the company be granted the Franchise. We will now open a Public Hearing for the proposed Non-exclusive Franchise Agreement to own, install, and maintain network facilities for wireless telecommunications services within the City's public streets and rights-of-way. March 3, 2020 70 ITEM— VILI.1 PUBLIC HEARING ITEM#70152 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCLUSIVE FRANCHISE AGREEMENT—Telecommunication Services GU Holdings, Ince. (Google) The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING March 3, 2020 71 ITEM— VII.H.1 PUBLIC COMMENT ITEM#70153 Mayor Dyer DECLARED a PUBLIC COMMENT: Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Resort Area Strategic Action Plan 2030 and AMEND Sections 1.1 and 1.2 re Resort Strategic Growth Area The following registered to speak: Kevin Martingayle, 211 61s`Street, Phone: 416-6009, spoke in OPPOSITION BJ Baumann, 308 Mediterranean Avenue, Phone: 422-5654, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Mina "Gar),"Ryan, 2200 Parks Avenue, Phone: 425-0000 x316, spoke in SUPPORT Kate Pittman, (ViBe Rep.) 611 18`h Street, Phone: 202-9533, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke in OPPOSITION Michael Mouch, 1841 North Muddy Road, Phone: 339-9494, spoke in SUPPORT Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971, spoke in OPPOSITION Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT Marc Sauter, 124 64`h Street, Phone: 560-4816, spoke in OPPOSITION Louisa Strayhorn, 409 Harbour Point, Phone: 650-2954, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the COMMENT March 3, 2020 72 ITEM— VILJ.1 FORMAL SESSION AGENDA ITEM#70154 Mayor Dyer read the Speaker Policy and advised for legislative items where only one (1) speaker is registered, the City Clerk will call the speaker and they will be given three (3) minutes on each item they registered to speak. Further, Mayor Dyer advised for Planning Items where only one (1) speaker is registered, the speaker will be given three (3) minutes to speak followed with City Council determining if the planning item,previously designated for the Consent Agenda, will remain on consent or be voted on separately. The City Clerk called for the following speaker: Barbara Messner, P. O. Box 514, spoke in opposition on legislative items K: 8 and 9 Upon motion by Vice Mayor Wood, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions K:3, 5, 6, 7, 8, 9 and 10 and Planning Items L.1. Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None K. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#3 ITEM#4a WILL BE CONSIDERED SEPARATELY ITEM#4b WILL BE CONSIDERED SEPARATELY March 3, 2020 73 ITEM— VILK1 ORDINANCES/RESOLUTIONS ITEM#70155 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Andrew Jackson, 153 Upperville Road, Phone: 490-0901, declined to speak Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council ADOPTED Ordinance to GRANT a Non-Exclusive Franchise Agreement with GU Holdings, Inc. (Google) re install, operate, and maintain network facilities for telecommunication services in the public streets and rights- of-way Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, OPERATE AND 3 MAINTAIN NETWORK FACILITIES FOR 4 TELECOMMUNICATION SERVICES IN THE 5 CITY'S PUBLIC STREETS AND RIGHTS-OF- 6 WAY TO GU HOLDINGS, INC. (GOOGLE) 7 8 WHEREAS, GU Holdings, Inc., a Delaware corporation ("Google"), 9 builds and operates fiber networks and related communication services; 10 11 WHEREAS, Google desires to enter into a nonexclusive franchise 12 agreement (the "Franchise") with the City of Virginia Beach (the "City") to use 13 and occupy the City's public streets and rights-of-way; 14 15 WHEREAS, the Franchise would allow Google to install, operate and 16 maintain a fiber optic cable for the purpose of connecting to its subsea cable, 17 known as "Dunant"; 18 19 WHEREAS, the Dunant subsea cable would connect to a data center of 20 Google's choosing, thereby connecting France to the United States; and 21 22 WHEREAS, City staff supports allowing Google to use the City's public 23 streets and rights-of-way for the aforesaid purposes, subject to the terms and 24 conditions set forth in the summary of terms attached hereto as Exhibit A, and 25 made a part hereof (the "Summary of Terms"). 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Council hereby authorizes the City Manager to execute the 31 Franchise with Google for a maximum term of 40 years, in accordance with the 32 Summary of Terms attached hereto as Exhibit A, and made a part hereof, and 33 such other terms, conditions or modifications, as may be acceptable to the City 34 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this 3 r d day of March , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: AbAtt)712 64-y G%fA) INFO ATION TECHNOLOGY CITY ATTORNEY CA14665 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d030\p031\00617981.docx R-1 February 20, 2020 2 EXHIBIT A SUMMARY OF TERMS Franchisor: City of Virginia Beach (the "City") Franchisee: GU Holdings, Inc., a Delaware corporation ("Google") Term: 10 years, with 3 additional 10-year renewal options, not to exceed 40 years. Location: Google may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: Google shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the franchise, Google must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: Google shall be required to return the public streets and rights- of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; Pollution Liability: $1 Million; or, in the alternative, Umbrella Coverage of$5 Million. Surety Requirements: $25,000 letter of credit and $50,000 surety bond Indemnity: Google shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. Nondiscrimination: The franchise agreement shall include the City's standard provisions, including good faith minority business efforts required by City Code. 74 ITEM— VILK2 ORDINANCES/RESOLUTIONS ITEM#70156 The following registered to speak: Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED Ordinance to AMEND City Code Sections 8-69, 8-70, and 8-72 re consolidate four divisions of the Board of Building Code Appeals into a single, unified Board Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 Requested by Councilmember Wood 1 AN ORDINANCE TO AMEND SECTIONS 8- 2 69, 8-70 AND 8-72 OF THE CITY CODE 3 PERTAINING TO THE BOARD OF BUILDING 4 CODE APPEALS 5 6 Sections Amended: City Code §§ 8-69, 8-70, 7 and 8-72 8 9 10 WHEREAS, the City Code currently divides the local board of building code 11 appeals into four divisions, each with a separate and distinct membership; and 12 13 WHEREAS, some of those divisions meet infrequently due to the lack of appeals; 14 and 15 16 WHEREAS, finding citizens qualified and willing to serve on the multiple divisions 17 has been challenging and the time and talents of those who have been appointed are 18 often underutilized due to the division structure and infrequency of appeals in the 19 divisions; 20 21 WHEREAS, to better accomplish the mission of the board of building code 22 appeals, to more effectively utilize the time and talents of those appointed to same, and 23 to provide better service to the City and its citizens, the creation of a single board with 24 broad expertise would be preferable to the distinct divisions currently utilized. 25 26 NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 1. That Sections 8-69, 8-70, and 8-72 of the Code of the City of Virginia Beach, 30 Virginia, are hereby amended and reordained to read as follows: 31 32 ARTICLE III. - BOARD OF BUILDING CODE APPEALS 33 34 Sec. 8-69. - Established;; 'l°• ,s. 35 36 (a) There is hereby established a board of building code appeals as provided for in the 37 Virginia Uniform Statewide Building Code. 38 39 (b) The board of building code appeals shall cons+st of four (4) divisions, ach having a 40 membe-rsta; parate-and-d-istinct from the „thy f„l s be a singular body of 41 citizens selected by city council on the basis of their ability to render fair and 42 competent decisions regarding the application of the Virginia Uniform Statewide 43 Building Code, and shall to the extent possible, represent different occupations or 44 professional fields relating to the construction industry. 1 45 46 (1) ' 47 48 Virginia Uniform Statewide Building Code, except as provided in subdivisions 49 (3) and (4) hereof. 50 51 (2) 52 53 54 55 (3) 56 order, ruling or other decision of the division of permits and inspections 57 58 59 (4) The electrical division shall hear and decide a o : a 60 61 work, 62 63 Sec. 8-70. - Membership positions; terms; qualifications. 64 65 (a) Each division of tThe board of building code appeals shall consist of five (5) seven 66 (7) members and up to three (3) alternates, who shall be appointed by the city 67 council. The initial m hero of ch division hall he members of their �-r�-rrnrraT-,-,�.�vcro--vr rrrr 68 as of the date of enactment of 69 ; 70 serve as a member of the board. 