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JULY 21, 2020 SPECIAL SESSION MINUTES ft se' a 5° * ac5'rr �794.3 --e QE�a."A:* s ° on hao VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 21, 2020 Vice Mayor James L. Wood called to order the CITY MANAGER'S BRIEFINGS in the City Council Chamber, Tuesday,July 21, 2020, at 2:00 P.M Council Members Present: Jessica P. Abbott, Michael F. Berlucchi, 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: Mayor Robert M. Dyer—Arrived at 2:02 P.M 2 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 2:01 P.M. Vice Mayor Wood welcomed Dr. Demetria Lindsay, Director— Virginia Beach Health Department, Erin Sutton, Director—Office of Emergency Management and Steve Cover,Deputy City Manager. Dr. Lindsay expressed her appreciation to City Council for their continued support. l Virginia ash Public Health COVID-19 Cases in Virginia Beach JULY.21.2020 This graphic provides the Level of Community Transmission By Region: 1422. Level of Community Transmission :. ., By Region ipTHERN4 wou.mw 1 1114. TE� July 21, 2020 3 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) The next two (2)slides provide Eastern Region Testing results: 40, Eastern Region Testing Pubnc 1, Number of Testing Encounters,Number of Positive Testing Encounters,and Percent Positivity by Lab Report Date, PCR Only-Eastern Region 20,000 10.0% 15,000 l0.0% 10,000 20.0% 5.000 10.0% mi 0 �.�._ . _ - —e..,r6IIIiI a4IIiiId l61111I* l 0.0% RRg&CRR'RC QRRg§nrygF«CRRRRRRgRRRR 0000E88dd88b'ffi?'66666i8ggggaaoS60000 This graphic provides the 7-day moving average of positive cases between April 14`h and July 3`d: irmstromion Am 0101:Ian.. fita I an Mn,nR Avela{e.updated 1111/20}01):E3:39 PM 1'.....• Beach Public Health Oex ceM ■fM«n • P. f { 3 l • __ I l' ii l July 21, 2020 4 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) This graphic provides a comparison of cumulative active cases(orange), inactive cases(blue)and deaths (red), between April 7th and July 20th: 411 Cumulative Number of COVID-19 Cases on Isolation in Virginia Beach(March.31 to July.20) V\41- rginia Beach wooPublic Hell) tato •NM Wm •YYen•YO •CUNMn Oren 2000 t 1500 1wo R R eg..6. iznnpRRRRnIr� R4 it 500 oo.•anaa»n»n»arawa+ta f° I 111/11 0 I g a a a a a a a a a ag -S"a S g a a i'a a a a S g i C'a 3 S i g g i b g Ra i g Ra g^^_g-=====g Date of Report The next four(4)slides provide Demographic Characteristics of Cases: Demographic Characteristics of Cases COVID-19 Cases by Age&Sex "g""Beat' PuI I,II.-a?il The Number of COVID-19 Cases through 0712012020 in Virginia Beach is 2716 cases. 603 19.4 3 em Their mean(Standard Deviation(SD))of age t 4m is 40(19.6)years. 300 More than two thirds of the Cases(72%) 10c + I` aged between//2D 60years. 0.9 1019 2029 3039 40.49 5059 6069 7079 OD. g 1 ) •Female 39 89 397 277 188 169 130 63 81 •Male 47 71 339 239 186 133 104 62 37 Total 86 160 737 516 374 302 234 125 118 July 21, 2020 5 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) Age Distribtution of the Cases Compared to the Population Age Distribution 141 • 1114 1 IiJi te■ saxyxMI I acI616 11as nsass »z•rw. sasswas r«n ron.. Trend in Age Distribution of the Cases vs.Hospitalized Cases \2. \'ir�nu Ikxh Age Started Number of COVID-19 Cases Over Time r niir'iir,hh Age Startified Number of COVID-19 Hospitalized s Cases Over Time MD leers Z� ft, Data ate July 21, 2020 6 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) Demographic Characteristics of Cases Virginia oto Publk Health Cases by Race Race Distribution of the Cases Compared to the n.i,n=7s Race Distribution in the Population •3% BIacttfnpn Amannn•709 •Hispanic or Latinw2ll •Whde�92 4D% 56% 20% Other Redesm09 unknowNMe•ine•ea9 50% 2e% c 40% 3694 4% 8 ao% x her sm% 10% ax ax Asian aksjertran lehameheano WM. Other acre unenann 1111W% American Races The race is known for 73% of the cases There is a 33%positivity rate in Emergency Department Visits: • Emergency Dept. CLI Visits 141 each P.1.blle U:1th Pvb11e HWeh • ED Visits for[OVID-Like Illness(CU) VDM m0^.to•1CD vitas to measure the number of petants seekna use for a COVID'I,se V:neft(CV/Visas for Cu,sc'ude uses natlrretTlptarrosf lever/vnel inaction with a respiratory complaint Or souan shortness of breath,ddeculty breetlrnr)those*Oh a ts,00avltus sr seven lash e1Mry &worn,or cuts that mentor,CON0-19 as the reason for van These data do net tepesent contented uses u1 C0V1019,but they can meet with unaerlten0.na the burden on Ilealtheate systems and the communde Weekly CLI Visits(Counts) Virginia Beach Select counts or Mt entries as •Counts 300 percentages aK 14allb Qilerkt 200 ae is Cli WAR•Vnpna Stele SK w .CO VxN Ica 1K S 1K o Rese ten axe sure mason w.enrasmheten t.eledan p,t Note:33%Positivity rate in ED visits Mar21 Arm sots Mays May la Mps. Jun is fat17 Jul 11Jul ZS July 21, 2020 7 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) The next two (2)slides provide Hospitalization data: itr; Hospitalization Y i.ginis Ruch Puhlic.,i,irh Cumulative Number of Hospitalized Cases Over time 160 lel :1e0 d1m a 100 s 0 1 w E e0 2 M 0 _ a a a 4 a 11n a a I' 3 E f 1 E 1 5 1 I i 3 Date 5%of Cumulative Number of cases have been or are currently Hospitalized Hospitalization VI. \'i.Ninl.Re.ch t Age Distribution of Hospitalized Race Distribution of Hospitalized Cases Cases 69 Met P cos El 5% 10.19 S 9pp MIMI a% Hispanic or Latino E.17% 3a39 a% 1j a"e9 ®"IWhile 72 aft 5059 _1a% Black or African m a% American Saa ®H% 1619 MINIIIMIIMMIMINIIM Asian a 7% 10eIMIIIIIIMIMM14% 0 10 e0 to 90 I 10 m 30 a0 Number a Hoepitaf¢ed Casa , Age Stratified Case Fatality Sex Distribution of Hospitalized Casa xia 30-39 S 4049 0% Mari 52% ce 50-59 re saes 1% a 70-79 , _ 7% Female ee% BM - 20% 0 5 10 15 X 35 30 w Io ri r5 re n Number of Death. July 21, 2020 8 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) Here is an overview of What Virginia Department of Health (VDH) is doing: What VDH is doing Virginia Beach Public li�•I.h 111114 •Increased emphasis on enforcing Governor's Executive Orders •Continued efforts to educate businesses and the public around public health preventive strategies •Enhanced public health response efforts with close monitoring of key indicators •Case investigations •Contact tracing •Adding staff to support these efforts •Enhancing testing •Planning for Immunizations •Support planning efforts of other agencies •Strike teams to address outbreaks and provide technical support to high risk settings • VDH Redcap Survey Virgin:.Haach Citizen Report of Violations Summary by Summary by Establishment Type: Violations: Restaurant 356 Not Wearing Face Covering 942 Grocery/convenience store 260 Not Following Social Brick&Mortar Retail 198 Distancing 540 Other 90 Doctors Office 34 Over Capacity/Crowded 177 Fitness&Exercise 25 Grand Total 1659 Personal Grooming Service 18 Note:Multiple violations can be reported for same establishment Hotel 17 Winery/Brewery 5 Religious Service 3 Indoor Gun Range 3 Grand Total 1009 July 21, 2020 9 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) Executive Order(s) Enforcement Pub11c Hsaleh • Partnered with ABC to conduct unscheduled field visits over the weekend • Focused on areas with most complaints: • Oceanfront • Shore Drive • Most time was spent on education-businesses were very receptive&made onsite modifications • Suspended two restaurants food permits due to violations of EO-65&EO-67 Here is the Summary: Summary Virginia Beach and the Eastern Region are experiencing a dramatic and disturbing increase in COVID-19 cases We have returned to a level of widespread community transmission at a moderate level,the pace of which is rapidly advancing There has been a significant shift to a younger population in cases,with the greatest proportion in the 20—29 year age group Public health case investigations and observations show a major contributing factor is an increased socialization of extended (non- household)family and friends and large gatherings in bar areas of restaurants without observance of public health preventive measures— social distancing,facial coverings,etc. July 21, 2020 10 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) Summary - We are all part of the solution. What we each do personally and collectively matters Case investigation and contact tracing alone will not turn this tide • Experiencing increased turnaround for lab results,which is impeding effectiveness of Case Investigation&Contact Tracing • Follow the public health preventive measures. Avoid crowds - Unfortunately,those outside our household, regardless of our level of comfort with them, pose and increase risk •:For socialization—limit if you can;KEEP YOUR CIRCLE TIGHT Dr. Lindsay turned the presentation over to Mrs. Sutton. Mrs. Sutton provided the following updates: City Recovery Operations • There are 65 cumulative City employee COVID-19 cases: 58 employees and seven (7) volunteers. Currently, there are 48 people out of work. • Reopening Plans continue to be reviewed and are nearly complete for all Departments. • The Virginia Equity Health Group has selected the City for their program aimed at proactively and reactively identifying, prioritizing and providing resources related to preparedness mitigation. The group will identify at-risk individuals in the City and provide them with masks, hand sanitizer and educational materials. • The Federal CRAFT(COVID Response Assistance Field Team) arrived July 20th and began meeting with stakeholders to leverage ground truth to validate data as Hampton Roads is categorized as a "hot spot". The team will assess actions the City is taking to try to determine the root cause of the increase in COVID-19 cases. They will conduct assessments and meetings throughout the week and provide a report upon completion. • Hurricane sheltering plans are being reviewed and revised to accommodate social distancing requirements which will include pre-registration to prevent overcrowding. Pet sheltering will continue with no changes. Mrs. Sutton turned the brief over to Mr. Cover. July 21, 2020 11 CITY MANAGER'S BRIEFINGS COVID-19 PUBLIC SAFETY UPDATE ITEM#70531 (Continued) Mr. Cover provided the following updates: • July 14th, a permitted protest took place in front of City Hall with a crowd size of approximately 50-75 individuals; two (2)arrests were made and two (2)summons were issued. • July 17`": • A protest(not permitted)took place at the Oceanfront. Protestors marched down Atlantic Avenue for approximately three (3) hours and fifteen (15) minutes;five (5) arrests were made and three (3)summons were issued. • In other areas in the City, there was a stabbing and two individuals with gunshot wounds. • July 18`", a domestic incident occurred in the Courthouse Estates neighborhood, resulting in a a victim with a gunshot wound and a suicide. • July 19', at approximately 8:45 P.M, a fatality occurred on Blackwater Road as an individual was riding a bicycle on Blackwater Road and struck by a vehicle. Mayor Dyer expressed his appreciation to Dr. Lindsay, Mrs. Sutton and Mr. Cover for the presentation. July 21, 2020 12 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 3:05 P.M. Mayor Dyer welcomed Andrew Friedman, Director—Housing and Neighborhood Preservation and Ruth Hill, Housing Resource Center Administrator. Mr. Friedman expressed his appreciation to City Council for their continued support: JULY 21,2020 CITY COUNCIL BRIEFING Emergency Housing �, j EVICTION # � I Assistance • Strategy f Andrew Friedman, Director Neighborhood Preservation Here is the Operational Context: We fund, facilitate and coordinate the work of others to develop plans and meet needs: • Support the Housing Advisory Board • Lead the Homeless Continuum of Care Operational • Coordinate the BEACH Community Partnership Context • Fund services and housing developments through contracts and partnerships D H N P has multiple We also directly operate some activities: roles in housing • Housing Choice Voucher Program and homelessness • Code Enforcement • Owner-Occupied Rehabilitation Program • Overall management of Housing Resource Center • Housing Crisis and Stabilization(homeless prevention) • Outreach,assessment and referral for homeless service system July 21, 2020 13 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here is the Policy Context with key initiatives before the pandemic: Housing and Neighborhood Strategy Development • Last Council briefing on Feb.18 • Working on update of housing study Policy Context • Council's direction and Housing Advisory Board guidance • Part of Comprehensive Plan,collaboration with Planning Department and Planning Commission Key initiatives before pandemic... Unsheltered Homeless Reduction Strategy • March 10 Council briefing • Respond to increased homelessness in resort area and panhandling throughout VB and impact on businesses • Strategies:increased engagement,targeted assistance and awareness campaign • Coordination with VBPD and Resort Management • Began stakeholder meetings Acting City Manager Leahy provided you with a memo on the subject of emergency housing assistance, recommending the following overall approach: Policy Context: "We should maintain a balance between three objectives: • the current need for significant and meaningful May 22 City emergency assistance to residents to help them Manager Memo • maintain their current housing; • the need to continue current programs; • the need to support development that will maintain and increase the supply of affordable housing into the future." Since that memo was written,a lot has changed! July 21, 2020 14 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here is an overview of What's Changed Since May 22nd• Item May 22 Since Then National and local Pre-racial equity Ongoing environment protests and movement movement What's Changed New funding for housing assistance $2.2 million total $4.6 million total Since May 22? Eviction prevention Just started