Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1-7-2025 FORMAL SESSION AGENDA
U ry o � City of Virginia Beach "COMMUNITY FOR A LIFETIME �p oUR NAT\ON City Council Members Mayor Robert M. 'Bobby" Dyer bdyer@VBgov.com 1 757-385-4581 Vice Mayor Rosemary Wilson, District 5 Cal "Cash"Jackson-Green, District 7 rcwilson@VBgov.com 1 757-422-0733 ciacksongreen@VBgov.com 1 757-385-4303 Michael F. Berlucchi, District 3 Robert W. "Worth" Remick, District 6 mberlucc@VBgov.com 1 757-407-5105 wremick@VBgov.com 1 757-840-5855 Stacy Cummings, District 8 Dr. Amelia N. Ross-Hammond, District 4 stcummings@VBgov.com 1 757-385-4303 arosshammond@VBgov.com 1 757-840-0735 Barbara M. Henley, District 2 Jennifer Rouse, District 10 bhenlev@VBgov.com 1 757-426-7501 ivrouse@VBgov.com 1757-840-1821 David Hutcheson, District 1 Joashua F. "Joash" Schulman, District 9 dhutcheson@VBgov.com 1 757-651-7641 ischulman@VBgov.com 1 757-840-1291 Email all City Council members at CityCouncil@VBgov.com City Council Appointees Patrick A. Duhaney City Manager Amanda Barnes City Clerk Mark D. Stiles City Attorney Sue Cunningham City Real Estate Assessor Lyndon S. Remias City Auditor City Hall, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Phone: 757-385-4303 1 Fax: 757-385-5669 City Council Agenda January 7, 2025 Mayor Robert M. "Bobby" Dyer Presiding I. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer -CITY COUNCIL CONFERENCE ROOM- II. CITY COUNCIL LIAISON REPORTS 3:30 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:00 P.M. V. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:15 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS — December 10, 2024 H. PUBLIC COMMENT 1. EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) I. FORMAL SESSION AGENDA 1. CONSENT AGENDA 3 J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE approximately 3.18 acres of City property at the intersection of Princess Anne Road and Community Collage Place in EXCESS of the City's needs and AUTHORIZE the City Manager to execute an Option Agreement with Virginia Beach Community Development Corporation 2. Ordinance to DECLARE City-owned property at 2656 Lishelle Place in EXCESS of the City's needs and AUTHORIZE the City Manager to TRANSFER the property to the Virginia Beach Development Authority 3. Resolution to PROVIDE continuance dates re cancelled regular meetings (Requested by Mayor Dyer) 4. Resolution to DIRECT the City Manager to PROVIDE Something in the Water, LLC (SITW) with Notice of Breach of Sponsorship Agreement and Opportunity to Cure (Requested by Mayor Dyer) 5. Ordinance to TRANSFER $25,000 from the General Fund Reserve for Contingencies to the Non- Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads, Inc. re 415Y Annual Martin Luther King, Jr. Awards (Requested by Mayor Dyer) 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries (Deferred from December 10, 2024) 7. Ordinance to ACCEPT and APPROPRIATE funds totaling $636,105 from the Virginia Opioid Abatement Authority to the FY 2024-25 Human Services Operating Budget ($278,500) re purchase a community engagement Prevention Van, contract a provider to conduct substance use disorder services within the Juvenile Detention Center and Police Department Operating Budget ($140,000) re implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS), purchase the Youth Services Unit a community engagement vehicle, trailer, and mascot and Health Department Operating Budget ($132,605) re provide funding to the Public Health Foundation for two contractual Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach in the City and Virginia Beach City Public Schools Operating Budget (VBCPS) ($70,000) re purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense and Park and Recreation Operating Budget ($15,000) re purchase the "This is Not About Drugs" curriculum to be taught within the recreation centers to youth 8. Ordinance to ACCEPT and APPROPRIATE Grant Funds totaling $51,604 from the Edward Byrne Justice Assistance Grant (JAG) to the FY 2024-25 Police Department Operating Budget ($19,000) re purchase two (2) canines for Community Policing Activities, ($2,281) re bicycle and steering wheel locks and Police Department, Mounted Patrol Unit, Operating Budget ($17,433) re training and health & safety equipment and Police Department, Special Events, Unit Operating Budget ($1,110) re televisions and stands for command and General/Juvenile Domestic Relations Courts Operating Budget ($6,315) re Virginia Criminal Information Network workstations, monitors, badge readers and Community Corrections Operating Budget ($5,465) re Wads, keyboards, and warranties (Requested by the Community Criminal Justice Board) 9. Ordinance to ACCEPT and APPROPRIATE $33,267 from the Library of Virginia, State Aid Grant to the FY 2024-25 Library Department Operating Budget re purchase books and other materials for the print and digital collections 10. Ordinance to ACCEPT and APPROPRIATE $10,000 from the Public Library Association to the FY 2024-25 Public Library Operating Budget re purchase teaching equipment and incentives 11. Ordinance to ACCEPT and APPROPRIATE $1,061 from the Virginia Beach Library Foundation to the FY 2024-25 Public Library Operating Budget re purchase technology resources 12. Ordinance to TRANSFER funds within the Capital Improvement Program for the Pleasure House Point Mitigation Bank re provide limitations upon the use of the mitigation credits created by the Pleasure House Point Mitigation Project and to provide for efforts to reduce tree loss K. APPOINTMENTS • 5/31 MEMORIAL COMMITTEE • ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE • COMMUNITY POLICY AND MANAGEMENT TEAM • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OLD BEACH DESIGN REVIEW COMMITTEE • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 7, 2025. I. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer -CITY COUNCIL CONFERENCE ROOM- CITY COUNCIL LIAISON REPORTS 3:30 P.M. III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 P.M. IV. CITY COUNCIL AGENDA REVIEW 4:00 P.M. V. INFORMAL SESSION - CITY COUNCIL CONFERENCE ROOM- A. CALL TO ORDER 4:15 P.M. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -CITY COUNCIL CHAMBER- A. CALL TO ORDER -Mayor Robert M. "Bobby" Dyer 6:00 P.M. B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS— December 10, 2024 H. PUBLIC COMMENT 1. EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE approximately 3.18 acres of City property at the intersection of Princess Anne Road and Community Collage Place in EXCESS of the City's needs and AUTHORIZE the City Manager to execute an Option Agreement with Virginia Beach Community Development Corporation 2. Ordinance to DECLARE City-owned property at 2656 Lishelle Place in EXCESS of the City's needs and AUTHORIZE the City Manager to TRANSFER the property to the Virginia Beach Development Authority 3. Resolution to PROVIDE continuance dates re cancelled regular meetings (Requested by Mayor Dyer) 4. Resolution to DIRECT the City Manager to PROVIDE Something in the Water, LLC (SITW) with Notice of Breach of Sponsorship Agreement and Opportunity to Cure (Requested by Mayor Dyer) 5. Ordinance to TRANSFER $25,000 from the General Fund Reserve for Contingencies to the Non- Departmental Operating Budget and AUTHORIZE the City Manager to EXECUTE a sponsorship agreement with the Urban League of Hampton Roads, Inc. re 41s'Annual Martin Luther King, Jr. Awards (Requested by Mayor Dyer) 6. Ordinance to DESIGNATE as EXEMPT from Local Property Taxes re Pride Industries (Deferred from December 10, 2024) 7. Ordinance to ACCEPT and APPROPRIATE funds totaling $636,105 from the Virginia Opioid Abatement Authority to the FY 2024-25 Human Services Operating Budget ($278,500) re purchase a community engagement Prevention Van, contract a provider to conduct substance use disorder services within the Juvenile Detention Center and Police Department Operating Budget ($140,000) re implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS), purchase the Youth Services Unit a community engagement vehicle, trailer, and mascot and Health Department Operating Budget ($132,605) re provide funding to the Public Health Foundation for two contractual Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach in the City and Virginia Beach City Public Schools Operating Budget (VBCPS) ($70,000) re purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense and Park and Recreation Operating Budget ($15,000) re purchase the "This is Not About Drugs" curriculum to be taught within the recreation centers to youth 8. Ordinance to ACCEPT and APPROPRIATE Grant Funds totaling $51,604 from the Edward Byrne Justice Assistance Grant (JAG) to the FY 2024-25 Police Department Operating Budget ($19,000) re purchase two (2) canines for Community Policing Activities, ($2,281) re bicycle and steering wheel locks and Police Department, Mounted Patrol Unit, Operating Budget ($17,433) re training and health & safety equipment and Police Department, Special Events, Unit Operating Budget ($1,110) re televisions and stands for command and General/Juvenile Domestic Relations Courts Operating Budget ($6,315) re Virginia Criminal Information Network workstations, monitors, badge readers and Community Corrections Operating Budget ($5,465) re Wads, keyboards, and warranties (Requested by the Community Criminal Justice Board) 9. Ordinance to ACCEPT and APPROPRIATE $33,267 from the Library of Virginia, State Aid Grant to the FY 2024-25 Library Department Operating Budget re purchase books and other materials for the print and digital collections 10. Ordinance to ACCEPT and APPROPRIATE $10,000 from the Public Library Association to the FY 2024-25 Public Library Operating Budget re purchase teaching equipment and incentives 11. Ordinance to ACCEPT and APPROPRIATE $1,061 from the Virginia Beach Library Foundation to the FY 2024-25 Public Library Operating Budget re purchase technology resources 12. Ordinance to TRANSFER funds within the Capital Improvement Program for the Pleasure House Point Mitigation Bank re provide limitations upon the use of the mitigation credits created by the Pleasure House Point Mitigation Project and to provide for efforts to reduce tree loss c O,•�`1�.r4y� (f+t � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 3.18 Acres of City Property Located at the Intersection of Princess Anne Road and Community College Place to be in Excess of the City's Needs and 2) Authorizing the City Manager to Execute an Option Agreement with Virginia Beach Community Development Corporation PUBLIC HEARING: December 10, 2024 MEETING DATE: January 7, 2025 ■ Background: The City of Virginia Beach (the "City") owns a parcel of land located at the intersection of Princess Anne Road and Community College Place, consisting of approximately 3.18 acres (GPIN: 1485-34-6667) (the "Property"). Virginia Beach Community Development Corporation ("VBCDC") has approached the City with a proposed plan for the development of the Property into a multi-family residential community. VBCDC's development plans include 40-60 units to be reserved for households with income levels at or below 80% of the area median family income as published by HUD (the "Affordable Units"). The plans also include reserving up to 15% of the Affordable Units for persons with mental health diagnoses, along with office space for the local headquarters of the National Alliance on Mental Illness (NAMI) (the "Project"). City staff has negotiated the terms and conditions of an option agreement with VBCDC for the conveyance of the Property, as set forth in the summary of terms attached to the Ordinance as Exhibit A. Once an option agreement is executed, VBCDC could begin the rezoning process and the Low-Income Housing Tax Credit application process with Virginia Housing. ■ Considerations: The construction of additional affordable housing units in Virginia Beach remains a goal of City Council. By granting the option, VBCDC would be able to pursue financing and move the Project forward. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on December 1, 2024, and will be held on December 10, 2024. Public information will also be provided through the normal City Council agenda process. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Planning & Community Development City Manage��`�� I AN ORDINANCE 1) DECLARING APPROXIMATELY 3.18 2 ACRES OF CITY PROPERTY LOCATED AT THE 3 INTERSECTION OF PRINCESS ANNE ROAD AND 4 COMMUNITY COLLEGE PLACE TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 6 MANAGER TO EXECUTE AN OPTION AGREEMENT 7 WITH VIRGINIA BEACH COMMUNITY DEVELOPMENT 8 CORPORATION 9 10 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land located 11 at the intersection of Princess Anne Road and Community College Place, consisting of 12 approximately 3.18 acres (GPIN: 1485-34-6667) (the "Property"); 13 14 WHEREAS, Virginia Beach Community Development Corporation ("VBCDC") 15 has approached the City with a proposed plan for the development of the Property into 16 a multi-family residential community; 17 18 WHEREAS, VBCDC development plans include 40-60 units to be reserved for 19 households with income levels at or below 80% of the area median family income as 20 published by HUD (the "Affordable Units") and also include reserving up to 15% of the 21 Affordable Units for persons with mental health diagnoses, along with office space for 22 the local headquarters of the National Alliance for Mental Illness (NAMI) (the "Project"); 23 24 WHEREAS, by City staff has negotiated the terms and conditions of an option 25 agreement with VBCDC for the conveyance of the Property, as set forth in the summary 26 of terms attached hereto as Exhibit A; 27 28 WHEREAS, construction of additional affordable housing units in Virginia Beach 29 remains a goal of City Council; and 30 31 WHEREAS, by the City granting the option, VBCDC would be able to pursue 32 financing and move the Project forward. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA, 36 37 1. That the Property, consisting of approximately 3.18 acres, as more 38 particularly described on Exhibit A attached hereto and made a part hereof, is hereby 39 declared to be in excess of the needs of the City of Virginia Beach. 40 41 2. That the City Manager, or his designee, is hereby authorized to execute 42 an option agreement with VBCDC, and all other documents necessary to complete the 43 conveyance of the Property to the VBCDC, so long as the documents are in substantial 44 conformity with the Summary of Terms, attached hereto as Exhibit A, and made a part 45 hereof, and such terms, conditions and modifications as may be acceptable to the City 46 Manager and in a form deemed satisfactory by the City Attorney. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Plann ng & Community Development CA16593 %kvbgov.combf l%9PPllcaUonslcltylaw\Cycom3ZwOomWD26W48VW8787AM R-1 11/27/2024 2 EXHIBIT A SUMMARY OF TERMS OPTIONOR: City of Virginia Beach OPTIONEE: Virginia Beach Community Development Corporation ("VBCDC") PROPERTY: Approximately 3.18 acres of unimproved property at the northwest intersection of Princess Anne Road and Community College Place (GPIN: 1485-34-6667), and designated as "AREA 1: 138,933 SQ. FT. OR 3.18946 AC.", as shown on that certain plat recorded as Instrument No. 200408170129811 in the Clerk's Office of the Virginia Beach Circuit Court. PROPOSED PROJECT: VBCDC to construct 40-60 multi-family units for households with income levels at or below 80% of the area median income, with up to 15% of the units reserved for persons with mental health diagnoses. The project will also contain office space for the National Alliance on Mental Illness (NAMI). OPTION TERM: Three (3) years. CONDITIONS TO EXERCISE OF OPTION: a) VBCDC has obtained site plan approval for the Proposed Project; b) VBCDC has agreed to develop and operate the Property in a manner generally consistent with the Proposed Project; and b. VBCDC has agreed to a use restriction for at least thirty (30) years limiting the use of the Property to those contemplated by the Proposed Project. OPTION CONSIDERATION: To promote the construction of affordable units in the City of Virginia Beach, the City will grant the option and agree to the transfer of the Property to VBCDC at no cost if the conditions to exercise the option are met. LOCATION MAP �1 3848.101 3856.107 3821 10G 1oi (AS A`%"w 3848 108 3853 3817-104 3821-108 3817 110 t�p,El LA BOUVE aR 3836 102 3832.107 v 3821-105 1A P 3836-110 3932.106 P 3825106 3845-101 3825-102 3825.110 Approx. 3.18 Acres 3b.s.io4 i-ASA11-F OR 3825-1os GPIN: 1485-34-6667 3829-101 3845.109 3829-106 AR 3837-10" 3833-103 Iry 3841.102 3829.109 q CFS q 3837-104 3833-107 3833-110 R11, S 3841-106 4: CFS �4, 3841.110 W O 9�~F O RQ m �`EOE PL LO t*�J�1�1 y EE,E V ul ` _ u �+ 3813-128 1700 GO J� w 3813-124 L O 3809.109 °Q 1741 I �( 3792 F 113 qRf� SS4+ 3809.110 CFSS,7�� AFRO 3700 r' FRO P� Q� 3809-108C 3809-108 r 3701 q Rjwl 3609-105 P�, 3705.102 qR ~CFS, a 1700•E 3809-103 4,��� r7'C S'9ti W 3105 101 FSS �F W 4 R 1812 38N 3717 N1'�c O C 3709 RO u TIFFANY LN 3725 3813 3809 3801 .�_ .-__ .-_. 175'jmmw4o'S 1741 ,___ VIRGINIA vs BEACH Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. DISCLOSURESECTION 1: APPLICANT APPLICANT INFORMATION Applicant Name: as listed on application Virginia Beach Community Development Corporation (VBCDC) Is Applicant also the Owner of the subject property? Yesi No(F) If no, Property Owner must complete SECTION 2:PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative?Yes No(:) if yes, name Representative: Steve Davis Is Applicant a corporation,partnership,firm,business,trust or unincorporated business? YeseNoo if yes,list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary:or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes r No if yes, name proposed or pending purchaser: VBCDC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yeso No If yes, name the official or employee, and describe the nature of their interest, APPLICANT SERVICES DISCLOSURE READ:The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property, The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER i r _ (Name entity and/ar individual) Financing(mortgage,deeds of trust, , © TowaSank,Virg(ntsHoustng,uSC,V1Vn1a0W un�tyCE0W,BankolAmaiaa,TruW, cross-collateralization,etc.) ! Vanguard,Web Fargo Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1 : APPLICANT DISCLOSURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Accounting/Tax Return Preparation O Wall,Elnhorn,and Chemitzer P.C. Architect/Designer/Landscape Architect/Land Planner +•'�r':. Arnold Design Studios, Coffin Arnold ` .9cocumavnrrtarac+axcna"aepormeow+cepp+rar;anaeamrrrva+➢am�w�amawa� Construction Contractor Engineer/Surveyor/Agent '! O E Timmons Group Legal Services Nllbcpm du L..a.I"UCI 3'e D". APPLICANT CERTIFICATION READ:I certify that all information contained in this Form is complete, true,and accurate. I understand that upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. OV111t,t6t romrAun i'�Idga2wW _ Y v e;'4& Apph a Si natur�ANNlicant N (Print) ldlGllCllO" c11f� " yDat e„Parent-subsidiary relationship means ,a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of interests Act, VA. Code§2.2-3101. z"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the some person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? Yes+ No(F) If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary I or affiliated business entity I relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yesl Noo if yes, name proposed or pending purchaser: VBCDC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No(') If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES ; NO SERVICE PROVIDER ! (Name entity and/or individual) Financing(mortgage, deeds of trust, O a cross-col late ralization,etc.) _ Real Estate Broker/Agent/Realtor 0 � O Accounting/Tax Return Preparation o ` v Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor O 0 Engineer/Surveyor/Agent Q Q Legal Services O PROPERTY OWNER CERTIFICATION READ:1 certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M ay-2024 page 3 of 3 VBCDC &Affiliate Entities 12_.4,24 &Qrctof Dlractors David J.Crain Jr.,President Audrey Douglas-Cooke,Vice President Gary Sharpe,SecretaryfTreasurer Kay Ashby-Director Marshall Brice-Director Christopher L.Brown-Director Robert Ewell-Director Matthew Hamaker- Director Jeremy C.Johnson- Director Frank McKinney-Director Staff Executives/Officers Jessica Guglietmo, President&CEO Affiliates/Subsidiaries CORNERSTONE PROPERTYVENTURES. LLQ. President:Jessica Guglietmo CEDARGROVE� .Q. 1 LP. VfTS'HQUSINQ,,,INC. President:Jessica Guglietmo CYPRESS LA D f G. LLC. APEAKE VETS'HO-U-% G—_ President:Jessica Gugtielmo ISUL TRANQUILITY LAKES Ii LLC -UkjB_ANQUILITY LAKI"S 11_MANAGER LLC. President:Jessica Guglietmo rS4�Ntn�y1 i F tj�—y•t�:i fui= rs CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring the City-owned Property at 2656 Lishelle Place in Excess of the City's Needs and 2) Authorizing the City Manager to Transfer the Property to the City of Virginia Beach Development Authority PUBLIC HEARING: December 10, 2024 MEETING DATE: January 7, 2025 ■ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach (the "City") acquired property located at 2656 Lishelle Place (GPIN: 1496-54-4149) (the "Property") to eliminate a 150-person call center. The Property is currently zoned 11. Since 2008, the City's Department of Economic Development has marketed the Property in an attempt to secure a party to operate at the Property with a compatible use under the City Zoning Ordinance. City staff has been working with representatives of the Commonwealth of Virginia (the "Commonwealth") and have identified a potential buyer for the Property. The potential buyer intends to utilize the Property for uses permitted by right under its current zoning. The identity of the potential buyer must remain confidential until the Governor has announced the business expansion and associated incentives from the Commonwealth. The City of Virginia Beach Development Authority ("VBDA") is the development arm of the City and staff recommends that title to the Property be transferred to the VBDA to better facilitate the marketing and negotiation aspects of the potential sale and redevelopment of the Property. Once the terms and conditions of the sale have been agreed upon, the VBDA would vote at a regular or special meeting immediately following the Governor's announcement. The identity of the potential buyer and the terms of the sale would be made public prior to the VBDA's vote. ■ Considerations: The net proceeds of the sale received by the VBDA, after payment of expenses related to the sale including a broker's commission, would be remitted to the City as set forth below. If a sale does not occur within six (6) months of the transfer to the VBDA, the VBDA would be required to transfer the Property back to the City. 5 Revenue Restriction: The City acquired the Property with funds through a grant partnership with the Commonwealth. The net proceeds from the sale of the Property received by the VBDA shall be returned to the City, with fifty percent (50%) deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana Interfacility Traffic Area Conformity and Acquisition II Project, and fifty percent (50%) deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. ■ Public Information: As required by Section 15.2-1800, a public hearing will be advertised in The Virginian-Pilot on December 1, 2024, and will be held on December 10, 2024. Public information will also be provided through the normal City Council agenda process. • Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager:�� � 1 AN ORDINANCE 1) DECLARING THE CITY-OWNED 2 PROPERTY AT 2656 LISHELLE PLACE IN EXCESS 3 OF THE CITY'S NEEDS AND 2) AUTHORIZING THE 4 CITY MANAGER TO TRANSFER THE PROPERTY 5 TO THE CITY OF VIRGINIA BEACH DEVELOPMENT 6 AUTHORITY 7 8 WHEREAS, as part of the APZ-1 Use and Acquisition Plan adopted December 9 20, 2005, the City of Virginia Beach (the "City") acquired property located at 2656 10 Lishelle Place (GPIN: 1496-54-4149) (the "Property") to eliminate a 150-person call 11 center; 12 13 WHEREAS, since 2008, the City's Department of Economic Development has 14 marketed the Property in an attempt to secure a party to operate at the Property with a 15 compatible use under the City Zoning Ordinance; 16 17 WHEREAS, City staff has been working with representatives of the 18 Commonwealth of Virginia (the "Commonwealth") and have identified a potential buyer 19 for the Property; 20 21 WHEREAS, the potential buyer intends to utilize the Property for uses permitted 22 by right under its current zoning. 23 24 WHEREAS, the identity of the potential buyer must remain confidential until the 25 Governor has announced the business expansion and associated incentives from the 26 Commonwealth; 27 28 WHEREAS, the City of Virginia Beach Development Authority (the "VBDA") was 29 specifically created for the purpose of fostering and stimulating economic development 30 in the City; 31 32 WHEREAS, staff recommends that title to the Property be transferred to the 33 VBDA to better facilitate the marketing and negotiation aspects of the potential sale and 34 redevelopment of the Property; 35 36 WHEREAS, the net proceeds of the sale received by the VBDA would be 37 remitted to the City and appropriated as set forth below; 38 39 WHEREAS, if a sale does not occur within six months of the transfer to the 40 VBDA, the VBDA will be required to transfer the Property back to the City. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, 44 45 1. That the Property, more particularly described on Exhibit A attached 46 hereto and made a part hereof, is hereby declared to be in excess of the needs of the 47 City of Virginia Beach. 48 2. That City Council, subject to acceptance by the VBDA, authorizes the title 49 to the Property be transferred to the Authority. 50 51 3. That the City Manager, or his designee, is hereby authorized to execute 52 any and all documents to complete such transfer to the VBDA, so long as the 53 documents are in substantial conformity with the Summary of Terms, attached hereto as 54 Exhibit A, and made a part hereof, and such terms, conditions and modifications as may 55 be acceptable to the City Manager and in a form deemed satisfactory by the City 56 Attorney. 57 58 4. That the City Council requests and recommends that the Authority adopt a 59 Resolution accepting the transfer of the Property. 60 61 5. That all net proceeds from the anticipated future sale of the Property 62 received by the VBDA shall be returned to the City, with fifty percent (50%) deposited 63 for appropriation in future Capital Improvement Program capital budgets in Capital 64 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana Interfacility 65 Traffic Area Conformity & Acquisition II Project, and fifty percent (50%) deposited for 66 future payment by the City Manager to refund the Commonwealth's portion in 67 accordance with the grant agreement. 68 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 71 day of 2025. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY: City Attorney Eco iic Development CA 16592 `.wbgov,comOFS]�Applica6ons\CiryLawProdkycom32\Wpdocs\D02I IP01%00224595.DOC R-1 11/27/2024 2 EXHIBIT A SUMMARY OF TERMS TRANSFEROR: City of Virginia Beach TRANSFEREE: City of Virginia Beach Development Authority ("VBDA") PROPERTY: 16,500+/- square feet of space on a 1.5+/- acre lot located at 2656 Lishelle Place (GPIN: 1496-54-4149) PROPOSED USE: VBDA shall accept title to the Property for the purpose of finalizing the sale of the Property to a new compatible user to be identified by the Governor. SPECIAL TERMS: • The net proceeds from any sale shall be returned to the City as follows: o Fifty percent (50%) of the net proceeds will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 100282 (formerly CIP 9- 059), Oceana Interfacility Traffic Area Conformity and Acquisition II; and o Fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • If the VBDA has not sold the Property within six (6) months of the date the Property is transferred to the VBDA, the VBDA shall transfer title back to the City. r . LOCATION MAP P ' *} q777 770.999 r ` ven Crossing 4E. 59N7gr11tTwo 9Contract s�,'ti.` 8rv-r4 r szian �\ �\ 706-1p f \ no-III 7� /n 'INS ieve ,f 833 'Bingter' % f 26 2964 \ % 2/9+Iri S�Per u Yatn,n J t { S, \ 2166C11 \ rf As �, ��• ti,� ;� �� � 947-1st 213 85,1t � 2601 \� % ' 2192 '' ?fit _ 29�t 292 2656 Lishelle Place 2912 �, ,05 (GPIN: 1496-54-4149) 1909 851-107 CHERIE DR--- 2922 < ram: 2157 2953 290 290 N141 2937 2>i33 29ZR 29n I 29M i 2017 2913 ~ c .�' 748 f lV�1 i 2904-C7 f jy �117a x �� 1 gyp 2961J Z � 290, 21f06 290! 