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JUNE 16, 2020 FORMAL SESSION MINUTES rt-80. 'ogee _ eE OF OUq Nit�•I VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia June 16, 2020 Mayor Robert M.Dyer called to order the CITY MANAGER'S BRIEFINGS in the City Council Chamber, City Hall, Tuesday,June 16, 2020, at 1:32 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: None 2 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINLA—PHASE H ITEM#70362 1:32 P.M. Mayor Dyer welcomed Cynthia Whitbred-Spanoulis,Director— Virginia Aquarium, Eva Poole,Director— Libraries and Michael Kirschman, Director—Parks and Recreation. Mrs. Whitbred-Spanoulis expressed her appreciation to City Council for their continued support. c. ,,,,, AQUARIUM s I r WAVE June 16,2020 RE-OPENING PLAN (�yn sthaspanouIis The Virginia Aquarium will re-open to the public on June 19th: • We are welcoming our guests back in waves. • The Virginia Aquarium will take the first steps to reopen and welcome guests back starting June 19. • The health and safety of our guests,staff,volunteers, and animals are our top priority. • With this is mind,we've established some important and temporary changes before reopening. 2 June 16, 2020 3 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA —PHASE II ITEM#70362 (Continued) Here are some of the New or Changing message points being shared through social media, email, newsletters, and on the website: OVERALL WHAT IS NEW OR CHANGING? Tickets Timed One-Way Temporary Purchased Tickets Path Thru Experience 6 Foot Online Only 300very Mins Aquarium Changes Distancing Guests,Staff Additional 1 - 2 pm Limited Touch-Free &volunteers SanitizingAdditional Capacity Processing Wearing Face Coverings Stations Cleaning wog.: M 3 The next three (3)slides provide an overview of what is "New or Changing": OVERALL WHAT IS NEW OR CHANGING? • The Aquarium will be open 9 am to 6 pm daily(9-loam for members only) • Online reservations/timed tickets create a touch-free payment process • Visitor attendance limited with timed tickets • Guests 10+, staff and volunteers required to wear face coverings • Signage to help maintain six-foot distances throughout the Aquarium 0 wc,u uM 4 June 16, 2020 4 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA —PHASE II ITEM#70362 (Continued) OVERALL WHAT IS NEW OR CHANGING? • One-way paths throughout the Aquarium, including exhibits • Additional hand sanitizing stations around the Aquarium • Increased sanitation procedures for high-contact surfaces in the Aquarium • No entry from 1 - 2 pm each day for thorough cleaning and sanitization • Additional,temporary gift store in Promenade Room ACUA•IUM CJ WHAT EXPERIENCES WILL BE DIFFERENT? No BE SRFE.BON!FORGET No SummerCafé& Camps or Behind-the SIT SEFPSWI Giant Screen Snack Stand Scenes Tours School or Scheduled EA r' rII I,i Theater Temporarily Programs Animal JJ il0i rJJLII Closed Closed On-site Feedings j.o 6 June 16, 2020 5 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA —PHASE II ITEM#70362 (Continued) Here are examples of the new Safety Signage: SAFETY SIGNAGE YOU CAN EXPECT TO SEE SANITATION STATION FOR YOUR SAFETY REMEMBER TO: tfEti # # •KEEP 6 fT APART ON SANDBAR SHARKS ORE 6 FEET LONE. 86. •WASH YDB6 BANDS •`. STAY A$HARK APART! ONE WAY MI •WEAR A FACE COVERING �RIUM 7 SAFETY SIGNAGE YOU CAN EXPECT TO SEE 0U NOT TOUCH OR CLIMB CAUTION BE SAFE,DON'T FORGET Ck HIGH-CONTACTAREA �o WASH YAllR Y FINS! 8 June 16, 2020 6 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) One of the biggest changes is the entire exhibit gallery will be one way: WHAT DOES OUR ONE-WAY PATH LOOK LIKE? _- uu :, .' _ ONE WAY ". : �. ', i p I ' w BE SAFE.DON FORGET . It .., .., JUST KEEP ININIIIN 0® 4 9 The ticketing process has been updated to accommodate timed entry, with up to 100 guests admitted every half hour: NEW TICKETING PROCESS • Tickets must be purchased online,and are RESERVE YOUR TIME NOW available for purchase in 3 week increments. Dufi ,HAst yo • Arrival time&date will be added to each guests'ticket TICKETS ONLINE • Guests can show their tickets on their phone oo or print their tickets at home. ° • Re-entry options will be eliminated due to timed ticketing and limited capacity *a .«."» 10 June 16, 2020 7 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) MARKETING & ADVERTISING Here are samples of the digital advertising: ADVERTISING CREATIVE GthWikie-vgiFACE C11.0.10 Ana Iv ISMS KOU R 0 annacosAQUAR 9/c AaY.::;1). 12 June 16, 2020 8 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) Here are examples of the ads on Social Media and Website: SOCIAL MEDIA&WEBSITE THIStZT ,'% ` ' FACE THIS'aA. &N Members-Only UU� t FACE June 15-18 i�► Opening 40` � June 19! E,, Now Open AouAPIur 13 MEMBER MAILER THIS MV WERE OPENING P° eRl/g NlyT 9 0 a ur an ../J 04_ JUNE 15 2020 FAco Members-Only 3 +..,e..r.....�.r....- Norning Hours 4 %ay 6 =-- 40, ff.°. Stood, Tlckers.VkghgaAQu..,.. nm _ *Aoulxiur 14 June 16, 2020 9 CITY MANAGER'S BRIEFINGS • COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) A New Procedures Infographic and Video will inform guests of the temporary changes: NEW PROCEDURES INFOGRAPHIC &VIDEO WE'VE MARE SOME TEMPORARY , CHANGES M SAFETY V TICKETS MUST BE PURCHASED ONEWE. v 1M:Rs1N i♦ AQUARILIN p At WHIP CAT AUMY*WROTE 4. _- - SANITIZING TOUCH IPII HAS WAY PATH .: I STAY R ° W1comeSHARK i... back! �1 FOR YOHR Aw �:w�`:I%�;��QA AH https:/Zvoutu.be/kE419nnagVs C. SAFETY ♦TRAM YOU FOR YOUR SUPPORT, GAQUARIUM 15 x+s WELCOME BACK! E'RE SO HAPPY TO SEE YOU AGAIN! Mrs. Whitbred-Spanoulis turned the presentation over to Mrs. Poole to discuss re-opening plans for the Libraries. June 16, 2020 10 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE II ITEM#70362 (Continued) 11. itt 4 fir. e f 414 (71GINIA BEACH PUB"` REOPENING PLAN LIBRARY 1VNE 16.2020 Here are the Current Virtual Programs and Services: CURRENT SERVICES IBRARV VIRTUAL PROGRAMS AND SERVICES 1117 w _ o • Increased digital content and checkouts • Over-the-phone digital library card option • Live and on-demand online programs for all ages • Telephone&email reference xt • Auto-renew expired cards ,114'; • Suspend fines,fees �� J'1 - .d '41 LIBgjR:, June 16, 2020 11 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) The number of active digital users is up 20%and digital checkouts are up 43%from the same time as last year: COMMUNITY IMPACT '�h.IBRARV LIBRARY ACTIVITY DURING COVID-19 THROUGH MAY 31.2020 ry 14,059 141,367 52 111111 .114,0„. ACTIVE USERS DIGITAL CHECKOUTS DIGITAL PROGRAMS OFFERED 140mr rhea/alb iwd grill 6,064 302 3,527 CUSTOMER QUESTIONS NEW UBRARY PROGRAM VIEWS ANSWERED CARDS ISSUED Since April, staff members have used 3D printers and supplies to create 600 face shields for the City's first responders: 3-D PRINTING PPE �IBY VBPL began using 3-D printers to create face shields for CNs first responders 6r10 farr th kh pnntrd to datehe • • June 16, 2020 12 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) CLEANING & PROJECTS C VBPL staff cleaned and spruced up with buildings during the closure 401 110- Here are a few examples of Customer Feedback: CUSTOMER FEEDBACK COMM © FAQs 0 students Incretibler ''arch 31 - "when will you open.'' Thank you tor the atr6re posh 'When can we pickup our to keep us doing through this holdsr time! 1 lone miss the staff.' © a 9 am so thankful for digital books from VBPL" "• 'Bo'thankful for @vbplibrary for helping all of us parents out with story timer. June 16, 2020 13 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE II ITEM#70362 (Continued) Here is the Reopening Timeline: REOPENING TIMELINE t R 06/08/2020 Introduce material returns at automated drops at 7 of 10 locations 06/22/2020 Material returns at all locations tanatively Holds pldt ups:lobby&drive tttru•service at all except Law Library ee,.we.Ocs*e.s PIEs Anne a•eeiet 07/20/2020 Open Bayside,Central.Kempsvllle,Princess Anne,Law Library for select tentatrvcir services:resume full library card registrations 08/10/2020 Open all locations;offer limited In-person adult&teen programming tentatively TBD (fie;mo•c Inper-on programming.resume collection of fines&fees TBD Fully open,resume all services and programming Here are the key Safety Measures incorporated in the phased plans for reopening: SAFETY MEASURES LIBRARY Minimize opportunities for person-to-person contact•900 staff • Continue telework for some positions cad • Engage volunteers virtually until fully open • Continue following CDC guidelines for social distancing and sanitizing • Quarantine customer returns in meeting rooms for 72 hours 7.11.14 - • One customer at a time in lobbies t -17 • Sneeze guards added to customer service stations • Remove children's board books from the collection until fully reopen • Remove toys and interactive panels in children's areas • Cordon off high touch areas in branches until fully reopen • Posters and signage reiterating CDC guidelines for hand-washing and social distancing June 16, 2020 14 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) Guidance and coordination plans with the Communications Department is being developed to share and promote reopening details with the public: COMMUNICATIONS rBY With guidance from City of VB Communications Office SOCIAL MEDIA MESSAGES • Continued press releases and media relations 3/16-5/31/20 • Posters.signs and decals highlighting social In 314% distancing and sanitizing procedures • Daily social media engagement Mrssac7, 243%A. • Email&tent message updates to cardholders. RI MOUSE"` ' partners,volunteers EPLEASE-1 I Mit WAIT r L HERE his L i,,,.:,.. J �II)RARY QUESTIONS? Mrs. Poole turned the presentation over to Mr. Kirschman to provide details on re-opening plans for Parks and Recreation. June 16, 2020 15 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) i /I .‘ ' 1 111% ." )r...0,,,,- VIRGINIA BEACH �E—OPE\R9 June 16, PARKS& Michael Kirschrnan man Director ®RECREATION GUIDELINES Parks&Recreation The Recreation Centers will re-open following CDC, state and local guidelines: Virginia Beach Parks & Recreation will follow CDC, state and local guidelines _ — ' ' for a phased in re-opening of our seven community recreation centers. Our plan follows or exceeds Virginia Phase 2 Guidelines for Gymnasiums, Recreation Centers, Sports Facilities, and HOWEVER ... Exercise Facilities. PAR KS 8 RE CAE AT IAA June 16, 2020 16 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) The next two (2)slides provide an overview of Precautions: Precautions • All permitted activities will be by online ��C W• A'?� reservation only in 45 min or longer increments YYH / • Greatly reduced capacities for most areas � • Other areas remain closed • Increased cleaning and disinfecting procedures • 10-foot physical distancing enforced • • • Multiple entrances/exits as opposed to Thank you for practicing social distancing with us: single point of entry where available PARKs8 RECKEIIIM • Comply with all state and local regulations concerning COVID-19 • All staff must wear masks 3 %AI;K?:rFEEI:OS Heath Screenings O & More Precautions O • Patrons screened for COVID-19 symptoms prior to admission with questions • Required signage at all entrances regarding COVID-19 • CDC signage with public health reminders throughout the building • Hand sanitizer stations available throughout the building June 16, 2020 17 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) The next several slides provide the changes in operations and services: fi OPEN AREAS • Weight Rooms • Pools • Gymnasiums • Racquetball Courts • Multipurpose Group Exercise Rooms • Game Rooms (partial) • Restrooms PdAKS 8 P,rLP{6T CLOSED • Snack areas • Lobby seating areas-1p • Walking tracks & aquatracks • Sprayground at Williams Farm • Water play structures at indoor pools _.._ • Indoor playgrounds and large slides • Diving boards • Lockers, locker rooms and showers • Free weights • Williams Farm Teen Media Studio is a PLANS Z NILAEAtION June 16, 2020 18 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA -PHASE H ITEM#70362 (Continued) O NO • Drop-in child care I • Events / Parties / Room Rentals • High contact sports (basketball,volleyball, soccer) • Indoor specialty camps,special events, senior programming (i.e. Forever Young) • Therapeutic Recreation (virtual programs developed) PLO$b 3i CFi Ai Ok Pity lobby/Customer Service • Online reservations only for all activities • No in-person transactions rimeitooli • No new memberships sold • No membership cards will be scanned • Enhanced call center and email customer service • Written cleaning protocols • Maintain physical distancing PAAI:S&REM AIM June 16, 2020 19 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) Hours & Capacity Modified Operating Hours • M-F 6:30am - 6:30pm • Sat 9am - 5pm • Sun 11am - 5pm • Times may vary as we progress through phased reopening Reduced Capacity • Maximum occupancy varies by area and activity osmin Fitness Weight Room/Circuit Equipment/Cardio Equipment • Online reservations only • Maximum capacity 30% ...� • Max 45 mins per session • 15 mins of cleaning after each session • Written cleaning protocols • Some equipment will be blocked off or removed for distancing • 10-foot physical distancing enforced • Free weights,dumbells and all shared equipment will be unavailable 10 C.14;8 LCREA1:Ok June 16, 2020 20 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) 0 . Group Fitness ( • Online reservations only (�J • Available only to premier members • Maximum 30%capacity or up to 50 individuals provided 10-foot physical distancing possible • No shared equipment • Virtual fitness programs to continue Personal Training • Maintain 10-foot physical distancing PAW&RECPEA1.OA Gymnasiums • Online reservations only • 45 min or longer sessions (depending on activity);15 min cleaning • Written cleaning protocols • Maximum 30%occupancy Non-contact activities permitted • Pickleball, badminton, and table tennis Proposed Phase 2 prohibited high contact activities • No basketball,volleyball or soccer PARKS&RECREAT OR Kosmosao June 16, 2020 21 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA-PHASE II ITEM#70362 (Continued) Multipurpose Indoor Pool • Online reservations • Exercise or lap swim only • Swimming lessons phased in • VA max capacity - 3 swimmers per lane; start with 2 or 1 swimmers per lane • Max 45 min session • 15 mins of cleaning after each session • Water play structures closed • Written cleaning protocols PARKS 8,RECREATION Locker Rooms/Restrooms • Showers closed • Locker rooms and locker areas closed • Family changing rooms limited to household members only • Restrooms open • Hand washing encouraged • Maintain physical distancing • Written cleaning protocols PARKS RECKATiON June 16, 2020 22 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINL4—PHASE H ITEM#70362 (Continued) Here is, "The Launch": The Launch 0 • 1-2 weeks required to assure staff, supplies, training and communications are in place. , • Target opening date June 22. • Two facilities (Great Neck & Princess Anne) A will open for two weeks to identify and address any customer service or technology or traffic flow issues that may arise. • Remaining five facilities will open July 6 (pending any major issues that arise). PAPAS&P-[PEAi'71 emoso The Launch,cont'd • Members will be notified in advance by email of available activities and how they can make a reservation for accessing them. • A call center phone line will be available for members who need assistance or guidance in logging into their account. 11111,..S\ • Members can sign up online for an activity and time slot. Initially, they may reserve up to 3 activities per week Monday through Sunday. Registration will open on Friday at 9 am for reservations the following week. PARES&A_CFEAT,Y1 June 16, 2020 23 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA —PHASE H ITEM#70362 (Continued) Memberships are extended to compensate for the days centers were closed: What is the status of rec center FAQmemberships as a result of the closure? We are extending rec center memberships to compensate for the days that we are closed. We're taking care of the details behind the scenes, so there is no action needed on the part of the member. This is a manual process. Warren one perks and Recreation Department ann 1111 yox. Other Parks & Recreation Agencies ... DC area begins reopening.What you need to know that have already opened or plan to soon open their recreation centers are already More Myrtle Beach yaks,Wafts wpm Jun 1 ; g17.yOtur- «N utilizing (or planning to utilize) practices that we are proposing. Sr Charles County dog parks to reopen June 3 h.. ct �peh°°n me 1 Maev°nrn.avaManra,a wd June 16, 2020 24 CITY MANAGER'S BRIEFINGS COVID UPDATE RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE H ITEM#70362 (Continued) .. � . 4 Our patrons miss us! (& vice versa!) UV A.•. .- stay Safe& l� "We rusk fo, rd tr sec • • Mayor Dyer expressed his appreciation to Mrs. Whitbred-Spanoulis, Mrs. Poole and Mr. Kirschman for their presentations. June 16, 2020 25 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 2:20 P.M. Mayor Dyer welcomed Alice Kelly, Director and Kevin Kielbasa, Principal Accountant—Finance. Ms. Kelly expressed her appreciation to City Council for their continued support and turned the presentation over to Mr. Kielbasa: k4y 1 `ern -£ CARES ACT PROPOSED ALLOCATION Alice Kelly, Director Kevin Kielbasa, Princl.. Here are the Key Elements: _. ... ._...-... .. .. CARES Act - Coronavirus Aid, Relief, and Economic Security Act Key Elements r- Provided $2.2 trillion to support the government's response and hel.' businesses and individuals "Economic Stabilization Fund" Low-interest small business loans with potential forgiveness t Payments to individuals up to$1,200(subject to income limits) t Unemployment k An additional$600 per week for those receiving unemployment benefits through July 31 ==_ ► Up to 39 weeks of pandemic unemployment benefits through Dec. 31,202f June 16, 2020 26 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) CARES Act - Coronavirus Aid, Relief, and Economic Security Act ► Key Elements(coned) ► $150 billion for aid to state, local,and tribal governments ►Coronavirus Relief Fund(CRF) ► $30.8 billion Education Stabilization Fund ► $3 billion in flexible funding for states rim ► Offered temporary relief to banks and credit unions The Certification requirement has been completed: CARES Act: Treasury Guidance on CRF ✓ Key Provisions for State Et Local Governments/Recipients: r Use of CRF Funds -Section 601(d)of the Social Security Act r Qualifications: ► The costs incurred are necessary expenditures due to COVID-19 The expenditures were not accounted for in the budget most recently approved as of the date of enactment -= ► Expenses were incurred from March 1,2020 through December 30,2020 r Certification r In order to receive payment, local governments shall provide the Secretary a certification signed by the local government's Chief Executives that the use of funds are proper June 16, 2020 27 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) Here are the CARES Act directives: CARES Act: Treasury Guidance on CRF ► Code of Federal Register-Title 2 Part 200 ► Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards(Uniform Grant Guidance-UGG) ► OMB Memorandums M-20-11,M20-17,M20-21 ► Core Principles Mission Achievement J Expediency ;; Transparency and Accountability ;_ ► Treasury guidance/FAQ's issued on April 22,2020;May 4,2020;May 28,202 .-,I' ► . �T Provides explanation of: s,` u What are necessary expenditures"due to"the crisis? 441/ u What are"costs not accounted for in the most recent budget"? ler o What are costs"incurred"? CARES Act: Treasury Guidance on CRF What are necessary expenditures"due to"the crisis? Include costs to respond directly and to respond to"second-order effects"(e.g., providing support to those suffering from employment or business interruptions) • Funds may not be used to fill revenue shortfalls "Necessary"is based on the judgment of responsible government officials What are"costs not accounted for in the most recent budget"? rr_ Costs must be new;i.e.,were not included in a line item,within that budget or is for a substantially different use "Most recently approved"budget is the enacted budget Does not include subsequent supplemental appropriations made in response to COVID-19 What are"incurred"costs? Incurred when funds are expended to cover the cost June 16, 2020 28 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) The next three(3)slides provide Categories and Examples of Eligible Expenditures: CARES Act: Treasury Guidance on CRF ► Categories and Examples of Eligible Expenditures Medical expenses Hospitals,clinics and similar facilities Temporary medical facilities to increase treatment capacity Testing Emergency response expenses, including transportation - Establishing and operating public telemedicine capabilities CARES Act: Treasury Guidance on CRF ► Categories and Examples of Eligible Expenditures(cont'd) Public Health expenses . Communication and enforcement of public health orders Acquisition and distribution of protective supplies to police officers, social workers,child protective services,etc. Disinfection of public areas Quarantining individuals = _ Payroll expenses - - Public safety,public health, human services employees whose services are substantially dedicated to COVID-19 and other employees dedicated, to mitigating or responding to the public health crisis June 16, 2020 29 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) CARES Act: Treasury Guidance on CRF Categories and Examples of Eligible Expenditures(cont'd) 4 Compliance with Public Health measures expenses Food delivery to vulnerable populations(e.g.,senior citizens) Improvements to telework capabilities for public employees Paid sick,family and medical leave to public employees Care for homeless populations Economic support expenses Expenditures related to provisions of grants for small businesses to reimburse the costs of business interruption caused by required closures Unemployment insurance costs(if such costs not covered by other parts of the CARES Act or otherwise) Other expenses - Any other expense reasonably necessary to the function of government that meet the eligibility criteria Here are Examples ofIneligible Expenditures: CARES Act: Treasury Guidance on CRF. Examples of Ineligible Expenditures Expenses for the state share of Medicaid - Damages covered by insurance Payroll or benefits for employees not substantially dedicated to responding to COVID-19 Expenses reimbursed by other parts of the Act Workforce bonuses other than hazard pay or overtime Severance pay June 16, 2020 30 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) Here are Select Q&A from the Coronavirus Relief Funding(CRF)FAQs dated May 28, 2020: CARES Act: Treasury Guidance on CRF Select Q&A from the CRF FAQs dated May 28, 2020 ► Do governments have to return unspent funds? Yes, for funds that have not been used on costs incurred by December 30, 2020 ► May funds be used to provide emergency individual assistance 4 u Yes, if a government determines such assistance to be a necessary expenditure ► May Fund payments be used to assist impacted property owners with the payment of their property taxes? No ► May recipients use Fund payments to cover employment and training programs for employees that have been furloughed due to the public health emergency? .I Yes, this would be an eligible expense if the government determined that costs of such employment and training programs would be necessary. public health emergency. Mr. Kielbasa turned the presentation over to Ms. Kelly. Virginia Beach CORONAVIRUS RELIEF FUNDING (CRF) �vA June 16, 2020 31 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) Here are the Considerations: CITY OF VIRGINIA BEACH Considerations s Revenue Impacts still uncertain ► Future expenses are estimated ► Determining eligibility and gathering/analyzing documentation ► Length of economic crisis s Additional Guidance is still forthcoming A: • Here is the planned Approach: CITY OF VIRGINIA BEACH Approach Determine current and estimated City expenditures Review with other localities, attorneys and auditors to assist in interpreting guidance and best practices Develop framework for appropriation to allow for contingencies and some flexibility but to meet spending deadlines Continual planning and revisions will be needed June 16, 2020 32 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) Here is the CARES Funding Awarded to Date: CITY OF VIRGINIA BEACH CARES FUNDING AWARDED TO DATE CARES-CRF-Local funding T $39.3 Million CARES-HUD-Housing Assistance 3.5 Million CARES-Schools Elementary and Secondary School 10.1 Million Emergency Relief(ESSER)Fund (portion to private schools) Here is the Recommended Timeframe: CITY OF VIRGINIA BEACH Recommended Timeframe ► June 30 - Accept$39.3 million of revenue - Based on City Council approval, appropriate$29.3 million for expenses and relief programs though Sept 30; Place$10 million in reserves for later date Add Federal Expenditures to SEFA for external audit Create/maintain CARES website Mid -September Review FY 2020 revenues and actual C0VID19 expenses Determine expenses and further relief programs needs Appropriate remaining$10.0 million ✓ By Dec 30 Pay for eligible expenses Return any unused funds to State June 16, 2020 33 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) Here are CARES Funding Estimated Expenditures Eligible for Reimbursement: City of Virginia Beach _ CARES Funding Estimated Expenditures Eligible for Reimbursement wry Estimated thru Estimated March thru May 30 December 30 Total 1 Medical Expenses(COVID Testing, Supplies) $ 70,187 S - $ 70,187 2 Public Health Expenses(PPE, Disinfection,Quarantining) 389,405 12,775,120 13,164,525 3 Salaries 2,167,490 1,000,000 3,167,490 4 Compliance with Public Health Measures(Inmate,Homeless, Telework) 1,381,123 2,875,172 4,256,295 5 Economic Support-new - 17,500,000 17,500,000 6 Contingency/other 450,000 6 0,00Q 1,1013.00Q $ 4,458,205 $ 34,800,292 S 39,258,497 CARES Funding-Estimated Expenditures by Type (lconomi: -%v Compliances`- Medical 10.8% Other Expenses 28% 0.2% June 16, 2020 34 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) Here is an overview of the Appropriation Timing: Appropriation Timing Category From 6/30 From 10/1 Total to 9/30 to 12/30 Medical Expenses(COVID $ 70,187 $ _ $ 70,187 Testing,Supplies) P i Dis r. 'n,Qua Salaries 2,367,490 800,000 3,167,490'• Compliance with Public Measures(Inmate,Homeless, _-- Telework) Economic Support-new 14,500,000 3,000,000 17,500 000t• '-r Contingency/other $29,258,497 $ 10,000,000 $ 39,258,49 t Here are the Economic Development Support Programs—Individual Relief 4 Economic Development Support Programs - Individual Relief ► Assistance Programs managed by COVB ► Housing ► Utility Assistance ► Human Services ► Workforce Training J Work with TCC and VWU to assist residents facing long term furlough with re- tooling for sectors in our community • Program will run out of the HIVE in Town Center so training can be integrated with Small Business Assistance and Recovery efforts I, Non Profits Same process as Community Organization Grants Provide support to Non-profits that support COVID relief • Total CARES Funding for Individual Relief-$8.3 million June 16, 2020 35 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) Here are the Economic Development Support Programs—Business Relief Economic Development Support Programs Business Relief Small Business Personal Protective Equipment(PPE) Purchase of PPE by businesses ❑Cover Unexpected costs for businesses for PPE ❑Receipts required ► Adapting Workspace for Businesses r=. o Adapting workspace to accommodate new safety requirements Money would be awarded based on costed construction - documents. It would be paid on submission of receipts or paid invoices. e Total CARES funding for Business relief- $9.2 million Economic Support for COVID - City and CARES CARES- Ci�t l CARES-CRF HUD/Other Total Individual Taxpayer Assistance $ 2,000,000 $ - $ - $ 2,000,000 Human Services - 3,000,000 - 3,000,000 Public Utilities 4,000,000. 1,000,000 5,000,000 Housing 500,000 4,600,000 5,100,000 Workforce Training 2,000,000 - 2,000,000 Non profits - 1,800,000 1,800,000 Meals tax holiday 3,000,000 - ---- ---3,000,000 Total Individual Relief $ 9,000,000 $ 8,300,000 $ 4,600,000 $ 21,900,000 Business F EDIP Rent Utilities ! 