Now complete program phase I June 29-State State Housing Rental and Assistance No Program Mortgage Programs Assistance Program Began Before the pandemic,and before the nationwide movement toward racial equity,Virginia Beach was developing a housing strategy that would outline how our community could: • meet the needs of its residents for affordable housing Housing & • make homelessness rare,brief,and nonrecurring • and promote vibrant,well-maintained neighborhoods Neighborhood Strategy But that was before these world-changing events. To have a housing strategy today,we have to: • adjust our goals to the new reality Need to adjust • meet the new,emergency and emerging needs of our • residentskd our goalstake advantage of newly-available funding • Adjust to a rapidly changing financial,policy and operational environment • plan to do all of this through a lens of equity for all people July 21, 2020 15 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) This chart provides the Flow of Federal CARES Act Funds: CFederal CARES Funding — J 1 ! Financial & HUD Partnerships Context: City Flow of Federal CARES Act Funds to Housing y Council Homeless t Our Community Homeless allocated Motel Shelter Assistance t«housing Program Housing s assistance Assistance Here is an overview of Federal Funding&Actions: Federal Statutory and Regulatory Waivers These changes make possible utilization of prior year and FY 20-21 funds for emergency assistance,and provide flexibility for use of new funds New Housing Funding for Pandemic Response:Total:$4,635,523• Federal •(includes$1.3M still to be appropriated) • Does not include current and prior year funds that may be Funding & directed toward emergency assistance; • Also does not include funds flowing directly to other Actions organizations Total New Emergency Housing Assistance Funds Direct Federal Total $3,928,946* State Total $ 206,577 City CARES Allocation $ 500,000 Grand Total $4,635,523 *Includes$1,389,918 still to be appropriated July 21, 2020 16 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here is an overview of State Actions&Funding for Housing: Non-congregate Shelter(motel)funding State provided$207,677 specifically to support this State Actions activity & Funding for State Rental and Mortgage Relief Program H O u$I n Virginia has provided statewide funding to help g prevent evictions and foreclosures Virginia acted quickly to Additional State Funding is Pending provide housing resources • Funding to move homeless persons out of motels to address the pandemic and into permanent housing • Amount and timing of this is still unknown Here are a few of the Community Organization Actions: General Assistance to People C o m m u n ity • United Way and the Hampton Roads Community Foundation provided immediate cash assistance Organization • Many churches and non-profit organizations have Actions enhanced or created assistance programs • We rely on our skilled non-profit partners to deliver the majority of homeless and emergency assistance programs July 21, 2020 17 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) • Needs assessment survey-April • Applications for Rental Assistance-May Ways to Seek • Applications for State Rental Assistance Program Understanding • Consultations with Realtors and Apartment Managers of Community • National information Needs Our understanding of community needs is evolving, and varies for renters,owners and persons experiencing homelessness,and so our responses will vary. Community Needs Drive Our Emergency Responses Different housing situations- Different Effects-Different Assistance fig • * People experiencing Renters Homeowners with homelessness mortgages Mr. Friedman turned the presentation over to Ms. Hill. July 21, 2020 18 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here are the effects on People Experiencing Homelessness: Effects of Pandemic on People Experiencing Homelessness • Options during stay-at-home lockdown period: o On street/non-hygienic settings ( - o Densely-occupied shelters with no opportunity for social distancing • Many have underlying medical conditions that make them more vulnerable to COVID-19 rl • Effects were threatening to individuals and overall public health Here are the Emergency Responses: Immediate need: Non-congregate(motel) sheltering • State and local approach to help people stay off streets and reduce density at shelters • Increase safety and social distancing Emergency Responses for o 50%of Housing Resource Center singles shelter residents transferred to hotels People o Currently sheltering approx.70 households at 3 hotels Experiencing Now: Move people out of hotels into permanent housing-not back to streets Homelessness • DHNP has contracts with 3 non-profits to help hotel shelter residents obtain housing directly(rapid re-housing) • State funding for similar activities is pending • Use available funding to make a significant reduction in homelessness through multiple approaches How do People Access Assistance? • Homeless Outreach Team referrals • Housing Crisis Hotline:(757)587-4202 July 21, 2020 19 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here are the effects on Renters: Effects of Pandemic on Renters • Job and income losses occurred starting in March • State eviction moratorium until June 28 ■ • Moratorium for some housing receiving with direct federal assistance prohibition continues into July • Crises delayed by: ION o Renters'savings,landlord forbearance and payment plans o Federal assistance,and if extended,will continue to assist • Rental housing crises have mostly been delayed until now or the next few months Here are the Emergency Responses: Eviction Prevention Assistance(EPA) Program • Round 1:Launched April 29 and operated by Dept.of Housing • Short-term assistance for rental arrears and one month's rent • Targeted for households at or below 80%AMI(total gross Emergency Responses for annual income for4-person household=$66,0001 How to Access Assistance? Renters • Phase 1 is closed/summary of results follows • Phase 2 is on hold pending results of State Rental and Mortgage Relief program; • May consider contracting with ForKids if needed to continue rental assistance State Rental and Mortgage Relief Program • Launched June 28 and operated by nonprofit ForKids (Dept.of Housing played role in choosing provider) • Short-term assistance to support housing stability How to Access Assistance? Call Housing Crisis Hotline:(757)587-4202 Ms. Hill turned the presentation back over to Mr. Friedman. July 21, 2020 20 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here is an overview of EPA Round 1 Results: - EPA Round 1 Results • 587 applications received(April 29-May s) P • 125 households(21%)approved and provided assistance / HELP Total Arrears Paid $165,436.60 LjTotal Rental Subsidy Paid $138,817.91 f Total Amount of Assistance $304,254.51 Various reasons why households did not receive ET_ assistance • Did not submit documents • Non-responsive(after multiple attempts to contact) • Ineligible(no arrears or over income) • Self-resolved • Refused assistance • Referred to Homeless Prevention EPA Round 1: 587 Applications Refused assbtance.s 1% Received S`"`"°"`d 266 Did not submit documents/ der-to be over income. Non-responsive.se"- AppliCations116,20% resolved.refused assistance Completed& 19934% 321 Began Document Applications Collection Process Approved/ Not Completed Assisted, 125,21% ",„ Applications Dec" ( 112.27% le July 21, 2020 21 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) EPA Round 1 : 125 Households Assisted Household Type Area Median Income(AMI) 28,23% 84, 67% 73,58% •Singles •Families w/mlnor children s 0%-50%AMI 51%-80%AMI w Families w/o children 23455 18 HH 23451 27 HH 23462 22 HH 23452 17 HH EPA Round 1: 23464 11 HH 2HH ".... 7 " # of Households (HH) .20 Assisted by ZIP Code 23456 3HH 20 July 21, 2020 22 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) • DHNP has operated a homeless prevention program at the Housing Resource Center since Ongoing DHNP opening in 2018 • Supported with funds from Council,VB Home Now Homeless and other sources Prevention • Demand has significantly increased since pandemic started Program • Due to multiple issues affecting staff time,data is not available for this presentation but will be shared in the future Here are the effects on Homeowners with Mortgages: Effects of Pandemic on Homeowners with Mortgages • Homeowners may have started falling behind with April payment; • Federal unemployment assistance is helping to delay crisis • Foreclosure normally cannot start until 3-4 months of non- payment • Restriction on foreclosure and workout options for all Federally-backed mortgages(none will start until September at the earliest) o Many in VB have VA and FHA mortgages • Foreclosures may not be occurring,but homeowners can be falling behind and not be able to recover • Greatest need may start this fall as Federal assistance ends and mortgage holders can proceed with foreclosures July 21, 2020 23 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here is the Emergency Response: Short-Term Mortgage Assistance • To be launched in August,and operated by DHNP • Assistance for mortgage payments delinquent on or after April 1 • Targeted for households at or below 80%AMI(total gross annual income for 4-person household= $66,000)and who do not have a Federally-backed Emergency Responses for mortgage Homeowners with How to Access Assistance? Online screening at VBgov.com/mortgageassistance Mortgages State Rental and Mortgage Relief Program • Launched June 28 and operated by nonprofit ForKids—will refer applicants with mortgage issues to DHNP • Programs have different eligibility and assistance amounts • Intake by DHNP and referrals to ForKids 3; regents 1sBeech Floury8. •• NN ghbahooN Prewnaion Getting the Word Out A ne:.ataa Fan 6 Monona Friel P:cgram [canard wcey tO recta rams and mortgage assistance fee terror Fees horrors the era On our programs and other resources facing recur clir to COViu.15 horrpraf<par6•' PrxK.aeanmwarrngN»vapor • News releases and media • Flyers(EPA Round 1 flyers delivered ••Nyaua suutperig:.nh cent zmortgage • Social media channels to low-and moderate-income detymarr ss N e'AM Mowing Miter g Ctrs erat • City and department newsletters apartment complexes) • Department and City Emergency • Communicating through our •iap P[Uc o Ea.r websifes partners and stakeholders men 665 p,eRee E'Rapena"; lm Housing&Neighborhood Preservation Weir.0..d0 Meregi ... • W4 0borlrood RNrvrbn • .a ---,� en••... P.n.program iuvaada m Vevan C•a Lan at ra a I0,-and moarlwncorpa rams in Wi d ..e,..a..n...�nw-..:.w &WI+uto hi,a•wcitedrMantis'rarer mw o�...+a-.r..>.,..'........,.....r-.,.,--...........,.a......,,.w. ...-......,..,,...,a.�.,..,.,...,, to CON0-'.5 Trw Vrgna Joan E..ean Presamwn AteNarcw pra4rtm pr..M4 09r0e -.,.-ice m...-.. h o+4aUH1:'.ide rotator aNeia as Maur r..scars sine Apes I gnl0.no or mace S.....r.,....: ............e....,.....,.....,.........................�.,..r.,.....,....r..,,.,.: ..,._..-. m, h,......,,.......................s r...�r�i<_.........r.w.r.wt..w�m....u<i. .. .n..iumn..a.:•,_-.d�t To MNNyoumaa Ca Mil 100WM9 WAni v.b: ++.:n.Lga.onte.i_Lnnya:Man I von.a eewee h•.r•,.. aan � f11I I�AI Grp Onau Fa ii July 21, 2020 24 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here are the Opportunities& Challenges: Opportunities & Challenges • Opportunity to house significant numbers of currently homeless people with new funding • Need for close coordination with all providers to prevent duplication of assistance and populations served • Large amount of funding and short timeframes have stretched capacity of all organizations • City Manager approved hiring of temporary contractual staff for emergency assistance programs; • Library staff temporarily re-assigned to Housing • Non-profit partners are stretched as well • Expanded funding and programs=need for more accounting,contract management,coordination and oversight Here are the Next Steps& Ongoing Work: Next Steps & Ongoing Work Programs& Financing Policy& Planning • Implement/continue/refine emergency • Re-starting key initiatives and ensuring assistance programs and contracted a focus on inclusion in all of our work: programs as described above o Comprehensive housing and • Continue learning from other neighborhood strategy that communities;national best practices; tegrat and the new funding newreality of the local,regional and state partners pandemic o Community for a Lifetime Plan • Respond as appropriate to other o Unsheltered homeless reduction funding/directives/community needs strategy o Working with the Housing Advisory • Develop a comprehensive proposed Board,Planning Department, use of funds based on the above Planning Commission to bring together a unified approach July 21, 2020 25 CITY MANAGER'S BRIEFINGS EMERGENCY HOUSING ASSISTANCE PROGRAMS UPDATE ITEM#70532 (Continued) Here is an update on the Housing Resource Center: Partial Reopening of Day Services Started July 13 • Laundry,showers,housing support and one meal UPDATE ON for unsheltered adults(18 and older) • Limited capacity;first-come,first-served basis Housi• ng • MON,TUES,THURS,FRI:7-11:30 AM and 12:30-3 PM;WED:7-11:30 AM Resource Health Center Open by Appointments: 757-385-2437 • Exams,immunizations,medication assistance,lab Center services,health education,and nutrition counseling for adults and children ` • MON,TUES,THURS,FRI:9 AM-5 PM;WED:9 AM REOPENING Sr MODIFIED OPERATIQNS ' - Noon DETAILS AT VBCOV.COMIHOUSINC ` ir---- -- _ Triage and Screening Closed to Walk-Ins Q IIC " '1 I �' Regional Housing Crisis Hotline:(757)227-5932 MON-FRI,8 AM-7 PM Mayor Dyer expressed his appreciation to Mr. Friedman and Ms. Hill for the presentation. July 21, 2020 26 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 3:43 P.M. Mayor Dyer welcomed Reginia S. Hilliard, Director — Human Resources, Susan