71 72 (b) The term of office of members of the board shall be twe-(2) five (5) years;. provided, 73 however, that the initial members of the board shall serve as such until the 74 expiration of their terms as members of their respective predecessor boards. 75 Members may, subject to the provisions of section 2-3 of this Code, be reappointed. 76 77 (c) .ri,.,t of five (5) members and shall include a 78 state registered professional engineer e 79 , 80 ; 81 with fire protection engineering experience; a member of the building materials 82 ; 83 h„ iness in +hie nit„ 84 85 (dc) mbers, none of whom 86 87 of office. Membership shall consist of: 88 89 a) a registered design professional who is an architect; 90 2 91 (2) a registered design professional with structural engineering or architectural 92 experience; 93 94 (3) an individual with mechanical or plumbing engineering experience; or a 95 mechanical or plumbing contractor with at least ten (10) years experience; 96 97 (4) an individual with electrical engineering experience; or an electrical contractor 98 with at least ten (10) years experience; 99 100 (5) a residential property manager having experience of at least five (5) years; 101 102 (6) two (2) individuals having experience of at least five (5) years with an 103 occupational or professional field related to the construction industry; 104 105 (7) up to three (3) alternates having experience of at least five (5) years with an 106 occupational or professional field related to the construction industry. 107 108 (e) 109 110 licensed and registered building contractor, a licensed and registered master 111 112 licensed and registered master tradesman holding a valid certificate of competency 113 114 115 (f) The electrical-division shall consist of five (5) members and shall include four (4) 116 certified master tradesmen in electrical work and a citizen representative 117 118 . . . . 119 120 Sec. 8-72. - Officers. 121 122 The board shall elect from its membership a chairperson. The 123 building code administrator shall select one (1) or more employees from the permits and 124 inspections division of the department of planning to serve as secretary to the new 125 construction, plumbing, mechanical and electrical divisions of the board. The code 126 127 128 129 130 board. The board shall conduct an organizational meeting each January, at which time it 131 shall elect its chairperson. Additional meetings shall occur each April and September 132 and at such other times as may be necessary to receive training and timely hear 133 appeals. The secretary of east-division shall maintain a detailed record of all 134 proceedings of such divisions. 135 3 136 BE IT ALSO ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 137 BEACH, VIRGINIA: 138 139 2. That the four (4) divisions of the board of building code appeals are hereby 140 disbanded and their duties assigned to the newly created Board. The City 141 Council expresses its appreciation to the members of the divisions for their 142 service to the City. 143 144 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3rd day of March , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City or Office CA14984 R-5 February 4, 2020 4 75 ITEM— VII.K.3 ORDINANCES/RESOLUTIONS ITEM#70157 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Orsted Wind Power North America, LLC for 5.45 acres at Lynnhaven Inlet re temporary construction office, vessel loading, and laydown site Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: None March 3, 2020 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE WITH ORSTED 3 WIND POWER NORTH AMERICA, LLC FOR 5.45 4 ACRES OF CITY-OWNED PROPERTY LOCATED 5 AT LYNNHAVEN INLET IN THE BAYSIDE DISTRICT 6 7 WHEREAS, Orsted Wind Power North America, LLC ("Orsted") is working 8 with Dominion Energy, Siemens Gamesa & the Bureau of Ocean Energy 9 Management (BOEM) to install wind turbines off the coast of Virginia for the 10 Coastal Virginia Offshore Wind Farm (CVOW) (the "Project"); 11 12 WHEREAS, construction of the Project is supported by the 13 Commonwealth of Virginia under the award of a research lease granted by 14 BOEM to the Virginia Department of Mines, Minerals and Energy (DMME); 15 16 WHEREAS, the City of Virginia Beach (the "City") owns 15.679 acres of 17 land located at Lynnhaven Inlet in the Bayside District (GPIN 1489-58-9234) (the 18 "Property"); 19 20 WHEREAS, Orsted has requested to lease a 5.45-acre portion of the 21 Property (the "Premises") for a temporary construction office, vessel loading and 22 a laydown site in support of the Project; and 23 24 WHEREAS, the City and Orsted desire to enter into a formal lease 25 agreement for the Premises in accordance with the terms and conditions set forth 26 in the Summary of Terms, attached hereto as Exhibit A, and made a part hereof. 27 28 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager or his authorized designee is hereby authorized to 32 execute a lease agreement with Orsted Wind Power North America, LLC in 33 accordance with the Summary of Terms attached hereto as Exhibit A, and such 34 other terms, conditions or modifications as may be acceptable to the City 35 Manager and in a form deemed satisfactory to the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd 38 day of March , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6G j T +4 Economic Develop nt City Attorney CA14681 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d019\p034\00610381.doc R-1 February 7, 2020 EXHIBIT A SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Orsted Wind Power North America, LLC PREMISES: 5.45-acre portion of GPIN 1489-58-9234 TERM: Six (6) months with an option to extend for up to three (3) additional six (6) month terms for a total lease period not to exceed two (2) years. RENT: Due to the long-term environmental and economic benefits to the City that are expected to be derived from the Coastal Virginia Offshore Wind Farm (CVOW) (the "Project") and the minimal impact, short-term use of the Premises, no rent will be charged for use of the Premises. RIGHTS AND RESPONSIBILITIES OF LESSEE/ORSTED: • Premises will be used solely for temporary construction office, vessel loading, a laydown site, and related uses in support of the Project. • Lessee is responsible for the set up and cost of all utilities it consumes on the Premises, including but not limited to, electric, water, cable, phone and internet. • Lessee will perform all necessary maintenance and repairs to keep the Premises clean and in good condition and is required to remove facilities and restore site to original condition upon expiration or termination of lease, all at its sole expense. • Lessee will maintain comprehensive general liability insurance coverage with policy limits of not less than $1 ,000,000 combined single limits per occurrence and will name the City as additional insured. RIGHTS RESERVED BY LESSOR/CITY: • City may terminate the lease if the Premises is needed for a public purpose by giving ninety (90) days' written notice to Lessee. • City may enter the Premises at all reasonable times to erect, use and maintain pipes in and through the Premises, or for general inspection, repairs or to verify Lessee's compliance with the lease. • If a conflict should arise between the City's and Lessee's use of the Property, City may compel Lessee to modify their operation and/or usage of the Premises, up to and including immediate temporary cessation of the work until the conflicting use can be resolved. f cl City of Virginia. Beach 9y o�99F 0�G` 0, OUR NA1‘c VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSS@ VBGOV.COM March 4, 2020 In Reply Refer to:0067016 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115 (F) Dear Mrs. Barnes: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's consideration and vote on the ordinance authorizing the City Manager to execute a lease with Orsted Wind Power North America, LLC for 5.45 acres of City-owned property located at Lynnhaven Inlet. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. Orsted is constructing this wind energy project on behalf of Dominion. 3. I hereby disclose this interest, and I abstained from participation in the City Council's consideration of this item. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, L- John D. Moss Councilmember JDM/RRI 4109 RICHARDSON ROAD,VIRGINIA BEACH.VIRGINIA 23455 76 ITEM— VILK.4a/b ORDINANCES/RESOLUTIONS ITEM#70158 The following registered to speak: Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605, spoke in OPPOSITION-Alternatives 1 and 2 Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT—Alternative 1 only Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in OPPOSITION—Alternatives 1 and 2 Barbara Messner, P. O. Box 514, spoke in OPPOSITION—Alternatives 1 and 2 Kate Pittman, (ViBe Rep.) 611 18`h Street, Phone: 202-9533, spoke in SUPPORT—Alternative 2 Louisa Strayhorn, 409 Harbour Point, Phone: 650-2954, spoke in SUPPORT—Alternative 2 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council DEFERRED TO MARCH 17, 2020, Ordinances to AUTHORIZE the City Manager to EXECUTE a Sponsorship Agreement re Something in the Water,LLC: a. $250,000 (approved in the FY2019-20 Operating Budget) and in-kind contributions (Alternative 1 —Staff Proposal) b. $250,000 (approved in the FY2019-20 Operating Budget), in-kind contributions, and TRANSFER $650,000 from Tourism Investment Program (TIP) Fund to FY2019-20 Convention and Visitors Bureau Operating Budget, which may be increased or decreased so that the total financial sponsorship equals the exact dollar amount of the admissions taxes generated by the festival (Alternative 2—Requested by Council Member Rouse) Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Rouse noted verbal Aye due to a malfunction with voting system. March 3, 2020 77 ITEM— VII.K.5 ORDINANCES/RESOLUTIONS ITEM#70159 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Resort Open Air Cafe Franchise Regulations re open air café size criteria Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 1 AN ORDINANCE TO AMEND THE CITY'S 2 RESORT OPEN AIR CAFE FRANCHISE 3 REGULATIONS 4 5 WHEREAS, in 1985, City Council authorized the City Manager to promulgate 6 Resort Open Air Café Franchise Regulations ("Regulations") to implement an open-air 7 café program in the public rights-of-way in an effort to enhance the overall dining 8 environment at the oceanfront; and 9 10 WHEREAS, the Regulations have been amended several times since 1985; and 11 12 WHEREAS, the Regulations provide that improvements on public property may 13 not cover more than the front face of the operating business building or exceed a total of 14 800 square feet; and 15 16 WHEREAS, historically, the City has permitted restaurants located on corner lots 17 to apply for and to receive two open air café franchise agreements; one open air café 18 franchise agreement for each of the two external sides of the restaurant; and 19 20 WHEREAS, each franchise agreement authorizes the construction of a café that 21 is up to 800 square feet in size for a combined total café size of up to 1600 square feet; 22 and 23 24 WHEREAS, approximately twenty percent (20%) of the existing forty-six (46) 25 restaurants with open air café franchise agreements have cafés that wrap around two 26 external sides of a restaurant; and 27 28 WHEREAS, the Planning Department, through the Strategic Growth Area Office, 29 and the Resort Advisory Committee ("RAC") have requested that the Regulations be 30 amended to permit restaurants located on corner lots that have an obstruction in the 31 right-of-way that prevents seventy-five percent (75%) or more of the direct front or side 32 face of the business from being utilized as a café to utilize up to an additional 600 33 square feet of café space on the unaffected side of the open air café if supported by the 34 RAC and approved by the City Manager or his designee; and 35 36 WHEREAS, under the proposed amendment, an open-air café may be up 1400 37 square feet in size if an obstruction exists in the right-of-way that meets the criteria set 38 forth above; and 39 40 WHEREAS, this amendment will allow for more creative use of corner café space 41 and will advance the City Council's goal of being a competitive first-class resort for 42 residents, businesses and tourists. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA THAT: 46 47 The City's Resort Open Air Café Franchise Regulations are hereby amended and 48 reordained to read as set forth in the attached Exhibit 1, entitled "Amendments to Resort 49 Open Air Café Franchise Regulations, March 2020," a true copy of which is hereto 50 attached. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of March , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14996 R-2 February 20, 2020 Summary of Amendments to Resort Open Air Café Franchise Regulations The proposed amendments to the Resort Open Air Café Franchise Regulations ("Regulations") are designed to permit restaurants located on corner lots that have an obstruction in the right-of-way that prevents seventy-five percent or more of the direct front or side face of the restaurant from being utilized as a café to utilize up to an additional 600 square feet of café space on the unaffected side of the café if supported by the Resort Advisory Committee and approved by the City Manager or an authorized designee. Under the current Regulations, open air cafés may not cover more than the front face of the operating business building or exceed a total of 800 square feet. Under the proposed amendments, open air cafés may be up to 1400 square feet in size if an obstruction exists in the right-of-way that meets the criteria set forth above. RESORT OPEN AIR CAFÉ FRANCHISE REGULATIONS Adopted by City Council on March3, 2020 emu= i f "ii I �1i+r� }p r �� f 1 TT illi CITY OF VIRGINIA BEACH RESORT OPEN AIR CAFÉ FRANCHISE REGULATIONS SECTION 1. GENERAL PURPOSE Rev. 03/03/2020 1. 1 The Resort Open Air Café regulations are for the RT and OR Oceanfront Resort Districts located in the resort area specifically identified as adjacent to the Boardwalk, Connector Parks, Atlantic Avenue, Atlantic Avenue side streets, and in selected Gateway locations west of Pacific Avenue. The Café Franchise Program is designed to allow and encourage outdoor cafes on the public right-of- way fronting pedestrian-oriented ways where they are appropriate, and will promote an ambiance conducive to public health, safety, general welfare, and serve as a public amenity. The goals of the program are as follows: 1.1.a To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk, Connector Parks, and pedestrian- oriented street frontages. 1.1.b To preserve and enhance the character of the resort area and to promote the most desirable use of public property. 1.1.c To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. 1.1.d To establish administrative and enforcement procedures for Open Air Cafes that are effective, efficient, and enforceable. 1.1.e To ensure the construction of attractive, lightweight, removable structures. SECTION 2. DEFINITIONS 2.1 Resort Open Air Café: an outdoor dining facility directly adjoining an existing restaurant in the RT Resort Tourist Districts or OR Oceanfront Resort District, franchised to operate on public property. To be considered for this program, the existing restaurant is required to provide waiter/waitress service, from a full service menu served on non-disposable dishware. A franchise for these cafés will only be granted to those restaurants located on private property with 80% or more of interior or exterior space dedicated to table and chairs for sit down service by a waiter or waitress. No portion of an Open Air Café shall be used for any purpose other than dining or related circulation. Cafes must have direct access to the existing restaurant. All cafes and the required adjacent/operating restaurant shall meet all ADA requirements (including rest room facilities within restaurant). Café Categories, each with requirements specific to their locations, are described below: Rev.3/3/2020 2 Category A- Boardwalk Café. A resort open air café located on public property facing the boardwalk in the OR zoning district. Category B- Connector Park Café. A resort open air café located on public property in a Connector Park between Atlantic Avenue and the boardwalk The Café shall not extend East of the building's property line. Category C -Atlantic Avenue Sidewalk Café. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District not including those located between 15th and 24th Streets (See Category E). Category D -Atlantic Avenue Side Street Café. A resort open air café in the OR Oceanfront Resort District located on the public sidewalk on numbered side streets between Atlantic and Pacific Avenues. Category E - Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District between 15th and 24th Streets on Atlantic Avenue. Category F—West of Pacific Avenue Cafe A resort open air café located on public property from Pacific Avenue, westward, in the RT Resort Tourist District and OR Oceanfront Resort District, fronting on city designated streets. 2.2 Obstruction: Public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, tree grates, trees, trash receptacles,benches,bike racks, parking meters, utilities etc., that may impede the flow of pedestrian traffic or prohibit a café from being established. SECTION 3. FACILITIES NOT CONSIDERED FOR THE CAFÉ PROGRAM 3.1 Fast Food Establishments. An establishment, franchised or otherwise, that offers quick food service of items already prepared and held for service; or prepared, fried, griddled quickly or heated in a device such as a microwave oven; and/or orders are not taken at the customer's table; and food is generally served from a counter in disposable wrapping or containers, will not be considered for outdoor cafes. SECTION 4. OPERATIONAL REQUIREMENTS- ALL CAFES 4.1 In order to be considered for approval under the Resort Open Air Café Program, the Applicant must agree to meet the following Operational requirements: 4.1.a Cafes must provide full waiter/waitress table service, from a full service menu served on non-disposable dishware, as defined in par. 2.1. Rev.3/3/2020 3 4.1.b All patrons of cafes shall be seated while in the café area. 4.1.c Patrons may consume alcoholic beverages in these cafes that have been prepared within the host restaurant, in compliance with state ABC regulations. Café employees shall not prepare or pour alcoholic beverages within any café. 4.1.d Solicitation of any type, as described in Section 26-3 of the City code, from any café will result in immediate termination of franchise agreement. SECTION 5. ENTERTAINMENT/AMPLIFIED MUSIC 5.