1,500,000 - 1,500,000 Small Business PPE 3,000,000 3,000,000 Y Adapting workspace - I 6,200,000 6,200,000 _ Total Business Relief 1,500,000 9,200,000 - 10,700,000 22 Total Economic Support $ 10,500,000 $ 17,500,000 $ 4,600,000 $ 32,600,000, June 16, 2020 36 CITY MANAGER'S BRIEFINGS CARES ACT ITEM#70363 (Continued) Here are the Next Steps: Next Steps ► By June 30 ►Public Hearing on June 23 ►Based on City Council's approval,appropriate$29.3 million for expenses a • programs though Sept 30 by category ►Add Federal Expenditures to SEFA for audit ►Create website www.vbgov.com/government/departments/finance/cares-act/Pages/detautt.asox ► By mid-September ►Review FY 2020 revenues and actual COVID19 expenses • • ► Determine expenses and further relief programs needs ►Appropriate remaining$10 million I. By Dec 30 • ► Pay for eligible expenses/Return any unused funds to State Mayor Dyer expressed his appreciation to Ms. Kelly and Mr. Kielbasa for the presentation. June 16, 2020 37 CITY COUNCIL COMMENTS ITEM#70364 3:06 P.M. Council Member Moss expressed his appreciation to the stafffor gathering all of the requested information regarding the Thalia Best Maintenance Practices(BMP). Council Member Moss reviewed the August 2018 inspection report and noted the list of discrepancies where no action has been taken. Council Member Moss advised having regulations and policies do not make a difference if they are not enforced. Council Member Moss believes there are more non-compliance issues and suggested having a third party investigate all of the BMPs for compliance. Council Member Henley advised the ability to oversee BMP maintenance requirements needs to be investigated. Council Member Rouse advised Mr. Clark, who resides in Seatack, had issues with the BMP near his home and still does not have a remedy. June 16, 2020 38 CITY COUNCIL COMMENTS ITEM#70365 (Continued) Council Member Moss advised there is a citizen survey for feedback on the Comprehensive Plan and believes City Council should review the survey questions before it is distributed as he feels the questions are misleading and posed for premeditated responses. June 16, 2020 39 CITY COUNCIL COMMENTS ITEM#70366 (Continued) Council Member Rouse advised he recently spoke with civic and faith leaders, as well as Acting Chief Zucaro, regarding a major concern with the civil unrest taking place in the City as well as the country. The discussion focused on solutions to move beyond bias perceptions and get back to the feelings many felt during and after Something in the Water Festival. Council Member Rouse advised the group is requesting support for their organic campaign of"Listen, Learn, Love" to show the City is open and values black lives. Council Member Tower advised he attended the same meeting and the group's strategy is to acknowledge the long-standing issue concerning how black citizens perceive their place in society. The group wants to engage more people/businesses and hold a symbolic event at the Ocean Front, conceived as an open arms across the beach kickoff event with artwork being distributed through media outlets with the theme of "Listen, Learn, Love—Black Lives Do Matter". Council Member Tower advised the intent is to rebrand the City as a City of diversity, openness, and inclusion. Council Member Tower advised the group will hold forums to discuss the City's historical issues and will partner with local media and diversity professionals. Council Member Tower advised the group will come before City Council and is proud to support and encourage their efforts. June 16, 2020 40 CITY COUNCIL COMMENTS ITEM#70367 (Continued) Council Member Wooten advised she will host a virtual Ignite Business Seminar on June 20`h from 9-12:30 p.m., which will focus on essential resources to assist businesses recover from the impact of COVID-19. Council Member Wooten advised Congresswoman Elaine Luria and Mayor Dyer will also participate. Council Member Wooten expressed her appreciation to Cox Communications who is a sponsor of the seminar and invited anyone interested to participate. June 16, 2020 41 CITY COUNCIL COMMENTS ITEM#70368 (Continued) Council Member Rouse advised he believes everyone is aware of the concerns regarding confederate statues and monuments around the country and believes the City has an opportunity to show others how to best handle this issue civilly with historical value. Council Member Rouse advised he has spoken to people on both sides of this issue and believes there is consensus to remove the City's confederate statue and move it to private land. Council Member Wilson advised she has been working on this issue all week and believes Council Member Henley can provide more information on the specific site. Council Member Wilson advised she is hopeful that the plan to move the statue will bring two very diverse groups together. Council Member Wilson advised the Sons and Daughters of Confederate Soldiers is a group who is interested in having the statue and will go through the process designed to determine who will have the statue. Council Member Wilson explained the process includes a public hearing and then there will be a thirty (30) day period for advertising to any group interested in the statue before City Council makes a final determination. Council Member Wilson expressed her appreciation to the City Manager for covering up the statue until it is moved. Council Member Wilson advised what happens after this is very important, acknowledging the statue is very offensive to many and it should never be forgotten that humans were sold as slaves right here at the Old Courthouse. Council Member Wilson advised the Historic Preservation Commission studied this issue and provided recommendations to have appropriate signage in front of the Old Courthouse detailing the locations significance. Council Member Wilson advised it should be an area of"reconciliation" and a part of history that "should not be swept under the rug"and forgotten. Council Member Wilson asked Council Member Henley to discuss the site. Council Member Henley believes it is premature to discuss this possible site; however, the site is very secluded and would keep the statue from being visible to the public. June 16, 2020 42 CITY COUNCIL COMMENTS ITEM#70369 (Continued) Council Member Moss advised he reviewed the timeline for developing the 2021 Legislative Package set to begin June 12, 2020 with City Council receiving the first draft September 4`h. Council Member Moss advised he would like to have time scheduled for City Council to discuss the Legislative Items each of them would like to have added. June 16, 2020 43 CITY COUNCIL COMMENTS ITEM#70370 (Continued) Council Member Berlucchi acknowledged the recent conversations surrounding monuments and their symbolism have been challenging and difficult and as a City Council Member it gives him the opportunity to help shape an environment where everyone is treated with dignity and respect. Council Member Berlucchi believes if the conversations are led by what unites people and shared common goals, the path going forward will be clear and easy to do the right thing. Council Member Berlucchi advised he is committed to being a part of the solution towards the goal of a more respectful and dignified community and looks forward to working on implementing more policies to create change toward a more equitable community involving diversity, economic opportunities, and addressing disparities in education and the criminal justice system. June 16, 2020 44 CITY COUNCIL COMMENTS ITEM#70371 (Continued) Council Member Abbott expressed her gratitude to City Council Members who have been working on the many complicated issues and extended her help. Council Member Abbott advised she would appreciate extra time developing and discussing the 2021 Legislative Agenda to ensure the General Assembly receives the most important items the City Council Members want them to address. Mayor Dyer expressed his appreciation to Council Members for their initiatives and discussions. June 16, 2020 45 AGENDA REVIEW SESSION ITEM#70372 3:39 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCE/RESOLUTION 1. Resolution to SUPPORT of the City's 2020 Project Applications to the Virginia Department of Transportation's (VDOT)SMART SCALE Program 2. Resolution to SUPPORT the re-organization and merger of the Greater Peninsula Workforce Board and Hampton Roads Workforce Council re create a single Local Workforce Development Area (LWDA) 3. Ordinance to ADOPT the 2020 Housing Choice Voucher Five Year Plan and Administrative Plan and to AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) 4. Resolution to AUTHORIZE the City to CONTINUE participation in the Department of Criminal Justice Services'(DCJS) Certified Crime Prevention Community Program 5. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the City and surrounding localities 6. Resolution to AMEND the Cost Allocation Agreement between the City, Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and the Transportation District Commission of Hampton Roads 7. Resolution to SET aspirational goals in City contracts re participation at 13.3%for women- owned businesses and 11.9%for service-disabled veteran-owned businesses 8. Ordinance to DIRECT the City Manager to undertake a local certification of small businesses and AMEND City Code Section 2-224.1 re definition of SWaM certified small business 9. Ordinances to ADD City Code Sections: a. Section 2-224.14 re enacting a Project Goals Program to review City construction contracts over$5-Million to determine requirements for minority-business subcontracting b. Section 2-224.12 and 2-224.13 re pursue a sheltered bidding initiative wherein under certain contract sizes eligible bidders are restricted to Small, Women, and Minority (SWaM) certified small businesses c. Section 2-224.15 re enact an enhanced subcontracting program to identify all proposed solicitations where subcontracting will be required 10. Ordinance to AMEND City Code Section 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses (Requested by Sheriff Stolle) June 16, 2020 46 AGENDA REVIEW SESSION ITEM#70372 3:39 P.M. (Continued) 11. Ordinance to APPOINT three(3) viewers for one-year terms beginning July 1, 2020 re view each street or alley proposed to be closed 12. Ordinances to AUTHORIZE temporary encroachments into a portion of City property known as: a. Harbor Canal located at the rear of 2309 Leeward Shore Drive re maintain an existing bulkhead and pier and construct and maintain a floating dock b. North Kings Road located adjacent to 2804 North Kings Road re maintain existing block wall c. Atlantic Boulevard located adjected to 2613 Atlantic Avenue re construct and maintain five (5) concrete slab balconies 13. Ordinances to ACCEPT and APPROPRIATE: a. $98,000 from What Works Cities to FY2019-20 Economic Development Operating Budget re early childhood language development program b. $633,145 to FY2019-20 Housing and Neighborhood Preservation Operating Budget re support on-going departmental mission and response to the COVID-19 pandemic 14. Ordinance to TRANSFER$475,000 from Tourism Investment Program (TIP)Fund Reserve to FY2019-20 Convention and Visitors Bureau Operating Budget re payment of beach ambassador expenses 15. Resolution to ADOPT the Public Works Design Standards Manual as a replacement for the Specifications and Standards Manual of the Department of Public Works 16. Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37 of the Stormwater Management Ordinance (Appendix D) b. Section 6.3 of the Floodplain Ordinance(Appendix K) c. Section 23-58 of the City Code d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance(Appendix F) J. ORDINANCES/RESOLUTIONS: ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED SEPARATELY ITEM#16a/b/c/d WILL BE CONSIDERED SEPARATELY June 16, 2020 47 AGENDA REVIEW SESSION ITEM#70372 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: I. PLANNING 1. DANNY K. &PATRICIA S. MARTIN,BRYAN&ARLEEN MARTIN, and ROBERT& NATALIE FAISONfor a Conditional Change of Zoning from B-2 Community Business District to Conditional R-5R Residential Resort District re demolish existing single-family dwelling and construct three-story duplex at 3705 Surry Road DISTRICT 4—BAYSIDE 2. SPENCE CROSSING PROPERTIES,LLCfor a Conditional Change of Zoning from Conditional B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development re eliminate commercially zoned property and construct 224 residential units and Modification of Proffers at the Southwest corner of Princess Anne Road and South Independence Boulevard (Approved June 26, 2007)DISTRICT 1 —CENTERVILLE 3. GOLDPETAL FARMS,LLC/WAVE CHURCH for a Conditional Use Permit re recreation and amusement facility of an outdoor nature at 2655 Seaboard Road DISTRICT 7—PRINCESS ANNE 4. JEFFREY FRANKLIN/GREGORY& JEANNINE SIMONfor a Conditional Use Permit re commercial kennel at 1825 Indian River Road DISTRICT 7—PRINCESS ANNE 5. STEFANIE GUTHRIE/JACKP. GUTHRIE,JR.for a Conditional Use Permit re residential kennel at 3541 Champlain Lane DISTRICT 3—ROSE HALL 6. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Sea Level Wise Adaptation Strategy and AMEND Sections 1.1,1.2,2.2, and 2.3 7. Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 246 and 1501 of the City Zoning Ordinance(CZO) (Appendix A)and Section 6.26 of the Oceanfront Resort District Form-Based Code(Appendix 1) b. Sections 5.1-5.7, 5.10, 6.1, and 6.3 of the Subdivision Regulations(Appendix B) c. Sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance(Appendix C) I. PLANNING ITEMS: COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#2 COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#3 ITEM#7a/b/c WILL BE CONSIDERED SEPARATELY June 16, 2020 48 ITEM#70373 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). • Beach District • Beach District • Princess Anne • Kempsville 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) • Appointments LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body • Removal of Confederate Monument June 16, 2020 49 ITEM#70373 (Continued) Upon motion by Vice Mayor Wood,seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 3:53 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 Closed Session 3:53 P.M. —5:45 P.M. June 16, 2020 50 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 16, 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, June 16, 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: Council Member Wooten 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 341h 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. June 16, 2020 51 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 if she 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. June 16, 2020 52 ITEM— V-E CERTIFICATION ITEM#70374 Upon motion by Vice Mayor Wood,seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION OF JUNE 3,2020 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 June 16, 2020 cpafryBp..,40 SM h � OF OOP mW°4S 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#70322 Page 3 of the June 3,2020 Minutes 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. Amanda Barn , MMC City Clerk June 16, 2020 53 ITEM— V-E CERTIFICATION ITEM#70375 Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council CERTIFIED THE CLOSED SESSION OF JUNE 4,2020 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 June 16, 2020 04 ` . skaR : S 0F OUR M��oM 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#70325 Page 3 of the June 4,2020 Minutes 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. Amanda arnes, MMC City Clerk June 16, 2020 54 ITEM— V-E CERTIFICATION ITEM#70376 Upon motion by Council Member Jones, seconded by Council Member Abbott, City Council CERTIFIED THE CLOSED SESSION OF JUNE 13, 2020 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 June 16, 2020 cpuivstic lc * e s f Of...o UP NPT\OM 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#70353 Page 3 of the June 13,2020 Minutes 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. Amanda Barnes, MMC City Clerk June 16, 2020 55 ITEM— V-E CERTIFICATION ITEM#70377 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council CERTIFIED THE CLOSED SESSION OF JUNE 16,2020 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 *Council Member Moss stepped out during discussions of Publicly Held Property in the Princess Anne District and one in the Beach District due to a conflict of interest: June 16, 2020 4,4,4 . ''''' ii 2 a _ i�0 .e r, t '� : o;dam *. ?i �4*s oFo c. 0�0 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#70373 Page 49 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. Amanda B rnes, MMC City Clerk June 16, 2020 56 ITEM-V.F. MINUTES ITEM#70378 Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of May 19, 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 June 16, 2020 57 ITEM— V.G. FORMAL SESSION AGENDA ITEM#70379 Mayor Dyer read the Speaker Policy and advised for 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. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on items:I.1, I.2, L3, I.4, I5, and I.6 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Ordinance/Resolution H: 1, 2, 3, 4, 5, 6, 7, 8, 9a/b/c, 11, 12a/b/c, l3a/b and 14 and Planning Items L: 1, 2, 3, 4, 5, and 6 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 H. ORDINANCES/RESOLUTION: ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED SEPARATELY ITEM#16a/b/c/d WILL BE CONSIDERED SEPARATELY I.PLANNING ITEMS: COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#2 COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#3 ITEM#7a/b/c WILL BE CONSIDERED SEPARATELY June 16, 2020 58 ITEM— V.H.1 ORDINANCES/RESOLUTIONS ITEM#70380 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT,Resolution to SUPPORT of the City's 2020 Project Applications to the Virginia Department of Transportation's(VDOT)SMART SCALE 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 June 16, 2020 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2020 2 PROJECT APPLICATIONS TO THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION'S SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation's SMART SCALE program for consideration 8 based upon an objective score in the areas of Congestion Mitigation, Safety, 9 Accessibility, Environmental Quality, Economic Development, and Land Use 10 Coordination; 11 12 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 13 100% of the total project cost, although the locality's ability to contribute to the 14 submitted project is a factor in the award process; and 15 16 WHEREAS, the City's highest priority improvement projects that meet the 17 eligibility for funding are Holland Road Phase I, South Independence Boulevard and 18 Edwin Drive Intersection, Laskin Road Phase III, and Northampton Boulevard and 19 Diamond Springs Road Intersection. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA THAT: 23 24 1 . The City Council of the City of Virginia Beach hereby supports the 25 following four project applications to the Virginia Department of Transportation's 26 SMART SCALE Program: 27 28 a. Holland Road, Phase I; 29 b. South Independence Boulevard and Edwin Drive Intersection; 30 c. Laskin Road, Phase III; and 31 d. Northampton Boulevard and Diamond Springs Road Intersection 32 33 2. Commonwealth and Federal funds will be requested from the SMART 34 SCALE Program in the following amounts: 35 36 a. $15,700,000 for Holland Road Phase I; 37 b. $9,100,000 for South Independence Boulevard and Edwin Drive 38 Intersection; 39 c. $23,800,000 for Laskin Road Phase III; and 40 d. $9,750,000 for Northampton Boulevard and Diamond Springs Road 41 Intersection. 42 43 3. The required local matching funds, as determined by the SMART SCALE 44 award process, will be provided with allocations of local funding in the City's Capital 45 Improvement Program Budget. 46 ozoz z aunt o8091.e0 9757saowaS , Pue 171 :A0N3101ANIS 1V031 01 SV a3A0MddV :1N31NO3 01 SV a3A023ddV *DMZ eunr }o ARP u 4 9 T ay} uo e!u46.0/1 y�eag e!146.n.A10 AID Rt14 40 1PunlY3 RIB A9 Peld0PV -uogctrulsupo 6#► pue luatudoleAep pefoad Joi s4uewaai6e peloid fuesseoeu lle tioee8 e!teu4 , $fi to AID et44 Jo j}egeq uo a noexe o pezuoq ne Agaieq s! ae6eue1N Amj all _47 Li? 59 ITEM— V.H.2 ORDINANCES/RESOLUTIONS ITEM#70381 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT,Resolution to SUPPORT the re-organization and merger of the Greater Peninsula Workforce Board and Hampton Roads Workforce Council re create a single Local Workforce Development Area(LWDA) 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 June 16, 2020 1 A RESOLUTION IN SUPPORT OF THE REDESIGNATION 2 OF LOCAL WORKFORCE DEVELOPMENT AREAS 14 & 16 3 INTO A NEW SINGLE LOCAL WORKFORCE 4 DEVELOPMENT AREA 5 6 WHEREAS, under the Workforce Innovation and Opportunity Act (WIOA), Public 7 Law 113-128, local workforce development areas (LWDAs) within a planning region that 8 want to re-designate into a single LWDA shall be given the opportunity to do so; and 9 10 WHEREAS, the Virginia Board of Workforce Development's Policy, Number 200- 11 07, entitled, "Process for Requesting LWDA Redesignation: Redesignation Assistance," 12 effective July 1, 2017, prescribes the process to be followed when a unit or a combination 13 of units of political sub-divisions request redesignation of their LWDAs as provided under 14 WIOA; and 15 16 WHEREAS, the Greater Peninsula Workforce Board (GPWB), tasked with 17 overseeing the delivery of workforce services within LWDA 14 and the Hampton Roads 18 Workforce Council (HRWC), tasked with overseeing the delivery of workforce services 19 within LWDA 16, are part of one regional economic ecosystem serving the fifteen political 20 sub-divisions of Southeastern Virginia; and 21 22 WHEREAS, in September 2018 the GPWB and HRWC executed a Resolution 23 establishing the Southeastern Virginia Regional Workforce Collaborative whose purpose 24 was to address the needs of area employers through a collaborative regional approach, 25 focused upon business engagement strategies, communication efforts, program 26 development, provision of labor market intelligence, veteran transition support and 27 emerging workforce initiatives; and 28 29 WHEREAS, the work of the Collaborative has resulted in a significant number of 30 successful undertakings to include the creation of a Joint Business Services Team that 31 has assisted over 4,000 employers, the implementation of a fundraising initiative which 32 raised over $250,000 in new private resources, the award of a $100,000 GO Virginia 33 Grant to establish the Hampton Roads Coalition for Talent, and the publication of a 34 regional economic impact report that concluded there was a $4.30 return on investment 35 for each $1.00 spent by the region's two workforce boards; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the request of the GPWB and HRWC to be re-designated into a new, single 41 LWDA to oversee the delivery of workforce development services within the fifteen 42 political subdivisions located within Southeastern Virginia, as prescribed under WIOA, be 43 approved for submission to the Virginia Board of Workforce Development and subsequent 44 action by the Governor of the Commonwealth of Virginia. 45 Adopted by the council of the City of Virginia Beach, Virginia, on the 16 t h day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J (i City Manager's Office City Attorney's Office CA15091 R-2 June 5, 2020 60 ITEM— V.H.3 ORDINANCES/RESOLUTIONS ITEM#70382 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to ADOPT the 2020 Housing Choice Voucher Five Year Plan and Administrative Plan and to AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) 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 June 16, 2020 r 1 AN ORDINANCE TO ADOPT THE 2020 HOUSING CHOICE 2 VOUCHER FIVE YEAR PLAN AND ADMINISTRATIVE PLAN 3 AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE 4 AND SUBMIT THE PLAN AND REVISIONS TO THE U.S. 5 DEPARTMENT OF HOUSING AND URBAN 6 DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally funded Housing Choice Voucher Program ("HCV"), 10 formerly known as the Section 8 Program: 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit an HCV Administrative Plan and 14 either: (i) an Annual Agency Plan for each fiscal year in which DHNP receives federal 15 funding for its HCV Program; or (ii) a Five Year Agency Plan every five years, 16 17 WHEREAS, this year DHNP is required to submit a Five Year Plan to describe the 18 long term goals of the program; 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP: 22 23 WHEREAS, DHNP is also required by HUD to include a certification in the Five 24 Year Agency Plan demonstrating DHNP's compliance with applicable laws and HUD rules 25 and regulations in order to continue to operate the HCV program: 26 27 WHEREAS, the Five Year Plan and an Executive Summary of the Annual and 28 Administrative Plans is attached hereto, and copies are on file with the City Clerk. 29 30 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That DHNP's Five Year Plan and Administrative Plan for the Housing Choice 34 Voucher Program are hereby approved, provided such Plans conform in all material 35 aspects to the Executive Summary and Summary of Plan Changes attached hereto; and 36 37 That the City Manager is hereby authorized to execute and submit the Five Year 38 Plan and Administrative Plan and any certifications regarding such Plans to the U.S. 39 Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of June 2020. APPROVEGQSI9'Q CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JAA/i4.- Housing & Neightitorhood Preservation C. or s Office CA15082 R-1 May 29, 2020 Executive Summary 2020 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2020 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing&Neighborhood Preservation(DHNP)operates the federal Housing Choice Voucher Program(HCV) in the city.The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program,the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan is being presented Agency Plan for the program for adoption by Council with this ordinance. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the(HCV)program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and,therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 3,2019 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: 1 Executive Summary 2020 Housing Choice Voucher—Annual and Administrative Plans Department of Hou sing and Neighborhood Preservation April 2, 2020 • Selection and admission of applicants from the DHNP waiting list,including any DHNP admissions preferences,procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list(Chapter 4); • Issuing or denying vouchers,including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term."Suspension"means stopping the clock on the term of a family's voucher after the family submits a request for"appro val of the tenancy"(Chapter 5); • Encouraging participation by owners of suitable units located outside of areas of low income(Chapter 1 3); • Providing information about a family to prospective owners(Chapters 3 and 13); • Subsidy standards(Chapter 5); • Informal review procedures for applicants and for participants(Chapter 16); • The method of determining reasonable rent to owners(Chapter 8); • Policies concerning debts owed by families to DHNP(Chapter 14);and • Procedural guidelines and performance standards for conducting required housing quality standard inspections(Chapter 8) Additional Detail on Plan Contents Annual Agency Plan:This plan must be submitted annually. The plan as developed by staff contains the following information: • Eligibility, selection and admissions policies,including de-concentration and wait list procedures • Financial resources • Rent determination procedures • Operations and management • Grievance procedures • Self-sufficiency programs(FSS) • Civil rights certifications • Fiscal year audit • Housing needs for the area • Strategy for meeting housing needs • Progress in meeting mission and goals • Any significant amendment and substantial deviations or modifications 2 Executive Summary 2020 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2020 • Any plan elements that have been revised since the last Annual Plan certification • A listing of the locations where key elements of the Plan can be found As mentioned,many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. In addition to City Council adoption of the 2020 Agency Plan,there must also be approval of two HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077 which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing,Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act,ADA regulations and various other federal laws. The second certification is HUD Form 50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan,and is previously cited. On February 20,2020,the Annual Plan Update was made available to the public for the required 45-day review period. A public hearing was held on March 10,2020,in conjunction with our resident advisory board meeting. Their comments will be attached to the final HUD submission along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must normally be electronically submitted to HUD no later than April 15,2020,which is the required 75 days before the beginning of the fiscal year. However,due to the pandemic emergency,that deadline was extended, and the plan will be submitted following Council approval. Administrative Plan: Staff has developed revisions to the 2020 plan. Primary differences between the prior plan and this proposed revision are as follows: • This Plan is based on the Nan McKay model administrative plan. We have adapted it for our needs.This resulted in numerous style and wording changes of a non-content(not changing the meaning of the plan)nature. • The old plan had many discretionary deadlines at 10 business days,and many at 15 business days. We have adopted a standard of 15 business days. • Defined policies for repayment agreements when participants commit program fraud (Chapter 16.) • Include an insertion of language to communicate the creation of the Renaissance Waiting List(Chapter 17) These proposed revisions were advertised and made available along with the Annual Plan as noted above. 3 5-Year PHA Plan U.S. Department of Housing and Urban Development OMB No.2577-0226 Office of Public and Indian Housing Expires: 02/29/2016 (for All PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies,rules,and requirements concerning the PHA's operations,programs,and services,and informs HUD,families served by the PHA,and members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low-income families Applicability. Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs. A. PHA Information. A.1 PHA Name City of Virginia Beach Dept. Housing Neighorhood Preservatio PHA code. VA039 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 7/2020 PHA Plan Submission Type: ®5-Year Plan Submission ❑Revised 5-Year Plan Submission Availability of Information. In addition to the items listed in this form,PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s)where the proposed PHA Plan,PHA Plan Elements,and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally,the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan,but excluded from their streamlined submissions. At a minimum,PHAs must post PHA Plans,including updates,at each Asset Management Project(AMP)and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. ❑PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) PHA Program(s)in the Program(s)not in the No.of Units in Each Program Participating PHAs Code Consortia Consortia PH HCV Lead PHA: Page 1 of 3 form HUD-50075-5Y(12/2014) B. 5-Year Plan. Required for all PHAs completing this form. B.l Mission.State the PHA's mission for serving the needs of low-income,very low-income,and extremely low-income families in the PHA's jurisdiction for the next five years. Housing & Neighborhood Preservation's mission is to create quality solutions that expand housing opportunities, promote vibrant, well-maintained neighborhoods and make homelessness rare, brief and nonrecurring. B 2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income,very low- income,and extremely low-income families for the next five years. Please see"2020 goals" B.3 Progress Report.Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Please see"2020 progress" Violence Against Women Act(VAWA)Goals. Provide a statement of the PHA's goals,activities objectives,policies,or programs that will B.4 enable the PHA to serve the needs of child and adult victims of domestic violence,dating violence,sexual assault,or stalking. The PHA will adopt the attached policy to help ensure that all actual and potential beneficiaries of its HCV program are aware of their rights under VAWA.The PHA will post the following information regarding VAWA in its offices and on its website. It will also make the information readily available to anyone who requests it. Copy of Form HUD-5380, 5382, 5383 B.5 Significant Amendment or Modification.Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. The Virginia Beach Department of Housing and Neighborhood Preservation defines substantial deviations and significant amendments or modifications"as any change in policy that significantly and substantially alters our stated mission of providing housing services to low-income families and individuals. Discretionary or administrative amendments consistent with the department's overall mission and basicobjectives will not be considered significant modifications." There were non substantial deviations or significant amendments or modifications during the program year. B 6 Resident Advisory Board(RAB)Comments. (a) Did the RAB(s)provide comments to the 5-Year PHA Plan' Y N I] (b) If yes,comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. B.7 Certification by State or Local Officials. Form lit II)50077-SI.Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan. Page 2 of 3 form HUD-50075-5Y(12/2014) Instructions for Preparation of Form HUD-50075-5Y 5-Year PHA Plan for All PHAs A. PHA Information 24 CFR;903.23(4)(e) A.1 Include the full PHA Name,PHA Code,,PHA Fiscal Year Beginning(MM/YYYY),PHA Plan Submission Type,and the Availability of Information,specific location(s)of all information relevant to the hearing and proposed PHA Plan. PHA Consortia:Check box if submitting a Joint PHA Plan and complete the table B. 5-Year Plan. B.1 Mission. State the PHA's mission for serving the needs of low-income,very low-income,and extremely low-income families in the PHA's jurisdiction for the next five years.(24 CFR:903.6(a)(11) B.