Mayo, Chair — Investigative Review Panel and Deputy Police Chief Patrick Gallagher. Ms. Hilliard expressed her appreciation to City Council for their continued support: City of Virginia Beach Investigation Review Panel and Police Internal Affairs Overview 0 REGINA S. HILLIARD DEPARTMENT OF HUMAN RESOURCES PAT GALLAGHER POLICE DEPARTMENT Here is the Purpose of the Investigation Review Panel(IRP): Purpose 0 The Investigation Review Panel has the purpose of ensuring that reports and conclusions of the Police Department's Internal Affairs Office involving abuse of authority or serious misconduct are complete,accurate,and factually supported. July 21, 2020 27 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) Here are the IRP Members: Investigation Review Panel Panel appointed by City Council Nony Abrajano Robert Beasley Barbara Booker-Williams Brian Dewan William Hearst Susan Mayo(Chair) William(Cliff)Rice Here are the four(4) types of Police oversight boards: Citizen Oversight Boards 0 • Type4 Type z: TSPe 3: Auditor Type it Police Complainants investigates the Citizens investigatea peal fmdin s Process d bythe, investigate allegations and a ablished byghe police or sheriff to evel police or sheriffs accept and allegations of d op find'rtPs; department to m � police citizens review citizens,who compiatn atsand misconduct and and recommend review them and reports on the recommend that the police recommend their thoroughness and findings to police chief or sheriff own findings to the fad of the chie{or sheriff approve or reject police chief or process to the findings sheriff department and July 21, 2020 28 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) This flow chart provides How the Process Works: How the Process Works •Citizen submits complaint to Police Citizen submits Department request for review •Police investigates by the IRP •If complaint meets complaint,notifies criteria,hearing is complainant of •HR sends to City scheduled investigative Attorney's Office to .Complete findings,provides check for pending investigative file brochure explaining criminal or civil provided to IRP IRP and provides proceedings Request for Review •If no proceedings •Complainant Form pending,complaint presents concerns Human and summary of to the IRP receives m of Police investigation noti6aition,Fo up sent to IRP with again providing IRP determines if IRP brochure and complaint meets Request for Review criteria for review • There are five (5)possible IRP Hearing Outcomes: IRP Hearing Outcomes C The IRP may: - Concur with findings of the Police investigation - Advise City Manager that findings are not supported by information reasonably available Advise City Manager that investigation is incomplete Conclude complaint is not appropriate for review by the IRP - Recommend to City Manager a revision of a specific Police Department policy or procedure July 21, 2020 29 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) Here are the Key Process Points: Key Process Points 1 The IRP is a review agency,not an investigative agency 2. Cases have the potential to be reviewedbv ill,_ IRP only if requested by the citizen 3. Citizens with pending criminal or civil proceedings must wait to be heard by the IRP 4. Cases that do not meet the threshold for "abuse of authority"or"serious misconduct" are not heard by the IRP Here is a overview of Citizen Requests in 2019 and 2020: Citizen Requests 1 iii Nambercd Pouting Ism Caws Reviewed Nodfalfos (2imieel MWeIB1' d'ilMl�lefir Lefts Chows Farther Berke j 58 2 2 2 0 27 4 1 1 0 July 21, 2020 30 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) The next three(3)slides provide IRP Suggestions for Change: IRP Suggestions for Change 1.Police communicate timeline expectations with complainant 2.Amend IRP policy to hear all complaints without pending proceedings 3.Expand membership to enhance diversity 4. Be proactive—use social media for outreach IRP Suggestions for Change (cont.) 5.Initiate new Police communication to City Manager for cases reviewed by IRP: -Facts of case -Police considerations -Actions based on IRP recommendations -Post actions on IRP website -Include actions in annual report to City Council July 21, 2020 31 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) IRP Suggestions for Change (cont.) 0 6. Change name to Citizen Review Board for clarity 7.The IRP would be appreciative of a City Council liaison Ms. Hilliard turned the presentation over to Ms.Mayo. Ms. Mayo provided background information on the IRP process and introduced IRP Members in attendance;Mrs. Barbara Booker-Williams— Vice Chair,Mr. William Hearst and Mr. Nony Abrajano. Ms.Mayo turned the presentation over to Deputy Chief Gallagher. Internal Affairs Overvit.�cit July 21, 2020 32 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) The Administrative Investigation Field Guide and Rules and Regulations are posted on the City's Website: Office of Internal Affairs • The"Administrative Investigations Field Guide"is the policy that directs department members • The established set of rules and regulations department members must adhere to are located in General Order i.o5,47 department Rules • These documents and more are located on the City's website: o Government/Departments/Police/Policies and Field Guide-. https://www.vbgov.com/government/Departments/police/Pa ges/PoliciesAndFieldGuides.aspx There are several ways to file a complaint: How to File a Complaint In person at any department office to include the Office of Internal Affairs In person with any supervisor Over the phone By mail Via Email(VBPD@VBgov.com) Anonymously Information available on website and department pamphlets Extremely easy to file a complaint July 21, 2020 33 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) Here are the Internal Investigative Timelines: Internal Investigative Timelines • Every effort shall be made to complete each investigation in a period of less than 45-days and adjudicated within 3o-days • A case extension may be granted by the investigator's Division Commander(Deputy Chief)in those cases where extenuating circumstances exist • Timeline Review: Extenuatin<__>rircuinstances may include;c n,plexil, ui case lam her of witnesses,employee extended lea Human Resomn ces/Iegal review or Use of Force Board it The complainant and the accused employee shall be cm and informed of any investigative extension Here is the Office of Internal Affairs(IA) Staffing: Office of Internal Affairs Staffing • (1)Lieutenant • (6)Sergeants • (i)Office Assistant • (5)FOIA Administrative Technicians • Corruption • Brutality • Misuse of force • Breach of Civil rights Criminal misconduct •Other as directed by the Chief of Police July 21, 2020 34 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) Here is an overview of Department Responsibility: Department Responsibility • Document thoroughly,fact-oriented,fair and objective investigations of all complaints against the department or allegationsl of misconduct on the part of department employees • Respond to formal requests under the Freedom of Information Act(FOIA),Subpoena Duces Tecum requests and court orders for documents • Administer the department's Body Worn Camera(BWC) Program • Clearinghouse and final review of all department Use of Force Reports(to include viewing all associated BWC video associated with a UOF) • Clearinghouse for all AED/Narcan/Tourniquet/Lifesaving efforts The next several slides provide the 2019 IA workload: Volume of Workload (2019) FOIA Use of Force Reports • 733 Incidents(each officer completes) Completed if there is any physical resistance offered by citizen or a firearm is pointed at a citizen VBPD is a leader in the area by reporting any amount of force used • BWC Program c� i. July 21, 2020 35 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) In 2019 61 Citizen Complaints against officers/employees Allege employee violated a specific departmental or City rule/police There were 84 Internal Investigations on - officers/employees A command initiates an investigation of an employee who may have violated a specific department or City rule/policy In 2019 67) The department conducted 48 Inquiries o These may be initiated from within or outside the department. Based on the need for additional information to determine possible misconduct e May be initiated by dissatisfied citizens,but there is no specific allegation of a policy or rule violation o Example:employee,off-duty minor traffic violation ora notice of a pending civil lawsuit against an employee or the City The department logged 298 Information Cases Questions,concerns,praise or incidents v,here the iniormation reported does not rise to the level of the previous categories July 21, 2020 36 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) 2019 Cases (Hard Copies Only) ____0____________ — --- '3. 14± Typical Officer Involved Shooting Investigation July 21, 2020 37 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) E A CLOSER LOOK:Accountability in Action ® . I I flizEN(ON I.WIS colt Traffic Stops 69,40o Arrests tR,6cg Eirhd irter ics' 5,637 Calls for.Service ih3,::34 25(1,8(4 Here is the Total Number of Cases (10 Year Snapshot)—Citizen Complaints: Total Number of Cases (io Year Snapshot) Citizen Complaints „x ,03 ,ox 93 83 2000 2010 2011 xo,x 2013 20,4 o,5 29,6 20,7 xo,8 xo,9 July 21, 2020 38 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) Here is the Total Number of Cases (10 Year Snapshot)—Internal Investigations: Total Number of Cases (io Year Snapshot) Internal Investigations „0 Leo IiiilI ' I17Il 86 8a Here is the Total Number of Cases (10 Year Snapshot)—Inquiries: Total Number of Cases (io Year Snapshot) Inquiries 90 70 68 Iii � s980092010 ]Uu1013 I 1018 2019 July 21, 2020 39 CITY MANAGER'S BRIEFINGS POLICE INTERNAL AFFAIRS INVESTIGATIONS AND INVESTITIVE REVIEW PANEL ITEM#70533 (Continued) frTh QUESTIONS? Mayor Dyer expressed his appreciation to Ms. Hilliard,Ms.Mayo and Deputy Chief Gallagher. July 21, 2020 40 CITY COUNCIL DISCUSSION CARES ACT FUNDING ITEM#70534 4:51 P.M. Mayor Dyer opened the discussion and welcomed Taylor Adams, Director— Economic Development to provide an update. Mr. Adams advised his team developed a draft procedure using the key points taken from the July 14th City Council Meeting, which included; limiting small business grants to $25,000, using a lottery system to award grants and developing a simplified application process. Mr. Adams advised he presented the Development Authority the draft procedure at their meeting earlier today and will have a final procedure presented to the Development Authority for approval at their next meeting. Council Member Moss clarified there will be one (1) central account and database used for funding and the collection of receipts to meet auditing requirements and expressed his appreciation to Mr. Adams for capturing the sediments of the body to create a formal procedure. Vice Mayor Wood advised he learned the City of Norfolk is providing hazard pay to employees responding to COVID-19 cases using the CARES Act Funding and met with Deputy City Manager David Bradley to create a similar pay chart with the costs for paying front line responders and supervisors hazard pay, attached hereto and made a part of the record. Vice Mayor Wood requested Council Members consider providing hazard pay for the City's first responders who are not only responding to the pandemic, but also to civil unrest incidents where they are exposed to an increased risk. Vice Mayor Wood advised the majority of COVID-19 patients are transported by EMS volunteers with approximately 130 of them testing positive since March. Vice Mayor Wood advised volunteers cannot be given hazard pay but he would like to find a way to recognize them. Mayor Dyer requested Mr.Bradley research the CARES Act Funding requirements and determine if hazard pay for first responders is possible. Council Member Moss advised Human Services employees who are exposed should also be considered. Council Member Wilson asked if the$10-Million reserved is for this type offunding? Alice Kelly, Director — Finance, confirmed the $10-Million reserve and advised $29-Million was appropriated in June and included a hazardous pay category with an estimated amount. Since June, there has been more guidance on eligibility requirements which includes salaries. Vice Mayor Wood asked what is required to use the reserve funding? Mr. Bradley advised City Council will need to adopt an Ordinance. Council Member Moss advised he would like people to understand that when "Economic Support"funding is discussed,people need to understand the funding includes funding for small businesses and residents. Mayor Dyer closed the discussion. July 21, 2020 41 CITY COUNCIL COMMENTS ITEM#70535 5:06 P.M. Council Member Moss advised he received a memo about the Lynnhaven Basin and Eco System and was unsure if it was related to the Lynnhaven Restoration project. Council Member Moss wants to ensure City Council is provided a better understanding of the Lynnhaven Restoration project before anything relative is brought to City Council for consideration. Council Member Wilson advised she exchanged emails with Deputy City Manager Kenneth Chandler who will plan a meeting with members of the community to gain an understanding of their concerns relating to the project and he will get back with her. Mr.Leahy advised the project belongs to the Army Corps of Engineers and has been in the budget for more than a decade with several public hearings already held. Mr. Leahy advised approximately two (2)years ago the City entered into an agreement with the Army Corps of Engineers to provide a right-of-way and the project is underway at this time. On August 4th, City Council will be briefed on the project by City staff and the Army Corps of Engineers representatives. July 21, 2020 Hazard Pay Hazard Pay FICA/ Departmental Position Filled Amount Total