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes, unless noted otherwise in specific Café Categories herein. 5.1.a Between the hours 12:00 p.m. and 11:00 p.m. only. 5.1.b Solo or duo live entertainment only. Connecting cafés do not constitute more than one entertainment venue. 5.1.c The café franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the café is considered loud or disturbing. Amplification of music shall be directed within café area. 5.1.d Café operators shall receive one written warning that the music does not comply with the café regulations. Upon notice of a second violation, the café will forfeit their entertainment within the café for the remainder of the season. Subsequent violations will be grounds to terminate the café franchise agreement. SECTION 6. GENERAL CAFÉ REQUIREMENTS Requirements apply to all outdoor cafes, unless noted otherwise in specific Café Categories herein. Rev.3/3/2020 4 6.1 Size: Improvements on public property may not Figure 6.1.1 -Example of Café Franchises cover more than the front Permitted for a Corner Business face of the operating I , business's building or exceed a total of 800 sq ft. For •i . corner businesses, a second cart café franchise may be FULL SERVICE ` FRANCHISE pursued for the side face of RESTAUNER RANT I NO.2- the business's building, not goo SF to exceed a total of 800 sq L. ft., for a combined total cafe _ - CAFE FRANCHISE area of 1,600 sq ft (see �,,, NO.1- Figure 6.1.1). Additionally, ��., goo SF for corner businesses, if obstructions in the rights-of- _-1 way prevent 75% or more of r the direct front or side face of the business from being used for a café, up to an Figure 6.1.2-Example of Potential Additional additional 600 sq ft. of café Café Space for a Corner Business space on the unaffected side can be added if supported by 16<8'> the Resort Advisory r Commission and approved by the City Manager or FULL SERVICE • - -CAFE his/her designee(see Figure CORNER •w FRANCHISE 6.1.2). RESTAURANT to NO.2- 1,400 SF The scale, proportion, and overall design of the café — — — CAFE shall be reviewed by City ; I o,,- �)� FRANCHISE to ensure the cafe is ; : NO.1- compatible with the adjacent 0 : 200SF building, the street block r-- face, and the overall goals of UNDERGROUND STORAGE TANK the Resort Area Facade Program and the Resort Streetscape Improvements. The size of the café must maintain clearances as outlined in each section from public infrastructure improvements such as traffic signal poles, sign poles, light poles,planting areas, tree grates, trees, trash receptacles,benches,bike racks, parking meters, etc., that may impede the flow of pedestrian traffic. 6.2 Access: Only one well-defined entrance opening is permitted to the café area; the café area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety Rev.3/3/2020 5 and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 6.3 Perimeter Fence: A perimeter fence is required, and shall be a minimum of thirty (30) inches in height and maximum 42"height. It shall be constructed of finished painted wood, factory-finished metal, or a manufactured fiberglass railing system. All café perimeter fence systems shall be reviewed by the city prior to approval for their use. Planter systems are encouraged to complement the fencing system. 6.4 Canopy: Canopies, where permitted or required, shall be a soft top, demountable canopy constructed as specified herein. The canopy shall only cover the top of the Café, except that transparent vinyl or plastic curtains may be used on the sides as windbreaker during inclement weather only. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Café. The valence of the awning shall not exceed twelve (12) inches in height. If umbrellas are used the name of the café may appear on the valence of each umbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Requests for Deviations shall be individually reviewed by the City. The structure must be dismantled easily and not permanently attached to adjacent building. 6.5 Fixtures & Furnishings: The furnishings of the interior of a resort open air café shall consist solely of moveable tables and chairs and decorative accessories. Tables and chairs shall be constructed of stainless steel, fiberglass,powder coated aluminum or other metal, painted wood, high density polyethylene(HDPE) or an approved site furnishing system. All café furnishings shall be reviewed by the city prior to approval for their use. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on café railing are encouraged. All movable objects required for operation of a resort café shall be removed from the café area and stored out of view during adverse weather conditions acclaimed by the City, or when the café is not in operation for more than a five(5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. Plantings in boxes or planters shall be properly maintained year round, or shall be removed when the café is not in operation. 6.6 Lighting: Only ceiling lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the RT and OR Oceanfront Resort District Cafes Rev.3/3/2020 6 6.7 Signs: One (1)menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five(5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight(8)-inch lettering. 6.8 Storage: Storage of any kind is not permitted on public property; including trash or refuse. 6.9 Maintenance: Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Café including landscaped areas,planter boxes and City property adjacent to café is the sole responsibility of the designated franchisee. SECTION 7. SPECIAL CAFÉ REQUIREMENTS, BY CATEGORY 7.1 Category A- Boardwalk Cafés. 7.1.a Setbacks: Category A cafes shall have a minimum setback of ten (10) feet from the western edge of the bicycle path. Pending review of specific café site plans, additional setbacks and clear path space may be required. 7.1.b Canopy: Category A Cafes are required to have a Canopy complying with Section 6.4. 7.1.c Plantings: Planting beds shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Café. The Planting bed(s) adjacent to the café shall extend a minimum of five(5) feet and a maximum of ten (10) feet into the right of way. Site specific issues that warrant a deviation from the minimum and maximum requirement will be considered. The City Landscape Services Department shall review and approve the applicant's landscape plan prior to operating the café. 7.1.d Access: Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk shall be permitted. Access will meet all ADA Standard Disability Access requirements. Only one five (5) foot walkway is permitted. 7.1.e Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the cafe improvements. The bicycle parking area will be a minimum of approximately eight(8) feet by eleven(11) feet concrete, brick pavers, or similar paved area with 2-point support bicycle racks, such as inverted"U" racks. This area will not be included in franchise café area allowance; however, it should be made available for general public use. Rev.3/3/2020 7 7.1.f Floor: Floor shall be a smooth clean permanent surface as required by the Health Department. 7.1.g Perimeter Fence: In addition to materials listed in Sec 6.3, glass block, pre-finished decorative masonry block or brick are also permitted materials in this café category. 7.2 Category B - Connector Park Cafés. 7.2.a Setbacks: Category B Cafes are required to have minimum setback of ten (10) feet from the Atlantic Avenue curb line. The Café is not to extend east of the building's property line. Pending review of specific café site plans, additional setbacks and clear path space may be required. 7.2.b Floor: Floor shall be a smooth clean permanent surface as required by the Health Department. 7.2.c Canopy: Canopies are permitted but not required unless hotel rooms and balconies are directly above café area . Umbrellas are permitted. 7.2.d Perimeter Fence: In addition to materials listed in Sec 6.3, glass block, pre-finished decorative masonry block or brick are also permitted materials in this café category. 