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OCTOBER 20, 2020 SPECIAL FORMAL SESSION MINUTES
p. ., irr.,P"P"' p \I_�4,:, gyps rraqg� �1 eci �: OUR Nte;•4 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 20, 2020 Mayor Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Virginia Beach Convention Center, Suite 5, Tuesday, October 20, 2020, at 3:00 P.M Council Members Present: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi-Ill John D. Moss—Participated at 6:00 P.M via WebEx from Holder Beach, NC, where he is caring for his elderly mother 2 CALL TO ORDER ITEM#70882 Mayor Dyer read the Mayor's Call for the SPECIAL FORMAL SESSION: October 15, 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 FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL Tuesday, October 20, 2020 3:00 P.M. Virginia Beach Convention Center,Suite 5 100019`h Street The purpose of this SPECIAL FORMAL SESSION is to allow City Council to hold a regularly scheduled Formal Session at the Convention Center, to adhere to public health measures during the COVID-19 Pandemic. 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. • If you wish to make comments virtually on an item,please follow the two-step process provided below: • Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/gphp?MTID=ee627a0d522bacf90ddba7c5d 8347e7ce • Register with the City Clerk's Office by calling (757) 385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on October 20, 2020 The City Council meeting will be streamed live on www.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CityCouncil(a'bgov.com. Sincerely, s/ Robert M. Dyer Mayor" Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office October 20, 2020 G11.11A BEAc City of Virginia B each 74.7 Z vy+s eye Op OUR NATO°14 VBgo..co m ROBERT M."BOBBY"DYER MUNICIPAL CENTER MAYOR BUILDING 1,ROOM 234 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 October 15, 2020 BDYER®VBGOV.COM 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 of the VIRGINL4 BEACH CITY COUNCIL Tuesday, October 20,2020 3:00 P.M. Virginia Beach Convention Center,Suite 5 100019m Street The purpose of this SPECIAL FORMAL SESSION is to allow City Council to hold a regularly scheduled Formal Session at the Convention Center, to adhere to public health measures during the COVID-19 Pandemic. 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. If you wish to make comments virtually on an item,please follow the two-step process provided below: • Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=ee627a0d522bacj90ddba7c5d8347e7ce • Register with the City Clerks Office by calling (757) 385-4303 or via email at ABarnes@vbgov.com prior to 5:00 p.m. on October 20, 2020 The City Council meeting will be streamed live on www.vbgov.com and Facebook Live, and will be recorded for rebroadcast on Cable TV. Citizens are encouraged to submit their comments to the City Council prior to the meeting via email at CityCouncil(a),vbgov.com. Sincerely, �jrccJ Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 3:03P.M. Mayor Dyer welcomed Samuel Reid, Executive Director—Atlanta Citizen Review Board. Mr. Reid expressed his appreciation to City Council for their continued support: n Civilian Oversight:Gtizens engaged in law enforcement officer accountability Atlanta Citizen Review czC Board (ACRB) Virginia Beach City Council Presentation October 20,2020 Revie`14 ski�T�_'rya- A --`- -_:-:_ Samuel Lee Reid II l _r - = a •=Y Ti Presenter gllifllaitt& • Executive Director,Atlanta Citizen Review Board- il1' 2012-Present • Assistant Director,Minneapolis Department of Civil +. �_ Rights,Civilian Review Authority-2006-2012 rM Y • Solo Practitioner-2003-2006 • Graduate:North Carolina Central-JD/MBA --�-.,__. -. _� ��" • Graduate:Morehouse College-BA 1:111_! ehc,._ "'°`��`: �;, +�_::`. 14 r. g ;:=1t�1 li':ia"� �i'�i:�l���? .::.n,:.W.W.�ty;l,.r�i;t#-'.�:�i • Veteran:United States Navy-USS John F.Kennedy, 'rl:r.;::a° :E�'°'i+::2....�°'d�'��iy: ' r 1'` .;:, CV-67,Norfolk,VA-1987-1989 :lilW Gi • -" NCRB Pnsentnion 9.22.20 2 October 20, 2020 4 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) Here is, Civilian Oversight: What It Is Not and What It Is: malt is not? What is? Anti-police Citizen Empowerment • Usually said by people who do not • All citizens deserve respect and the understand civilian oversight ability to have their wrongs addressed. • Usually said by people who want to Citizen Involvement Civilian maintain the status quo. • Citizens involved in the policing that Oversi ht: What • Usually said by people who do not is in their community. p want to engage unless ii is on their Accountability It Is Not and terms. Not Activists • Holding those who violate the What It Is Community's expectations of policing Represents all people,because all accountable. people have a stake in officer Integrity accountability and the maintaining of the best police officers serving the • Fairness for all involved. public. Responsive Not a Liability • Responsibly acting and responding • The liability is created by the to citizens'concerns. officers'actions.If the work of the Transparent agency is taken seriously by the people doing the work and the people • Reporting and informing citizens. receiving the work,civilian oversight can reduce liability by identifying issues,reinforcing policies,and offering solutions. ACAS Presentation 9.22.30 3 • C.\3Zen Atlanta rT Citizen Review Board a .. _ om Rev\e•44 October 20, 2020 5 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) The next three(3)slides provide an overview of the Atlanta Citizen Review Board(ACRB): Atlanta recognized the need for Civilian Oversight. First Board created in 1970s. Second Board started in the early 1990s Many members(appointed volunteers) Many members(appointed volunteers) Rarely met s`fi. Rarely met Review of internal investigatio l` Review of internal investigations No independent investigations=I if,i `, jo ini ependent investigations No staff ..___ ti } Ili; 1 �.o staff. i No funding,cs §'= tio furling • .MIR NMI a .Ar, 4"ftgel—.s,..7,Alik, - _ _ .4 - - :. ili Need for Change i-,01.en November 21,2006 Al The death of Ms.Kathryn Johnston,92- year-old grandmother,community mother, killed during an illegal raid by Atlanta police IIofficers using a"no-knock"warrant. ( , Change I Atlanta created the Atlanta �� Citizen Review Board Ni Review Al October 20, 2020 6 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) Citizens—providing a trusted and fair external venue for citizens to express their grievances with - Two—fo I d officers with the expectation of responsive City action.It provides an unfiltered assessment of the Function of the state of officer accountability in the city. Atlanta Citizen Department/Officers—a trusted and fair external Review Board mechanism that can evaluate departmental policies and procedures and individual officer actions that will give the department an opportunity to receive increased citizen input and provide opportunities for correction that is organized and guided by principles and rules. Here is the Mission Statement: Mission Statement G\ ,�Ze Our mission is to provide the citizens of Atlanta 1(3).credible,fair,and independent investigations and decisions on Atlanta police and corrections officer misconduct complaints and recommendations on 4...11 departmental policies,training,and practices.Our work provides intentional citizen engagement - that promotes inclusion,sharing,learning and citizen education on policing.Through our work t we provide opportunities for both departments to correct officer behavior to promote the highest O� standards of conduct to meet the citizens' expectations of policing. Revie October 20, 2020 7 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) Here are the Powers Granted in ACRB Ordinance: Powers Granted in ACRB Ordinance • Power to advise on policies regarding the police and corrections departments with the purpose of improving the ability of police personnel to carry out their duties,and to improve the relationship between the department, corrections and the community. • Discretion power to select appropriate individual incidents to review and broader issues to study • Receive,investigate,mediate,&adjudicate citizen complaints • Review specific complaints or incidents of misconduct against individual police officers;including those involving language related to race,ethnicity,religion,gender,sexual orientation,gender identity,or disability. • Power to initiate studies upon request to the board by any member of the public or the police department and the department of corrections,or at the board's own discretion. • Full access to relevant police department and corrections personnel for interview and to relevant documents • Subpoena power • Power to recommend that the chief of police and the chief of corrections take certain actions. • Power to conduct public hearings. The Board has thirteen (13) Board members and nine (9) City Staff members who meet monthly to render decisions on citizen complaints: Atlanta Citizen Review Board Reflects the diversity of Atlanta ➢ Appointed by entities having long- standing in the community Board Chair D Appointments approved by City League of Women Voters Council Vice Chair Georgia ➢ Term:3 years Office of the Mayor Coalition of the Peoples Agenda D Board Leadership:selected by Board Air Secretary NPU S-Z Neighborhood Planning Unit members annually (NPU)A-F D Primary official duty:render decisions Atlanta City Council NPU G-L on complaints City Council President NPU M-R D Hire Executive Director Atlanta Bar Association Urban League of Greater Atlanta Atlanta Business League 18-30-year-old Gate City Bar Association 18-30-year-old October 20, 2020 8 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) Board m Member Q Training w1 aCFL PrESEnta!ion 5.23.30 __ Here are the Board Training Topics: Revie'N Board Training Board Orientation Use of Force Training on the Jurisdictional Allegations Fourth Amendment Criminal Procedure Compliant Reviews Discipline and Disciplinary Matrix Open Meetings Law Police Department and Department of Corrections Standard Operating Procedures (SOPS) Ethics Conflicts of Interest APD Ride-Along APD Citizens'Academy October 20, 2020 9 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) eri rtI Departmental Organizational Chart b T ,rAT� V r.1 ACRB Organizational Chart ACRB Board Executive Volunteers Director Contractors Administrative Assistant L i Responsible for the day-to-day Investigations Project operations Manager Manager i Carries out powers of authority x Conducts investigations and mediations Investigator Administrative i performs primary community Sr Assistant engagement activities Investigator Community ) Develops budget sr. Liaison > Maintains working relationships with Investigator Public Affairs the city departments,including the Sr. Officer police and corrections departments Analyst Community Outreach Specialist October 20, 2020 10 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) The next few slides provide an overview of ACRB Investigations: • en x.,'"t> tr.tio m Investigations c <bo Review Benefits of Investigation Program Citizen Officer City Formal Opportunity for Citizen to understand Opportunity for officers to Demonstrates the City's that the city takes officer conduct demonstrate their proper handling commitment to providing an seriously. of a citizen interaction external venue for citizen complaints Face-to-face Empowerment Empowerment Demonstrates the City's commitment to providing an external venue for citizen complaints Official Record Provides the citizen,public,and city with Provides evidence of proper Provides an opportunity for the an unbiased record to track the reality of interactions City to take proactive actions as the officer accountability vs.sole reliance needed on police records and anecdotal evidence. Fair Evaluation Outcomes not dependent on the person Outcomes not dependent on the Improves perceptions of but on the facts. officer or the relationship of the willingness to hold officers officer to the department but on the accountable facts. Accountability Rec redress for wrongs;increases Opportunity for correction and Demonstrates the City. feeling of inclusion and value reflection commitment to having the best officers in the community Transparency Provides outcomes to the citizen and the Provides outcomes to the officer Provides outcomes to the city public and the department October 20, 2020 11 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) ACRB Investigative Process Receive Complaint Complaint APO/ACD Penn pes.ntationto Aeludwtion DhclpAnary Compliant the Board by Bond Decision • • • • • • • • Cottplaint Conplalat Forward AmD/MD Evaluation Inwtl{albn ComplNmto Barponw Preliminarythe and Iwanyntbn ApD/ACD Publlotion ok\Ze n ra Mediations 0 . 1 --_ 44 Review October 20, 2020 12 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) This chart provides a summary of Benefits of Mediation: Benefits of Mediation Program Citizen Officer - © ; Informal Opportunity for citizens to learn Opportunity for officers to learn Over time,officers and the about the basis of the officer's about the effect of their words, department will benefit from actions behaviors,and actions an improved image and relations with the community. Face to face Empowerment Empowerment Supports the APD goal of community policing Quicker resolution Greater opportunity to achieve Better understanding of Increase level of service satisfaction involving the resolution individual interactions with provided to the citizens of the issue citizens Safe neutral Greater satisfaction with the Opportunity to explain their Improves perceptions of environment complaint process actions to citizens willingness to hold officers accountable Equal footing to discuss Better understanding of policing Less stressful than an Saves money the issues investigation Process Opportunity to have the officer Greater satisfaction with the Allows for greater efficiency listen complaint process and effective use of investigative resources Third-party neutral Supportive for perspective sharing Supportive for perspective Demonstrates the importance and promoting mutual sharing and promoting mutual of alternative methods for understanding understanding conflict resolution ACRB Mediation Process Complaint qualifies for Mediation Receive Chi mediation/Mediation Successful/Complaint Complain n Offered Closed • • • • • • Complaint Mediation Held Mediation Evaluation Unsuccessful Preliminary /Complaint Investigation Investigation • October 20, 2020 13 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) vett Community Q Engagement 111 = o� Revie`14 o.,9 2z.zo Community Engagement is critical in Establishing Trust: Lt Zen Establishing Trust Community engagement is the Lifeblood of the Agency. ➢Must know the agency to trust it >Awareness of the agency g cy >Understanding of the agency functions >Visible Accessible >Responsive Revie`� October 20, 2020 14 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) The remaining slides provide a summary of the ACRB Presentation. LT Wrap Up `t i o� Revie`° Agency Legislative History February 2007 Citizen Power combined with Elected Officials responsive action combined to create the ACRB. September 2008 ACRB opened its office on the 9th floor in the City Hall Tower and begin receiving complaints. (Jaen May 2010 Ordinance Amendment —ACRB received Subpoena c Power;requirement that all city employees must fully m cooperate with ACRB requests and appear before the Board for interviews testimony. ry March 2016 Ordinance Amendments — expanded allegations, requirement for chiefs'responses,expanded Board members,etc. f Rev e`' June 2020 Ordinance Amendments — reviewer with binding authority on APD,2 seats for 18-30 yo,Reconsideration, smaller review panels,365 days to file a complaint,use of force review with or without a complaint August 2020 ACRB Added to the City Charter October 20, 2020 15 CITY COUNCIL'S BRIEFING ATLANTA CITIZEN REVIEW BOARD EDUCATIONAL BRIEFING ITEM#70883 (Continued) Out the Gate Must Haves \ttze 1 Trust-the city and agency must work to place the agency in a position of having a trusted relationship with the citizens and department.This will require establishing integrity,responsiveness,accessibility,availability. Legitimacy and Credibility Clear,Consistent messaging from the elected officials that this is important,and there are certain expectations that must be met. Independence free from political influence and funding manipulation Transparency-ability to report on work and outcomes Funding-funding that allows the agency to him competent staff who understand the intricacies of the civilian oversight arena-some cities appropriate funding based on a percentage of the police budget;others by the head count of the department;some provide minimal funding with a hope for results and then you have those that want to have it but not fund it. Staffing-hiring enough qualified people who have the desire to fulfill the mission.Issues too complex for just volunteers.Requires daily attention. Demonstrative Commitment from the elected officials and PD-crucial to establishing acceptance,coordination,and collaboration and the r I T legitimacy of the agency. O Community Engagement-two-way communication;awareness-building, education,feedback. Clear Identification of Purpose-intentional Coordination/Collaboration-spirit of working toward the benefits of /�) civilian oversight. tMr ! � s w�G.,I a .: • Questions AtatoiLt - tERVIV '�'�! JJ yy ACRE Presentation 9.22.20 26 Mayor Dyer expressed his appreciation to Mr.Reid for the presentation. October 20, 2020 16 CITY MANAGER'S BRIEFINGS LYNNHAVEN MUNICIPAL PARKING USE AGREEMENT ITEM#70884 3:20P.M. Mayor Dyer welcomed Michael Kirschman, Director—Parks and Recreation. Mr. Kirschman expressed his appreciation to City Council for their continued support: Lynnhaven Municipal Marina Parking Spaces Use Agreement r • °-. �Ma e� �.- = Cits Council 15rie1ir October 20,2020 Michael Kirschman Director,Parks and Recreation i Here is an overview of the Lynnhaven Municipal Marina. Facility Informationii ___ , , . • Constructed 1969 , 1410,w. • 2.48 Acres o _ ti IA • 50 Wet Slips—All Filled with Waiting List s _—i 4, • Slips Rented via Annual Permit Rental Agreement >P i • Current Annual Slip Rental Fees:$2,067-$3,452 •o , :d_. o, „yo o, • Commercial and Auxiliary Mooring Areas • 7 Slips for Police,Fire,EMS • , • 90 Parking Spaces(permit parking only) • Bulkhead Failure 2016—Repaired 2019-2020 • 1981/1982 Army Corps of Engineers Cooperative Dredging Agreement—City to Provide Public Berthing Space/Slips for Recreational and Commercial Use October 20, 2020 17 CITY MANAGER'S BRIEFINGS LYNNHAVEN MUNICIPAL PARKING USE AGREEMENT ITEM#70884 (Continued) Facility Parking Information • City Zoning Ordinance,Section 236,requires 0.50 Off-Street Parking Space Per Boat Slip=25 Required Minimum Parking Spaces for Slipholders.Each slipholder receives 4 parking permits. Facility Parking Background • August 2007—Short-Term Parking Lease—Not Executed • October 2007—Long-Term Facility Lease—Not Executed • October 2013—General Public Parking Request—Not Executed • February 2014—Short-Term Parking Agreement with Chick's Marina Properties LLC for 46 Spaces—Chick's Oyster Bar Restaurant Parking Lot Renovations • May 2018—Short-Term Parking Agreement with Chick's Marina Properties LLC for 40 Spaces—Construction Easement Needed for Marina Bulkhead Repair • May 2020—Temporary Parking Agreement with Chick's Marina Properties LLC for 24 Spaces—Until Use Agreement can be considered by City Council Here is a summary of the Parking Request: ` ' Parking Request • Chick's Marina Properties LLC(aka Chick's Oyster Bar)has requested Use - !^ Agreement of 24 Facility Parking Spaces ' •April thru September Minimum .w •Annual Agreement with Annual 1-Year *ifRenewals,not to exceed total of 5 Years •Agreement Rate=$50 per space per 2. i;4 1 month=$1,200 monthly • 24 spaces p (Non-Exclusive)in Lower-Use "Ar" Area of the Marina—Use of 11 spaces would not start until 4:00 pm daily October 20, 2020 18 CITY MANAGER'S BRIEFINGS LYNNHAVEN MUNICIPAL PARKING USE AGREEMENT ITEM#70884 (Continued) Stakeholder and Public Notifications • Virginian-Pilot notification ran Oct. 11th • Email notifications to Slipholders on October 12th • Email notification to Lynnhaven Colony Civic League,Shore Drive Community Coalition, Lynnhaven Landing Condo Association, and Leaner Cove Condo Association—October 12th QUESTIONS? 6 Mayor Dyer expressed his appreciation to Mr. Kirschman for the presentation. October 20, 2020 19 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTER FRANCHISE AGREEMENT AMENDMENTS ITEM#70885 3:40 P.M. Mayor Dyer welcomed Brian Solis, Assistant to the City Manager for Special Projects. Mr. Solis expressed his appreciation to City Council for their continued support: VirgimaBeach Motorized Scooters Franchise License Agreement Update Directional Briefing Virginia Beach City Council Brian Solis,Assistant to the City Manager for Special Projects October 20, 2020 Here is the Briefing Agenda: Briefing Agenda 1. Background 2. Changes in Franchise agreement terms requested by companies 3. Options for consideration October 20, 2020 20 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTER FRANCHISE AGREEMENT AMENDMENTS ITEM#70885 (Continued) Here is the Background: Background Aug 8 iii arrives,ppe ales ninsBy In iQgsD.;::::2 .tia;s;>>: :Inter I April<2019 `Bird reemergeb durtt. IT..Festival and stays to .................iflmugntgav•20t& City Code ...:.::.....::.:::.:::.::..... :...:.:':' iri ill`11Rk.::_:::.:: :;i:i:is:;.-..`i.>:.iia K.`i:•`::i.iii.;:...:>.: > ....::i:::::::::i > i::,. ,.. iifi B, lAl1.V4 Ati#Bt060f t17!..:.::: *. .:::s:. !: .....:-4 dinente#dkrMd„9:motoiizetl:: :':: ::�.:S co• t'B:it1:I oNett:lalfif.:::.i)ii:.::::i:::>::: .:::;:::::::.:.:.:<:;:. New era 2 9' :E yCoufl ado tsotdinancmp.hib requiring :.::.:.:::::.:.:>.:.:>.:.:>.m0tor.°6tis terseastE1f: rctiG:Avenu& >:::<:. : >:: franchise >:::ll o v:01$::>ItY i spts oadina leq ;..frandusrf : : agreementslicense ::::::E39C9.Tn:::i.. :> :::; >;;>>:;::; ::::::::::::::::: Background continued... w:Fan.=F 2020 T l ranchise License Agreement RFP process Mar 2020—..Scheduled Cay>Council franchise ag �nt oi+dina ce. >`t.: postponed diie 1b CDVit3: 9 pandemic affect on ptthtia ::: meetings tar city business ::>>: Franchise 21t1� Council a�tharize City tvtanagec is•award four€: license �i Agreement �ratc�,>3�+lipartzits to 8vei;:..rtipy:8p;n artd v�: .:.::: :.:.::.. Process ;'July 2028. All io it cotnpaitFtis regitest Cityi tCr zenegadate] tt efl�:le [lS::::: :::. .:: .<:.. 04:.c�OuioikiP?.tint@4 r1ei1.7.h!'&'�wltigC?#pfz6# ::: ..:..:....:::.. :.:::;::: :: .:at,�na� e: fWieyfa>'e;..:��>mptl;afr::>:::>:•:>:_>� ..:.: . ti;::4 110. . q. .: C ;tae hmarigngand.mweiEngssaRfa..:.:..::. :.: :: October 20, 2020 21 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTER FRANCHISE AGREEMENT AMENDMENTS ITEM#70885 (Continued) The next several slides provide details for each of the requested terms changes: Requested terms changes 1. Indemnity clause 2. Insurance requirements 3. Company response time to improper scooter parking 4. Scooter impoundment 5. Process for revoking franchise license 6. Waiver of liability clause Indemnity clause The companies read of the agreement's indemnity provision is that it is broad and would require the companies to indemnify the City for any damages incurred by the City. The City Attorney's Office does not agree with that interpretation and strongly opposes modifying the provision as the clause is plainly limited to the acts/omissions of the Franchisee. The companies agreed that the clause would remain in the agreement as written. October 20, 2020 22 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTER FRANCHISE AGREEMENT AMENDMENTS ITEM#70885 (Continued) Insurance requirements The companies requested setting the General Liability Insurance at$1,000,000 per occurrence and $2,000,000 aggregate with the Umbrella to remain at $5,000,000 versus the combined$10,000,000 of insurance coverage in the existing agreement. This issue was raised during the RFP process by one of the companies. The City's Risk Management Division is agreeable to these terms. Company response time to improper scooter parking Agreement requires companies address improper scooter parking within 30 minutes of being notified they are parked illegally or be fined$50 per occurrence. The companies requested more reasonable timeframe to remedy improperly parked scooters and suggested warnings to companies before levying fines. Based on average remedy timeframes of localities surveyed, staff will recommend Council amend agreement to increase required service time to two (2)hours during regular business hours of 9:00 a .and 5:00 p.m.and four(4) hours outside of regular business hours. October 20, 2020 23 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTER FRANCHISE AGREEMENT AMENDMENTS ITEM#70885 (Continued) Scooter impoundment Companies do not believe scooters should be impounded if parked illegally at no fault of theirs because it will create additional cost pressures on companies. Staff will recommend to Council to clarify franchise agreement that City will not impound scooters as long as they are legally in City's right-of-way and legally-allowed locations. Scooters may be impounded if companies do not remove them from illegal locations,such as blocking sidewalks and other areas required for ADA accessibility,within time frames outlined in company response time provisions. Process for revoking franchise license The companies indicated concern about the franchise agreement provisions that could lead to a license being revoked. They asked the city to revise this provision and to enumerate specific actions that can lead to a permit revocation. Staff recommends the City Council authorize amendment of the franchise agreement to outline an escalation process that outlines waivers of violations if companies provide written assurances that violations have been cured. The intent is that the franchise license would only be revoked upon multiple violations of the agreement which go unaddressed. October 20, 2020 24 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTER FRANCHISE AGREEMENT AMENDMENTS ITEM#70885 (Continued) Waiver of liability clause Companies take issue with prohibiting the waiver of liability outlined in each company's own user terms and conditions. They indicate that when they responded to the RFP they did not fully understand the insurability issues that this provision creates. They pointed to other business models,such as watersport rentals and winter sport rentals,where such a provision would make the business uninsurable. The companies have collectively communicated that this provision would make it uneconomical to operate in the City because insurance would be prohibitively expensive if it could be acquired at all. Companies could include a waiver of the City of Virginia Beach in the user agreement. However,if the City is included in waiver,there is still the issue of a victim not having recourse.There is no uninsured rider pool for scooters. Waiver of liability clause Staff believes the provision serves a public policy goal of allowing an injured party the ability to seek redress from more than just the rider of the scooter. To the extent an injured party includes the scooter company,that injured party would possibly be limited in their ability to hold the scooter company responsible. Moreover, when an injured party is limited in whom it may hold responsible,this increases the likelihood the City will be brought into an action to recover damages. Consequently,staff does not recommend the liability clause be removed. Moreover,the presence of this provision may have discouraged potential proposers from responding to the City's RFP,so the removal of this provision post award casts some doubt on the City's franchise procurement process. October 20, 2020 25 CITY MANAGER'S BRIEFINGS MOTORIZED SCOOTER FRANCHISE AGREEMENT AMENDMENTS ITEM#70885 (Continued) Here are Options for Consideration: XB Options for Consideration Virginia Beach 1)Make amendments to franchise license agreement and bring back for City Council consideration at the next available public meeting. OR 2)Terminate procurement process and restart request for proposals process with modifications described, including modified liability language requiring riders to waive liability against the City and the motorized scooter companies. Mayor Dyer expressed his appreciation to Mr. Solis for the presentation. October 20, 2020 26 CITY MANAGER'S BRIEFINGS CONVENTION AND VISITORS BUREAU MARKETING AND TOURISM UPDATE ITEM#70886 4:00 P.M. Mayor Dyer welcomed Tiffany Russell, Convention, Tourism and Market Administrator Convention and Visitors Bureau. Ms. Russell expressed her appreciation to City Council for their continued support and distributed a copy of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Russell for the presentation. October 20, 2020 .