Medicare Total Vacant Total Police Police Recruit 46 2,000 92,000 7,038 99,038 7 Police Officer I 168 2,000 336,000 25,704 361,704 0 Police Officer II 92 2,000 184,000 14,076 198,076 0 Master Police Officer 354 2,000 708,000 54,162 762,162 9 Sergeant 94 2,000 188,000 14,382 202,382,, 1 Lieutenant 26 1,000 26,000 1,989 27,989 0 Police Captain 12 - - - - 0 Police Deputy Chief 3 - - - 0 Chief 0 - - - - 1 1,651,351 Fire Department Firefighter Recruit 1 2,000 2,000 153 2,153 3 Firefighter 118 2,000 236,000 18,054 254,054 0 Firefighter Medic 16 2,000 32,000 2,448 34,448 0 Master Firefighter 157 2,000 314,000 24,021 338,021 0 Master Firefighter Medic 55 2,000 110,000 8,415 118,415 2 Fire Captain 102 2,000 204,000 15,606 219,606 0 Batalion Chief 25 1,000 25,000 1,913 26,913 0 District Chief 6 - - - - 0 Deputy Chief 2 - - - - 0 Chief 1 - - - 0 993,610 Emergency Medical Services Paramedic 30 2,000 60,000 4,590 64,590 0 Senior Paramedic 16 2,000 32,000 2,448 34,448 0 EMS Captain 11 2,000; 22,000 1,683 23,683 0 EMS Brigade Officer 6 1,000 6,000 459 6,459 0 EMS Division Officer 4 - - - - 0 EMS Deputy Chief 2 - - - - 0 Chief 1 - - - - 0 129,180 Sheriff's Office Deputy Recruit 32 2,000 64,000 4,896 68,896 23 Deputy I 122 2,000 244,000 18,666 262,666 6 Deputy II 35 2,000 70,000 5,355 75,355 1 Master Deputy 123 2,000 246,000 18,819 264,819 16 Corporal 35 2,000 70,000 5,355 75,355 1 Sergeant 43 2,000 86,000 6,579 92,579 2 Lieutenant 12 1,000 12,000 918 12,918 2 Captain 8 - - - - 0 Chief Deputy 3 - - - - 0 sheriff 1 - - - - 0 852,588 Grand Total Public Safety 3,626,729 Human Services Positions Interacting w/Pul 554 1,500 831,000 63,572 894,572 42 CITY COUNCIL COMMENTS ITEM#70536 (Continued) Council Member Moss referenced the Lynnhaven Municipal Marina Public Hearing on July 14`h, and advised during the next budget process, to calculate the depreciation and operation costs of the Marina to ensure the City is recovering the full cost. July 21, 2020 43 AGENDA REVIEW SESSION ITEM#70537 5:00 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: G. ORDINANCES 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five(5)years with Virginia Museum of Contemporary Art(MOCA)for City-Owned property at 2200 Parks Avenue 2. Ordinances to AMEND City Code Sections: a. 5-501 re increased length and weigh limit of a tether for dogs b. 17-5, 23-31, and 23-32 re increase value threshold for petit larceny c. 38-1 re terminology for concealed weapons (replace "slingshot"with "sling bow", and correct a typographical error) 3. Ordinance to AMEND City Code Chapter 23 re illicit sexual activity July 21, 2020 44 AGENDA REVIEW SESSION ITEM#70537 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: H. PLANNING 1. MELISSA & PAUL VENABLE, KEVIN & ELIZABETH BA UM/ WILLIAM WARNOCK for a Change of Nonconformity re expand second story and add a new roof to an existing duplex at 213 & 215A 691"Street DISTRICT 4—LYNNHAVEN 2. CHURCH OF THE ASCENSION/ THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story administrative office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE 3. VOGUE LASHES& SPA/LASKIN ROAD,LLCfor a Conditional Use Permit re tattoo parlor at 933 Laskin Road DISTRICT 6—BEACH 4. INKCREDIBLE TATTOO,LLC/DAM NECK CROSSING,LLCfor a Conditional Use Permit re tattoo parlor at 1630 General Booth Boulevard, Suite 112 DISTRICT 7 — PRINCESS ANNE 5. EMMANUEL B.PLATON/METRO HOLDINGS,LLCfor a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—BAYSIDE 6. RYCHAE LYNEA REED/ JOAQUIN V. CASTRO for a Conditional Use Permit re family day-care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE 7. LORNA C. DONATONE, QPRT/SCOTT& KATHERINE MORIN for a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron Road DISTRICT 5 — LYNNHAVEN 8. LINDA M.ADDISONfor a Conditional Use Permit re home-based wildlife rehabilitation at 1717 Dancers Court DISTRICT 1 —CENTERVILLE 9. CITY OF VIRGINIA BEACH— Ordinance to AMEND Section 201 of the City Zoning Ordinance(CZO) re setbacks for inground pools adjacent to the Atlantic Ocean REQUEST FOR INDEFINITE DEFERRAL H. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY Mayor Dyer ADJOURNED the Workshop at 5:12 P.M. July 21, 2020 45 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUL Y 21, 2020 6:00 P.M. Mayor Dyer called to order the SPECIAL MEETING of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, Thursday,July 21, 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 July 21, 2020 46 CALL TO ORDER ITEM#70538 Mayor Dyer read the Mayor's Call for the SPECIAL MEETING: July 16, 2020 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL MEETING of the VIRGINIA BEACH CITY COUNCIL Tuesday,July 21,2020 6:00 P.M. City Council Chamber Building 1, City Hall,2"d Floor 2401 Courthouse Drive This SPECIAL FORMAL SESSION will follow the regularly scheduled City Council Workshop, which starts at 2:00 P.M. The purpose of this SPECIAL FORMAL SESSION is for the City Council to consider the items listed on the published Agenda. Additionally, the City Council will introduce the new City Manager Patrick A. Duhaney, and recognize the retiring Acting City Manager Thomas Leahy. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. Be advised that there is limited seating available in the City Council Chamber to ensure social distancing, as recommended by the CDC. If you wish to make comments virtually on a public hearing or planning item,please follow the two-step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e8ad9fd64f27eaf2fafedac53206fcd27 •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes(avbgov.com prior to 5:30 p.m. on July 21, 2020 This Special Formal Session will be broadcast on cable tv, www.vbgov.com and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Meeting via email at CitvCouncil(a,vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office July 21, 2020 0.1.11.A•BFAc J�4 iL city of Virginia Bach FS 0E °f OUR NA11(514 VBgov.cotn ROBERT M.'BOBBY'DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA234569000 (757)3854581 FAX(757)3855899 July 16, 2020 BDrERoveGov.coLR HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL FORMAL SESSION MEETING of the VIRGINIA BEACH CITY COUNCIL Tuesday,July 21, 2020 6:00 P.M. City Council Chamber Building 1, City Hall, 2"d Floor 2401 Courthouse Drive This SPECIAL FORMAL SESSION will follow the regularly scheduled City Council Workshop, which starts at 2:00 P.M The purpose of this SPECIAL FORMAL SESSION is for the City Council to consider the items listed on the published Agenda.Additionally,the City Council will introduce the new City Manager Patrick A.Duhaney,and recognize the retiring Acting City Manager Thomas Leahy. Citizens may comment either in person or virtually. If you would like to speak in person,please call the City Clerk's office at 757-385-4303 to sign up. Be advised that there is limited seating available in the City Council Chamber to ensure social distancing, as recommended by the CDC. If you wish to make comments virtually on a public hearing or planning item,please follow the two-step process provided below: •Register for the WebEx at: lill,. 1'I��ui'.i�'�'hi.A.i oil/ •Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnes@,vbgov.corn prior to 5:30 p.m. on July 21, 2020 This Special Formal Session will be broadcast on cable tv, www.vbgov.corn and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Meeting via email at CityCouncil@vbgov.com. Sincerely, Robert M.Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 47 ITEM— V.0 MINUTES ITEM#70539 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSION of July 14,2020 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 July 21, 2020 48 ADD ON RESOLUTION ITEM#70540 Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council ADDED Resolution to name the Lake Gaston Pump Station at 210 Beddingfield Way, Valentines, Virginia, "The Thomas M. Leahy Municipal Pump Station", and moved for immediate ADOPTION 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 July 21, 2020 49 ADD ON RESOLUTION ITEM#70541 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council ADOPTED Resolution to name the Lake Gaston Pump Station at 210 Beddineld Way, Valentines, Virginia, "The Thomas M. Leahy Municipal Pump Station" 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 July 21, 2020 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION NAMING THE LAKE GASTON 2 PUMP STATION AS "THE THOMAS M. LEAHY 3 MUNICIPAL PUMP STATION" 4 5 WHEREAS, Acting City Manager Thomas M. Leahy moved to Virginia Beach in 6 1966, graduated from Kellam High School, and earned a Bachelor's and a Master's 7 degree in Chemical Engineering from the University of Virginia and a Master's of Public 8 Administration from Old Dominion University; 9 10 WHEREAS, prior to joining the City in 1980, Tom worked as a private-sector 11 engineer in the research and development of reverse osmosis desalting membranes and 12 the purification of water for the electronics industry, and he has more than four decades 13 of experience in the public water and wastewater industry; 14 15 WHEREAS, Tom initially served as the City's Water Resources Manager, and he 16 was Project Manager for the $150 million 76-mile pipeline project to transfer up to 60 17 million gallons of water per day from Lake Gaston; 18 19 WHEREAS, prior to the Lake Gaston project, the City had no reliable water supply 20 and frequently restricted water use, causing the City Council to declare a moratorium on 21 the building of most new homes and businesses; 22 23 WHEREAS, the project took 15 years and was the subject of multiple lawsuits and 24 challenges, but through it all, Tom's expertise, tireless work, and tenacity enabled the City 25 to persevere and succeed; 26 27 WHEREAS, the pipeline allowed the moratorium to be lifted, resulting in more than 28 14,000 new homes and businesses being connected to the City's water system and 29 enabling the development of Town Center and the construction of larger upscale hotels 30 at the Oceanfront; 31 32 WHEREAS, the Lake Gaston pipeline is considered by many to be the City's 33 biggest, most ambitious, and most significant accomplishment in its more than fifty-year 34 history; 35 36 WHEREAS, during his 40-plus-year tenure with the City, Tom has served as the 37 City's Director of Public Utilities and later as Deputy City Manager, overseeing the 38 departments of Public Works, Public Utilities, Communications and Information 39 Technology, Management Services, and Finance; 40 41 WHEREAS, the City Council appointed Tom as Acting City Manager in September 42 2019, and he ably has led the City since then, including during the current COVID-19 43 pandemic; 44 45 WHEREAS, the City-owned Lake Gaston pump station is located on a tributary 46 called Pea Hall Creek in Brunswick County, and it is an attractive building, often mistaken 47 from the outside as being a large home, with two chimneys and landscaping; and 48 49 WHEREAS, it is the sense of the City Council that naming the pump station for Mr. 50 Leahy would be a fitting tribute and acknowledgment of all of his impressive and important 51 contributions to our City and the safety and economic vitality of its residents and 52 businesses; 53 54 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 57 1. That the pump station located at 210 Beddingfield Way, Valentines, Virginia, is 58 hereby named, and shall henceforth be known as, "The Thomas M. Leahy Municipal 59 Pump Station;" and 60 61 2. That the new City Manager shall cause appropriate signage to be installed at 62 the site in conformance with the county zoning ordinance or signage regulations. 63 64 Adopted by the City Council of the City of Virginia Beach, Virginia, this 21 s t day 65 of July , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ire CA15105 R-3 June 29, 2020 50 ADD ON MAYOR'S PRESENTATION ITEM#70542 RESOLUTION IN RECOGNITION OF THOMAS M. LEAHY Vice Mayor Wood, on behalf of Mayor Dyer and City Council, welcomed Mr. Leahy and presented him with a Resolution upon his retirement from the City to recognize his forty(40)years of service. Mr. Leahy served as Director of Public Utilities and Deputy City Manager before stepping up as Acting City Manager to oversee the Departments of Public Works, Public Utilities, Information Technology, Budget & Management Services and Finance. Throughout his career, Mr. Leahy has been awarded and recognized for his leadership, dedication and engineering knowledge. Most notably, as the Water Resource Manager and Project Manager for the fifteen (15)year Lake Gaston Project. Vice Mayor Wood expressed City Council's sincere appreciation for his outstanding contributions to the City and congratulated him on his retirement from government service. Council Member Abbott, on behalf of City Council,presented Mr. Leahy with a plaque engraved with a topographical map of Lake Gaston and expressed her appreciation. Mayor Dyer presented Mr.Leahy with the City's 40 years of service pin and expressed his appreciation on behalf of 7,500 employees for his leadership and contribution to making the City regarded as the third best run City in the Nation. Mayor Dyer credited Mr. Leahy for helping to make the City the best place to live and making "VB Strong". Mr. Leahy recognized and expressed his appreciation to his wife, Pam Leahy,for her support throughout his career. Mr. Leahy expressed his appreciation City Council and to all of the employees he has worked with for their loyalty, dedication and willingness to rise to any challenge or emergency. It has been a privilege to know they are out and keeping the City running, keeping the public safe. Mr. Leahy advised during the challenge of completing the Lake Gaston Project, there were seven (7) election cycles and commended Council Members for continuously supporting the project to the end. Mr. Leahy advised that support helped him get through that period and encouraged City Council to