2M 2902953 2 1 Cry. - 2iiZ -_-- -- ----- City of Virginia Beach I Map data Q OpenStrt VB, Statement BEACH The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council, boards, commissions, or other bodies. SECTION 1: APPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application NAM Coastal Virginia Is Applicant also the Owner of the subject property? Yeso No if no, Property Owner must complete SECTION 2;PROPERTY OWNER DiSCLOSURE(page 3). Does Applicant have a Representative? Yes No© if yes, name Representative: y Ashby, Board Director Jen Williams, Affliate Director or a _ _ _ Is Applicant a corporation, partnership,firm,business,trust or unincorporated business? Yes0No0 If yes, list the names of all officers, directors,members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity a relationship with the applicant. (Attach list if necessary.) See attached list. Does the subject property have a proposed or pending purchaser? Yes • No If yes, name proposed or pending purchaser: VBCDC KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development contingent on the subject public action? Yes( No(D If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ.The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing(mortgage,deeds of trust„ ,ram O Southern Bank cross-collateralization,etc.) (D Real Estate Broker/Agent/Realtor Disclosure Statement I rev. May-2024 page 1 of 3 SECTION 1 : APPLICANT • -a SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Q F Accounting/Tax Return Preparation Finn,Gartman&Hart Architect/Designer/Landscape Architect/Land Planner r�J Construction Contractor Q ( rt Engineer/Surveyor/Agent I Legal Services 0 0 APPLICANT CERTIFICATION READ:I certify that oil information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Kay Ashby C., 2 Applicant Name(Print) App ' ant Sig nat re Date 1 "Parent-subsidiary relationship"means "a relationship that exists when one corporation directly or indirectly owns shores possessing more than 50 percent of the voting power of another corporation."See State and Local Government Conflict of Interests Act, VA. Code§2.2-3101. 2"Affiliated business entity relationship"means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va. Code§2.2-3101. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M ay-2024 pagej2 of 3 SECTIONPROPERTY" OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application City of Virginia Beach Is the Owner a corporation,partnership,firm,business,trust,or unincorporated business? YesNoi If yes,list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity Zrelationship with the applicant. (Attach list if-necessary.) Does the subject property have a proposed or pending purchaser? Yes No0 if yes, name proposed or pending purchaser: VBCDC KNOWN INTEREST BY PUBLIC OFFICIAL.OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? Yes Q No l yes, name the o ricial or employee, and describe the nature o their interest. PROPERTY OWNER SERVICES DISCLOSURE READ:The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) _ SERVICE YES NO SERVICE PROVIDER Name entity and/or individual) Financing(mortgage,deeds of trust, O O cross-collateralization,etc.) Real Estate Broker/Agent/Realtor O O Accounting/Tax Return Preparation O O Architect/Designer/Landscape O O Architect/Land Planner Construction C.--- . ._._.._ ..._. Engineer/Surveyor/Agent O O Legal Services O PROPERTY OWNER CERTIFICATION READ:I certify that all information contained in this Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or committee in connection with this application. Property Owner Name(Print) Property Owner Signature Date Disclosure Statement I rev. M ay-2024 page 3 of 3 NAMI CoastaLt VitgWa—arm$-Staff- fficer Listing 12.4.24 Susannah Uroskie,President Max Willey,Vice President Marley Nacey,Treasurer Kirstyn Andino,Secretary Kay Ashby,Director John Ickes,Director Brandon Mullen, Director Melissa Tamburo,Director Tim Whited,Director Staff Officers Jen Williams,Affiliate Director, NAMI Coastal Virginia Afftiales' �1x11A i2tt hlRt��19ML0�a L�ltgil NAMI National NAMI Virginia ro H BCA,6c� Z fu si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Providing Continuance Dates for Cancelled Regular Meetings MEETING DATE: January 7, 2025 ■ Background: The first meeting of the new City Council will be held on January 7, 2025. The City Code provides the organizational meeting to include the swearing in the mayor and the newly elected council and the election of the vice mayor. In addition to these two tasks, the City Council may fix the continuance days for cancelled regular meetings. The advantage to fixing continuance days is the City does not have to readvertise public hearings that would have otherwise occurred on the cancelled regular meeting date. ■ Considerations: Since the Virginian-Pilot discontinued the Beacon, the costs of advertising public hearings have increased substantially. The attached resolution would avoid some advertising costs, and it would provide advance notice to the public of contingency plans should a meeting require cancellation. This resolution does not limit the City's use of additional public outreach, nor does it limit the ability of the Mayor or three members of the City Council to call a special meeting. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Requested by the Mayor REQUESTED BY THE MAYOR 1 A RESOLUTION PROVIDING CONTINUANCE DATES FOR 2 CANCELLED REGULAR MEETINGS 3 4 WHEREAS, state law authorizes a governing body to fix the day or days to which 5 a regular meeting shall be continued if the mayor or vice-mayor, if the mayor is unable to 6 act, finds and declares that weather or other conditions are such that it is hazardous for 7 members to attend the regular meeting,- 8 9 WHEREAS, state law further provides "all hearings and other matters previously 10 advertised shall be conducted at the continued meeting and no further advertisement is 11 required;" 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. The continuance dates for 2025 regular meetings shall be: 17 18 a. For any cancelled January regular meeting: February 4, 2025. 19 b. For any cancelled February regular meeting: March 4, 2025. 20 c. For any cancelled March regular meeting: April 1, 2025. 21 d. For any cancelled April regular meeting: May 6, 2025. 22 e. For any cancelled May regular meeting: June 3, 2025. 23 f. For any cancelled June regular meeting: July 1 , 2025. 24 g. For any cancelled July regular meeting: August 12, 2025. 25 h. For any cancelled August regular meeting: September 2, 2025. 26 i. For any cancelled September regular meeting: October 7, 2025. 27 j. For any cancelled October regular meeting: November 18, 2025. 28 k. For any cancelled November regular meeting: December 2, 2025. 29 I. For any cancelled December regular meeting: January 6, 2026. 30 31 2. The time and location for any continued meeting shall be the time and location 32 provided by City Code § 2-20. 33 34 3. The findings underlying such cancellation shall be communicated to the members 35 and the press as promptly as possible under the relevant circumstances. 36 37 4. Nothing herein shall limit the ability of the Mayor or three members of the City 38 Council to call a special meeting pursuant to City Code § 2-21. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: �,-_ dy-Aft&ney's Office CA16780 R-1 December 26, 2024 rfi z� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Provide Something in the Water, LLC With Notice of Breach of Sponsorship Agreement and An Opportunity to Cure MEETING DATE: January 7, 2025 ■ Background: On November 15, 2024, the City and Something in the Water, LLC ("SITW') executed a Sponsorship Agreement ("Sponsorship Agreement"). Pursuant to the Sponsorship Agreement, the City will provide a financial sponsorship to SITW for the 2025 Something in the Water Festival to be held on April 26 and 27, 2025 at the Oceanfront ("Event"). Paragraph 3 (b) of the Sponsorship Agreement requires SITW to provide the City with the names of the publicly announced artists performing at the Event by December 31, 2024. Paragraph 3 (c) of the Sponsorship Agreement requires SITW to commence ticket sales for the Event no later than December 31, 2024. To date, SITW has not provided the City with the names of the artists performing at the Event or commenced ticket sales for the Event. ■ Considerations: SITW is in material breach of the Sponsorship Agreement for failure to provide the lineup to the City and commence ticket sales by December 31, 2024. Paragraph 11 of the Sponsorship Agreement requires the City to provide SITW written notice in the event of a breach and an opportunity to cure. In accordance with paragraph 11 , the City Manager should issue a written notice of default to SITW by email giving five (5) days from the date such notice is emailed to cure the breach. Upon the failure of SITW to cure the breach within five (5) days, the City Manager shall immediately terminate the Sponsorship Agreement and seek the return of any funds advanced to SITW. If the Sponsorship Agreement is terminated, the City Manager shall explore alternative programming for April 26 and 27, 2025. ■ Public Information: Normal Council agenda process. ■ Attachments: Resolution and Sponsorship Agreement Requested by the Mayor REQUESTED BY THE MAYOR 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO PROVIDE SOMETHING IN THE WATER, LLC 3 WITH NOTICE OF BREACH OF SPONSORSHIP 4 AGREEMENT AND AN OPPORTUNITY TO CURE 5 6 WHEREAS, on November 15, 2024, the City and Something in the Water, LLC 7 ("SITW') executed a Sponsorship Agreement ("Sponsorship Agreement"); 8 9 WHEREAS, pursuant to the Sponsorship Agreement, the City will provide a 10 financial sponsorship to SITW for the 2025 Something in the Water Festival to be held 11 on April 26 and 27, 2025 at the Oceanfront ("Event"); 12 13 WHEREAS, paragraph 3 (b) of the Sponsorship Agreement requires SITW to 14 provide the City with the names of the publicly announced artists performing at the 15 Event by December 31, 2024; 16 17 WHEREAS, paragraph 3 (c) of the Sponsorship Agreement requires SITW to 18 commence ticket sales for the Event no later than December 31, 2024; 19 20 WHEREAS, to date, SITW has not provided the City with the names of the artists 21 performing at the Event or commenced ticket sales for the Event; 22 23 WHEREAS, SITW is in material breach of the Sponsorship Agreement for failure 24 to provide the lineup to the City and commence ticket sales by December 31, 2024; and 25 26 WHEREAS, paragraph 11 of the Sponsorship Agreement requires the City to 27 provide SITW written notice in the event of a breach and an opportunity to cure. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Council hereby finds SITW is in material breach of the Sponsorship 33 Agreement and directs the City Manager to issue a written notice of default to SITW by 34 email. 35 36 BE IT FURTHER RESOLVED, THAT: 37 38 SITW shall have five (5) days from the date such notice is emailed to cure the 39 breach. 40 41 BE IT FURTHER RESOLVED, THAT: 42 43 Upon the failure of SITW to cure the breach within five (5) days, the City Manager 44 shall immediately terminate the Sponsorship Agreement and seek the return of any 45 funds advanced to SITW. 46 47 BE IT FURTHER RESOLVED, THAT: 48 49 In the event the Sponsorship Agreement is terminated, the City Council hereby 50 directs the City Manager to explore alternative programming for April 26 and 27, 2025. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 2025. APPROVED AS TO LEGAL SUFFICIENCY: 4,4xt A, City Attorney's Office CA16786 R-1 January 2, 2025 SPONSORSHIP AGREEMENT This Sponsorship Agreement ("Agreement") made and entered into this 15 day of November 2024, by and between the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia("City"),and the Something in the Water,LLC("Promoter"),a Delaware limited liability company with a principal office address of 10460 Wilshire Blvd, Fl 5,Los Angeles, California. Collectively,the City and Promoter may be referred to as "Parties." Whereas, the Promoter has requested the City make a financial and in-kind support sponsorship for the 2024 Something in the Water Festival (the "Festival"or"Event"); Whereas, the Festival will occur on April 26&27, 2025 at the Oceanfront from 2nd street to pier, and other mutually identified locations to enhance the festival experience; Whereas, City Council approved the sponsorship in the FY 24-25 budget; Whereas,the Parties are committed to a Festival that promotes the resources of the City and offers recreation for residents and visitors; and Now, therefore, for good a valuable consideration, the sufficiency of which is hereby acknowledged, the City and the Promoter hereby agree as follows: Section 1-Financial Sponsorship City agrees to provide a financial sponsorship (the "Financial Sponsorship") equal to the admissions taxes,meals taxes,and local portion of the sales taxes for activities within the footprint of the Festival. The definition of"footprint"is inclusive of 2nd Street to the Virginia Beach Fishing Pier, 1415 Atlantic Avenue, Virginia Beach, Virginia, 23454-4373, at the Virginia Beach Oceanfront within the area subject to the Festival's special event permit and online ticket sales for the Festival. In addition to the Financial Sponsorship, the Parties agree to discuss in good faith additional funding opportunities for the City in connection with ancillary benefits and/or events associated with the Festival and Future Agreements(defined herein below). The City shall provide a Financial Sponsorship as set forth below: 1. Upon full execution of this Agreement, the City shall provide one hundred thousand dollars ($100,000) to Promoter to be used in connection with the Festival ("First Advance"). 