` LAIN 1/1' V y z LLI J--' L r - + p v m , .7.: la ••-•'4. '1 i 1-7... _ ,.._ No ', 11 ! ' 1 • I ", .li. 1)11°11 • y:J gt: '' i up r �/ 4. y al: ', isill C l c E N • ITS .to � 11 1 1� y. 4- L p . h . i= o v I ry, N � 0O w _ • Q c 4:r-,2 00 4, IL, U W • ' •_Coil . .. -.,! , L r6 LL 0 Ii. ',uY I,N 1\ L.) 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COVID - 19 TOURISM RE Weekly Hotel Occupancy Recovery Year-Over-Year (Jan. 26-Aug. 29) I. _.... .. ..._1 -... 2019 ' ---6 \ 75 % / 4S......N.......................„.,..0.-- ___ , 's ...........a...............ro., ..s..e...7"-..--..--"r 50 ‘.../ -.1r........__......,_ 2020 n 0 1/4 a\ „6 ..,,do ti o ti ti •q�ti �, .o 0O0 tih 4Y,4titi 0" ary>pv't 0 p0 .h )~�1. `ti�9 v,� JpeYP i:�1 iti,,0 41xe PPP 0 ' ry '4t' 'l ct1166 ' 4 ,S 4 3��6 `° oti 4'. 4tb A A\ A\ 4 Source: Smith Travel Research 5 COVID - 19 TOURISM R Weekly Hotel Occupancy Recovery Year-Over-Year (Jan. 26-Aug. 29) 100 0. 2019 75 9650 ...//, mmi $$ 81 ,093 ,017 2020 40 HOTEL REVEN tift YTD JAN—AUG % 'S O '� 'r 0 h ti 0 �i 'L 9 Cl ti ,,Qf el. �r �pti �0 tiK ,yti ,yg titi .,a" a .per ti� tip' tib' ti �`�~ tipe\ry ti`0\ti ,,,,e ,\-• ti\'+ g�� rye0' rye0 0\ti ,,,ti �ti V'�'i 'LPIO IfP.,, el. O 'YA et. • , 4",:, ^i . p�„'1 Osa,,0 00,.<, 44'6 4,�•p 4,5s 'c '! 4 O 4b„6 `� 0\ 41 41, 4" ^\'Y ,\\'r '\\ O\O c§ g\1. ll. 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I .1 ' - i i • , , . • . , . . . .. • • I ' . , WEB MEDIA ROI TRACKING W U Z Q t LL cc ADARA RESULTS - JUNE- AUGUST 2020 W 0 2 r es 1 e e0 1 mg ow $ 12 , 816 , 731 MI IIII "" HOTEL BOOKING REVENUE* ■... iiii: lull lull lull lull .. .. *BASED ON 60% SITE TRAFFIC, SELECT 1 .27M 19,304 TRAVEL BOOKING WEBSITES PARTNERS, HOTEL HOTEL ONLY $1.7M DIGITAL MEDIA TAGGED FOR SEARCHES* BOOKINGS* TRACKING PURPOSES JUNE-AUGUST ‘01,._ 0 i 11/4 0 , *REPRESENTS 39/ ROOM INVENTORY 23 , , I \ , AN D & STUDY AMPAIGN LAUNCH Z a `� r J • a �� �` } ce Sari Sid 8,- SP Sod. & Surf; Sid & Uoccr ice AWAITS ai STATUS MEETINGS -r w STUDY HALL STUDY HALL LERRNMORE► LEARN MORE► ire \ LEARN MORE I. LEARN MORE► t Iril t 444 ,+n'.1 - , 'Inin - • AVIRGI(1IA . '- r V�\. EAC ,:*� ' - mil- --- w ErRCH s: \■ � •. ,:EACH '+ '� .,,,, p� BEACH .._. .-.- , (� „� .. .. ....� ,' ! e ` rve rHe MA .:emu. .. a#11 II r kid..? Prefer Oar �t'cdcf` i t SESSION ( VIRTUAL CLASSROOMS FALL SPORTS LEARN MORE I. \ IERRN MORE► ,,, LEARN MORE► R - _ M uy. '—gym. a, ,, VIRGIf11A s- �` BE CH BEACH ei - 0 a �.� '. Lave rH[uee # "' . trv[1 Ve[ till ,.• • '. 'N rC,iH 24 z o ,7) it E U 414 4 Z h 0 iii c) V I RG M I R PC H () LIVE THE LIFE KYOU,.. s .., ,-,.„ .,. ,. • 44, , , . .. „:,.... , ..„. ..., , . , ,•,-,., .,.. ,;. , , ., ,,„,,!„...„.,..f-,,. . , ,.',.,.:,,,,,,,:;,., ... 4 ,,t' ,--v. -,./.•,..----'''''' • tr;'.-'-',7-,--t-;',..-.,:....,:"7:..',''''-'4, ' , . . •',,,,.•;,..,?..4W.;".q''.•,.,:. - .• , . \''',),.,,,•,,,,\•,,, , • - -'-‘:.;-.',.1.•,;',-,2's '' • i- .• • - . • . ,... , ,,, .. •:#,-, ,- ,--..,. V I S I TV I R G I N I A B ER C H.C 0 M/ P 11 RTN E •',,. '',v., 25 , .., ..„,,..., 27 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#70887 4:20 P.M. Mayor Dyer welcomed Alice Kelly, Director—Finance. Ms. Kelly expressed her appreciation to City Council for their continued support: FY2o21 Interim Financial Statements A n e through September 3o, 2020 Alice Kelly,Director of Finance October 20,2020 Here are the FY 2021 General Fund Revenues and Expenditures as of September 3Oth: FY 2021 General Fund Revenues and Expenditures September 30, 2020 (S in millions) Budget XTQ Variance Revenues Local $ 997.6 $ 72.9 $ (924.7) State 161.7 25.7 (136.0) Federal 23.0 4.2 (18.8) Total Revenues $1,182.3 $ 102.8 $ (1,079.5) 8.7% Expenditures City Operations $ 741.2 $ 229.2 $ 512.0 City Capital Projects-Cash Funding 48.9 48.9 - Trsf to Schools 439.0 109.7 329.3 Total Expenditures $1,229.1 $ 387.8 $ 841.3 31.6% Amounts appropriated from Fund Balance $ (46.8) (encumbrances,approved carryforwards and others) October 20, 2020 28 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#70887 (Continued) Here are the FY 2021 General Fund-Local Revenues: FY 2021 General Fund - Local Revenues September 30, 2020 ($in millions) FY 2021 FY 2020 Budget II °ln 3a11 °ln Local Revenues: Real Estate Taxes $ 581.0 $ 5.1 0.9% $ 2.2 0.4% Personal Property Tax 104.7 5.7 5.4% 8.7 7.9% Other Local Taxes• 229.7 44.8 19.5% 46.3 18.2% Charges for Services 45.3 8.1 17.9% 9.5 25.4% Use of Money and Property 7.2 2.0 27.8% 3.7 38.0% Fines,Fees and Regulatory Licenses 8.6 2.0 23.3% 2.0 20.5% Other Local Revenue 3.0 0.6 20.0% 0.5 7.1% Transfers 18.1 4.6 25.4% 2.8 18.0% Total Local Revenue $ 997.6 $ 72.9 7.3% $ 75.7 7.5% •Some examples of other local taxes are:Sales,Meal,Hotel,Utility and Telecommunications Taxes Here are the Trustee Taxes March through September 2020 vs 2019: Trustee Taxes March through September 2020 vs 2019 March L1pi tiay lune My Aueug September Hetek 2019 $ 4,049,695 $ 1,981,606 $ 2,529,218 $ 3,585,465 $ 5,276,334 $ 6,683,567 $ 6,332,151 2020 503,179 886,278 4E6,931 1,823,285 4,100,503 4,822,551 5,974,441 Difference a.(ona.) (3,546,516) (1,095,328) (2,043,284) (1,762,180) (1,175,831) (1,861,016) (357,710) -88% -55% -81% -49% -22% -28% -6% Meg 2019 4,268,089 6,543,926 5,790,781 6,314,715 6,919,767 6,917,362 6,383,237 2020 3,492,910 4,316,092 2,632,941 1,540,479 843,992 6,014,374 6,087,066 Difference a.lona.i (775,179) (2,227,834) (2,957,810) (4,774,236) (6,075,775) (902,988) (296,171) -18% -34% -51% -76% -88% -13% -5% Admissions: 2019 324,208 389,605 606,030 748,364 1,454,865 1,366,934 982,999 2020 178985 222,783 52,452 69,424 210,284 467,693 315,228 Difference q.ions.) (145,223) (166,822) (553,579) (678939) (1,244,581) (89,3,241) (667,771) -45% -43% -91% -91% -86% -66% -68% Geneni Sales: 2019 4,421,666 1,472,63 5,506,848 5,459,852 6,006,400 6,018,683 7,471,999 2020 4,903,345 4,454,350 5,360,274 4,906,028 5,715,400 6,704,909 7,085,459 Difference'.c(Uu.i $ 481,679 $ (18,303) $ (146,574) $ (553,824) $ (291,000) $ 686,226 $ (386,540) 11% 0% -3% -10% -5% 11% -5% October 20, 2020 29 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#70887 (Continued) Here are the Hotel Taxes March through September 2020 vs 2019: Hotel Taxes March through September 2020 vs 2019 $8,000,000 $7,000,000 56,000,000 55,000,000 54,000,000 53,000,000 $2,000,000 51,000,000 5- March April May June July August September �2019 �2020 Here are the Meal Taxes March through September 2020 vs 2019: Meal Taxes March through September 2020 vs 2019 58,000,000 57,000,000 $6,000,000 55,000,000 $4,000,000 $3,000,00D 52,000,000 51,000,000 5- March April May June July August September �2019 -2020 October 20, 2020 30 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#70887 (Continued) Here are the FY 2021 Charges for Services and Other Fees (All Funds): FY 2021 Charges for Services and Other Fees (All Funds) September 30, 2020 ($in millions) FY 2021 FY 2020 Budget YTQ °lr XIQ °ln Charges for Services and other Fees: Virginia Aquarium* $ 10.0 $ 2.2 22.0% $ 3.7 35.0% Human Services* 26.1 5.0 19.2% 5.1 20.2% Convention Center* 3.8 0.1 2.6% 0.6 17.9% Libraries* 0.6 0.1 16.7% 0.1 18.0% Parks and Recreation Fees 16.1 1.2 7.5% 3.3 18.8% Water and Sewer Utility Fees 127.5 29.6 23.2% 28.6 22.3% Storm Water Utility Fees 45.5 9.7 21.3% 9.6 21.1% Waste Management Fees 37.6 7.9 21.0% 7.8 21.0% *General Fund Note:Convention Center includes Use of Money and Property-Rental Income Here are the FY 2021 General Fund-Expenditures as of September 30t: FY 2021 General Fund - Expenditures September 30, 2020 ($in millions) FY 2021 FY 2020 Budget YID °ln Expenditures: Salaries* $ 304.6 $ 75.7 24.9% $ 68.6 22.0% Fringe Benefits* 114.7 27.4 23.9% 25.6 23.4% Other Operating Expenses 193.1 81.4 42.2% 79.2 41.9% Leases 9.7 5.4 55.7% 2.4 28.6% Capital Outlay 8.2 - 5.3 64.6% 2.5 27.5% Transfers 535.6 171.7 32.1% 175.3 32.5% Debt Service 58.8 20.9 35.5% 19.7 36.2% Reserve for Contingencies 4.4 - 0.0% - 0.0% Total Expenditures $ 1,229.1 $ 387.8 31.6% $ 373.3 30.4% *FY2021 includes Hazard,Emergency Responders and Appreciation Pay-$6.0M Note:FY2021 Encumbrances are$8M higher than prior year. October 20, 2020 31 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#70887 (Continued) Here is the FY2021 General Fund Summary as of September 30`h: FY2021 General Fund Summary September 30, 2020 GENERAL FUND REVENUE AND EXPENDITURE 2-YEAR GLIDE PATH >ID% - 1 ACTUAL REVENUES YTD•$102.8 M/81.1E2.3 M I IDA% 11141% IACTUAL EXPENDITURES YID.SEESAW/S1,229.1 M WA 72A% MA% 60% 54.7% 42.1% M.1% 4S.2% 42.1% 21.4% so% 31.3% m% 1f.•% art% If 3% R.•% SA% lA% 4A% R.NI► 4% M As Sop Oct N. Do M Feb N. Mr Ng Om 9 Here is the Summary: Summary • FY 2020 City had $35 million of eligible CARES expenses • FY 2020 Schools: • Revenue Sharing Formula True Up—School reverting$3 million to City • Reversion amount$39 million • FY 2021 General Fund Revenues and Expenditures tracking comparable to prior years as a % of budget. October 20, 2020 32 CITY MANAGER'S BRIEFINGS INTERIM FINANCIAL UPDATE ITEM#70887 (Continued) Here are the Next Steps: Next Steps FY2021 October Update November 24, 2020 I • ` •: mancia •date and FY2021 November Update- December 8, 2020 ilt'l4t�1 •iail� f•i•t►c` ii�t•�iitiF January 19, 2021 Mayor Dyer expressed his appreciation to Ms. Kelly for the presentation. October 20, 2020 33 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#70888 4:45P.M. Mayor Dyer welcomed David Bradley, Deputy City Manager. Mr. Bradley expressed his appreciation to City Council for their continued support: 11/4B Virginia Beach RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS OCTOBER 20,2020 DAVID A.BRADLEY,DEPUTY CITY MANAGER Here is the Background COVID-19 Related CIP Issues: BACKGROUND COVID-19-RELATED CIP ISSUES • $21.8M of pay-as-you-go financing for 14 CIP projects placed on hold —do not anticipate requesting release of these funds until after 2nd quarter financial results are completed • $30M for renovations of Buildings 1, 2, and 11 in a reserve to ensure positive cash flow • Purchase of replacement helicopter put on hold in March 2020 • Burton Station Fire/EMS Station construction contract delayed October 20, 2020 34 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#70888 (Continued) The next four(4)slides provide information on Municipal Center Renovations: MUNICIPAL CENTER RENOVATIONS June 2019 387 Building 2 employees moved to 28 locations July 2, 2019 City Council briefing on renovation concept July 9, 2019 City Council approves CIP 3-714—"Operation Facility Renovations"and appropriates$4 million August 17, 2019 Moseley Architects/City staff commence Bridging Documents March 31,2020 Issued Request for Proposal to five qualified firms July 1, 2020 City Council approves$30M in FY 21 and $49M in FY 22; $30M placed in reserve Sept 1, 2020— Multiple proposals received, evaluation on-going pending City Council releasing the reserve MUNICIPAL CENTER RENOVATIONS • Total Cost: $83M to renovate three buildings Building 1: Planning and Public Utilities Building 2: Virginia Beach Police Department Headquarters and Police First Precinct Building 11: Public Works and part of Information Technology • Funded by PFRBs, associated debt service expected to begin in FY 2023-24 October 20, 2020 35 • CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#70888 (Continued) MUNICIPAL CENTER RENOVATIONS • Favorable bid climate. Delaying project and re-soliciting proposals later may result in increased prices for design and construction. • Leases in place until the fall of 2024 for former Building 2 departments. _ Delaying renovations could require \IIhl•'llil/, I,f_hl'h extensions. IaINll'll'%;I , • ReconsolidatingPlanning Public - 9, Utilities, Public Works and Information Technology at Municipal °r:rec Sae = • w. . Center will restore customer service 5 and interdepartmental coordination. , , ler* A FEW IMAGES OF THINGS TO COME . . . 6 October 20, 2020 36 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#70888 (Continued) The Helicopter Replacement purchase was delayed on March 25, 2020, to limit spending: HELICOPTER REPLACEMENT • Replace 1989 Bell 206 helicopter • Project funded at $4,793,578 • March 3, 2020 - City Council transferred l:': rl viar funding between Replacement for the Rudee Inlet Dredge (#8-402) and Police Department Nti w"; Helicopter(#3-122) M, • March 25, 2020 - helicopter purchase delayed to limit spending in response to COVID-19 concerns 7 HELICOPTER REPLACEMENT • Replacement parts for current 1989 Bell helicopter increasingly more difficult and expensive to find • Replacement will be same model as other helicopter making it cheaper and easier to maintain • Since Council action in March, additional savings have been negotiated (new price $4,556,561) • $237,017 savings in project will be used in FY22 CIP • Funding not in a reserve and fully available October 20, 2020 37 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#70888 (Continued) The next three(3)slides provide an overview of the Burton Station Fire/EMS Station Project: BURTON STATION FIRE/EMS STATION • Project#3-075 -first programmed in FY 2016-17 CIP, fully funded in FY 2018-19 • Total cost $7,810,000 • Construction bid opening was February 25, 2020 • Contract not awarded (halted non-essential purchases and new FTEs were eliminated from revised Operating Budget) • Low bidder has agreed to extend their bid through December 31, 2020 — if notified by November 1, 2020 BURTON STATION FIRE/EMS STATION • Funding not in a reserve. fully available for use ' • Construction period is 14 months '` • FY j� mtrrn, 2021-22 will require partial year ;1,, -) funding for 30 firefighters and 6 • ' �� paramedics, annualized in FY 2022- •:164.• 23 at estimated $2.9 million October 20, 2020 38 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#70888 (Continued) \ holm • • FIRE EMS STATION BURTON STATION Here is the purpose for conducting a Market Salary Survey: MARKET SALARY SURVEY • Will bring ordinance to City Council requesting transfer of $200,000 from Reserve for Contingencies • Funding originally in Proposed FY 2021 Budget, eliminated due to reductions • Last market salary survey was 2011 • City is having difficulty retaining and filling certain positions • Results will allow City to better leverage salary funding in the FY 2022 budget October 20, 2020 39 CITY MANAGER'S BRIEFINGS RELEASING FUNDING RESTRICTIONS ON CERTAIN CIP PROJECTS ITEM#70888 (Continued) QUESTIONS? 13 Mayor Dyer expressed his appreciation to Mr. Bradley for the presentation. October 20, 2020 40 CITY COUNCIL LIAISON REPORTS ITEM#70889 5:02 P.M. Council Member Henley reminded Council Members of the Enhanced Public Engagement Proposal draft policy distributed last week and encouraged them to provide input to help formalize the policy and requested to have time for discussion on the October 27"Agenda. Council Member Henley advised there are several applications in the pipeline now and she wants to have an adopted policy to ensure necessary notice and communication occur. • October 20, 2020 41 CITY COUNCIL COMMENTS ITEM#70890 5:03 P.M. Council Member Henley advised the reforestation in Village D of Ashville Park is planned for October 27`h and 281h, as well as, Ocean Lakes Homeowners Associations'in early November. Council Member Henley invited anyone who would like to help to let her know. October 20, 2020 42 CITY COUNCIL COMMENTS ITEM#70891 (Continued) Council Member Henley advised the traditional City Council break in December begins after the Formal Session on December 8rh and believes that is too early to go on a break. Council Member Henley believes too many City Council Meetings have been missed during the pandemic and suggested having a third Session on December 15th • October 20, 2020 43 AGENDA REVIEW SESSION ITEM#70892 5:06 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: I. ORDINANCES/RESOLUTIONS 1. Resolutions to REFER to Planning Commission six (6) Ordinances pertaining to the City Zoning Ordinance (CZO) *(a-e Requested by Vice Mayor Wood, Council Member Jones and Council Member Tower): a. AMEND Section 102 re establish short term rental overlay districts b. ADD Article 23, Sections 2300 to 2303 re establish regulations and requirements to short term rentals in each overlay district c. AMEND Official Zoning Map by the designation and incorporation of property into short term rental overlay districts re West Shore Drive, East Shore Drive,North End,and Oceanfront Resort District d. AMEND Sections 401, 501, 506, 601, 901, 1110, 1125, 1521 and 2203 and Section 5.2 of the Oceanfront Resort District Form-Based Code re requirements and use of short term rentals and overlays e. ESTABLISH transitional rules for the review of short term rental Conditional Use Permits in overlay districts f AMEND Section 241.2 re establish additional safety requirements to short- term rentals(Requested by Councilmember Henley) 2. Resolution to MOVE the November 3, 2020, Regular Meeting of the City Council to November 10, 2020(Requested by Mayor Dyer and Vice Mayor Wood) 3. Ordinance to AMEND City Code Section 2-20 re location of City Council Meetings 4. Resolution to formally RE-ADOPT the Virginia Beach Emergency Operations Plan (EOP) 5. Resolution to AUTHORIZE the issuance and sale of General Obligation Refunding Bond,Series 2020, in an aggregate principal amount not to EXCEED$3,445,000 and the execution and delivery of certain documents prepared in connection therewith 6. Resolution to DESIGNATE Virginia Beach as a Bee City USA affiliate 7. Ordinance to ESTABLISH new Capital Improvement Projects for FY2020-21 and TRANSFER $738,534 from the Capital Project #100423 Traffic Safety Improvements (TSI) IV to the newly created capital projects: a. #100554 Independence Boulevard / Columbus Street Pedestrian Improvements b. #100555 Parliament Drive Sidewalk Phase I c. #100556 Sandbridge Road Sidewalk October 20, 2020 44 AGENDA REVIEW SESSION ITEM#70892 (Continued) 8. Ordinance to ADOPT revised regulations for Resort Area Outdoor Café Franchise 9. Ordinance to GRANT a Franchise Agreement for an Open Air Cafe in the Resort Area to Thirsty- 24,LLC t/a Atlantic Pints at 2314 Atlantic Avenue re Atlantic Avenue Sidewalk Café 10. Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Holly Road,LLC and Ola Hill Krueger(58.22 +/-acres) b. issuance by the City of its contract obligation in the maximum principal amount of$681,174; and c. TRANSFER funds to purchase U.S. Treasury Strips 11. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-owned Property for up to five (5) years with Back Bay Wildfowl Guild, Inc. at 1113 Atlantic Avenue re the deWitt Cottage 12. Ordinance to AUTHORIZE the City Manager to EXECUTE a Building Lease and Cooperative Agreement for up to five up to five (5)years with Senior Resource Center, Inc. at 912 Princess Anne Road re provide support and services to senior citizens residing in the southern part of Virginia Beach 13. Ordinance to AUTHORIZE the acquisition ofproperty in fee simple re Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP# 7-089 and the acquisition of temporary and permanent easements, either by agreement or condemnation 14. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-Owned Property known as Treasure Canal in Bay Island adjacent to 2233 Spinnaker Circle re construct and maintain a proposed boat lift 15. Ordinance to AUTHORIZE a temporary encroachment into a portion of existing, unimproved City right-of-way at the Corner of Schumann Drive,formerly Old Dam Neck Road,and Firefall Drive located adjacent to 685 Firefall Drive re construct and maintain an interpretive park comprised of an asphalt path, bordered with reclaimed brick,five (5) interpretive signs, three (3) benches, trash receptacles and a dog waste station 16. Ordinance to RESERVE Fund Balance within the General Fund for the Pandemic Financial Relief and Assistance and APPROPRIATE$10-Million in grants to the United Way of South Hampton Roads ($8-Million) and FY2020-21 Emergency Medical Services (EMS) Operating Budget ($2- Million)re emergency assistance for residents and nonprofit volunteer rescue squads 17. Ordinance to APPROPRIATE$2.4-Million of Fund Balance in the General Fund and$831,851 of Fund Balance in the Waste Management Enterprise Fund re purchase replacement vehicles and equipment October 20, 2020 45 AGENDA REVIEW SESSION ITEM#70892 (Continued) 18. Ordinances to ACCEPT and APPROPRIATE: a. $29,000 from the Virginia Department of Forestry to FY2020-21 Parks and Recreation Operating Budget and AUTHORIZE local match re tree plantings and review/update the Urban Forest Management Plan b. $36,000 from Virginia Department of Criminal Justice Services to FY2020-21 Police Department Operating Budget re purchase of sanitizing equipment c. $48,000 from the Department of Motor Vehicles (DMV) to the FY 2020-21 Police Department Operating Budget and AUTHORIZE 50% in-kind match re overtime related to the enforcement of DUI laws d. $48,200 from the Department of Motor Vehicles (DMV) to the FY2020-21 Police Department Operating Budget and to AUTHORIZE 50% in-kind match re overtime related to the enforcement of seat belt laws e. $288,975 from the Department of Homeland Security to the FY2020-21 Police Operating Budget and TRANSFER funds within the FY2020-21 Police Operating Budget to provide the required local grant match re marine patrol equipment f $49,000 from the Department of Homeland Security to the FY2020-21 Police Operating Budget re law enforcement equipment g. $39,258,497 from the United States Department of Treasury CARES Act Coronavirus Relief Fund to FY2020-21 Grant Fund re reimbursable expenses h. $70,991 from the Edward Byrne Justice Assistance Grant (JAG) to the FY2020-21 Sheriff's Office, Police Department and Community Corrections and Pre-Trial Services Division Operating Budgets re law enforcement purposes i. $836,401 from the Federal Emergency Management Agency (FEMA) to the FY2020-21 Emergency Management Operating Budget re Regional Housing Plan Project j. $2,941,791 from Housing and Urban Development(HUD)in Federal Funding and Program Income to the FY2020-21 Housing and Neighborhood Preservation Operating Budget re adjustments in Community Development Block Grant,Housing Choice Voucher and HOME Programs October 20, 2020 46 AGENDA REVIEW SESSION ITEM#70892 (Continued) 19. Ordinances to TRANSFER: a. $180,000 within the Waste Management Enterprise Fund and AUTHORIZE 7.5 temporary part-time positions re Apprenticeship Program b. $1.5-Million within the Stormwater Enterprise Fund re debt service payments c. $133,703 to Non-Departmental Operating Budget and AUTHORIZE the City Manager to enter into a long-term lease with the Commonwealth of Virginia re Virginia Aquarium parking lot premises October 20, 2020 47 AGENDA REVIEW SESSION ITEM#70892 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. 641h STREET,LLC for a Conditional Use Permit re short term rental at 205 64th Street DISTRICT 5—LYNNHAVEN 2. C AND C DEVELOPMENT COMPANY,INC& CJE REAL ESTATE,LLC for a Conditional Use Permit re short term rental at 2416 Arctic Avenue, Unit B DISTRICT 6—BEACH 3. STUART&LORI GOLDWAG for Conditional Use Permits re short term rental at 2002 Baltic Avenue: a. Unit A b. Unit B DISTRICT 6—BEACH 4. JKS PROPONENT PROPERTIES,LLC for a Conditional Use Permit re short term rental at 304 28t Street, Unit 209 DISTRICT 6—BEACH 5. RACHAEL PANARIELLO for a Conditional Use Permit re short term rental at 911 Pacific Avenue, Unit A DISTRICT 6—BEACH 6. CAROL DAVIS for a Conditional Use Permit re short term rental at 1305 Chickadee Lane DISTRICT 6—BEACH 7. OCEAN RENTAL PROPERTIES,LLC for Conditional Use Permits re short terms rental at 516 Norfolk Avenue: a. Unit 1 b. Unit 2 c. Unit 4 d. Unit 5 DISTRICT 6—BEACH 8. CHARLIE KIMfor a Conditional Use Permit re short term rental at 809 Vanderbilt Avenue DISTRICT 6—BEACH(Deferred from September 15, 2020) October 20, 2020 48 AGENDA REVIEW SESSION ITEM#70892 (Continued) I. ORDINANCES/RESOLUTIONS: ITEM#1 a f WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER JONES FILED A DISCLOSURE FOR ITEM Val COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#10a/b/c ITEM#13 WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 8, 2020 ITEM#15 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#18a/b/c/d/e/f/h WILL BE CONSIDERED SEPARATELY J. PLANNING: COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#1 COUNCIL MEMBER WILSON FILED A DISCLOSURE FOR ITEM#1 COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#1,2, 3, 4 and 5 ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY October 20, 2020 49 ITEM#70893 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Princess Anne District—ARP PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees October 20, 2020 50 ITEM#70893 (Continued) Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council voted to proceed into CLOSED SESSION at 5:11 P.M. Voting: 9-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi John D. Moss Closed Session 5:11 P.M. —5:55 P.M. October 20, 2020 51 SPECIAL FORMAL SESSION VIRGINIA BEACH CITY COUNCIL OCTOBER 20, 2020 6:00 P.M. Mayor Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Virginia Beach Convention Center, Suite 5, on Tuesday, October 20, 2020, at 6:00 P.M Council Members Present: Jessica P. Abbott,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: Michael F. Berlucchi *John D.Moss participated via WebEx from Holder Beach,NC, where he is caring for his elderly mother INVOCATION: Council Member Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate October 20, 2020 52 disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identin,any matters in which she might have an actual or potential conflict. If,during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. October 20, 2020 GlN�'$F,g .,.,,,,,, ...,.. .........,„ ,,.. s City of Virginia Beach „)., 2 °;y�frS of u A" ff 4. 