show that same unity to overcome the next challenges offlood control, COVID-19 and the social issues. Mr.Leahy again expressed his appreciation and advised he and his wife will remain in the, "greatest City". July 21, 2020 • r Ii' s • RESOLUTION WHEREAS; Thomas M. Leahy was named Acting City Manager in 2019 and previously lead as Deputy City Manager and Director of Public Utilities,serving the City of Virginia Beach since 1980; WHEREAS:He earned a Master of Public Administration from Old Dominion University and both a Bachelor and Master of Science in Chemical Engineering bum the University of Virginia; WHEREAS:He is a licensed Professional Engineer,as well as a member of the National Society of Professional Engineers, American Desalting Association (former Treasurer and Vice-President), and the Association of Metropolitan Water Agencies where he served as their representative on two Federal Advisory Committees: The National Water Quality Monitoring Council and the Advisory Committee on Water Information; vigiEREAS:As Acting City Manager,Torn sd/lesaly stepped in to lead the City through unp.s.sMrted challenges, WHEREAS: As Deputy City Manager, Tom oversaw the Departments of Public Works, Public Utilities, Information Technology,Budget&Management Services and Finance; �• S:As Director of Public Utilities, Tom oversaw over 400 employees,providing water supply and sanitary sewer collection service..for 4.50,000 people WHEREAS: He served as the Water Resource' Manager and Project Manager for the Lake Gaston Ptojecs overseeing all phases of the 15-year$150-Million project for the 76-mile pipeline WHEREAS:For his work on the Lake Gaston Pipeline, Tom earned the City Manager's Award in 1989 and 1998; WHEREAS:He was awarded for his dedication to the City through an Employee Hall of Fame induction in 2009; WHEREAS:He has been recognized in numerous publications including Journal of the American Water Works Association, American City and County, and U.S Department of the Interior, Office of Water Research and Technology; WHEREAS:Throughout his career,Tom contributed to academia by presenting at conferences on desalination; WHEREAS: Under Tomk leadership, Public Utilities and City infrastructure has had tremendous growth and developments; WHEREAS:His work and accomplishments will continue to progress and have a lasting impact on the Crtr, WHEREAS:On this day,we honor a man who deserves our deepest gratitude,respect and friendship for all that he has done for each of us and for the City of Virginia Beach. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to THOMAS M.LEAHY for his outstanding contributions to our City and extends its congratulations on the occasion of his retirement from government service Given under our hands this 21st day of July,202061.11C-CI cowed/94 junta qt"Mott Councilatea6er94ie5aefT.iterfou rkf C an6erelar6are Counn794eu6er th 9Q Tents 44j1j-k - 94eItt6er Jokrt, 9Nou .Wern6er)laion Q,*ma co., dedill" -"Sid A* /) 'Wearier try 7(,Tower Council*em6er %Zen Countrt94esteerSabrina cD.Wooten lassie L Woo‘ 9'.1 :tYyr 24-644Y.C:Yer 51 ITEM— V.D PUBLIC COMMENT ITEM#70543 Mayor Dyer DECLARED a PUBLIC COMMENT: REFERENDUM re DISTRICT-BASED VOTING FOR SEVEN(7) CITY COUNCIL DISTRICT REPRESENTATIVES The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, did not respond Ann Crenshaw, 2102 Parks Avenue#700, Phone: 491-4044, spoke in OPPOSITION Martha McClees, 2801 Einstein Drive, Phone: 705-3730, spoke in OPPOSITION Bob Pizzini, (Chair-Hampton Roads Chamber of Commerce)500 East Main Street#700,Norfolk, phone: 333-4940, spoke in OPPOSITION Bill Dale, 733 Pinebrook Drive, Phone: 748-0821, spoke in OPPOSITION Katherine Schoonover, 1105 Whitestone Way, Phone: 202-236-5486, spoke in OPPOSITION Samuel Small, 1221 Orkney Drive, Phone: 705-9957, spoke in SUPPORT Rabbi Israel Zoberman, 905 Brookbury Court, Phone: 617-0334, did not respond Ralph Parham, 4532 Shallowford Circle, Phone: 319-0970, spoke in OPPOSITION Virginia Wasserberg, 4412 Sanibel Circle#401, Phone: 252-339-6214, spoke in SUPPORT Ginger Capps, 31616`h Street, Phone 286-0868, spoke in OPPOSITION Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, commented the current system is a "hybrid"system and should be corrected. Sean Monteiro, 3817 Stumpy Lake Lane, Phone: 808-469-2700, spoke in SUPPORT Stacey Shiflet, 1417 Rutland Drive, spoke in OPPOSITION Mary Glass, 1736 Meredity Road, Phone: 460-8425, did not respond Stephen Johnston, 2316 Enchanted Forrest, Phone: 468-1474, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT July 21, 2020 52 ITEM— V.E PUBLIC HEARING ITEM#70544 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCLUSIVE FRANCHISE Kitty Hawk Wind, LLC The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Stephen Romine, Attorney for Applicant, 222 Central Park Avenue#1700, Phone: 473-5301, spoke in SUPPORT There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING July 21, 2020 53 ITEM— V.F FORMAL SESSION AGENDA ITEM#70545 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 speakers: Barbara Messner, P. O. Box 514, spoke in OPPOSITION to Agenda Items Ordinances G: 1, 2a/b/c and 3 Jay Boone, spoke in OPPOSITION to Planning Items H: 6, 7, 8, and 9 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, BY CONSENT,Agenda Items Ordinances G: 1,2a/b/c and 3 and Planning Items H: 6, 7, 8, and 9 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. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY July 21, 2020 54 ITEM— V.G.1 ORDINANCES ITEM#70546 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five(5)years with Virginia Museum of Contemporary Art(MOCA)for City-Owned property at 2200 Parks Avenue 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 July 21, 2020 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE YEARS WITH VIRGINIA MUSEUM OF 4 CONTEMPORARY ART ("MOCA") FOR CITY- 5 OWNED PROPERTY LOCATED AT 2200 6 PARKS AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9.617 acres of 9 land and a 38,000 square foot building located at 2200 Parks Avenue (GPIN: 2417-88- 10 0355) (collectively, the "Premises"); 11 12 WHEREAS, the Virginia Museum of Contemporary Art ("MOCA") has leased the 13 Premises from the City since 1986 for the operation of its art museum; 14 15 WHEREAS, MOCA desires to renew its lease agreement with the City for the 16 Premises; and 17 18 WHEREAS, the City staff has determined that continuing to lease the Premises 19 to MOCA will benefit the community by providing a cultural experience to both residents 20 and tourists. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a lease 26 for up to five years between the Virginia Museum of Contemporary Art and the City of 27 Virginia Beach for the Premises, in accordance with the Summary of Terms attached 28 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 29 modifications as may be acceptable to the City Manager and in a form deemed 30 satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of 33 July , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C14,44/...‘ /\ •-e IAA 0), att-1-14W Public Works gement City Attorney CA14869 \\vbgov.comldfr 1\applications\citylaw\cycom32\wpdocs\d0251p032\00647273.docx R-1 June 29, 2020 EXHIBIT A SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Museum of Contemporary Art ("MOCA") PREMISES: Approximately 9.617 acres of City-owned property located at 2200 Parks Avenue (GPIN: 2417-88-0355), which includes a 38,000 square foot facility, known as Virginia Museum of Contemporary Art TERM: May 1 , 2020 through April 30, 2025 RENT: One Dollar ($1 .00) Per Year RIGHTS AND RESPONSIBILITIES OF THE MOCA: • Use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach, and for no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1 ,000 hours per year. • Maintain a sign during the term of the Lease, which shall give recognition to the City as a principal in the ownership and establishment of the Premises. • Maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. 1 • Pay all taxes assessed and due on the Premises, should the current exemption cease to apply to Lessee. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Provide payment for all water, sewer, and stormwater utility costs and fees. • City may access the Premises at reasonable times, during normal business hours, for the purpose of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. TERMINATION: In the event of a default by the Lessee, Lessee has 45 days after written notification from the City in which to cure the default. If not cured, the City may terminate the Lease. 55 ITEM— V.G.2a ORDINANCES ITEM#70547 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: a. 5-501 re increased length and weigh limit of a tether for dogs 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 July 21, 2020 1 AN ORDINANCE TO AMEND SECTION 5-501 2 OF THE CITY CODE PERTAINING TO 3 TETHERING DOGS 4 5 SECTION AMENDED: § 5-501 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 5-501 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 5-501. -Adequate space for animals; time restriction on tethering dogs. 13 (a) It shall be unlawful to fail to provide any animal with adequate space. 14 "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, 15 lie, turn about, and make all other normal body movements in a comfortable, normal 16 position for the animal and (ii) interact safely with other animals in the enclosure. 17 18 (b) When a dog is tethered, "adequate space" means a tether that permits 19 the above actions and is appropriate to the age and size of the dog. The tether must 20 be attached to the dog by a properly applied collar, halter, or harness configured so as 21 to protect the dog from injury and prevent the dog or the tether from becoming 22 entangled with other objects or dogs, or from extending over an object or edge that 23 could result in the strangulation or injury of the dog. Furthermore, the tether must be at 24 least fifteen (15) feet in length, or three (3) four (4) times the length of the dog, as 25 measured from the tip of its nose to the base of its tail, whichever is greater, except 26 when the dog is being walked on a leash or is attached by a tether to a lead line or 27 when an animal control officer, having inspected an animal's individual circumstances, 28 has determined that in such an individual case, a tether of at least ten (10) feet or three 29 (3) times the length of the animal, but shorter than fifteen (15) feet or four (4) times the 30 length of the animal, makes the animal more safe, more suited, and better equipped to 31 tolerate its environment than a longer tether. The tether shall not, by its material, size, 32 or weight or any other characteristic, cause injury or pain to the animal; shall not weigh 33 more than one-tenth of the animal's body weight; and shall not have weights or other 34 heavy obiects attached to it. The walking of an animal on a leash by its owner shall not 35 constitute the tethering of the animal for the purpose of this definition. When freedom 36 of movement would endanger the dog, temporarily and appropriately restricting 37 movement of the dog according to professionally accepted standards is considered to 38 be provision of adequate space. 39 40 (c) It shall be unlawful for any dog to be tethered for more than one (1) hour, 41 cumulatively in any twenty-four-hour period. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st day of July , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (j46-Ki Police Department City Attor y's Office CA15111 R-1 July 7, 2020 56 ITEM— V.G.2b ORDINANCES ITEM#70548 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: b. 17-5, 23-31, and 23-32 re increase value threshold for petit larceny 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 July 21, 2020 1 AN ORDINANCE TO AMEND SECTIONS 17-5, 23-31 2 AND 23-32 OF THE CITY CODE PERTAINING TO 3 PETIT LARCENY 4 5 Sections Amended: §§ 17-5, 23-31 and 23-32 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 17-5, 23-31 and 23-32 are hereby amended to the Code of the City 11 of Virginia Beach, Virginia to read as follows: 12 13 Sec. 17-5. - Concealment of book or other property while on premises of library; 14 removal of book or other property from library. 15 Whoever, without authority, with the intention of converting to his own or another's 16 use, willfully conceals a book or other property valued at less than five hundred dollars 17 {$500.00)one thousand dollars ($1,000.00) from any public library or any of its branches, 18 mobile units or collections, while still on the premises of such library or facility, or willfully 19 or without authority removes any book or other property valued at less than five hundred 20 dollars ($500.00) one thousand dollars ($1,000.00) from any of the above libraries, 21 facilities, or collections, shall be deemed guilty of petit larceny, which is punishable as set 22 forth in City Code section 23-31. Proof of the willful concealment of such book or other 23 library property while still on the premises of such library or facility shall be prima facie 24 evidence of intent to commit larceny. 25 . . . . 26 Sec. 23-31. - Petit larceny. 27 (a) Any person who: 28 (1) Commits larceny from the person of another of money or other thing of value of 29 less than five dollars ($5.00), or 30 (2) Commits simple larceny not from the person of another of goods and chattels of 31 the value of less than d dollars ($500.00) one thousand dollars 32 ($1,000.00), shall be deemed guilty of petit larceny, which shall be punishable as 33 a Class 1 misdemeanor. Upon a second conviction of petit larceny, the court shall 34 order participation in a local alcohol safety action program or substance abuse 35 screening in accordance with the provisions of section 19.2-299.2 of the Code of 36 Virginia. 