2. Upon receipt of the Lineup (defined herein below) from the Promoter, the City shall provide two hundred thousand dollars ($200,000)to the Promoter("Second Advance"), 3. Upon completion of a Promoter's Special Event Permit application, the City shall provide two hundred thousand dollars ($200,000) to the Promoter ("Third Advance"). (collectively,the First Advance, Second Advance, and Third Advance shall be referred to as"$500,000 Advance") 4. Upon completion of the Event, the Promoter shall provide point-of-sale information to the City to assist in the calculation of the Financial Sponsorship,and such amounts, less the$500,000 Advance,shall be paid to the Promoter within thirty(30)days of the City's receipt of an invoice from the Promoter. Page 1 of 8 Section 2—City In-Kind Contributions City agrees to provide the following in-kind resources to support the Festival: a. Use of various resort stages for concerts; b. Use of agreed-upon public parking lots for direct Festival support and rideshare; c. City Public Safety and Public Works personnel based on availability; d. City support of Promoter's request to utilize School Board buses; and e. Availability of the Convention Center for the Promoter. Such availability will not include portions of the Convention Center rented to other patronAusinesses during the Festival. f. Use best efforts to ensure the beach within the footprint(as described herein)will be as wide as possible for the Festival. Section 3-Promoter Responsibilities The Promoter shall: a. Increase its efforts to reasonably collaborate with City Council liaisons and City staff to produce a professional music Festival that highlights the City of Virginia Beach, as expressly set forth herein. The City understands that final decisions regarding producing the Festival remain with the Promoter. b. Provide the City with the names of the publicly announced artists performing at the Event by December 31, 2024 ("Lineup"), with the understanding that the Lineup is subject to modification by Promoter prior to the Festival. c. Commence ticket sales for the Event no later than December 31, 2024. d. Cooperate with the City on its engagement of the Virginia Beach Resort Area business community to activate and welcome participants. e. Provide the City with pictures,drone videos and other marketing materials,as determined by Promoter in its sole discretion, for use in City-produced marketing and advertising to promote tourism in the City of Virginia Beach. Promoter shall obtain any required Certificate of Waiver or Authorization from with Federal Aviation Administration ("FAA") for operation of unmanned aerial vehicles/systems, including film and photography drones. Failure to comply with FAA standards, rules, and regulations may result in the revocation of the Special Event Permit issued by the City,provided City shall, to the extent feasible, first send Promoter written notice of its failure to comply and a reasonable opportunity to cure. f. Use reasonable efforts to provide a positive economic impact for the City. g. Secure any necessary entertainment permits,including a Special Event Permit,licenses, and insurance required for the Festival. Promoter shall adhere to all terms, conditions, and requirements contained in the Special Event Permit and any addenda thereto. h. Provide the City with attendance and ticket sales information (in the form of a ticket audit or such other customary event attendance report) so that City can determine the amount of the Financial Sponsorship payable to Promoter. i. Include up to six(6)questions proposed by the City in Promoter's post-Festival survey. The wording of such questions shall be subject to the prior approval of Promoter and must be submitted to Promoter for consideration no later than two(2)weeks prior to the Festival. Within sixty(60)days of the Festival, Promoter will share aggregate and non- identifiable data received in response to those questions. In no event shall Promoter be required to share name, address, email, or other personally identifiable information of the survey respondents. Page 2 of 8 Doc ID:c2486td39bc3014db51247b41eb99c8e7cdc5d57 j. Promoter shall be responsible for contracting with and paying for one or more third parties to provide security and emergency medical services personnel during the Festival, City shall communicate the in-kind public safety resources available for the Festival and the quantity and type of security/medical personnel necessary to support City resources(based upon Festival details such as attendance projections, venue size and layout, anticipated alcohol sales,and other relevant factors). k. Promoter shall be responsible for providing entertainment line-ups,up-to-date attendance projections and sponsor information for safety and security purposes to contracted personnel and the City,through VBEM to VBPD. 1. Promoter shall be solely responsible for contracting with, and paying, third parties for the production of the Festival,which such third parties collectively shall be responsible for the following: 1. Providing staging, sound,and lighting equipment for the Festival suitable to accommodate live performances by artist(s);and 2. Hiring, directing, and paying (if applicable)all necessary staff and labor for the operation of sound equipment and sound before, during, and after the Festival including, without limitation, set-up and break-down periods associated with the Festival. m. Public Safety. Promoter shall designate an executive safety officer as a primary point of contact to facilitate public safety planning and preparation with the City,through VBEM. Promoter,through such designated executive safety officer,shall facilitate public safety services in coordination with the City, through VBEM to the relevant City department. Upon request, Promoter shall assign at least one event manager with decision-making authority to the City Command Center to ensure effective public safety communication. n. Inclement Weather and Evacuation Plans. Promoter shall implement and adhere to the plan as required by the Special Events Tornado & Severe Thunderstorm Trigger Chart, attached hereto as Exhibit A, and incorporated herein by reference ("Trigger Chart"). Promoter shall designate an individual responsible for implementing the inclement weather/evacuation plans as prescribed by the Trigger Chart. In the event of a local emergency, consistent with Virginia Code §§ 44-146.16 and 44- 146.21, the City Manager may order evacuation of the Event site in the interest of public safety. o. The Promoter intends to produce Something in the Water Events in Virginia Beach in 2026 and 2027 on mutually agreed upon dates and terms. To the extent applicable, the parties agree to negotiate, in good faith,the terms and conditions of the 2026 and 2027 Events(collectively,"Future Agreements").Future Agreements shall include event dates for the applicable year's Event, and shall endeavor to provide timelines for the announcement of lineups and the commencement of ticket sales. If, for any reason(except for a Force Majeure occurrence addressed in Section 18 below), Promoter determines not to produce an event in 2026 and/or in 2027 and/or the applicable year's event is canceled in Promoter's sole discretion("NIA Event"), the City agrees that such shall not constitute a breach of the Agreement by Promoter and Promoter shall have no further liabilities or obligations in connection with the N/A Event under the Agreement. Page 3 of 8 Doc ID:c2486fd39bc3014db51247b41eb99c8e7cdc5d57 Section 4—Documents incorporated by Reference. The following document is incorporated by reference and shall assist in the construal of this Agreement and any terms and conditions included herein: - Exhibit B.Standard City Terms and Conditions. Any reference to"Contractor"shall mean "Promoter." Section 5—Audit The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Promoter, including,but not limited to those kept by Promoter, its employees, agents, assigns, successors solely in connection with the gross revenues of the Festival to the extent associated with the admissions taxes,meals taxes,and local portion of the sales taxes for activities within the footprint of the Festival. Promoter shall maintain such books and records, together with such supporting or underlying documents and materials,for the duration of this Agreement and for at least six months following the completion of this Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon reasonable request,to the City,through its employees,agents,representatives,contractors or other designees, during normal business hours at Promoter's office or place of business in Virginia Beach,Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach,Virginia,which is convenient for both parties. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the City may have by state, city, or federal statute, ordinance, regulation, or agreement,whether those rights,powers,or obligations are express or implied. Section 6-Term This Agreement shall be in effect from the date this Agreement is executed and shall continue in force until the end of the Festival and reconciliation of any Financial Sponsorship. Upon the completion of the Festival and load out, the Promoter shall remove the Promoter's materials and equipment from the Festival venue. Section 7-Independent Contractors It is understood and agreed by the Parties hereto that they do not stand in the relationship of partners or joint ventures in connection with this Agreement. Section 8-Applicable Law This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations,obligations,performance,or otherwise exclusively by the laws of the Commonwealth of Virginia,and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted,this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. Page 4 of 8 Doe ID:c2486fd39bc3014db51247b41eb99c8e7cdc5d57 Section 9-Compliance with All Laws The Parties shall comply with all federal, state, and local statutes,ordinances,and regulations now in effect or hereafter adopted,in the performance of this Agreement. Promoter expressly represents that it is duly organized,validly existing,and in good standing under the laws of the state in which it is organized and/or registered. Section 10-Venue Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. Section 11-Termination Each Party reserves all rights and remedies (including,without limitation,the right to terminate this Agreement)in the event of the other Parry's material breach of this Agreement,provided that it shall first give the other Party written notice and a reasonable opportunity to cure (if practicable and curable). In the event Promoter breaches a material provision of this Agreement, the City may give Contractor written notice of such default by email. Unless otherwise provided,Contractor shall have five (5) days from the date such notice is emailed in which to cure the default. Upon failure of Contractor to cure the default,the City may immediately cancel and terminate this Agreement as of the date the default notice was emailed and Promoter shall return the First Advance,Second Advance, and,if applicable,the Third Advance to the City within ten days of the date of termination. Section 12-Non-Assignment A party shall not assign its rights and duties under this Agreement without the prior written consent of the other party. Section 13-Entire Agreement/Modification The Parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification of this Agreement, except in writing, executed by the authorized representatives of the City and Promoter. Section 14—Non-Exclusivity City is hereby granted non-exclusive sponsorship for the Event. City acknowledges and agrees that City is not the sole or exclusive sponsor of the Festival or any particular Event activities,and that Promoter has the right to sell and grant additional sponsorship and promotional partnership benefits to third parties,including,without limitation, signage space,booth space and/or other recognition to other sponsors and partners of the Festival, in Promoter's sole discretion. Section 15--Miscellaneous City shall not engage in any press releases/press that mentions the Festival without Promoter's prior written specific approval (email is sufficient). City's promotions that mention the Event are subject to Promoter's prior written approval (email is sufficient). This Agreement does not grant City any rights to include any third parties (i.e., performing artists/talent, audience members,other sponsors, etc.) in its promotions, and City is solely responsible for obtaining all rights, waivers, and/or clearances (at its sole cost)required by any third party to include such third party in its promotions. No branded or co-branded giveaways at the Event without Promoter's prior written approval. All Page 5 of 8 Doc ID:c2486fd39bc3014db51247b41eb99c8e7cde5d57 rights not expressly granted herein are reserved by the Promoter. Section 16-Intellectual Property City is the sole and exclusive owner of all rights in and to the City of Virginia Beach name, trademarks, trade names, logos, product designations, slogans, copyrighted materials, or any combination thereof,as well as any goodwill associated therewith(collectively,the"City's Marks") and, with the exception of the non-exclusive rights expressly granted hereunder, all other rights relating thereto are expressly reserved by City. City hereby grants to Promoter and its designees a limited, non-exclusive license to use the City's Marks that City provides to Promoter hereunder during the Term, solely for the Event described and contemplated herein; provided that, all uses of City's Marks by Promoter shall be subject to City's prior written approval (as set forth below)which approval shall not be unreasonably withheld,conditioned, or delayed. Promoter acknowledges that all rights in and to City's Marks are and shall continue to be owned and controlled exclusively by City. Promoter shall execute and deliver all documents reasonably requested by City, which evidence City's exclusive rights in and to City's Marks,and hereby assigns to City any and all rights it may acquire in and to City's Marks. The license granted hereunder to Promoter shall expire upon the earlier of the expiration of the Term or termination of the Agreement as provided herein. Promoter shall contact the designated City representative for the purpose of obtaining City's approval as to the use of City's Marks and any Creative(defined below)approvals required by this Agreement. The definition of"City's Marks" does not include the City Seal. Promoter is the sole and exclusive owner of and/or enjoys the contractual right to use and exploit all rights in and to the Festival name, trademarks,trade names,logos,product designations, slogans, copyrighted materials, or any combination thereof, as well as any goodwill associated therewith (collectively, the "Festival Marks") and, with the exception of the non-exclusive rights expressly granted hereunder, all other rights relating thereto are expressly reserved by Promoter and its affiliates. Promoter hereby grants to City a limited,non-exclusive license to use the Festival Marks that Promoter provides to City hereunder during the Term, solely for the Festival described and contemplated herein; provided that, all uses of the Festival Marks by City shall be subject to Promoter's prior written approval and Promoter's brand guidelines, which approval shall not be unreasonably withheld, conditioned, or delayed. City acknowledges that all rights in and to the Festival Marks are and shall continue to be owned and controlled exclusively by Promoter. City shall execute and deliver all documents reasonably requested by Promoter, which evidence Promoter's (and its affiliates') exclusive rights in and to the Festival Marks, and hereby assigns to Promoter and its affiliates any and all rights it may acquire in and to the Festival Marks. City will cause to appear on all materials generated by or at the request of City on which the Festival's Marks appear such legends, markings and notices as Promoter may reasonably request in writing in order to preserve and protect Promoter and its affiliates' rights in and to the Festival Marks. The license granted hereunder to City shall expire upon the earlier of the expiration of the Term or termination of the Agreement. City shall contact Promoter's representative for the purpose of obtaining Promoter's approval as to the use of Festival Marks and any Creative approvals required by this Agreement. Prior to any use,publication and/or distribution by either Party of any of the other Parry's Marks, or of any media, materials, products, and/or creative content incorporating the other Party's Marks (collectively, the "Creative"), the Parties agree to provide the other with the applicable draft or Page 6 of 8 Doc ID:c2488fd39bc3014db51247b41eb99c8e7cdc5d57 