1, uRNv, ,, VBgov.com JOHN MOSS PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE JDMOSSOVBGOV COM October 19, 2020 HONORABLE MAYOR Dear Mayor "Bobby"Dyer, Pursuant to Virginia Code§2.2-3708.2 and City Council Policy adopted March 31, 2020, 1 am notifying you that 1 have a family matter that precludes my in person participation; therefore, I will remotely participate in the Tuesday, October 20, 2020 City Council meeting. The specific family matter is my almost 94 year old mother is hospitalized post a serious medical event, and 1 hold the medical power of attorney for my mother, which requires me to be out of town. Sincerely, 11, John D. Moss Cc:City Council Members City Clerk City Attorney City Manager 4109 RICHARDSON ROAD.VIRGINIA BEACH.VIRGINIA 23455 53 ITEM— VILC CERTIFICATION ITEM#70894 Upon motion by Council Member Wilson,seconded by Council Member Abbott, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Abstaining: John D. Moss Council Members Absent: Michael F. Berlucchi October 20, 2020 GOA•BFAC 4,7 yL l ° ram=p . Of OUR %R. 5 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#70893 Page 50 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. 114 A *n%, Barnes, MMC City 4 erk October 20, 2020 54 ITEM— VILD.1 MINUTES ITEM#70895 During the Planning Commission Meeting, held on October 13, 2020, at the Virginia Beach Convention Center, Vice Chair Weiner made a motion to APPROVE, seconded by Commissioner Alcaraz, the MINUTES of the JOINT SPECIAL SESSION of September 8, 2020. Voting: 5-0 Planning Commission Members Voting Aye: George Alcaraz, Walter Graham, Dee Oliver,Jack Wall and David Weiner Planning Commission Members Abstaining: Donald Horsley, Robyn Klein and David Redmond Planning Commission Members Absent: Steve Barnes, John H. Coston and Michael Inman October 20, 2020 55 ITEM— VILD.2 MINUTES ITEM#70896 Upon motion by Council Member Wilson, seconded by Council Member Tower, City Council APPROVED the MINUTES of the JOINT SPECIAL SESSION of September 8,2020 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 56 ITEM— VILD.2 MINUTES ITEM#70897 Upon motion by Council Member Wilson, seconded by Council Member Tower, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSION of September 15, 2020 Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 57 ITEM— VII.D.3 MINUTES ITEM#70898 Upon motion by Council Member Wilson, seconded by Council Member Tower, City Council APPROVED the MINUTES of the SPECIAL SESSION of September 22,2020 Voting: 6-0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Abstaining: Jessica P.Abbott, Louis R.Jones, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Michael F. Berlucchi October 20, 2020 58 ITEM— VILD.4 MINUTES ITEM#70899 Upon motion by Council Member Wilson, seconded by Council Member Tower, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of October 13, 2020 Voting: 9-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Vice Mayor James L. Wood Council Members Absent: Michael F. Berlucchi October 20, 2020 59 ITEM— VILE. MAYOR'S PRESENTATION ITEM#70900 RESOLUTION IN RECOGNITION—Erin Sutton Mayor Dyer welcomed and recognized Erin Sutton for her outstanding service to the City through her leadership and contributions as the Environmental Health Manager, Emergency Planner and Medical Reserve Corps Director for Department of Health, including her recent work as the Director of Emergency Management. On behalf of City Council, Mayor Dyer expressed sincere appreciation and congratulated Ms. Sutton on the next chapter in her career. Ms. Sutton expressed her appreciation to City Council for their support and recognition. October 20, 2020 t - OUR NAB°MS RESOLUTION WHEREAS:Erin Sutton has served the City since 2004,and recently as the Director for the newly established Office of Emergency Management; WHEREAS:She established the Virginia Beach Incident Management Team(VBIMT),composed of emergency management professionals across the City; WHEREAS:As Director for the Office of Emergency Management, she established a foundation of emergency preparedness in the City by developing the City's Emergency Operations plans with best practices, creating public awareness programs for hurricanes and severe weather, building partnerships in the region, and coordinating numerous trainings and exercises; WHEREAS::She led the City's response and recovery efforts through numerous disasters and incidents,including but not limited to the Corona virus Pandemic, May 31"Mass Shooting, Oceana Jet Fuel Spill, and Hurricane Matthew; WHEREAS: She has also served the City as the Environmental Health Manager, Emergency Planner and Medical Reserve Corps Director for the Department of Public Health; WHEREAS:She served as a Planning Section Chief on the Hampton Roads Incident Management Team (HRIMT)and deployed to several planned events and disasters across the Commonwealth; WHEREAS:She has completed numerous certifications and trainings including Master Exercise Practitioner, Certified Floodplain Manager,and Certified Emergency Manager; WHEREAS:Her work was recognized with the VEMA Emergency Management Professional of the Year award in 2020; WHEREAS:Her dedication to continued education and training on emergency preparedness practices has helped the City immensely; WHEREAS: Under Erin's leadership, the City's emergency preparedness has developed and improved, and her work will continue to advance and benefit the City; WHEREAS:On this day, we honor a public servant who has led the City through some of it's most challenging times,and prepared the City to effectively face and recover from any disaster that we may encounter; NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to ERIN SUTTON for her outstanding contributions to our City and extends its congratulations on the next chapter in her career. Given under our hands this 20h day of October,2020. Council Member Jessica(P.Abbott Council-Member MichaefE.Berfucchi Council Member Barbara W.JCenfey Council Member Louis Jones Council Member Jobn(D.Moss Council Member Aaron Rouse Council%ember Guy 1(,Tower Council Member cpsemary Wilson Council MemberSa6nna D.Wooten Vice Mayor James L Wood Mayor&ben W.'Bobby"Dyer 60 ITEM— VILF.1 PUBLIC COMMENTS ITEM#70901 Mayor Dyer DECLARED a PUBLIC COMMENT: ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes There being no speakers, Mayor Dyer CLOSED the PUBLIC COMMENT October 20, 2020 61 ITEM— VII.F.2 PUBLIC COMMENTS ITEM#70902 Mayor Dyer DECLARED a PUBLIC COMMENT: 2021 LEGISLATIVE AGENDA The following registered to speak: Bill Thomas, 200 William R. Harvey Way, Hampton, Phone: 880-1653, spoke in SUPPORT Mark Swingle, 2130 Bayberry Street, Phone: 615-6334, spoke in SUPPORT Ida McPherson, Phone: 213-6970, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT October 20, 2020 62 ITEM— VII.G.1 PUBLIC HEARINGS ITEM#70903 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION OF AGRICULTURAL LANDS PRESERVATION(ARP)EASEMENT 58.22 acres at the 1200 block of Princess Anne Road The following registered to speak: Barbara Messner,P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 20, 2020 63 ITEM— VILG.2 PUBLIC HEARINGS ITEM#70904 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CAFÉ FRANCHISE AGREEMENT Thirsty 24, LLC t/a Atlantic Pints at 2314 Atlantic Avenue The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 20, 2020 64 ITEM— VII.G.3 PUBLIC HEARINGS ITEM#70905 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY Parking Use Agreement at Lynnhaven Municipal Marina with Chick's Marina Properties,LLC(13 spaces between 4 a.m. -4 p.m. & 24 spaces between 4 p.m. -4 a.m) The following registered to speak: Carl Eason, 200 Bendix Road, Suite 300, Phone: 554-0223,Attorney representing Applicant spoke in SUPPORT Gary Bradford, 3112 Lynnhaven Drive, Phone: 377-3535, did not respond Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in OPPOSITION Mike Wills, 3841 Jefferson Boulevard, Phone: 536-6682, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Joe Desormeaux, 2204 Covered Bridge Way, Phone: 481-0119, spoke in OPPOSITION Chris Ludford, 2405 Twin Lake Road,Phone: 663-6970, spoke in OPPOSITION Beverly Ludford, 4425 Delmar Drive, Phone: 778-3948, spoke in OPPOSITION There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 20, 2020 65 ITEM— VILG.4a/b PUBLIC HEARINGS ITEM#70906 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY a. 1113 Atlantic Avenue(deWitt Cottage) b. 912 Princess Anne Road to the Senior Resource Center, Inc. The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 20, 2020 66 ITEM- VILH. FORMAL SESSION AGENDA ITEM#70907 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 on Ordinances/Resolutions I:2, 3, 4, 5, 6, 7a/b/c, 8, 9, 10a/b/c, 11, 12, 13, 14, 15,16, 17, 18g/i/j and 19a/b/c and Planning Items J. 1, 2, 3, 4 and 5 Jay Boone, spoke in SUPPORT on Planning Items J: 1, 2, 3, 4 and 5 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT, Agenda Items Ordinances/Resolutions I: 2, 3, 4, 5, 6 7a/b/c, 8, 9, l0a/b/c, 11, 12, 13 (DEFERRED TO DECEMBER 8, 2020), 14, 15 (DEFERRED INDEFINITELY), 16, 17, 18g/i/j, and 19a/b/c and Planning Items J: 1, 2, 3a/b, 4 and 5 Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott,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: Michael F. Berlucchi I. ORDINANCES/RESOLUTIONS: ITEM#la f WILL BE CONSIDERED SEPARATELY COUNCIL MEMBER JONES FILED A DISCLOSURE FOR ITEM#la f COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#l0a/b/c ITEM#13 WILL BE CONSIDERED FOR DEFERRAL TO DECEMBER 8,2020 ITEM#15 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#18a/b/c/d/e/f/h WILL BE CONSIDERED SEPARATELY J.PLANNING: COUNCIL MEMBER MOSS WILL VOTE VERBAL NAY ON ITEM#1 COUNCIL MEMBER WILSON FILED A DISCLOSURE FOR ITEM#1 COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEMS#1, 2, 3, 4 and 5 ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY October 20, 2020 67 ITEM— VILL1a f ORDINANCES/RESOLUTIONS ITEM#70908 The following registered to speak: Carrie Copenhaver, 60316`h Street, Phone: 615-1764, did not respond Conrad Agresti, 501 Bushnell Drive, Phone: 703-919-9794, spoke in SUPPORT Gail Mottola, 115 88`h Street, Phone: 515-3449, spoke in OPPOSITION Janet Marino, 951 Maryland Avenue, Phone: 377-4250, spoke in OPPOSITION Todd Solomon, 2260 First Landing Lane, spoke in OPPOSITION Scott Ayers, 3780 Jefferson Boulevard, Phone: 639-5453, spoke in OPPOSITION Chuck Hartman, 2333 Rookery Way, Phone: 567-1469, spoke in OPPOSITION Mary Noonan, 3819 Jefferson Boulevard, Phone: 343-1077, spoke in OPPOSITION Greg Louis, 2348 Rookery Way, Phone: 760-289-9743, spoke in OPPOSITION Phil Rous, 3712 B Jefferson Boulevard, Phone: 309-253-5321, spoke in OPPOSITION Chris Harrell, 516 Surfside Avenue, Phone: 703-371-3281, spoke in OPPOSITION Robert Shelton, 2233 Sunvista Drive, Phone: 676-9075, spoke in OPPOSITION Jane Shelton, 2233 Sunvista Drive, Phone: 676-9075, spoke in OPPOSITION Mike Wills, 3841 Jefferson Boulevard, Phone: 536-6682, spoke in OPPOSITION Johnathan Macy, 3834 Jefferson Boulevard, Phone: 973-356-3047, spoke in OPPOSITION Ken Chrisman, 2237 Roanoke Avenue, Phone: 995-7611, spoke in OPPOSITION Patrick Gazzolo, 2101 Woodlawn Avenue, Phone: 635-5864, spoke in OPPOSITION Michael Gazzolo, 2120 Woodlawn Avenue, Phone: 613-2126, spoke in OPPOSITION Stacey Kellam, 3919 Whooping Crane Circle, Phone: 363-9143, spoke in OPPOSITION Howard Kern, 3824 Jefferson Boulevard, Phone: 613-9844, spoke in OPPOSITION Daniel Murphy, 3666 Sea Gull Bluff Drive, Phone: 435-4389, spoke in OPPOSITION Lee Atkins, 2201 Tanglewood Trail, Phone: 618-2200, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Nancy Parker, 273 23rd Street, Phone: 657-4848, spoke in OPPOSITION Jay Boone, spoke in SUPPORT Courtney A. S. Pharr, 2105 Woodlawn Avenue, Phone: 285-1688, spoke in OPPOSITION Tonya Tyburski, 220 Cavalier Drive, Phone: 703-963-8171, spoke in OPPOSITION Enit Lulushi, spoke in OPPOSITION Dave Unger, 3974 Whispering Oaks, Phone: 620-9433, did not respond Upon motion by Council Member Jones, seconded by Vice Mayor Wood, City Council ADOPTED, AS AMENDED, Resolution to REFER to Planning Commission Ordinances pertaining to the City Zoning Ordinance(CZO), (Requested by Vice Mayor Wood, Council Member Jones and Council Member Tower): a. AMEND Section 102 re establish short term rental overlay districts b. ADD Article 23, Sections 2300 to 2303 re establish regulations and requirements to short term rentals in each overlay district October 20, 2020 68 ITEM— VII.I.la f ORDINANCES/RESOLUTIONS ITEM#70908 (Continued) c. AMEND Official Zoning Map by the designation and incorporation of property into short term renal overlay districts re , East Shore Drive,North End, and Oceanfront Resort District d. AMEND Sections 401, 501, 506, 601, 901, 1110, 1125, 1521 and 2203 and Section 5.2 of the Oceanfront Resort District Form-Based Code re requirements and use of short term rentals and overlays e. ESTABLISH transitional rules for the review of short term rental Conditional Use Permits in overlay districts f AMEND Section 241.2 re establish additional safety requirements to short- term rentals(Requested by Councilmember Henley) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 ,-r ' 0 1 ec • ( ._ .. Z.) City of Virgiriia Beach L. OF OUR NAT,014%14 ��L'YVd LOUIS R.JONES October 20,2020 PHONE: (757)583-0177 COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669 Refer to File No. 0068089 Mrs.Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(H),Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote a resolution referring to the Planning Commission ordinances to amend the City Zoning Ordinance pertaining to short term rentals. 2. I have an ownership interest in a house located at 2245 Sandalwood Road, which is located within one of the overlay districts that would be established by these ordinances. 3. I am a member of a group of more than three persons, namely persons with ownership interests in residential properties within the overlay districts that would be established by these ordinances. 4. I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). Please record this declaration in the official records of the City Council. Thank you. Sincerely, Louis R. Jones Councilmember 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 LRJ/RRI REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION ORDINANCES TO AMEND THE CITY ZONING 3 ORDINANCE PERTAINING TO SHORT TERM RENTALS: TO 4 AMEND SECTION 102 OF THE CITY ZONING ORDINANCE 5 ESTABLISHING SHORT TERM RENTAL OVERLAY 6 DISTRICTS—WEST SHORE DRIVE, EAST SHORE DRIVE 7 NORTH END AND OCEANFRONT RESORT; TO ADD 8 ARTICLE 23, CONSISTING OF SECTIONS 2300 TO 2303, 9 (SHORT TERM RENTAL OVERLAY DISTRICTS) TO THE 10 CITY ZONING ORDINANCE ESTABLISHING REGULATIONS 11 AND REQUIREMENTS PERTAINING TO SHORT TERM 12 RENTALS IN EACH OVERLAY DISTRICT; TO AMEND THE 13 OFFICIAL ZONING MAP BY THE DESIGNATION AND 14 INCORPORATION OF PROPERTY INTO SHORT TERM 15 RENTAL OVERLAY DISTRICTS—EAST SHORE DRIVE, 16 NORTH END AND OR DISTRICT; TO AMEND SECTIONS 17 401, 501 , 601 , 901, 1110, 1125, 1521 AND 2203 OF THE CITY 18 ZONING ORDINANCE AND SECTION 5.2 OF THE 19 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 20 PERTAINING TO THE REQUIREMENTS AND USE OF 21 SHORT TERM RENTALS AND OVERLAYS; ESTABLISHING 22 TRANSITIONS RULES FOR THE REVIEW OF CONDITIONAL 23 USE PERMITS FOR SHORT TERM RENTALS IN THE SHORT 24 TERM RENTAL OVERLAYS 25 26 WHEREAS, the public necessity, convenience, general welfare and good zoning 27 practice so require; 28 29 WHEREAS, concern has been expressed that the density of short term rentals is 30 increasing too rapidly and that the number of short term rentals will make the city appear 31 vacant during the off season; and 32 33 WHEREAS, the five (5) ordinances are to amend the City Zoning Ordinance to 1) 34 create four short term rental overlay districts, 2)to establish the conditions for each overlay 35 district, 3) to amend the official zoning map with the four overlays, 4) to amend the 1 36 requirements for short term rentals in each zoning district, and, 5) provide transition rules for 37 short term rental conditional use permit applications; and 38 39 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 40 VIRGINIA: 41 42 There are hereby referred to the Planning Commission, for its consideration and 43 recommendation the five (5) ordinances attached hereto. 44 45 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 46 BEACH, VIRGINIA: 47 48 That the Planning Commission be, and hereby is, directed in accordance with Virginia 49 Code Section 15.2-2229 to transmit to the City Council its recommendations concerning the 50 aforesaid amendments no later than one hundred (100) days after the date of the adoption 51 of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of October , 2020. APPROVED AS TO LEGAL SUFFICIENCY: F%netq ity Attorney's 0 ice CA15135 R-8 October 21, 2020 2 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 1 AN ORDINANCE TO AMEND SECTION 102 2 OF THE CITY ZONING ORDINANCE 3 ESTABLISHING SHORT TERM RENTAL 4 OVERLAY DISTRICTS — EAST SHORE 5 DRIVE, NORTH END AND OCEANFRONT 6 RESORT 7 8 Section Amended: § 102 of the City Zoning 9 Ordinance 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 102 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 Sec. 102. - Establishment of districts and official zoning maps. 21 22 . . . . 23 24 (al) There are hereby established the following overlay districts: 25 26 (1) Shore Drive Corridor Overlay District ("SD"); 27 28 (2) North End Overlay District ("NE"); 29 30 (3) Old Beach Overlay District ("OB"); 31 32 (4) Historic Kempsville Area Overlay District ("HK"); 33 34 (5) Workforce Housing Overlay District ("WF"); and 35 36 (6) Short Term Rental Overlay District ("STR"). 37 38 a. East Shore Drive ("STR-E") 39 b. North End ("STR-NE") 40 c. Oceanfront Resort ("STR-OR") 41 42 Such districts shall be designated on the official zoning map by an appropriate notation 43 following the designation of the underlying zoning district. As an illustration, property in 44 the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be 45 designated on the official zoning map as having the classification "B-4(SD)." 46 47 . . . . 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -7(44 4 ,C.ii4,77Z 41, Planning D partmint City Attorney's Office CA15136 R-4 October 21, 2020 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICTS) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS IN EACH 7 OVERLAY DISTRICT 8 9 Sections Added: City Zoning Ordinance Sections 10 2300 - 2303 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through 19 2303, is hereby added and ordained to read as follows: 20 21 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICTS 22 23 Sec. 2300. Findings; intent. 24 25 The Virginia General Assembly has directed that short term rentals shall be 26 permitted as a principal use in the area defined as the Sandbridge Special Service 27 District. In addition, the City Council hereby finds that there are certain areas of the City 28 in which residential dwellings are, and historically have been, rented to vacationers or 29 others on a short term basis. In these areas, the City Council finds that such use, when 30 appropriately regulated, may be carried on without adversely affecting the adjacent 31 residential neighborhoods. In other areas of the City, short term rentals are not 32 compatible with the residential use of the surrounding properties and are often the 33 cause of excessive noise, illegal or improper parking, traffic violations, congestion and 34 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in 35 which they occur. The provisions of this Article allow short term rentals, with appropriate 36 restrictions, only in those areas directed by the General Assembly and/or in such other 37 areas in which short term rentals may be carried on without adversely affecting the quiet 38 enjoyment of neighboring properties. 39 The East Shore Drive Overlay is an area where multi-family dwellings are 40 common and is located very close to the Chesapeake Bay, where rentals have been 41 long established. Other areas of the Shore Drive Overlay contain more single-family 42 dwellings and are not as compatible with the activities of a short term rental. The North 43 End Overlay is also an area on the Atlantic Ocean that has seen a proliferation of 44 rentals for many years, and where rental of property during the summer is a common 45 experience, that does not increase the problems of strangers in a neighborhood. The 46 OR Overlay is in an area of the City that is more urbanized than other areas. 47 Commercial property and establishments are common, and there are few 48 neighborhoods that would be adversely impacted by short term rentals. 49 50 Sec. 2301. District boundaries. 51 52 (a) The Short Term Rental Overlay Districts boundaries shall be as 53 designated on the official zoning map of the city (STR). 54 55 fb) Other identified areas of the City may petition the City Council for an 56 overlay to be created if the identified community is able to gather the signatures of sixty 57 (60) percent of the owners of the properties in the community. Such communities shall 58 be pre-existing, and new community boundaries may not be created for the purpose of 59 meeting the requirements of this section for creation of a short term rental overlay. 60 Nothing in this section shall prohibit a member of the City Council from offering a 61 resolution proposing the creation of an overlay district. 62 63 Sec. 2302. Application of regulations. 64 65 The designation of any property as lying within a Short Term Rental Overlay 66 District shall be in addition to, and not in lieu of, the underlying zoning district 67 classification of such property, such that any property situated in a Short Term Rental 68 Overlay District shall also lie within one or more of the zoning districts enumerated in 69 Section 102(a) of this ordinance. All such property shall be subject to the requirements 70 of this Article as well as to all other regulations applicable to it, and to the extent that 71 any provision of this Article conflicts with any other ordinance or regulation, the 72 provision of this Article shall control. 73 74 Sec. 2303. Use regulations. 75 2 76 Subject to general requirements and to the regulations of the underlying 77 zoning district, all uses and structures permitted as principal, conditional or accessory 78 uses in the underlying zoning district in which they are located shall be permitted 79 within the Short Term Rental Overlay Districts. 80 81 (b) Short term rental overlay — East Shore Drive, North End and OR 82 a. Short term rental shall be a principal use if it complies with the 83 requirements of Section 241 .2 as modified as follows: 84 85 i. Add to condition (1): Parking spaces created to comply with 86 this condition shall not add additional impervious area to the 87 site. Area within a residential garage may be used for no more 88 than one (1) required space provided the available area within 89 the garage meets the dimensional requirements of this 90 ordinance. Driveway area located within the city right of way 91 may be utilized to meet the parking requirement provided there 92 is no traffic impact and the location of the parking space does 93 not block an existing sidewalk. 94 ii. Replacing condition (2): No events associated with the short 95 term rental shall be permitted with more than the allowed 96 number of people who may stay overnight (number of 97 bedrooms times two (2)) on the property where the short term 98 rental is located. This short term rental may not request or 99 obtain a Special Event Permit under City Code Section 4-1 100 (8a). 101 Hi. Replacing Condition (3): The owner or operator must provide 102 the name and telephone number of a responsible person, who 103 may be the owner, operator or an agent of the owner or 104 operator, who is available to be contacted and to address 105 conditions occurring at the short term rental within thirty (30) 106 minutes. The owner or agent must be capable of physically 107 responding to the site of the short term rental within thirty (30) 108 minutes at all times while the property is rented. 109 iv. Replacing condition (8): A short term rental shall have no 110 more than fifty-two (52) rental contracts during a calendar year, 111 v. Replacing condition (11 ): The maximum number of persons on 112 the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight 113 Lodgers") shall be two (2) individuals per bedroom, which 114 number shall not include minors under the age of 16, provided 115 that in no event may the total number of persons staying 3 116 overnight at the property exceed the number of approved 117 bedrooms multiplied by three (3). 118 vi. While the short term rental use is active, parking passes issued 119 for the subject dwelling unit(s) through the Residential Parking 120 Permit Program (RPPP) shall be limited to two resident passes 121 only. Guest and temporary passes through the RPPP shall not 122 be permitted. 123 124 LO The use regulations of this section shall not apply to short term rentals 125 within a Short Term Rental Overlay District that were grandfathered at the 126 time of adoption of the short term rental ordinance, which properties shall be 127 subject exclusively to the provisions of section 241.2. The use regulations 128 of this section shall also not apply to short term rentals within a Short Term 129 Rental Overlay District that are operating under the provisions of a 130 conditional use permit, which properties are governed by the provisions of 131 section 241.2 and the conditions of the permit. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9i-d-MO Planning D artment City Attorney's Office CA15116 R-7 October 21, 2020 4 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE DESIGNATION AND 3 INCORPORATION OF PROPERTY INTO 4 SHORT TERM RENTAL OVERLAY 5 DISTRICTS—EAST SHORE DRIVE, NORTH 6 END; AND OR DISTRICT 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the official zoning map of the City of Virginia Beach be, and hereby is, 15 amended by the designation and incorporation of the areas described below: 16 17 1) That property located in the Shore Drive Overlay District on the east side of the 18 Lesner Bridge and bounded as follows: from the centerline of Cape Henry Drive 19 and its continuation north along the eastern property line of the property 20 addressed 2817 Shore Drive (GPIN: 15904016980000), to the centerline of 21 Shore Drive, west along the centerline of Shore Drive, then its continuation 22 north along eastern property line of the property addressed 2800 Shore Drive 23 (GPIN: 15903180160000) to the Chesapeake Bay; then its continuation east 24 along the Chesapeake Bay to the western property line of First Landing State 25 Park; then its continuation south along the western property line of First 26 Landing State Park; then it's continuation east along the centerline Cape Henry 27 Drive and depicted by the attached map labeled, "Short Term Rental Overlay- 28 East Shore Drive." 29 30 2) That property located in the North End Overlay and depicted as such on the 31 Official City Zoning Map, except for that area located west of the intersection 32 of Holly Road and 58th Street; south to 49th Street as shown by the attached 33 map labeled "Short Term Rental Overlay—North End;" 34 35 3) That property located in the City of Virginia Beach, zoned as Oceanfront Resort 36 District and depicted as such on the Official City Zoning Map as shown on the 37 attached map labeled "Short Term Rental Overlay—OR District; Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • Planning partment City Attorney's Office CA15117 R-5 October 21, 2020 2 1; \ \ O'c-... (,3 \, \, t'�LL o < \ \ .,. \ --% ..AH la \ -4-1_ki3 ,,.-'-0117& __4/44/01 4V - :it:*1 ‘w \t) -4 ,4,1417") / \ . _____77 ,‘\.-,.'7,i40 •44:41$1.- . °.\\\*.t.*41:1--- riv.-7--/,__ - ,,,,_._.:a‘ it z ,.--_,Nv, ,, \),\ .r c .,,,*06 or ,-,'op.'\‘k,,151sivs_ .\ A, \,-/-;_ 14.7Zalvai "f;;P*,\‘'* ,,,„°*. - -''‘ ',7, . /1!",c1;i141 -" ,',4t3, tte)Agti,'-, ' ii0. e\ . c .\ V7&,‘,--. vt"-v, . ,, ,,‘,„\o, 10 ,_, ,,,z1 ,_„_, ' 3.0Al.\ qs: _,014.4,s �lit\ r,rpw $ 004. .0,0 c ,Danit, to! a % �° t �� ,��� , 1,100 „,. .\.--ttt.. .4� . .t000i , *10 =,00%;',. ' v : _- '1i;Avoicsioiv o-,4 Alro‘4 6 - --- tilt5 • , IC, - ra _:� toe*VA0', -tv-• tiV. *-1°'''- -.QVA.:\' w 061."'---- - A--1$-;'N° clt vo*Ata,_ . \., . ),_--ttstet-ittIA':Aittl. - cli tw. , .e .ostr4 ti vri6s,,,_:,-,---- \,, \\..tot." %7_, 4110illi 0 -404 . '\ or*. . .----:t \*.Vitl 0 ,, 4:14, .L., . ._. ,tet.V4) ! ti4 • \tuk.-. . ., -ov- .-4 •: - , % • '3 ::- A Vrot*. -- tli 0 1-_-1.-''11,11114.1" , ,011 'It' _:-Adilli% ....46114 a) IV i Ili .It-I, ' -I!!------- --Ipti til, 1‘ 0 ' ° ' '--.it9 '-'.YA'0- .•••, cilt‘ ED_ 0;14,,i1' '....., - ---tgltrii °It 0 4 tite.4 __-;L;:-.-----01,Ar to, c) _° - u) ,soi ___-_-1:01.:: ti lee, .:tiol 44\S • SI' . '' - .Al " 17) kOtIttO . ' . -*15;orA '' - (13 iii io � *0 .1.' O . �Q . f a< '_) W , Mar' O0 \' '0, -t z+u) 0 Q Short Term Rentals Overlay North End • t ,Str'eet \: _ratt4 \ et . r,, feet ` ram 8 p tVi- V txAket sr, 80 1.---•* -- v' till mil ! titi.1 �1 0 1ST t tv- 65tVi Sse a. 4a T b 1 . o trite Fit `I_l"-v I phi„,,oZ 1q4 xe , Ali et ;asssink ° ma: nCIIPPOS ,I. t moc ato:4t <c, a a`a e Masiisu 12, >► t O..; meal -a .ice $fix: rr r , Cavalier Dr 1 `, 61 0 0 o4ho. D r a n • Little CY I Neck o •Creek 15 "Py �n Ra 4, 0 4 Q �a 6 CD m v ~se I a `. c y co o 4 to a ,o 24th S1 3 co tI) F 7 a 7 r- ) 2 m nn 191h St V' . 1Bk-r'1 ' r :. .. -g!h="t 1011 t I;. c) J ,( Vir7. m /Jr N 1 4, CD a : at e 121hS1 i 1 r Norfolk Ave ; ., Y' Trail Co v w Lake o C. Recreation co Holly q Center L as It c a CD CD Y Marshview Park a, �a Oceanfront Resort District Boundary N Norfolk ElSources:Eso,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson, NCEAS,NLS,OS,NMA,Geodatastyrelsen,Rijkswaterstaat,GSA,Geoland, FEMA,Intermap and the GIS user community,Sources:Esri,HERE,Garmin, 2020 FAO,NOAA,USGS,©OpenStreetMap contributors,and the GIS User Virginia Beach Community,City of Virginia Beach Department of Planning&Community 0 0.2 0.4 Development,City of Virginia Beach Center of Geospatial Information Mi Services Coordinate System:NAD 1983 HARN StatePlane Virginia South PIPS 4502 Feet REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBERS JONES AND TOWER 1 AN ORDINANCE TO AMEND SECTIONS 401, 501, 601 , 2 901 , 1110, 1125, 1521 AND 2203 OF THE CITY ZONING 3 ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT 4 RESORT DISTRICT FORM-BASED CODE PERTAINING 5 TO THE REQUIREMENTS AND USE OF SHORT TERM 6 RENTALS AND OVERLAYS 7 8 Sections Amended: City Zoning Ordinance Sections 401, 9 501, 601, 901 , 1110, 1125, 1521, and 2203 and Oceanfront 10 Resort District Form-Based Code Section 5.2 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City Zoning 19 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 20 hereby amended and reordained, to read as follows: 21 22 ARTICLE 4. - AGRICULTURAL DISTRICTS 23 24 Sec. 401. Use regulations. 25 26 (a) Principal and conditional uses. The following chart lists those uses permitted 27 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 28 respective agricultural districts shall be permitted as either principal uses indicated by a 29 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 30 shall be prohibited in the respective districts. No uses or structures other than as 31 specified shall be permitted. 32 AG- AG- Use 1 2 Short term rental GX 6-X Short term rental within the Sandbridge Special Service District,* meeting all P P of the requirements of Section 241 .2 Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 P P 33 34 ARTICLE 5. RESIDENTIAL DISTRICTS. 35 36 37 38 Sec. 501. Use regulations. 39 40 (a) Principal and conditional uses. The following chart lists those uses permitted 41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 42 respective residential districts shall be permitted as either principal uses indicated by a 43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 44 shall be prohibited in the respective districts. No uses or structures other than as 45 specified shall be permitted. 46 Use R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Short term rental GGGGGG 6 " G 6 G X X ; X X X X X X X X Short term rental within the Sandbridge Special Service District* meeting all of the P P ' P P P P PPP P requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the requirements of PPPPPPPPPP Section 241 .2 and, where applicable, Section 2303 47 48 . . . . 49 50 ARTICLE 6. - APARTMENT DISTRICTS 51 52 . . . . 2 53 54 Sec. 601. - Use regulations. 55 56 (a) Principal and conditional uses. The following chart lists those uses permitted 57 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 58 respective apartment districts shall be permitted as either principal uses indicated by a 59 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 60 shall be prohibited in the respective districts. No uses or structures other than as 61 specified shall be permitted. 62 Use A- IA- A- A- 12 18 2436 Short term rental G X X X X Short term rental within the Sandbridge Special Service District* PPPP meeting all of the requirements of Section 241.2 Short term rental within an STR Overlay District, meetinq all of the PPPP requirements of Section 241.2 and, where applicable, Section 2303 63 64 65 ARTICLE 9. - BUSINESS DISTRICTS 66 67 . . . . 68 69 Sec. 901. - Use regulations. 70 71 (a) Principal and conditional uses. The following chart lists those uses permitted 72 within the B-1 through B-4K Business Districts. Those uses and structures in the 73 respective business districts shall be permitted as either principal uses indicated by a 74 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 75 shall be prohibited in the respective districts. No uses or structures other than as 76 specified shall be permitted. 77 Use B- B- B- B- B- B- B- 1 1 A 2 3 4 4C 4K Short term rental X X X X 6 x x X X X 3 Short term rental within the Sandbridge Special Service P P P P P P P District,* meeting all of the requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where 1 X X XXP P P applicable, Section 2303 78 79 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 80 81 Sec. 1110. - Land use regulation. 82 83 84 85 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 86 A-12 Apartment District other than hospitals and sanitariums, together with the 87 following enumerated uses and structures, shall be permitted: 88 89 (1) Fraternity and sorority houses, student dormitories and student centers; 90 91 (2) Housing for seniors and disabled persons, with a conditional use permit; 92 93 (3) Marinas; 94 95 (4) Private clubs or social centers provided that clubs where conduct of commercial 96 affairs is a principal activity shall not be permitted; and 97 98 (5) Residential care for seniors, provided that no more than two (2) employees 99 including a bona fide resident of the dwelling shall be permitted; and 100 101 (6) Home sharing meeting the requirements of section 209.6. 102 103 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 104 105 (1) Communication towers; 106 107 (2) Family day-care homes; 108 109 (3) Group homes; 110 111 (4) Kennels, residential; 112 113 (5) Religious uses; 114 115 (6) Wind energy conversion systems, free standing and roof-mounted; and 4 116 117 (7) Home-based wildlife rehabilitation facilities, provided that the principal 118 structure is a single-family dwelling and the lot is greater than two thousand 119 five hundred (2,500) square feet.and 120 121 (8) Short term rental. 122 123 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 124 125 . . . . 126 127 Sec. 1125. - Allowed uses. 128 129 Within the PD-H2 District, only the following uses and structures shall be permitted: 130 131 (a) Principal uses and structures. 132 133 (1) Dwelling units of the types specified in the land use plan; 134 135 (2) Public buildings, structures, and other public uses; 136 137 (3) Recreational facilities of the type described in the plan; 138 139 (4) Child care education centers, in connection with public or private 140 elementary schools or churches, provided that such uses shall not be 141 eligible for residential density credit; 142 143 (5) Day-care centers, provided that such uses shall not be eligible for 144 residential density credit; 145 146 (6) Public utilities installations and substations; provided offices or storage or 147 maintenance facilities shall not be permitted; and provided, further, that 148 utilities substations, other than individual transformers, shall be surrounded 149 by a wall, solid except for entrances and exits, or by a fence with a 150 screening hedge five (5) to six (6) feet in height; and provided also, 151 transformer vaults for underground utilities and like uses shall require only 152 a landscaped screening hedge, solid except for access opening; and 153 154 (7) Home sharing meeting the requirements of section 209.6; and 155 156 (8) Short term rental within a STR Overlay District meeting all of the 157 requirements of Section 241.2 and, where applicable, Section 2303. 158 159 (c) Conditional uses. 160 161 (1) Religious uses, provided that such use shall not be eligible for residential 162 density credit; 5 163 164 (2) Family day-care homes; foster homes and group homes, provided that such 165 uses shall not be eligible for residential density credit; 166 167 (3) Home occupations; and 168 169 (4) Housing for seniors and disabled persons.; and 170 171 172 173 . . 174 175 C. RT-3 RESORT TOURIST DISTRICT 176 177 . . . . 178 179 Sec. 1521. Use regulations. 180 181 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 182 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 183 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 184 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 185 buildings within the RT-3 District may include any principal or conditional uses in 186 combination with any other principal or conditional use. No uses or structures other than 187 those specified shall be permitted. All uses, whether principal or conditional, should to 188 the greatest extent possible adhere to the provisions of the Special Area Design 189 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 190 Plan. Use I RT-3 Short term rental O-X Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 191 192 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 193 194 . 195 196 B. - DEVELOPMENT REGULATIONS 197 6 198 . . . . 199 200 Sec. 2203. - Use regulations. 201 202 (a) The following chart lists those uses permitted within the Central Business Core 203 District. Uses and structures shall be allowed either as principal uses, indicated by a 204 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 205 shall be prohibited, unless allowed by special exception for Alternative Compliance 206 pursuant to Section 2205. No uses or structures other than as specified herein or as 207 allowed pursuant to subsection (b) shall be permitted. 208 Use ' District CBC Short term rental G X Short term rental within an STR Overlay District, meeting all of the P requirements of Section 241.2 and, where applicable, Section 2303 209 210 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 211 212 . . . . 213 214 Sec. 5.2. Permitted Use Table. 215 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Short term rental -- C_ -- -- C-- C-- C--- -- See Sec.241.2 Short term rental P P P P See,Sec.241.2 within an STR and 2303(c). overlay District meeting the requirements of section 241.2 and where applicable, Section 2303 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: --44, Planning Departlment City Attorney's Office CA15115 R-3 October 6, 2020 8 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES AND TOWER 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 3 SHORT TERM RENTALS IN THE SHORT TERM RENTAL 4 OVERLAYS 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 WHEREAS, the City Council has referred to the Planning Commission ordinances 10 creating the East Shore Drive Short Term Rental Overlay, North End Short Term Rental 11 Overlay and Oceanfront Resort Short Term Rental Overlay and providing new regulations 12 that would be applicable to a short term rental use within those overlays; and 13 14 WHEREAS, the referred ordinances would allow the short term rental use only in 15 those areas mandated by the General Assembly and in Short Term Rental Overlays; 16 17 WHEREAS, the short term rental use would no longer be authorized through the 18 granting of a conditional use permit if the referred ordinances are adopted; and 19 20 WHEREAS, it is the sense of the City Council that special transition rules should 21 be adopted to govern applications for conditional use permits for short term rentals that 22 are filed but not approved prior to the referral date of the ordinances. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Any application for a conditional use permit for a short term rental accepted prior 28 to the date of referral shall be processed based upon the law existing at the time of 29 submission. Any application accepted after the date of referral shall be considered based 30 upon the law applicable at the time of City Council consideration. No application shall be 31 unnecessarily delayed. 32 33 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That nothing in this ordinance shall be construed to affect any vested rights which 37 existed as of the effective date of the ordinance. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ?AetPlanning De artment City Attorneys ffice CA15137 R-6 October 21, 2020 2 REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AN ORDINANCE TO AMEND SECTION 241.2 3 OF THE CITY ZONING ORDINANCE PERTAINING TO 4 SHORT TERM RENTALS AND ESTABLISHING ADDITIONAL 5 SAFETY REQUIREMENTS PERTAINING TO SHORT TERM 6 RENTALS 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, concern has been expressed that due to two recent deck collapses at 12 properties operated as Short Term Rentals, additional safety regulations should be 13 implemented and 14 15 WHEREAS, the ordinance is to amend the City Zoning Ordinance to require property 16 owners to take additional measures to ensure the safety of all structures being used for 17 short-term rentals; and 18 19 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA: 21 22 There are hereby referred to the Planning Commission, for its consideration and 23 recommendation the ordinance attached hereto. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the Planning Commission be, and hereby is, directed in accordance with Virginia 29 Code Section 15.2-2229 to transmit to the City Council its recommendations concerning the 30 aforesaid amendments no later than one hundred (100) days after the date of the adoption 31 of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of October , 2020. 1 APPROVED AS TO LEGAL SUFFICIENCY: ipiVEUD q,01Vkib(r City Attorneys Office CA15174 R-1 September 23, 2020 2 1 AN ORDINANCE TO AMEND SECTION 241 .2 OF 2 THE CITY ZONING ORDINANCE, PERTAINING TO 3 SHORT TERM RENTALS AND ESTABLISHING 4 ADDITIONAL SAFETY REQUIREMENTS 5 6 Section Amended: City Zoning Ordinance Section 7 241.2 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 Sec. 241.2. - Short term rental. 16 Short term rentals shall be subject to the following conditions unless specifically 17 modified by action of the city council in granting a conditional use permit or creating a 18 short term rental overlay district: 19 20 (1) Any property utilized as a short term rental shall provide adequate off street parking 21 for its guests. A minimum of one parking space per bedroom is required. If such parking 22 cannot be provided on-site, the owner must submit a parking plan indicating how the 23 parking requirement will be met. Such plan shall be reviewed and approved by the 24 zoning administrator. Stacking of vehicles shall be allowed and no on-street parking 25 shall be part of the plan; 26 27 (2) No events with more than fifty (50) people present, shall be held absent a special 28 events permit. Events with more than fifty (50) people are limited to no more than three 29 (3) events in a calendar year. No more than one hundred (100) people shall be present 30 at any event held on the property; 31 32 (3) The owner or operator must provide the name and telephone number of a 33 responsible person, who may be the owner, operator or an agent of the owner or 34 operator, who is available to be contacted and to address conditions occurring at the 35 short term rental within thirty (30) minutes. Physical response to the site of the short 36 term rental is not required; 37 38 (4) No signage shall be on site, except that each short term rental is allowed one (1), 39 four-square foot sign, posted on the building which identifies the short term rental. 40 Architectural signs naming the structure are excluded from this limitation; 41 42 (5) To the extent permitted by state law, each short term rental must maintain 43 registration with the Commissioner of Revenue's office and pay all applicable taxes; 44 45 (6) There shall be posted in a conspicuous place within the dwelling a summary 46 provided by the zoning administrator of City Code sections 23-69 through 23-71 (noise), 47 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 48 (fireworks), and a copy of any approved parking plan; 49 50 (7) All refuse shall be placed in automated refuse receptacles, where provided, and 51 comply with the requirements of City Code sections 31-26, 31-27 and 31-28; 52 53 (8) A short term rental shall have no more than two (2) rental contracts during any 54 consecutive seven (7) day period; 55 56 (9) The owner or operator shall provide proof of liability insurance applicable to the 57 rental activity at registration and renewal of at least one million dollars ($1,000,000.00) 58 underwritten by insurers acceptable to the city; 59 60 (10) There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.; 61 62 (11) The maximum number of persons on the property after 11:00 p.m. and before 7:00 63 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom; 64 65 (12) Any short term rental that has registered and paid transient occupancy taxes to the 66 Commissioner of the Revenue prior to July 1 , 2018 shall be considered grandfathered 67 and shall not be required to obtain a conditional use permit, but must meet the 68 conditions of section 241 .2. Any expansion of the footprint of the dwelling housing the 69 short term rental that expands the overall square footage by more than twenty-five (25) 70 percent or one thousand (1 ,000) square feet, whichever is less, shall have its 71 grandfathered status revoked and must immediately obtain a conditional use permit to 72 continue such use. Grandfathered status shall run with the land; 73 74 (13) To the extent permissible under state law, interconnected smoke detectors (which 75 „ 76 carbon monoxide detectors shall be—i stalled r-each short term rental; Provide an 77 affidavit signed by the property owner or their representative to the city annually stating 78 or indicating the following: 1) at least one fire extinguisher has been installed inside the 79 unit, in plain sight, and where it is located 2) all smoke alarms and carbon monoxide 80 detectors are installed in accordance with the building code in affect at the time of 81 construction and interconnected. Units constructed prior to interconnection 82 requirements must have a minimum of one smoke alarm installed on every floor of the 83 structure and in the areas adjacent to all sleeping room and when activated, be audible 84 in all sleeping rooms 3) all smoke alarms and carbon monoxide detectors have been 85 inspected within the last 12 months, and are in good working order. The property owner, 86 his employee, or an independent contractor may perform these inspections. 87 88 (14) Accessory structures shall not be used or occupied as short term rentals; 89 90 (15) In addition to other remedies available for violations of the city zoning ordinance, 91 upon the occurrence of a violation of the provisions of this section; a violation of a 92 condition imposed in a conditional use permit; or if the conditions for grandfathered 2 93 status are no longer satisfied, the city council may revoke the conditional use permit or 94 grandfathered status of a property after notice and hearing as provided in Code of 95 Virginia § 15.2-2204; provided, however, that written notice as prescribed therein shall 96 be given at least fifteen (15) days prior to the hearing; 97 98 (16) All conditional use permits issued for short term rentals shall expire five (5) years 99 from the date of adoption. The renewal process of the conditional use permit will be 100 administrative and performed by the planning department; however, the planning 101 department shall notify the city council in writing prior to the renewal of any conditional 102 use permit for a STR, where the STR has been the subject of neighborhood complaints, 103 violations of its conditions or violations of any building, housing, zoning, fire or other 104 similar codes. 105 106 (17) A structural safety inspection report provided to the city annually indicating all 107 exterior stairways, decks, porches and balconies have been inspected by a licensed 108 engineer or construction professional and are safe for use. The report must indicate the 109 maximum number of occupants permitted on each level of these structures and 110 placards indicating the maximum number of occupants of all exterior stairways, decks, 111 porches and balconies must be posted on each level of these structures. 112 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15175 R-1 September 25, 2020 3 69 ITEM— VILL2 ORDINANCES/RESOLUTIONS ITEM#70909 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to MOVE the November 3, 2020, Regular Meeting of the City Council to November 10, 2020(Requested by Mayor Dyer and Vice Mayor Wood) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 Requested by Mayor Dyer and Vice Mayor Wood 1 A RESOLUTION MOVING THE NOVEMBER 3, 2020 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 NOVEMBER 10, 2020 4 5 WHEREAS, the City Code provides the regular formal meetings of City Council 6 shall be held in the Council Chambers of the City Hall Building on the first and third 7 Tuesdays of each month at 6:00 p.m.; and 8 9 WHEREAS, state law provides that a regular meeting of the City Council may be 10 scheduled for a day other than the usual day upon adoption of a resolution; and 11 12 WHEREAS, November 3rd is the 2020 general election; and 13 14 WHEREAS, the City Council does not want any citizen to have to choose between 15 exercising the right to vote and attending the City Council meeting. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, THAT: 19 20 1. The regular City Council meeting scheduled for November 3, 2020 is hereby 21 rescheduled for November 10, 2020. 22 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 23 at the Virginia Beach Convention Center, Suite 5. 24 3. The City Clerk shall post a copy of this resolution on the door of the City Council 25 Chambers from the date of adoption until 6 p.m. on November 10, 2020, and 26 provide a notice as required by law. Adopted by the City Council of the City of Virginia Beach, Virginia, this 20th day of October , 2020. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15243 R-1 October 14, 2020 70 ITEM— VILL3 ORDINANCES/RESOLUTIONS ITEM#70910 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AMEND City Code Section 2-20 re location of City Council Meetings Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO AMEND SECTION 2-20 OF THE CITY 2 CODE REGARDING THE LOCATION OF CITY COUNCIL 3 MEETINGS 4 5 WHEREAS, the COVID-19 Pandemic requires the employment of certain public 6 health measures, including social distancing and frequent cleaning of surfaces; and 7 8 WHEREAS, the City Council Chamber is not configured in a manner that is 9 conducive to the necessary public health measures; 10 11 WHEREAS, the City Council has used the Virginia Beach Convention Center for 12 certain special meetings to allow sufficient space to comply with public health measures; 13 14 WHEREAS, the City Council desires to move the location of regular meetings for 15 the duration of the COVID-19 Pandemic. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, THAT: 19 20 Section 2-20 of the City Code is hereby amended and reordained to read as 21 follows: 22 23 Sec. 2-20. Time and place of regular meetings. 