37 (b) Any person convicted of an offense under this section, when it is alleged in the 38 warrant or information on which such person is convicted, and admitted, or found by 39 the jury or judge before whom such person is tried, that such person has been before 40 sentenced in the United States for any offense deemed to be larceny by the law of 41 the sentencing jurisdiction, shall be confined in jail not less than thirty (30) days nor 42 more than twelve (12) months. 43 Sec. 23-32. - Shoplifting. 44 (a) Whoever, without authority, with the intention of converting goods or merchandise to 45 his own or another's use without having paid the full purchase price thereof, or of 46 defrauding the owner of the value of the goods or merchandise: 47 (1) Willfully conceals or takes possession of the goods or merchandise of any store 48 or other mercantile establishment, or 49 (2) Alters the price tag or other price marking on such goods or merchandise, or 50 transfers the goods from one container to another, or 51 (3) Counsels, assists, aids or abets another in the performance of any of the above 52 acts, shall be deemed guilty of larceny and, upon conviction thereof, shall be 53 punished as hereinafter provided. The willful concealment of goods or 54 merchandise of any store or other mercantile establishment, while still on the 55 premises thereof, shall be prima facie evidence of an intent to convert and 56 defraud the owner thereof out of the value of the goods or merchandise. 57 (b) Any person convicted for the first time of an offense under this section, when the 58 value of the goods or merchandise involved in the offense is less than five hundred 59 dollars ($500.00) one thousand dollars ($1,000.00), shall be punished as for a Class 60 1 misdemeanor. 61 (c) Any person convicted of an offense under this section, when the value of the goods 62 or merchandise involved in the offense is less than five hundred dollars ($500.00) 63 one thousand dollars ($1,000.00), and it is alleged in the warrant or information on 64 which such person is convicted, and admitted, or found by the jury or judge before 65 whom such person is tried, that such person has been before convicted in the 66 Commonwealth of Virginia for a like offense, regardless of the value of the goods or 67 merchandise involved in the prior conviction, or for a violation of section 18.2-95 or 68 section 18.2-96 of the Code of Virginia or section 23-31 of this Code, shall be confined 69 in jail not less than thirty (30) days nor more than twelve (12) months. 70 (d) Any person who has been convicted of violating the provisions of this section shall 71 be civilly liable to the owner for the retail value of any goods and merchandise illegally 72 converted and not recovered by the owner, and for all costs incurred in prosecuting 73 such person under the provisions of this section. Such costs shall be limited to actual 74 expenses, including the base wage of one employee acting as a witness for the 75 prosecution, and suit costs. The total amount of allowable costs granted hereunder 76 shall not exceed two hundred fifty dollars ($250.00), excluding the retail value of the 77 goods and merchandise. 78 (e) A merchant, agent or employee of the merchant, who causes the arrest of any 79 person pursuant to the provisions of this section shall not be held civilly liable for 80 unlawful detention, if such detention does not exceed one hour, slander, malicious 81 prosecution, false imprisonment, false arrest or assault and battery of the person so 82 arrested, whether such arrest takes place on the premises of the merchant or after 83 close pursuit from such premises by such merchant, or the merchant's agent or 84 employee; provided that, in causing the arrest of such person, the merchant, agent 85 or employee of the merchant, had, at the time of such arrest, probable cause to 86 believe that the person had shoplifted or committed willful concealment of goods or 87 merchandise. For the purposes of this subsection, "agents of the merchant" shall 88 include attendants at any parking lot owned or leased by the merchant, or generally 89 used by customers of the merchant through any contract or agreement between the 90 owner of the parking lot and the merchant. 91 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day of July , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /\ ,,„„„ Police Department City Aft rney's Office CA15112 R-1 July 7, 2020 57 ITEM— V.G.2c ORDINANCES ITEM#70549 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: c. 38-1 re terminology for concealed weapons (replace "slingshot"with "sling bow", and correct a typographical error) 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 July 21, 2020 1 AN ORDINANCE TO AMEND SECTION 38-1 2 OF THE CITY CODE PERTAINING TO 3 CARRYING CONCEALED WEAPONS 4 5 SECTION AMENDED: § 38-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 38-1 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 38-1. - Carrying concealed weapons. 14 15 (a) If any person carries about his person, hidden from common observation, (i) any 16 pistol, revolver, or other weapon designed or intended to propel a missile of any kind 17 by action of an explosion of any combustible material, (ii) any dirk, bowie knife, 18 switchblade knife, ballistic knife, machete, razor, slingshot sling bow, spring stick, 19 metal knucks, or blackjack, (iii) any flailing instrument consisting of two (2) or more 20 rigid parts connected in such a manner as to allow them to swing freely, which 21 instrument may also be known as a nunchuck, nunchanka, nunchalcu nun chahka, 22 nun chuck, nunchaku, shuriken or fighting chain, (iv) any disc, of whatever 23 configuration, having at least two (2) points or pointed blades which is designed to be 24 thrown or propelled and which may be known as a throwing star or oriental dart, or 25 (v) any weapon of like kind as those enumerated in this section, he shall be guilty of 26 a Class 1 misdemeanor, and such weapon shall be forfeited to the city and may be 27 seized by an officer as forfeited, and such as may be needed for police officers and 28 conservators of the peace shall be devoted to that purpose, and the remainder shall 29 be destroyed by the officer having them in charge. For the purposes of this section, 30 a weapon shall be deemed to be hidden from common observation when it is 31 observable but is of such deceptive appearance as to disguise the weapon's true 32 nature. 33 (b) This section shall not apply to (i) any person carrying a concealed weapon in accord 34 with permission granted by a circuit court pursuant to section 18.2-308 of the Code 35 of Virginia; or (ii) any person otherwise authorized to carry a concealed weapon 36 pursuant to section 18.2-308 of the Code of Virginia. 37 (c) As used in this section: 38 (1) Spring stick means a spring-loaded metal stick activated by pushing a button 39 which rapidly and forcefully telescopes the weapon several times its original 40 length. 41 (2) Ballistic knife means any knife with a detachable blade that is propelled by a 42 spring-operated mechanism. 43 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21st day of July , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Depia ment City A rney's O ice Ifif— CA15110 R-1 July 6, 2020 58 ITEM— V.G.3 ORDINANCES ITEM#70550 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Chapter 23 re illicit sexual activity 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 July 21, 2020 1 AN ORDINANCE TO AMEND CHAPTER 23 OF 2 THE CITY CODE PERTAINING TO ILLICIT 3 SEXUAL ACTIVITY 4 5 SECTIONS AMENDED: §§ 23-23, -24, -26, -28 6 and -30.1 7 8 SECTIONS REPEALED: §§ 23-25 and -26.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Sections 23-25 and -26.1 of the Code of the City of Virginia Beach, Virginia 14 are hereby repealed, and sections 23-23, -24, -26, -28 and -30.1, are hereby amended 15 and ordained to read as follows: 16 17 Sec. 23-23. -Adultery generally. 18 19 (a) Any person, being married, who voluntarily shall have sexual intercourse with any 20 person not his or her spouse shall be deemed guilty of adultery. 21 22 (b) , 23 24 25 (G.) If any person commits adultery or fornication, such person shall be guilty of a Class 26 4 misdemeanor. 27 28 Sec. 23-24. — Sexual intercourse by persons forbidden to 29 marry. 30 31 If any person engages in sexual intercourse with any 32 person whom he or she is forbidden by law to marry, such person shall be guilty of a 33 Class 1 misdemeanor; provided, however, that this section shall not be construed to apply 34 to a person who engages in sexual intercourse with his 35 daughter or granddaughter, or with her son or grandson or with her father or his mother. 36 37 , 38 39 , 40 , 41 , 42 43 44 45 Sec. 23-26. - Prostitution generally. 46 47 (a) Any person who, for money or its equivalent, commits or performs adultery, 48 any act in violation of Code of Virginia sections 18.2-361; or 49 18.2-346, or ii offers to commit or perform any act 50 in violation of Code of Virginia sections 18.2-361; or 18.2-346. and thereafter does any 51 substantial act in furtherance thereof, shall be guilty of being a prostitute, or of prostitution, 52 which shall be a Class 1 misdemeanor. 53 54 (b) Any person who offers money or its equivalent to another for the purpose of 55 committing or performing any sexual act as enumerated above and thereafter does any 56 substantial act in furtherance thereof shall be guilty of solicitation of prostitution and shall 57 be guilty of a Class 1 misdemeanor. 58 59 " 60 61 62 ; 63 64 > 65 66 67 misdemeanor. 68 69 Sec. 23-28. — Aiding prostitution of illicit sexual intercourse. 70 71 (a) It shall be unlawful for any person or any officer, employee. or agent of any firm, 72 association. or corporation, with knowledge of or good reason to believe the immoral 73 purpose of such visit, to take or transport or assist in taking or transporting, or offer to 74 take or transport, on foot or in any way, any person to a place, whether within or without 75 any building or structure, used or to be used for the purpose of lewdness, assignation or 76 prostitution within this city; or to procure or assist in procuring for the purpose of illicit 77 sexual intercourse, or any act in violation of Code of Virginia sections 18.2-361 or 18.2- 78 348, or to give any information or direction to any person with intent to enable such 79 person to commit an act of prostitution. 80 81 (b) A violation of this section shall constitute a Class 1 misdemeanor. 82 83 Sec. 23-30.1. — Live exhibitions or performances. 84 85 (a) For purposes of this section, the following words and phrases shall be construed as 86 follows: 87 88 Business establishment shall be deemed to include the real property of a business, 89 as well as all appurtenances thereto and buildings thereon, including, but not limited to, 90 the grounds, private walkways and parking lots or garages adjacent thereto which are 91 owned or controlled by the property owner, lessee, or employees or agents thereof. 92 Direct line of sight means the ability to directly view an area without the benefit or 93 assistance of a mirror, video camera or similar aid. 94 Live exhibition or performance means modeling, dancing or any similar activity which 95 involves a person or persons physically performing for the benefit of one or more other 96 persons. 97 Manager's station means any check-out counter, desk, or other place or position 98 where an employee, agent, manager or owner of a business establishment sits or stands 99 or is assigned to sit or stand. 100 Performer means a person engaged in a live exhibition or performance in a business 101 establishment. 102 Person means an individual, proprietorship, partnership, corporation, limited liability 103 company, association, organization, or other legal entity. 104 State of nudity means a state of undress so as to expose the human male or female 105 genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of 106 the female breast with less than a fully opaque covering of any portion thereof immediately 107 below the top of the areola. 108 Viewing area means any area within a business establishment where a live exhibition 109 or performance is taking place. 110 111 (b) The City of Virginia Beach hereby finds and declares that the unregulated practice 112 of live exhibitions or performances in private or semi-private rooms, booths, viewing areas 113 or cubicles within business establishments (i) encourages criminal activities of a sexual 114 nature including, but not limited to, fornicatien7 masturbation, prostitution, public nudity 115 and sodomy, (ii) facilitates sexual liaisons of a casual nature which create unhealthy 116 conditions, and (iii) increases the likelihood that other criminal activities, such as sexual 117 assaults and drug-related offenses, will occur. 118 119 The concern over sexually-transmitted diseases, and the deleterious effect on both 120 existing businesses and surrounding neighborhoods caused by increased crime and the 121 downgrading of property values, demands reasonable regulation of live exhibitions or 122 performances in business establishments which provide such exhibitions or 123 performances in private or semi-private rooms, booths, viewing areas, or cubicles in order 124 to (i) protect the health, safety and welfare of the city's citizens and visitors; (ii) protect 125 citizens and visitors from increased crime; and (iii) preserve the quality of life, property 126 values, the character of surrounding neighborhoods, and the city's tourism industry and 127 other economic interests. 128 129 The intent of this section is not to suppress any activities protected by the First 130 Amendment, but is to enact content-neutral regulations which are specifically designed 131 and intended to prevent the deleterious secondary effects associated with live exhibitions 132 or performances in business establishments which provide such exhibitions or 133 performances in private or semi-private rooms, booths, viewing areas or cubicles. 