description of the Creative, including the proposed use of the Creative. The Parties shall work together in a reasonable manner to review and respond to requests for approval within a reasonable time period of time not to exceed forty-eight(48)hours. Should a Party fail to respond within said forty-eight(48)hour time period approval shall be deemed granted. Notwithstanding the foregoing, for the period of one(1)week leading up to the Festival and during the Festival the Parties shall have twenty-four(24)hours to approve of the Creative. Should a Party fail to respond within said twenty- four(24)hour time period approval shall be deemed granted. Section 17—Insurance During the Event(from the time set-up first commences until completion),Promoter shall maintain insurance policies with the types of coverages and minimum policy coverages limits,as follows: i. Commercial General Liability, Premises/Operations, Contractual, Independent Contractors, and automobile liability insurance, each in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate combined single limit for injury and property damage; H. Business automobile liability insurance with a limit of not less than$1,000,000 per occurrence with combined bodily injury and property damage and covering all owned,non- owned and hired vehicles; and iii. Worker's compensation coverage equal to or greater than the applicable state statutory requirements, and Employer's liability in an amount not less than $500,000. Upon written request, Promoter shall name "The City of Virginia Beach, its officers, employees, agents, and representatives" as,additional insureds on the required insurance coverages set forth above. Promoter's insurance shall be provided by an insurer admitted in the Commonwealth of Virginia and which has a current A.M. Best's rating of no less than A: VIII or equivalent. Upon written request, Promoter shall furnish the City with a certificate of insurance evidencing the coverage required by this Agreement prior to the Event. In no event will the insurance coverages required hereunder be deemed to limit Promoter's liability or responsibility pursuant to this Agreement. Failure to maintain such coverages or to obtain or deliver any certificate required hereunder shall not relieve Promoter of its obligations under this Agreement (including, without limitation, its breach in failing to deliver any such certificates). The City of Virginia Beach is self-insured and has$10,000,000 of excess liability coverage about its $2,000,000 self-insurance program. This coverage is through States Self Insurers Risk Retention Group and includes automobile liability, commercial general liability, public official liability, and law enforcement liability coverage. Section 18-Force Majeure Festival is rain or shine. Notwithstanding the foregoing,neither Party shall be liable to the other and each Party shall be excused from performance of their obligations for any failure of or delay in the performance of their respective obligations under this Agreement to the extent such failure or delay is due to circumstances beyond a Parry's reasonable control and which renders performance impossible, infeasible, and/or unsafe, including, without limitation, acts of God, war, epidemics, pandemics, (such as COVID-19 and/or any variants thereof) local disease outbreaks, public health emergencies, quarantines, accidents, floods, civil disturbances, sabotage, accidents, insurrections, Page 7of8 Doc ID:c2486fd39bc3014db512471>41eb99c8e7cdc5d57 blockades, embargoes, cancellation of the Festival, in whole or in part, due to weather or other circumstances (including, without limitation, restrictions, rules, laws, guidelines, advice from the applicable governmental and/or health authorities in connection with COVID-19 or variants thereof ("COVID Guidelines')that could interfere with the Festival from taking place as planned such as, without limitation, COVID Guidelines that could affect Festival's capacity, admission processes, operations, or otherwise), the unavailability of labor or materials, failure of Festival Artists to perform, failure of Festival production/technical facilities/transportation, terrorism, civil disorder, explosions, disaster (including but not limited to fire, flood, and earthquake), strikes or work stoppages, government regulation, curtailment of transportation facilities, or otherwise (each a "Force Majeure Occurrence'). For the avoidance of doubt, Force Majeure Occurrence(s) affecting either Party's performance or rights(including,without limitation,postponement and/or cancellation of the Festival,in whole or in part,due to a Force Majeure Occurrence)shall not constitute a breach of contract and City shall remain responsible for payment to Promoter of the full Financial Sponsorship and any other payments/compensation due under the Agreement. AGREED AND ACCEPTED: AGREED AND ACCEPTED: SOMETHING IN THE WATER,LLC CITY OF VIRGEgA BEACH By: Pemi Aow By: Amanda Yarrcft Title: Authorized Signatory Deputy City Manager Date: November 15,2024 CITY APPROVALS Approved as to Content._ IMIOW�pl By:t4 Vv�ta�n-- Date: I y Approved as to Funding: By: I " -` Date: 11/1&2024 Approved for Legal Sufficiency: ByAtn-)CC ' I,`y�r,Date:—_H/L Q0 Approved as to Risk Management: By:Z-9 ate: Page 8 of 8 Doc ID:c2486fd39bc3014db51247b41eb99c8e7odc5d57 Exhibit A Special Events Severe Weather Trigger Chart CnNDITIC)"r ACTION WEATHER COMMUNICATION WITH CITY EVENT COORDINATOR AND EVENT ORGANIZER EVENT ADVISORY N/A MONITOR FORECAST. 48 HOURS j REVIEW INCLEMENT WEATHER AND EVACUATION PLANS WITH YOUR TEAM. ORGANIZER WEATHERANTICIPATED ADVISORY ANTICIPATED COMMUNICATION WITH CITY EVENT COORDINATOR AND EVENT ORGANIZER EVENT 24 HOURS WITHIN MONITOR FORECAST' ORGANIZER 200 MILES COORDINATE WITH TEAM.EVENT EQUIPMENT/TENT/STAGE SUPPLIERS,ETC. COMMUNICATION WITH CITY EVENT COORDINATOR AND EVENT ORGANIZER i 50 MILES POSSIBLE ON-SITE MEETING, EVENT LIGHTNING OR THUNDERSTORM ADVISORY ESTIMATED ENSURE TEAM IS ON STANDBY TO IMPLEMENT INCLEMENT ORGANIZER WEATHER/EVACUATION PLANS. PREPARE ANNOUNCEMENTS, VIDEO MESSAGE. MONITOR RADAR LIGHTNING OR COMMUNICATION WITH CITY EVENT COORDINATOR AND EVENT ORGANIZER SURFACE WINDS 30-40 MPH OR i CONDITIONS ARE 2S MILES SECURE EVENT VENUE-EQUIPMENT/TENTS/STAGES. EVENT THUNDERSTORM WATCH OR PRESENT OR ESTIMATED NOTIFY EVENT ATTENDEES OF POSSIBLE THREAT. ORGANIZER TORNADO WATCH WATCH IS ISSUED START ANNOUNCEMENTS/VIDEO MESSAGE. EVENT TEAM PREPARE TO EVACUATE WATER/MARINE EVENTS. f - MONITOR RADAR LIGHTNING OR CONTINUE TO SECURE EVENT VENUE. SURFACE WINDS 30-40 MPH OR ^ONDITIONS ARE 15 MILES TEAM IN POSITION TO IMPLEMENT INCLEMENT WEATHER/EVACUATION PLANS, EVENT PRESENT OR 2ND NOTIFICATION TO EVENT ATTENDEES OF POSSIBLE THREAT. ORGANIZER THUNDERSTORM WATCH OR ESTIMATEDWATCH IS ISSUED CONTINUE ANNOUNCEMENTS/VIDEO MESSAGE. EVENT TEAM TORNADO WATCH EVACUATE WATER/MARINE EVENTS _.---- -_.-._ MONITOR RADAR COMMUNICATION WITH CITY EVENT COORDINATOR AND EVENT ORGANIZER CONDITIONS ARE IMPLEMENT INCLEMENT WEATHER/HER/EVACUATION PLANS EVENT PRESENT OR 10 MILES BEGIN EVACUATION OF EVENT SITE ORGANIZER WARNING IS ESTIMATED NOTIFY EVENT ATTENDEES OF EVACUATION. gVgNT TEAM ISSUED CONTINUE ANNOUNCEMENTS/VIDEO MESSAGE. MONITOR CROWD MOVEMENT. CONTINUE TO SECURE EVENT VENUE. MONITOR RADAR CONDITIONS ARE PRESENT OR g MILES FINISH EVACUATION AND ALL PERSONS TAKE COVER MONITOR EVENT VENUE. ORGANIZER WARNING IS ISSUED EVENT TEAM Storm Passed INSPECT EVENT VENUE FOR DAMAGE ANT j ALL CLEAR All dear !0 MpES IF NO DAMAGE OR SAFETY ISSUES ARE IDENTIFIED,ALLOW RE-ENTRY AND CONTINUE EVENT. ORGANIZER gVENT TEAM COMMUNICATIONIZER WITH CITY EVENT COORDIMATORAND EVENT ORGAN Note:The speed and direction of advancing storms and the size and nature of the event may after the time needed to safely evacuate the site. Temporary structures shall not be used as shoftering locations for event partlelpanbL Failure to comply with the terms of the weather plan or any tern or condition of the permit may result In the Immediate revocation of the permit Pubfic as"agencies may order mandatory actions in the Interest of public safety at any public piece regardless of whether the permit has been revoked. Exhihit B Standard City Terms and Conditions 1. Faith Based Organizations. The City of Virginia Beach does not discriminate against Faith-Based Organizations. 2. Compliance with Immigration Laws Contractor agrees that it does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. 3. Foreign and Domestic Corporations Transacting Business in Virginia The Contractor shall be registered and authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law.The Contractor shall submit proof of such registration to the City. Additionally, the Contractor shall not allow its certificate of registration or authority to transact business in the Commonwealth,if so required under Title 13.1 or Title 50 of the Code of Virginia, to be revoked or canceled at any time during the term of the Agreement. 4. Nondiscrimination Employment discrimination by Contractor shall be prohibited. During the performance of this Agreement,Contractor agrees as follows: A. Contractor will not discriminate against any employee or applicant for employment because of race,religion,color, sex,national origin,age, disability,or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause. B. Contractor, in all solicitations or advertisements for employees placed by or on behalf of Contractor,will state that Contractor is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. D.Contractor will include the provisions of the foregoing Sections 1,2,and 3 in every subcontract or purchase order of over$10,000,so that the provisions will be binding upon each subcontractor or Contractor. 5. Drug-Free Work Place During the performance of this Agreement,Contractor agrees as follows: A. Contractor will provide a drug-free workplace for Contractor's employees. B. Contractor will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation,possession,or use of controlled substance or marijuana is prohibited in Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition. C.Contractor will state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace. D.Contractor will include the provisions of the foregoing Sections A,B,and C in each subcontract or purchase order over$10,000, so the provisions are binding upon each subcontractor. 6. Governing Law and Venue. A. Contract interpreted under laws of Virginia. This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations,performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted,this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. B.Venue. Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 7. Compliance with Applicable Laws The Contractor shall comply with all federal, state and local statutes, ordinances, regulations and guidelines now in effect or hereafter adopted,in the performance of the description of services set forth herein. Contractor represents that it possesses all necessary licenses and permits required to conduct its services. If the Contractor is a corporation, partnership, or limited liability company, Contractor expressly represents that it is a legal business entity in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of this Agreement. 8. Business License Requirement If the Contractor is a business, located in the City of Virginia Beach or at any time during the performance of this Agreement obtains situs for purposes of business license taxes, it shall be unlawful for such business to conduct or engage in such business, trade or occupation without having first obtained the proper license from the Commissioner of the Revenue of the City, and the Contractor covenants that it has a business license where one is required to perform this Agreement. 9. Independent Contractor The Contractor shall agree and covenant that it is and shall be at all times, an independent contractor, and as such, shall have and maintain complete control over all of its employees and operations. Neither the Contractor nor anyone employed by it shall be, represent, act, purport to act, or be deemed to be an agent, representative, employee or servant of the City.Nothing in this section shall be deemed to absolve or otherwise limit the Contractor's liability and responsibility to safely and correctly perform its duties under this Agreement. 10.Non-appropriation It is understood and agreed between the parties hereto that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Agreement.In the event funds are not appropriated and budgeted in any fiscal year for payments due under this Agreement, the City shall immediately notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal year for which (an) appropriation(s) (was) were received without penalty or expense to the City of any kind whatsoever. 11. Compliance with the Virginia Human Rights Act The Virginia Human Rights Act, as amended, includes protections against discrimination based on an individual's race, color, religion, sex, sexual orientation, gender identity, marital status, pregnancy, childbirth or related medical conditions, age, status as a veteran, or national origin. During the performance of this Agreement, Contractor shall comply with the Virginia Human Rights Act, as amended. �yl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $25,000 to the Non-Departmental Budget and to Authorize the City Manager to Execute a Sponsorship Agreement with the Urban League of Hampton Roads, Inc. MEETING DATE: January 7, 2025 ■ Background: The National Urban League is the nation's oldest and largest community-based movement empowering African Americans and others to enter the economic and social mainstream. The Urban League of Hampton Roads, Inc., was founded in 1978, and it provides services and programs in education, employment, health, and housing to Hampton Roads communities. The Urban League of Hampton Roads, Inc., is hosting the 41 st Annual Martin Luther King Jr. Community Leaders Awards Dinner. Since 1984, the Martin Luther King Jr. Community Leaders Awards have been presented to individuals or groups who exemplify service to community, demonstrate the values modeled by Dr. King, and make significant contributions to the Hampton Roads community. ■ Considerations: The attached ordinance transfers $25,000 from the General Fund Reserve for Contingencies to the Non-Departmental Budget. The ordinance also authorizes the City Manager to enter into a sponsorship agreement with the Urban League of Hampton Roads for the 41 st Annual Martin Luther King Jr. Awards. As of January 1, 2025, the balance of the General Fund Reserve for Contingencies is $1,395,625. ■ Public Information: Normal agenda process. ■ Attachments: Ordinance; Disclosure Statement Requested by Mayor Dyer REQUESTED BY MAYOR DYER 1 AN ORDINANCE TO TRANSFER $25,000 TO THE 2 NON-DEPARTMENTAL BUDGET AND TO 3 AUTHORIZE THE CITY MANAGER TO EXECUTE A 4 SPONSORSHIP AGREEMENT WITH THE URBAN 5 LEAGUE OF HAMPTON ROADS, INC. 