24 25 (a) Regular formal meetings of the council shall be held in the Council Chamber of the 26 City Hall Building, Municipal Center Virginia Beach Convention Center, Suite 5, Virginia 27 Beach, Virginia, on the first and third Tuesdays of each month at 6:00 p.m., unless such 28 date shall fall upon a legal holiday. However, in July and December of each year, regular 29 meetings shall instead be held on the first two (2) Tuesdays of the month at 6:00 p.m. 30 The council may also convene informal meetings on the dates of regular formal meetings 31 at such times as the council may deem appropriate, and on the second and fourth 32 Tuesday of every month except July and December. Informal meetings, which shall be 33 held in the Council Conference Room adjacent to the Council Chamber Virginia Beach 34 Convention Center, Suite 5, and at which no votes shall be cast, shall be for the purpose 35 of discussing matters of interest to the council, and receiving briefings/reports from the 36 city manager, city staff and city boards, commissions, committees and other city 37 agencies. The city manager shall notify the public of the times of such informal meetings 38 in advance thereof. 39 40 41 42 43 BE IT FURTHER ORDAINED, THAT: 44 45 The City Clerk shall cause a copy of this ordinance to be posted on the door of the 46 Council Chamber and a notice of the location change to be published in a newspaper 47 having general circulation at least seven days prior to the first regular meeting at the 48 Virginia Beach Convention Center. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day of October _ 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e er City Manager's Office tt s Office CA15239 R-1 October 8, 2020 71 ITEM— VILL4 ORDINANCES/RESOLUTIONS ITEM#70911 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Resolution to formally RE-ADOPT the Virginia Beach Emergency Operations Plan (EOP) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 A RESOLUTION FORMALLY RE-ADOPTING THE 2 VIRGINIA BEACH EMERGENCY OPERATIONS PLAN 3 WHEREAS, the City of Virginia Beach Office of Emergency Management 4 regularly and routinely publishes and updates an Emergency Operations Plan for the 5 City of Virginia Beach; and 6 7 WHEREAS, Code of Virginia § 44-146.19(E). requires the City Council to 8 formally review and re-adopt the City of Virginia Beach Emergency Operations Plan 9 every four years; and 10 11 WHEREAS, that last adoption of the City of the Virginia Beach Emergency 12 Operations Plan occurred in 2016; and 13 14 WHEREAS, the four-year review and revision of the City of Virginia Beach 15 Emergency Operations Plan is complete. 16 17 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the City of Virginia Beach hereby formally re-adopts the revised Virginia 21 Beach Emergency Operations Plan. 22 23 Adopted by the City Council of the City of Virginia Beach, Virginia, this 2 0 t h 24 day of October , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: sr Office of Emergencyt�►anagement City Att omey's CA15177 R-1 September 25, 2020 72 ITEM— VII.I.5 ORDINANCES/RESOLUTIONS ITEM#70912 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to AUTHORIZE the issuance and sale of General Obligation Refunding Bond, Series 2020, in an aggregate principal amount not to EXCEED$3,445,000 and the execution and delivery of certain documents prepared in connection therewith Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AUTHORIZING THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION REFUNDING BOND, SERIES 2020 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,445,000, AND THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS PREPARED IN CONNECTION THEREWITH WHEREAS, the City of Virginia Beach (the "City"), has determined that it is advisable and in the interest of the City to refinance the outstanding portion of its $5,995,000 General Obligation Bonds(Recovery Zone Project),Series 2010A,together with related administrative and financing costs of the refinancing("the Project"); and WHEREAS, the City intends to finance the Project through the issuance of its general obligation bond under such terms, limitations and conditions as set forth in this Resolution; and WHEREAS, the Council has previously received a proposal from VML/VACO Finance to solicit proposals from banking institutions and received a proposal from Truist Bank, formerly Branch Banking & Trust Company (the "Lender"), to loan funds and to the City to purchase the Bond(as defined below); and WHEREAS,after such solicitation, staff recommends the proposal from the Purchaser for the loan and the sale of the City's general obligation bond to the Purchaser in accordance with the terms of a Bond Purchase and Loan Agreement between the Purchaser and the City (the "Agreement"),the form of which has been presented to this meeting; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bond and Use of Proceeds. Pursuant to the Constitution of the Commonwealth of Virginia and the Public Finance Act of 1991, as amended(the"Public Finance Act"), Title 15.2, Chapter 26 of the Code of Virginia of 1950, as amended (the "Virginia Code") and without regard to any requirements or restrictions contained in any charter or special act of the City, the Council hereby authorizes the issuance and sale of a general obligation bond of the City in an aggregate principal amount set forth below, together with such other monies of the City designated thereby,to provide funds to finance the Project. 2. Authorization of Bond Purchase and Loan Agreement. The form of the Bond Purchase and Loan Agreement submitted to this meeting is hereby approved. The Mayor and the City Manager,either of whom may act(each an"Authorized Signatory"),are authorized to execute the Agreement in substantially such form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by such official,whose approval shall be evidenced conclusively by the execution and delivery thereof. The issuance and sale of the bond to the Purchaser shall be upon the terms and conditions of the Agreement. The proceeds 1 of such bond shall be applied in the manner set forth in the Agreement. All capitalized terms used but not otherwise defined herein shall have the same meaning as set forth in the Agreement. 3. Bond Details. The bond shall be issued as a single, fully registered bond, shall be designated "General Obligation Refunding Bond, Series 2020" (the "Bond"), shall be numbered R-1,and shall be in substantially the form of Exhibit A to this Resolution as hereby approved,with such completions, omissions,insertions and changes not inconsistent with this Resolution as may be approved by the officers signing such Bond. The Council authorizes the issuance and sale of the Bond on such terms as shall be satisfactory to the Authorized Signatory; provided however, that the Bond(a) shall be in a principal amount not to exceed$3,445,000; (b) shall mature no later than February 15,2030;(c)shall bear interest on the outstanding principal balance thereof at a rate of interest approved by the Authorized Signatory, with such rate to not exceed 1.28% (provided that default interest may be payable at a rate in excess thereof as provided in the Agreement and the rate may adjust as provided in the Bond and the Agreement); and(d)shall accrue certain other ongoing costs and expenses upon the terms and conditions described in the Agreement. As set forth in the Agreement, the City agrees to pay any applicable late payment or similar costs and expenses described therein. Subject to the preceding terms, the Council further authorizes the Authorized Signatory to determine the final terms,purchase price,initial interest rate,interest rate adjustment provisions, maturity date, and amortization schedule of the Bond. No further action shall be necessary on the part of the City so long as such provisions are within the limits prescribed in this Resolution. 4. Payment and Redemption Provisions. The principal of and premium,if any,and interest on the Bond shall be payable as set forth in the Bond and the Agreement. The Bond shall be subject to redemption on the terms set forth in the related Agreement. The principal of and premium, if any, and interest on the Bond shall be payable via wire transfer in lawful money of the United States of America, without presentation or surrender. The City hereby appoints Virginia Local Government Finance Corporation,a component unit of the Industrial Development Authority of the County of Stafford and the City of Staunton, Virginia, as its paying agent to, among other things,make timely payments on behalf of the City. 5. Execution and Form of Bond. The Bond shall be signed by the Mayor or Vice- Mayor and the City's seal shall be affixed thereon and attested by the Clerk or Assistant Clerk of the City. The Bond shall be issued as a typewritten bond in substantially the form of Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the Authorized Signatory, whose approval shall be evidenced conclusively by the execution and delivery of the Bond. 6. Pledge of Full Faith and Credit. The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and premium,if any, and interest on the Bond. Unless other funds are lawfully available and appropriated for timely payment of the Bond, the Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and premium, if any, and interest on the Bond. 7. Preparation of Printed Bond; Mutilated or Destroyed Bond. The printed Bond may be executed by manual or facsimile signature of the Mayor or Vice-Mayor, the City's seal 2 affixed thereto and attested by the Clerk or Deputy Clerk of the City; provided, however, that if both such signatures are facsimiles, the bond shall not be valid until it has been authenticated by the manual signature of the Registrar (as defined below) and the date of authentication noted thereon. If the Bond has been mutilated, lost or destroyed, the City shall execute and deliver a new bond of like date and tenor in exchange and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or destroyed Bond;provided,however, that the City shall so execute and deliver only if the registered owner has paid the reasonable expenses and charges of the City in connection therewith and, in the case of a lost or destroyed Bond has filed with the City an affidavit reasonably satisfactory to the City that such Bond was lost or destroyed. The Bond surrendered in any such exchange shall be canceled. 8. Registration and Transfer of the Bond. The City appoints the City Treasurer as registrar (the "Registrar") for the Bond and shall maintain registration books for the registration and registration of any transfer of the Bond. Upon surrender of the Bond at the office of the Registrar,together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be reasonably satisfactory to the Registrar, the City shall execute,and the Registrar shall authenticate and deliver in exchange, a new Bond or bonds having an equal aggregate principal amount,of the same form and maturity,bearing interest at the same rates and registered in such name as requested by the then registered owner or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, interest and premium, if any, and the exercise of all other rights and powers of the owner, except that regular installments shall be paid to the person or entity shown as owner on the registration books on the fifteenth day of the month preceding each payment date. 9. Delivery of Bond. The Mayor or Vice-Mayor and Clerk of the City are authorized and directed to take all proper steps to have the Bond prepared and executed in accordance with its terms and to deliver it to the Purchaser thereof as set forth in the Agreement. 10. Tax Provisions. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bond to be an"arbitrage bond"within the meaning of Section 148 of the Internal Revenue Code of 1986,as amended,and regulations issued pursuant thereto (the"Code"),or otherwise cause interest on the Bond to be includable in the gross income of the registered owner thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bond, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bond from being included in the gross income for federal income tax purposes of the registered owners thereof under existing law. The City shall pay any such required rebate from legally available funds. The Authorized Signatories, either of whom may act, are authorized to execute a Tax Compliance Agreement or any related document(the "Tax Documents")on behalf of the City, setting forth the expected use and investment of the proceeds of the Bond and covenants of the City regarding compliance with provisions of the Code governing obligations the interest on which is excluded from gross income 3 for purposes of federal income taxation.Further,the City covenants that it shall at all times conduct or cause to be conducted the use of, or the expenditure of, the proceeds from the issuance of the Bond so as not to permit more than the five percent(5%)for Nonexempt Uses,as that term is used in the Section 141 of the Code. 11. Tax and Other Documents. Each of the Authorized Signatories are authorized and directed to execute and deliver an IRS Form 8038-G in a form approved by such officers and the City's bond counsel. 12. Limitation of Liability of Officials of City. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of an officer, employee,member of Council,or agent of the City in his or her individual capacity,and no officer of the City or member of Council executing the Bond shall be liable personally on the Bond or be subject to any personal liability or accountability by reason of the issuance thereof. No officer, employee or agent of the City shall incur any personal liability with respect to any other action taken by him or her pursuant to this resolution provided he or she acts in good faith. 13. Other Actions. All other actions of officials of the City in conformity with the purposes and intent of this Resolution and the Agreement and in furtherance of the issuance and sale of the Bond are ratified,approved and confirmed. The officials of the City are authorized and directed to execute and deliver on behalf of the City such agreements and other instruments, documents or certificates,and to do and perform such things and acts,as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bond or the Agreement, and all of the foregoing, previously done or performed by such officers of the City, are in all respects approved,ratified and confirmed. 14. Headings. Any headings in this resolution are solely for convenience of reference and shall not constitute a part of the resolution nor shall they affect its meaning, construction or effect. 15. Constitutional Authority and Severability. The Bond shall be issued under the provisions of Article VII, Section 10(a) of the Constitution of Virginia. The principal of and interest on the Bond shall be payable from ad valorem taxes to be levied without limitation as to rate or amount on all property in the City subject to taxation, to the extent other funds of the City are not lawfully available and appropriated for such purpose. If any court of competent jurisdiction shall hold any provision of this Resolution to be invalid and unenforceable, such holding shall not invalidate any other provision hereof. 16. Filing of Resolution. The Authorized Signatory and Clerk to the City are authorized and directed to see to the prompt filing of a certified copy of this Resolution in the Circuit Court having jurisdiction over the City, in accordance with Sections 15.2-2607 and 15.2- 2627 of the Public Finance Act. 17. Effective Date. This Resolution shall take effect immediately. 4 Adopted by the Council of the City of Virginia Beach, Virginia, on the2 0 th day of October,2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department ity Atto 's Office CA15140 R-l September 23,2020 5 EXHIBIT A (Form of Bond) Interest on this bond is intended by the issuer hereof to be exempt from gross income for federal income tax purposes. REGISTERED DATED DATE: October 14, 2020 R-1 MATURITY DATE: February 15, 2030 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH $ ,000 GENERAL OBLIGATION REFUNDING BOND SERIES 2020 THE CITY OF VIRGINIA BEACH, VIRGINIA (the "City"), for value received, acknowledges itself indebted and promises to pay to TRUIST BANK together with its successors, assigns or legal representative(THE "LENDER"), the principal amount of: THOUSAND DOLLARS ($ ,000) on or before February 15, 2030, together with interest on the outstanding principal amount of this Bond at a rate of % per year, calculated on the basis of a 360-day year of twelve 30-day months, subject to adjustment as provided herein and in the Bond Purchase and Loan Agreement dated as of October 1, 2020 (the "Agreement"). Interest on this Bond shall be payable in semi- annual installments. Principal shall be payable in the amounts and on the dates set forth in Schedule I attached hereto which is incorporated herein by this reference. Accrued and unpaid interest on this Bond shall be payable on each principal payment date. If any installment of principal of and interest on this Bond is not paid to the registered owner of this Bond on its due date,the City shall pay to the registered owner a late payment charge in an amount equal to five percent (5.00%) of the overdue installment. Principal and other sums hereunder are payable in lawful money of the United States. Upon an Event of Taxability (as defined below), the outstanding principal amount of this Bond shall bear interest at the Taxable Rate(as defined below),which shall be calculated on the basis of a 360-day year of twelve 30-day months. For purposes of this Bond, in particular the provisions in the preceding paragraph, the following terms have the meanings assigned to them below: "Code"means the Internal Revenue Code of 1986, as amended. A-1 "Event of Taxability" means and shall be deemed to have occurred when the interest on this Bond is not excludable in gross income pursuant to Section 61 of the Code for federal income tax purposes. "Taxable Rate" means the interest rate per annum that shall provide the Lender with the same after tax yield that the Lender would have otherwise received had the Event of Taxability not occurred, taking into account the increased taxable income of the Lender as a result of such Event of Taxability. The Lender shall provide the City with a written statement explaining the calculation of the Taxable Rate, which statement shall, in the absence of manifest error,be conclusive and binding on the City. Subject to the provisions of the Agreement, between the Lender and the City, so long as this Bond is held by the Lender or its registered assigns or legal representative, principal and interest are payable(without presentation or surrender)by wire transfer,automated clearing house, check or draft sent to the registered owner of this Bond at the address that appears on the registration books kept by the Treasurer of the City, who has been appointed registrar and paying agent, or any successor Lender or trust company (the "Registrar"). Principal of and premium, if any, and interest on this Bond shall be payable in lawful money of the United States of America. In case any payment date on this Bond shall not be a Business Day (as defined below), then payment of principal, premium, if any, and interest need not be made on such date, but may be made on the next succeeding Business Day, and, if made on such next succeeding Business Day, no additional interest shall accrue for the period after such payment date. "Business Day"means any Monday,Tuesday,Wednesday,Thursday or Friday on which commercial banking institutions generally are open for business in New York and Virginia. If an Event of Default has occurred and is continuing under the Agreement,the unpaid principal amount of this Bond shall bear interest at the rate of nine percent (9.00%) per annum or the maximum rate permitted under applicable law, whichever is less. This Bond has been authorized by a resolution adopted by the Council of the City on October 6, 2020(the"Bond Resolution")and is issued pursuant to the Constitution and the Public Finance Act of 1991 of the Commonwealth of Virginia,and the Agreement. Proceeds of this Bond will be used to provide funds to (a) refinance the outstanding portion of the City's $5,995,000 General Obligation Bond (Recovery Zone Project), Series 2010A, and (b)pay the issuance and financing costs incurred in issuing this Bond. The full faith and credit of the City are irrevocably pledged for the payment of principal of and interest and premium,if any,on this Bond and the performance of the City's obligations under the Agreement. Unless other funds are lawfully available and appropriated for timely payment of this Bond,the Council of the City shall levy and collect an annual ad valorem tax,over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and interest and premium, if any, on this Bond. Notwithstanding anything in this Bond to the contrary, in addition to the payments of the principal, premium, if any, and interest provided for by this Bond, the City shall also pay such A-2 additional amounts, if any, which may be necessary to provide for payment in full of all amounts due under the Agreement. This Bond may be redeemed at the option of the City upon the terms and conditions set forth in the Agreement. Capitalized terms used herein and not defined shall have the meaning as set forth in the Agreement. Transfer of this Bond may be registered upon the registration books of the Bond Registrar. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal,premium,if any,and interest on this Bond and the exercise of all other rights and powers of the owner;provided that the regular installment payments of principal and interest shall be made to the person shown as the owner on the fifteenth day of the month preceding each payment date. The holder of this Bond shall not be required to present or surrender this Bond as a condition of receiving payment due hereunder. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or to be performed precedent to and in the issuance of this Bond have happened,exist and have been performed, and this Bond,together with all other indebtedness of the City, is within every debt and other limitation prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City has caused this Bond to be signed by its Mayor and the seal of the City to be affixed hereto and attested by the Clerk of the City, and this bond to be dated the date first above written. (SEAL) Mayor of the City of Virginia Beach, Virginia ATTEST: Clerk of the City of Beach, Virginia A-3 SCHEDULE I CITY OF VIRGINIA BEACH GENERAL OBLIGATION REFUNDING BOND SERIES 2020 [to be completed at closing] A-4 CERTIFICATE OF THE CLERK OF THE CITY OF VIRGINIA BEACH,VIRGINIA The undersigned Clerk of the City of Virginia Beach, Virginia(the "City"), certifies that: 1. A meeting of the Council (the"Council") of the City was held on October 20,2020 (the"Meeting"). 2 Attached hereto is a true, correct and complete copy of a resolution (the "Resolution")of the Council entitled"Resolution of the City Council of the City of Virginia Beach, Virginia, Authorizing the Issuance and Sale of its General Obligation Refunding Bond, Series 2020 in a Maximum Principal Amount Not to Exceed$3,445,000, and the Execution and Delivery of Certain Documents Prepared in Connection Therewith," as recorded in full in the minutes of the Meeting and duly adopted by a majority of the members of the Council present and voting during the Meeting. 3. A summary of the members of the Council present or absent at the Meeting, and the recorded vote with respect to the Resolution, is set forth below: Voting Member Name Present Absent Yes No Abstaining Robert M. Dyer, Mayor X X James Wood, Vice Mayor X X Jessica Abbott X �� Michael Berlucchi X Barbara Henley X Louis Jones X John Moss X _X__ Aaron R. Rouse X X Guy King Tower X X Rosemary Wilson X g Sabrina Wooten X X 4. The Resolution has not been repealed,revoked,rescinded or amended,and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City, this 20 t hday of 0 c t o b e r , 2020. (SEAL) C er o 16Cif Virginia Beach, Virginia A-5 73 ITEM— VIL.I.6 ORDINANCES/RESOLUTIONS ITEM#70913 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT,Resolution to DESIGNATE Virginia Beach as a Bee City USA affiliate Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 A RESOLUTION DESIGNATING VIRGINIA BEACH AS A 2 BEE CITY USA AFFILIATE 3 4 WHEREAS, the mission of Bee City USA is to galvanize communities to sustain 5 pollinators, responsible for the reproduction of almost 90% of the world's flowering plant 6 species, by providing them with healthy habitat, rich in a variety of native plants and free 7 to nearly free of pesticides; 8 9 WHEREAS, thanks to the more than 3,600 species of native bees in the United 10 States, along with introduced honeybees, we have very diverse dietary choices rich in 11 fruits, nuts, and vegetables; 12 13 WHEREAS, bees and other pollinators have experienced population declines due 14 to a combination of habitat loss, poor nutrition, pesticides (including insecticides, 15 fungicides, and herbicides), parasites, diseases, and climate change; 16 17 WHEREAS pollinator-friendly communities can benefit local and regional 18 economies through healthier ecosystems, increased vegetable and fruit crop yields, and 19 increased demand for pollinator-friendly plant materials from local growers; 20 21 WHEREAS pollinator-friendly communities can benefit local and regional 22 economies through healthier ecosystems, increased vegetable and fruit crop yields, and 23 increased demand for pollinator- friendly plant materials from local growers; 24 25 WHEREAS, ideal pollinator-friendly habitat has the following attributes: (a) is 26 comprised of mostly native wildflowers, grasses, vines, shrubs, and trees blooming in 27 succession throughout the growing season to provide diverse and abundant nectar and 28 pollen, since many wild pollinators prefer or depend on the native plants with which they 29 co-adapted; (b) is free to nearly free of pesticides, as many pesticides can harm pollinators 30 and/or their habitat; (c)comprises undisturbed spaces(leaf and brush piles, unmown fields 31 or field margins, fallen trees and other dead wood) for nesting and overwintering; and (d) 32 provides connectivity between habitat areas to support pollinator movement and 33 resilience; 34 35 WHEREAS, Integrated Pest Management is a long-term approach to maintaining 36 healthy landscapes and facilities that minimizes risks to people and the environment by: 37 identifying and removing the causes of pest problems rather than only attacking the 38 symptoms (the pests); employing pests' natural enemies along with cultural, mechanical, 39 and physical controls when prevention is not enough; and using pesticides only when no 40 other method is feasible or effective; 41 42 WHEREAS, supporting pollinators fosters broad-based community engagement in 43 environmental awareness and sustainability; 44 45 WHEREAS, the City of Virginia Beach should be certified a Bee City USA 46 community because as a City we strive to practice sustainable landscaping and create 47 landscapes that have both habitat and food sources for all pollinators. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA, THAT: 51 52 1 . The Parks and Recreation Department is hereby designated as the Bee City 53 USA sponsor on behalf of the City of Virginia Beach, and the Operations 54 Coordinator in the Park & Landscape Services Division is designated as the 55 Bee City USA Liaison. The City commits to an annual fee of $250 and 56 participation in the form of plantings of an additional $500, and such amounts 57 shall be provided by the Operating Budget of the Parks and Recreation 58 Department. 59 60 2. The Parks and Recreation Department is to collaborate with the Council of 61 Garden Clubs of the City of Virginia Beach in furtherance of Bee City USA 62 activities. 63 64 3. The City hereby commits to the following activities in support of the Bee City 65 USA efforts: 66 67 a. Celebration: Host at least one educational event or pollinator habitat 68 planting or restoration each year to showcase Virginia Beach's commitment to 69 raising awareness of pollinator conservation and expanding pollinator health 70 and habitat; 71 72 b. Publicity & Information: Install and maintain at least one authorized Bee 73 City USA street sign in a prominent location, and create and maintain a 74 webpage on the Virginia Beach website which includes, at minimum, the 75 following: 76 i. a copy of this resolution and links to the national Bee City USA 77 website; 78 ii. contact information for your Bee City USA Liaison and Committee; 79 iii. reports of the pollinator-friendly activities the community has 80 accomplished the previous year(s); and 81 iv. recommended native plant species list and integrated pest 82 management plan. 83 84 c. Habitat: Develop and implement a program to create or expand pollinator- 85 friendly habitat on public and private land, which includes, but is not limited to, 86 identifying and inventorying Virginia Beach's real property that can be 87 enhanced with pollinator-friendly plantings; creating a recommended locally 88 native plant list to include wildflowers, grasses, vines, shrubs, and trees and a 89 list of local suppliers for those species; and, tracking (by square footage and/or 90 acreage) annual area of pollinator habitat created or enhanced. 91 92 d. Pollinator-Friendly Pest Management: Create and adopt an integrated 93 pest management plan designed to prevent pest problems, reduce pesticide 94 use, and expand the use of non-chemical pest management methods. 95 96 e. Policy & Plans: Establish a policy or plan to acknowledge and commit to 97 the Bee City USA designation and review such policy or plan to consider 98 improvements to pest management policies and practices as they relate to 99 pollinator conservation, identify appropriate locations for pollinator-friendly 100 plantings, and consider other appropriate measures. 101 102 f. Renewal: After completing the first calendar year as a Bee City USA 103 affiliate, each February, thereafter apply for renewal of the Bee City USA 104 designation following the format provided by Bee City USA, including a report 105 of the previous year's Bee City USA activities, and paying the renewal fee 106 based on Virginia Beach's population. Adopted by the City Council of the City of Virginia Beach, Virginia, this 20 tiiay of October , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Parks nd ecreation eY' Office CA15242 R-1 October 12, 2020 74 ITEM— VII.I.7a/b/c ORDINANCES/RESOLUTIONS ITEM#70914 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH new Capital Improvement Projects for FY2020-21 and TRANSFER$738,534 from the Capital Project#100423 Traffic Safety Improvements(TSI)IV to the newly created capital projects: a. #100554 Independence Boulevard / Columbus Street Pedestrian Improvements b. #100555 Parliament Drive Sidewalk Phase I c. #100556 Sandbridge Road Sidewalk Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT 2 PROJECTS #100554 "INDEPENDENCE BOULEVARD / 3 COLUMBUS STREET PEDESTRIAN IMPROVEMENTS' 4 #100555 "PARLIAMENT DRIVE SIDEWALK, PHASE I," AND 5 #100556 ''SANDBRIDGE ROAD SIDEWALK," AND TO 6 TRANSFER FUNDS FROM CAPITAL PROJECT #100423 7 TO THE NEWLY CREATED PROJECTS 8 9 WHEREAS, on August 20, 2019, the City Council adopted Resolution #3983, 10 which endorsed the City's FY 2021 and FY 2022 Transportation Alternatives Set-Aside 11 Program applications; and 12 13 WHEREAS, the Virginia Department of Transportation recommended that three of 14 the projects submitted by the City be approved and receive funding in the amounts 15 requested by the City 16 17 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 18 VIRGINIA: 19 20 1 . The following capital projects are hereby established in the FY 2020-21 21 Capital Improvement Program: 22 #100554 "Independence Boulevard / Columbus Street Pedestrian Improvements: 23 #100555 "Parliament Drive Sidewalk, Phase I;" and 24 #100556 "Sandbridge Road Sidewalk 25 26 2. S738,534 is hereby transferred from CIP # 100423, 'Traffic Safety 27 Improvements IV." to newly created capital projects in the following amounts: 28 S158.529 to #100554 ''Independence Boulevard / Columbus Street Pedestrian 29 Improvements;' 30 S335.849 to # 100555 "Parliameni _)rive, Sidewalk, Phase I;" 31 S244 156 to #100556 Sandbridge r::)ad ,;ckfwalk 32 33 3. The City Manager is hereby authorized to execute on behalf of the City of 34 Virginia Beach all necessary project agreements for project development. construction, 35 and the receipt or reimbursement of federal funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of October 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY' 1 Budget and Management Services City ey's Office CA15182 R-1 October 7 2020 75 ITEM— VIL.I.8 ORDINANCES/RESOLUTIONS ITEM#70915 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT revised regulations for Resort Area Outdoor Café Franchise Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ADOPT REVISED 2 REGULATIONS FOR RESORT AREA OUTDOOR 3 CAFE FRANCHISES 4 5 WHEREAS, in 1985, the City Council authorized the City Manager to promulgate 6 Resort Open Air Café Franchise Regulations ("Regulations") to implement an open-air 7 café program in the public rights-of-way in an effort to enhance the overall dining 8 environment at the Oceanfront; and 9 10 WHEREAS, the Regulations have been amended many times since their 11 implementation but have not been substantially updated in more than ten years; and 12 13 WHEREAS, businesses and resort stakeholders have identified barriers with the 14 Regulations that hinder the ability of businesses to use new and innovative materials 15 and to comply with the Regulations; and 16 17 WHEREAS, the Planning Department's Strategic Growth Area Office and the 18 Resort Advisory Commission collaborated to revise the Regulations ("Revised '19 Regulations"); and 20 21 WHEREAS, the Revised Regulations provide more flexibility for outdoor café 22 owners and operators to keep pace with the current standards in construction, design, 23 and materials available for outdoor cafés; and 24 25 WHEREAS, the Revised Regulations simplify the outdoor café program and its 26 administration by consolidating the café categories; and 27 28 WHEREAS, the Revised Regulations create a more user-friendly, visually 29 compelling, and organized document and streamline the application and approval 30 processes; and 31 32 WHERAS, the Revised Regulations update the document to conform with current 33 state and local regulations and City guidelines; and 34 35 WHEREAS, the Revised Regulations will advance City Council's goal of being a 36 competitive first-class resort for residents, businesses, and tourists. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 39 CITY OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Revised Regulations, known as the "Resort Area Outdoor Café 42 Franchise Regulations," are hereby adopted, a true copy of which is hereto attached. 43 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of October 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: //((/(7: rategic Growth Area Office City Attorney's Office CA15180 R-1 October 8, 2020 Summary of Revised Regulations for Resort Area Outdoor Café Franchises The following revisions were made to the Resort Area Outdoor Café Franchise Regulations ("Regulations"): • Replace the term "Open Air" with "Outdoor"to be more concise. • Provide more flexibility for outdoor café owners and operators to keep pace with the current standards in construction, design, and materials by: o Permitting more than one point of access/egress to cafés. o Adding rope rails, vinyl PVC, aluminum fencing and continuous hedges to the approved perimeter barrier materials. o Eliminating the maximum planting bed width requirement. o Eliminating the required overhead structure coverage requirement. o Permitting hard-top coverings in Boardwalk café types only. o Permitting umbrellas in any café type. o Permitting new furniture and fixtures made of high-density polyethylene and heavy weight durable polymer resin. • Simplify the program and its administration by consolidating the café categories from six categories to three categories. The three revised categories of cafés are: o Boardwalk Café - Outdoor cafes located east of Atlantic Avenue's eastern ROW line, namely outdoor cafes located along the Connector Parks and facing the Boardwalk. o Sidewalk Café (Atlantic to Pacific) — Outdoor cafes located between Atlantic Avenue's eastern ROW line and Pacific Avenue's western ROW line. o Sidewalk Café (West of Pacific)—Outdoor cafes located west of Pacific Avenue's western ROW line at Laskin Gateway, Central Beach and south of Winston Salem Avenue. • A new eligibility map is included in the Regulations to illustrate the parcels eligible for an outdoor café franchise and the type of café permitted. • The Regulations are more user-friendly, visually compelling and organized with maps, example photos, and graphics illustrating required outdoor café components. • The application process has been streamlined by including City review earlier in the process. • Clarification is provided on what modifications can be made to existing outdoor cafes without City approval. • The Regulations conform with current state and local regulations, including the Virginia Alcoholic Beverage Control Act, Virginia Building Codes, 2020 Public Works Design Standards Manual and the Oceanfront Resort District Form-Based Code. • The Regulations align with current City guidelines, including the recently adopted Resort Area Strategic Action Plan 2030 and the Oceanfront Resort District Connector Park Design Guidelines. • Previously the Regulations only permitted full-service restaurants with non-disposable dishware. The Regulations expand franchise eligibility to include fast-casual establishments that are Fully Certified Virginia Green Partner,a sponsored initiative by the Commonwealth to encourage green practices in the tourism industry. 76 ITEM— VII.I.9 ORDINANCES/RESOLUTIONS ITEM#70916 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise Agreement for an Open Air Cafe in the Resort Area to Thirsty-24,LLC t/a Atlantic Pints at 2314 Atlantic Avenue re Atlantic Avenue Sidewalk Café Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 25, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, Thirsty-24, LLC, t/a Atlantic Pints, is seeking a one-year franchise 17 agreement for operation of an Atlantic Avenue Sidewalk Café at 2314 Atlantic Avenue; 18 and 19 20 WHEREAS, the Strategic Growth Area Office recommends that the above- 21 named entity be granted an open air café franchise agreement. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Council hereby grants Thirsty-24, LLC, t/a Atlantic Pints, a one-year 27 franchise agreement for the operation of an Atlantic Avenue Sidewalk Café at 2314 28 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this 20th day of October 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .k.///; 4k...it I, cim rategic Growth Area Office City Attorney's Office CA-15164 R-1 September 29, 2020 77 ITEM— VII.I.l0a/b/c ORDINANCES/RESOLUTIONS ITEM#70917 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE: a. Acquisition of an Agricultural Land Preservation (ARP) easement from Holly Road,LLC and Ola Hill Krueger(58.22 +/-acres) b. issuance by the City of its contract obligation in the maximum principal amount of$681,174; and c. TRANSFER funds to purchase U.S. Treasury Strips Voting: 9-1 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer, Barbara M. Henley,Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: John D. Moss Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM HOLLY ROAD, LLC AND OLA HILL KRUEGER 4 (58.22+/-ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL 6 AMOUNT OF $681,174, AND 3) TRANSFER OF FUNDS TO 7 PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase 12 Agreement (the form and standard provisions of which have been previously approved 13 by the City Council, a summary of terms of which is hereto attached, and a copy of which 14 is on file in the City Attorney's Office) for the acquisition of the Development Rights (as 15 defined in the Installment Purchase Agreement) on certain property located in the City 16 and more fully described in Exhibit B of the Installment Purchase Agreement for a 17 purchase price of$681,174; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of 24 the purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 1 . The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment 31 Purchase Agreement, including the purchase price and manner of payment, are fair and 32 reasonable and in furtherance of the purposes of the Ordinance, and the City Manager 33 or his designee is hereby authorized to approve, upon or before the execution and 34 delivery of the Installment Purchase Agreement, the rate of interest to accrue on the 35 unpaid principal balance of the purchase price set forth hereinabove as the greater of 36 1.505% per annum or the per annum rate which is equal to the yield on United States 37 Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, 38 however, that such rate of interest shall not exceed 3.505% unless the approval of the 39 City Council by resolution duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement 43 on the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes 55 the incurrence of the indebtedness represented by the issuance and delivery of the 56 Installment Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $454,396.36 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required, from the Agricultural Reserve Program Special Revenue Fund notwithstanding 66 the dollar limits provided by the Annual Appropriation Ordinance, to purchase the United 67 States Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this 20 t h day 73 of October , 2020. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 411-14-g4J Agriculture Dep rtme Budget andManagement Servi ces CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: Guaa zaivi-eivy-fz, avii3 Director of Finance City Attomey's Office CA15190 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d028\p036\00670476.doc R-1 October 15, 2020 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2020-159 SUMMARY OF TERMS SELLER: Holly Road, LLC, a Virginia limited liability company, and Ola Hill Krueger PROPERTY LOCATION: 1200 block of Princess Anne Road (GPIN: 2401-92-6325) PURCHASE PRICE: $681,174 EASEMENT AREA: 58.22 acres, more or less DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 1.505% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 3.505%without approval of City Council. TERMS: Interest only,twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. 78 ITEM— VII.I.11 ORDINANCES/RESOLUTIONS ITEM#70918 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 of City-owned Property for up to five(5)years with Back Bay Wildfowl Guild, Inc. at 1113 Atlantic Avenue re the dett Cottage Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH BACK BAY WILDFOWL GUILD, INC. 4 FOR CITY-OWNED PROPERTY LOCATED AT 1113 5 ATLANTIC AVENUE, VIRGINIA BEACH 6 7 WHEREAS, the City of Virginia Beach (the "City") acquired the property located 8 at 1113 Atlantic Avenue, commonly known as the deWitt Cottage (the "Property") from 9 the Virginia Beach Foundation on September 28, 1995; 10 11 WHEREAS, the City has been leasing the Property to the Back Bay Wildfowl 12 Guild ("Back Bay") since October 2000; 13 14 WHEREAS, the current lease term expires on October 22, 2020; 15 16 WHEREAS, Back Bay has continued to operate in the Property and desires to 17 enter into a new formal lease agreement with the City for the Property; 18 19 WHEREAS, City staff has determined that it is in the best interest of the City, its 20 citizens and its visitors that Back Bay continue to use the Property consistent with the 21 City's mission to preserve the historic nature of the Property; and 22 23 WHEREAS, the Property would be utilized for purposes which complement the 24 general level of culture of the City of Virginia Beach, including wildfowl exhibits and 25 related special events, meetings and receptions, operation of a gift shop, and exhibiting 26 furnishings and other items which are intended to preserve the historic nature of the 27 Property. 28 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the City Manager is hereby authorized to execute a lease for up to 5 years 33 between Back Bay Wildfowl Guild, Inc. and the City for the Premises, in accordance 34 with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and 35 such other terms, conditions or modifications as may be acceptable to the City Manager 36 and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of 39 October , 2020. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FO-RM /V4/9 City Attorney Public Works/Facilities Management CA14873 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d007\p037\00658098.doc R-1 September 23, 2020 EXHIBIT A SUMMARY OF TERMS Lease of City-owned Property located at 1113 Atlantic Avenue, known as the deWitt Cottage LESSOR: City of Virginia Beach LESSEE: Back Bay Wildfowl Guild, Inc. PREMISES: 1113 Atlantic Avenue TERM: 5 Years (October 23, 2020 through October 22, 2025) RENT: $1.00 annually RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall use Premises for operation and activities that preserve the historic nature of the deWitt Cottage and in a manner that complements the City's historic culture. • Lessee and its permitted assignees, subtenants or licensees shall be permitted to sell food and drinks on the Premises in conformity with all laws and ordinances applicable to said activities, and subject to the terms set forth in the Lease. • The Premises must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. • Provide daily housekeeping services. • Purchase commercial general liability insurance with limits not less than $1,000,000 combined single limit (CSL). RIGHTS AND RESPONSIBILITIES OF LESSOR (CITY): • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks and landscaping. • Provide minimal weekly housekeeping services • Provide payment for all utility costs and fees as they pertain to electricity, heating, fuel, water, sewer and solid waste collection. • Retain the right to enter the Premises at any time for emergency repairs. 79 ITEM— VILL12 ORDINANCES/RESOLUTIONS ITEM#70919 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 Building Lease and Cooperative Agreement for up to five up to five(5)years with Senior Resource Center,Inc. at 912 Princess Anne Road re provide support and services to senior citizens residing in the southern part of Virginia Beach Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A BUILDING LEASE AND 3 COOPERATIVE AGREEMENT FOR UP TO 5 YEARS 4 WITH THE SENIOR RESOURCE CENTER, INC. 5 LOCATED AT 912 PRINCESS ANNE ROAD 6 7 WHEREAS, volunteer members of Senior Resource Center, Inc., ("SRC") and 8 the City of Virginia Beach (the "City") cooperatively provide support and services to 9 senior citizens residing in the southern part of Virginia Beach; 10 11 WHEREAS, SRC has been operating from a City-owned building located at 912 12 Princess Anne Road, Virginia Beach, Virginia, formerly known as the Old Creeds 13 Library (the "Premises"), for the past 13 years; 14 15 WHEREAS, SRC and the City wish to enter into a building lease and cooperative 16 agreement for use of the Premises and memorialization of the support services to be 17 provided by the City to SRC; 18 19 WHEREAS, the Premises will be utilized for providing senior citizens living in the 20 southern part of Virginia Beach and their caregivers with resources and assistance, and 21 for no other purpose; and 22 23 WHEREAS, SRC has agreed to pay the City $1 .00 per year for the use of the 24 Premises. 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute any documents necessary 30 to lease the Premises and provide support services to the Senior Resource Center, Inc. 31 for up to 5 years, in accordance with the Summary of Terms attached hereto as Exhibit 32 A and made a part hereof, and such other terms, conditions or modifications as may be 33 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the loth day of 36 October , 2020. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM iatethah 46AAdd dev.1.5441y City Attorney Public Works/Facilities Management CA15184 \\vbgov.com\dfsl\applications\citylaw\cycom 32\wpdocs\d014\p036\00666987.doc R-1 October 2, 2020 SUMMARY OF TERMS BUILDING LEASE AND COOPERATIVE AGREEMENT WITH THE SENIOR RESOURCE CENTER, INC., FOR 912 PRINCESS ANNE ROAD LESSOR: City of Virginia Beach LESSEE: Senior Resource Center, Inc., a Virginia non-stock, tax exempt charitable organization PREMISES: 912 Princess Anne Road (Old Creeds Library — Building Only) TERM: November 1 , 2020 — October 31, 2025 (5 years) RENT: $1 .00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises to provide senior citizens living in the southern part of Virginia Beach and their caregivers with resources and assistance, and for no other purpose. • Maintain Premises by keeping all equipment and improvements in a safe, clean and orderly condition. • Maintain applicable liability insurance, as determined by the City's Risk Manager. • Any agreement involving the land will be made separately between SRC and Schools, if necessary. RIGHTS AND RESPONSIBILITIES OF CITY: • The City's Department of Human Services ("DHS") will have one staff member working up to 16 hours per week, to: (a) provide service/resource information applicable and available to senior citizens in Virginia Beach, (b) consult with family caregivers and senior citizens, and (c) provide SRC reports, pamphlets and other materials to be used for senior citizens. • The City's Department of Information Technology ("IT") shall provide updates to software and hardware; provide support assistance for City-owned equipment and associated DHS services. • The City's Department of Public Works shall provide building maintenance and custodial services. TERMINATION: • City may terminate at any time by giving sixty (60) days' advance written notice. 80 ITEM— VII.I.13 ORDINANCES/RESOLUTIONS ITEM#70920 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED TO DECEMBER 8, 2020, BY CONSENT, Ordinance to AUTHORIZE the acquisition of property in fee simple re Princess Anne Plaza North London Bridge Creek Pump Station Project, CIP# 7-089 and the acquisition of temporary and permanent easements, either by agreement or condemnation Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 81 ITEM— VII.L14 ORDINANCES/RESOLUTIONS ITEM#70921 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of City-Owned Property known as Treasure Canal in Bay Island adjacent to 2233 Spinnaker Circle re construct and maintain a proposed boat lift Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE A 5 TEMPORARY ENCROACHMENT INTO A 6 PORTION OF CITY-OWNED PROPERTY 7 KNOWN AS TREASURE CANAL IN BAY 8 ISLAND ADJACENT TO 2233 SPINNAKER 9 CIRCLE 10 11 WHEREAS, Mark and Kathleen Pawlak have requested permission to 12 construct and maintain a proposed boat lift (the "Temporary Encroachment") adjacent to 13 their property located at 2233 Spinnaker Circle (GPIN: 2409-19-6603). The Temporary 14 Encroachment would extend into the City's property known as Treasure Canal in Bay 15 Island; and 16 17 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mark and Kathleen Pawlak,their 26 heirs, assigns and successors in title, are authorized to construct and maintain the 27 proposed boat lift in the City's property known as Treasure Canal in Bay Island, as shown 28 on the map entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR A BOAT LIFT BAY 29 ISLAND, SECTION TWO, LOT 209 (M.B. 48, PG. 15) FOR MARK& KATHLEEN PAWLAK 30 2233 SPINNAKER CIRCLE, VIRGINIA BEACH, VA 23451 GPIN: 2409-19-6603, DATE: 31 MAY 29, 2020,", prepared by Waterfront Consulting, Inc., a copy of which is attached 32 hereto as Exhibit A, and on file in the Department of Public Works, to which reference is 33 made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachmentis expressly subject to 36 those terms, conditions and criteria contained in the agreement between the City of Virginia 37 Beach and Mark and Kathleen Pawlak(the"Agreement"), an unexecuted copy of which has 38 been presented to the Council in its agenda, and after execution, will be recorded among 39 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time Mark and Kathleen Pawlak and the City Manager or his authorized designee 46 execute the Agreement. i 20th 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the-6*h day 48 of October, 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE `-/DA R. AR EY R SENIOR ITY A ORNEY CA 14672 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p031\00624183.doc R-1 September 14, 2020 2 EX. WHARF - . - ••"--<- MANMADE CANAL N/F CITY OF VIRGINIA BEACH +-EB88 MANMADE CANALS IN BAY EX- LIFT FLOOD-0' ISLAND F� 12.8, PROPOSED MLW AND MHW AT e _o FOUR PILE BOAT LIFT FACE OF EX. BKHD ON 'S)' 13•6 N 33.1Q,1 HD BOTH SIDES OF CANAL _.. ., 0" E EX BK 58.20'� PIN ON LINE '- - _ PIN ON LINE EX. WHARF S 66'50'04" E 19.81 AND BULKHEAD PIN I .'L LOT 210 6\15. N/F LARRY DEMMERLE �'sr- GPIN: 24091957680000 20 o I INST: 20160527000450020 u)4 z 44 LOT 209 'i n i GPIN:24091966030000 o N3 o� ,- INST:20170711000579070 \ CCA + IN 2233 SPINNAKER CIRCLE wow NI ,� \r ,P CO o m co 1 2 STY. FR. `'9p Q � J #2233 co PIN(F) Ja PIN(F) i _ O��/ f .S•I, itito ` L-69.44' ` �� U GORY 0.MILSTEAD sa�� PIN • N/ ■ Lic. No.047323 'r4y� C/IQC R=52.36' 0 40' 80' ,A#9 ,, AS • PIN 1" 40' 'ZONAL L PIN R=10.00' SCALE 1"=40' L=14.30' "4::. "�� WATERFRONT EXHIBIT A CONSULTING. INC. ENCROACHMENT REQUEST FOR A BOAT LIFT 2589 QUALITY COURT. STE. 323 BAY ISLAND, SECTION TWO, LOT 209 (M.B.48, PG. 15) VIRGINIA BEACH, VA 23454 FOR C:757-619-7302 MARK & KATHLEEN PAWLAK ENGINEERING SERVICES PROVIDED BY: ' 2233 SPINNAKER CIRCLE, VIRGINIA BEACH, VA 23451 CHESAPEAKE BAY SITE SOLUTIONS,INC. GPIN:2409-19-6603 DATE: MAY 29, 2020 I -- '5119193LVW 10 NOi1971MM$314VNOLLV3911VI ONv Walla=ap l d0 l JL�HS 41-9�,'1 OOv I =oN SVarvas 0199SDO d0 NOILVOMJ00W 01 MOW NOILVV19014131VIInoovN1 ANY d0 owsarlawN :3lya :Ao WAY saI A29AOOSaa moan JIdOM ano 3LVn1vA339 Cu 411Nruigothici NV N3AIO moo f"Vu +>n °edMit ory aakILON3e11VHs-OH'Hamm lnvd'NOUOn11LSN0301iowdoa»A39 NNOYyl00WWMO/mamma I `JNId33NIJN3 V 'IVHSNLIOM•sDavisonsv317 iO Viva alvain3Ovta dO m03N909113 Sod ,eA a. 