134 135 (c) It shall be unlawful for any person to maintain or operate for himself or herself, or as 136 an officer, employee or agent, a business establishment where live exhibitions or 137 performances take place, unless the following requirements have been met: 138 139 (1) No viewing area of the business establishment shall be obstructed by 140 curtains, doors, walls, display racks or any other permanent or temporary 141 enclosure or barrier. 142 (2) At least one employee other than the performer must be on duty at all times 143 that any patron, customer or member of the audience is inside the business 144 establishment, and such employee must have a direct line of sight of any viewing 145 area during any live exhibition or performance. 146 (3) In any business establishment which is configured to include a manager's 147 station, there must be an unobstructed view, from the manager's station, of all 148 viewing areas and any other area of the business establishment, except restrooms, 149 to which any patron, customer or member of the audience is permitted access for 150 any purpose. If the business establishment has two(2)or more manager's stations, 151 all viewing areas and any other area of the business establishment, except 152 restrooms, to which any patron, customer or member of the audience is permitted 153 access for any purpose must be visible from at least one of the manager's stations. 154 The view required in this subsection must be by direct line of sight from the 155 manager's station. 156 (4) No performer shall be permitted to touch the breasts, genitals, anus, buttocks 157 or groin of any patron, customer or member of the audience, regardless of whether 158 such parts of the body are fully or partially covered by clothing, or are uncovered. 159 (5) No patron, customer or member of the audience shall be permitted to touch 160 the breasts, genitals, anus, buttocks or groin of any performer regardless of 161 whether such parts of the body are fully or partially covered by clothing, or are 162 uncovered. 163 (6) No sofa, futon, cot, bed, mattress or similar furnishing shall be located in any 164 viewing area or in any other area of the establishment to which patrons, customers 165 or members of the audience are permitted access. 166 (7) No performer shall appear in a state of nudity in the viewing area or in any 167 other area of the establishment to which any patron, customer or member of the 168 audience is permitted access. 169 170 (d) It shall be unlawful for any performer to touch the breasts, genitals, anus, buttocks 171 or groin of any patron, customer or member of the audience, regardless of whether such 172 parts of the body are fully or partially covered by clothing, or are uncovered. 173 174 (e) It shall be unlawful for any patron, customer or member of the audience to touch the 175 breasts, genitals, anus, buttocks or groin of any performer, regardless of whether such 176 parts of the body are fully or partially covered by clothing, or are uncovered. 177 178 (f) Nothing contained in this section shall be construed to apply to the exhibition, 179 presentation, showing or performance of any play, ballet, drama, tableau, production or 180 motion picture in any theater, concert hall, museum of fine arts, school, institution of 181 higher learning or other establishment which is primarily devoted to such exhibitions, 182 presentations, shows or performances as a form of expression of opinion, 183 communication, speech, ideas, information, art or drama. 184 185 (g) Any person who violates any of the provisions of this section shall be guilty of a 186 Class 1 misdemeanor. 187 188 (h) If any subsection, clause or other portion of this section is for any reason held to be 189 invalid or unconstitutional by the decision of any court of competent jurisdiction, such 190 decision shall not affect the validity of the remaining portions of this section. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21 s t day of July , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 1 .0-1-( 1';e7L Poli D ' ment City Attorney's Office CA15109 R-1 July 6, 2020 59 ITEM— V.H.1 PLANNING ITEM#70551 The following registered to speak: Paul Venable, Applicant, 213 69`"Street, Phone: 439-5186, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, declined to speak Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED Application of MELISSA&PAUL VENABLE,KEVIN&ELIZABETH BAUM/WILLIAM WARNOCK for a Change of Nonconformity re expand second story and add a new roof to an existing duplex at 213 & 215A 69`"Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MELISSA & PAUL VENABLE,KEVIN&ELIZABETH BAUM/ WILLIAM WARNOCK for a Change of Nonconformity re expand second story and add a new roof to an existing duplex at 213 &215A 69`"Street(GPINs 24196448890213,24196448890215)DISTRICT 5— LYNNHAVEN The following condition shall be required: 1. The expansion of the building shall be in substantial conformance with the submitted site layout exhibit entitled, "213 & 215 69`" STREET RESIDENTIAL CONCEPTUAL MASTER PLAN", dated January 9, 2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed improvements shall substantially adhere in appearance, size and materials to the submitted elevations entitled "VENABLE RESIDENCE ELEVATIONS", dated February 4, 2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The floor area of the proposed improvements shall substantially conform to the dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC ADDITION FLOOR PLAN", dated February 4, 2020, and prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. July 21, 2020 60 ITEM— V.H.1 PLANNING ITEM#70551 (Continued) 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 21'day of July 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 July 21, 2020 1 A RESOLUTION AUTHORIZING THE EXPANSION OF 2 NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 213 AND 215A 69TH STREET 4 5 WHEREAS, Melissa and Paul Venable and Kevin and Elizabeth Baum (the 6 "Applicants") have made application to the City Council for authorization to expand the 7 nonconforming structures located on 69th Street and zoned R-5R (NE) Residential Zoning 8 District, by the addition of a dormer addition to both sides of the duplex dwelling on the 9 parcel; 10 11 WHEREAS, this parcel currently contains three (3) dwelling units which is not 12 allowed in the R-5R Zoning District, but they were built prior to the adoption of the 13 applicable zoning regulations and are therefore nonconforming; 14 15 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 16 approval of this application on May 27, 2020; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion 19 of nonconforming structures is unlawful in the absence of a resolution of the City Council 20 authorizing such action upon a finding that the proposed structures, as expanded, will be 21 equally appropriate or more appropriate to the zoning district than is the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structures, as expanded, will 27 be equally appropriate to the district as is the existing nonconforming structures under the 28 conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the expansion of the nonconforming structures is hereby authorized, upon the 34 following conditions: 35 36 1 . The expansion of the building shall be in substantial conformance with the 37 submitted site layout exhibit entitled, "213 & 215 69th STREET RESIDENTIAL 38 CONCEPTUAL MASTER PLAN", dated 1/9/2020, and prepared by Land 39 Planning Solutions, which has been exhibited to the Virginia Beach City Council 40 and is on file in the Department of Planning and Community Development. 41 42 2. The exterior of the proposed improvements shall substantially adhere in 43 appearance, size and materials to the submitted elevations entitled "VENABLE 44 RESIDENCE ELEVATION", dated 2/4/2020, and prepared by Land Planning 45 Solutions, which have been exhibited to the Virginia Beach City Council and 46 are on file in the Department of Planning and Community Development. 47 48 3. The floor area of the proposed improvements shall substantially conform to the 49 dimensions shown in the exhibit entitled "VENABLE RESIDENCE ATTIC 50 ADDITION FLOOR PLAN", dated 2/4/2020, and prepared by Land Planning 51 Solutions, which has been exhibited to the Virginia Beach City Council and is 52 on file in the Department of Planning and Community Development. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 st day of July , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i l Robert (Bo by) Tajan B. ay W son Planning and Community City Attorney's Office Development CA15042 R-2 March 25, 2020 2 „ \ ,_,,, \ , \ 1 lcTh _____-------\ \ 4 , _vi _, ,, \---v____ , , J _' 1 ,._.„ ,.______ \____ , , \ ___ ,t____ '1 , ,,___., ,____,.., _..„ _____1, \-,_,A___ , ___, , \, _______ ,,_______, \ R-SRINE) L---\,..\\\ V, \ ,, \ \ / \, _. \ R-SR(NE�) --_ R ) 1� \------1-5—‘- ________:_________\_T_._\ \---:, (______\ ,, ©a t /00,1 \ 690 scree ` --1 R-5R(�NE) J -'-- \---' \ \ \ 7"---- Or Site Melissa & Paul Venable Property_Polygons 213 & 215A 69th Street Zoning Parking Lot Drive Aisle mu IIIIIIIIIMI 111111111MM 1 Feet E ii Building 012.525 50 75 100 125 150 61 ITEM— V.H.2 PLANNING ITEM#70552 The following registered to speak: Barbara Messner, declined to speak Jay Boone, declined to speak Upon motion by Council Member Abbott, seconded by Council Member Moss, City Council APPROVED, AS MODIFIED, Application of CHURCH OF THE ASCENSION/ THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story administrative office at 4853 Princess Anne Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHURCH OF THE ASCENSION/ THE ROMAN CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions re build a one-story administrative office at 4853 Princess Anne Road (GPIN 1476064464)DISTRICT 2—KEMPSVILLE The following condition shall be required: 1. When the site is developed, it shall be in substantial conformance with the site layout entitled "Building Addition Site Plan - Grading and Improvement Plan," dated January 10, 2020, and prepared by WPL. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development. 2. The exterior of the proposed church addition building shall be in substantial conformance to the architectural style, colors, and materials depicted on the renderings entitled "Administration Addition for Church of the Ascension," dated April 20,2020,and prepared by Altruistic Design. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning& Community Development. 3. The applicant shall obtain all necessary permits and inspections from the Department of Planning and Community Development, Permit and Inspections Division; the Health Department;and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to use of the 2,800 square foot addition. 4. All signage on-site shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors.A sign plan shall be submitted to the Virginia Beach Department of Planning& Community Development, Zoning Office for review and permitting prior to the installation of any new signage. July 21, 2020 62 ITEM— V.H.2 PLANNING ITEM#70552 (Continued) This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21'day of July 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 July 21, 2020 '� h X\ A . ur_ 0 r v . a. co co n J O t� / r _ o !, = oa ,� c,.\c-- IF3 ,fie¢ .\ z o ciP Ge5 N., a,4 �. tee o" �,- .-;/NI 0 0 / V , tT' s � N . 0 ( \$) yeGt ,.� c CC U - • \ \ .' ' \ : 'Lc 0\ -*"ce \.\\i 0 : = 0 \-\\. _ 045\\ \ c_cp 9.0 CD ..IN , ,csiN \C? 0 C L. I CS k o ` Q Q / /_' = M ,a t.2)LA ri \,, '•,:.: c U oa W O ` i ,, 0 6 ° ° ,• f'N . 0 Ct_ z-.7; r __ o ; 3 t th a �,o Yl 0 I' 0 (7.1 C----7.7,;'ft-IT?8 El-1 'I-717 Z? 4. e,..„,I, I P-- ° { J i 0 . anaO1! ��n fJG , ot C7 75 ttt oa do 0 / `✓ t 0) E CO' Q ❑ .I c •c /Iqt' Q 1 —� -- ` `j ;�`7 in a` N n m 1c1.L ( � o� 63 ITEM— V.H.3 PLANNING ITEM#70553 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, declined to speak Upon motion by Council Member Tower, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,Application of VOGUE LASHES& SPA/LASKIN ROAD, LLC for a Conditional Use Permit re tattoo parlor at 933 Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VOGUE LASHES& SPA/LASKIN ROAD,LLC for a Conditional Use Permit re tattoo parlor at 933 Laskin Road (GPINs 2418711270 & 2418710188)DISTRICT 6—BEACH The following condition shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to only microblading, a tattooing technique used in the application of permanent make-up. No other form of tattooing shall be permitted. 3. The actual application of permanent make-up shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. The freestanding billboard sign along Laskin Road, as shown in the photographs on pages 12& 13 of the report,shall be demolished and removed from the property within 90 days of City Council approval. 5. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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 21s`day of July Two Thousand Twenty. July 21, 2020 64 ITEM— V.H.3 PLANNING ITEM#70553 (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 July 21, 2020 B-2 , 0 - co _ - 411.1.4110 API/I,11, e rft b-2 F_'\4\e\ Oclo1e Gitcle EZI Site \ \ A-12 N Property_Polygons I • 0.ygons Zoning a rking Lot Drive Aisle P • Vogue Lashes & 993 Laskin Spa Road w4)1: E ( =mem 65 ITEM— V.H.4 PLANNING ITEM#70554 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, declined to speak Upon motion by Council Member Henley, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, Application of INKCREDIBLE TATTOO, LLC/ DAM NECK CROSSING, LLC for a Conditional Use Permit re tattoo parlor at 1630 General Booth Boulevard, Suite 112 DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA INKCREDIBLE TATTOO, LLC/DAM NECK CROSSING, LLC for a Conditional Use Permit re tattoo parlor at 1630 General Booth Boulevard, Suite 112 (GPIN 2415541078) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors.A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. 