7.2.e Planting: Planting beds shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Café. The Planting bed(s) adjacent to the café shall extend a minimum of five(5) feet and a maximum of ten (10) feet into the right of way. Site specific issues that warrant a deviation from the minimum and maximum requirement will be considered. Additional planting may be required by City Staff for Category B Cafes (Connector Park Cafes) to tie in with existing connector park configurations. The City Landscape Services Department shall review and approve the applicant's landscape plan. 7.2.f Access: One well-defined opening is required. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 7.2.g Bicycle Parking Area: Bicycle parking areas are encouraged in the Connector Parks. The bicycle parking area will be a minimum of eight (8) feet by eleven(11) feet concrete,brick pavers, or similar paved area with 2-point support bicycle racks, such as inverted"U"racks. This area will not be included in the franchise café area allowance; however, it should be made available for general public use. Category B Cafes (Connector Park Cafes) must use existing parking racks. Rev.3/3/2020 8 7.2.h Service Bar Openings: Service bar openings for waiter/waitress use are allowed into a Connector Park Café only. Service bar opening will be maximum of 5 feet wide. Operation of bar must meet all ABC regulations. 7.3 Category C -Atlantic Avenue Sidewalk Café,not including those located between 15th and 24th Streets (See Category E) 7.3.a Setback: Category C Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the café frontage which is nearest the obstruction. Rev.3/3/2020 9 7.3.b Floor: Only the existing paving or sidewalk is to be used for the café. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 7.3.c Canopy: Canopies are not allowed for Category C Cafes,but awnings, as allowed through the Resort Area Facade Program are permitted. Awnings extending beyond the dimension permitted in the Resort Area Facade Program (3')may be permitted based on review by City staff and the Resort Advisory Commission(RAC). Umbrellas are permitted. If umbrellas are used, the name of the café may appear on the valence of each umbrella. 7.3.d Planting: Perimeter planter boxes are required; selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area, and shall be properly maintained by the applicant at all times. 7.3.e Size: Category C Cafes may not cover more than the front face of the operating business building. In addition, the scale,proportion, and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvement Program 7.3.f Bicycle Parking Area: Bicycle parking areas are not allowed. Category C Cafes must use existing bike racks. Rev.3/3/2020 10 7.4 Category D-Atlantic Avenue Side Street Café. 7.4.a Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are recommended to be set back eight (8) feet from the curb line, but a minimum distance of(6) feet clear sidewalk width, from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the café frontage which is nearest the obstruction. 7.4.b Floor: Only the existing paving or sidewalk is to be used for the café. Should the building be setback from the property line, the development of new surfaces for seating may be permitted on private property only. 7.4.c Canopy: Canopies are permitted but not required. Umbrellas are permitted 7.4.d Planting: Perimeter planter boxes are required; selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area, and shall be properly maintained by the applicant at all times. 7.4.e Size: A Category D Café may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building, the street block face, and the overall goals of Resort Area development guidelines in affect at the time of application. 7.4.f Bicycle Parking Area: Bicycle parking areas are not allowed. Category D Cafes must use existing bike racks. 7.5 Category E - Atlantic Avenue Sidewalk Cafe--l5th to 24th Streets. 7.5.a Setback: Category E Cafes are required to be setback a minimum of eight(8) feet from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the café frontage, which is nearest the obstruction. Rev.3/3/2020 11 7.5.b Floor: The existing paving or sidewalk is to be used for the café. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted on private property only. 7.5.c Awnings: Canopies are not allowed for Category E Cafes ,but awnings as allowed through the Resort Area Facade Program are permitted. Awnings extending beyond the dimension permitted in the Resort Area Facade Program(3')may be permitted based on review by City staff and the Resort Advisory Commission(RAC) Planning Design Review Subcommittee(PDRC). Umbrellas are permitted. If umbrellas are used the name of the café may appear on the valence of each umbrella. 7.5.d Planting: Perimeter planter boxes are required; selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area, and shall be properly maintained by the applicant at all times. 7.5.e Access: Cafes shall be accessed from the interior of the restaurant and not from the Atlantic Ave. sidewalk area. Special consideration should be given to refurbishment of the restaurant façade to allow access to the café from the interior of the restaurant at another location than the main restaurant entrance. French doors or similar door systems should be used to open the existing restaurant directly on to the outdoor café so as to not conflict with the main restaurant entrance area. No serving counters are permitted from the restaurant to the café. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 7.5.f Size: A Category E Café may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvement Program. 7.5.g Bicycle Parking Area: Bicycle parking areas are not allowed. Category E Cafes must use existing bike racks. 7.5.h Special Franchise Requirements: Every Category E Café (Atlantic Avenue Sidewalk Cafe--15th to 24th Streets) franchise agreement shall contain the following special requirements, which Rev.3/3/2020 12 shall control in the event of a conflict with any other provisions of the Resort Open Air Café Regulations: 1. Alcoholic beverages shall only be served with meals, and only in unbreakable drink ware; 2. The operator shall not permit persons other than patrons or employees of the establishment to enter the premises or to congregate therein, other than those patrons seated at tables provided by the establishment; 3. In the event a public safety official determines that the open air café should be closed earlier than the normal closing time for reasons of crowd control, unruly behavior either within the establishment or in nearby areas, or for other reasons related to preservation of public safety or public order, the operator shall close the open air café immediately or at such later time as directed by the public safety official, and the willful failure or refusal of any person to comply with such order shall be punishable as a misdemeanor, as provided by City ordinance; 4. The establishment must offer a full service menu (a copy of which shall be provided to the City Manager as part of the franchise application), and the open-air café may remain open only so long as all regular menu items served by the establishment are available to patrons; All tables and chairs shall be removed from the premises upon the close of business each day and stored inside the establishment, and the operator shall not permit the franchised area to be used for storage of furniture or equipment or for any purpose other than as an open-air café; 6. The operator shall not allow persons awaiting entry into the establishment or open-air café to form lines on the sidewalk,but shall admit patrons only from the inside of the establishment; and 7. The operator shall strictly comply with all fire,building, zoning, alcoholic beverage control, or health regulations in the operation of the open air café and the remainder of the establishment. Rev.3/3/2020 13 7.5.i Facade Review and Improvements: Prior to the consideration of any application for a Category E (Atlantic Avenue Sidewalk Café-- 15th to 24th Streets) franchise, the applicant must submit a preliminary concept of the proposed café, including photographs of the existing façade of the associated restaurant building and adjacent building façades, and architectural renderings demonstrating how the café will be integrated with the associated restaurant building's façade. 7.5.j The façade must be structurally sound and in good repair, and the proposed café and façade must be consistent with the Resort Area Façade Program Design Guidelines. 7.5.k The Resort Advisory Commission Design Committee will review the proposed café and the condition of the existing building façade and either(1) approve the preliminary concept or(2)provide the applicant with recommended changes for the proposed café, the façade or both. Only after the preliminary concept is approved will an application for a Category E franchise be considered under section 6.1. 7.5.1 The effective date of this subsection shall be January 1, 2006. No Category E franchise shall be granted or renewed for a term that extends beyond April 30, 2006, unless the franchisee has complied with the requirements of this subsection. 