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income,very low-income,and extremely low-income families for the next five years. (24 CFR:903.6(b)(1)) For Qualified PHAs only,if at any time a PHA proposes to take units offline for modernization,then that action requires a significant amendment to the PHA's 5-Year Plan. B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5- Year Plan. (24 CFR:903.6(b)(2)) B.4 Violence Against Women Act(VAWA)Goals. Provide a statement of the PHA's goals,activities objectives,policies,or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence,dating violence,sexual assault,or stalking. (24 CFR;903.6(a)(31) B.5 Significant Amendment or Modification.Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. B.6 Resident Advisory Board(RAB)comments. (a) Did the public or RAB provide comments? (b) If yes,submit comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations.(24 CFR;903 17(a),24 CFR;903.19) This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act,which added a new section SA to the U.S.Housing Act of 1937,as amended, which introduced the 5-Year PHA Plan.The 5-Year PHA Plan provides the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low- income families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan. Public reporting burden for this information collection is estimated to average.76 hours per response,including the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information.HUD may not collect this information,and respondents are not required to complete this form,unless it displays a currently valid OMB Control Number. Privacy Act Notice.The United States Department of Housing and Urban Development is authorized to solicit the Information requested in this form by virtue of Title 12,U.S.Code, Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations.Responses to the collection of information are required to obtain a benefit or to retain a benefit.The information requested does not lend itself to confidentiality. Page 3 of 3 form HUD-50075-5Y(12/2014) Certification by State or Local U.S Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or OMB No.2577-0226 State Consolidated Plan Expires 2/29/2016 (All PHAs) Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, , the Official's Name Official's Title certify that the 5-Year PHA Plan and/or Annual PHA Plan of the PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments(AI)to Fair Housing Choice of the Local Jurisdiction Name pursuant to 24 CFR Part 9l Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the AI. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning: HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001.1010,1012;31 U.S.C.3729,3802) Name of Authorized Official Title Signature Date Page 1 of 1 form HUD-50077-SL(12/2014) The mission of the City of Virginia Beach is to enhance the economic, educational, social, and physical quality of the community and provide sustainable municipal services which are valued by its citizens. The method for accomplishing this mission is to provide quality customer service, use teamwork, and work with integrity and commitment. The goals of Virginia Beach Housing& Neighborhood Preservation's Rental Housing division for the next five years are centered by this vision: Goal 1: Evaluate our processes and work to increase our efficiency Rental Housing has just started working towards this goal by eliminating redundant forms and adopting process improvements. While striving toward working more efficiently, is it also our intention to free up resources; reallocate staff to improve landlord outreach;and help participants access other services, such as information on how to file for the Earned Income Tax Credit (to encourage work), how to maintain a good relationship with their landlords, and how they can communicate with our department electronically. Goal 2:Support the City's Comprehensive Plan to increase housing opportunities in Federal Opportunity Zones and in coordination with the City's defined Strategic Growth Areas The city has designated certain areas in Virginia Beach for new housing and business development, and we will support that effort by targeting PBV developments in those areas. Goal 3: Expand our Family Self-Sufficiency(FSS)program Currently only 22 families enrolled are enrolled in the FSS program. Our goal is to have 60 families enrolled by the end of 2021. In addition, we are going to be creative and aggressive in accessing resources outside of the department and within the community. For example, we will try to reach out to Tidewater Community College to help with providing quality career advice to our FSS families. We will also encourage our families to take advantage of the Workforce Investment and Opportunity Act(WIOA) program to make education and job training more affordable and more accessible. The WIOA program can pay for books,travel and day care for students, and even pay a stipend to students who maintain their grades. In addition, WIOA can subsidize on-the-job training to help those with certificates or degrees obtain that vital first job that provides experience and begins to build a resume. The previous 5 year plans did not list any explicit goals. However, in the previous 5 years,Virginia Beach Department of Housing and Neighborhood Preservation (DHNP) has made tremendous strides in the general goals of running a high performing, efficient program, expanding housing opportunities in the City of Virginia Beach,and targeting difficult to serve populations. We currently have achieved the maximum possible SEMAP score. We were named Agency of the Year by the Virginia Association of Housing Counselors in April 2019. We have also hired a fraud coordinator who investigates all manner of housing fraud. We have created flow charts to enable new staff to perform all functions in an orderly, efficient manner. Finally,we have begun the process of creating "keystroke specific" manuals,so that a new hire will be able to perform his or her job duties on day one. The biggest success for DHNP is the opening of the Housing Resource Center(HRC) in 2018. The award- winning Housing Resource Center provides a one-stop shop of services for families and individuals experiencing homelessness or a housing crisis. Partners at the Housing Resource Center use a consolidated and integrated approach to deliver multiple services and housing options within a single building.The facility features a singles shelter, short-term family housing, permanent housing, day services, Human Services,dining hall and learning facility.The integration of these resources under one roof makes the Housing Resource Center the first of its kind in South Hampton Roads. Rental Housing has partnered with the department's Homeless Services division to serve 24 formerly homeless individuals who are residing in apartments at the HRC with PBVs. Over the last 5 years we have added several PBV projects. 1. Housing Resource Center-24 apartments (as mentioned above) 2. Summer Haven -6 disabled households 3. Tranquility at the Lakes-20 disabled or senior(over 55 years old) households 4. Price Street-20 intellectually or developmentally disabled households The Department as a whole is also currently evaluating 3 proposals intended to expand housing opportunities by leveraging HOME funds. Finally, we have been awarded 32 more VASH vouchers in 4 tranches. Our rental housing program is incredibly creative in partnering with the State of Virginia and the City of Virginia Beach to go beyond the voucher program to help vulnerable populations. In the last five years we have added a program to provide rental assistance to Severely Mentally III (SMI) households and are currently serving 83 SMI families with state funds. In addition,we added the State Rental Assistance Program,which currently serves 60 individuals who are developmentally or intellectually disabled. We are continuing to assist formerly homeless households through the Tenant Based Rental Assistance program and operating a Rental Security Deposit program utilizing HOME funds. Finally,we were recently awarded 60 Mainstream vouchers and will begin leasing those households in June, 2020. NOTICE OF OCCUPANCY RIGHTS UNDER U.S.Department of Housing and Urban Development THE VIOLENCE AGAINST WOMEN ACT OMB Approval No.2577-0286 Expires 06/30/2017 [Insert Name of Housing Providers] Notice of Occupancy Rights under the Violence Against Women Act2 To all Tenants and Applicants The Violence Against Women Act(VAWA)provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.' The U.S. Department of Housing and Urban Development (HUD)is the Federal agency that oversees that [insert name of program or rental assistance] is in compliance with VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA." Protections for Applicants If you otherwise qualify for assistance under [insert name of program or rental assistance], you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault,or stalking. Protections for Tenants 1 The notice uses HP for housing provider but the housing provider should insert its name where HP is used. HUD's program-specific regulations identify the individual or entity responsible for providing the notice of occupancy rights. 2 Despite the name of this law,VAWA protection is available regardless of sex,gender identity,or sexual orientation. 3 Housing providers cannot discriminate on the basis of any protected characteristic,including race,color,national origin,religion,sex,familial status,disability,or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation,gender identity,or marital status. Form HUD-5380 (12/2016) 2 If you are receiving assistance under [insert name of program or rental assistance],you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest. you may not be denied rental assistance or occupancy rights under [insert name of program or rental assistance] solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking. Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian(for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household. Removing the Abuser or Perpetrator from the Household HP may divide (bifurcate)your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator)directly relating to domestic violence, dating violence, sexual assault, or stalking. If HP chooses to remove the abuser or perpetrator, HP may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, HP must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing. Form HUD-5380 (12/2016) 3 In removing the abuser or perpetrator from the household, HP must follow Federal, State, and local eviction procedures. In order to divide a lease, HP may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. Moving to Another Unit Upon your request, HP may permit you to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, HP may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence,sexual assault, or stalking,your housing provider may ask you for such documentation, as described in the documentation section below. (2) You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. Form HUD-5380 (12/2016) 4 OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer,and that assault happened within the 90-calendar-day period before you expressly request the transfer. HP will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. HP's emergency transfer plan provides further information on emergency transfers, and HP must make a copy of its emergency transfer plan available to you if you ask to see it. Documenting You Are or Have Been a Victim of Domestic Violence,Dating Violence, Sexual Assault or Stalking HP can, but is not required to, ask you to provide documentation to "certify"that you are or have been a victim of domestic violence,dating violence, sexual assault, or stalking. Such request from HP must be in writing, and HP must give you at least 14 business days(Saturdays, Sundays, and Federal holidays do not count)from the day you receive the request to provide the documentation. HP may,but does not have to, extend the deadline for the submission of documentation upon your request. Form HUD-5380 (12/2016) 5 You can provide one of the following to HP as documentation. It is your choice which of the following to submit if HP asks you to provide documentation that you are or have been a victim of domestic violence,dating violence, sexual assault, or stalking. • A complete HUD-approved certification form given to you by HP with this notice,that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name,the date,time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. • A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports,protective orders, and restraining orders, among others. • A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, "professional") from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. • Any other statement or evidence that HP has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, HP does not have to provide you with the protections contained in this notice. Form HUD-5380 (12/2016) 6 If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), HP has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, HP does not have to provide you with the protections contained in this notice. Confidentiality HP must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. HP must not allow any individual administering assistance or other services on behalf of HP(for example, employees and contractors)to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. HP must not enter your information into any shared database or disclose your information to any other entity or individual. HP, however, may disclose the information provided if: • You give written permission to HP to release the information on a time limited basis. • HP needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. • A law requires HP or your landlord to release the information. Form HUD-5380 (12/2016) 7 VAWA does not limit HP's duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, HP cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if HP can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame,and 2) Could result in death or serious bodily harm to other tenants or those who work on the property. If HP can demonstrate the above, HP should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat. Other Laws VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence,dating violence, sexual assault, or stalking. You may be entitled to Form HUD-5380 (12/2016) 8 additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws. Non-Compliance with The Requirements of This Notice You may report a covered housing provider's violations of these rights and seek additional assistance, if needed,by contacting or filing a complaint with [insert contact information for any intermediary, if applicable] or [insert HUD field office]. For Additional Information You may view a copy of HUD's final VAWA rule at [insert Federal Register link]. Additionally, HP must make a copy of HUD's VAWA regulations available to you if you ask to see them. For questions regarding VAWA, please contact [insert name of program or rental assistance contact information able to answer questions on VAWA]. For help regarding an abusive relationship,you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact [Insert contact information for relevant local organizations]. For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our- programs/stalking-resource-center. For help regarding sexual assault, you may contact [Insert contact information for relevant organizations] Victims of stalking seeking help may contact [Insert contact information for relevant organizations]. Attachment: Certification form HUD-5382 [form approved for this program to be included] Form HUD-5380 (12/2016) CERTIFICATION OF 'U.S.Department of Housing OMB Approval No.2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp.06/30/2017 DATING VIOLENCE, SEXUAL ASSAULT,OR STALKING, AND ALTERNATE DOCUMENTATION Purpose of Form: The Violence Against Women Act("VAWA")protects applicants,tenants,and program participants in certain HUD programs from being evicted,denied housing assistance,or terminated from housing assistance based on acts of domestic violence, dating violence,sexual assault,or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault,and stalking,regardless of sex, gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider,your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault,or stalking. In response to this request,you or someone on your behalf may complete this optional form and submit it to your housing provider,or you may submit one of the following types of third-party documentation: (1)A document signed by you and an employee, agent,or volunteer of a victim service provider, an attorney, or medical professional,or a mental health professional (collectively,"professional")from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking,or the effects of abuse. The document must specify,under penalty of perjury,that the professional believes the incident or incidents of domestic violence,dating violence,sexual assault,or stalking occurred and meet the definition of"domestic violence,""dating violence,""sexual assault,"or "stalking"in HUD's regulations at 24 CFR 5.2003. (2)A record of a Federal, State,tribal,territorial or local law enforcement agency, court,or administrative agency;or (3)At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant. Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may,but is not required to,extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider,your housing provider does not need to grant you any of the VAWA protections.Distribution or issuance of this form does not serve as a written request for certification. Confidentiality: All information provided to your housing provider concerning the incident(s)of domestic violence, dating violence, sexual assault,or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual,except to the extent that disclosure is:(i)consented to by you in writing in a time-limited release; (ii)required for use in an eviction proceeding or hearing regarding termination of assistance; or(iii)otherwise required by applicable law. Form HUD-5382 (12/2016) 2 TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE,SEXUAL ASSAULT,OR STALKING 1. Date the written request is received by victim: 2. Name of victim: 3. Your name(if different from victim's): 4. Name(s)of other family member(s)listed on the lease: 5. Residence of victim: 6. Name of the accused perpetrator(if known and can be safely disclosed): 7. Relationship of the accused perpetrator to the victim: 8. Date(s)and times(s)of incident(s)(if known): 10. Location of incident(s): In your own words,briefly describe the incident(s): This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection,and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission,termination of assistance, or eviction. Signature Signed on(Date) Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting,reviewing,and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence,dating violence,sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA.This agency may not collect this information,and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. Form HUD-5382 (12/2016) EMERGENCY TRANSFER U.S.Department of Housing OMB Approval No.2577-0286 REQUEST FOR CERTAIN and Urban Development Exp.06/30/2017 VICTIMS OF DOMESTIC VIOLENCE,DATING VIOLENCE, SEXUAL ASSAULT,OR STALKING Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault,or stalking, and you are seeking an emergency transfer,you may use this form to request an emergency transfer and certify that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women Act(VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer. See your housing provider's emergency transfer plan for more information about the availability of emergency transfers. The requirements you must meet are: (1)You are a victim of domestic violence,dating violence,sexual assault,or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence,dating violence, sexual assault, or stalking,your housing provider may ask you for such documentation. In response, you may submit Form HUD-5382, or any one of the other types of documentation listed on that Form. (2) You expressly request the emergency transfer. Submission of this form confirms that you have expressly requested a transfer. Your housing provider may choose to require that you submit this form, or may accept another written or oral request. Please see your housing provider's emergency transfer plan for more details. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you submit this form or otherwise expressly request the transfer. Submission of Documentation: If you have third-party documentation that demonstrates why you are eligible for an emergency transfer,you should submit that documentation to your housing provider if it is safe for you to do so. Examples of third party documentation include,but are not limited to: a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom you have sought assistance; a current restraining order;a recent court order or other court records;a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails,text messages, and social media posts. Form HUD-5383 (12/2016) 2 Confidentiality: All information provided to your housing provider concerning the incident(s)of domestic violence, dating violence, sexual assault,or stalking,and concerning your request for an emergency transfer shall be kept confidential. Such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections or an emergency transfer to you. Such employees may not disclose this information to any other entity or individual,except to the extent that disclosure is: (i)consented to by you in writing in a time-limited release;(ii)required for use in an eviction proceeding or hearing regarding termination of assistance; or(iii)otherwise required by applicable law. TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER 1. Name of victim requesting an emergency transfer: 2. Your name(if different from victim's) 3. Name(s)of other family member(s)listed on the lease: 4. Name(s) of other family member(s) who would transfer with the victim: 5. Address of location from which the victim seeks to transfer: 6. Address or phone number for contacting the victim: 7. Name of the accused perpetrator(if known and can be safely disclosed): 8. Relationship of the accused perpetrator to the victim: 9. Date(s), Time(s)and location(s)of incident(s): 10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90 days on the premises of the property from which the victim is seeking a transfer? If yes,skip question 11. If no,fill out question 11. 11. Describe why the victim believes they are threatened with imminent harm from further violence if they remain in their current unit. 12. If voluntarily provided,list any third-party documentation you are providing along with this notice: This is to certify that the information provided on this form is true and correct to the best of my knowledge, and that the individual named above in Item l meets the requirement laid out on this form for an emergency transfer. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission,termination of assistance, or eviction. Signature Signed on (Date) Form HUD-5383 (12/2016) EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING (HCV VERSION) Attachment: Certification form HUD-5382 [Insert name of covered housing provider] Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault,or Stalking Housing Choice Voucher Program Emergency Transfers The PHA is concerned about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence,sexual assault, or stalking. In accordance with the Violence Against Women Act(VAWA),' the PHA allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant's current unit to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.2 The ability of the PHA to honor such request for tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has been a victim of domestic violence,dating violence, sexual assault, or stalking, and on whether the PHA has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy. This plan identifies tenants who are eligible for an emergency transfer,the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security. This plan is based on a model emergency transfer plan published by the U.S. Department of Housing and Urban Development (HUD), the federal agency that oversees that the public housing and housing choice voucher (HCV)programs are in compliance with VAWA. Eligibility for Emergency Transfers A tenant who is a victim of domestic violence,dating violence, sexual assault, or stalking, as provided in HUD's regulations at 24 CFR part 5, subpart L, is eligible for an emergency transfer if the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90-calendar- day period preceding a request for an emergency transfer. 'Despite the name of this law,VAWA protection is available to all victims of domestic violence,dating violence, sexual assault,and stalking,regardless of sex,gender identity,or sexual orientation. 'Housing providers cannot discriminate on the basis of any protected characteristic,including race,color,national origin,religion,sex,familial status,disability,or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation,gender identity,or marital status. A tenant requesting an emergency transfer must expressly request the transfer in accordance with the procedures described in this plan. Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section. Emergency Transfer Request Documentation To request an emergency transfer,the tenant shall notify the PHA's management office and submit a written request for a transfer to any PHA office. The PHA will provide reasonable accommodations to this policy for individuals with disabilities. The tenant's written request for an emergency transfer should include either: 1. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant were to remain in the same dwelling unit assisted under the PHA's program; OR 2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the tenant's request for an emergency transfer. Confidentiality The PHA will keep confidential any information that the tenant submits in requesting an emergency transfer, and information about the emergency transfer, unless the tenant gives the PHA written permission to release the information on a time-limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person or persons that committed an act of domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence against Women Act for All Tenants for more information about the PHA's responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking. Emergency Transfer Timing and Availability The PHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. The PHA will,however, act as quickly as possible to move a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe,the tenant may request a transfer to a different unit. If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. The PHA may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit. If the PHA has no safe and available units for which a tenant who needs an emergency transfer is eligible, the PHA will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant's request,the PHA will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan. Emergency Transfers: Housing Choice Voucher(HCV)Program Tenant-based assistance: If you are a participant in the tenant-based HCV program and request an emergency transfer as described in this plan,the PHA will assist you to move to a safe unit quickly using your existing voucher assistance. The PHA will make exceptions to program regulations restricting moves as required. At your request, the PHA will refer you to organizations that may be able to further assist you. Project-based assistance: If you are assisted under the project-based voucher(PBV) program,you may request an emergency transfer under the following programs for which you are not required to apply: • Tenant-based voucher, if available • Project-based assistance in the same project(if a vacant unit is available and you determine that the vacant unit is safe) • Project-based assistance in another development owned by the PHA Emergency transfers under VAWA will take priority over waiting list admissions for these types of assistance. You may also request an emergency transfer under the following programs for which you are required to apply: • Public housing program • PBV assistance in another development not owned by the PHA • [Insert other programs the PHA provides,such as LIHTC or HOME] Emergency transfers will not take priority over waiting list admissions for these programs.At your request,the PHA will refer you to organizations that may be able to further assist you. Safety and Security of Tenants Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe. Tenants who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1-800-787-3224 (TTY). Tenants who have been victims of sexual assault may call the Rape, Abuse, and Incest National Network's National Sexual Assault Hotline at 1-800-656-HOPE, or visit the online hotline at: https://ohl.rainn.org/online/. Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at: https://www.victimsofcrime.org/our- programs/stalking-resource-center. Attachment: Local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking. Certification by State or Local u. sDepartment of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or OMB No.2577-0226 State Consolidated Plan Expires 2/29/2016 (All PHAs) Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, ,the Official'sName Official's Title certify that the 5-Year PHA Plan and/or Annual PHA Plan of the PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments(AI)to Fair Housing Choice of the Local Jurisdiction Name pursuant to 24 CFR Part 91. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the AI. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning:HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012;31 U.S.C.3729,3802) Name of Authorized Official Title Signature Date Page 1 of 1 form HUD-50077-SL(12/2014) 61 ITEM— V.H.4 ORDINANCES/RESOLUTIONS ITEM#70383 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT,Resolution to AUTHORIZE the City to CONTINUE participation in the Department of Criminal Justice Services'(DCJS) Certified Crime Prevention Community 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 June 16, 2020 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO CONTINUE ITS PARTICIPATION IN THE 3 DEPARTMENT OF CRIMINAL JUSTICE SERVICES' 4 CERTIFIED CRIME PREVENTION COMMUNITY 5 PROGRAM 6 WHEREAS, the Virginia Beach City Council supports maintaining the safety and 7 security of its citizens and the community at large to promote crime prevention; 8 9 WHEREAS, the City Council is prepared to continue its support toward 10 appropriate efforts within the community to continue promoting crime prevention and 11 community safety; 12 13 WHEREAS, the Department of Criminal Justice Services ("DCJS") offers 14 communities a "Certified Crime Prevention Community Program" ("Program"), which is 15 specifically designed to recognize Virginia communities committed to crime prevention 16 and community safety while providing a framework for those communities to institute 17 crime prevention at the local level which must be recertified every three years; 18 19 WHEREAS, before a locality can submit an application for participation in the 20 Program, the local governing body must adopt a resolution authorizing such 21 participation; and 22 23 WHEREAS, participation in the Program also requires a participating locality to 24 designate a local community crime prevention, or community safety, council or coalition. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That City Council hereby authorizes the City of Virginia Beach ("City") to 30 participate in the Department of Criminal Justice Services' Certified Crime Prevention 31 Community Program, and authorizes the Police Department to take actions necessary 32 to meet the DCJS requirements for the City to be recertified as a Certified Crime 33 Prevention Community; and 34 35 2. That City Council hereby designates the Virginia Beach Police 36 Department's Community Engagement Unit as the City's representative for the purpose 37 of participating in the Program. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th 40 day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \y/esi,e_- Police Depa ent City ttorney's OfficCA15085 R-1 June 2, 2020 62 ITEM— V.H.5 ORDINANCES/RESOLUTIONS ITEM#70384 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the City and surrounding localities 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 June 16, 2020 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A POLICE MUTUAL AID 3 AGREEMENT WITH THE CITIES OF CHESAPEAKE, 4 FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, 5 POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA 6 BEACH, WILLIAMSBURG, AND THE COUNTIES OF JAMES 7 CITY, ACCOMACK, GLOUCESTER, ISLE OF WIGHT, 8 NORTHAMPTON, YORK, SURRY, AND THE TOWNS OF 9 SMITHFIELD and WINDSOR 10 11 WHEREAS, Virginia law authorizes local governments to enter into reciprocal 12 agreements for mutual aid and for cooperation in the furnishing of police services; and 13 14 WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, Franklin, 15 Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, 16 Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of Wight, 17 Northampton, York, Surry, and the Towns of Smithfield and Windsor to enter into an 18 agreement concerning mutual aid and cooperation with regard to law enforcement, 19 increasing the ability of the local governments to promote the safety and welfare of the 20 entire area. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the attached Police Mutual Aid Agreement is approved and that the City 26 Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the council of the City of Virginia Beach, Virginia, on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (/ Police Department City tt rney's Offi e CA14970 R-2 May 6, 2020 Law Enforcement Mutual Aid Agreement THIS AGREEMENT, made this 1st day of January, 2020, by and among the Cities of CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal corporation of the Commonwealth of Virginia; the County of JAMES CITY, a political subdivision of the Commonwealth of Virginia; the Sheriff of the county of ACCOMACK; the Sheriff of the County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County of NORTHAMPTON; the Sheriff of the County of SURRY; the Sheriff of the County of YORK; the Town of SMITHFIELD; and the Town of WINDSOR. WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no police department has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the thirteen local governments and the Sheriffs of the counties of Accomack, Gloucester, Isle of Wight, Northampton, Surry and York have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHERES, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and Law Enforcement Mutual Aid Agreement January 1, 2020 Page 1 of 7 WHEREAS, the parties hereto desire that the terms and conditions of this Law Enforcement Mutual Aid Agreement be established. NOW THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide law enforcement support to the other parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is applicable, or their respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the requesting party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police or Sheriff of the requesting party, or their respective designee. 5. Law enforcement support provided pursuant to this Agreement shall include all such available resources ordinarily maintained by the requested party. All law enforcement officers and personnel shall be duly trained and currently certified for the position provided. 6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the Law Enforcement Mutual Aid Agreement January 1,2020 Page 2 of 7 mass processing of arrestees and transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operations of temporary detention facilities. 7. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 8. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of any city, county, town or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law enforcement purposes, concerning any offense in which the entering law enforcement agency may have a valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law Law Enforcement Mutual Aid Agreement January 1, 2020 Page 3 of 7 enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction. 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with g 15.2-1724; 15.2-1726; 15.2-1730; 15.2-1730.1 and 15.2-1736 of the Code of Virginia, as amended. Law enforcement officers of any party who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 11. All law enforcement officers, agents and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges and immunities in each other's jurisdiction, including the authority to make arrests in each other's jurisdiction. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries pursuant to this Agreement. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party requesting assistance. Law Enforcement Mutual Aid Agreement January 1, 2020 Page 4 of 7 13. All pension, relief, disability, worker's compensation, life and health insurance and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdictions shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provisions of these benefits shall remain the responsibility of the employing party. 14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against all other parties hereto which may arise out of their activities outside their respective jurisdiction. 15. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extent that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or another governmental agency. Neither shall the parties be liable to each other any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or another governmental agency. 16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties. 17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties. Law Enforcement Mutual Aid Agreement January 1, 2020 Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city manager, county administrator, town manager, or sheriff; the official seal of each city, county and town affixed hereto and attested by their respective city, county, or town clerk, and indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by Notary Public. CITY OF VIRGINIA BEACH BY: City Manager ATTEST: City Clerk Resolution/Ordinance #: Adopted On: Law Enforcement Mutual Aid Agreement January 1, 2020 Page 6 of 7 ADDITIONAL SIGNATURE PAGES FOR OTHER JURISDISCITONS HAVE BEEN OMITTED FROM THE COUNCIL PACKAGE Law Enforcement Mutual Aid Agreement January 1, 2020 Page 7 of 7 DEFINITIONS OF KEY TERMS 1. Event — an incident requiring a law enforcement response that exceeds the equipment and/or personnel resources of the member's Police Department. 2. Mutual Aid Agreement — An agreement between nineteen (19) localities and sheriffs to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's law enforcement department. The Agreement also provides arrest authority for officers responding to the requesting jurisdiction's locality, and allows arrest authority for officers present in another's jurisdiction in the event of an immediate threat to public safety. 3. Nature — Outlines the procedures for the City of Virginia Beach to provide and receive law enforcement manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term — This Agreement is effective upon execution, and may be terminated without cause upon thirty (30) days written notice by either party. This Agreement mirrors and will rescind the 2012 Agreement upon execution. 5. Insurance — Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. 63 ITEM— V.H.6 ORDINANCES/RESOLUTIONS ITEM#70385 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT,Resolution to AMEND the Cost Allocation Agreement between the City, Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and the Transportation District Commission of Hampton Roads 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 June 16, 2020 1 A RESOLUTION TO AMEND THE COST 2 ALLOCATION AGREEMENT BETWEEN THE CITIES 3 OF CHESAPEAKE, HAMPTON, NEWPORT NEWS, 4 NORFOLK, PORTSMOUTH, VIRGINIA BEACH, AND 5 THE TRANSPORTATION DISTRICT COMMISSION 6 OF HAMPTON ROADS 7 8 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, 9 Portsmouth, and Virginia Beach (collectively, the "Participating Cites") and the 10 Transportation District Commission of Hampton Roads ("HRT") are parties to the Cost 11 Allocation Agreement, effectively dated October 1, 1999 ("Allocation Agreement"); 12 13 WHEREAS, the Allocation Agreement, among its other provisions, defines how 14 state and federal funding received by HRT is allocated to the Participating Cities for the 15 capital and operating costs associated with acquiring, consolidating, rehabilitating, 16 operating and expanding public transportation facilities and services for the Hampton 17 Roads region; 18 19 WHEREAS, the Allocation Agreement currently requires HRT to distribute its 20 eligible federal and state funding to each Participating Cities on a pro rata basis based on 21 the annual cost to provide transit services and the level requested by each Participating 22 City; 23 24 WHEREAS, the Hampton Roads Regional Transit Program and Fund ("Fund")was 25 established pursuant to Virginia Code § 33.2-2600.1 for the purpose of helping to provide 26 a modern, safe, and efficient core network of transit services across the Hampton Roads 27 region. The Fund provides financial support for the development, maintenance, 28 improvement, and operation of a core and connected regional network of transit routes 29 and related infrastructure, rolling stock, and support facilities, to include the operation of 30 a regional system of interjurisdictional, high-frequency bus service; 31 32 WHEREAS, the Fund is funded, in part, by real estate recordation taxes pursuant 33 to Virginia Code § 58.1-816 ("Recordation Tax"); 34 35 WHEREAS, prior to the establishment of the Fund, the City of Virginia Beach 36 received a portion of the Recordation Tax from the Commonwealth of Virginia; 37 38 WHEREAS, the loss of revenue from the reallocation of the Recordation Tax has 39 created an ongoing financial burden on the City of Virginia Beach; 40 41 WHEREAS, HRT may help all Participating Cities mitigate this adverse financial 42 impact by strategically allocating its eligible state and federal funding; 43 44 WHEREAS, the current Allocation Agreement does not permit HRT to strategically 45 allocate its state and federal funding amongst the Participating Cities; 46 WHEREAS, the Allocation Agreement may be amended, via a resolution from 47 each Participating City, to permit HRT to strategically allocate its eligible state and federal 48 funding; and 49 50 WHEREAS, the City of Virginia Beach desires to modify and amend the Allocation 51 Agreement so that HRT may help mitigate adverse financial impacts to the City and the 52 other Participating Cities from the date of this Resolution until June 30, 2021. 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA, THAT: 56 57 1. Beginning July 1, 2020 and continuing until June 30, 2021 ("Hold Harmless 58 Period"), which corresponds with HRT's fiscal year 2021, HRT is authorized to 59 strategically allocate its available and eligible federal and state funding, to the City 60 of Virginia Beach in such a manner as to first offset the loss of recordation tax 61 revenue to the City of Virginia Beach as a result of Virginia Code § 58.1-816. 62 During the Hold Harmless Period, the City of Virginia Beach will support HRT as 63 the transportation district in the Hampton Roads region to receive moneys from the 64 Fund. The Fund shall, in accordance with all applicable statutes, be administered 65 by the Hampton Roads Transportation Accountability Commission ("HRTAC") for 66 the purpose of the development, maintenance, and improvement of a core regional 67 network of transit routes and related infrastructure, rolling stock, and support 68 facilities with high frequency bus service in the Hampton Roads region. 69 70 2. During the Hold Harmless Period, the City agrees to modify the Allocation 71 Agreement, Article IX, Allocation of Revenues, sections (D) and (E) shall be 72 deleted and replaced as follows: 73 74 Article IX. Allocation of Revenues 75 [* . 1 76 D. Federal funds received to reimburse net eligible operating 77 expenses will be strategically allocated to each Participating City. 78 Eligible federal funds, in combination with eligible state funds, will be 79 allocated on an annual basis, in such combinations and amounts to 80 be determined by the Commission. Subject to the requirements of 81 Article X, and in the event eligible federal funds are available, such 82 funds will be allocated to the Participating Cities to offset any 83 deficiencies between the estimated Local Share in each Participating 84 City TSP and the actual Local Share determined by the Commission 85 at the end of each of the fiscal year. 86 87 E. State funds received to reimburse net eligible operating expenses 88 will be strategically allocated to each Participating City. Eligible state 89 funds, in combination with eligible federal funds, will be allocated on 90 an annual basis, in such combinations and amounts to be 91 determined by the Commission. Subject to the requirements of 92 Article X, and in the event eligible state funds are available, such 93 funds will be allocated to the Participating Cities to offset any 94 deficiencies between the estimated Local Share in each Participating 95 City TSP and the actual Local Share determined by the Commission 96 at the end of the fiscal year. 97 98 3. During the Hold Harmless Period, the City agrees to modify Article X, Calculation 99 of Local Share of Operating Costs, of the Cost Allocation Agreement and add new 100 section (C) as follows: 101 102 Article X. Calculation of Local Share of Operating Costs 103 [* * *] 104 C. The fiscal year of the Commission shall begin on July 1 and 105 conclude on June 30. On or before June 30, 2020, the Commission 106 shall allocate available and eligible federal and state funding to each 107 Participating City in such a manner as to first offset the loss of 108 recordation tax revenue to a Participating City as a result of Virginia 109 Code § 58.1-816. The offset amount for each Participating City will 110 be equal to the amounts stated in the table attached to this 111 Agreement as Exhibit 1 ("Recordation Offset"). The Recordation 112 Offset for each Participating City shall be retained in full by the 113 Commission and applied in its entirety to the budgeted total local 114 share of Local Funds for that Participating City, as stated in the 115 Participating City TSP for FY2021. 116 117 In the event the actual total local share of Local Funds is less than 118 the budgeted total local share of Local Funds for a Participating City, 119 after the application of the Recordation Offset, in FY2021 ("Surplus"), 120 then such Surplus shall be refunded in full by the Commission to that 121 Participating City on or before August 1, 2022. 122 123 In the event the actual total local share of Local Funds, exceeds the 124 budgeted total local share of Local Funds for a Participating City, 125 after the application of the Recordation Offset, in FY2021 ("Deficit"), 126 then such Deficit shall be paid in full by the Participating City to the 127 Commission on or before August 1 , 2022. 128 129 As long as a Participating City receives a Recordation Offset from 130 the Commission, such Participating City shall support the 131 Commission as the transportation district in the Hampton Roads 132 region to receive moneys from the Hampton Roads Regional Transit 133 Program and Fund (Fund) established pursuant to Virginia Code § 134 33.2-2600, as may be amended from time to time. 135 136 4. Except for the obligation for the Commission to pay any surplus to the City of 137 Virginia Beach or the City to pay any deficit to the Commission by August 1, 2022, 138 on duly 1, 2021, all amendments to the Allocation Agreement contemplated by this 139 Resolution shall automatically terminate,be deleted from the Allocation Agreement 140 and of no further effect without the need of further action by any party to the 141 Allocation Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,Utt • - and Management Services City Attorneys Office CA15083 R-1 June 1, 2020 64 ITEM— V.H.7 ORDINANCES/RESOLUTIONS ITEM#70386 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT,Resolution to SET aspirational goals in City contracts re participation at 13.3%for women- owned businesses and 11.9%for service-disabled veteran-owned businesses 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 June 16, 2020 1 A RESOLUTION TO SET ASPIRATIONAL GOALS 2 FOR WOMAN-OWNED AND SERVICE-DISABLED 3 VETERAN-OWNED BUSINESS PARTICIPATION IN 4 CITY CONTRACTS 5 6 WHEREAS, City Council is committed to the City's established policy of equal 7 opportunity and nondiscrimination in procurement, and supports economic advancement 8 for all of its citizens; 9 10 WHEREAS, City Council reaffirms the City's policy of encouraging the participation 11 of all businesses in City procurement activities; 12 13 WHEREAS, in April 2019, City Council re-established its aspirational goal for 14 minority-owned business participation in City contracts at 12% based on the results of the 15 City's first Disparity Study; 16 17 WHEREAS, the Disparity Study also provided findings regarding the availability of 18 woman-owned and service-disabled veteran-owned businesses based on the 19 representation of such businesses in the relevant market, which would be the basis for 20 setting an aspirational goal for the participation of woman-owned and service-disabled 21 veteran-owned businesses in City contracts; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That City Council hereby sets the City's aspirational goal for woman-owned 27 business participation in City contracts at 13.3% and service-disabled veteran-owned 28 business at 11.9%. 29 30 BE IT FURTHER RESOLVED: 31 32 That, in addition to the previous requirements placed upon the City Manager to 33 report annual contract award reports in furtherance of the 12% aspirational goal for 34 minority-owned business participation, the City Manager shall make an annual report to 35 the Council providing the fiscal year award amounts in furtherance of the aspirational 36 goals for woman-owned and service-disabled veteran-owned business participation in 37 City contracts. Adopted by the City Council of the City of Virginia Beach, Virginia, this 16tHay of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City ttor ey's Office CA15054/R-1/April 20, 2020 65 ITEM— V.H.8 ORDINANCES/RESOLUTIONS ITEM#70387 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to DIRECT the City Manager to undertake a local certification of small businesses and AMEND City Code Section 2-224.1 re definition of SWaM certified small business 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 June 16, 2020 1 AN ORDINANCE TO DIRECT THE CITY MANAGER 2 TO UNDERTAKE LOCAL CERTIFICATION OF 3 SMALL BUSINESSES FOR PURPOSES OF SMALL, 4 WOMAN-, MINORITY-, AND SERVICE-DISABLED 5 VETERAN-OWNED BUSINESS INITIATIVES AND 6 TO AMEND THE CITY CODE DEFINITION OF SWAM 7 CERTIFIED SMALL BUSINESS 8 9 WHEREAS, the City Council is committed to the City's established policy of equal 10 opportunity and nondiscrimination in procurement, and supports economic advancement 11 for all of its citizens; 12 13 WHEREAS, the City Council reaffirms the City's policy of encouraging the 14 participation of all businesses in City procurement activities; 15 16 WHEREAS, the Disparity Study also provided findings regarding the availability of 17 small, woman-, minority- and service-disabled veteran-owned businesses ("SWaM"); 18 19 WHEREAS, the findings of the Disparity Study were based on a certification 20 process by the consultant, BBC Research, that used a self-certification process that was 21 not reliant upon the Commonwealth certification of SWaM businesses through the 22 Department of Small Business and Supplier Diversity; 23 24 WHEREAS, to maximize certification opportunities, the City desires to implement 25 local certification in addition to, or as an alternative to, state certification. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 1 . The the City Council hereby directs the City Manager to undertake a local certification 31 of small, woman-, minority- and service-disabled veteran-owned businesses. This 32 local certification shall not be required of any business that has a certification from the 33 Virginia Department of Small Business and Supplier Diversity or a successor 34 department or agency. 35 36 2. The § 2-224.1 of the City Code is hereby amended and reordained as follows: 37 38 Sec. 2-224.1 — Definitions. 39 40 For purposes of this subsection, the following words shall have the meanings 41 ascribed to them in this section: 42 43 44 45 SWaM-certified small business means a small business that has been certified by 46 the Virginia Department of Minority Buc,ness Enterprises Small Business and 47 Supplier Diversity or a successor department of the Commonwealth. SWaM- 48 certified small business may also mean a business that has been certified by the 49 City's small business office. Adopted by the City Council of the City of Virginia Beach, Virginia, this'6 t hday of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City omey's Office CA15090 R-1 June 5, 2020 66 ITEM— V.H.9a ORDINANCES/RESOLUTIONS ITEM#70388 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to ADD City Code Section: a. Section 2-224.14 re enacting a Project Goals Program to review City construction contracts over $5-Million to determine requirements for minority-business subcontracting 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 June 16, 2020 1 AN ORDINANCE TO ADD CITY CODE SECTION 2- 2 224.14 TO REMEDY A STATISTICALLY 3 SIGNIFICANT DISPARITY BETWEEN THE 4 AVAILABILITY AND UTILIZATION OF MINORITY- 5 OWNED BUSINESSES BY ENACTING A PROJECT 6 GOALS PROGRAM 7 8 SECTION ADDED: § 2-224.14 9 10 WHEREAS, the City completed a Disparity Study, and the results were 11 provided to City Council in January of 2019; 12 13 WHEREAS, the Disparity Study found a statistically significant disparity 14 between the availability and utilization in construction for Asian American-owned, 15 Black American-owned, and Hispanic American-owned businesses; 16 17 WHEREAS, the Virginia Code provides authority for the City to enact a 18 racially conscious remedial measure if there is a persuasive analysis that 19 documents a statistically significant disparity between the availability and utilization 20 of minority-owned businesses; 21 22 WHEREAS, the racially conscious measure described herein is intended to 23 be tailored to included only those subgroups of minority-owned businesses for 24 which the Disparity Study found a substantial disparity between availability and 25 utilizations. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Council accepts the findings of the Disparity Study that 31 there is a statistically significant disparity between the availability and utilization in 32 construction for Asian American-owned, Black American-owned, and Hispanic 33 American-owned businesses, which are set forth in the attached Exhibit A, and is 34 incorporated herein, and, accordingly, the City Council accepts the 35 recommendation of the Disparity Study to implement race-conscious project goals 36 for construction projects. 37 38 2. That in furtherance of the above-stated desire and intent of the City 39 Council, the following section of the Code of the City of Virginia Beach shall be 40 added as follows: 41 42 Chapter 2. ADMINISTRATION 43 44 ARTICLE VI. FINANCE 45 . . . . 1 46 47 Section 2-224.14. —Project Goals—Construction. 48 49 (a) For a solicitation to purchase construction services with an estimated value 50 of more than five million dollars ($5,000.000). the Purchasinq Agent or 51 designee shall review the anticipated scope of work to make a 52 determination as to whether there are sufficient subcontracting 53 opportunities for meaningful minority-owned business project goals. In the 54 setting of a project goal,the term'minority-owned business'shall mean only 55 businesses owned by Asian Americans. Black Americans. and Hispanic 56 Americans. In the development of the solicitation, the Purchasing Agent or 57 designee in consultation with the City's SWaM Business Office shall use the 58 same or substantially similar goal-setting methodology as is utilized in the 59 federal Urban Construction Initiative. 60 (b)The project goal for the solicitation shall be a requirement for a responsive 61 bid. Alternatively, a bidder may seek a waiver from the project goal 62 requirement by submission of good faith efforts. The review of the request 63 for a waiver shall use the same factors as set forth in § 2-224.2. Any 64 determination of good faith efforts as a waiver shall be reduced to writing 65 and made a part of the procurement record. 66 (c) For purposes of classification as a minority-owned business for purposes of 67 this section.the City shall allow certification through the Virginia Department 68 of Small Business and Supplier Diversity or certification through the City's 69 SWaM Business Office. 70 (d)The requirements of this section shall not apply to emergency procurements 71 nor projects that include federal disadvantaged business enterprise 72 requirements or similar requirements. 73 (e)The Purchasing Agent shall provide quarterly reports to the City Council of 74 aft construction ion bids in excess of $5 milrion. the project goal for each 75 solicitation, arid the results of the bids for such contracts. including the 76 proposed minority-owned business subcontracting. 77 78 3. This ordinance shall expire on June 30, 2024, and Section 2-224.14 79 shall be repealed effective June 30, 2024. Adopted by the Council of the City of Virginia Beach,Virginia,on the 16 t h day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department ' K,. � s Office CA15053 l R-1 April 20,2020 2 Exhibit A Figure F-5. Time period:07/01/2012-06/30/2017 Contract area:Construction Contract role:Prime contracts and subcontracts Contract size:N/A Goals:Goals and no goals (a) (b) (c) (d) (e) (f) (g) Number of Total Estimated contract dollars total dollars Utilization Availability Utilization- Disparity Business Group elements (thousands) (thousands)* percentage percentage Availability index (1)All businesses 3,445 $525,979 $525,979 (2) Minority and woman-owned businesses 886 $61,948 $61,948 11.8 19.8 -8.0 59.5 (3) Non-Hispanic white woman-owned 485 $48,793 $48,793 9.3 9.6 -0.3 96.4 (4) Minority-owned 401 $13,155 $13,155 2.5 10.2 -7.7 24.6 (5) Asian American-owned 59 $1,061 $1,074 0.2 1.6 -1.4 12.8 (6) Black American-owned 257 $6,676 $6,755 1.3 5.7 -4.4 22.5 (7) Hispanic American-owned 39 $5,058 $5,117 1.0 2.8 -1.8 34.6 (8) Native American-owned 37 $207 $209 0.0 0.0 0.0 117.0 (9) Unknown minority-owned 9 $154 (10) SWAM-certified 703 $54,671 $54,671 10.4 (11) Non-Hispanic white woman-owned SWaM 387 $44,483 $44,483 8.5 (12) Minority-owned SWAM 316 $10,189 $10,189 1.9 (13) Asian American-owned SWAM 29 $768 $780 0.1 (14) Black American-owned SWAM 229 $6,328 $6,425 1.2 (15) Hispanic American-owned SWAM 37 $2,865 $2,909 0.6 (16) Native American-owned SWAM 12 $73 $75 0.0 (17) Unknown minority-owned SWAM 9 $154 Note: Numbers are rounded to the nearest thousand dollars or tenth of 1 percent."Woman-owned"refers to non-Hispanic white woman-owned businesses. 'Unknown minority-owned businesses and unknown minority-owned MWBEs were allocated to minority and MWBE subgroups proportional to the known total dollars of those groups.For example,if total dollars of Black American-owned businesses(column b,row 6)accounted for 25 percent of total minority-owned business dollars(column b,row 4),then 25 percent of column b,row 10 would be added to column b,row 6 and the sum would be shown in column c,row 6.In addition,column c was adjusted for the sampling weights for the contract elements that local agencies awarded. Source:BBC Research&Consulting Disparity Analysis. 67 ITEM— V.H.9b ORDINANCES/RESOLUTIONS ITEM#70389 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to ADD City Code Section: b. Section 2-224. 12 and 2-224.13 re pursue a sheltered bidding initiative wherein under certain contract sizes eligible bidders are restricted to Small, Women,and Minority(SWaM) certified small businesses 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 June 16, 2020 1 AN ORDINANCE TO ADD CITY CODE SECTIONS 2- 2 224.12 AND 2-224.13 TO FURTHER THE CITY'S 3 ENHANCEMENT PROGRAM FOR SMALL BUSINESSES, 4 INCLUDING MINORITY-OWNED, SERVICE-DISABLED 5 VETERAN-OWNED AND WOMAN-OWNED BUSINESSES 6 7 SECTIONS ADDED: §§ 2-224.12 & 2-224.13 8 9 WHEREAS, in 1995, in furtherance of the City Council's commitment to the City's 10 established policy of equal opportunity and nondiscrimination in City procurement, City 11 Council enacted City Code provisions to help ensure that small, minority-owned, and 12 woman-owned ("SWaM") businesses are made aware of City contracting opportunities 13 and are encouraged to compete for City contracts; 14 15 WHEREAS, also in 1995, City Council created the region's first and, with the 16 possible exception of Hampton, only Minority Business Council ("MBC") to (1) advise 17 City Council and the City Manager on policy issues including the City's efforts to 18 encourage the participation of minority-owned businesses and small and woman-owned 19 businesses; (2) conduct educational and training programs to promote the involvement 20 of such businesses in City procurements; (3) serve as a forum for the development of 21 awareness of such businesses in City procurements; and (4) provide annual reports to 22 City Council on the City's progress in achieving greater participation of such businesses 23 in City contracts; 24 25 WHEREAS, since that time, the volunteer members of the MBC have worked 26 vigilantly and tirelessly with City staff to develop and implement a variety of initiatives to 27 increase minority participation in City procurement, with positive results; 28 29 WHEREAS, the City completed a Disparity Study, and the results were provided 30 to City Council in January of 2019; 31 32 WHEREAS, the Council has subsequently increased its aspirational goal for 33 minority contracting to 12% to align with the results of the Disparity Study; 34 35 WHEREAS, at the oral presentation of the findings of the Disparity Study, 36 Sameer Bawa of BBC Consulting recommended that the City review a sheltered bidding 37 program for small construction contracts and small goods and services contracts; 38 39 WHEREAS, the Virginia Code provides authority for the City to enact a small 40 business enhancement program; 41 42 WHEREAS, a small business enhancement program would enhance small 43 businesses including minority-, woman-, and service-disabled veteran-owned 44 businesses, and also likely would be beneficial to locally owned businesses; 45 1 46 WHEREAS, the proposed addition to the small business enhancement program 47 will allow the City's efforts to be targeted to prime contracting in addition to the current 48 subcontractor program; and 49 50 WHEREAS, the City's MBC endorsed the sheltered bidding program that is set 51 forth herein. 