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $25,000 is hereby transferred from the General Fund Reserve for Contingencies 11 to the Non-Departmental Section of the Operating Budget. The City Manager is hereby 12 authorized to execute a sponsorship agreement with the Urban League of Hampton 13 Roads, Inc., for the 41 st annual Martin Luther King Community Leaders Awards. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16787 R-1 January 2, 2025 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Urban League of Hampton Roads SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: FYEs] NO SERVICE I [PROVIDER(use additional sheets if Fneeded) Accounting and/or preparer of Stephen Merritt, CPA; your tax return E. L. Hamm and Associates Incorporated Financial Services (include Towne Bank lending/banking institutions and current mortgage holders as applicable) ❑ 2g Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Natasha Terry 6I104Z APPLICANT'S SIGNATURE PRINT NAME DATE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Pride Industries as Being Exempt from Local Property Taxation MEETING DATE: January 7, 2025 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: In December, the Commissioner of the Revenue forwarded a batch of ten applications for tax exemption by designation to the City Council for public hearing and vote. One item was deferred to January 7, 2025. The deferral was to allow City Staff to provide additional information regarding the manner in which Pride Industries operates and compensates employees. A memo providing the requested information was sent to the City Council on January 3, 2025, in the Friday distribution. ■ Alternative: City Council is not required to approve exemption requests. ■ Public Information: A public hearing regarding the ten applications was held on December 3, 2024, during the Council Formal Session. This item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinance; Commissioner of Revenue Summary; Disclosure Form; Council Policy Submitted pursuant to City Council Policy adopted May 6, 2008. 1 AN ORDINANCE TO DESIGNATE PRIDE INDUSTRIES AS 2 BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS,in accordance with§58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 personal property taxes to Pride Industries; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Pride 12 Industries a charitable organization within the context of§6(a)(6)of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That personal property owned by Pride Industries located within the City of Virginia 16 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby exempt 17 from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Pride Industries for exclusively charitable 22 purposes; 23 24 (b)that each July 1, Pride Industries shall file with the Commissionerof the Revenue 25 a copy of its most recent federal income tax return, or if no such return is 26 required, it shall certify its continuing tax exempt status to the Commissioner of 27 the Revenue; 28 29 (c) that every three years, beginning on January 1,2027,Pride Industries shall file 30 an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Pride Industries cooperate fully with the Commissioner of the Revenue with 34 respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2025. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of- _____.___, 2025. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL NCY: Commissioner of the Revenue ' CA16769 R-2 January 2,2025 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: PRIDE INDSTRIES LOCATION ADDRESS: 813 S Independence Blvd#A3, Virginia Beach VA 23455 SCC STATUS: Active as of 11/12/2024 WEBSITE: https://www.prideindustries.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Operates a workforce inclusion office in Virginia Beach to serve people with disabilities, within Pride's operations and with our business partners in the community. Pride currently provides space at the business partner's location to store janitorial equipment and service contracts. TAX IMPACT Real Property Parcel Assessment: None Tax: Business Property Assessment: 206,174.00 Tax: $3,298.78 Personal Property Assessment: None Vehicle Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status—July 2000 OFFICERS/COMPENSATION Jeff Derm President/CEO $536,341 Casey Blake COO $0.00 Charles Sharp CFO $154,373 Tina Oliveira Secretary $213,363 Robert Olsen Director $0.00 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: PRIDE Industries SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NOF SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include ® lending/banking institutions and current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other �•�! Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Stephanie Goin ApPL*AT'S SIGNATURE '� + PRINT NAME DATE Orre al Proposal CityCouncil PoAcy Title: City Council Policy Regarding Applications far Tax Exemption by Designation Date of Adoption: February 3, 20M Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to CounciPs policy adopted on. February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background The Virginia Constitution provides that, after janumy 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground-purposes. However,as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 PoPolicy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting.tax exemption. In considering appbcarions, the Commissioner of the Revenue shall ernpJoy the following guidelines: . o Title: Ciry Cound Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6,2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July I of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on forms) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Lass of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Tide 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive i Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The Cary Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code W.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with ire City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. f T'it1e: City Council Polity Regarding Applications for Tax Exemption by Designation Date of Adoption ?ebniary 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible persona! property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Address the Opioid Epidemic MEETING DATE: January 7, 2025 ■ Background: In 2021 the General Assembly created the Virginia Opioid Abatement Authority (VOAA) as an independent body whose purpose is to abate and remediate the Opioid epidemic in the Commonwealth through financial support from the Settlement Fund, in the form of grants, donations or other assistance. The financial support is specifically for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. Funding will be distributed to localities using three primary methods: 1) direct distribution, 2) individual distribution, and 3) collaborative partnerships. The Individual Distribution requires localities to submit an application to the VOAA. The City Council was previously briefed on the Opioid Abatement Settlement and a City Council Staff Report was submitted on October 11 , 2024 outlining 6 projects to be included in the Virginia Beach Individual Distribution application. The Virginia Beach application was submitted to VOAA in early November 2024 and the VOAA Grants Committee approved all 6 projects on December 6, 2024. This funding source will be available through 2039, applications will be submitted annually to renew or amend existing projects. ■ Considerations: After receiving community input via town halls, listening sessions, surveys, etc., it was noted that one of the themes was to enhance awareness, prevention, and services for youth. Subsequently, stakeholders collaborated and developed 6 project proposals that were included in the VOAA Individual Distribution application. The 6 projects were approved and the total award for FY25 is $636,105. • DHS was awarded $278,500 for a full-time Certified Peer Support Specialist FTE to work with youth with substance use disorders (SUD), purchase a community engagement prevention van, and to contract a provider to conduct SUD services within the Juvenile Detention Center. • Virginia Beach Police Department was awarded $140,000 to implement the Law Enforcement Against Drugs program within Virginia Beach City Public Schools (VBCPS) and purchase the Youth Services Unit a community engagement vehicle, trailer, and mascot to provide drug education and prevention activities throughout the community. • The Public Health Foundation, Inc., a Virginia Non-Stock Corporation, was awarded $132,605 to contract two Community Engagement Specialists to oversee a Teen-to-Teen social media campaign and provide outreach. DHS Opioid Abatement Individual Distribution Award Page 2 of 2 • VBCPS was awarded $70,000 to purchase an online evidence-based curriculum to provide proactive education as well as intervention when students have a substance-use related offense. • The Parks and Recreation Department was awarded $15,000 to purchase the "This is Not About Drugs" curriculum to be taught within the recreation centers to youth. ■ Public Information: Normal Council Agenda process. In addition, there were numerous town halls, and public briefings. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance, Disclosure Form Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO ADDRESS THE OPIOID EPIDEMIC 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1) $636,105 is hereby accepted from the Virginia Opioid Abatement Authority, as 8 part of the State Opioid Response and appropriated, with revenue increased 9 accordingly, to the following departments, in the following amounts, and for the 10 following purposes in their Fiscal Year 2024-25 Operating Budgets: 11 a. $278,500 to the Virginia Beach Department of Human Services to 12 purchase a community engagement Prevention Van, to contract a 13 provider to conduct substance use disorder services within the Juvenile 14 Detention Center; 15 b. $140,000 to the Virginia Beach Police Department to implement the Law 16 Enforcement Against Drugs program within Virginia Beach City Public 17 Schools, purchase the Youth Services Unit a community engagement 18 vehicle, trailer, and mascot; 19 c. $132,605 to the Virginia Beach Department of Health to provide funding 20 to the Public Health Foundation for two contractual Community 21 Engagement Specialists to oversee a Teen-to-Teen social media 22 campaign and provide outreach in the City; 23 d. $70,000 to Virginia Beach City Public Schools to purchase an online 24 evidence-based curriculum to provide proactive education as well as 25 intervention when students have a substance-use related offense; and 26 e. $15,000 to the Virginia Beach Department of Parks and Recreation to 27 purchase the "This is Not About Drugs" curriculum to be taught within 28 the recreation centers to youth. 29 30 2) 1.0 FTE is hereby authorized within the FY2024-25 Operating Budget of 31 Human Services. 32 33 3) Items purchased through these grant funds is not guaranteed to be replaced 34 by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: AP ED AS TO LEGAL SUFFICIENCY: Budget and Ma agement Services ify ney's Office CA16778/ R-1 / December 23, 2024 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: PLV� d"` t'`�• SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES [NO] SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of �av�.Q.S�?dyDCAZ' 6VyV'UW1 your tax return �c�)0utuAt,1, Financial Services (include EI lending/banking institutions and —C L current mortgage holders as applicable) Legal Services Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Y e4C APP�I ANTS SIGNATURE PRINT NAME DATE f(�5���'�'ytQ f�O `, B CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Byrne JAG Grant Funds for Law Enforcement Purposes MEETING DATE: January 7, 2025 ■ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the United States Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The policy of the City is for a Community Criminal Justice Board, comprised of City representatives from Police, the Sheriff, the Courts, and Community Corrections and Pre-Trial Services, to agree upon the best use of these funds prior to the City's application to the DOJ. This board convened in October 2024 to consider spending proposals and determine distribution of funds anticipated to be received from the federal Fiscal Year 2025 version of this grant. This item requires action immediately, so the public comment and requested action are both scheduled for the earliest meeting date of January 7tn ■ Considerations: The total award for this grant is $51 ,604. No local match is required. The Community Criminal Justice Board recommends that the funds be used as follows: ■ $19,000 to the Police Department, to purchase two canines for Community Policing activities; ■ $2,281 to the Police Department, for bicycle and steering wheel locks; • $17,433 to the Police Department, Mounted Patrol Unit, for training and health & safety equipment; ■ $1,110 to the Police Department, Special Events Unit, for televisions and stands for command post operations; ■ $6,315 to General/Juvenile Domestic Relations Courts for Virginia Criminal Information Network workstations, monitors, badge readers; and ■ $5,465 to Community Corrections for iPads, keyboards, and warranties. ■ Public Information: Normal Council Agenda process. This grant requires a public comment opportunity, which will occur at the January 7, 2025 Formal Session. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Requested by the Community Criminal Justice Board 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE BYRNE 2 JAG GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 WHEREAS, the City Council provided an opportunity for public comment upon the 6 proposed uses of federal funds at its January 7, 2025, Formal Session; 7 8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1 . $51 ,604 in federal funds from the United States Department of Justice, through the 12 federal Fiscal Year 2025 Edward Byrne Justice Assistance Grant, is hereby accepted 13 and appropriated, with federal revenue increased accordingly, to the following 14 departments, in the following amounts, for the following purposes in their Fiscal Year 15 2024-25 Operating Budgets: 16 a. $19,000 to the Police Department, to purchase two canines for Community 17 Policing activities; 18 b. $2,281 to the Police Department, for bicycle and steering wheel locks; 19 c. $17,433 to the Police Department Mounted Patrol Unit, for training and 20 health & safety equipment; 21 d. $1 ,110 to the Police Department Special Events Unit, for televisions and 22 stands for command; 23 e. $6,315 to General/Juvenile Domestic Relations Courts for Virginia Criminal 24 Information Network workstations, monitors, badge readers; and 25 f. $5,465 to Community Corrections for iPads, keyboards, and warranties; 26 27 2. The Mayor, in his capacity as chief elected official of the City of Virginia Beach, is 28 hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary 29 agreements, certifications, and assurances as instructed and required by the United 30 States Department of Justice. 