7.6 Category F— West of Pacific Avenue Café. 7.6.a The scale, proportion, material selection, and overall design of each of these Cafes shall be reviewed by City staff to ensure the café is compatible with the adjacent building, the street block face, and the overall goals of Resort Area development guidelines in effect at the time of application. 7.6.b Setback: Category F Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right-of-way. ADA minimum compliance of a 5' clear path may be considered based on actual site conditions. Pending review of specific café site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the café frontage which is nearest the curb or obstruction. 7.6.c Floor: The existing paving or sidewalk, if existing, shall be used for the café floor. New floor shall be a smooth clean permanent Rev.3/3/2020 14 surface as required by the Health Department. Material shall be appropriate for each given location, and shall be reviewed and approved on a site-specific basis. 7.6.d Awnings: Requests for canopies will be reviewed on a case by case basis, depending on location. 7.6.e Planting: Perimeter planter boxes are required; selection of planter boxes and plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area, and shall be properly maintained by the applicant at all times. 7.6.f Size: A Category F Café may not cover more than the frontage of the property of the operating business building. 7.6.g Given the close proximity of Category F cafes to residential neighborhoods, cafes shall remain open no later than midnight. Live or recorded entertainment shall not be permitted after 10:00 pm. SECTION 8. ADMINISTRATION AND ENFORCEMENT 8.1 Franchise Requirements In order to create a Resort Open Air Café on public property, the granting of a franchise agreement is required. Franchise Agreements shall be granted only after project data has been properly submitted by the Applicant, reviewed by City Staff and the Resort Advisory Commission, and approved by the City Council of Virginia Beach. The regulations herein are intended to establish the necessary criteria with which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. A Non-refundable fee of one-hundred dollars ($100.00) shall be paid to the City for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time application is filed. City Council may deny or grant a franchise subject to such terms and conditions as City Council may, at its discretion deem proper. Notwithstanding any other provision of law, City Council shall deny any franchise request it determines, at its discretion, to be detrimental to the public health, safety, and welfare or interest. Rev.3/3/2020 15 Upon approval of the Franchise Agreement, the Applicant shall satisfy Insurance requirements and Franchise Fees, as listed below, prior to beginning construction of the Cafe. 8.2 Submittal and Review Procedures Construction activity is prohibited on Resort Open Air Cafés between May 1 and October 1. Review and approval procedures require a minimum of 3 months; longer if changes to original plans are required. It is strongly suggested the Applicant begin the Café Franchise review process in November to allow sufficient time for approval procedures and construction completion before the May 1st deadline. 8.2.a Preliminary Review(Approximate review time— 1 week) 8.2.b Prior to submitting a Franchise Application, the Applicant shall review the RESORT OPEN AIR CAFE FRANCHISE REGULATIONS, herein, and submit Preliminary project information to the designated Resort Management Office representative(757-385-4800)to determine the feasibility of the project. The following are required for the preliminary review: 1. A Survey(if available) of the existing property. 2. A rough drawing showing the existing building outline, property lines, and proposed café location. 3. Photographs of the proposed café site, existing building farade(s), and adjacent property on each side. Data may be submitted in person, or by mail or email. If the project is deemed feasible, the Applicant will be instructed to complete a Café Franchise Application. 8.2.c Café Franchise Application (Approximate review time—4 to 8 weeks, plus time for revisions and resubmittal, if required) Applicant shall submit completed Café Franchise Application, along with the $100.00 Application Fee, to the designated Resort Management representative. Applications for café franchises will not be accepted after March 1, preceding the summer season of anticipated operation. No application shall be processed for the year in question that fails to meet the application deadline. Rev.3/3/2020 16 The following are required to be submitted, in triplicate (3 copies) along with the application, for review: 8.2.d Physical Survey: Sealed by land surveyor, no older than 90 days. Survey shall show all existing property lines, easements, buildings and other structures, to the curb line and/or edge of boardwalk/connector park, and including public sidewalk showing all obstructions such as light poles, trash receptacles, etc., for the length of the property across its street(or boardwalk/connector park) frontage. 8.2.e Photographs of the proposed café site, existing building facade(s), and adjacent property on each side. 8.2.f Proposed Site Development Plan, including Landscape Plan, where landscape is required. The site plan shall be prepared using a minimum scale of 1" = 10'-0" and shall show by name and dimension, proposed and existing walkway systems, and proposed Open Air Café, setbacks, minimum clear path on sidewalk between face of café and obstructions, access into café, and from café into attached restaurant,perimeter fence, and table/chair layout. 8.2.g Front& Side Exterior Elevations: Elevations shall be prepared using a minimum scale of 1/4" = I'-0" and shall show proposed café' and facade of existing structure directly adjoining the proposed café. A minimum of two elevations are required: one front elevation and one side elevation, dimensioned to show height of vertical elements. All materials shall be identified on drawings. 8.2.h Finish Schedule: Shall include all finish materials proposed for the Open Air Café construction including flooring, railing system, canopy and canopy supports, and proposed plant materials. 8.2.i Proposed Fixtures and Furnishings: Images of all proposed furnishings, including tables, chairs, umbrellas,planters, etc. 8.2.j A letter of support from the property owner(if the Applicant is not the property owner) for the café addition. 8.2.k Upon receipt of the complete Application package, the Resort Management Office will forward a copy to the Planning&Design Review subcommittee(PDRC) of the Resort Advisory Commission(RAC) for review and comment at the next scheduled meeting. The Resort Management Office representative will assist Rev.3/3/2020 17 the Applicant in establishing a review date and time. The Applicant(or representative designated by the Applicant) is encouraged to attend the review session and to bring other supporting drawings, images, etc., if desired. 8.2.1 Upon successful completion of the review, the PDRC will recommend approval and/or provide written review comments indicating required revisions. The recommendations will be forwarded to the next scheduled meeting of the Resort Advisory Commission for a vote to support the Application. If supported, The RAC will convey this recommendation to the City Council. The Resort Management Office Representative will request that the City Attorney's Office draft an agenda request and ordinance for City Council's approval or denial of the Cafe Franchise Agreement. 8.3 Permits and Inspections Review(Approximate approval time—2 to 4 weeks) 8.3.a If the Café project is supported by the RAC, the Applicant is encouraged to submit drawings to the Virginia Beach Department of Permits and Inspections to determine review and permitting procedure. 8.3.b Applicant will be required to submit drawings and payment of required review fees. Permits and Inspections will review the plans to determine compliance with applicable Building Codes, and will notify applicant the level of review required. Once approved, the building permit will be held pending approval or denial of the café Franchise agreement by City Council. If approved by City Council, applicant may obtain required building permit and any required right of way permit. 8.3.c Approval of the Health Department and (when applicable) the State of Virginia Alcoholic Beverage Control Board is required for operation Note: Cafes connected to a hotel/motel may be required to install a fire suppression sprinkler system if side curtains are installed. Confirm requirements with Permits and Inspections. 