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 1. That the City Council finds there is a rational basis to enhance the 57 participation of SWaM-certified small businesses, including woman-, minority-, and 58 service-disabled veteran-owned businesses, in City procurement processes, and that 59 rational basis is supported by the results of the Disparity Study completed in January 60 2019; and 61 62 2. That in furtherance of the above-stated desire and intent of the City 63 Council, the following sections of the Code of the City of Virginia Beach shall be added 64 as follows: 65 66 Chapter 2. ADMINISTRATION 67 68 ARTICLE VI. FINANCE 69 . . . . 70 71 72 Section 2-224.12. — Sheltered Bidding — Construction. 73 74 (a) For a solicitation to purchase construction services with an expected value of not 75 more than five hundred thousand dollars ($500,000) nor less than twenty-five 76 thousand dollars ($25,000), the Purchasing Agent shall review the anticipated 77 scope of work to make a determination as to whether there are at least three 78 SWaM-certified small businesses willing and able to participate in the 79 procurement solicitation. If the Purchasing Agent finds there are at least three 80 SWaM-certified small businesses willing and able, the Purchasing Agent shall 81 document this finding in writing in the bid file. 82 83 (b) If the finding described in subsection (a) has been made, the invitation to bid 84 shall limit the bidding to SWaM-certified small businesses. In addition to the 85 customary notification methods, the invitation to bid shall be sent to the list of 86 SWaM-certified small businesses maintained by the Purchasing Division for the 87 relevant contracting classification or trade group. If such invitation to bid results in 88 less than two responsive bids, the Purchasing Agent shall cancel the invitation to 89 bid and repeat the bidding process without the SWaM-certified small business 90 limitation. 91 2 92 (c) The requirements of this section shall not apply to emergency procurements. 93 94 Section 2-224.13. — Sheltered Bidding — Goods and Services. 95 96 (a) For a solicitation to purchase of goods or nonprofessional services with an 97 expected value of not more than one hundred thousand dollars ($100,000) nor 98 less than ten thousand dollars ($10,000), the Purchasing Agent shall review the 99 anticipated scope of work to make a determination as to whether there are at 100 least three SWaM-certified small businesses willing and able to participate in the 101 procurement solicitation. If the Purchasing Agent finds there are at least three 102 SWaM-certified small businesses willing and able, the Purchasing Agent shall 103 document this finding in writing in the bid file. 104 105 (b) If the finding described in subsection (a) has been made, the invitation to bid or 106 request for proposals shall limit the bidding to SWaM-certified small businesses. 107 In addition to the customary notification methods, the invitation to bid shall be 108 sent to the list of SWaM-certified small businesses maintained by the Purchasing 109 Division for the relevant vendor type. If such invitation to bid or request for 110 proposals results in less than two responsive bids, the Purchasing Agent shall 111 cancel the invitation to bid or request for proposals and repeat the bidding 112 process without the SWaM-certified small business limitation. 113 114 (c) The requirements of this section shall not apply to emergency procurements or 115 cooperative procurements. 116 117 3. The implementation of this ordinance may be delayed to allow the Finance 118 Department to complete the implementation of a new financial or ERP system, which is 119 intended to be completed in Fiscal Year 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City Att n y's Office CA13911 R-5/June 4, 2020 3 68 ITEM— V.H.9c ORDINANCES/RESOLUTIONS ITEM#70390 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to ADD City Code Section: c. Section 2-224.15 re enact an enhanced subcontracting program to identify all proposed solicitations where subcontracting will be required 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 June 16, 2020 1 AN ORDINANCE TO ADD CITY CODE SECTION 2- 2 224.15 TO FURTHER THE CITY'S ENHANCEMENT 3 PROGRAM FOR SMALL BUSINESSES, INCLUDING 4 MINORITY-OWNED, SERVICE-DISABLED 5 VETERAN-OWNED AND WOMAN-OWNED 6 BUSINESSES 7 8 SECTION ADDED: § 2-224.15 9 10 WHEREAS, the City completed a Disparity Study, and the results were 11 provided to City Council in January of 2019; 12 13 WHEREAS, the Council has subsequently increased its aspirational goal 14 for minority contracting to 12% to align with the results of the Disparity Study; 15 16 WHEREAS, the Virginia Code provides authority for the City to enact a 17 small business enhancement program; 18 19 WHEREAS, a small business enhancement program would enhance small 20 businesses including minority, woman, and service-disabled veteran owned 21 businesses, and also likely would be beneficial to locally owned businesses; 22 23 WHEREAS, the proposed addition to the small business enhancement 24 program will allow the City to increase subcontracting opportunities, and 25 subcontracting opportunities provide accessible opportunities for small and diverse 26 businesses to participate in City contracting. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 1 . That the City Council finds there is a rational basis to enhance the 32 participation of SWaM-certified small businesses, including woman and minority- 33 owned businesses, in City procurement processes, and that rational basis is 34 supported by the results of the Disparity Study completed in January 2019; and 35 36 2. That in furtherance of the above-stated desire and intent of the City 37 Council, the following sections of the Code of the City of Virginia Beach shall be 38 added as follows: 39 40 Chapter 2. ADMINISTRATION 41 42 ARTICLE VI. FINANCE 43 . . . . 44 45 1 46 Section 2-224.15. — Enhanced Subcontracting — Construction and Goods 47 and Services Contracts. 48 49 (a) The Purchasing Agent or designee, in consultation with the City's staff that 50 have been trained to assist in the implementation of the City's SWaM 51 program, shall review all proposed construction and goods and services 52 solicitations to seek opportunities for enhanced subcontracting. For those 53 selected contracts. the solicitation shall include a statement designating the 54 contract for enhanced subcontracting and including the requirements of this 55 section. 56 57 (b)A contract selected for enhanced subcontracting shall require, as a matter 58 of responsiveness that a bidder or offeror subcontract a minimum of 50% 59 percent. by dollar amount of the bid or proposal total. 60 61 (c) The review of good faith efforts described in §.§ 2-224.2 and 2-224.6 shall 62 apply. All other requirements in § 2-224.3 for construction contracts and 63 2-224.4 for goods and services contracts shall apply. Adopted by the Council of the City of Virginia Beach,Virginia,on the in t1L day of June , 2020. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Finance Department ityTA 's Olfce CM 5055 R-2 April 22, 2020 2 69 ITEM— V.H.10 ORDINANCES/RESOLUTIONS ITEM#70391 Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council INDEFINITELY DEFERRED, Ordinance to AMEND City Code Section 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses(Requested by Sheriff Stolle) 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 June 16, 2020 70 ITEM— V.H.11 ORDINANCES/RESOLUTIONS ITEM#70392 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to APPOINT three(3)viewers for one-year terms beginning July 1, 2020 re view each street or alley proposed to be closed 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 June 16, 2020 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2020, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-111.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2020 and ending June 30, 2021. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2020 and ending June 30, 2021 , to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: cl _ Depart nt of Planning it A orney's Office CA15080 R-1 May 21, 2020 71 ITEM— V.H.12a ORDINANCES/RESOLUTIONS ITEM#70393 • Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as: a. Harbor Canal located at the rear of 2309 Leeward Shore Drive re maintain an existing bulkhead and pier and construct and maintain a floating dock 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 June 16, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 PROPERTY KNOWN AS HARBOR CANAL 6 LOCATED AT THE REAR OF 2309 LEEWARD 7 SHORE DRIVE 8 9 WHEREAS, Jack H. Lane, Jr. and Gina Lane ("Applicants") have requested 10 permission to maintain an existing bulkhead and pier and to construct and maintain a 6' x 11 10' floating dock, a 260 sq. ft. dock and a 12'x 12' boatlift(the "Encroachments")at the rear 12 of their property, located at 2309 Leeward Shore Drive (GPIN: 2409-19-0833). The 13 Encroachments would extend approximately 16' into the City's property known as Harbor 14 Canal; and 15 16 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 25 assigns and successors in title, are authorized to construct and maintain the 26 Encroachments in the City's property known as Harbor Canal, as shown on the map 27 entitled: "JOINT PERMIT APPLICATION PROPOSED PIER & BOATLIFT LANE 28 RESIDENCE 2309 LEEWARD SHORE DRIVE VIRGINIA BEACH, VA 23451", containing 4 29 pages, dated January 9, 2020, prepared by Gaddy Engineering Services, LLC, a copy of 30 which is attached hereto as Exhibit A,, and to which reference is made for a more particular 31 description; 32 33 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 34 to those terms, conditions and criteria contained in the agreement between the City of 35 Virginia Beach and Jack H. Lane, Jr. and Gina Lane (the "Agreement"), an unexecuted 36 copy of which has been presented to the Council in its agenda, and after execution, will be 37 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 38 Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Jack H. Lane, Jr. and Gina Lane and the City Manager or his authorized 45 designee execute the Agreement. i 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 h t-h 47 day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA14853 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d019\p035\00627153.doc R-1 June 2, 2020 2 SHEET MRC 1 of 4 I OVERALL SITE,GENERAL INFORMATION VTBD# Gcs50P P�� O NORTH 0%4) ' • (47 r Fee, QP� � ` ��0 0 �p ��oa�JE '\ O P P� ,\cp `\ /yss°7 �44,s:!QC/KY 0(:) \\ SS7'w 773A. 7' '0 \I�I •,o LOCATION MAP 1"=2000' LOT-216 \c, I I \ MID ATLANTIC ENVIRONMENTAL L.L.C. 1517 MIRASSOU LANE ir ) VIRGINIA BEACH,VIRGINIA FAX(757)4 6 8744 OFFICE SEQUENCE&TIMELINE OF CONSTRUCTION 1.OBTAIN ALL NECESSARY PERMITS O 2.HOLD PRECONSTRUCTION MEETINGS AS NECESSARY o I 6? 3.STOCKPILE NEW MATERIAL WITH o EXISTING DRIVEWAY ccoo \ , 4. USE CONSTRUCTION ACCESS AS SHOWN x \ II` 0 5.INSTALL NEW PILES,BOAT LIFT,WOOD PIER.& rjn. FLOATING PIER 6.RESTORE ALL AREAS OF DISTURBANCE IN KIND co 44444 EDll 44g $ !1! O APPLICANT ADJACENT OWNERS \ Ch pp0 JACK H.LANE,JR.&GINA LANE O2 DANIEL L.BARKER& O �� p 2309 LEEWARD SHORE DRIVE KERRI L.WILLIAMS,TRUSTEES `t= N VIRGINIA BEACH,VA 23451 2305 LEEWARD SHORE DR. C2 \ (757)XXX-XXXX VIRGINIA BEACH,VA 23451 Z 3 GPIN:2409-19-0833 GPIN:2409-19-1856 LOT-215 O DANIEL E.WILLIARD,II i;;h� ARY LOU WILLIARD • ;-,H1. ,,j r� , • 3 LEEWARD SHORE DR. : LOT-217 . ts3., •., ��if BEACH,VA 23451 ^� /GPIN:2409-09-8991 •r4:= lb p;� MICHAEL S. GAO . z o Lio. No. a _____128.81 -0 040754 Se/6059'2 "E L=197.84' ''p /-09 20Z0 k,4' E ARD SHORE DR/VE(50'R/W 25� �SSIONAL ��G\� LE (US. 48 PG. 15) SCALE 1"=40' APPLICANT JOINT PERMIT APPLICATION JACK H.LANE,JR.&GINA LANE GADDY PROPOSED PIER&BOATLIFT 2309 LEEWARD SHORE DRIVE LANE RESIDENCE VIRGINIA BEACH,VA 23451 2309 LEEWARD SHORE DRIVE (757)619-7175 ENGINEERING SERVICES, LLC GPIN:2409-19-0833 508 N.Birdneck Road,Suite D (757)289-5933 VIRGINIA BEACH,VA 23451 Virginia Beach,VA 23451 mike.gaddy@gmail.com SHEET MRC# 2 OF 4 I EXISTING CONDITIONS I vTBD MID ATLANTIC ENVIRONMENTAL L.L.C. 1517 MIR'SSOU LANE 0 ' VIRGINIA BE•�'H.VIRGINIA 23454 �� `I FAX(757)496-87/4 OFFICE(757)560-5780 i ° F 4 BOAT L/FT ` !� • '\\� N P/LE(TYP.) FBB - fr o MI HA L S. GAO z U Lic. No. � Y . ° ^�� tilts°7 by 040754 �� \\ ss,,, .QB o�oi o�zozo�, °.°° \z\ w �� BG yew-Q�, FS ��`� s, E °O� �� \ \ •00 'may ,�ti-'9 ONAL H` �M1j J� \ I I LOT-116 APPROXIMATE LOCAT/ON 7-/ OF FLOOD ZONE ONE AS SCALED FROM FIRM. / O \ / N m Z / \ x v,\ POOL I Y SHED O \O\ Cl 4 \ \, - -- A O \ . LOT-215 M ',-,,,,- \ LOT-217 n. °c,-) 4dr...*- 44.4& , !-.0 Cr U) O cv O NM 2-STORY FRAME o \ 2 A'1309 ,' Z O` I 11111111 The property DOES fall IMIIIIIMININIIMI within a Special Flood Hazard Area as shown on the FEMA NFIP FIRM for coNc the City of Virginia Beach, i DATUM: NAVD88 Virginia,Community Panel MLW=(-)0.8 Number 51 55 31 0041G, MHW=1.0 dated January 16,2015. i y`' The property falls in Flood Zone(s)X(SHADED)& AE(EL7) 28.81' 6°59'23"C L=197.84. P/N(F, i \ R=478.25' 6 LEEWARD SHORE DR/l/E SEWERMANHoLE '.�-�Y, R/M-686 GADDY 0 30 60 (M..8 46 PG.75) Elevations shown are based on the NAVD 1988 datum. ENGINEERING SERVICES,LLC Elevations shown in the water area are actual elevations 508 N.Birdneck Road.Suite D (757)289-5933 SCALE 1"=30' as opposed to depth of water. Virginia Beach,VA 23451 mtke.gaddy@gmail.com g g y@gmail.com SHEET 3 OF 4 I PROPOSED CONDITIONS I vTBD I MID ATLANTIC ENVIRONMENTAL L.L.C. REMOVE PROPOSED REMOVE 1517 MIRASSOU LANE EXISTING�o 9f FLOATING EXISTING I ' VIRGINIA BE• H,VIRGINIA 23454 PILE o DOCK Y�" �, PROPOSED ` � �� FAX(757)496-87�� OFFICE(757)560-5780 �, �t 280S.F.DOCK � l BOAT UFT ``,. �F�� f \\ , •f �• P/LEITYP)a M CHA L GAD►. z • � PROPOSED 0 ~' 10.000 LB. U/ / ' 0; . • Lic. No. /� BOAT LIFT <b I ( N ` -0 040754 0; ____,4/4 9B �� O �a \ 773 ao�y� �C-q��! ON Al ��E \ •�0 qo \ I I LOT-216 / APPROX/MATE LOCAT/ON V OF FLOOD ZONE L/NEAS v I SCALED FROM FIRM V N� \ / r m i \ / I X / \Z 0 POOL o\ / SHED / O \ / .. to \ O co \ \ cri l Z \ CONC \ 1--- / r \ \ x , II� O LOT-2f5 \M ' , o _ ,�j *%" �� N, % d W j� LOT-217 O U O N 4 N 0 M 2-STORY FRAME42309 M �\ Z `�BRICK ill 111.1111" IMIMMIIIIIMINE I CONC 1 28.81' P/N/F/ . S/36°59'23" L=197.84' 6 _ 1 R=478.25' LEEWARD SHORE DR/l/E SEWER MANHOLE s4 PG. R/M=688 o GADDY 0 30 60 nLB.ae Pc.>s) IIIMI ENGINEERING SERVICES,LLC Elevations shown are based on the NAVD 1988 datum. 508 N.Birdneck Road,Suite D (757)289-5933 SCALE 1"=30 Virginia Beach,VA 23451 mike.gaddy@gmail.com S 4 HOF 4I PROPOSED PIER PROFILE&DETAILS I vTBD I Elevations shown are based 5/8"THRU BOLT on the NAVD 1988 datum. DOCK WASHER&NUT 2X8 CROSS TIE CROSS TIE&STRINGER TO PILE ta. 0� 2X8 STRINGER 2X6 DECKBOARD(TYP.) 4v ',A', 16d NAIL(OR#10 SCREW) __...-- �� • FLOATING DOCK I�./��/ DECK BOARD TO STRINGER , ; MICHAEL . GAi I 'Z (WOOD DECKING i� � p OVER CWI FLOATS) 4t 0, U Lic. No. p��ff �� /`pip! 8"PILE �� 040754 /09ZOZO 4' �S. 16d NAIL FACIA TO SiONAU F .1`'� �' �I STRINGER&PILE a �Ge`I/, �,� ',,1,0 1 • / 0 PROPOSED PIER DETAIL 8. .. \,,_,. i, '' / OqT�� O / SCALE 1"= 10' \• ' / T ELEVATE PILE 8, 47\�' / CAP 1'(TYP.) ` _ ` \; ' EX.BULKHEAD ELEV.=3.4 2X6 DECKBOARD `� EX.DECKING \ �� EL 3.4 — ` n u e 1.5X MHW(2.7) EX.GRADE 1 �I I 1 - MHW(1.0) �I I�--1 i I MLW(-0.8) NOTES: I F" 1. ALL TIMBER MATERIALS USED IN (- SUBAQUEOUS ELEV.=-)3 0 MARINE ENVIRONMENT SHALL BE I i 1-I 1 I-I 1 I - I - - "I 11-I 1 I-I 11 I I 1--_ PRESERVATIVE TREATED IN Iaii I I -I I I-III-III= 1- III-I 1 I=I 1 I-III-I i ACCORDANCE WITH AMERICAN WOOD I-III-I 1 I-I I 'I; .I I-III-III-I I I I I- PROTECTION ASSOCIATION(AWPA) 8"PIER PILE X t16'LONG 50% EX.GRADE STANDARDS C2 AND C18. OF TOTAL PILE LENGTH ACCORDANCE ALL HARDWARE SHALL BE IN ACCORDANCE WITH ASTM A-153. PENETRATES BELOW BOTTOM 7--10 T--7 3. BOATLIFT TO TBE INSTALLED AS PER GRADE AND INTO FIRM SOIL THE MANUFACTURER'S �� SECTION SI-SI�� RECOMMENDATIONS. FINAL SCALE 1"= 10' ELECTRICAL POWER CONNECTION TO BE PERFORMED BY A LICENSED TIMBER BEAM OVERHEAD I-BEAM ELECTRICIAN.ALL ASSOCATED HARGUIDE POST END BRACKET WITH T WARE S HALL BE IN O THESE PLANS AND WIT ACCORDANCE 7-GALV.SHACKLE MANUFACTURER'S SPECIFICATIONS. 2 i 4. CONTRACTOR TO VERIFY THE PILE PILING(BY OTHERS) SPACING/WIDTH OF THE BOATLIFT WITH w PROPOSED DOCK CRADLE I-BEAM THE BOAT MANUFACTURER OR OWNER. m (BY OTHERS 1.5X MHW(2.7) DIMENSION NOT TO EXCEED 12.0'WIDE Q MHW(1.0) MID ATLANTIC ENVIRONMENTAL L.L.C. MLW -0.8) 1517 MIRASSOU LANE VIRGINIA BEACH,VIRGINIA 23454 BUNK BRACKET SUBAQUEOUS ELEV.=(-)3.0 FAX(757)496-8744 OFFICE(757)560-5780 11 IIIIIIII1IIIIIIIIIII I ! ;III IIIIIII EX.GRADE6 8"PIER PILE X±25'LONG 50% OF TOTAL PILE LENGTH. GiEEY PENETRATES BELOW BOTTOM _ _ GRADE AND INTO FIRM SOIL / 12' / PROPOSED LIFT SECTION ENGINEERING 508 N.Bi dne k Road,Suite DSERVICES,S)2 9-5933 SCALE 1"= 10' Virginia Beach.VA 23451 mike.gaddy@gmail.com N W E SHORE DR S , , SITE • Fqr 411P- .1111/1/111111/1/49-19-083 //. LEEWARD SHORE DR _4 f.4 --________,,,I L._____,r--_] _SPINDRIF .11 / LOCATION MAP ENCROACHMENT REQUEST JACK H LANE JR AND GINA LANE Legend City Properties 2309 LEEWARD SHORE DRIVE GPIN 2409-19-0833 � Feet D2409-19-0833 0 50 100 200 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JACK H. LANE, JR. and GINA LANE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 216", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT", prepared by Frank D. Tarrall, Jr. & Associates, having a scale of 1" = 100' and dated October 1958. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2309 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead and pier and to construct and maintain a floating dock, dock and boatlift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and NO GPIN REQUIRED OR ASSIGNED (HARBOR CANAL) GPIN 2409-19-0833 (2309 LEEWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Harbor Canal the 'Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat consisting of four (4) sheets entitled: "JOINT PERMIT APPLICATION PROPOSED PIER & BOATLIFT LANE RESIDENCE 2309 LEEWARD SHORE DRIVE VIRGINIA BEACH, VA 23451", a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attomey's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit A or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JACK H. LANE, JR. and GINA LANE, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by _, CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number. My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By e __ J H. LANE, JR., Owner B GINA L NE, Owner STATE OF • CITY/COUNTY OF V 1 CGrtticitn , to-wit: The foregoing instrument was acknowledged before me this ' (/ lay of ►'... t ,' , 2020, by JACK H. LANE, JR.. Ur 44' 4EAL) Notary Public llllllllll �, ;: l UB(j Notary Registration Number: —I53yu25) �G2�,• N 6'_ My Commission Expires: )?i' Ab 2 3 c°tii,4os2 . STATE OF CITY/COUNTY OF \ti fotikez,beat,h , to-wit: The foregoing instrument was acknowledged before me this .Cc 44`day of 2020, by GI`N VM,"4,,,,,,,' ��: pva4. 4;c s taJhJ/ta! €1 (- (SEAL) '•p Res '2\o' . Z= No ary Public t. Gfl �A Notary Registration Number: '••...... ��,�' ��CJ(��5 -� • r�▪ 6r� 1„ ONWEA i ca � = MyCommission Expires: - j ^� O 4• 4. s t3 0* APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE CITY ATTORNEY DEPARTMENT 8 SHEET 1 of 4 OVERALL SITE,GENERAL INFORMATION I VTBD# i cA. ey,PEE g�� t ° NORTH T �o�0 QP 0,0 o O o _ 4:::;: �I�` ' NSo. 4::oini ROP- 0P14 '\ S • 7 .sir. C.i I' 0 PO • I • \ 1 �/.. LOCATION MAP 1"=2000' \ COt. I LOT-116 I I \ MID ATLANTIC ENVIRONMENTAL L.L.C. w i VIRGINIA BEACH,VIRGINIA 23454 FAX(757)496-8744 OFFICE(757)560-5780 /s / SEQUENCE&TIMELINE OF CONSTRUCTION 1.OBTAIN ALL NECESSARY PERMITS / O 2. HOLD PRECONSTRUCTION MEETINGS AS NECESSARY C. ( 3.STOCKPILE NEW MATERIAL WITH \\ EXISTING DRIVEWAY ri N.- \ 0 4.USE CONSTRUCTION ACCESS AS SHOWN o 5.INSTALL NEW PILES,BOAT LIFT,WOOD PIER,& x II . FLOATING PIER 6.RESTORE ALL AREAS OF DISTURBANCE IN KIND b OAPPLICANTADJACENT OWNERS OJACKH.LANE,JR.&GINA LANE O DANIEL L.BARKER& 2hO O2309 LEEWARD SHORE DRIVE KERRI L. MLLIAMS,TRUSTEES VIRGINIA BEACH,VA 23451 2305 LEEWARD SHORE DR. M O (757)XXX-XXXX VIRGINIA BEACH,VA 23451 GPIN:2409-19-0833 GPIN:2409-19-1856 LOT-215 ;i11I1 . ODANIEL E.VNLLIARD,II ' : -ARY LOU VNLLIARD IriereoLlka • 3 LEEWARD SHORE DR. LOT-277 ,`q{;�T �. /� I IN 24 BEACH,1 23451 �` /GPIN:2409-09-8991 ,' MICHAEL S. CADI ' z Ov Lic. No. a 28.8 -0 040754 S:..°59'2-."E L=197.84' 1 /--09 2020<,/ L WARD SHORE DR/VE(50'R/W 25© �SSIONAL ��G\� (M.B. 48 PG. 15) SCALE 1"=40' APPLICANT JOINT PERMIT APPLICATION JACK H.LANE,JR.&GINA LANE GADDY PROPOSED PIER&BOATLIFT 2309 LEEWARD SHORE DRIVE LANE RESIDENCE VIRGINIA BEACH,VA 23451 2309 LEEWARD SHORE DRIVE (757)619-7175 ENGINEERING SERVICES,LLC GPIN:2409190833 508 N.Birdneck Road,Suite D (757)289-5933 - - VIRGINIA BEACH,VA 23451 Virginia Beach,VA 23451 mike.gaddy@gmail.com SHEET 2 of 4 EXISTING CONDITIONS I vTBD MID ATLANTIC ENVIRONMENTAL L.L.C. 1517 MIR'SSOU LANE ° VIRGINIA BE874O,VFICE NIA(75 2345)560- ` _ �"orfr.,/ FAX(757)496-87�4 OFFICE(757)560-5780 4,..A.. ,,,,.. BOATL/FT Sao ► r P/LE/TYP/ FBBir o MI HA L S. GAO ' z x • C.J Lic. No. '� Y . • 0 ( NSS° -0 040754 \ '� \ ass „ 'S�.QB �o�oi o9 ZOZo��, \ o �r3 BG�� .7p� �� O ��Ns P \ \ QQ, tiFgo s 4/ n) J` II \ i I \ LOT-116 ' /' , APPROX/MA 7E L OCA>/ON V/ OF FLOOD ZONE L/NE AS V % SCALED FROMF/RM V Np / "' m z x � i -� � I POOL o\ Y SHED /CD kl CONCAlkIN%11) \ \ \x S$ o L07,215 N. ##SAAVF \S o • SS%ICOA%S$ 44 \ Co ,� a �4 �� LOT-217 O I o 1STGiPYFRAME N 0 Ilt: ,C2309 CO z O The property DOES fall }:.L..: .:., within a Special Flood .r:..:; #:,: Hazard Area as shown on the FEMA NFIP FIRM for the City of Virginia Beach, CONC Virginia,Community Panel DATUM: NAVD88 Number 5155310041G, MLW=(-)0.8 dated January 16,2015. MHW=1.0 The property falls in Flood Zone(s)X(SHADED)& AE(EL7) 28.81' Or S16°59'23" L=197.84' P'"rFi I R=478.25' 1 LEEWARD SHORE DR/l/E SEWER�,ANHOLE 50 , R/M-686 GADDY 0 30 60 (MB 4Q PO./s/ Elevations shown are based on the NAVD 1988 datum. ENGINEERING SERVICES,LLC Elevations shown in the water area are actual elevations 508 N.Birdneck Road.Suite D (757)289-5933 SCALE 1"=30' as opposed to depth of water. Virginia Beach,VA 23451 mike.gaddy(1©grnail.corn SHEET 3 OF 4 I PROPOSED CONDITIONS I vTBD I MID ATLANTIC ENVIRONMENTAL L.L.C. REMOVE PROPOSED REMOVE 1517 MIRASSOU LANE EXISTING--o S s x 10 P PILE ' PILE FLOATING VIRGINIA B H,VIRGINIA 23454 DOCK PROPOSED FAX(757)496-87� OFFICE(757)560-5780 • i..��1 280 S.F.DOCK �cb 40P =,, BOAT[/FT /` . P/LE1TYP. 44 - ', M CHA L . GADS z 11 \\� PROPOSED o 000 B. v Lic. No. BOAT LIFT 4 R> I ( �S. ` ::::),,(3/_040754�' . ti �/° ^ \\ 7SS7 -9Q� 20Z0<c,°� a \~� 773eo CASS/0NAI- G II LOT-116 \ , / APPROX/MATEL OCAT/ON 7i OF FLOOD ZONE L/NE AS SCALED FROM FL R.M \ ca / N ZR m\�m X / I in\y Yo\ OSHED \/ \CD CONC �� x v o L07,215 r ��1�� .��.Ilk`s.�� M � So 0ESC61 �A#S# , d •, W O 1_ N ��.kii 2.STORYFR4ME C� \ #2309 Z r q r- 111 �— CONC 28.81' P/N/Fi — S16°59'23"K L=197.84' ' I R=478.25' �i ' " LEEWARD SHORE DR/VE SEWER ,��, RLM=6B6 GiiDY4 0 30 60 (Me ae,Pc./61 ENGINEERING SERVICES,LLC Elevations shown are based on the NAVD 1988 datum. 508 N.Birdneck Road,Suite D (757)289-5933 SCALE 1"=30' Virginia Beach,VA 23451 mike.gaddy@gmail.com S 4 HOF 4I PROPOSED PIER PROFILE&DETAILS vTBD I Elevations shown are based 5/8"THRU BOLT on the NAVD 1988 datum. DOCK WASHER&NUT ' 2X8 CROSS TIE CROSS TIE&STRINGER TO PILE .e j'I' 0� 2X8 STRINGER 2X6 DECKBOARD(TYP.) -ii,, 16d NAIL(OR#10 SCREW) i- FLOATING DOCK r//�..1�/� DECK BOARD TO STRINGER , ' MICHAEL . GAl% Z_ (WOOD DECKING yi �� e 0 Lic. No. OVER CWI FLOATS) `ki / � t 14 8"PILE VI-C)9-2O2 4<i 5, : i`_ Si 16d NAIL FACIA TO 'SS/ON AL �'� `://, �� STRINGER&PILE 8 /VGe`�/, �, <�hFgO•/�*��. / /�/ /eRo'Oo PROPOSED PIER DETAIL `,,� \,, OqT° S ,0 / SCALE 1"= 10' \� 40 / �T ELEVATE PILE \ `it CAP 1'(TYP.) x\`' EX.BULKHEAD ELEV.=3.4 2X6 DECKBOARD ` EX.DECKING \ EL 3.4 — �`\ "Ell I i 1=1 11i L MHW(1.0)\_ 1.5X H (2.7) y EX.GRADE J H- FIHI 11 MLW(-0.8) NOTES: -III—) 1. ALL TIMBER MATERIALS USED IN �I I I= SUBAQUEOUS ELEV.=(-)3.0 MARINE ENVIRONMENT SHALL BE _IH_111- "I I-1=I 11 'i 1=1( I I=1 I 1=111=I 11=111 �i- PRESERVATIVE TREATED IN I-1 IET El 11=I 1 I 111E1 I I—I I I I IE)I El 11=1 I MI I I-1 I ACCORDANCE WITH AMERICAN WOOD I 1=111: `I 1 111-111=._i —I 11-111-11 111=1(1-111=111=1 I I— PROTECTION ASSOCIATION(AWPA) 8"PIER PILE X±16'LONG 50% EX.GRADE STANDARDS C2 AND C18. OF TOTAL PILE LENGTH ACCORDANCE ALL HARDWARE SHALL BE IN ACCORDANCE WITH ASTM A-153. PENETRATES BELOW BOTTOM 7-10 7' 7 3. BOATLIFT TO TBE INSTALLED AS PER GRADE AND INTO FIRM SOIL THE MANUFACTURER'S SECTION "S9-SI" RECOMMENDATIONS. FINAL SCALE 1"= 10' ELECTRICAL POWER CONNECTION TO BE PERFORMED BY A LICENSED TIMBER BEAM OVERHEAD I-BEAM ASSOCATED HARDWARE SHALL BE IN ACCORDANCE GUIDE POST END BRACKET WITH THESE PLANS AND WITH THE GALV.SHACKLE MANUFACTURER'S SPECIFICATIONS. _ 4. CONTRACTOR TO VERIFY THE PILE 2 PILING(BY OTHERS) SPACING/WIDTH OF THE BOATLIFT WITH ai PROPOSED DOCK CRADLE I-BEAM THE BOAT MANUFACTURER OR OWNER. Oco (BY OTHERS) 1.5X MHW(2.7) DIMENSION NOT TO EXCEED 12.0'WIDE Q I-- MHW(1.0) MID ATLANTIC ENVIRONMENTAL L.L.C. MLW -0.8) 1517 MIRASSOU LANE VIRGINIA BEACH,VIRGINIA 23454 BUNK BRACKET SUBAQUEOUS ELEV.=(-)3.0 FAX(757)496-8744 OFFICE(757)560-5780 I 1 1I( III (11__ 1 I 6 I i 1 E-111,111-1 I 1 EX.GRADE 8"PIER PILE X±25'LONG 50% OF TOTAL PILE LENGTH GADDY PENETRATES BELOW BOTTOM _ _ GRADE AND INTO FIRM SOIL / 12' / PROPOSED LIFT SECTION ENGINEERING C 508 N.Bi dne k Road,Sude D SERVICES. 1 57)2 9-5933 SCALE 1"= 10' Virginia Beach,VA 23451 mike.gaddy@gmail.com 72 ITEM— V.H.12b ORDINANCES/RESOLUTIONS ITEM#70394 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as: b. North Kings Road located adjacent to 2804 North Kings Road re maintain existing block wall 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 June 16, 2020 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A PORTION OF THE 5 CITY'S RIGHT-OF-WAY KNOWN AS NORTH 6 KINGS ROAD LOCATED ADJACENT TO 2804 7 NORTH KINGS ROAD FOR DONNA D. DANIELS 8 9 WHEREAS, Donna D. Daniels desires to maintain an existing 67 linear foot 10 block retaining wall in the City's right-of-way, known as North Kings Road (the 11 "Encroachment"), located adjacent to her property at 2804 North Kings Road; and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 15 the City's right-of-way subject to such terms and conditions as Council may prescribe. 16 17 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donna D. Daniels, her heirs, 22 assigns and successors in title are authorized to maintain the Encroachment in the City's 23 right-of-way as shown on the map entitled: "EXHIBIT A - ENCROACHMENT REQUEST 24 FOR GRAVITY BLOCK RETAINING WALL DONNA D. DANIELS LOT 30, SECTION ONE 25 CHESOPEIAN COLONY(M.B. 41 , PG. 21) DATE: JANUARY 25, 2020", a copy of which is 26 attached hereto as Exhibit A, and on file in the Department of Public Works, to which 27 reference is made for a more particular description; 28 29 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 30 those terms, conditions and criteria contained in the agreement between the City of Virginia 31 Beach and Donna D. Daniels (the "Agreement"), an unexecuted copy of which has been 32 presented to the Council in its agenda, and will be recorded among the records of the 33 Clerk's Office of the Circuit Court of the City of Virginia Beach; 34 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized 36 designee is hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 39 such time as Donna D. Daniels and the City Manager or his authorized designee execute 40 the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th 43 day of June , 20 20 . 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ‘? ituf-A,(;), Wv-/-7,:w PUBLIC WORKS, REAL ESTATE CITY ATTORNEY CA14431 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p036\00634304.doc R-1 June 16, 2020 2 LOT 32 1 ^ N/F DAVID & KRISTINA S. JARRETT ,,,,` GPIN: 1497-46-9898 7 INST: 200305120073367 -- .. S 5 7'23'21" E 100.00' -'� c $�5,'f H OF D w r'� i i I w ° GREGORY 0. MILSTEAD IN Lic. No. 047323 .c,, w o o f .off MAR. 19, 2020 wv . V z O0) N 0' p��, ��sv I� � �� o 10, SSIONAL E.. (° N) Z 2 N L_ �tN ' caNi O l- zNo LOT30 ( N1z -, O o �j GPIN: 1497-46-9766 'cn 0 rn �'' c� z N N� INST: 20170607000480460 :0 � 0 0 ,.,1 1 2804 N. KINGS ROAD I - 0 ? zl PROPOSED REALIGNMENT EX. CONCRETE No N o DRIVEWAY v) 1 OF BLOCK WALL AROUND 1 10.9' WATER METER z , 23�0' z PIN(F) N 5723'21" W 100.00' i< . PIN(F) O 5� ro 38' Zh( 16' 2_6� > < N. 125.18' TO 67' WAM Lri CHESOPEIAN TRAIL SSMH0 1 _o \— EDGE OF PAVEMENT \\\ EX. ANCHOR BLOCK _ N. KINGS ROAD (50' RAW) RETAINING WALL (M.B. 41, PG. 21) // // EDGE OF PAVEMENT// Note: All dimensions of block wall are to be adjusted as 0 25' 50' necessary to provide a minimum of 2'separation -�� between the wall and the meter box in all directions. 1"=25' 1 WATERFRONT EXHIBIT A - ENCROACHMENT REQUEST FOR ' '; '� ii. ■ CONSULTING GRAVITY BLOCK RETAINING WALL ` INC. DONNA D. DANIELS 2589 QUALITY COURT, #323 LOT 30, SECTION ONE VIRGINIA BEACH, VA 23454 CHESOPEIAN COLONY M.B. 41, PG. PH: (757)425-8244 21) CELL: (757)619-7302 DATE: JANUARY 25, 2020 -----,___; ..r- jj ,------____ r _- N ___ TIMBER NECK TRL s -I m z m 0 RGINIA BEACH .IN! SITE +II YN NNPv�N.. I— ' I 4Q1 al Oa- (i) �\ w ,--__ -----*---- CHESTER FOR ESTC T _____________ ___, ,, -,,,,,, . ,,-,,„ -,, ,_____ ,_,..,y • __ 1497-46-9766 N / l �� I/ ^'''. \ ,. AlrAb LOCATION MAP Legend ENCROACHMENT REQUEST City Properties FOR DONNA D. DANIELS ,--' J' 2804 N. KINGS ROAD D 1497-46-9766 GPIN 1497-46-9766 Note: This property is located Feet 0 50 100 200 in AICUZ Noise Zone >_70dB and <75dB PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this (.(, day of , 2020 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DONNA D. DANIELS, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT 30; as shown on that certain plat entitled: "SUBDIVISION OF CHESOPEIAN COLONY SECTION ONE PRINCESS ANNE COUNTY VIRGINIA", dated November 1955, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 21 , and being further designated, known, and described as 2804 North Kings Road, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to maintain an existing 67 linear foot block wall, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as North Kings Road, the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED) GPIN: 1497-46-7694 (2804 North Kings Road) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A - ENCROACHMENT REQUEST FOR GRAVITY BLOCK RETAINING WALL DONNA D. DANIELS LOT 30, SECTION ONE CHESOPEIAN COLONY (M.B. 41, PG. 21) DATE: JANUARY 25, 2020", a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to 3 the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donna D. Daniels, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By DO A . ANI L , Owner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 7 day of , 20212, by DONNA D. DANIELS. (SEAL) Notary Public Notary Registration Number: 33'=2) 3 .ti co• My Commission Expires: b►`31 ' 1 Sic,... APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Guam. D SIGNATURE CITY ATTORNEY ,461141/4fisitx DEPARTMENT 7 LOT 32 1 ^ N/F DAVID & KRISTINA S. JARRETT <' `\ GPIN: 1497-46-9898 / 7 INST: 200305120073367 .- \, S 5 7'23'21" E 100.00' . .<, - -- p -- ------ - - ------- - ----- _0- c 401311 Op Lu 1 Sr ,, _.