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 21'day of July 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 July 21, 2020 c , IQ N, 7,•' V 11.A ... b / .ii ' i ° /1/-,j ' ' ib • cp l '/''') C-4k • kik InSpc6t -_ tri)-// 4' l'/•-irip i .i a, 1 '- co 0 ----„, ---_____, _ 7 • /-z-i--, Pi- I ...-?r T.— o te t3 —J -6 —1 CU ,I \ 6 > : 00 I— co a) .c /I 46 * / * u = It , - --- CNI ci5 Z co — a \ N a) (.7 °Moo w t/100 i ce) 11- 4c a) eittioilec% . _ N Ilie;reiti -. yi (- N" :-T.ic -,-..00 4 - 8/tti i'h Cs / I-7_ — ' 0 , ooetie 0 u) < c 0 0 > *:" 'CP - 0) 7.. ?:` CZ *fp a. "6 '') ` se '\?' ' cj ,I__, •:): t cn E' c CD a - _NC 73 *7 / o ' /C0 e3e/ rf74 ° t S2 2 O cO 5 d se L j JO cf) u) CL N CL CO cE OD E[ 66 ITEM— V.H.5 PLANNING ITEM#70555 The following registered to speak: Emmanuel Platon, (Applicant) 5044 Cleveland Street, Phone: 816-8861, did not respond Gary Arnett, 5033 Cleveland Street, Phone: 571-228-2558, did not respond Barbara Messner, P. O. Box 514, declined to speak Jay Boone, declined to speak Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, Application of EMMANUEL B. PLATON/ METRO HOLDINGS, LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA EMMANUEL B. PLATON/ METRO HOLDINGS, LLC for a Conditional Use Permit re automotive repair garage at 5044 Cleveland Street(GPIN 1467846647)DISTRICT 4—BAYSIDE The following condition shall be required: 1. The applicant shall obtain all necessary permits for the installation of a paint booth for the proposed use. If the required permits for the paint booth are not obtained, the painting of vehicles shall be prohibited on the site. 2. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 3. There shall be no outside storage of equipment,parts, tires or materials. 4. No motor vehicle repair work shall take place outside of the building. 5. No motor vehicles shall be parked within any portion of the public right-of-way. 6. The nonconforming freestanding sign shall be removed within ninety(90)days of City Council approval. 7. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 8. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. July 21, 2020 67 ITEM— V H.5 PLANNING ITEM#70555 (Continued) 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Subject to Section 221(k) of the Zoning Ordinance, an administrative review by the Planning Director shall occur ten (10) years after City Council approval of the Automotive Repair Garage Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. 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 21'day of July 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 July 21, 2020 7 l i - _ c . --_ , -1 -(13 J I1 _ 1—_ I.1 cu 7r u) L CD IA \\... _____ A _ Cleveland Street Cleveland Street a I-1 Ii F-1 L I 4 i , r .. A Site \\ 9 Property_Polygons E. Emmanuel B. Platon Q 5044 Cleveland Street Zoning Parking Lot Drive Aisle _Feet l 1 Buildina 012.525 50 75 100 125 150 68 ITEM— V.H.6 PLANNING ITEM#70556 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of RYCHAE LYNEA REED/ JOAQUIN V. CASTRO for a Conditional Use Permit re family day-care home at 1674 Dylan Drive DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RYCHAELYNEA REED/JOAQUIN V. CASTROfora Conditional Use Permit re family day-care home at 1674 Dylan Drive(GPIN 1465046346) DISTRICT 2—KEMPSVILLE The following condition shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to the total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. 4. No more than one (1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day- care home. 7. The fence enclosing the outdoor play area shall remain in place and shall be maintained. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21'day of July Two Thousand Twenty. July 21, 2020 69 ITEM— V.H.6 PLANNING ITEM#70556 (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 July 21, 2020 , R-5D , ,11//7/ , (/'\.> N. R 5D R 5D , 4 'r, --- 7 ' / / NN C) 0 ...N.N;Ni/ -. //'--,:' --I / me` R'S D. _ ,�/ A A Site Property_Polygons RyChae LyNea Reed �� , E 1674 Dylan Drive s Zoning Parking Lot Drive Aisle Feet F 1 Building 0 1020 40 60 80 100 120 70 ITEM— V.H.7 PLANNING ITEM#70557 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of LORNA C. DONATONE, QPRT/SCOTT& KATHERINE MORINfor a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LORNA C. DONATONE, QPRT/SCOTT& KATHERINE MORINfor a Conditional Use Permit re community boat dock at 1421 & 1423 Blue Heron Road (GPINs 1498584496 & 1498585310) DISTRICT 5 — LYNNHAVEN The following condition shall be required: 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA)process prior to any development or construction of the pier extensions and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "Proposed Pier Maintenance at 1421 Blue Heron Road",prepared by Waterfront Consulting, Inc., Sealed October 9, 2019 or as modified by the JPA Permit. 3. No commercial use of the pier shall be permitted. 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 21'day of July 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 July 21, 2020 } .J s J ,\ `'l v U if ///// 7/ R/40 / LT R 0 ,- to, _ itil/ ,__, , )ii i, -----,, ,,„,, ., Z4 Site �. ��, E Property_Polygons Lorna C. Donatone, QPRT & Scott and Katherine Morin ® 1421 & 1423 Blue Heron Road Zoning Parking Lot Drive Aisle m mom Fe( Building 0 25 50 100 150 200 250 300 71 ITEM— V.H.8 PLANNING ITEM#70558 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of LINDA M.ADDISON for a Conditional Use Permit re home-based wildlife rehabilitation at 1717 Dancers Court DISTRICT I—CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LINDA M. ADDISON for a Conditional Use Permit re home-based wildlife rehabilitation at 1717 Dancers Court (GPIN 1465508986) DISTRICT 1 — CENTER VILLE The following condition shall be required: 1. The applicant shall comply with all the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. The applicant shall comply with all provisions established for wildlife rehabilitation by the Virginia Department Game&Inland Fisheries. 3. No animals shall be dropped-off or released at the subject site or within the neighborhood. 4. The outdoor enclosure shall be screened from view from the right-of-way and all adjacent properties. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the outdoor enclosed structure.Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 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 21"day of July Two Thousand Twenty. July 21, 2020 72 ITEM— V.H.8 PLANNING ITEM#70558 (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 July 21, 2020 y^ 2 P-1 * Dancers Court ` 1 L-7 i \ ,,., ,. "4' ' d R-:"k5 R=7.5 r .>> `- ) n :I, \ \ P-1 * r , Site �� 1\i E. Property_Polygons Linda M. Addison Q 1717 Dancers Court Zoning Parking Lot Drive Aisle m _Feet I I RI i iidi.,,. 012.525 50 75 100 125 150 73 ITEM— V.H.9 PLANNING ITEM#70559 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AMEND Section 201 of the City Zoning Ordinance (CZO) re setbacks for inground pools adjacent to the Atlantic Ocean REQUEST FOR INDEFINITE DEFERRAL 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 July 21, 2020 74 UNFINISHED BUSINESS ITEM#70560 Council Member Moss requested to have the report, `Mayor's Committee for Reapportionment", included in the July 28`h Agenda for the public to view. July 21, 2020 75 NEW BUSINESS ITEM#70561 Council Member Tower distributed Resolution Opposing Offshore Drilling and Seismic Testing and requested to have it added to the July 28th Agenda for consideration. July 21, 2020 REQUESTED BY COUNCILMEMBERS ABBOTT, BERLUCCHI AND TOWER A RESOLUTION OPPOSING OFFSHORE DRILLING AND SEISMIC TESTING 1 WHEREAS, in 2015, local business organizations and Council-appointed advisory 2 agencies urged the City Council to oppose offshore oil and gas exploration, including the 3 Resort Advisory Commission, the City's Green Ribbon Committee, the Virginia Aquarium 4 Foundation, Lynnhaven River NOW, the Virginia Beach Hotel Association, and the 5 Virginia Beach Restaurant Association; and the Princess Anne Garden Club, the Virginia 6 Beach Garden Club, the Sandbridge Civic League and the Resort Beach Civic League 7 also expressed their opposition to offshore oil and gas exploration and supported the City 8 Council's vote that year to repeal a previously adopted resolution that had supported such 9 exploration; 10 11 WHEREAS, in 2017, the Virginia Beach City Council adopted a resolution 12 opposing offshore oil and gas exploration, including seismic testing; 13 WHEREAS, in 2018, the Virginia Beach City Council adopted a resolution to 14 reiterate its strong opposition to offshore oil and gas exploration, including seismic testing 15 and requesting the assistance of the Secretary of the Interior, United States Senators 16 Kaine and Warner, and Congressman Taylor in securing protections for Virginia's 17 coastline and its residents; 18 WHEREAS, as of 2020, 25 Virginia municipalities, including Virginia Beach, 19 Norfolk, Portsmouth, Hampton, and both Onancock and Northampton Counties, have 20 adopted resolutions opposing offshore drilling activities; 21 WHEREAS, as of 2020, Virginia's United States Senators Kaine and Warner and 22 United States Representatives Connolly, Scott, Beyer, McEachin, Luria, Spanberger, and 23 Wexton have all repeatedly expressed their strong opposition to offshore exploration and 24 drilling off the coast of Virginia; 25 WHEREAS, deep concerns remain that offshore energy exploration could conflict 26 with the Department of Defense's mission requirements, including expanded weapon and 27 sensor footprints and operations in the Mid-Atlantic Planning Area that includes areas off 28 of Virginia Beach's coastline; 29 WHEREAS, the tourism industry is vital to the City's economic prosperity, 30 accounting in 2018 for $1.6 billion in annual revenue, nearly 14,000 tourism-supported 31 local jobs, and $62.5 million in tourism-related taxes; 32 WHEREAS, for the good of all our residents and our economy, the City of Virginia 33 Beach must continue to protect and build upon our status as both one of the East Coast's 34 premier resort cities and a highly valued partner with the Navy, especially during the 35 current unprecedented health and economic crisis caused by COVID-19; 36 WHEREAS, WesternGeco, a British geophysical services company, has sought a 37 permit from the federal Bureau of Ocean Energy Management ("BOEM") to conduct 38 seismic testing to search for oil and gas off the coasts of North and South Carolina, and 39 although North Carolina filed a formal objection to the permit, the Assistant Secretary of 40 Commerce for Environmental Observation and Prediction, who performs the duties of 41 Under Secretary of Commerce for Oceans and Atmosphere, overrode North Carolina's 42 objection, which means the BOEM is no longer prohibited from issuing the permit to 43 WesternGeco; 44 WHEREAS, this area is dangerously close to Virginia's coast and could impact our 45 tourism and military operations, bringing the reality of seismic testing one step closer to 46 Virginia; and 47 WHEREAS, the Trump administration has proposed to expand offshore oil and 48 gas drilling to nearly all United States waters, including off the coast of Virginia; 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, THAT: 51 The City Council hereby reiterates its strong opposition to offshore oil and gas 52 exploration, including seismic testing, off the City's pristine coastline as well as in the 53 entire Atlantic; 54 The City Council urges the Bureau of Ocean Energy Management to deny the 55 permit sought by WesternGeco to conduct seismic testing off the Carolina coasts; 56 The City Council strongly supports the drilling protections included in the House's 57 draft FY2021 Interior-Environment Appropriations bill and urges the Senate to adopt 58 these protections in the final bill; 59 The City Council also strongly supports permanently extending the moratorium on 60 drilling exploration and drilling in the Eastern Gulf of Mexico, recognizing the importance 61 of both our coastal waters and the waters off of Florida's Gulf Coast to our national 62 security and military readiness; 63 The City Council formally requests that the Secretary of the Interior extend to 64 Virginia Beach and its residents, as well as our neighbors along the entire East Coast, 65 the same protections and exemption that have been promised to the Governor and 66 residents of Florida; that is, to fully remove the Atlantic and Eastern Gulf of Mexico from 67 consideration in the current proposal to expand drilling; 68 The City Council respectfully requests the assistance of United States Senators 69 Kaine and Warner, as well as Representative Luria, in securing these essential 70 protections for Virginia's coastlines and its residents, as well as our Atlantic coast 71 neighbors. Adopted by the Council of the City of Virginia Beach this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Roderick R. Ingram City Attorney's Office CA15120 R-1 July 15, 2020 76 NEW BUSINESS ITEM#70562 Mayor Dyer advised a City Council Meeting with the Virginia Beach Delegation is scheduled for July 28th and requested City Council Members prepare a list of items they would like to discuss in advance. July 21, 2020 77 ADJOURNMENT ITEM#70563 Mayor Dyer addressed the gallery advising the Speaker Policy is read prior to calling on speakers and emphasized speakers are to comment only on the specific topic of item to which they registered. Mayor Dyer expressed his appreciation and respect for anyone wishing to speak and invited those who have non- agenda items they would like to discuss, to register to speak during Open Dialogue. Mayor Robert M. Dyer DECLARED the SPECIAL MEETING ADJOURNED at 7:45 P.M. • Terri H. Chelius Chief Deputy City Clerk A nda arnes, MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia July 21, 2020