31 32 3. The replacement of the above items purchased with these grant funds is conditioned 33 upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2025. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: =orney's EGAL SUFFICIENCY: udget a Management Service CA16777 R-1 December 23, 2024 u ems, H (U ws� fSj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Public Libraries for the Purchase of Books and Materials MEETING DATE: January 7, 2025 ■ Background: Each year the Virginia Beach Public Libraries (VBPL) is awarded funds from the Library of Virginia by way of the State Aid Grant. When the FY 2024-25 Operating Budget was passed, it included an estimated $332,354 in revenue from the State Aid Grant. VBPL have received the approved award letter with a total award of $365,621. This amount is $33,267 higher than anticipated. ■ Considerations: The additional $33,267 is restricted to the purchase of books and other materials to add to the VBPL print and digital collections. These funds help fulfill the department's mission to meet the lifelong needs of the City's diverse community by providing access to quality resources, engaging programs, and welcoming space. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE DEPARTMENT OF PUBLIC LIBRARIES 3 FOR THE PURCHASE OF BOOKS AND MATERIALS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $33,267 is hereby accepted from the Library of Virginia, State Aid Grant, and 9 appropriated, with revenues increased accordingly, to the FY 2024-25 Operating Budget 10 of the Department of Public Libraries to purchase books and other materials for the print 11 and digital collections of the Department of Public Libraries. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Ma agement Services ity orney's Office CA16781 R-1 December 23, 2024 r��f�f` eei�t r S� ~ gti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Public Library Association's Digital Literacy Workshop Incentive to the Department of Public Libraries for the Purchase of Teaching Equipment and Incentives MEETING DATE: January 7, 2025 ■ Background: In October 2024, Virginia Beach Public Libraries (VBPL) applied for the Public Library Association's Digital Literacy Workshop Incentive, which provides funds for local libraries to purchase equipment to serve as teaching tools and prize incentives for attendees of digital literacy courses utilizing the Public Library Association's curriculum. VBPL was awarded the grant in the amount of $10,000 and plans to use the funding for the following equipment: five handheld, stand-alone interpreter devices to be used by class participants and eight iPads with keyboard cases and Apple Pencils to be used as incentives for attending digital literacy classes and awarded through prize drawings. ■ Considerations: These grant funds do not require a local match from the City. While the equipment for the digital literacy classes is funded by the grant, City staff must run the courses and utilize City spaces to do so. The department will make use of existing staff and spaces to hold these classes. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE PUBLIC LIBRARY 3 ASSOCIATION'S DIGITAL LITERACY WORKSHOP 4 INCENTIVE TO THE DEPARTMENT OF PUBLIC 5 LIBRARIES FOR THE PURCHASE OF TEACHING 6 EQUIPMENT AND INCENTIVES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA THAT: 10 11 1. $10,000 is hereby accepted from the Public Library Association and 12 appropriated, with revenue increased accordingly, to the FY 2024-25 Operating 13 Budget of the Department of Public Libraries for the purchase of teaching 14 equipment and incentives. 15 16 2. Items purchased with these funds are not guaranteed to be replaced by the 17 City of Virginia Beach. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia on the day 20 of 2025. 21 22 Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services to ey's Office 14--- CA16783 R-1 December 23, 2024 �MA6l `�'r e'1�tiyhy7 �� �S Z) tip) i��� f s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Beach Library Foundation to the Department of Public Libraries for the Purchase of Technology Resources MEETING DATE: January 7, 2025 ■ Background: The City's Department of Public Libraries (VBPL) offers the community more than just great books; technology programming has become a staple of library services. In order continue providing new and improved technology education programs, VBPL seeks to purchase new technology programming resources totaling $1 ,061. These funds will be donated by the Virginia Beach Library Foundation. VBPL currently provides a wide variety of technology programming for teens and adults, including basic skills, Microsoft training, and coding. The library wants to expand these offerings to include digital art programs. Combining technology and the arts is an excellent way to increase creativity and engagement. VBPL already has some items that it will use for digital art programming, such as iPads and various software. Specifically, VBPL will purchase ten (10) Apple Pencils and replacement tips. In addition to digital arts programming, VBPL wants to add additional gaming kits to the Teen Outreach services to engage with teens, and it is always in high demand. An additional kit will allow VBPL to offer it at more teen outreaches. Funds will be used to purchase a new device, as well as cases for new and existing devices. ■ Considerations: The Virginia Beach Library Foundation is donating the funds to VBPL for the purchase of these technology programming resources, and the attached ordinance appropriates these funds. ■ Public Information: Normal Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA BEACH LIBRARY FOUNDATION TO 3 THE DEPARTMENT OF PUBLIC LIBRARIES FOR THE 4 PURCHASE OF TECHNOLOGY RESEROUCES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1 . $1,061 is hereby accepted from the Virginia Beach Library Foundation and 10 appropriated, with revenues increased accordingly, to the FY 2024-25 11 Operating Budget of the Department of Public Libraries to purchase technology 12 resources for the collection of the Department of Public Libraries. 13 14 2. Items purchased with these funds are not guaranteed to be replaced by the 15 City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. Requires an affirmative vote by a majority of all members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget nd Manafement Services or ey s Office CA16782 R-1 December 23, 2024 N4 dam o ^ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds Within the Capital Improvement Program for the Pleasure House Point Mitigation Bank, to Provide Limitations upon the Use of Mitigation Credits Created by the Pleasure House Point Mitigation Project, and to Provide for Efforts to Reduce Tree Loss MEETING DATE: January 7, 2025 ■ Background: Capital Project 100304, "Pleasure House Point Mitigation," first appeared in the Coastal Section of the FY 2012-13 Capital Improvement Plan (CIP). The project is a component of the 2014 Pleasure House Point Master Plan, and the Master Plan was supported by the stakeholders in the community including the Bayfront Advisory Committee. In 2014, a prospectus was created to evaluate the approach for restoring and creating tidal wetlands and shallow water habitats on a 12.32-acre portion of City- owned property at Pleasure House Point to develop the Pleasure House Point Mitigation Bank. Between 2016 and 2018, plans were prepared for the Pleasure House Point Mitigation Bank. In 2018, these plans reached a 90% completion stage but were not advanced further. The City worked on finalizing the Mitigation Banking Instrument (MBI) in collaboration with the US Army Corps of Engineers. In 2020, the US Army Corps of Engineers approved the MBI, which provided the necessary regulatory approval for establishing the 12.32 acres of City-owned property at Pleasure House Point as a Tidal Wetland Mitigation Bank. Federal permits for Flood Protection projects and other water-dependent projects require tidal wetland mitigation credits to move forward with construction. However, tidal wetland credits are not available from private or public wetland mitigation banks within the Lynnhaven River Basin. The establishment of the Pleasure House Point Wetland Mitigation Bank will help ensure that crucial flood protection projects stay on schedule. The estimated total cost to construct the Pleasure House Point Wetlands Mitigation Bank is $12,086,638. Capital Project 100304, Pleasure House Point Mitigation has $426,492 appropriated to date, leaving a balance to complete of$11,660,143. Public Works is proposing to transfer funds from CIP 100038, "Beach Replenishment — Phase II", and CIP 100617, "Rudee Inlet Weir Replacement" as shown below. Transfer From: ,Project# Project Amount 100038 Beach Replenishment— Phase II $ (2,593,508) 100617 Rudee Inlet Weir Replacement $ (4,066,635) Total $ (6,660,143) Pleasure House Point Wetlands Mitigation Bank Page 2 of 2 Transfer To: Project# Project Amount 100304 Pleasure House Point Mitigation $ 6,660,143 Total $ 6,660,143 The remaining funding of $5,000,000 will be provided from Capital Project 100517, "Princess Anne Plaza North London Bridge Creek Pump Station," as the Mitigation Bank is needed for this Flood Protection Project and the cost of credits was anticipated as part of the project scope. The proposed transfer will not have an immediate effect on either donor project. Funding for construction is already secured for the current phase of Beach Replenishment, while the Rudee Inlet Weir is currently in the study phase. To complete these the Rudee Inlet Weir project, funding will need to be included in future budgets. Beach Replenishment receives an annual allocation of$2.5 million within the CIP to ensure sufficient funds are available for replenishment. Within the FY 2024-25 CIP, the Rudee Inlet Weir was reflected as fully funded, and Pleasure House Point was programmed to receive $2.6 million in FY 2025-26. If this transfer is approved, Pleasure House Point will be fully funded. The City Manager's Proposed FY 2025-26 CIP would be to redirect the $2.6 million initially planned for Pleasure House Point to the Rudee Inlet Weir and fund the remaining $1.4 million. ■ Considerations: The 12.32-acre site owned by the City and master planned to be restored back to the historic tidal wetlands they once were prior to being filled with dredge material provides an opportunity to establish a tidal wetland mitigation bank approved by the US Army Corp of Engineers. In doing so, this action will allow important Flood Protection Program projects to continue into construction. If this tidal wetland restoration is not fully funded, then Flood Protection program projects will not be permitted to go to construction. In addition to transferring funds necessary for the Mitigation Bank, the attached ordinance does two things. First, it provides limits upon the use of the mitigation credits created by the Bank. The credits cannot be used for public-private partnerships or other economic development activities. Second, it directs the City Manager to develop a plan for preservation and replanting of trees that are impacted by the construction of the Bank. This plan will be publicly presented to allow the community to be informed as to the efforts undertaken to preserve trees of at least four inches in diameter, especially live oaks. ■ Public Information: Normal City Council agenda process, and public briefing at the City Council Workshop on December 10, 2024. ■ Attachments: Ordinance, CIP Detail Sheets (3) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE CAPITAL IMPROVEMENT PROGRAM FOR THE 3 PLEASURE HOUSE POINT MITIGATION BANK, TO 4 PROVIDE LIMITATIONS UPON THE USE OF 5 MITIGATION CREDITS CREATED BY THE 6 PLEASURE HOUSE POINT MITIGATION PROJECT, 7 AND TO PROVIDE FOR EFFORTS TO REDUCE 8 TREE LOSS 9 10 WHEREAS, the Pleasure House Point Mitigation Project (the "Project") first 11 appeared in the FY2012-13 Capital Improvement Program; 12 13 WHEREAS, the Project is a component of the 2014 Pleasure House Point Master 14 Plan, and the Master Plan was supported by the stakeholders in the community including 15 the Bayfront Advisory Committee; 16 17 WHEREAS, other large public works projects in the region, such as the expansion 18 of the Hampton Roads Bridge Tunnel, have absorbed the private market for wetlands 19 mitigation credits leaving the City with limited options to obtain credits needed for critical 20 projects such as the Flood Protection Program approved by bond referendum; 21 22 WHEREAS, the City Staff has proposed resuming previous work on the Project to 23 provide the needed wetlands mitigation credits within the Lynnhaven River Basin. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, THAT: 27 28 1 . $2,593,508 is hereby transferred from Capital Project #100038 "Beach 29 Replenishment— Phase II,"to project Capital Project#100304 "Pleasure House 30 Point Mitigation." 31 32 2. $4,066,635 is hereby transferred from Capital Project #100617 "Rudee Inlet 33 Weir Replacement' to Capital Project #100304 "Pleasure House Point 34 Mitigation." 35 36 3. The use of the credits created by the Pleasure House Point Mitigation Project 37 are intended for public works projects including roadways, stormwater, and 38 flood protection. These credits shall not be used for public-private partnerships 39 or other economic development activities. 40 41 4. The City Staff and any contractor directed by the City are to make good faith 42 efforts to preserve any trees that are at least four inches in diameter, especially 43 live oaks. The City may work with nonprofit partners that focus on tree 44 preservation in its preservation and replanting work on the Project. Without 45 delaying and to the extent feasible for the Project, the City Manager is to bring 46 forward publicly a plan to mitigate tree loss for those trees that are at least four 47 inches in diameter. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2025. APPROVED AS TO CONTENT.