„ IA'___, ; Ef ------,-- ,,____) w 1 (- GREGORYY 01MILSTEAD . lu) z Lic. No. 047323 ,�,, W V. 01 „d MAR. 19, 2020 1 z z -Piw cn \ o � O o1 0'�� + 1w W� °ct p oSSI ONA L s# :co_ o z 2 rnwco0 /� � � — r N Li1- N � co � O „ z ,� :_k LOT r`i , z —+ O z °' OIn GPIN: 1497-46-9766 :-- o o n c� J o �� INST: 20170607000480460 Io 0...., °' m �' ,`i I 2804 N. KINGS ROAD 1° . z z ZI PROPOSED REALIGNMENT EX. CONCRETE I N) P1 O DRIVEWAY Q 1 OF BLOCK WALL AROUND , 10.9' WATER METER ` •230'' ' N 0) ii 0 z PIN(F) N 57'23'21" W 100.00' . PIN(F) 0 ' . ro �' 38' ih 16' 2J61 . < cv 125.18' TO Lli 67' W/M CHESOPEIAN TRAIL \ \ 1 SSMH /e DEDGE OF PAVEMENT EX. ANCHOR BLOCK _ N. KINGS ROAD (50' R/W) RETAINING WALL (M.B. 41, PG. 21) /// //j EDGE OF PAVEMENT/// Note: All dimensions of block wall are to be adjusted as 0 25' 50' necessary to provide a minimum of 2'separation between the wall and the meter box in all directions. 1"=25' 1 WATERFRONT EXHIBIT A - ENCROACHMENT REQUEST FOR A'; '� a CONSULTING GRAVITY BLOCK RETAINING WALL INC. DONNA D. DANIELS 2589 QUALITY COURT, #323 LOT 30, SECTION ONE VIRGINIA BEACH, VA 23454 CHESOPEIAN COLONY M.B. 41, PG. 21) PH: (757)425-8244 CELL: (757) 619-7302 DATE: JANUARY 25, 2020 - r , _ _ _ __ _ _ d r�aa1' 'a•. or <4 <' S SHEPHERDS ,8'a_8.t°=8P88R' 00te7. .388'1�_n" , i •'�,a1y • N,•a"1•_• L,.QUARTER !:T I-: v 1 8= - a r `_3 4o l o a Nina n _ _ �a a e N a• '• a- Jt�•;' �` PINE Nr'.• RIDGE LSNE .N !a Sias S, , a p a " �N _ ,a.. 33 g4 3• - A A °p - ��. a ^i gar.. a.r n. . _ • o' • o • ' i _ ai` a •+^� a.t SANDS a <9 •( e"'. 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Yi 4r� ! •• 3i ' 4 ,...., er",... ,,,, 71p7.7drr.„ ..„,l . of r- . -.• 1 g't* y� :; 4 i t Lu 4 -- tit,- ,•:."'•!•"-.....--,.- , i f 73 ITEM— V.H.12c ORDINANCES/RESOLUTIONS ITEM#70395 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as: c. Atlantic Boulevard located adjected to 2613 Atlantic Avenue re construct and maintain five(5) concrete slab balconies 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 June 16, 2020 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF THE 3 CITY'S RIGHT-OF-WAY KNOWN AS ATLANTIC 4 BOULEVARD (COMMONLY REFERRED TO AS THE 5 "CITY GREENBELT"), LOCATED AT 2613 ATLANTIC 6 AVENUE BY 27TH ATLANTIC, LLC 7 8 9 WHEREAS, 27th Atlantic, LLC, a Virginia limited liability company, desires to 10 construct and maintain five (5) concrete slab balconies on the 2nd floor of its proposed 11 building to be located at 2613 Atlantic Avenue (the "Encroachments"), over the City's right- 12 of-way known as Atlantic Boulevard (commonly referred to as the "City Greenbelt"); and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 City's right-of-way subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 22 and 15.2-2107, Code of Virginia, 1950, as amended, 27th Atlantic, LLC, a Virginia limited 23 liability company, its assigns and successors in title are authorized to construct and 24 maintain the Encroachment on the 2nd floor of its proposed building to be located at 2613 25 Atlantic Avenue, over the City's right-of-way known as Atlantic Boulevard (commonly 26 referred to as the "City Greenbelt"), as shown on the exhibit map entitled: "EXHIBIT 27 SHOWING BALCONY ENCROACHMENT ON LEVEL 2 27TH STREET APARTMENTS 28 2613 ATLANTIC AVENUE VIRGINIA BEACH, VIRGINIA", a copy of which is attached 29 hereto as Exhibit A, and on file in the Department of Public Works and to which reference is 30 made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 33 those terms, conditions and criteria contained in the Agreement between the City of Virginia 34 Beach and 27th Atlantic, LLC, a Virginia limited liability company (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and will be 36 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 37 Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as 27th Atlantic, LLC, a Virginia limited liability company and the City Manager or his 44 authorized designee execute the Agreement. i 45 Adopted by the Council of the City of Virginia Beath.Virginia, on the 16 t h day of 46 June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ‘/, ,e' A, dtzuil,4 umlik-b7 PUBLIC WORKS, REAL ESTATE CITY ATTORNEY CA14854 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d023\p034\00634653.doc R-1 June 3, 2020 2 \\vhb\gbl\proj\VirginiaBeach\33838.00 27th St ALTA\cad\sr\planset\33838enc2.dwg 27th Street ABBREVIATIONS: Z CSPF CONCRETE STEEL PIN FOUND 60' PUBLIC RAW ENC ENCROACHMENT u)�2 M.B. 3, PG. 176 IRF IRON ROD FOUND /`i'Zt o N 76°04'09"E 174.70' �") CSPF �p rn ACE OF BUILDING p F —10.24' -=----T3.27' ENC. , ,. ' E PROPERTY LINE 1 �Q O —13.10' ENC. y Q.,? O 519°58'53"E 1 I i w 50.28 , i —3.15' ENC. O c u� 0 zvi —7.81' CZ ID H Z �' t0 ' , 2.95' ENC. Q i > V � O -Jro —N x i —9.60' ENC. "' � iN. O 6 I 8 r- m0 LL - ac0 � L' 2.85' ENC. OO § a � ZLfl oao 4.73' m3 Q � QQNON i,-2.81' ENC. tOU � "" Cel w Y Z Q m N z CSPF CI i —9.60' ENC. 3 Z a Q 0 > H 4.73' J 2.81' ENC. Z Q w ? 2.86' ENC. Q aN 0 ce 1— I 9.60' ENC. to i = PROPERTY LINE 2.96' ENC. S 18°50'46"E �7.65' 20 0 20 50.18' i 3.16' ENC. 1 I 1 SCALE IN FEET I —13.10' ENC. i 29' ENC. FACE OF BUILDING 3. ��tipLTH op 576p4' 10.28' O 2- 5 . .0 G,ep� w 1s4.3o' IRF o L w,— NOW OR FORMERLY U DAVID W.ANDREA BEACHSIDE, L.C. Lic.No.2215 D.B. 3440, PG.2227 M.B. 3, PG. 177 GPIN 2428-10-1658 `'AND SURV� O� 4 I Revised: 2/5/20 Sheet 1 of 2 Date sOi Exhibit Showing 09/19/19 `� y Encroachment Scale Iib Balcony Level 2 1" = 20' Transportation, Land Development 27th Street Apartments VHBGd File Name and Environmental Services 33838enc2 Two Columbus Center, 4500 Main Street 2613 Atlantic Avenue Project Number Suite 400,Virginia Beach,Virginia 23462 1111a Virg inia Beach, Vlr Phone 757/490-0132 a Fax 757/490-0136 g 9 33838.00 \\vhb\gbl\proj\VirginiaBeach\33838.00 27th St ALTA\cad\sr\planset\33838enc2.dwg NOTE: ENCROACHMENTS ON LEVELS . 4 3-15 PER VIRGINIA BEACH ,� MUNICIPAL CODE §33-114.3 1 i I I 1 I I 1 lI —t � m• mmyinm — I • QI1 LUseWI _ I nal:._ t — al }�Y. [D m e m _ _ — _.l f 4 mm •sm — -- - ��:.tin ® m •La = _ I [1 CD ED CDm _ 1 TOP OF RAILING N _ _ I cti li — BALCONY DETAIL • ( NOT TO SCALE) _ rnrn_ 4 CDW I i — eLEVEL2 HEIGHT:1325 ELEV:26.65' 1-13.25' — LEVEL 1 HEIGHT:0.00' ELEV:13A0' GRADES TO BOTTOM OF BALCONY SLAB AT OUTSIDE EDGE OF SLAB EXTERIOR ELEVATION - TRUE SOUTH Revised: ( NOT TO SCALE) 2/5/20 Sheet 2 of Date t.1 Exhibit Showing 09/19/19 "t _1 I Balcony Encroachment scale v on Level 2 As Noted Transportation, Land Development VHBCad Fite Name and Environmental Services 27th Street Apartments Two Columbus Center, 4500 Main Street 2613 Atlantic Avenue 33838enc2 Suite 400,Virginia Beach,Virginia 23462 Project Number Phone 757/490-0132 6 Fax 757/490-0136 Virginia Beach, Virginia 33838.00 ga .:i., I -... ...... . - .......,.. . - ..—..... .. • 0 Cl < > . 'i.., < (Ng') , .. 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S _ ca ii) ____ _i____,..een__ 2 , 0 1 ____,.. .--- --R 1-. ✓ `` N \ -, �+ W —.61-- E \\ s Ct , 01 I( ,-264 p A--- ``��i . �'f U o et NORFOLK AV m 2 _ C 1 1 ' �� y -!_ 2428-10-1726 m ITN S� _, lk�✓' 2.1 lk \\ _)___Lizr__--, \ \ :.--\-\ _ i ---,\ I \ , r \,-.\, r-_-- tt .3"G m NS ST i--------- \\ � -- \ 1 111 -_'` �;---- \ \X , LOCATION MAP ,___A 2613 ATLANTIC AVENUE \\--- \ , 2ND FLOOR BALCONIES "� —~ OVERHANGING INTO ATLANTIC BOULEVARD Legend I (AKA THE BOARDWALK) cm 2428-10-1726 2 -�' gTH ST GPIN 2428-10-1726 _ '1 A - Feet City Properties r7 % -- 0 50 100 200 1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this 4th day of June, 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and 27TH ATLANTIC, LLC, a Virginia limited liability company ("Grantee"). WITNESSETH: WHEREAS, Grantee is the tenant under a Deed of Ground Lease of the property more particularly described on Exhibit A attached hereto (the "Grantee Property"); WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being portions of the rights-of-way for the City's boardwalk area former known as Atlantic Boulevard (the areas on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Areas"), which encroachments extend from the building proposed for construction on the Grantee Property (the "Building") and consist solely of five (5) concrete slab balconies with traffic coating and painted underside and a combination of EIFS and composite panel cladding and powder coated aluminum railings above the slabs on the 2nd floor of the Building (collectively, the "Improvements"), the locations of which are more particularly shown on Exhibit B attached hereto. The Improvements are referred to herein as the "Temporary Encroachments"; Grantee Property GPIN: 2428-10-1726-0000 (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Areas subject to terms of this Agreement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one-hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and 7 expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one-hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than the Temporary Encroachments specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee, except any successors and assigns of Grantee as allowed below; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. 3 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Areas. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. 4 The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 5 The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee Property, and the transferor of the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee Property. IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 27TH ATLANTIC, LLC, a Virginia limited liability company BY: _ (SEAL) . Russell Kirk, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of f/e/4 , 2020, by A. Russell Kirk, Manager of 27th Atlantic, LLC, a Virginia limited liability company, on behalf of the company ffeZ- ',A ,, _.6 Notary Public , N" ,004INSh`a ,.... ;'Notary Registration Number: / 97 Nor,�Y .. '' , =s My Commission Expires: U.V7/-.fin, Oa3 o "1gosi O FpREs )°"!: s ��O; 04/3°/2023 r ,: •��s,`` APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DEPARTMENT 8 EXHIBIT A [Description of the Grantor Property] ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, designated as "PARCEL A - BLOCK 65", as shown on that certain plat entitled "Resubdivision of Lots 5 & 6, Block 65 Property of Virginia Beach Development Company Map Book 3, Page 176 Virginia Beach, Virginia" dated April 2, 2015, prepared by Vanasse Hangen Brustlin, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20150818000795990. 9 EXHIBIT B [See Attached Sketches of Temporary Encroachments] S:\Clients\10774\003\Balcony Encroachments\2nd Floor\Encroachment Agreement.doc 10 1 \\vhb\gbhproj\VirginiaBeach\33838.00 27th St ALTA\cad\sr\planset\33838enc2.dwg jF . 27th Street ABBREVIATIONS: �Z N CONCRETE STEEL{ 60' PUBLIC R/W ENC ENCROACHMENT FOUND u)ct- M.B. 3, PG. 176 IRF IRON ROD FOUND tit"o)1� _ , N 76°04 09"E tr p 174.70 r,> C �SPFp 0) FACE OF BUILDING to 0 S N" —10.24' ^ —=—'----3.27' ENC. itv 2 0 PROPERTY LINE j ITN O S 19°58'53"E i —13.10' ENC. A. Z N 50.28 i 3.15' ENC. cae ((O tn0ww rn —7.81' YH � V M � 0 i 2.95' ENC. c4> UgOJ � o .— it-9.60' ENC. � _ N- 0 w —' C7oo i w D Jaw tl co_ 2.85' ENC. 00 - 1 ma �� rri o � 4.73' m � a Q � Q � M � 2.81' ENC. mOU Jr» I wY z0m � z cci CSPF�II 9.60' ENC. � Z Q ' VQ l7 = p4* a i OQ cc I Q O j E- v~, u 4.73 2.81' ENC. Z H Q w ' aw LLw ? 2.86' ENC. Q 0 ce N 9.60' ENC. PROPERTY UNE ' .L 2.96' ENC. S 18°50'46"E —7.65' 20 0 20 50.18' '1 3.16' ENC. I = SCALE IN FEET —13.10' ENC. i FACE OF BUILDING i 3.29' ENC. �v,NLT H op '� 2-Z ,ZO tS760409"W 18430' " ^ k+.)IRF o NOW OR FORMERLY U DAVID W.ANDREA 5 BEACHSIDE, L.C. Lic.No.2215 D.B. 3440, PG.2227 M.B. 3, PG. 177 GPIN 2428-10-1658 �9kb SUItv��04- I Revised: 2/5/20 Sheet 1 of 2 Date ` �� Exhibit Showing 09/19/19 �� Balcony Encroachment Scale on Level 2 1" = 20' Transportation,Land Development 27th Street Apartments VHBGd File Name and Environmental Services 33838enc2 Two Columbus Center, 4500 Main Street 2613 Atlantic Avenue Suite 400,Virginia Beach,Virginia 23462 Project Number Phone 757/490-0132 a Fax 757/490-0136 Virginia Beach, Virginia 33838.00 \\vhb\gbl\proj\VirginiaBeach\33838.00 27th St ALTA\cad\sr\planset\33838enc2.dwg NOTE: ENCROACHMENTS ON LEVELS 3-15 PER VIRGINIA BEACH MUNICIPAL CODE §33-114.3 1 I I I I I l I U t E lI!. C m Willi C —I E 1■ C m me CDC _ i 7:1. DIEW Di m ■■ m Z — ItI11 WI !Win Im■■ m' m' NM CD — 7 ,.. a C El El — I � glitilililliii nJw0=1 WWI .111 — — B Li I17 m I I GO _ __ .` N m . I TOP OF RAILING :CO CD Il IL KO-I _ _ IHOibffflZ II i . _. : f:: ,: ur-- — g 0.54' -- — — BALCONY DETAIL • "" 1 ( NOT TO SCALE ) . — I m C7 C 1 I @ CL ■ LEVEL 2 HEIGHT=13.25' ELEV=26.65' .:Himinimmeimmi=- F13.25' LEVEL 1 HEIGHT=0.00' ELEV=13.40' GRADES TO BOTTOM OF BALCONY SLAB AT OUTSIDE EDGE OF SLAB EXTERIOR ELEVATION - TRUE SOUTH Revised: 2/5/20 ( NOT TO SCALE ) Sheet 2 of 2 Date 40.1 Exhibit Showing 09/19/19 �'Vhb Balconyon Level 2hment scale As Noted Transportation, Land Development 27th Street Apartments VHBCad File Name and Environmental Services 33838enc2 Two Columbus Center, 4500 Main Street 2613 Atlantic Avenue Project Number Suite 400,Virginia Beach,Virginia 23462 Phone 757/490-0132 a Fax 757/490-0136 Virginia Beach, Virginia 33838.00 74 ITEM— V.H.13a ORDINANCES/RESOLUTIONS ITEM#70396 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance ACCEPT and APPROPRIATE: a. $98,000 from What Works Cities to FY2019-20 Economic Development Operating Budget re early childhood language development 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 June 16, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $98,000 FROM WHAT WORKS CITIES TO THE FY 3 2019-20 OPERATING BUDGET OF THE 4 DEPARTMENT OF ECONOMIC DEVELOPMENT FOR 5 AN EARLY CHILDHOOD LANGUAGE 6 DEVELOPMENT PROGRAM 7 8 BE fT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA. 10 11 That $98,000 is hereby accepted from What Works Cities and appropriated, with 12 miscellaneous grant revenue increased accordingly,to the FY 2019-20 Operating Budget 13 of the Department of Economic Development for year one of an early childhood language 14 development program. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of June , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: KID Budget a 'Management Services City Atto ej's Office CA15084 R-1 June 2, 2020 75 ITEM— V.H.13b ORDINANCES/RESOLUTIONS ITEM#70397 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance ACCEPT and APPROPRIATE: b. $633,145 to FY2019-20 Housing and Neighborhood Preservation Operating Budget re support on-going departmental mission and response to the COVID-19 pandemic 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 June 16, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $633,145 TO THE FY 2019-20 OPERATING BUDGET 3 OF THE DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $75,000 is hereby accepted from VB Home Now Foundation and 10 appropriated, with donation revenue increased accordingly, to the FY2019-20 11 Operating Budget of the Department of Housing and Neighborhood 12 Preservation (DHNP) to assist homeless families; 13 14 2) $441,145 is hereby accepted from the U.S. Department of Housing and Urban 15 Development and appropriated, with federal revenues increased accordingly, 16 to the FY2019-20 Operating Budget of DHNP for the following: 17 a. $286,164 for administrative support/services and incentive funding to 18 support the operation of the Housing Choice Voucher Program; and 19 b. $154,981 for additional mainstream vouchers to provide housing to 20 persons who are homeless and/or with disabilities; and 21 22 3) $117,000 is hereby accepted from the Commonwealth of Virginia and 23 appropriated, with state revenues increased accordingly, to the FY2019-20 24 Operating Budget of DHNP to fund support hotel shelter for persons 25 experiencing homelessness. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of June , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .Caf/(1( Budpjet and Management Services City Attorney's Office CA15088 R-2 June 10,2020 76 ITEM— V.H.14 ORDINANCES/RESOLUTIONS ITEM#70398 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to TRANSFER$475,000 from Tourism Investment Program(TIP)Fund Reserve to FY2019-20 Convention and Visitors Bureau Operating Budget re payment of beach ambassador expenses 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 June 16, 2020 1 AN ORDINANCE TO TRANSFER$475,000 FROM THE 2 TOURISM INVESTMENT PROGRAM FUND 3 RESERVE TO FY 2019-20 OPERATING BUDGET OF 4 THE CONVENTION AND VISITORS BUREAU FOR 5 PAYMENT OF BEACH AMBASSADOR EXPENSES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $475,000 is hereby transferred from the Tourism Investment Program Funds 11 Reserve to the FY 2019-20 Operating Budget of the Convention and Visitors' Bureau for 12 the payment of expenses for the Beach Ambassador Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget andPvlanagemetit tvices r r�A 's C3fttce CM 5089 R-1 June 4,2020 77 ITEM- V.H.15/16a/b/c/d ORDINANCES/RESOLUTIONS ITEM#70399 After City Council discussion, Council Member Wilson made a motion, seconded by Vice Mayor Wood, to DEFER: H.15 Resolution to ADOPT the Public Works Design Standards Manual as a replacement for the Specifications and Standards Manual of the Department of Public Works and H.16 Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37 of the Stormwater Management Ordinance (Appendix D) b. Section 6.3 of the Floodplain Ordinance(Appendix K) c. Section 23-58 of the City Code d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance(Appendix F) Council Member Henley then made a SUBSTITUTE MOTION, seconded by Council Member Moss, to ADOPT: H.15 Resolution to ADOPT the Public Works Design Standards Manual as a replacement for the Specifications and Standards Manual of the Department of Public Works and H.16 Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37 of the Stormwater Management Ordinance (Appendix D) b. Section 6.3 of the Floodplain Ordinance(Appendix K) c. Section 23-58 of the City Code d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance(Appendix F) Voting: 7-4 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Barbara M. Henley, Louis R. Jones,John D. Moss, Aaron R. Rouse and Sabrina D. Wooten Council Members Voting Nay: Mayor Robert M. Dyer, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: None June 16, 2020 78 ITEM— VH.15/16a/b/c/d ORDINANCES/RESOLUTIONS ITEM#70399 (Continued) Upon motion by Council Member Henley, seconded by Council Member Moss, City Council ADOPTED: H.15 Resolution to ADOPT the Public Works Design Standards Manual as a replacement for the Specifications and Standards Manual of the Department of Public Works and H.16 Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37 of the Stormwater Management Ordinance (Appendix D) b. Section 6.3 of the Floodplain Ordinance(Appendix K) c. Section 23-58 of the City Code d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance(Appendix F) 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 June 16, 2020 1 A RESOLUTION TO ADOPT THE PUBLIC 2 WORKS DESIGN STANDARDS MANUAL AS 3 A REPLACEMENT FOR THE 4 SPECIFICATIONS AND STANDARDS 5 MANUAL OF THE DEPARTMENT OF PUBLIC 6 WORKS 7 8 WHEREAS, by resolution adopted June 14, 1994, the City Council adopted and 9 promulgated the Specification and Standards Manual ("the Manual") developed by the 10 Department of Public Works; and 11 12 WHEREAS, after a rewrite of the Manual, including the deletion of portions that 13 only apply to development on private property, and the revision of significant portions of 14 the Manual, the Manual has been renamed the Public Works Design Standards Manual 15 (the "PWDSM") as a replacement for the Specification and Standards Manual; and 16 17 WHEREAS, pursuant to Section 1 .5 of the PWDSM, the PWDSM shall be 18 adopted and amended by City Council; and 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Public Works Design Standards Manual, attached hereto and made a 24 part hereof, is hereby adopted and shall replace the Specifications and Standards 25 Manual of the Department of Public Works. Adopted by the Council of the City of Virginia Beach, Virginia, on this 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1144t- Department of Public Works City Attorney's Office CA12643/R-1/March 9, 2020 1 2 AN ORDINANCE TO AMEND SECTIONS 1- 3 1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 4 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, AND 1-37 5 APPENDIX D, STORMWATER 6 MANAGEMENT 7 8 SECTIONS AMENDED: Appendix D, Stormwater Management 9 Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 10 1-25, 1-26, 1-30, 1-35, and 1-37 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Appendix D, Stormwater Management Ordinance Sections 1-1 , 1-3, 1-5, 1- 16 6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37, of the Code 17 of the City of Virginia Beach, Virginia, are hereby amended to read as follows: 18 19 Sec. 1-1. - Purpose and authority. 20 21 A. The purpose of this Ordinance is to ensure the general health, safety, and welfare 22 of the citizens of the City of Virginia Beach and protect the quality and quantity of 23 state waters from the potential harm of unmanaged stormwater, including protection 24 from a land disturbing activity causing unreasonable degradation of properties, 25 water quality, stream channels, and other natural resources, and to establish 26 procedures whereby stormwater requirements related to water quality and quantity 27 shall be administered and enforced. 28 29 B. This ordinance is adopted pursuant to Article 2.3 (§ 62.1-44.15:24 et seq.) of 30 Chapter 3.1 of Title 62.1 of the Code of Virginia, and in compliance with 9VAC25- 31 870-10 et seq. of the Virginia Stormwater Management Regulations..-, except as 32 amended by this ordinance. 33 34 . . . . 35 36 Sec. 1-3. - Definitions. 37 38 In addition to the definitions set forth in 9VAC25-870-10 of the Virginia 39 Stormwater Management Regulations, as amended, which are expressly adopted and 40 incorporated herein by reference, the following words and terms used in this Ordinance 41 have the following meanings unless otherwise specified herein. Where definitions differ, 42 those incorporated herein shall have precedence. 43 44 . . . . 45 46 "Department"means the Department of Environmental Quality. 1 47 48 "Depression storage" means the amount of rain that is retained on the surface in 49 micro-depressions, ditches, and other terrain irregularities where water is allowed to 50 collect and pond. 51 52 "Development" means land disturbance and the resulting landform associated 53 with the construction of residential, commercial, industrial, institutional, recreation, 54 transportation or utility facilities or structures or the clearing of land for non-agricultural 55 or non-silvicultural purposes. 56 57 "Drainage area" means a land area, water area, or both from which runoff flows 58 to a common point downstream point (proposed project or the site entry point, project or 59 site outfall, drainage structure, junction, node, upstream end of a culvert or storm drain, 60 upstream face of a waterway crossing, channel, ditch, swale, spillway, weir, point of 61 adequacy or point of analysis), as required. 62 63 "Energy grade line (EGL)" means the line that represents the total energy of flow 64 at a given location. It is the sum of the elevation head, the pressure head, and the 65 velocity head. 66 67 "Flooding" means a general or temporary condition of partial or complete 68 inundation of normally dry land areas from: 69 70 (a) The overflow of inland or tidal waters, or 71 72 (b) The unusual and rapid accumulation or runoff of surface waters from any 73 source, or 74 75 (c) Mudflows, which ar a proximately caused by flooding as defined in 76 paragraph (1)(b) of this definition and are akin to a river of liquid and 77 flowing mud on the surfaces of normally dry land areas, as when earth is 78 carried by a current of water and deposited along the path of the current. 79 80 (d) The collapse or subsidence of land along the shore of a lake or other body 81 of water as a result of erosion or undermining caused by waves or currents 82 of water exceeding anticipated cyclical levels or suddenly caused by an 83 unusually high water level in a natural body of water, accompanied by a 84 severe storm, or by an unanticipated force of nature such as flash flood or 85 an abnormal tidal surge, some similarly unusual and unforeseeable event 86 that results in flooding as defined above. 87 88 "Floodplain" means any land area susceptible to being inundated by water from 89 any source. 90 91 "General permit" means the state permit titled GENERAL PERMIT FOR 92 DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in 2 93 Chapter 880 (9VAC25-880-1 et seq.) of the Regulations authorizing a category of 94 discharges under the CWA and the Act within a geographical area of the 95 Commonwealth of Virginia. 96 97 "Hydraulic grade line (HGL)" means a line coinciding with the level of flowing 98 water in an open channel. In a closed conduit flowing under pressure, the HGL is the 99 level to which water would rise in a vertical tube at any point along the pipe. It is equal 100 to the energy grade line elevation minus the velocity head, V2/2q. 101 102 103 104 "Localized Flooding" means smaller scale flooding that may occur outside of a 105 stormwater conveyance system. This may include high water, pondinq, or standing 106 water from stormwater runoff, which is likely to cause property damage or unsafe 107 conditions. 108 109 110 111 "Point of Adequacy" means a point in the downstream receiving stormwater 112 conveyance system where it has adequate capacity to convey the design storm 113 discharge under proposed conditions to a receiving water body, as determined by the 114 City of Virginia Beach Public Works Design Standards Manual and the latest City of 115 Virginia Beach amendments to the Virginia Department of Transportation Design 116 Manual. 117 118 "Point of discharge" means a location at which concentrated stormwater runoff is 119 released. 120 121 "Pollutant discharge" means the average amount of a particular pollutant 122 measured in pounds per year or other standard reportable unit as appropriate, delivered 123 by stormwater runoff. 124 125 "Pollution" means such alteration of a physical, chemical or biological properties 126 of any state waters as will or is likely to create a nuisance or render such waters (a) 127 harmful or detrimental or injurious to the public health, safety or welfare, or to the health 128 of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as 129 present or possible future sources of public water supply; or (c) unsuitable for 130 recreational, commercial, industrial, agricultural, or other reasonable uses, provided that 131 (i) an alteration of the physical, chemical, or biological property of state waters, or a 132 discharge or deposit of sewage, industrial wastes or other wastes to state waters by any 133 owner which by itself is not sufficient to cause pollution, but which in combination with 134 such alteration of or discharge or deposit to state waters by other owners, is sufficient to 135 cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; 136 and (iii) contributing to the contravention of standards of water quality duly established 137 by the State Water Control Board, are "pollution" for the terms and purposes of this 138 chapter. 3 139 140 . . . . 141 142 "Qualified personnel" means a person knowledgeable in the principles and 143 practices of erosion and sediment and stormwater management controls who 144 possesses the skills to assess conditions at the construction site for the operator that 145 could impact stormwater quality and quantity and to assess the effectiveness of any 146 sediment and erosion control measures or stormwater management facilities selected to 147 control the quality and quantity of stormwater discharges from the construction activity. 148 For VSMP authorities this requires the use of a person who holds a certificate of 149 competency from the State bBoard in the areas of project inspection for ESC and 150 project inspection for SWM or combined administrator for ESC and combined 151 administrator for SWM as defined in 9VAC25-850-10 or a combination of ESC and 152 SWM qualifications from these two areas. 153 154 . . . . 155 156 "Small construction activity" means 157 158 1 . Construction activities including clearing, grading, and excavating that 159 results in land disturbance of equal to or greater than one acre, and less 160 than five acres. Small construction activity also includes the disturbance of 161 less than one acre of total land area that is part of a larger common plan of 162 development of sale if the larger common plan will ultimately disturb equal 163 to or greater than one and less than five acres. Small construction activity 164 does not include routine maintenance that is performed to maintain the 165 original line and grade, hydraulic capacity, or original purpose of the facility. 166 The State bBoard may waive the otherwise applicable requirements in a 167 general permit for a stormwater discharge from construction activities that 168 disturb less than five acres where stormwater controls are not needed 169 based on a "total maximum daily load" (TMDL) that addresses the 170 pollutant(s) of concern or, for nonimpaired waters that do not require 171 TMDLs, an equivalent analysis that determines allocations for small 172 construction sites for the pollutant(s) of concern or that determines that such 173 allocations are not needed to protect water quality based on consideration 174 of existing in-stream concentrations, expected growth in pollutant 175 contributions from all sources, and a margin of safety. For the purpose of 176 this subdivision, the pollutant(s) of concern include sediment or a parameter 177 that addresses sediment (such as total suspended solids, turbidity or 178 siltation) and any other pollutant that has been identified as a cause of 179 impairment of any water body that will receive a discharge from the 180 construction activity. The operator must certify to the State bBoard that the 181 construction activity will take place and stormwater discharges will occur, 182 within the drainage area addressed by the TMDL or equivalent analysis. 183 4 184 2. Any other construction activity designated by the either State bBoard or the 185 EPA regional administrator, based on the potential for contribution to a 186 violation of a water quality standard or for significant contribution of 187 pollutants to surface waters. 188 189 . . . . 190 191 "Stormwater Appeals Board"is the appeal authority designated by City Council to 192 hear appeals from any permit applicant or permittee, or person subject to Ordinance 193 requirements, aggrieved by any action of the City taken in regard to the Ordinance 194 without a formal hearing. The Stormwater Appeals Board shall be appointed by City 195 Council and shall consist of six (6) members, one (1) from the Department of Planning, 196 one (1) from the Department of Public Works, one (1) from the Department of Public 197 Utilities and three (3) citizen members. The city attorney or his designee shall serve as 198 legal counsel to the Stormwater Appeals Board. 199 200 . . . . 201 202 Sec. 1-5. - Submission and approval of plans. 203 204 A. No VSMP authority permit shall be issued by the Administrator, until the following 205 items have been submitted to and approved by the Administrator as prescribed 206 herein: 207 208 1 . A plan review package that includes a general permit registration statement, if 209 required. Registration statements are not required for detached single-family 210 home construction, within or outside of a common plan of development or sale; 211 however the such construction must adhere to the requirements of the general 212 permit; 213 214 . . . . 