8.4 Insurance and Fees 8.4.a Applicant will provide liability insurance coverage not less than one million dollars ($1,000,000) for personal injury and property damage as required. Rev.3/3/2020 18 8.4.b The franchise fee is to be determined on a gross square foot basis/per year, payable to the City of Virginia Beach no later than May of the year in effect. The fees are as follows: Category A: Boardwalk Café Category B: Connector Park Café Category C: Atlantic Avenue Sidewalk Café Category D: Atlantic Avenue Side Street Café Category E: Atlantic Avenue Sidewalk Cafe-15th to 24th Streets Category F: West of Pacific Avenue Café 2018 2019 2020 2021 2022 Category A 10.30 10.61 10.93 11.26 11.60 3% ** Category B 8.83 9.09 9.36 9.64 9.93 3% ** Category C 7.35 7.57 7.80 8.03 8.27 3% ** Category D 5.90 6.08 6.26 6.45 6.64 3% ** Category E 7.35 7.57 7.80 8.03 8.27 3%** Category F 5.90 6.08 6.26 6.45 6.64 3% ** **3%increase each year thereafter 8.4.c Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars ($10,000) as determined by the Public Works Department and the Resort Management Office. 8.5 Enforcement 8.5.a The franchise period shall be for one (1) year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes, an extension of the franchise may be authorized by the City Council for up to an additional five(5) year period. 8.5.b During the period in which the franchise is in effect, the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement, and is authorized to suspend the agreement if there is a violation of the agreement. Rev.3/3/2020 19 8.5.c In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four(24) hours and a maximum of ten (10) calendar days to remedy its non- conformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City,by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. 8.5.d No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the café area. 8.6 Revocation of Franchise: The franchise agreement shall provide that a Cafe franchise may be revoked by the City Manager whenever the City Manager determines that one of the following conditions has occurred 1. The owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; 2. The owner or operator of the establishment has been assessed a civil penalty for violation of any fire,building, zoning, alcoholic beverage control, or health regulation arising from the operation of the establishment; 3. The presence of the open-air café is causing or contributing to a deterioration of the quality of the pedestrian experience or general environment in the area; 4. The open-air café is in violation of any material term of its franchise agreement or the Resort Open Air Café Regulations; or 5. The operator has failed to comply with an order of a public safety official of the City directing that the open-air cafe be closed, as provided by Section 5.5.N (3) of the Resort Open Air Café Regulations. 8.6.a The franchise agreement shall also provide that the City Manager may suspend the owner or operator's privilege to operate the open air café under the franchise pending a final disposition of any criminal charge, alcoholic beverage control violation, or civil infraction arising from the operation of the establishment. 8.7 Effect of Revocation of Franchise: The franchise agreement shall provide that, upon revocation or suspension of a franchise by the City Manager, the owner or operator shall immediately cease operation of the Rev.3/3/2020 20 open air café and shall remove all tables, chairs and other items located on City property within twenty-four(24)hours of the revocation or suspension. As provided by City ordinance, the failure of the owner or operator to comply with the order of the City Manager revoking or suspending a franchise shall punishable as a misdemeanor. The franchise agreement shall authorize the City Manager to remove or contract for the removal of any tables, chairs,barriers and other items encroaching upon City property and charge the costs thereof to the owner or operator, which costs may be collected as real estate taxes are collected. SECTION 9. DEMOLITION 9.1 If applicant is required to demolish or remove café or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. Rev.3/3/2020 21 78 ITEM— VILK.6 ORDINANCES/RESOLUTIONS ITEM#70160 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE and ACCEPT the dedication of 1.7 acres (+/-) at 4549 Revere Drive from Salem Woods Civic Association,Inc. re public park Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DEDICATION OF A 1 .7- ACRE 3 (±) PROPERTY LOCATED AT 4549 REVERE DRIVE 4 (GPIN: 1475-37-8501) FROM SALEM WOODS CIVIC 5 ASSOCIATION, INC. FOR A PUBLIC PARK 6 7 WHEREAS, the City of Virginia Beach Parks and Recreation Department desires 8 to provide citizens with opportunities to access open space and park amenities throughout 9 the City; to 11 WHEREAS, the Salem Woods Civic Association, Inc. owns a 1 .7-acre (±) parcel 12 of land located at 4549 Revere Drive (the "Property") and desires to dedicate the Property 13 to the City for use as a public park; 14 15 WHEREAS, the Property will provide a new public park to an underserved 16 neighborhood, which will be developed with recreational amenities as funding becomes 17 available for new infrastructure; and 18 19 WHEREAS, the acceptance of the Property would promote the City's goals to 20 provide open space to its citizens. 21 22 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 23 VIRGINIA: 24 25 1 . That the City Council authorizes the acceptance of the dedication of the 26 Property by the Salem Woods Civic Association, Inc. 27 28 2. That the City Manager or his designee is further authorized to execute all 29 documents that may be necessary or appropriate to accept the dedication of the Property 30 and including such terms and conditions as may be acceptable to the City Manager and 31 in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the 3 r d day 34 of March , 2020. CA14641 R-1 PREPARED: 2/20/20 APPROV AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: PUBLIC WORKS, EA ESTATE CITY TOR APPROVED AS TO CONTENT: PA KS & ER CREATION 79 ITEM— VILK.7 ORDINANCES/RESOLUTIONS ITEM#70161 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SUPPORT Limited Access Fence Modifications for VDOT's I-264/Lynnhaven Parkway Interchange re install Lynnhaven Business District gateway sign as part of CIP #9-028 "Lynnhaven Parkway Corridor Improvements" Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 1 A RESOLUTION TO SUPPORT LIMITED ACCESS 2 FENCE MODIFICATIONS FOR VDOT'S 1-264 / 3 LYNNHAVEN PARKWAY INTERCHANGE FOR CIP 4 #9-028, "LYNNHAVEN PARKWAY CORRIDOR 5 IMPROVEMENTS" 6 7 WHEREAS, the City of Virginia Beach is currently engaged in the final stages of 8 design for improvements to the Lynnhaven Parkway corridor from 1-264 to Holland Road; 9 10 WHEREAS, the City of Virginia Beach is requesting approval from the Virginia 11 Commonwealth Transportation Board to modify the limited access control line along the 12 west side of Lynnhaven Parkway as depicted in the attached map, Exhibit A, and sign 13 rendering, Exhibit B, which are incorporated herein, to allow for a Lynnhaven Business 14 District gateway sign to be erected; 15 16 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 17 VIRGINIA, THAT: 18 19 1. The City Council hereby supports and endorses the revision to the limited access line 20 along the west side of Lynnhaven Parkway, which must be made to install a 21 Lynnhaven Business District gateway sign as part of CIP #9-028, "Lynnhaven 22 Parkway Corridor Improvements." 23 24 2. The City Manager is hereby authorized to execute on behalf of the City of Virginia 25 Beach all necessary limited access control change documents and letters of support 26 required by the Commonwealth Transportation Board or the Virginia Department of 27 Transportation consistent with this resolution. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r a day of March , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r ( 4 Via _ _- Stra egic Growth Area Office ey's Office CA14997 R-1 February 17, 2020 80 ITEM— VILK.8 ORDINANCES/RESOLUTIONS ITEM#70162 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $528,172.50 of insurance proceeds to CIP #2-022 "Major Bridge Rehabilitation II" re reimburse expenses incurred due to damage to the Pungo Ferry Bridge fender Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 1 AN ORDINANCE TO APPROPRIATE INSURANCE 2 PROCEEDS TO CIP #2-022, "MAJOR BRIDGE 3 REHABILITATION II" 4 5 WHEREAS, the City received insurance proceeds resulting from a barge 6 damaging Pungo Ferry Bridge. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA, THAT: 10 11 $528,172.50 in insurance proceeds are hereby appropriated to CIP # 2-022 "Major 12 Bridge Rehabilitation II" for reimbursement of expenses incurred due to damage to the 13 Pungo Ferry Bridge fender. Adopted by the Council of the City of Virginia Beach, Virginia on the 3 r d day of March , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )/ J I' ffi Budget nd Management Services City Attor ey's ce CA15001 R-1 February 18, 2020 81 ITEM— VII.K.9 ORDINANCES/RESOLUTIONS ITEM#70163 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $1,000 from Families Forward Virginia to FY2019-20 Public Health Department Operating Budget re purchase welcome resource bags to participants in the Healthy Families Program Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION FROM FAMILIES FORWARD VIRGINIA FOR 3 THE HEALTHY FAMILIES PROGRAM 4 5 WHEREAS, Families Forward Virginia has made a $1 ,000 donation to support the 6 Virginia Beach Public Health Department's Healthy Families Program; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That $1,000 is hereby accepted from Families Forward Virginia and appropriated, 12 with estimated revenue increased accordingly, to the FY 2019-20 Operating Budget of 13 the Virginia Beach Public Health Department for the purchase of welcome resource bags 14 to participants in the Healthy Families Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of March 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budge and Mana ement Services or ey's ffice CA15002 R-1 February 19, 2020 82 ITEM— VILK.10 ORDINANCES/RESOLUTIONS ITEM#70164 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $4,078,031 from CIP #8-042 `Replacement for the Rudee Inlet Dredge"and APPROPRIATE$549,636 in fund balance of the DEA Seized Assets Special Revenue Fund to CIP#3-122 "Police Department Helicopter"re purchase of helicopter with manufacturer savings Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 1 AN ORDINANCE TO TRANSFER FUNDING FROM CIP 2 #8-402, "REPLACEMENT FOR THE RUDEE INLET 3 DREDGE," TO CIP #3-122, "POLICE DEPARTMENT 4 HELICOPTER," AND TO APPROPRIATE $ 549,636 IN 5 FUND BALANCE OF THE DEA SEIZED ASSETS 6 SPECIAL REVENUE FUND TO CIP #3-122 7 8 WHEREAS, the Fleet Management Division of the Department of Public Works has 9 the opportunity to complete the early acquisition of a helicopter for the Police Department, 10 which will replace a 1989 Bell 206 helicopter, by moving funds between capital projects 11 and appropriating fund balance from the DEA Seized Assets Special Revenue Fund; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA, THAT: 15 16 1. $4,078,031 is hereby transferred from CIP#8-402, "Replacement for the Rudee 17 Inlet Dredge," to CIP #3-122, "Police Department Helicopter." 18 19 2. $549,636 in fund balance of the DEA Seized Assets Special Revenue Fund is 20 hereby appropriated to CIP #3-122, "Police Department Helicopter," with 21 revenues estimated accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the '3rd day of March , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budg t and Management Services s Office CA14998 R-2 February 25, 2020 83 ITEM-VII-L.1 PLANNING ITEM#70165 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of PRINCESS ANNE/WITCHDUCK ASSOCIATES 1, LLC C/O ROBINSON DEVELOPMENT GROUP for a Conditional Use Permit re eating and drinking establishment with drive-through window at 5161 Princess Anne Road DISTRICT 2-KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PRINCESS ANNE/ WITCHDUCK ASSOCIATES 1, LLC C/O ROBINSON DEVELOPMENT GROUP for a Conditional Use Permit re eating and drinking establishment with drive-through window at 5161 Princess Anne Road(GPIN)DISTRICT 2-KEMPSVILLE The following conditions shall be required: 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "ILLUSTRATIVE SITE PLAN," prepared by Kimley Horn, dated November 8, 2019. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The maximum deviation minimum front yard building setbacks for the proposed buildings shall be as follows: 5,300 sf building 30 feet from Princess Anne Road 30 feet from South Witchduck Road 9,800 sf building 190 feet from Princess Anne Road 190 feet from South Witchduck Road 170 feet from Singleton Way 3,800 sf building 35 feet from South Witchduck Road 30 feet from Singleton Way 3. At the time of Site Plan review, a Landscape Plan that reflects Category I landscape buffer between the drive-through lane and the rights-of-way, in addition to all plant material required by the City Zoning and Site Plan Ordinances,shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. The drive-through facility shall not utilize exterior speakers that are audible from any property line adjacent to residential uses. March 3, 2020 84 ITEM—VII-L.1 PLANNING ITEM#70165 (Continued) 5. The drive-through facility shall be located on the same parcel as the structure within which the principal use for the drive-through is located. 6. The drive-through shall not operate between the hours of 12:00 midnight—5:00 a.m. 7. The drive-through facility shall be restricted to one(1)lane. 8. There shall be no signs for the drive-through facility on the building or site, with the exception of directional signs not visible from the public rights-of-way. Such signs shall not be internally illuminated. 9. An overhead canopy for the drive-through facility shall be allowed, except that such canopy shall not project more than four (4)feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1)foot on each side. In no case, however, shall a drive-through facility have an overhead canopy that extends to cover the total length of the drive-through lane. 10. The architectural design shall conform to the purpose and intent of the Historic Kempsville Area Master Plan. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 3`d day of March Two Thousand Twenty. Voting: 11-0 Council Members Voting Aye: Jessica P.Abbott, Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,Louis R.Jones,John D.Moss,Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None March 3, 2020 LI ii_ 1 a ''�+�.�-„-- --- --- ---k11, ).- -------: - ... --- ----L-L---- ..... �� F 1 T: ------ ------- intitiiiek..T-::-'' 11 1 ';',/ :'' / 17/ ., .-- . '4 11 El il ' ' il I, B-4/c--/"' ler 1 . ----- / / / ' ' ,---f ,- L 'I, -4K r '-'1_____) — — r/ i ),,i /, ' me i / >/\ LO?) Jr B_2 B-4K :II :` s a 1116, ii,/ .. i / 1 Ill /: . e( i k l I / 4% 4 il , ,,,. -,,,, - / 'I k o ' -'...%---,-* ----- '''''''''' '''''''-------"":-.- -----,____------,C2------9-__,_.--....„.1-:----",-I' il „_.._::,,, • -___„:-_-___ _ / , - of ,`ate- ---y _�- ,, I� k 4e.',, ,;., ir---,,,,,,...::,,_„,....... _-.--...„__________ Legend ��� Site Princess Anne/Witchduck Associates 1 , LLC c/o 0 Zoning Robinson Development Group Parking Lot Drive Aisle 5161 Princess Anne Road 0 2s s0 100 150 200 t v. TV Building 85 ITEM VII-M. APPOINTMENTS ITEM#70166 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CITIZENS COMMITTEE ON BOARDS AND COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD March 3, 2020 86 ITEM VII-M. APPOINTMENTS ITEM#70167 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: SANDRA ROBERTS BRIAN GADSBY Unexpired term 3/3/2020- 6/30/2021 2040 VISION TO ACTION COMMUNITY COALITION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Rouse noted verbal Aye due to a malfunction with voting system. March 3, 2020 87 ITEM VII-M. APPOINTMENTS ITEM#70168 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CARTER SINCLAIR Unexpired term 3/3/2020- 6/30/2022 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Rouse noted verbal Aye due to a malfunction with voting system. March 3, 2020 88 ITEM VII-M. APPOINTMENTS ITEM#70169 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MICHAEL F.BERLUCCHI BARBARA M.HENLEY (City Council Liaisons) CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Rouse noted verbal Aye due to a malfunction with voting system. March 3, 2020 89 ITEM VII-M. APPOINTMENTS ITEM#70170 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: KIMBERLYMELNYK TRENACE RIGGS (Represent School Board Members) No Term IN-HOUSE PHARMACY EXPLORATORY COMMITTEE Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Rouse noted verbal Aye due to a malfunction with voting system. March 3, 2020 90 ITEM VII-M. APPOINTMENTS ITEM#70171 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: WILLIAM GAMBRELL Unexpired term thru 12/31/2021 RESORT ADVISORY COMMISSION Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: None *Council Member Rouse noted verbal Aye due to a malfunction with voting system. March 3, 2020 91 ADJOURNMENT ITEM#70172 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:53 P.M. r Terri H. Chelius Chief Deputy City Clerk Amanda Bar es, MC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia March 3, 2020 92 OPEN DIALOGUE The following registered to speak: Michelle Rilee, 3675 Hill Breeze Road, Phone: 805-0605, did not respond Brandon Fisher, 4580 Marlwood Way,Phone: 419-8031, spoke regarding problems with short term rental in his neighborhood Monique Bland, 4212 Thalia Station Circle, Phone: 235-8782, spoke regarding gun laws and recent fatal shooting of a Green Run High School student Barbara Messner, P. O. Box 514, spoke regarding governance James Lanceliotti, 5988 Jake Sears Circle#201,Phone:201-403-7950,spoke regarding pro-life legislation Sabrina Brown, 1900 Greer Street, Portsmouth, VA, Phone: 990-2022, spoke regarding decorum of City Council Meetings ADJOURNED at 8:10 P.M. March 3, 2020