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PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1I day of iqu(ci , 20 26 , by and between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARK PAWLAK and KATHLEEN PAWLAK, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, piece or parcel of land designated and described as Lot "209" as shown on that certain plat entitled, "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1" = 100",dated October 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2233 Spinnaker Circle, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a four pile boat lift extending approximately 10.1' and having a width of 12.8', the 'Temporary Encroachment", in the City of Virginia Beach. GPIN: Not assigned - City Property (Treasure Canal in Bay Island) 2409-19-6603 — 2233 Spinnaker Circle WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Treasure Canal adjacent to Lot 209 in Bay Island, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed End maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and Is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: `EXHIBIT .A ENCROACHMENT REQUEST FOR A BOAT LIFT BAY ISLAND, SECTION TWO, LOT 209 (M.B. 48, PG. 15) FOR MARK & KATHLEEN PAWLAK 2233 SPINNAKER CIRCLE, VIRGINIA BEACH, VA 23451 GPIN: 2409-19-6603," dated May 29, 2020, and prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorneys fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City it is further expressly understood and agreed t►iat the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement,the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such 4 compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Mark Pawlak and Kathleen Pawlak, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number. My Commission Expires: 6 By: Mark Pawlak, Owner By:i64h0-0•2114) Kathleen Pawlak, Owner STATE OF V;vj CITY/COUNTY OF �--eo (AN , to-wit: The foregoing instrument was acknowledged before me this i 1` day of Qrvkvd f , 2020, by Mark Pawlak and Kathleen Pawlak. (SEAL) Notary Public �- � Notary Registration Number: 9-1-(03 pt�a NOOTARY PUB LCpORFF My Commission Expires: PlYA 1)0, yet. REG. #7763042 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30,2022 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: X194 dt SIGNATURE DAtR. -R. H EVER, l SE ' CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT!DIVISION 7 EX. WHARF =- -- . MANMADE CANAL N/F CITY OF VIRGINIA BEACH �E88 MANMADE CANALS IN BAY EX. LIFT �.} FLOOD-+ ISLAND F� 12 8. PROPOSED MLW AND MHW AT o FOUR PILE BOAT LIFT FACE OF EX. BKHD ON e�-70 `13 6 N 3`�10'1 ND BOTH SIDES OF CANAL , 0 E EX BKHD ti. 58.20% = PIN ON LINER--` _ PIN ON LINE EX. WHARF S 66 50'04" E 19.81' AND BULKHEAD PIN .'L LOT 210 0� N/F LARRY DEMMERLE 1 \`R• GPIN: 24091957680000 `> zc) ID /4 INST: 20160527000450020 :71 z1 o LOT 209 ..1 n GPIN:24091986030000 . o 4 0 r- INST:20170711000579070 \ can I N 2233 SPINNAKER CIRCLE • •• r. lbI g I 2 STY. FR. `�o �.1-)` I . '*2233 , ° ' PIN(F) • Jr PIN(F) ,. OQ- ,Jr/. ' R=50.00' ; ?e H OF ` :.;.`+i' L=69.44' n9 4S -) L' GORY O.MILSTEAD �� PIN • N, Uc. No.047323 C/ R=5D.00 lk H J �C L=52.36' 0 40 80 44 t • PIN 1" = 40' #�u'iONAL b pIN R=10.00' SCALE 1"=40' L=14.30' "'s *' : WATERFRONT EXHIBIT A %4 - CONSULTING, INC. ENCROACHMENT REQUEST FOR A BOAT LIFT 2589 QUALITY COURT, STE. 323 BAY ISLAND, SECTION TWO, LOT 209 (M.B.48, PG. 15) VIRGINIA BEACH, VA 23454 FOR C: 757-619-7302 MARK & KATHLEEN PAWLAK ENGINEERING SERVICES PROVIDED BY: 2233 SPINNAKER CIRCLE, VIRGINIA BEACH, VA 23451 CHESAPEAKE BAY SITE SOLUTIONS,INC. GPIN:2409-19-6603 DATE: MAY 29, 2020 \-,,, 1 ill z 0 ----- - \''., • ti W S .- I .a 1 �4. 3 �� ,, 3 i ' i to Iau vi JI 3 N 'R fml N N n 20 d 5 c9 Z d I?kI< n z $ 1 ii ia Yil ic'l §1 2 . oll 6g ' El E 0 I i (ovios)a./T-T ..igg g • Will ...1 us < • 0 le 0 Cl < a4a4tt g et Cf < g ., isi_. l, wz o . i {{ ili = M N .i N z N .4 N h h J R f N N ��y<=j �� S �iOQ �� Z v Z 0 i —CIA. in v — HAI!la1732310 ��� a$ <g; igilglYK5f51261; r. a. 2g -tzEEelv 2<' O t5� 6Ela tomes tomes iom0. : _ Z NO ` 5<; Iru' gym'. a `"^et' - did lwttiza2 t E e e I laQ o v� . mv.ot °Pi < J�/j �j O 2 at e ` '` x X x EE EY p eD X X i N '� <1 u<7 m e X X - FQ LL MA X X �;, , '•— aL i d �'hNs,a < ZLL cc c u 'Q H , t0 h J W > 0 i sr t0 t0 t0 tG t Q= _ t0 C —Ix J X X m0 V b ' `- m Z Z Z Z Z _ E O sil iimpmfiltil , o • 3M co s J zs 0 0 I $ O o e I � N Nz Z 3 4. k k R R N N ti ti ft n . N ri• 1001teae w `": $ d o- '>) . 8 SITE _r r^— ----/41 ill �1 �'%., \ T 2409-19-66031 f 71 7 '' i 7 \\N ---., r------::;Cj*- ..",--\\ '-\`--_-•,....,.„._,.., _' ., .,. ,_ ---.."-- "? 77:1"/ DR • LOCATION MAP ENCROACHMENT REQUEST Legend FOR cnity proprn _ MARK AND KATHLEEN PAWLAK MIMI2���p� 60 2233 SPINNAKER CIRCLE GPIN 2409-19-6603 Note: This property is not .� Feet located in AJCUZ Noise Zone f 0 50 100 200 treparedby1"W..itNi hg.SuppedServices ureauQ1i-31-2U' K:VLI�DDWfopcts TCFiesL4GtNDAMAPS24Q9.49-66Q 82 ITEM— VILL1S ORDINANCES/RESOLUTIONS ITEM#70922 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance to AUTHORIZE a temporary encroachment into a portion of existing, unimproved City right-of-way at the Corner of Schumann Drive,formerly Old Dam Neck Road,and Firefall Drive located adjacent to 685 Firefall Drive re construct and maintain an interpretive park comprised of an asphalt path, bordered with reclaimed brick,five (5) interpretive signs, three (3) benches, trash receptacles and a dog waste station Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 83 ITEM— VII.L.16 ORDINANCES/RESOLUTIONS ITEM#70923 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to RESERVE Fund Balance within the General Fund for the Pandemic Financial Relief and Assistance and APPROPRIATE $10-Million in grants to the United Way of South Hampton Roads ($8-Million)and FY2020-21 Emergency Medical Services(EMS) Operating Budget($2 Million) re emergency assistance for residents and nonprofit volunteer rescue squads Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO RESERVE FUND BALANCE WITHIN 2 THE GENERAL FUND FOR THE PURPOSE OF PANDEMIC 3 FINANCIAL RELIEF AND ASSISTANCE AND TO 4 APPROPRIATE $10 MILLION FOR GRANTS TO 5 NONPROFIT RESCUE SQUADS AND FOR EMERGENCY 6 ASSISTANCE 7 8 WHEREAS, the City of Virginia Beach recognizes that there are citizens are in 9 need of additional financial relief and assistance due to the coronavirus pandemic; 10 11 WHEREAS, the City Council Fund Balance Policy of the City of Virginia Beach is 12 that the city shall maintain an unassigned fund balance in the General Fund of 8-12% of 13 the following year's budgeted revenues; and 14 15 WHEREAS, the City of Virginia Beach has, even with this appropriation action, 16 sufficient unassigned fund balances to adhere to the Fund Balance Policy. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1. The City Manager is hereby directed to place a reservation of $39,258,497 within 22 the fund balance of the General Fund for the purpose of providing pandemic 23 financial relief and assistance. 24 25 2. From the amounts reserved in the fund balance above, $8 million is hereby 26 appropriated for purposes of a donation to the United Way of South Hampton 27 Roads (the "United Way"). These funds are intended to be used to provide 28 emergency assistance to the residents of the City. The United Way is hereby 29 requested to use such funds for the following purposes: 30 a. $2 million for small business assistance, with consideration for certified Small, 31 Woman-owned, and Minority-owned (SWaM) businesses; 32 b. $2 million for workforce development programs; 33 c. $2 million for food support; 34 d. $2 million for individuals and families for medical expenses, emergency 35 assistance or unemployment needs. 36 37 3. From the amounts reserved in the fund balance above, $2 million is hereby 38 appropriated and transferred to the FY 2020-21 Operating Budget of the 39 Department of Emergency Medical Services (EMS). The City Council authorizes 40 these funds to be provided to the nonprofit volunteer rescue squads that partner 41 with EMS to provide service delivery to citizens in the form of grants. 42 43 4. The $29,258,497 remaining in the Pandemic Financial Relief and Assistance 44 Reserve is hereby reserved until such time as the City Council appropriates 45 additional funds therefrom. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 t h day of 0ctobe2020 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY Budget and Management Services y's Office CA-15176 R-3 September 30, 2020 84 ITEM— VII.L.17 ORDINANCES/RESOLUTIONS ITEM#70924 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $2.4 Million of Fund Balance in the General Fund and $831,851 of Fund Balance in the Waste Management Enterprise Fund re purchase replacement vehicles and equipment Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO APPROPRIATE $2,400,000 OF FUND 2 BALANCE IN THE GENERAL FUND AND $831,851 OF 3 FUND BALANCE IN THE WASTE MANAGEMENT 4 ENTERPRISE FUND TO PURCHASE REPLACEMENT 5 VEHICLES AND EQUIPMENT 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $2,400,000 of fund balance in the General Fund is hereby appropriated, with 11 revenues increased accordingly, to the Waste Management Enterprise Fund for 12 the purchase of replacement vehicles and equipment; and 13 14 2. $831,851 of fund balance in the Waste Management Enterprise Fund is hereby 15 appropriated, with revenues increased accordingly,within the Waste Management 16 Enterprise fund for the purchase of replacement vehicles and equipment. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of October , 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY- Budget& Management Services City A s Office CA15165 R-1 September 22, 2020 85 ITEM— VII.I.18a ORDINANCES/RESOLUTIONS ITEM#70925 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: a. $29,000 from the Department of Forestry to FY2020-21 Parks and Recreation Operating Budget and to AUTHORIZE local match re tree plantings and review/update the Urban Forest Management Plan Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 TWO URBAN COMMUNITY FORESTRY 3 ASSISTANCE GRANTS AND TO AUTHORIZE A 4 LOCAL GRANT MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $29,000 of grant funding from the Virginia Department of Forestry is hereby 10 accepted and appropriated, with estimated state revenues increased 11 accordingly, to the FY 2020-21 Operating Budget of the Department of Parks 12 and Recreation for tree plantings and to review and update the Urban Forest 13 Management Plan. 14 15 2. A local match from in-kind resources and existing appropriations is hereby 16 authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day of October , 2020. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J Budget& Management Services City o y's e CA15173 R-1 September 23, 2020 86 ITEM— VII.I.18b ORDINANCES/RESOLUTIONS ITEM#70926 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, spoke in OPPOSITION Aubrey Jones, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: b. $36,000 from Virginia Department of Criminal Justice Services to FY2020-21 Police Department Operating Budget re purchase of sanitizing equipment Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE$36,000 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES FOR SANITIZING EQUIPMENT 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $36,000 in pass-through federal funds from the Virginia Department of Criminal 9 Justice Services is hereby accepted and appropriated, with federal revenue increased 10 accordingly, to the Police Department in the Fiscal Year 2020-21 Operating Budget 11 for the purchase of sanitary equipment. 12 13 2. The replacement of the above items purchased with these grant funds is conditioned 14 upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t hday of October 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ity A ey's Office CA15170 R-1 September 23, 2020 87 ITEM— VII.I.18c ORDINANCES/RESOLUTIONS ITEM#70927 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, spoke in OPPOSITION Aubrey Jones, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: c. $48,000 from the Department of Motor Vehicles (DMT'7 to the FY 2020- 21 Police Department Operating Budget and to AUTHORIZE 50% in- kind match re overtime related to the enforcement of DUI laws Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF DUI LAWS AND TO 3 AUTHORIZE AN IN-KIND GRANT MATCH 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $48,000 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration via the Virginia Department of Motor Vehicles is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2020- 11 2021 Police Department Operating Budget for overtime related to the enforcement of DUI 12 laws. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 O t belay of October 2020. Requires an affirmative vote by a majority of ail the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A y's Offi CA15169 R-1 September 23, 2020 88 ITEM— VILI.18d ORDINANCES/RESOLUTIONS ITEM#70928 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, spoke in OPPOSITION Aubrey Jones, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, Ordinance to ACCEPT and APPROPRL4TE: d. $48,200 from the Department of Motor Vehicles(DMV) to the FY2020-21 Police Department Operating Budget and to AUTHORIZE 50% in-kind match re overtime related to the enforcement of seat belt laws Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE ENFORCEMENT OF SEAT BELT LAWS 3 AND TO AUTHORIZE AN IN-KIND GRANT MATCH 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $48,200 from the U.S. Department of Transportation National Highway 9 Traffic Safety Administration, via the Virginia Department of Motor Vehicles, is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2020- 11 2021 Police Department Operating Budget for overtime related to the enforcement of seat 12 belt laws. 13 14 2. The local grant match (50% of the provided federal funds) is to be made in- 15 kind by the Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t hday of October 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l • Budget& Management Services City Atto 's Office CA15168 R-1 September 23, 2020 89 ITEM— VII.L18e ORDINANCES/RESOLUTIONS ITEM#70929 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: e. $288,975 from the Department of Homeland Security to the FY 2020-21 Police Operating Budget and TRANSFER $5,075 within the FY2020-21 Police Operating Budget to provide the required local grant match re marine patrol equipment Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS, TO APPROPRIATE SALE OF PROPERTY FUNDS, 3 AND TO TRANSFER FUNDS WITHIN THE FY 2020-21 NON- 4 DEPARTMENTAL AND POLICE DEPARTMENT OPERATING 5 BUDGETS FOR MARINE PATROL EQUIPMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $288,975 is hereby accepted from the United States Department of Homeland 11 Security and appropriated, with federal revenues increased accordingly, to the FY 12 2020-21 Police Department Operating Budget for the purchase of a replacement 13 marine patrol vessel and an electronics upgrade to a separate marine patrol vessel. 14 15 2. $40,000 from the sale of property is hereby appropriated, with estimated revenue 16 increased accordingly, to the FY 2020-21 Police Department Operating Budget to 17 provide a portion of the required local grant match for the replacement marine patrol 18 vessel. 19 20 3. $51,250 is hereby transferred from the FY 2020-21 Non-Departmental General 21 Fund Vehicle Replacement Program Operating Budget to the FY 2020-21 Police 22 Department Operating budget to provide a portion of the required local grant match 23 for the replacement marine patrol vessel. 24 25 4. $5,075 is hereby transferred within the FY 2020-21 Police Department Operating 26 Budget to provide the required local grant match for the electronics upgrade. 27 28 5. The equipment purchased with these grant funds is not guaranteed to be replaced 29 by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 2 0 t h day of October 2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services City A ey's CA15167 R-1 September 23, 2020 90 ITEM— VILI.18f ORDINANCES/RESOLUTIONS ITEM#70930 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: f $49,000 from the Department of Homeland Security to the FY2020-21 Police Operating Budget re law enforcement equipment Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $49,000 2 IN FEDERAL GRANT FUNDS FOR LAW ENFORCEMENT 3 EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 6 VIRGINIA THAT: 7 8 1. $49,000 from the United States Department of Homeland Security. through the federal 9 Fiscal Year 2020 State Homeland Security Grant Program, is hereby accepted and 10 appropriated, with federal revenue increased accordingly, to the FY 2020-21 11 Operating Budget of the Police Department for the purchase of law enforcement 12 equipment 13 14 2. The replacement of the above items purchased with these grant funds is conditioned 15 upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of October 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: - Budget and Management Services C4 A " ey's Office CA1151 83 R-1 October 7 2020 91 ITEM— VILL18g ORDINANCES/RESOLUTIONS ITEM#70931 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: g. $39,258,497 from the United States Department of Treasury CARES Act Coronavirus Relief Fund to FY2020-21 Grant Fund re reimbursable expenses Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $39,258,497 FROM THE UNITED STATES DEPARTMENT 3 OF TREASURY FOR CARES ACT CORONAVIRUS RELIEF 4 FUND ELIGIBLE EXPENSES 5 6 WHEREAS, the Commonwealth of Virginia received a payment from the United 7 States Treasury through the Coronavirus Aid, Relief, and Economic Security (CARES) 8 Act's Coronavirus Relief Fund, and distributed to the City an initial payment of 9 $39,258,497; 10 11 WHEREAS, the City of Virginia Beach has now received a second payment of 12 $39,258,497 from the Commonwealth of Virginia's federal funds in FY 2020-21; 13 14 WHEREAS, Section 8 of the Annual Appropriation Ordinances authorizes the 15 expenditure of grant funding over multiple fiscal years if the period of expenditure of such 16 grant includes more than a single fiscal year; 17 18 WHEREAS, notwithstanding the date of adoption, the Council intends for this 19 appropriation to include reimbursable expenditures as permitted by Section 5001 of the 20 CARES Act, which extends back to March 1, 2020; 21 22 WHEREAS, any funds provided by the United States Treasury are required to be 23 spent or returned by December 30, 2020; and 24 25 WHEREAS, the City Council held a public hearing upon this proposed 26 appropriation of funds at its August 18, 2020, Regular Meeting. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA THAT: 30 31 $39,258,497 in federal funds from the United States Department of the Treasury, 32 via the Commonwealth of Virginia, is hereby accepted and appropriated, with federal 33 revenue increased accordingly, in the Grant Fund of the Fiscal Year 2020-21 Operating 34 Budget for the reimbursement and payment of payroll expenses for public safety and 35 public health employees. Consistent with the previous approval of CARES Act 36 Coronavirus Relief Fund funding, the Council is appropriating these funds to the Grant 37 Fund, and the eligible expenditures subject to reimbursement include eligible expenses 38 incurred after March 1, 2020 and before December 30, 2020. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 t h day of0ctober2020. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services yi Atto re Office CA-15142 / R-2/ September 24, 2020 92 ITEM— VII.I.18h ORDINANCES/RESOLUTIONS ITEM#70932 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jay Boone, spoke in OPPOSITION Aubrey Jones, spoke in OPPOSITION Upon motion by Vice Mayor Wood, seconded by Council Member Jones, City Council ADOPTED, Ordinance to ACCEPT and APPROPRIATE: h. $70,991 from the Edward Byrne Justice Assistance Grant (JAG) to the FY2020-21 Sheriff's Office, Police Department and Community Corrections and Pre-Trial Services Division Operating Budgets re law enforcement purposes Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE BYRNE 2 JAG GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $70,991 from the United States Department of Justice, through the federal Fiscal Year 9 2020 Edward Byrne Justice Assistance Grant, is hereby accepted and appropriated, 10 with federal revenue increased accordingly, to the following departments, in the 11 following amounts, for the following purposes in their Fiscal Year 2020-21 Operating 12 Budgets: 13 14 a. $22,118 to the Virginia Beach Sheriffs Office for the purchase of two 15 cameras and a spotlight at the Virginia Beach Correctional Center: 16 17 b. $25,210 to the Police Department for the purchase of law enforcement 18 equipment for the Uniform Patrol Division and bicycles; 19 20 c. $23,663 to the Community Corrections and Pre-Taal Services Division for 21 the purchase of a video communication system and a kiosk at the Virginia 22 Beach Judicial Center, and to fund a temporary contractual administrative 23 position. 24 25 2. The Mayor in his capacity as chief elected official of the City of Virginia Beach, is 26 hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary 27 agreements. certifications, and assurances as instructed and required by the United 28 States Department of Justice 29 30 3. The replacement of the above items purchased with these grant funds is conditioned 31 upon the receipt of future grant funds Adopted by the Council of the City of Virginia Beach, Virginia on the _20th day of October , 2020. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 /(4.k} budget and Management Services City Attor y's Office CA15234 R-1 October 7, 2020 93 ITEM— VILL18i ORDINANCES/RESOLUTIONS ITEM#70933 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: i. $836,401 from the Federal Emergency Management Agency (FEMA) to the FY2020-21 Emergency Management Operating Budget re Regional Housing Plan Project Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $836,401 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO THE OFFICE OF 4 EMERGENCY MANAGEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. 7 VIRGINIA, THAT: 8 9 $836,401 from the Federal Emergency Management Agency is hereby accepted 10 and appropriated, with federal revenue increased accordingly to the FY 2020-21 11 Operating Budget of the Office of Emergency Management for the Regional Housing Plan 12 Project The staff is to work with regional partners to provide the required local match 13 through in-kind resources. Requires an affirmative vote by a majority of all the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 20thday of October _ 2020. APPROVED AS TO CONTENT. APPRO ED AS TO LEGAL SUFFICIENCY: ttilT - Budget and Management Services C.tv Attor y's Office CA15237 R-1 October 7 2020 94 ITEM— VII.I.18j ORDINANCES/RESOLUTIONS ITEM#70934 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: j. $2,941,791 from Housing and Urban Development (HUD) in Federal Funding and Program Income to the FY2020-21 Housing. and Neighborhood Preservation Operating Budget re adjustments in Community Development Block Grant, Housing Choice Voucher and HOME Programs Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $2,941,791 IN FEDERAL FUNDING AND PROGRAM 3 INCOME TO THE FY 2020-21 OPERATING BUDGET 4 OF THE DEPARTMENT OF HOUSING AND 5 NEIGHBORHOOD PRESERVATION 6 7 WHEREAS an opportunity for public input was required before the adoption of this 8 ordinance and was advertised in the Virginian-Pilot on October 9. 2020. which was 9 conducted virtually on October 15, 2020. 10 11 NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA THAT. 13 14 The following adjustments are made in the Department of Housing and 15 Neighborhood Preservation's FY 2020-21 Operating Budget: 16 17 1 $2,069,846 is hereby accepted and appropriated, with federal revenues 18 increased accordingly. for the Community Development Block Grant Program: 19 2. S826,776 is hereby accepted and appropriated, with federal revenues 20 increased accordingly for the Housing Choice Voucher Program: 21 3. S38.759 is hereby accepted and appropriated, with federal revenue increased 22 accordingly, for the Community Development Block Grant Program: and 23 4. S6.410 in HOME Program revenue is hereby appropriated, with revenue 24 increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 20th day of 0ctaber 2020. Requires an affirmative vote by a -?:aority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. d7..-11 Budget & Management Services y A 's Office CA15235 R-1 October 7. 2020 95 ITEM— VILI.19a ORDINANCES/RESOLUTIONS ITEM#70935 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: a. $180,000 within the Waste Management Enterprise Fund and AUTHORIZE 7.5 temporary part-time positions re Apprenticeship Program Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO TRANSFER $180,000 WITHIN THE 2 WASTE MANAGEMENT ENTERPRISE FUND AND TO 3 AUTHORIZE 7.5 PART-TIME FTES FOR AN 4 APPRENTICESHIP PROGRAM 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $180,000 is hereby transferred within the Waste Management Enterprise Fund for 10 the implementation of an apprenticeship program; and 11 12 2. 7.5 temporary part-time positions are hereby established within the Waste 13 Management Enterprise Fund for the apprenticeship program. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of October , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services ity A ey's Office CA15172 R-1 September 23, 2020 96 ITEM— VII.I.19b ORDINANCES/RESOLUTIONS ITEM#70936 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: b. $1.5 Million within the Stormwater Enterprise Fund re debt service payments Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO TRANSFER $1,500,000 WITHIN THE 2 STORMWATER ENTERPRISE FUND FOR DEBT SERVICE 3 PAYMENTS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 THAT: 7 8 $1,500,000 is hereby transferred within the Stormwater Enterprise Fund to provide 9 debt service related to the fall 2020 issuance and sale of Stormwater Revenue Bonds. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 0 t h day of October , 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: l J _ Budget & Management Services ri y Atto 's Office CA15171 R-1 September 23, 2020 97 ITEM— VILL19c ORDINANCES/RESOLUTIONS ITEM#70937 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER: c. $133,703 to Non-Departmental Operating Budget and AUTHORIZE the City Manager to enter into a long-term lease with the Commonwealth of Virginia re Virginia Aquarium parking lot premises Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 1 AN ORDINANCE TO TRANSFER $133,703 WITHIN THE FY 2 2020-21 OPERATING BUDGET FOR THE VIRGINIA 3 AQUARIUM PARKING LOT LEASE AND TO AUTHORIZE 4 THE CITY MANAGER TO ENTER INTO A NEW LEASE FOR 5 THE PREMISES 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $133,703 is hereby transferred from the General Fund Reserve for Contingencies 11 to Non-Departmental Operating Budget to allow payment to the Commonwealth of 12 Virginia for the Virginia Aquarium parking lot (the "Premises"). 13 14 2. The City Manager is hereby authorized and directed to enter into a long term lease 15 with the Commonwealth of Virginia for the Premises, in accordance with Exhibit A: 16 Summary of Terms, attached hereto and made a part thereof, and any other terms 17 and conditions as determined to be satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20th day of October 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services i Attgrr'ey's 0 ice CA15236 R-2 October 8. 2020 EXHIBIT A SUMMARY OF TERMS VIRGINIA AQUARIUM PARKING LOT LEASE LESSOR: Commonwealth of Virginia, Department of Military Affairs LESSEE: City of Virginia Beach PREMISES: Approximately 11.9 acres, located on land commonly known as Camp Pendleton State Military Reservation (SMR), and currently used as parking for the Virginia Beach Aquarium and overflow parking for the Rudee Inlet boat ramp TERM: November 1, 2020 — October 31, 2070 (50 years), with an option to renew for an additional 50 years RENT: $50,000.00 for the first year; 3°/0 escalation annually ADDITIONAL IMPROVEMENT PAYMENT: - $2,500,000 to be paid in FY 2021 - $2,500,000 to be paid in FY 2022 RIGHTS AND RESPONSIBILITIES OF PARTIES: - City will have the right to make improvements to the Rudee Inlet boat landing site, and construct a multi-phase, multi-story parking deck on Virginia Beach Aquarium parking lot - City will own and maintain the parking deck - City will design and construct intersection improvements on General Booth Boulevard and a new signal-controlled entrance to SMR - Commonwealth will construct a new secure access point, including all desirable or supporting facilities, to SMR 98 ITEM— VII.J.1 PLANNING ITEM#70938 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of 64`" STREET, LLC for a Conditional Use Permit re short term rental at 205 64`"Street DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 64`"STREET,LLC for a Conditional Use Permit re short term rental at 205 64th Street(GPIN 2419731192)DISTRICT S—LYNNHAVEN The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 205 64th Street and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance (CZO) or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and October 20, 2020 99 ITEM— VII.J.1 PLANNING ITEM#70938 (Continued) c) Proof of liability insurance applicable to the rental activity of at least $1- Million dollars 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million dollars underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 15. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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 20th day of October Two Thousand Twenty. October 20, 2020 100 ITEM— VII.J.1 PLANNING ITEM#70938 (Continued) Voting: 8-2 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: Michael F. Berlucchi October 20, 2020 0(, C �� �` City of Virirnia Beach '1'1J U ,/ �fyY. \�S 0�J OF OUR N41�� VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 Refer to file no.:0068190 October 20, 2020 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the applications of 64th Street, LLC for a conditional use permit for property located at 205 64th Street. 2. The applicant has disclosed that Dixon Hughes Goodman LLP ("DHG") is one of its service providers. 3. I have a personal interest in DHG because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. DGH's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- October 20, 2020 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, mtl_.a.1,44_, e,(0 _64,1,L.. Rosemary A. Wilson Councilmember RAW/RRI 5 R(tN E�)WI° . iwAilMi7-x' !ma %III ', , I' --- ' II otelolgiWiliii !Iir 111A Vilk ':,:,', \ st 7 . ILO _ 0 ' N.-- , , „ foist ,0_ q _ II i \ , 1 \ R-5R(NE) , , i __- gook \ 1 \_____ - \ , _ \i R-5R- NE) ___10 , - *‘ C\ ,, II ii\3, R-5R(`NE) , ii o treet 64th S ,; -• .1,1 41, , I ‘ ,.011- 1°1111111 \ . s .► 06*4 0" reef ,,,I/*0 0' '\\ \ t gor0o.00 oe''♦ - R-5 R(N`E`) lill R=5_1.(N-E.) , 0• \ voiso il 0 ` a a • N WA Site 64th Street, LLC w:`) .F Property_Polygons 205 64th Street V • Zoning Parking Lot Drive Aisle - wow= Feet 0 15 30 60 90 120 150 180 101 ITEM— VLL.2 PLANNING ITEM#70939 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of C AND C DEVELOPMENT COMPANY,INC& CJE REAL ESTATE, LLC for a Conditional Use Permit re short term rental at 2416 Arctic Avenue, Unit B DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA C AND C DEVELOPMENT COMPANY,INC& CJE REAL ESTATE, LLC for a Conditional Use Permit re short term rental at 2416 Arctic Avenue, Unit B (GPIN 24270927700002)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2416 Arctic Avenue, Unit B. 2. When Unit B is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "2416 Arctic B",prepared by Carroll W. Johnson, dated January 23, 2019, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO)or as approved by City Council and shall be installed and maintained in a manner consistent with site plan approval by the Development Services Center. 4. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit(s)through the Residential Parking Permit Program(RPPP)shall be limited to two(2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). October 20, 2020 102 ITEM— VLL.2 PLANNING ITEM#70939 (Continued) 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million dollars 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million dollars underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. October 20, 2020 103 ITEM— VLL.2 PLANNING ITEM#70939 (Continued) 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 20th day of October Two Thousand Twenty. Voting: 9-1 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer,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 Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi October 20, 2020 A3 ° _-- -6 _ _.treat -- - _ 25tb } —50 street ...iiii01? 0 \ \ 5 OR \ rt r, * \ f \\ _\ fo :/A-12 � \iok A_12_ A-12/, 1 \ \, � " -StetR 5D* - _ -�_ 7:3-, = -�f"S ta24th\ •0 0_��' ,�• OR�t � ,�, � t ,i Stre ��.► �, 1 =, 1 -th 1�1a� � V � A-12- _J ti4 �A-12 � �A-12 �'t 0 A-12- A-36 _ � o . ✓ 1 A-24 , Unit N /// Site C and C Development Company, Inc. W,A7- Property_Polygons 2416 Arctic Avenue, Unit B s ' Zoning l 1 Parking Lot Drive Aisle Feet �—i _ .. -. n 1 n2n an Rn Rn inn 12n 104 ITEM— VII.J.3a/b PLANNING ITEM#70940 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of STUART & LORI GOLDWAG for Conditional Use Permits re short term rental at 2002 Baltic Avenue, Units A and B DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA STUART&LORI GOLDWAG for Conditional Use Permits re short term rental at 2002 Baltic Avenue, Units A and B (GPIN 2427071910) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2002 Baltic Avenue, Units A & B, and the Short Term Rental use shall only occur in the principal structures as depicted in this application. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO) or as approved by City Council. 3. The covered parking spaces must remain a minimum of nine (9)-feet by eighteen (18)-feet and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 4. The proposed buildings shall be in substantial conformance with the submitted Concept Plan entitled, "Crescent Court" dated August 4, 2020, prepared by Altruistic Design, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development, unless deviations are approved by the Planning Director or his designee and are in conformance with the Oceanfront Resort District Form-Based Code. 5. While this Conditional Use Permit is active,parking passes issued for the subject dwelling unit(s) through the Residential Parking Permit Program (RPPP) shall be limited to two resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. October 20, 2020 105 ITEM— VILJ.3a/b PLANNING ITEM#70940 (Continued) 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million dollars 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. October 20, 2020 106 ITEM— VII.J.3a/b PLANNING ITEM#70940 (Continued) 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million dollars underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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 20`h day of October Two Thousand Twenty. Voting: 9-1 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer,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 Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi October 20, 2020 _ 1111. \ Pli \ OR 11111 "-"W ___________ -- OR 0 • -- -�a�f-- stye%� � �,Ill❑ 201hOR _�- i\, ;T.:. 0 - \-----‘ - fr \\ --th .,- - \ * Ii. �O R ORIllg-\\ , % 1 street 2011 1 Ili ta _ \ - �. ,/_ Street _ n ZpTh k i ______--- , 1 CD OR .--❑ OR Piiiiiii _........M111101 , MAIL /// Site Stuart & Lori Goldwag W.A4 .E Property_Polygons 2002 Baltic Avenue, Units A & B (. Zoning Parking Lot Drive Aisle — iimm. Feet n 1n on An an On 1nn 1on 107 ITEM— VILJ.4 PLANNING ITEM#70941 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of JKS PROPONENT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 304 28`h Street, Unit 209 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JKS PROPONENT PROPERTIES, LLC for a Conditional Use Permit re short term rental at 304 28`h Street, Unit 209(GPIN 24280028662009) DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 304 28`h Street, Unit 209 and the Short Term Rental use shall only occur in the principal structure. 2. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO) or as approved by City Council. 3. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 4. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). 5. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 6. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. October 20, 2020 108 ITEM— VII.J.4 PLANNING ITEM#70941 (Continued) a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1-Million dollars 7. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 8. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31- 26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 9. All refuse shall be placed in automated refuse receptacles, where provided,and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 10. Accessory structures shall not be used or occupied as Short Term Rentals. 11. No signage shall be on-site, except one (1),four (4) square foot sign, may be posted on the building which identifies the Short Term Rental. 12. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 13. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million dollars underwritten by insurers acceptable to the City. 14. There shall be no outdoor amplified sound after 10.:00 p.m. or before 10.•00 a.m. 15. The maximum number ofpersons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 16. To the extent permissible under state law, interconnected smoke detectors(which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. October 20, 2020 109 ITEM— VII.J.4 PLANNING ITEM#70941 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 201h day of October Two Thousand Twenty. Voting: 9-1 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer,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 Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi October 20, 2020 piellik1wirtgan---- - 11.• 1 !‘--` ALA p 4.1 , ce- \\r• v 0- \_ Lc1.1 lio I i' ce a 1 o Ci) th O 111 s WL -0 it ____,_ - N / o NI ..__„..,--- e_____ , _,...--w-- . .-„.. —. . ,. _ 1 ._ • _______--.- ,ilic----Ave"/- I, r:a ,Pa' _„--- --!- - ' '(I) le10 L, p \ � N'_.„..- VI a 1 \ _..,.....70.0 Ilk -- ' N 01‘I o 1✓ \ yo J i cm • \ ii 7°1 N (ID; N\ ‘... , to-- --- 0 4_7' re II v t--* \ _____;_akc: ). „.0. : O 1 % \ gi•ck\5( / N �r al °Ito° 2 o \tom r .--- c:3 ..... ti\V ' PI ri �. AV a '. ,� ,Cgli V6 .•�' ctic, ., �., OW Ve-• ir i 0 , diV 1 0 a) U O >I J 0 - N a) cz C I) t - O °5 L 5 CP in a N a m O -: 11 \ 0 0 1 I 110 ITEM— VII.J.5 PLANNING ITEM#70942 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of RACHAEL PANARIELLO for a Conditional Use Permit re short term rental at 911 Pacific Avenue, Unit A DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RACHAEL PANARIELLO for a Conditional Use Permit re short term rental at 911 Pacific Avenue, Unit A (GPIN 24272444111025)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 911 Pacific Avenue Unit A, and the Short Term Rental use shall only occur in the principal structure. 2. No vehicles longer than eighteen (18)-feet shall be permitted in the parking spaces associated with this Short Term Rental. 3. The ingress/egress area along Pacific Avenue shall remain clear in order for vehicles to safely enter and exit the property. 4. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO)or as approved by City Council. 5. A second parking space, at a location subject to approval by the Zoning Administrator, shall be available for use by the Short Term Rental occupants at all times. Proof of ability to use at least one off-street parking space at a location acceptable to the Zoning Administrator shall be provided to the Planning Department on an annual basis, as long as the Conditional Use Permit is active. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1 (8a). October 20, 2020 111 ITEM— VILJ.5 PLANNING ITEM#70942 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million dollars 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 15. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7)day period. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million dollars underwritten by insurers acceptable to the City. October 20, 2020 112 ITEM— VILJ.5 PLANNING ITEM#70942 (Continued) 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 19. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors, shall be installed in each Short Term Rental. 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 20`" day of October Two Thousand Twenty. Voting: 9-1 Council Members Voting Aye: Jessica P.Abbott,Mayor Robert M.Dyer,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 Voting Nay: Barbara M. Henley Council Members Absent: Michael F. Berlucchi October 20, 2020 R� t \ o tree -- -1-1 \ 1‘ . \v_____,r‘ 1:11 \ viltIN:V R-5S \ \ OR • .• . 0lik -OAR \ o \ 1 \\---- - A di it \ (1) ‘ 100/,404,,----"----; OR JO. J t1.ee orfh olk Aven __--- •Z \ ue 9 RT-3 77_ ' 0 --\\ IP. co OR � 'iz N // Site Rachael Panariello w-����.I W E 1 Property_Polygons 911 Pacific Avenue, Unit A s Zoning LParking Lot Drive Aisle - Feet i 0 20 40 80 120 160 200 240 113 ITEM— VILJ.6 PLANNING ITEM#70943 The following registered to speak: Jay Boone, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Jones, City Council DENIED Application of CAROL DAVIS for a Conditional Use Permit re short term rental at 1305 Chickadee Lane DISTRICT 6—BEACH Voting: 8-2 Council Members Voting Aye: Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Jessica P.Abbott Aaron R. Rouse Council Members Absent: Michael F. Berlucchi October 20, 2020 114 ITEM— VII.J.7a/b/c/d PLANNING ITEM#70944 The following registered to speak: Eddie Bourdon,Attorney for Applicant, spoke in SUPPORT Jay Boone, spoke in SUPPORT Stanley Vane, 513 9th Street, Phone: 287-7376, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dave Unger, 3974 Whispering Oaks, Phone: 620-9433, spoke in OPPOSITION Upon motion by Council Member Tower,seconded by Council Member Abbott, City Council APPROVED, AS CONDITIONED,Application of OCEAN RENTAL PROPERTIES,LLCfor Conditional Use Permits re short terms rentals at 516 Norfolk Avenue, Units 1, 2 4 and 5 DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA OCEAN RENTAL PROPERTIES, LLC for Conditional Use Permits re short terms rentals at 516 Norfolk Avenue, Units 1, 2 4 and 5 (GPIN 2427048118)DISTRICT 6—BEACH The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 516 Norfolk Avenue Units 1, 2, 4, 5 and the Short Term Rental use shall only occur in the principal structure. 2. Prior to the operation of the Short Term Rental Use, a Street Closure shall be submitted and approved by City Council for the unimproved portion of the Norfolk Avenue in front of 516 and 518 Norfolk Avenue. A new parking plan utilizing the closed portion of the right-of-way shall be reviewed by the Zoning Administrator. If City Council does not approve the Street Closure, all parking shall comply with the parking plan as submitted. 3. Off-street parking shall be provided as required by Section 241.2 of the City Zoning Ordinance(CZO)or as approved by City Council and shall be installed and maintained in a manner consistent with site plan approval by the Development Services Center. 4. As shown on the parking plan illustration within the "Site Layout and Parking Plan" section of this Staff report and unless a modification of material type and/or location is approved by the Zoning Administrator, the existing concrete driveway shall be widened to accommodate two additional stacked nine(9)-feet by eighteen (18)feetparkingspaces, as well as the removal of the depicted curb cut,gravel in right-of-way and the driveway apron directly in front of the property.. A building permit for this additional concrete parking space must be obtained from the Permits and Inspections division of the Department of Planning and Community Development within sixty(60)days of any City Council approval for the proposed Short Term Rental use. October 20, 2020 115 ITEM— VILJ.7a/b/c/d PLANNING ITEM#70944 (Continued) 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Condition Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 6. No events with more than the permitted number ofpeople who may stay overnight(number of bedrooms times two (2)) shall be held at the Short Term Rental and the property on which it is located. This Short Term Rental may not request or obtain a special event permit under City Code Section 4-1 (8a). 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes. Physical response to the site of the Short Term Rental is not required. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Department of Planning and Community Development for review and approval. This shall be done within six (6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning registration form; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1- Million dollars 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. October 20, 2020 116 ITEM— VII.J.7a/b/c/d PLANNING ITEM#70944 (Continued) 12. Accessory structures shall not be used or occupied as Short Term Rental. 13. No signage shall be on-site, except one(1),four(4)square foot sign, may be posted on the building which identifies the Short Term Rental. 14. The Short Term Rental shall have no more than one (1) rental contract during any consecutive seven (7) day period. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million dollars underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers')shall be two (2) individuals per bedroom. 18. To the extent permissible under state law, interconnected smoke detectors (which may be wireless), a fire extinguisher and, where natural gas or propane is present, carbon monoxide detectors shall be installed in each Short Term Rental. This Ordinance shall be effective in accordance with Section 107(9 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 201h day of October Two Thousand Twenty. Voting: 8-2 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley John D. Moss Council Members Absent: Michael F. Berlucchi October 20, 2020 R-5 '--' r Norfolk Avenue Norfolk Avenue or/// , st , * c0 ,. , \ it ',ilk A=12 op N A-1\2 �.f \ c„ \R5S \ la Ili , __ \ r . \ \ \ R-5S N r A Site Ocean Rental Properties, LLC wALA►: • Property_Polygons 516 Norfolk Avenue �J S NE Zoning L Parking Lot Drive Aisle - IN. Niiiii Feet I I _ .. .. 0 10 20 40 60 80 100 120 117 ITEM— VILJ.8 PLANNING ITEM#70945 The following registered to speak: Charlie Kim,Applicant, Phone: 703-585-2155, spoke in SUPPORT Jay Boone, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Jim Skarbek, 783 D Avenue, Phone: 650-4990, spoke in OPPOSITION Conrad Agresti, 501 Bushnell Drive, Phone: 425-2068, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Vice Mayor Wood, City Council DENIED Application of CHARLIE KIM for a Conditional Use Permit re short term rental at 809 Vanderbilt Avenue DISTRICT 6—BEACH(Deferred from September 15, 2020) Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, Mayor Robert M. Dyer, John D. Moss, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi October 20, 2020 118 ITEM— VI.M APPOINTMENTS ITEM#70946 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS.• 2040 VISION TO ACTION COMMUNITY COALITION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HOUSING ADVISORY BOARD INVESTIGATIVE REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION October 20, 2020 119 ITEM— VLM APPOINTMENTS ITEM#70947 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED.• CAPTAIN MICHAEL L. WITHERSPOON (Commanding Officer, Joint Expeditionary Base Little Creek/Fort Story) Three year term 10/20/2020—9/30/2023 BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, 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: Michael F. Berlucchi October 20, 2020 120 ITEM— VLM APPOINTMENTS ITEM#70948 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: THOMAS SHERWIN (Electrical Contractor) Five year term 10/20/2020—9/30/2025 BOARD OF BUILDING CODE APPEALS Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, 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: Michael F. Berlucchi October 20, 2020 121 ITEM— VLM APPOINTMENTS ITEM#70949 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: PAUL NEUDIGATE (Police Chief) Three year term 10/20/2020—9/30/2023 CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, 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: Michael F. Berlucchi October 20, 2020 122 ITEM— VLM APPOINTMENTS ITEM#70950 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: SANDRA SHINABARGER Unexpired term thru 3/31/2021 Plus three year term 4/1/2020—3/31/2023 CLEAN COMMUNITY COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 123 ITEM— VLM APPOINTMENTS ITEM#70951 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DEIDRIA BOLDEN (Human Services Designee) Unexpired Term thru 1/31/2022 COMMUNITY POLICY AND MANAGEMENT TEAM Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 124 ITEM— VLM APPOINTMENTS ITEM#70952 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: KAYASHBY DIANE JONES Three year term 10/20/2020—9/30/2023 COMMUNITY SERVICES BOARD Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, 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: Michael F. Berlucchi October 20, 2020 125 ITEM— VLM APPOINTMENTS ITEM#70953 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: CLAUDIA COTTON (Tidewater Builders Association) ROY FLANAGAN CHRIS FREEMAN LAURA HABR ALBERT HENLEY EMILYSTEINHILBER One year term 11/1/2020—10/31/2021 GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 126 ITEM— VLM APPOINTMENTS ITEM#70954 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JUSTINE REYES-FORD Three year term 10/20/2020—9/30/2023 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, 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: Michael F. Berlucchi October 20, 2020 127 ITEM— VLM APPOINTMENTS ITEM#70955 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DON WEEKS (Single/Multi Family Home Builder) Four year term 10/20/2020—9/30/2024 HOUSING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 128 ITEM— VLM APPOINTMENTS ITEM#70956 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: MORGAN ELLIS HANNAH MANCOLL (Student Representatives) One year term 10/20/2020—9/30/2021 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 129 ITEM— VLM APPOINTMENTS ITEM#70957 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JAKETA R. CLARK-THOMPSON Unexpired Term thru 5/31/2022 And REAPPOINTED: DAMEN WATSON Two tear term 11/1/2020—10/31/2022 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 130 ITEM— VLM APPOINTMENTS ITEM#70958 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: LISA MURPHY (Chair, Development Authority) No Term OCEANA LAND USE CONFORMITY COMMITTEE Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 131 ITEM— VLM APPOINTMENTS ITEM#70959 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: JACKSON TOWER (Student Representative) Two year term 10/20/2020—9/30/2022 PARKS AND RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 132 ITEM— VLM APPOINTMENTS ITEM#70960 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CORINNE MEDINA (Student Representative) Two year term 10/20/2020—9/30/2022 PUBLIC LIBRARIES BOARD Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, 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: Michael F. Berlucchi October 20, 2020 133 ITEM— VI.M APPOINTMENTS ITEM#70961 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: C. E.DOUGLAS,JR. (Virginia Beach Council Civic Organization) Three year term 10/20/2020—9/30/2023 RESORT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott, 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: Michael F. Berlucchi October 20, 2020 134 ITEM— VLM APPOINTMENTS ITEM#70962 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: SUNTEMPLE HELGREN (Alternate Member) Five year term 10/20/2020—9/30/2025 WETLANDS BOARD Voting: 10-0 Council Members Voting Aye: Jessica P.Abbott,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: Michael F. Berlucchi October 20, 2020 135 ADJOURNMENT ITEM#70963 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 10:41 P.M. Ch ' Chief Deputy City Clerk Am!da B i nes,MMC Robert M. Dyer City Clerk Mayor October 20, 2020 136 OPEN DIALOGUE The following registered to speak: Empsy Munden, 2760 Ocean Shore Avenue, Phone: 869-5785, did not respond Todd Solomon, 2260 First Landing Lane, requested reconsideration of the Westminster Canterbury project Mark Gonzalez, 5036 Cliffony Drive, Phone: 589-1875, requested the City's commercial vehicle parking Ordinance be amended James Taylor, 404 Piney Ridge Court, Phone: 641-3461, spoke concerning flooding in Windsor Woods Aubrey Jones, requested a Citizen Review Panel be established Raheem Savion, did not respond Carl Wright, 1144 Mondrian Loop, requested a Citizen Review Panel be established Andrew Jackson, 153 Upperville Road, Phone: 490-0901, spoke concerning an email sent to a service members command to report him for attending a City Council Meeting in uniform. ADJOURNED AT 11:17 P.M. October 20, 2020