215 216 Sec. 1-6. - Stormwater management plan; content of plan. 217 218 A. The Stormwater Management Plan, required in section 1-4 of this Ordinance, must 219 apply the stormwater management technical criteria set forth in sections 1-10 220 through 1-19 and 1-22 through 1-27 of this Ordinance to the entire site or common 221 plan of development or sale where applicable, consider all sources of surface runoff 222 and all sources of surface and groundwater flows converted to surface runoff. 223 Individual lots in new residential, commercial or industrial developments shall not be 224 considered separate land-disturbing activities. Approved stormwater management 225 plans for residential, commercial or industrial subdivisions govern the individual 226 parcels within that plan throughout the development life of the lots even with 227 subsequent owners. 228 229 The Stormwater Management Plan shall include the following information: 5 230 231 . . . . 232 233 8. A map or maps of the site that depicts the topography of the site and includes: 234 235 i. All contributing drainage areas; 236 237 ii. Existing streams, ponds, culverts, ditches, wetlands, other water bodies, 238 and floodplains; 239 240 iii. Soil types, forest cover, and other vegetative areas; 241 242 iv. Current land use including existing structures, roads, and locations of 243 known utilities and easements; 244 v. Sufficient information on adjoining parcels upstream to the watershed limits 245 and adjoining parcels downstream contributing to the point of adequacy, to 246 assess the impacts of stormwater from the site on these parcels; 247 248 vi. The limits of clearing and grading, and the proposed drainage patterns on 249 the site; 250 251 vii. Proposed buildings, roads, parking areas, utilities, and stormwater 252 management facilities; 253 254 viii. Proposed land use with tabulation of the percentage of surface area to be 255 adapted to various uses, including but not limited to planned locations of 256 utilities, roads, and easements; 257 258 ix. All Chesapeake Bay Preservation Area designations of Resource 259 Protection Areas, including variable width buffers; 260 261 x. All Southern Rivers Watershed buffers and nontidal wetlands, pursuant to 262 Appendix G of the Virginia Beach City Code; and 263 264 xi. Any other information reasonably necessary for an evaluation of the 265 development activity. 266 267 . . . . 268 269 E. A maintenance agreement and adequate easements; shall be executed and 270 recorded to ensure responsibility for the maintenance of any stormwater 271 management facilities constructed under the requirements of this ordinance, unless 272 exempted from this requirement under section 1-28, and to ensure appropriate 273 access to such facilities for maintenance, inspection and corrective action. 274 6 275 . . . . 276 277 Sec. 1-7. - Review of stormwater management plans. 278 279 A. The Administrator shall review stormwater management plans and shall approve or 280 disapprove a stormwater management plan according to the following: 281 282 . . . . 283 284 5. If a plan meeting all requirements of this Ordinance is submitted and no action 285 is taken within the time provided above in subdivision 2. for review, the plan 286 shall be deemed approved. 287 288 6. All written correspondence shall be by email or facsimile unless requested 289 otherwise in writing by the applicant. 290 291 . . 292 293 C. The Administrator shall require the submission of a construction record drawing for 294 permanent stormwater management facilities and stormwater conveyance systems. 295 The Administrator may elect not to require construction record drawings for 296 stormwater management facilities and stormwater conveyance systems for which 297 recorded maintenance agreements are not required pursuant to section 1-28. Prior 298 to the release of the surety and final approval of the facility by the City a 299 construction record drawing for permanent stormwater management facilities and 300 stormwater conveyance systems shall be submitted, inspected and approved by the 301 Administrator. The construction record drawing shall be appropriately sealed and 302 signed by a professional registered in the Commonwealth of Virginia, certifying that 303 the stormwater management facilities and stormwater conveyance systems have 304 been constructed in accordance with the approved plan. 305 306 . . 307 308 Sec. 1-13. - Water quantity. 309 310 A. Channel protection and flood protection shall be addressed in accordance with the 311 minimum standards set out in this section. 312 313 B. Channel protection. Concentrated stormwater flow shall be released into a 314 stormwater conveyance system and shall meet the criteria in subdivision 1, 2, or 3 315 of this subsection, where applicable, from the point of discharge te-a-point to the 316 limits of analysis defined in subdivision 4 of this subsection. 317 318 . . . . 319 320 3. Natural stormwater conveyance systems. When stormwater from a 321 development is discharged to a natural stormwater conveyance system, the 322 maximum peak flow rate from the one-year 24-hour storm following the land- 323 disturbing activity shall be calculated either: 324 325 a. In accordance with the following methodology: 326 327 Q Developed< I.E. *(Q Pre-Developed*RV Pre-Developed )/RV Developed 328 329 Under no condition shall Q Developed be greater than QPre-Developed nor shall Q 330 Developed be required to be less than that calculated in the equation (Q Forest* 331 RV Forest)/RV Developed ; where 332 333 I.F. (Improvement Factor) equals 0.8 for sites > 1 acre or 0.9 for sites <_ 1 334 acre. 335 336 Q Developed = The allowable peak flow rate of runoff from the developed site. 337 338 RV Developed = The volume of runoff from the site in the developed condition. 339 340 Q Pre-Developed = The peak flow rate of runoff from the site in the pre- 341 developed condition. 342 343 RV Pre-Developed = The volume of runoff from the site in pre-developed 344 condition. 345 346 Q Forest= The peak flow rate of runoff from the site in a forested condition. 347 348 RV Forest= the volume of runoff from the site in a forested condition; or 349 350 b. In accordance with another methodology that is demonstrated by the City to 351 achieve equivalent results and is approved by the State Water Control 352 Board. 353 354 4. Limits of analysis. Unless subdivision 3 of this subsection is utilized to show 355 compliance with the channel protection criteria, sStormwater conveyance 356 systems shall be analyzed for compliance with channel protection criteria to a 357 point where either the point of adequacy as determined in Subsection C:. 358 359 a. Based ^on—land area,thesi e's contrib Ling drainage area less +hen ^r 360 equal to 1.0% of the total watershed area; or 361 362 b. Based on peak flow rate, the site's peak flow rate from the one year 24 hour 363 for is less h �T he ?� Sta1Q_peak,41Gw—rate from«the 364 one year 24 hour storm prior to the implementation of any stormwater 365 8 366 367 C. Flood protection. Concentrated stormwater flow shall be released into a stormwater 368 conveyance system and shall meet one of the following criteria as demonstrated by 369 use of acceptable hydrologic and hydraulic methodologies. Adequacy of the 370 downstream system must be demonstrated for all the following: 371 372 373 374 The point of discharge releases stormwater into a stormwatcr conveyance 375 376 peak flow rate from the 10-year 24-hour storm event within the stormwater 377 conveyance system. Detention of stormwatcr or downstr am improvements 378 379 criterion, at the discretion of the VSMP authority. 380 2. Concentrated stormwater flow to stormwater conveyance systems that currently 381 c}xpericnce localized flooding during the 10 y or 24 hour storm event. The point 382 of-discharge either: 383 384 a. Confines the postdevelopment peak flow rate from the 10 year 24 hour 385 storm event within the stormwater conveyance system to avoid the 386 387 388 criterion, at the discretion of the VSMP authority; or 389 390 b. Releases a postdevelopment peak flow rate for the 10-year 24-hour storm 391 event that is less than the predevelopment p ak flow rate from the 10 year 392 24 hour storm event. Downstream stormwater conveyance systems do not 393 394 criteria if this option is utilized. 395 396 1. The downstream system must adequately convey the design storm to the point 397 of adequacy, using freeboard heights and headwater depths stipulated in the 398 City of Virginia Beach Public Works Design Standards Manual and the 399 referenced documents. 400 401 2. The post-development design year Hydraulic Grade Line shall not increase 402 over the predevelopment design year Hydraulic Grade Line in all receiving 403 channels and water bodies and upstream facilities. 404 405 3. Limits of analysis. Unless subdivision 2.b. of this subsection is utilized to 406 comply with the flood protection criteria, sStormwater conveyance systems 407 shall be analyzed from for compliance with flood protection criteria to a the 408 point of adequacy. where: 409 9 410 a. The site's contributing drainage area--ic less than or equal to 1.0% of the 411 412 stormwater conveyance system; 413 414 b. Based on peak flow rate, the site's peak flow rate from the 10 year 24 hour 415 storm event is less than or equal to 1.0% of the existing peak flow rate from 416 the 10 year 24 hour storm event prior to the implementation of any 417 stormwater quantity control measures; or 418 419 c. The stormw 420 , 421 422 D. Increased volumes of sheet flow resulting from pervious or disconnected impervious 423 areas, or from physical spreading of concentrated flow through level spreaders, 424 must be identified and evaluated for potential impacts on down-gradient properties 425 or resources. Increased volumes of sheet flow that will cause or contribute to 426 erosion, sedimentation, or flooding of down gradient properties or resources shall 427 be diverted to a stormwater management facility or a stormwater conveyance 428 system that conveys the runoff without causing down-gradient erosion, 429 sedimentation, or flooding. If all runoff from the site is sheet flow and the conditions 430 of this subsection are met, no further water quantity controls are required. 431 432 E. For purposes of computing predevelopment runoff, all pervious lands on the site 433 shall be assumed to be in good hydrologic condition in accordance with the U.S. 434 Department of Agriculture's Natural Resources Conservation Service (NRCS) 435 standards, regardless of conditions existing at the time of computation. Onsite areas 436 which provide depression storage must be accounted for in all calculations. 437 Predevelopment runoff calculations utilizing other hydrologic conditions may be 438 utilized provided that it is demonstrated to and approved by the VSMP authority that 439 actual site conditions warrant such considerations. 440 441 F. Predevelopment and postdevelopment runoff characteristics and site hydrology 442 shall be verified by site inspections, topographic surveys, available soil mapping or 443 studies, and calculations consistent with good engineering practices. Guidance 444 provided in the Virginia Stormwater Management Handbook and on the Virginia 445 Stormwater BMP Clearinghouse website shall be considered appropriate practices. 446 447 G. The entire drainage area must be considered when determining the design storm 448 and hydrologic methods. This includes both onsite and offsite contributing drainage 449 areas. For drainage areas less than 300 acres, a 10-year, 24-hour design storm 450 event for capacity design shall be used; for drainage areas equal to or greater than 451 300 acres, but less than 500 acres, a 25-year, 24-hour design storm event shall be 452 used; for drainage areas equal to or greater than 500 acres, a 50-year, 24-hour 453 design storm event shall be used. 454 455 Sec. 1-14. - Offsite compliance options. 10 456 457 . . . . 458 459 C. Notwithstanding subsections A. and B. of this section, offsite options shall not be 460 allowed: 461 462 1. Unless the selected offsite option achieves the necessary nutrient reductions 463 prior to the commencement of the operator's land-disturbing activity. In the case 464 of a phased project, the operator may acquire or achieve offsite nutrient 465 reductions prior to the commencement of each phase of land-disturbing activity 466 in an amount sufficient for each phase. 467 468 2. In contravention of local water quality-based limitations at the point of discharge 469 that are (i) consistent with the determinations made pursuant to subsection B of 470 § 62.1-44.19:7 of the Code of Virginia, (ii) contained in a municipal separate 471 storm sewer system (MS4) program plan accepted by DEQ, or (iii) as otherwise 472 may be established or approved by the State l9Board. 473 474 475 476 Sec. 1-15. - Design storms and hydrologic methods. 477 478 A. Unless otherwise specified, the prescribed design storms are 120% of the one-year, 479 two-year, a ►d 10-year, 25-year, 50-year and 100-year 24-hour storms using the 480 cite specific rainfall precipitation frequency data recommended by the U.S. National 481 Oceanic and Atmospheric Administration (NOAA) Atlas 14, Volume 2 Version 3.0. 482 Partial duration time series, as adjusted by the City of Virginia Beach Public Works 483 Design Standards Manual, shall be used for the precipitation data. 484 485 B. Unless otherwise specified, all hydrologic analyses shall be based on the existing 486 watershed characteristics and how the ultimate development condition of the 487 subject project will be addressed. 488 489 C. 's Natural Resources Conservation Service 490 491 to TR 55 and TR-20; hydrologic and hydra 492 Corps of Engineers; or other standard hydrologic and hydraulic methods, shall be 493 used to conduct the analyses described in this part. Except as allowed in D. below, 494 all analysis shall use dynamic modeling. Predeveloped vs. post-developed runoff 495 comparisons shall be performed using the same method of analysis. 496 497 D. 498 use of the Rational Method for evaluating peak discharges. When total land 499 disturbance is less than 20,000 square feet or the proposed impervious area is at 500 least 10% less than the existing impervious area, stormwater design may use any 501 computer design program that utilizes the 24-hour design storm hyetograph with 11 502 increased precipitation and the static tailwater provided by the City of Virginia 503 Beach. Analysis of upstream and downstream impacts is not required under these 504 conditions. 505 506 E. For drainage areas of two hundred (200) (2) acres or less, the city may allow for the 507 use of the Modified Rational Method and NRCS methods for evaluating volumetric 508 509 510 511 512 Sec. 1-20. - Grandfather provisions. 513 514 . . . . 515 516 C. Land-disturbing activities grandfathered under this Subsections A and B shall 517 remain subject to the criteria of sections 1-22 through 1-27 for one additional state 518 permit cycle. After such time, portions of the project not under construction shall 519 become subject to the technical requirements of sections 1-10 through 1-19 and 520 any new technical criteria adopted by the State bBoard. 521 522 D. In cases where governmental bonding or public debt financing has been issued for 523 a project prior to July 1, 2012, such project shall become subject to the technical 524 requirements of sections 1-22 through 1-27 of this Ordinance. 525 526 E. Land-disturbing activities that obtain an initial state permit or commence land 527 disturbance prior to July 1, 2014 shall be conducted in accordance with the 528 technical criteria found in sections 1-22 through 1-27 of this Ordinance. Such 529 projects shall remain subject to these technical criteria for two additional state 530 permit cycles. After such time, portions of the project not under construction shall 531 become subject to any new technical criteria adopted by the State bBoard. 532 533 F. Land-disturbing activities that obtain an initial state permit on or after July 1, 2014 534 shall be conducted in accordance with the technical criteria found in sections 1-10 535 through 1-19 of this Ordinance, except as provided for above. Such projects shall 536 remain subject to these technical criteria for two additional state permit cycles. After 537 such time, portions of the project not under construction shall become subject to 538 any new technical criteria adopted by the State bBoard. 539 540 541 542 Sec. 1-23. - General. 543 544 A. Determination of flooding and channel erosion impacts to receiving streams due to 545 land-disturbing activities shall be measured at each point of discharge from the land 546 disturbance and such determination shall include any runoff from the balance of the 547 watershed that also contributes to that point of discharge. 12 548 549 B. The specified design storms shall be defined as either a 24-hour storm using the 550 NOAA Type "C" 24, hour, 25-year rainfall distribution recommended by the U.S. 551 Department of Agriculture's Natural Resources Conservation Service (NRCS) when 552 using NRCS methods or as the storm of critical duration that produces the greatest 553 required storage volume at the site. when using a design method such as the 554 Modified Rational Method 555 . . . . 556 557 Sec. 1-24. - Water quality. 558 559 A. Compliance with the water quality criteria may be achieved by applying the 560 performance-based criteria or the technology-based criteria to either the site or a 561 planning area. 562 563 . . . . 564 565 Sec. 1-25. - Stream channel erosion. 566 567 A. Properties and receiving waterways, both upstream and downstream of any land- 568 disturbing activity shall be protected from erosion and damage due to changes in 569 runoff rate of flow and hydrologic characteristics, including, but not limited to, 570 changes in volume, velocity, frequency, duration, and peak flow rate of stormwater 571 runoff in accordance with the minimum design standards set out in this section. 572 573 B. The VSMP authority shall require compliance with subdivision 19 of 9VAC25-840- 574 40 of the Erosion and Sediment Control Regulations, promulgated pursuant to the 575 Erosion and Sediment Control Law. 576 577 C. The VSMP authority may determine that some watersheds or receiving stream 578 systems require enhanced criteria in order to address the increased frequency of 579 bankfull flow conditions (top of bank) brought on by land-disturbing activities or 580 where more stringent requirements are necessary to address total maximum daily 581 load requirements or to protect exceptional waters. Therefore, in lieu of the 582 reduction of the two-year postdeveloped peak rate of runoff as required in 583 subsection B. of this section, the land development project being considered shall 584 provide 24-hour extended detention of the runoff generated by the one-year, 24- 585 hour duration storm, as defined in this ordinance. 586 587 . . . . 588 589 Sec. 1-26. - Flooding. 590 591 A. Upstream, °downstream and adjacent properties and waterways shall be protected 592 from damages from localized flooding due to changes in runoff rate of flow and 593 hydrologic characteristics, including, but not limited to, changes in volume, velocity, 13 594 frequency, duration, and peak flow rate of stormwater runoff in accordance with the 595 minimum design standards set out in this section. 596 597 B. The 10-year postdeveloped peak rate of runoff from the development site shall not 598 exceed the 10-year predeveloped peak rate of runoff nor provide any increase in 599 HGL upstream to the watershed limits and adjoining parcels downstream 600 contributing to the point of adequacy. 601 602 C. In lieu of subsection B. of this section, the City may, by ordinance in accordance 603 with § 62.1-44.15:33 of the Code of Virginia, adopt alternate design criteria based 604 upon geographic, land use, topographic, geologic factors, or other downstream 605 conveyance factors as appropriate. 606 607 D. Linear development projects shall not be required to control postdeveloped 608 stormwater runoff for flooding, except in accordance with a watershed or regional 609 stormwater management plan. 610 611 . . . . 612 613 Sec. 1-30. - Hearings. 614 615 . . . . 616 617 B. The hearings held under this Section shall be conducted by the Stormwater Appeals 618 Board at any time and place authorized by the Stormwater Appeals Board. 619 620 . . . . 621 622 Sec. 1-35. - Public wWorks Design sStandards Manual. 623 624 The Public Works Sp d Design Standards Manual, including all future 625 amendments thereto is hereby adopted and incorporated by reference into this 626 ordinance. 627 State regulations, including the BMP Clearinghouse conflict, the State regulations and 628 the BMP Clearinghouse shall control, unless the more stringent provision of the 629 Specification and Standards was applicable prior to January 1, 2013. 630 631 632 633 Sec. 1-37. - Effective date. 634 635 This ordinance shall become effective on July 1, 2011 636 Adopted by the Council of the City of Virginia Beach, Virginia on the 16 th day of June 2020. 14 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C(AL\-s Dep rtm nt of Public Works City Attorney's ice CA14746 R-4 March 31, 2020 15 1 AN ORDINANCE TO CONFORM SECTION 2 6.3 OF THE FLOODPLAIN ORDINANCE 3 (APPENDIX K) TO THE PROVISIONS OF 4 THE PUBLIC WORKS DESIGN STANDARDS 5 MANUAL 6 7 Section Amended: Floodplain Ordinance § 6.3 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 6.3 of the Floodplain Ordinance is hereby amended and reordained 16 to read as follows: 17 18 Sec. 6.3. Application process. 19 20 . . . . 21 22 B. All applications shall be accompanied by the following: 23 24 . . . . 25 26 2. A preliminary floodplain study addressing the physical and 27 environmental characteristics of the floodplain located on adjoining 28 properties and in the general area. Such study shall be sufficient to 29 show that the variance, if granted, will meet the standards defined 30 in section 6.3 and in addition thereto, shall: 31 32 a. Contain supporting data and calculations as appropriate, 33 given the preliminary nature of the floodplain study; 34 35 b. Comply with 36 standards the Public Works Design Standards Manual; and 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning pardnent CIto,ttorn y's is e CA150 b R-1 March 9, 2020 2 1 AN ORDINANCE TO CONFORM SECTION 2 23-58 OF THE CITY CODE TO THE 3 PROVISIONS OF THE PUBLIC WORKS 4 DESIGN STANDARDS MANUAL 5 6 Section Amended: City Code § 23-58 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 23-58 of the City Code is hereby amended and reordained to read 12 as follows: 13 14 CHAPTER 23 OFFENSES 15 16 ARTICLE I. MISCELLANOUS OFFENSES 17 18 Sec. 23-58. Commercial parking lots. 19 20 . . . 21 22 (f) Commercial parking lots shall at all times, whether or not they are in operation: 23 24 (1) Have a paved surface, inclusive of all drive aisles, which meets the 25 requirements of the Public 26 Works Public Works Design Standards Manual and the Site Plan 27 Ordinance; provided, that any commercial parking lot in operation as of July 1, 28 2002 shall not be required to provide curbing so long as wheel stops 29 composed of concrete or asphalt are provided and maintained in good 30 condition and repair at all times; 31 32 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iJ i 4619sle„...„ Planning D partrfient City Attorney's Office CA15029/R-1/March 9, 2020 1 AN ORDINANCE TO CONFORM SECTIONS 2 103 AND 107 OF THE CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE 4 (APPENDIX F) TO THE PROVISIONS OF 5 THE PUBLIC WORKS DESIGN STANDARDS 6 MANUAL 7 8 Sections Amended: Chesapeake Bay 9 Preservation Area Ordinance §§ 103 and 107 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance 18 is hereby amended and reordained to read as follows: 19 20 APPENDIX F - CHESAPEAKE BAY PRESERVATION AREA ORDINANCE 21 22 . . . . 23 24 Sec. 103. Definitions. 25 26 The following words and terms used in this ordinance shall have the following 27 meanings, unless the context clearly indicates otherwise. 28 29 . . . . 30 31 Public road. A publicly owned road designed and constructed in accordance with 32 water quality protection criteria at least as stringent as requirements applicable to the 33 Virginia Department of Transportation, including regulations promulgated pursuant to (i) 34 the Erosion and Sediment Control Law (Section 10.1-560 et seq. of the Code of 35 Virginia), and (ii) the Virginia Stormwater Management Act (Section 10.1-603.1 et seq. 36 of the Code of Virginia). This definition includes those roads where the Virginia 37 Department of Transportation exercises direct supervision over the design or 38 construction activities, or both, and cases where roads are constructed or maintained, 39 or both, by the City in accordance with the current edition of the City of Virginia Beach 40 Public Works Design Standards Manual. 41 42 . . . . 43 44 Sec. 107. Plan of development process. 45 46 . . . . 47 48 (3) A stormwater management plan containing maps, charts, graphs, tables, 49 photographs, narrative descriptions, explanations, and supporting 50 references. At a minimum, the stormwater management plan shall contain 51 the following: 52 53 . . . 54 55 (f) For stormwater management facilities, verification of structural 56 soundness, which shall be certified by a professional engineer. All 57 engineering calculations shall be performed in accordance with the 58 59 and--Specifications Public Works Design Standards Manual and the 60 current edition of the Virginia Stormwater Management Handbook 61 and Virginia Beach Stormwater Management ordinance. 62 63 . . . 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De artmefit City Attorney's Office CA15034 R-1 March 9, 2020 2 79 ITEM—V-L1 PLANNING ITEM#70400 Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council APPROVED,AS PROFFERED, BY CONSENT, Application of DANNY K & PATRICL4 S. MARTIN, BRYAN & ARLEEN MARTIN, and ROBERT&NATALIE FAISONfor a Conditional Change ofZoningfrom B-2 Community Business District to Conditional R-5R Residential Resort District re demolish existing single- family dwelling and construct three-story duplex at 3705 Surry Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DANNY K. & PATRICIA S. MARTIN, BRYAN& ARLEEN MARTIN, and ROBERT&NATALIE FAISON for a Conditional Change ofZoning from B-2 Community Business District to Conditional R-5R Residential Resort District re demolish existing single-family dwelling and construct three-story duplex at 3705 Surry Road(GPIN 1489491015)DISTRICT 4 —BAYSIDE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16t day of June 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 June 16, 2020 R-5 R / / .01'1.•!";,:/ a , / /; // R-5R / R-5R �/ s 1 , e f O B-2 B-2 �B-2 / B 4 ) ' , \‘`:;//e/ ,d), yi / \ \ v - 4/11 \ 0 Shore Drive n -_ V , site Danny K. & Patricia S. Martin, Bryan & Arleen Martin, ` E Zoning and Robert & Natalie Faison L , Parking Lot Drive Aisle 3705 Surry Road Building IIICIii=11Feet 0 1020 40 60 80 100 120 G1141AFAC CITY OF VIRGINIA BEACH ,� ° = • INTER-OFFICE CORRESPONDENCE S OF OUR MP' co In Reply Refer To Our File No. DF-10408 DATE: June 5, 2020 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson J- DEPT: City Attorney RE: Conditional Zoning Application; D. & P. Martin/B. &A. Martin/ R. & N. Faison The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 16, 2020. I have reviewed the subject proffer agreement, dated December 18, 2019 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom DANNY K. MARTIN and PATRICIA S. MARTIN BRYAN MARTIN and ARLEEN MARTIN ROBERT FAISON and NATALIE FAISON TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 18th day of December, 2019, by and between DANNY K.MARTIN and PATRICIA S.MARTIN,BRYAN MARTIN and ARLEEN MARTIN and ROBERT FAISON and NATALIE FAISON, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 7,184 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Community Business District to Conditional R-5R Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the GPIN: 1489-49-1015-0000 PREPARED BY: "'SYICES.BOURDON. &LEVY.P.C. Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#2216o 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit,or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors,their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved with a residential duplex to be located and accessed, as well as landscaped substantially as shown on the exhibits entitled"REZONING EXHIBIT OF LOT 5 BLOCK 26 SECTION"B"OCEAN PARK M.B.5 P. 137 VIRGINIA BEACH,VIRGINIA",dated December 2,2019,prepared by Gallup Surveyors & Engineers, Ltd. and "LANDSCAPE & FENCE EXHIBIT OF LOT 5 BLOCK 26 SECTION "B" OCEAN PARK M.B. 5 P. 137 VIRGINIA BEACH, VIRGINIA", dated December 17, 2019, prepared by Frankenfield Design & Development LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Rezoning Exhibit"). 2. The architectural design of the duplex depicted on the Rezoning Exhibit will be as depicted on the exhibit entitled,"3705 SURRY ROAD DUPLEX",dated December 17, 2019 (hereinafter "Elevations") with the primary exterior building materials being faux PREPARED BY: (? f) SYKES,BOURDON, cedar shake vinyl, premium vinyl and stone accents (front). The colors will be light earth A I AIIERN&LEVY,P.C. tones such as beige, cream or light brown, along with white. The elevations have been 2 exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. When the Property is developed, the Grantors shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the R-5R Residential District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along PREPARED BY: SYKES.BOURDoN. with said instrument as conclusive evidence of such consent, and if not so recorded, said AIIERN&LEVY.P.C. instrument shall be void. The Grantors covenant and agree that: 3 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied;and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantors and the Grantee. PREPARED BY: SYICES.POURDON. A1IERN&LEVY.P.C. 4 WITNESS the following signature and seal: Grantors: (SEAL) D nny .. Martin • L) Patr cia S. artin STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of December, 2019, by Danny K. Martin and Patricia S. Martin, Grantor. Notary Public My Commission Expires: August 31, 2022 Notary Registration Number: 192628 bgaguiv �' H. Mp hoe ,9 ono 4• ,' 4).•fPUB,'p,��• PREPARED BY: B SYKES,BOURDON, V I- AH-IERN&LEVY,P.0 5 WITNESS the following signature and seal: Grantors: (SEAL) ryan Martin (SEAL) Ar een Martin STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this i8th day of December, 2o19, by Bryan Martin and Arleen Martin, Grantor. ,74/1 .1()1(1 .46 Notary Public My Commission Expires: August 31, 2022 R, H. Notary Registration Number: 192628 .