- APPROVED AS TO LEGAL SUFFICIENCY- Budget and Management Services City Attorney's Office CA16784 R-3 December 27, 2024 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100038 itle:Beach Replenishment II talus:Approved Category:Coastal Department:Public Works Project p' Project Location Project Type:Rehabilitation/Replacement District:6 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date I FY25 7FY26 FY27 FY28 FY29 FY30 Future 33,741,921 18,441,921 2,550,000 2,550,000 2,550,000 2,SS0,000 2,550,00 2,550,00J- Description and Scope This project provides funding for the City's share of the cyclical beach replenishment and maintenance including beach profile surveys and condition assessment reports for the resort beach from Rudee Inlet to 89th Street.This project will also be used to support non-routine beach management efforts including restoration,sand management,and coastal engineering studies for other City beaches.In addition,the project provides for necessary title work, recordation,and attorney's fees associated with establishing a public interest in beaches. Purpose and Need The replenishment of the resort beach and various City beaches has been established by City Council as a priority.Through this project,the City's resort and various other beaches are enhanced and maintained for their recreational,economic,and protective benefits. History and Current Status This project first appeared in the FY 2017-18 CIP.It continues the work conducted under Project 8-008 Beach Replenishment,Project 8-077 City-wide Sand Replenishment,and Project 9-704 Beach Erosion Control and Hurricane Protection;whereby,the U.S.Army Corps of Engineers(USACE)and the City funded the placement of four million cubic yards of sand on the resort beach from Rudee Inlet to 89th Street.This was completed in February 2002. The agreement between the City and USACE provides for this recurring cycle of replenishment over the next fifty(50)years.In FY 2023-24,the City contributed to the fourth nourishment project since 2001. Operating FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE !Project R Project Activities From-To Amount Construction 07/17-06/30 33,741,921 •'`• r� Total Budgetary Cost Estimate: 33,741,921 Means of Financing s Funding Subclass Amount .+ a 100038 Local Funding 33,741,921 .ac••M�•t w .SM•� r Total Funding: 33,741,921 Fiscal Years FY25 through FY30 Capital Improvement Program Project:PGlDG617 itle:Rudee Inlet Weir Replacement tatus:Approved Category:Coastal Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:5 7 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date I FY25 FY26 FY27 FY28 FY29 FY30 Future 4,981,839 7S48241 4,227,015 - Description and Scope This project provides funding for the design and construction to modify and replace the sand weir and terminal groin structures at Rudee Inlet. Purpose and Need The weir cap has experienced numerous failures in recent years requiring sectional repairs.A complete evaluation and replacement of the structure is required to ensure that the weir&jetty infrastructure performs as designed and to extend the service life of the system. History and Current Status This project first appeared in the FY 2022-23 CIP. Operating FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Design 11/22-10/25 754,824 Construction 04/24-10/25 3,774,121 Contingencies 11/22-10/25 452,894 5 Total Budgetary Cost Estimate: 4,981,839 Means of Financing 100617 Funding Subclass Amount Local Funding 4,981,839 Total Funding: 4,981,839 � 5 FY 2024-25 to FY 2029-30 355 Capital Improvement Program Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100304 itle:Pleasure House Point Mitigation tatus:Approved Category:Coastal Department:Public Works Project Type Project Location Project Type:Rehabilitation/Replacement District:9 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 3,020,000 426,492 - 2,593,508 Description an•Scope This project initially funded a study related to developing a wetlands mitigation facility on a portion of the Pleasure House Point site acquired by the City. The study will evaluate the merits of such a facility and outline the process for establishment and development of the mitigation facility.Design and construction of the mitigation facility will also be accomplished under this program.In addition,monitoring and maintenance for a 10-year period following the completion of construction will be funded through this project. Purpose A wetlands mitigation facility is needed to support City-funded navigation dredging and other City project needs. The bank will provide a mitigation option located within the Lynnhaven River Basin History and Current Status This project first appeared in the FY 2012-13 CIP.The Interagency Review Team(IRT)has determined that the proposed mitigation bank is feasible based on the Final Prospectus,which was developed in 2014.Work that is necessary to obtain agency approval to establish a wetlands mitigation bank on the Pleasure House Point property continues.Coordination with State and Federal agencies continues as the Mitigation Banking Instrument(MBI)was approved by the IRT.Permitting,final design,and construction have commenced.In the adopted FY 2020-21 CIP,construction funding was reprogrammed in FY 2025-26. Operating BudgetImpact FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount N.•N,er• •,.•`'� Design 07/21-10/26 250,000 Study Only 07/12-06/15 170,000 >� ,.•` Construction 11/26-10/27 2,270,000 ��•"•. ,•^""~ Contingencies 07/12-10/27 330,000 'o Total Budgetary Cost Estimate: 3,020,000 ♦100304 Means of Funding Subclass Amount Local Funding 3,020,000 Total Funding: 3,020,000 K. APPOINTMENTS • 5/31 MEMORIAL COMMITTEE • ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY • BAYFRONT ADVISORY COMMISSION • BEACHES AND WATERWAYS ADVISORY COMMISSION • BOARD OF ZONING APPEALS • CLEAN COMMUNITY COMMISSION • COMMUNITY CRIMINAL JUSTICE BOARD • COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE • COMMUNITY POLICY AND MANAGEMENT TEAM • EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY • HISTORICAL REVIEW BOARD • HOUSING ADVISORY BOARD • INDEPENDENT CITIZEN REVIEW BOARD • MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE • OLD BEACH DESIGN REVIEW COMMITTEE • PROCESS IMPROVEMENT STEERING COMMITTEE • PUBLIC LIBRARY BOARD • RESORT ADVISORY COMMISSION • STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP • TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE • VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE L. UNFINISHED BUSINESS N. ADJOURNMENT OPEN DIALOGUE For non-agenda items, each speaker will be allowed three minutes. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 757-385-4303. The full Agenda with all backup documents can be viewed in the eDocs Document Archive under: Current Session. If you would like to receive an email with a list of the agenda items for future City Council meetings, please submit your request to TChelius@vbgov.com or call 757-385-4303. AGENDA ITEMS Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx Meeting. 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 7, 2025. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:12/10/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE 1 R Y N K D E N R N N I. CITY COUNCIL'S BRIEFINGS A. AUDITED FINANCIAL RESULTS FOR Laura Harden, THE FISCAL YEAR ENDED JUNE 30,2024 Director—Cherry Bekaert Advisory, LLC B. Letitia Shelton, GENERAL FUND UPDATE Director—Finance Kevin Kielbasa, Finance Controller C. Letitia Shelton, DEBT MANAGEMENT UPDATE Director—Finance David Rose,Senior Vice President,and Manager of Public Finance—Davenport &Company Kyle Laux,Senior Vice President— Davenport& Company II. CITY MANAGER'S BRIEFINGS A. CIP RETREAT PRE-BRIEFING:BUILDINGS Brian Delfenthal, &ASSETS Facilities Administrator— Public Works B. CIP RETREAT PRE-BRIEFING: RETREAT Julie Brenman,Chief FACILITATOR Operating Officer— Fountainworks Kevin Chatellier, Director—Budget III. CITY COUNCIL DISCUSSION III.-VII. CERTIFICATION OF CLOSED NO CLOSED A-F SESSION SESSION HELD G. MINUTES 1. SPECIAL FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y November 26,2024 2. FORMAL SESSION APPROVED 10-0 Y 1' Y Y Y Y A Y Y Y y' November 26,2024 3. INFORMAL AND FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y A Y Y Y Y December 3,2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION— Princess Anne Independent News John-Henry Doucette CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE: 12/10/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N 1. PUBLIC HEARINGS 1. DECLARATION AND CONVEYANCE NO SPEAKERS OF CITY PROPERTY 1.54+/-acre property&16,500+/-square foot structure and all other improvements located at 2656 Lishell Place 2. DECLARATION AND CONVEYANCE 10 SPEAKFRS OF EXCESS CITY PROPERTY Approximately 3.18 acres of City-owned property located at the intersection of Princess Anne Road and Community College Place K.1. Ordinance to DISSOLVE the In-House ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Pharmacy Exploratory Committee(Requested CONSENT by the City Council) K.2. Ordinance to DISSOLVE the Urban ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Agriculture Advisory Committee(Requested CONSENT by the City Council) K.3. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y temporary easements,either by agreement or CONSENT condemnation re the Violet Bank Trail Project,CIP 100558 KA. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y property in fee simple and acquisition of CONSENT temporary and permanent easements,either by agreement or condemnation re the Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project, CIP 100423.091 K.5. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re Domi Deeds CONSENT K.6. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re My Favorite Charity CONSENT Events Organization,LLC K.7. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re Fight CF Foundation CONSENT K.8. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re Kaizen Adaptive CONSENT Training,Inc. K.9. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re Aid Another CONSENT K.10 Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re Healing of the Soul CONSENT Ministry K.11. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re STSTLT,Inc. CONSENT K.12. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re Alanton Baycliff CONSENT Recreation Center,Inc CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:12/10/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE 1 R Y N K D E N R N N K.13. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re Powerful Living CONSENT Ministries K.14. Ordinance to DESIGNATE as EXEMPT from DEFERRED TO 10-0 Y Y Y Y Y Y A Y Y Y Y Local Property Taxes re Pride Industries JANUARY 7,2025, BY CONSENT K.15. Ordinance to AMEND Chapter 7,Article III of ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y the City Code re seizure, impound, and CONSENT disposition of an unlawfully operated aB- terrain vehicle or oft road motorcycle operated on a highway or sidewalk within the City K.16. Ordinance to AMEND the City Code Section ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y 21-230 re traffic calming at Culver Lane CONSENT K.17. Resolution to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y to make administrative preparations re CONSENT Emergency Medical Services compassionate billing program K.18. Ordinance to AMEND the 2024 Housing ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Choice Voucher Administrative Plan and CONSENT AUTHORIZE the City Manager to execute the amended plan K.19. Ordinance to APPROPRIATE $30,531,524 ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y from the FY2023-24 School Reversion Funds CONSENT to the Virginia Beach City Public Schools FY2024-25 Operating and Capital Improvement Program(CIP)Requested by the School Board (Deferred from November 19, 2024) L.1. C&C DEVELOPMENT COMPANY,INC., APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y for a Variance to Section 4.4 (c)(1) of CONDITIONED,BY Subdivision Regulations re subdivide the CONSENT 15,000 square foot site into three(3)lots for the construction of three (3) single family dwelling units at 6502 Atlantic Avenue and 203&205 6511 Street DISTRICT 6 L.2. TIDEWATER STRUCTURES LLC / APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y MATTHEW R. SCORNAVACCHI for a CONDITIONED,BY Change in Nonconformity re expansion of an CONSENT existing dwelling at 514 9'h Street DISTRICT 5 L.3. SENTARA VIRGINIA BEACH GENERAL APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y HOSPITAL/SENTARA HOSPITALS for a CONDITIONED,BY Chanee in Nonconformity re replace and CONSENT reconstruct the existing main entrance sign at 1060 First Colonial Road DISTRICT 6 LA. SENTARA INDEPENDENCE/MPB INC., APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y for a Change in Nonconformity re replace and CONDITIONED,BY reconstruct the existing main entrance sign CONSENT at 800 Independence Boulevard DISTRICT 9 L.5. GRACE BIBLE CHURCH OF VIRGINIA APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y BEACH, INC., for a Modification of MODIFIED/ Conditions to a Conditional Use Permit re CONDITIONED reduce the size of the building and parking area,and modify the site layout, for the parcel directly south of 2285 London Bride Road DISTRICT 5 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:12/10/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D F N R N N JI L.6. FRANKLIN GROUP COMPANIES,LLC/ APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y TAA CORPORATE CENTER OFFICE PROFFERED/ PROPERTY,LLC,for a Conditional Change CONDITIONED,BY of Zonine from B-2 Community Business to CONSENT Conditional 0-2 Office District and a Conditional Use Permit rehousing for seniors &disabled persons and a Variance to Section 4.4(b) of the Subdivision Regulations for a portion of 5366 Virginia Beach Boulevard DISTRICT 4 L.7. TIFFANY COREY-BROWN / FIRST APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y THURSTON, LLC, for a Conditional Use CONDITIONED,BY Permit re day-care center at 5701 Thurston CONSENT Avenue,Suite 103 DISTRICT 4 L.8. JD ENTERPRISES VA, LLC DBA APPROVED/ 10-0 N' Y Y Y Y Y A Y ATLANTIC RENTAL HOMES/LEI XU for CONDITIONED,BY a Conditional Use Permit re short term rental CONSENT at 903 Pacific Avenue,Unit C DISTRICT 5 L.9. CHARLES YOUNG / CHARLES A APPROVED/ 10-0 Y Y Y Y Y Y A l" 1' Y Y YOUNG for a Conditional Use Permit re short CONDITIONED,BY term rental at 933 Pacific Avenue, Unit D CONSENT DISTRICT 5 L.10. LAKEWOOD HOME BUILDERS/MAH APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y INVESTMENTS,LLC for a Conditional Use CONDITIONED,BY Permit re indoor recreation facility at 2000 CONSENT Virginia Beach Boulevard DISTRICT 6 M. APPOINTMENTS RESCHEDULED R Y C (r N S E N S U S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY HISTORICAL REVIEW BOARD HOUSING ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD OLD BEACH DESIGN REVIEW COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE ARTS&HUMANITIES COMMISSION Appointed: 10-0 Y Cortney Doucette Unexpired Term thru 6/30/2026 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 7:14 PM