• �P,ytMOrya C" ra V• •pnn.s,.. PREPARED BY: I; SYICES.BOURDON. V I AIIERN&LEVY.P.0 6 WITNESS the following signature and seal: Grantors: c (SEAL) Robert Fais LP 445 -`-4 �� (SEAL) Natalie Faison STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of December, 2019,by Robert Faison and Natalie Faison, Grantor. y.4,6* . i‘ :}1)66/11M Notary Public isis' My Commission Expires: August 31, 2022 ,R %, h Notary Registration Number: 192628 �� t CFAW°4fik CIN iao,.. t-4 St I M IA weltok d usso PREPARED BY: G SYIC£S.BOURDON. \'I- AII£RN&LEVY,P C 7 EXHIBIT "A" ALL THAT certain lot of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being at Ocean Park in the City of Virginia Beach, Virginia, known as Lot 5, in Block 26, as shown on the plat marked "SEC. `B' OF OCEAN PARK, PORTION OF THE PROPERTY OWNED BY OCEAN PARK CORPORATION", made by P.R. Mueller, April 1, 1916, and recorded in the Clerk's Office of the Circuit Court of said City; said Lot being more particularly described as follows: BEGINNING at a point on the north side of Lynnhaven Boulevard, at the dividing line between LOTS 5 and 4, in BLOCK 26, and running thence north along the dividing line 113.47 feet to the southern line of Surry Road; thence west along the south side of Surry Road 48 feet to the dividing line between LOTS 5 and 3; thence south along the last mentioned line 76.30 feet to the dividing line between LOTS 5 and 6; and thence southerly along the last mentioned line 75 feet to the north line of Lynnhaven Boulevard, and thence eastwardly 42 feet to the POINT OF BEGINNING. GPIN: 1489-49-1015-0000 H:\AM\Conditional Rezoning\Martin\37o5 Surry Road\Proffer Agreement_clean 2-05-2o2o.docx PREPARED BY: SYKES,POURDON, �.A111;RN&LEVY,P.C. 8 80 ITEM—V.L2 PLANNING ITEM#70401 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS PROFFERED, BY CONSENT, Application of SPENCE CROSSING PROPERTIES, LLC for a Conditional Change of Zoning from Conditional B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development re eliminate commercially zoned property and construct 224 residential units and Modification of Proffers at the Southwest corner of Princess Anne Road and South Independence Boulevard (Approved June 26, 2007)DISTRICT 1—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA SPENCE CROSSING PROPERTIES,LLC for a Conditional Change of Zoning from Conditional B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development re eliminate commercially zoned property and construct 224 residential units and Modification of Proffers at the Southwest corner of Princess Anne Road and South Independence Boulevard(Approved June 26, 2007) (GPINS 1485153507, 1485141752) DISTRICT 1 — CENTER VILLE The following condition shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court 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 16th day of June 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 June 16, 2020 �ti4G I'04 - U -_ ~D City of Virginia. Beach y9,_ Sens OF OUR NA110 VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER June 16, 2020 EMAIL gtower@vbgov.com DISTRICT 6-BEACH Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Spence Crossing Properties, LLC for a conditional change of zoning and modification of proffers for property located at the southwest corner of Princess Anne Road and South Independence Boulevard (GPINs 1485153507 and 1485141752). 2. The applicant disclosed that Kaufman & Canoles is one of its legal service providers. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Guy K. Tower Councilmember GKT/RRI 211 43rd STREET.VIRGINIA BEACH.VA 23451 cz 0 b % Ap r i \ " N ,e•A- l.'t'-.,t l,fii IC 'y' fife s, O : ° t' 'f ' v ,! o � 11 '! h (" f�' ` o (f 1, O - --7, ' ..., ,. , 0 p f { i ..„_. , 43 ib 1 is .,.. * , • ,.- -, , . I g- Coy. , , * f"&-' ` y N cl ' a •,. fi- 0 L1 N Y •; IC:).2:::1 �. r�'�,.' N kb,_r- ,g411. 4itiP . , ........' -\7-te .-- -s-r-7.1./. .,..,::, n 0 ,' ,...___, A ..? L7---1 „c--- , .1)u) <•:, :› N •L 0 is...9° 17 . '' --N, . 7- co CL C UI 0 < c../.<7x' 7,..y KAL 1/4,-.../ K>c,„\\ l> („\O 41 1:•(> '<)<)'\'' , cn 0 v-,,, , \,,- ,,0 . _. .. 0.) 0 cn i.) 0 ... ., „.0 <> 0' 'I= ,II ;4a1,3 ! .1 r * VOL ..,.% ON c.\ , \-/-- .\''' la . s,Jo0 \--1 ' ,,Q �ti Q _ � :' Ci.. It' ,c , t j n , . ,..y, rki..\ is.›. . < ,>,,,.,..,_ . - .,,94, ,,,p, ,.1 0 '<)<>C' ° R 0. 6.NZ „i•-•••\ 13.11 \ 111%\ I, IC:\;6____ el) .N7. C:1 . atti**A3\ S 0 C.) 4 I 0 a U - •irAP-.-- -:----111,...,- _,, \--V, 0', it-3 1 1 CO CM i/N wol",* 5-2,1. ----' \,,, 0C)''C 5>2 kt1 e -6-'':6I - k 2' .` •E II Iii k--_-_-_-_1%._-- �','ti grla olive s�._5 'k gh N a m .11101010.111 ® _ G aA•B.EAc ,p 4 � .. = LG' is CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE qq^•n tV OF OUR NO° In Reply Refer To Our File No. DF-10394 DATE: June 5, 2020 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Spence Crossing Properties, LC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 16, 2020. I have reviewed the subject proffer agreement, dated January 23, 2020 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom PREPARED BY: RETURNED TO: Jeffrey M.Stedfast(VSB#25967) Beverly Kay Wilson,Esq. Kaufman&Canoles Deputy City Attorney 150 West Main Street,Suite 1900 2401 Courthouse Drive, Building 1 Norfolk,Virginia 23510 Virginia Beach,VA 23456 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS TO: SPENCE CROSSING PROPERTIES, LC, a Virginia limited liability company and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of January, 2020, by and between SPENCE CROSSING PROPERTIES, LC, a Virginia limited liability company, Grantor, to be indexed by grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, to be indexed as grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain portion of a parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 14.5 acres which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter the "Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS,the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated May 31, 2007 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070628000874380 (hereinafter"2007 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall modify Proffers 1 and 31 and delete those Proffers numbered 19, 20, 22, 23, 24, 25, 26, 27, 28, 30, and 33; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPINs: 1485-15-3507-0000 and 1485-14-1752-00oo WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or giLid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendments to the Covenants,Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. Proffer number 1 in the 2007 Proffers is hereby deleted and replaced with the following"NEW PROFFER 1": 1. In order to create a sense of place featuring stormwater retention ponds as aesthetic amenities,community centers,and multiple residential products,the Grantor agrees to develop the Property with the elements and character set forth on the Land Use Plan entitled,"CONCEPTUAL MASTER PLAN"(the "Plan"), prepared by LRK and depicted in the Renaissance Park Design Guidelines book (the "Design Guidelines"), dated November 28, 2006, last revised March 23, 2007, a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. As referenced by Proffer 31 in the 2007 Proffers and within Recommendations 1 through 7 in Chapter 7 of the TIA prepared by Bryant Goodloe, last revised February 26, 2007, Recommendation 3(e)will be modified as follows: 3(e.) A traffic signal will be warranted. This installation will need to be an 8-phase signal that allows the side street lefts on both sides to go at the same time. Pedestrian signal heads will also be needed with ped push buttons. These installations will be completed prior to the issuance of the 72nd certificate of occupancy of the Three-Story Garden Flat units called out on the exhibit 2 entitled, "Conceptual Site Plan, Spence Crossing at Princess Anne", dated October 2,2019. 3. Proffers numbered 19, 20, 22, 23, 24, 25, 26, 27, 28, 30, and 33, as contained in the 2007 Proffers,are hereby deleted. 4. Except as hereby modified or expressly deleted, the remainder of the 2007 Proffers are affirmed and remain unchanged. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,including the authority(a)to order, in writing,that any noncompliance with such conditions be remedied; and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement,damages,or other appropriate action, suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 3 Remainder of page left intentionally blank 4 WITNESS the following signature and seal: Grantor: Spence Crossing Properties, LC, a Virginia limited liability company By: Spence Crossing Residential, Inc., a Virginia corporation,its sole member LBy C (SEAL) Title: C \'rt"Rk 4/42 STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: ^ The foregoing instrument was acknowledged before me this b2.3r day of nt-L�'�`� , 2020, by ?_okoec e . k6 n , C.cO IA f? of Spence Crossing Residential,Inc.,a Virginia corporation, sole member of Spence Crossing Properties, LC,a Virginia limited liability company,Grantor. ary P lic My Commission Expires: t .31 • 2.0 2 k ARETHA Notary Registration Number: —1 l 91 O g D N WHITEt aRr PueI.IC COMMONWEALTH Onsmeo F VIRGINIA MY COMMISSION EXPIRES 0831-2021 5 18098290v2 EXHIBIT A MODIFICATION OF PROFFERS LEGAL DESCRIPTION GPINs:1485-15-3507-0000 and 1485-14-1752-0000 ALL THOSE certain tracts,pieces or parcels of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia,being known,numbered, and designated as "Parcel B-1-B-1 and Parcel B-1-B-2" as shown on that certain plat entitled "Subdivision Plat of Parcels B-1-B, B-1-C & B-1-D Spence Crossing(Inst. #20140812000748710) Virginia Beach, Virginia"dated November 21, 2018,Revised April 12, 2019 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 201907230000609420,reference to which is hereby made for a more particularly description of said parcels. IT BEING the same property conveyed unto Spence Crossing Properties, L.C., a Virginia limited liability company,by Deed of Spence Crossing Residential, Inc., a Virginia corporation, dated December 16, 2014 and duly recorded in the Clerk's Office aforesaid as Instrument Number 20141229001208400. 6 81 ITEM—VL3 PLANNING ITEM#70402 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of GOLDPETAL FARMS, LLC/WAVE CHURCH for a Conditional Use Permit re recreation and amusement facility of an outdoor nature at 2655 Seaboard Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GOLDPETAL FARMS, LLC/WAVE CHURCH for a Conditional Use Permit re recreation and amusement facility of an outdoor nature at 2655 Seaboard Road (GPIN 2404606318) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: 1. Activities related to the Recreation Facility of an Outdoor Nature shall be located within the areas designated on the submitted concept plan, entitled "Goldpetal Farms, Attachment B, September 2019". 2. Products and services sold at the facility shall be limited to entrance to the sunflower maze, ability to pick sunflowers, sunflowers sold by the stem and bottled water. 3. The facility shall operate seven (7) days a week,from April through June, weather permitting. Operating hours shall be Tuesday through Saturday, 10:00 a.m. to 8:00 p.m.; and Sunday, 12:00 noon to 8:00p.m. 4. The applicant shall ensure that all applicable Health Department requirements are met. 5. Amplified live and pre-recorded music shall not be permitted. 6. There shall be no less than one (1) trash receptacle per one thousand(1,000)feet of sales area. 7. During its operation, the facility shall not disturb the tranquility of the surrounding area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 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 16t day of June Two Thousand Twenty. June 16, 2020 82 ITEM—VL3 PLANNING ITEM#70402 (Continued) 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 June 16, 2020 c1NI''BEt. atilt` 4 rt- City of Virginia Beach 5; 9rt. OF 0 �0l �6` UR NA VBgov.com GUY K.TOWER June 16,2020 CELL:(757)439-4801 COUNCIL MEMBER EMAIL gtowerSvbgov.corn DISTRICT 6-BEACH Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia. I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of Goldpetal Farms, LLC for a conditional use permit for property owned by Wave Church and located at 2655 Seaboard Road. 2. The property owner disclosed that Kaufman & Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach,VA 23451. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because I do not personally provide services to the applicant, the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, Guy K. Tower Councilmember GKT/RRI 211 43rd STREET,VIRGINIA BEACH,VA 23451 *..1,7''..J I. :PAA.z• (....t,e9 _.‘.. 1-. l 0-41:1 NI 11101,010440 tin thinninn peo 8 pieoqeas sggz 'esiaz i-mi* k jii 'swJei leiadmo9 wiE29 , 7'. simv,;io'tsif7qpy lit I „ty, 4' / /ci i k iir . ezt • L-d i 1 qs, it... . t %...N,......s., • ""• ,,.. ) 1;r 4Ik ''L". .-°-....„ tfe ,' - '1 '7( 4.1!Iiill P■ rt It . -,,..,,.....0404 , ..... __it , 1‘44••,, a wo __ 410 :,i. • , , t . ••••r•A .„. T ..,..,-- 14 , stlitii:TY i j ,%1, 7: 1 --.1. - '- • lir/ --.. n,.. .. ,.., ...- _ IN )4 TV, "-...___ _ 1 • ylr --1,. ... , Afe41440,;-' .. *tr. - • o' ''' "I'i ' 7 • . ,fedre Or A, • 40.!......pi V.:4,01,-,t ..... 1 se.t.. :7 11110104,. AV 7 P , • F ;1144-4,4titi‘if 40 P i%It,;)/k '' •:' risloilloils‘ 0 , re ' •,} lit-40%_. --J.1b,e' .4 '1,7liew. :ft, '7 ' • i , ...--- V • ' i . g i in ;'it 11.1111 if/91 ' *. PP.- V .1 --At . L-d , fli N.. .fr ,i .. '* lAi I it$ i A s"•&• _ it x ,••hl.,..,1*, .., - "'' i:,t111441 40 : , .ilir • O - •t • •- -11ke'461 WW 4frif •., , .-.1 fotilbili lb i• ., 4, •-• • • • - ....-7,ill. 3110:1 . - ' , •4,iiii:les ',11" ar ii 4,....- -roi'WhIllpP /Mb .. V15 •40(4 Ilk A " . 4r It 4.00111•1" il)r _, , „s4n ',. - aii. ..1p- lur • .0 : I A ,111.:k • 1a.- 111 41116" X "qrt..N. Jk...,_?:' 83 ITEM—VL4 PLANNING ITEM#70403 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ALLOWED WITHDRAWAL, BY CONSENT, Application of JEFFREY FRANKLIN/GREGORY& JEANNINE SIMON for a Conditional Use Permit re commercial kennel at 1825 Indian River Road DISTRICT 7— PRINCESS ANNE 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 June 16, 2020 84 ITEM—V.L 5 PLANNING ITEM#70404 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of STEFANIE GUTHRIE/JACK P. GUTHRIE, JR.for a Conditional Use Permit re residential kennel at 3541 Champlain Lane DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STEFANIE GUTHRIE/JACKP. GUTHRIE,JR.for a Conditional Use Permit re residential kennel at 3541 Champlain Lane (GPIN 1486654646)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. No more than six(6)adult dogs shall be permitted to live on the property at any time. 2. The backyard and fence shall be maintained in a safe and sanitary condition. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and licensed. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 161"day of June 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 June 16, 2020 ,_ 7 R-7.5 -,_ c y, ---,fr- p 7 r - ----- 1 Ch fiL /a--mibane . , a j i ii c.9 , , / / ,/ Cha mplaIn Lane / , . in-----7 /01 L �� R-7.5 R=7:5 it i CD ----J / 111 // ii Q iIL 0 - L 1 r_ as 1 l ' , 7 A/ -1 * ifr 1---7 .1 1 - i , ri---7 A-18 i __-____ ; / V 1, Site j Property_Polygons Stefanie Guthrie v, i t Zoning 3541 Champlain Lane s Parking Lot Drive Aisle Building MECCIIMIIIIE=IFeet 0 10 20 40 60 80 100 120 85 ITEM—V.I.6 PLANNING ITEM#70405 Upon motion by Vice Mayor Wood, seconded by Council Member Tower, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Sea Level Wise Adaptation Strategy and AMEND Sections 1.1,1.2,2.2, and 2.3 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 June 16, 2020 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 VIRGINIA BEACH SEA LEVEL WISE ADAPTATION 4 STRATEGY, MARCH 2020 AND TO AMEND SECTIONS 5 1.1 (PLAN FOR SEA LEVEL RISE AND RECURRENT 6 FLOODING), 1.2 (SHORE DRIVE CORRIDOR), 2.2 (SEA 7 LEVEL RISE, RECURRENT FLOODING, AND HAZARD 8 MITIGATION), AND 2.3 (SEA LEVEL RISE AND 9 RECURRENT FLOODING) 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 WHEREAS, the Sea Level Wise Adaptation Strategy, March 2020, has been 15 developed with extensive input from the community and stakeholders, in order to outline 16 proactive, long-term approaches to adapt to changing environmental conditions; and 17 18 WHEREAS, the Sea Level Wise Adaptation Strategy, March 2020, is a strategic 19 plan that sets long-term goals to respond to sea level rise and related increases in 20 flooding; and 21 22 WHEREAS, the Sea Level Wise Adaptation Strategy, March 2020, is in 23 conformity with the Comprehensive Plan; and 24 25 WHEREAS, the Planning Commission placed the Sea Level Wise Adaption 26 Strategy on the Consent agenda and recommended Approval by s vote of 9-0; and 27 28 WHEREAS, the Sea Level Wise Adaptation Strategy, March 2020, and the 29 resultant amendments to the Comprehensive Plan should be adopted and incorporated 30 as part of the Comprehensive Plan 2016. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 36 is, amended and reordained by: 37 38 The adoption by City Council of the City of Virginia Beach of the Sea Level Wise 39 Adaptation Strategy, March 2020 and the amendments to the Comprehensive Plan and 40 their incorporation to the Comprehensive Plan 2016. Such documents are attached 41 hereto and made a part hereof, having been exhibited to the City Council and placed 42 on file in the Department of Planning and Community Development. Adopted by the Council of the City of Virginia Beach, Virginia, on this 16 t h day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1/114/„.-- Planning Vartment City Attorney's Office CA15041 R-3 June 5, 2020 2 86 ITEM—VI.7a/b/c PLANNING ITEM#70406 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Susan Fisher, 2211 Maple Street, Phone: 651-0191, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Moss, City Council ADOPTED Ordinances to Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 246 and 1501 of the City Zoning Ordinance(CZO) (Appendix A) and Section 6.26 of the Oceanfront Resort District Form-Based Code (Appendix 1) b. Sections 5.1-5.7, 5.10, 6.1, and 6.3 of the Subdivision Regulations (Appendix B) c. Sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance(Appendix C) 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 June 16, 2020 1 AN ORDINANCE TO CONFORM SECTIONS 2 246, AND 1501 OF THE CITY ZONING 3 ORDINANCE (APPENDIX A) AND SECTION 4 6.2.6 OF THE OCEANFRONT RESORT 5 DISTRICT FORM-BASED CODE (APPENDIX 6 1) OF THE CITY ZONING ORDINANCE TO 7 THE PROVISIONS OF THE PUBLIC WORKS 8 DESIGN STANDARDS MANUAL 9 10 Sections Amended: City Zoning Ordinance §§ 246 and 11 1501 and Oceanfront Resort District 12 Form-Based Code § 6.2.6 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That Sections 246 and 1501 and 6.2.6 of Appendix 1 of the City Zoning 21 Ordinance is hereby amended and reordained to read as follows: 22 23 APPENDIX A - ZONING ORDINANCE 24 25 D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING 26 CENTERS 27 28 . . . . 29 30 Sec. 246. Site design. 31 32 The following site design characteristics shall apply to retail establishments and 33 shopping centers which are subject to the provisions of this part: 34 35 . . . . 36 (d) Pedestrian access: 37 38 (1) Sidewalks shall be located along public rights-of-way in accordance 39 with department of public works engineering specifications and 40 standards the Public Works Design Standards Manual. 41 42 . . . . 43 44 ARTICLE 15. RESORT TOURIST DISTRICTS 45 46 A. RT-1 RESORT TOURIST DISTRICT 47 48 . . . . 49 50 Sec. 1501. Use regulations. 51 52 (a) The following chart lists those uses permitted within the RT-1 Resort 53 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 54 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 55 2 (section 220 et seq.). No uses or structures other than those specified shall be 56 permitted. All uses, whether principal or conditional, should to the greatest extent 57 possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 58 59 . . . . 60 Use RT-1 Temporary commercial parking lots, provided that adjacent to any public P right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public Works Design Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications Public Works Design Standards Manual shall be allowed. 61 62 . . . . 63 64 APPENDIX 1 65 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 66 67 . . . . 68 69 6.2.6 Parking Design Standards 70 2 71 . . . . 72 73 C. Specifications 74 75 All spaces shall comply with the specifications and standards of Public Works 76 Public Works Design Standards Manual, and where such specifications and 77 standards do not apply, parking surfaces shall be provided and maintained with 78 an all weather surface. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Departmer4 City Atto ney's Office CA15030 R-2 March 19, 2020 3 1 AN ORDINANCE TO CONFORM SECTIONS 2 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, A N D 3 6.3 OF THE SUBDIVISION REGULATIONS 4 (APPENDIX B) TO THE PROVISIONS OF 5 THE PUBLIC WORKS DESIGN STANDARDS 6 MANUAL 7 8 Sections Amended: Subdivision Regulations §§ 5.1, 5.2, 5.3, 9 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, and 6.3 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, and 6.3 of the Subdivision 18 Regulations is hereby amended and reordained to read as follows: 19 20 APPENDIX B - SUBDIVISION REGULATIONS 21 22 23 24 REQUIRED IMPROVEMENTS 25 26 Sec. 5.1. Permanent monuments. 27 28 Permanent monuments of material, size and length as prescribed in the 29 spccificatiee., of the dcpartmcnt of public works Public Works Design Standards 30 Manual, as approved by the council of the City of Virginia Beach, shall be placed at all 31 block corners and at the tangent points of curves connecting intersecting street lines; at 32 the points of curvature and tangency in curved street lines; at all corners in the exterior 33 boundary of the subdivision except those inaccessible due to topography; and at such 34 other points as may be designated by the director of public works. 35 36 . . . . 37 38 Sec. 5.2. Streets and alleys. 39 40 Streets and alleys shall be graded and surfaced in accordance with the 41 specifications of the department of public works Public Works Design Standards 42 Manual, as approved by council of the City of Virginia Beach. 43 44 Sec. 5.3. Street signs and traffic-control devices. 45 46 Street signs and traffic-control devices in accordance with the £pecifications of 47 Public Works Design Standards Manual, as approved by 48 the council of the City of Virginia Beach, shall be erected at all street intersections. 49 50 Sec. 5.4. Street lights. 51 52 Street lights shall be provided and installed: 53 54 (a) Along arterial or collector streets; 55 56 (b) In all multiple family, hotel, commercial and industrial districts; 57 58 (c) In such other locations as are found by the department of public works to 59 require such lighting in the interests of safety and security for persons, 60 property or traffic. 61 62 Such lighting shall be provided and installed as set forth in the specifications of the 63 department of public works Public Works Design Standards Manual, as approved by the 64 council of the City of Virginia Beach. The recorder subdivider shall pay to the city all 65 costs involved in installation and all costs to be incurred during the first year of operation 66 following installation, upon receipt of a certified bill. 67 68 Sec. 5.5. Street and other drainage. 69 70 . . . . 71 72 (a) [Curbs and gutters]. Curbs and gutters built to specifications of the 73 in accordance with the Public Works Design 74 Standards Manual, as approved by the council of the City of Virginia 75 Beach shall be required, except as provided in subsection (c), on all 76 streets, except when it is determined by the director of planning or his 77 designee that existing soil or site conditions would make this requirement 78 impractical or where the use of best management practices is better 79 promoted otherwise, in which case a waiver or modification may be 80 authorized, provided, however, that any such waiver or modification shall 2 81 be put into writing and include the reasons therefor and be made a part of 82 the permanent application record. 83 84 (b) Storm sewers and drainage. Where required by the director of public 85 works, underground storm sewers meeting specifications---ofe 86 department of public works in accordance with the Public Works Design 87 Standards Manual, as approved by the council of the City of Virginia 88 Beach, shall be installed, except as provided in subsection (c) and, except 89 where such requirement is waived or modified under the provisions set 90 forth in Section 5.5(d). Elsewhere open drainage ways meeting 91 specifications of the department of public works in accordance with the 92 Public Works Design Standards Manual, as approved by the council of the 93 City of Virginia Beach, shall be used. 94 95 . . . . 96 97 Sec. 5.6. Sidewalks. 98 99 Where constructed, sidewalks shall be in accordance with the specifications and 100 standards of the department of public works Public Works Design Standards Manual, as 101 approved by the council of the City of Virginia Beach and the standards established by 102 the Americans With Disabilities Act. 103 104 . . . . 105 106 107 Sec. 5.7. Driveway entrances. 108 109 Driveway entrances shall be in accord with the specifications of the department 110 of public works Public Works Design Standards Manual, as approved by the council of 111 the City of Virginia Beach. 112 113 . . . . 114 115 Sec. 5.10. Underground utilities. 116 117 (a) Except as provided below, transmission, distribution, and customer service 118 utility facilities carrying or used in connection with electric power, streetlights, telephone, 119 telegraph, cable television, petroleum, gas or steam, shall be placed below the surface 120 of the ground. Exceptions are as follows: 121 3 122 (1) Equipment such as electric distribution transformers, switchgear, meter 123 pedestals, telephone pedestals, meters, service connections and the like 124 normally installed aboveground in accordance with accepted utility 125 practices for underground distribution. 126 127 (2) Temporary overhead facilities required for construction purposes. 128 129 (3) High tension transmission lines, fifty thousand (50,000) volts or more. 130 131 All installations shall be in accord with applicable codes and the specifications of 132 the department of public works the Public Works Design Standards Manual, as 133 approved by the council of the City of Virginia Beach and shall be in accordance with 134 charges as approved by the state corporation commission. 135 136 . . . . 137 138 PLATS AND DATA 139 140 Sec. 6.1. Preliminary plats and data—Generally. 141 142 The preliminary plat shall be at a scale of not less than one inch equals one 143 hundred (100) feet and may be of one or more sheets as necessary. The plat shall 144 include or be accompanied by the following: 145 146 147 148 (c) Location and identification of existing features and improvements within he 149 tract, including streets, structures, water areas by type (including areas in 150 marsh or subject to frequent inundation), wooded areas, easements, 151 installed utilities and other important details. Information on soil and 152 subsoil conditions shall be provided in the form and manner indicated in 153 the specifications of the department of public works the Public Works 154 Design Standards Manual. Plats of tracts abutting on or containing natural 155 or artificial bodies of water shall show the approximate high water lines, 156 bulkhead and pier, head lines if officially established, and top of bank and 157 toe of slope. 158 159 . . . . 160 161 (j) Topographic map of a suitable scale and contour interval, as determined 4 162 by the Planning Director city engineer, where a grading and drainage plan 163 is required by the Public 164 Works Design Standards Manual, as approved by the council of the City of 165 Virginia Beach. Vertical control shall be based on North American Vertical 166 Datum (NAVD) of 1988. 167 168 . . . . 169 170 Sec. 6.3. Final plats and data. 171 172 . . . . 173 174 (f) A minimum of two (2) coordinate values must be shown on each sheet of 175 the plat, expressed in U.S. Survey Feet. No plat showing plus or minus 176 distance will be approved. Plan and profile sheets shall be provided on all 177 new streets and underground utilities, as required by specifications of the 178 department of public works Public Works Design Standards Manual or 179 department of public utilities, as approved by the council of the City of 180 Virginia Beach. The director of public works or director of public utilities 181 may require such office and field checks, respectively, as necessary to 182 assure the accuracy of the plat. 183 184 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15031 R-1 March 9, 2020 5 1 AN ORDINANCE TO CONFORM SECTIONS 2 1.2, 5.1, AND 5.16 OF THE SITE PLAN 3 ORDINANCE (APPENDIX C) TO THE 4 PROVISIONS OF THE PUBLIC WORKS 5 DESIGN STANDARDS MANUAL 6 7 Sections Amended: Site Plan Ordinance §§ 8 1.2, 5.1, and5.16 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 1.2, 5.1, and 5.16 of the Site Plan Ordinance is hereby amended 17 and reordained to read as follows: 18 19 APPENDIX C - SITE PLAN ORDINANCE 20 21 Sec. 1. Definitions. 22 23 . . . . 24 25 1.2. Adequate. The term adequate shall mean standards andior specifications 26 as set forth in recognized engineering codes and regulations, as approved and 27 recognized by national engineering organizations, except where such standards conflict 28 with the standards and specifications of the department of public works Public Works 29 Design Standards Manual, as approved by the council of the City of Virginia Beach, in 30 which case the latter shall control. 31 32 . . . . 33 34 Sec. 5. Minimum standards and specifications required. 35 36 . . . . 37 38 5.2. In addition to 5.1 above, condominium and apartment developments shall 39 have on-site pavement design and improvements based upon soil boring information 40 and design methods which are acceptable under the provisions of the 41 specifications and standards manual Public Works Design Standards Manual. Also, a 1 42 professional engineer, duly licensed by the Commonwealth of Virginia to practice as 43 such, shall certify that on-site typical pavement sections are consistent with the 44 approved site plan design specifications and that standard pavement construction 45 practices were followed. 46 47 . . . . 48 49 5.16 Underground utilities. Except as provided below, transmissions, 50 distribution, and customer service utility facilities carrying or used in connection with 51 electric power, street lights, telephone, telegraph, cable television, petroleum, gas or 52 steam, shall be placed below the surface of the ground. Exceptions are as follows: 53 54 (a) Equipment such as electric distribution transformers, switchgear, meter 55 pedestals, telephone pedestals, meters, service connections and the like 56 normally installed above ground in accordance with the accepted utility 57 practices for underground distribution. 58 (b) Temporary overhead facilities required for construction purposes. 59 (c) High tension transmission lines, fifty thousand (50,000) volts or more. 60 61 All installations hall be in accord with the applicable codes and the specifications 62 the Public Works Design Standards Manual as 63 approved by the council of the City of Virginia Beach, and shall be in accordance with 64 charges as approved by the state corporation commission. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day of June , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De artment City or ey's Office CA15032 R-1 March 9, 2020 2 87 ITEM V.L. APPOINTMENTS ITEM#70407 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD June 16, 2020 88 UNFINISHED BUSINESS ITEM#70408 7:12 P.M. Mayor Dyer turned the gavel over to Vice Mayor Wood for the purpose of making a motion to City Council. Mayor Dyer made a motion to schedule Justyce Swango on a future agenda to re-consider the application of JUSTYCE SWANGO/JAAG INVESTMENTS, INC. for a Conditional Use Permit re short term rental at 521 Carolina Avenue DISTRICT 6—BEACH 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 June 16, 2020 89 ADJOURNMENT ITEM#70409 Vice Mayor Wood turned the gavel back over to Mayor Dyer. Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 7:17 P.M. s Chief Deputy City C erk manda rnes, MMC Robert M. Dyer City Cler Mayor City of Virginia Beach Virginia June 16, 2020